HomeMy WebLinkAboutMinutes - City Council - Regular - 8/23/19794` 2
AUG 2 3 1979
REGULAR CITY COUNCIL MEETING
August 23, 1979
The City Council of the City of Lubbock, Texas, met for its regular
meeting on Thursday, August 23, 1979, at 9:30 a.m. in the Council
Chambers, Second Floor, City Hall.
Those present:
Mayor Dirk West, Mayor Pro Tem Alan Henry, Councilwoman Carolyn Jordan,
Councilman Bill McAlister, Councilman M. J. Aderton, City Manager
Larry Cunningham, City Attorney John C. Ross, Jr., and City Secretary -
Treasurer Evelyn Gaffga.
Absent: None
79-38A472-845 The invocation was given by Mayor Pro Tem Alan Henry.
( 1)
79-38L472-846 The Pledge of Allegiance to the Flag was given in unison by those
( 2) present in the Council Chambers.
79-38L472-847 Approval of Minutes - Regular Meeting,Au ust 9 1979
( 3)
The motion was made by Councilwoman Jordan, seconded by Councilman
McAlister to approve the above referenced minutes. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton
and McAlister voting Yea; none voting Nay.
At 9:50 a.m. Mayor West declared that an Executive Session would be
held for the purpose of considering matters of land acquisltlon, personnel,
and litigation. This Session was announced in accordance with Sec.
2-f, Art. 6252-17, V.A.T.S.
79-38k472-848 Citizen Appearances
( 4)
Board Appointments
Vilsen Salinas Airport Board
Proclamations
"Lifelong Learning Week" - August 19-25, 1979
Receiving: Dr. Michael Mezack
"Sweet Adeline Day" - August 25, 1979
Receiving: Frances Davis
Jaye George
Eleanor Hamrick
Carol O'Loughlin
n"A wore
"Women's Equality Day" - August 26, 1979
Receiving: Susie Sappington
"LCC Football Week" - August 26-September 1, 1979
Receiving: HarveX Pruitt
"Buddy Holly Week" - September 2-8, 1979
Receiving: Bill McAlister
NCO OF THE QUARTER
Technical Sergeant Daniel L. Heckler
Special Presentation
Leonard Cowden, Area Manager, United States Savings Bond
Jeri Greuel
Mr. Cowden and Mr. Greuel appeared to present the MINUTE MAN
AWARD to the City for its participation in the United States
Savings Bond Program.
473
79-4 473-849 Hal Myra, representing Kappa Sigma Fraternity,to a22ear to request
( 5) a permit to use loud speakers in conjunction with a block party.
Appearance: Hal Myra, on behalf of Kappa Sigma and Kappa
Alpha fraternities
Mr. Myra appeared requesting permission for the fraternities to use loud speakers
in conjunction with a block party and street dance to be held September 7, 1979.
Last year on August 22, 1978, the Council approved a similar request of the
fraternities; there were no complaints by citizens to the best knowledge of
the organizations or members of the Council. Mr. Myra indicated that the location
for the dance would be at the National Guard Armory, located on 4th Street,
which is in a non-residential area. The hours will be from 8 to 12 p.m.
In response to Mr. Myra's request, it was indicated that the Council does not
waive an ordinance, but the provisions in this particular ordinance allows for
them to grant a special permit.
Motion was made by Councilman McAlister, seconded by Councilwoman Jordan to
grant permission to the Kappa Sigma and Kappa Alpha fraternities to use loud
speakers in conjuction with a block party and dance. Motion carried: Mayor
West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay.
79-381473-850 Dr. Clyde Kelsey to appear to request paving a part of the east -west
( 6) alley in the block east of Indiana Avenue and between 74th and 75th
Streets. -
Appearance: Dr. Clyde Kelsey
Dr. Kelsey appeared before the Council on July 26, 1979 to present
his request for consideration of paving a portion of the alley between
Indiana and Hartford, 74th-75th Streets. This block of alley paving was
considered April 12, 1979 during the Paving Assessment Hearing, and it was dropped
by the City from the program because a majority of the residents were not interested
in paying their share of the alley assessment.
The main concern of the Council at the July 26 meeting was establishing a precedent
related to paving policy and particularly paving only a portion of an alley.
The City Staff was requested to investigate a statement that Dr. Kelsey indicated
he had received from City Staff with respect to the City paying 50% of the total
cost; Dr. Kelsey, at the same time, was to inquire of the other property owners
their willingness to share their proportionate cost.
The City's present policy provides that the City will participate in 50% of
the total cost, and the property owner will pay the balance for concrete paving
of an entire alley; if soil cement is used, the City will pay 10% of the cost,
and the property owners will participate in the remaining 90% of the cost; that
if only a portion of the alley is paved, the City will not participate in any
of the cost of paving.
Upon investigation, it is the Staff's opinion that the problem is created by
improper site grading on the part of the builder/developer; that the Building
Code Study Committee needs to review the problem and update the Code to alleviate
any future problems of this type.
Dr. Kelsey indicated that upon investigation, the statement with respect to
the paying 50% of the paving cost was made to him in an oral conversation with
Noble James, former Street Superintendent; there is no documentation on file
supporting this alleged statement.
The following discussion reflected that little concern could be given to establishing
a precedent inasmuch as the paving policy for alleys was being revised, whereby
the City would not participate in alley paving whatsoever; that these problems
are the responsibility of the builder at the time of construction, and possibly
more careful inspection of the premises should be made on the part of City Inspectors;
that there definitely was a need for remedy based upon the pictures shown by
Dr. Kelsey, particularly for those residences that have rear access off of the
alley.
Dr. Kelsey indicated that he and one other property owner, Mr. F. E. Brett,
were picking up the entire property owners' share due to lack of interest on
the part of other property owners, said share being in the amount of $2,783
for cement -stabilized based paving on the portion of the alley requested, leaving
the balance being paid for by the City. At this point of the discussion, Dr.
Kelsey indicated he would pay $1,000 more from the amount stated, for a total
of $3,783.
Following additional discussion, the motion was made by Councilman Aderton,
seconded by Councilwoman Jordan that the referenced portion of the alley be
paved with concrete, Dr. Kelsey to pay the amount of $3,783 toward the paving
cost, and the City to make up the difference. Motion carried: Mayor Pro Tem.
Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; Mayor
West voting Nay.
47
79-384474-851
( 7)
79-389474-852
( 8)
Representative of the Citizens Traffic Commission to a22ear to recommend
further study and consider request for traffic signal at 23rd Street
and Avenue A.
The need for a traffic signal at the intersection of 23rd and Avenue
A has long been expressed by citizens living east of Avenue A. A traffic
count in February, 1979, conducted by the State Highway Department, reflec
that the intersection did not meet the warrants for a signal. The Human
Relations Commission's Advisory Committee has referred the matter to
the Citizens Traffic Commission for consideration.
Ingress and egress east of Avenue A is limited to 23rd Street and Coronado
Drive; Coronado Drive is along the south edge of the residential area;
23rd Street is in the middle of the residential area, and there is a
school on 23rd Street, this being the primary connector between Avenue
A and the viaduct over the railroad.
Appearance: Harold Chatman, member of the Citizens Traffic Commission
r. Chatman's opening remarks indicated there had already been communicated
to the citizenry through the news media a negative attitude to this
problem on the part of a City employee --the City Traffic Engineer--,
said statement appearing in the morning edition of the ,Lubbock Avalanche -
Journal. Mr. Chatman indicated that there was a letter filed with the
City from the principal of the Ella Iles School, an official of the
Lubbock Independent School District, and a petition containing 400 signatures
expressing the need for the traffic signal. Council's response to this 11
statement was that they had not received nor been notified of such correspondence
or petition, to which Mr. Chatman indicated that these had been filed
with the Citizens Traffic Commission through the City's liaison staff 1�
member.
Mr. Chatman also indicated that the peak periods were between 6 and
9 a.m. and 4 to 6 p.m. during which time it was impossible to make a
left-hand turn off of 23rd onto Avenue A; that in a twelve-hour period,
they had made a traffic count showing 68 cars attempting to utilize
this intersection, most cars containing a minimum of two citizens; that
there were 26 feeder schools at Ella Iles, it being a magnet school,
thus creating heavy traffic flow.
The Citizens Traffic Commission recommends that the State Highway Department
be requested to make another traffic study with the view of installing
a signal at the intersection, said study to be made within 60 days;
if the study is not completed by the Highway Department, the Traffic
Engineering Department be asked to conduct this traffic count.
Appearance: Mr. Bill Parker, representing Lubbock Independent School
District
On behalf of Superintendent Ed Irons, Mr. Parker appeared to endorse
these recommendations indicating that there is a desperate need for
a traffic signal at this intersection.
Motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister
that the State Highway Department be requested to restudy this inter-
section within 60 days and if the intersection does not meet the warrants
of the State Highway Department, the Council requests the warrants be
waived and a light be installed. Motion carried: Mayor West, Mayor
Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay.
Larry Anderson to appear to request extension of contract for outside
auditors.
Appearance: Larry Anderson, Partner, Mason, Nickels and Warner
On June 14, 1979, Mr. Anderson appeared before the Council to request
their consideration of extending their contract to serve as outside
auditors for a period of five years, their present contract expiring
with the September 30, 1979 audit. It had been the policy in the past
for the City to rotate outside auditors; Mr. Anderson indicated that
other governing bodies had retained the same auditor several years in
a row. Mr. Anderson indicated an extension of the contract would reflect
basically the same terms and conditions with the exception that the
referenced hourly rates would be adjusted to reflect the present inflationary
factor; that there was a removal clause in the present contract that
either party may give notice by May 15 requesting termination of the
contract.
The motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem
Henry authorizing the City Manager to begin negotiating procedures for
preparation of a five-year extension contract, with particular notice
being given to exactly what is expected of the auditors, their recommendatfni4c
AUG 2 -j 197
Oft
474 A
AUG 231979
79-389475-856
(12)
79-380476-857
(13)
79-381476-858
(14)
79-380476-859
(15)
79-38k477-860
(16)
THE STATE OF TEXAS
COUNTY OF LU13BOCK
Before me M r y Pie c a Notary Public in and for Lubbock County, Texas on this day
personally appeared J. C. Rickman, Business Manager
Newspa-
pers Corporation, publishers of the Lubbock Avalanche -Journal , Morning f Eveningtilettern a dsSunday, who
being by me duly sworn did depose and say that said newspaper has been published continuously for more
than fifty-two weeks pprior to the first insertion of this I_
Per word - $1o2.58 No. 59151116
ed copy of the Notice p�at Lubbock County, Texas and the attached print -
is a true Avalanche -Journal on the following dates: A u us tco7; o1979:'ginal and was printed in the Lubbock
(City of Lubbock P.O, No. H-3 79)
�Blllu:'6":�'Lness
---:Z: ManaLer
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this L4thday of AL-U s #
j� . 19_7 9
MARILYN PIER ;E
MY COMMISSION EXPIRES FEB. 1, 1980
Notary Public in and for Lubbock County, Texas
40TICE
OF
CITY COUNCILHEARING
NOTICE is hereby given to owners
Of the property nerelrafter de•
scribed or referred to and to all
other persons as provided by law,
that the City Council will hold e ;
pu;I.1 haar'ng on the 23rd do of
August, lit at 10:30 A.M., In the
City au. Chamber an the Sec-
.. of the City Hail in Lub-
bock, Texas, to consider the reC•
ommendet 3 of the Planning and
Zoning Commission that the zoning
district of the property herein de•
scribed be Changed; and at which
time and place all Interested per-
sons will be g6ven an opportunity to
be heard, after which hearing, the
City Council will determine wheth-
er the Zoning Ordinance and map
will be amended In accordance
with such rocommandatIon
1- ZONE CASE NO 22, — Request
of Mrs. SJdney KDthmen (}ar Lub-
bock W4, n's Club, Inc ) to
change tots I5, 16 and 17, Block At,
Overton Addition, City a! Lubbock,
Lubbock County, Txas, from C-2 to
C•2 (DH) Zoning District. (Located
at 2020 Broadway )
The Planning and Zoning Commis•
s'on , re Commended to the City
CounE
proveldMhaT thFS request be ap-
.
2 ZONE')CASE NO 7118-5 — Re-
QLest of Larry Teaver (for Lake -
ridge Country Club- to change a
tract of 'lend out of Section 15.
Bock E•2, City of Lubbock, Lub-
bock County, Texas to amend the'
Site plan. (Located West of VICkS•
berg Avenue and 300 feet to 562 feet
South of e91h Street,)
The Planning and Zoning Commis-
sion recommended to the City
C0LnCll that this request be ap-
proved.
3. ZONE CASE NO. 1139•A — Re -
Quest of Robert Messersmlth and
Jett Whitaker (for University Park
Development, Ltd.) to change Lot
1, Agee•Pharr Addition, City of
LubDOCk, Lubbock County, Texas,
from C-2A to C-2 Zoning District.
Located at 5015 University Ave-
nue. i
The Planning and Zoning Commis-
sion recommended to the City
Council that th s request be ap.
proved.
4. ZONE CASE NO, 2267 — Request
of R. J. O'Hair for a Specific Use
Zone Change, from R-1 to R-1 SM
Ofic Use Permit under provisions
at Section 22.3.2 of the Zoning Ordi.
nance, for fownhouses on a tract of
land out of Sect on 711, Block A. City
of Lubbock, Lubbock County, Tex-
as. (Located South of Yucca Lane
end West of Meadow Drive.)
The Planning and Zoning Commis•
sioq recommended to the C ty
CognCil that th-s request be ap•
proved.
5. ZONE CASE NO. 1660-D -- Ap•
pea' of Sonny Arnold (for Plans
National Banki to change t,ot L '
Agee -Pharr Addition, C ty of Lub-
bock, Lubbock County. Texas,
from R 1 to A•1 Zoning D'stnct. I
( Located at 2402 S2nd Street.)
This Planning and Zoning Cam_ s• I
i art recommended to the City
Councilthat this request bedenied.
J
4:5
79-38L475-853
( 9)
79-389475-854
(10)
79-38#475-855
(11)
79-34475-856
(12)
*Affidavit on
Page 474 A.
- - ism �-
as a result of their audit(s), and the City Manager to submit the recommendations
to the Council as soon as possible. Motion carried: Mayor West, Mayor Pro
Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea;
none voting Nay.
Ordinance No. 7902 _ SEE Ord. 7556, 10/27/77, for _ SEE Ord. 7592, 12/15/77, for
original ordinance. amendment to Ord. 7556.
An ordinance amending Ordinance No. 7556 prohibiting__the _sale of glue
and related chemicals to minors.
DGV:c1
ORDINANCE NO. 7902
AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY
OF LUBBOCK, TEXAS, BY AMENDING THE LANGUAGE OF SECTION 19-20.2 REGULATING THE
SALES, DISPLAY AND RECORD KEEPING OF SALES OF CERTAIN TYPES OF GLUE AND PAINT;
PROHIBITING INHALATION OF FUMES; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION
AND PROVIDING A PENALTY.
Ordinance No. 7903
An ordinance annexing a tract of land to the City of Lubbock, generally
located between Ursuline Street and Kent Street from Guava Avenue to
Olive Avenue.
LGB:hw
ORDINANCE NO. 7903
AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF LUBBOCK, WHICH AREA
IS DESCRIBED HEREIN AND IS ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF
THE CITY OF LUBBOCK, TEXAS; PROVIDING FOR CORRECTION OF CITY MAP TO INCLUDE
THIS ADDITIONAL TERRITORY; PROVIDING A SAVINGS CLAUSE.
Ordinance No. 7900
An ordinance annexing a tract of land to the City of Lubbock, generally_ located
between Indiana Avenue and University Avenue from 98th Street to 114th
Street.
LGB:hw
ORDINANCE NO. 7900
AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF LUBBOCK, WHICH AREA
IS DESCRIBED HEREIN AND IS ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF
THE CITY OF LUBBOCK, TEXAS; PROVIDING FOR CORRECTION OF CITY MAP TO INCLUDE
THIS ADDITIONAL TERRITORY; PROVIDING A SAVINGS CLAUSE.
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to
pass Ordinances 7902, 7903, and 7900 on second and final reading. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and
McAlister voting Yea; none voting Nay.
Ordinance No. 7901 - Zone Case No. 2244
Request of Mrs. Sidne Kothman (for Lubbock Women's Club Inc.) to
change Lots 15 16 and 17 Overton Addition City of -Lubbock Lubbock
County, Texas, from C-2 to C-2 DH Zoning District.(Located at
2020 Broadway.)
LGB:hw
ORDINANCE NO. 7901
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF
THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2244;
CHANGE LOTS 15, 16 AND 17, BLOCK 41, OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS, FROM C-2 TO C-2 (DH) ZONING DISTRICT; DESIGNATING A LANDMARK
THEREON; IDENTIFYING CERTAIN EXTERIOR ARCHITECTURAL FEATURES OF THAT LANDMARK;
PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING
A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
In accordance with Public Notice published in the Lubbock Avalanche- Journal
on August 7, 1979, a public hearing was held on the above referenced matter.
Proponent: Mrs. Joan Smith, on behalf of the Women's Club, Inc.
This request is made by the Lubbock Women's Club to designate their building
and tract on Broadway as a historic landmark. If approved, the Lubbock Women's
Club Building will become the second historic landmark building. Mrs. Smith
indicated that the request had received unanimous approval by the Urban and
Historical Design Commission; subsequently by the Planning and Zoning Commission.
There being no further discussion and no opposition, the hearing was closed.
4'76
79-38476-857
(13)
*Publisher's
Affidavit on
Page 474A.
79-384476-858
(14)
*Publisher's
Affidavit on
Page 474A.
79-380-476-859
(15)
*Publisher's
Affidavit on
Page 474A.
The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton
to pass said ordinance on first reading. Motion carried: Mayor
West, Mayor Pro Tem Henry, Coucilwoman Jordan, Councilmen Aderton
and McAlister voting Yea; none voting Nay.
Ordinance No. 7904 - Zone Case No. 2118-B
Request of LarrX Teaver (for Lakerid a County Club) to change a tract
of land out of Section 15 Block E-2, City of Lubbbock Lubbock Count
Texas, to amend the site 21an. (Located west of Vicksbur Avenue and
300 feet to 562 feet south of 89th Street.)
LGB:hw
ORDINANCE NO. 7904
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 OF THE CITY
OF LUBBOCK, ZONE CASE NO. 2118-B, CHANGE A TRACT OF LAND OUT OF SECTION
15, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, BY AMENDING
THE SITE PLAN MADE A PART THEREOF; PROVIDING FOR A PENALTY AS PROVIDED
IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
In accordance with Notice published in the Lubbock Avalanche -Journal
August 7, 1979, a public hearing was held on the above referenced
matter.
Proponent: Larry Teaver, on behalf of Lakeridge Country Club
This request is to modify the location of the covered tennis courts
previously approved by the Council, relocating from the north side
of the site to the south side of the site.
There being no discussion and no opposition, the hearing was closed.
Motion was made by Councilman McAlister, seconded by Councilwoman
Jordan to pass said ordinance on first reading. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen
Aderton and McAlister voting Yea; none voting Nay.
Ordinance No. 7905 - Zone Case No. 1139-A
Request of Robert Messersmith and Jeff Whitaker _(for University Park
Development, td.)_ to_ change Lot 1, Agee -Pharr Addition, City of
Lubbock? Lubbock County, Texas, from C-2A to C-2 Zoning District.
(Located at 5015 University Avenue).
LGB:hw ORDINANCE NO. 7
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES:
ZONE CASE NO. 1139-A; CHANGE LOT 1, AGEE--PHARR ADDITION, CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-2A to C -2 ZONING DISTRICT;
PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY
CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
In accordance with Notice published in the Lubbock Avalanche -Journal
August 7, 1979, a public hearing was held on the above matter.
Proponent:- Mr. Randy Andrews, representing University Park
�Development, Ltd.
This site is already zoned for commercial use and is located within
600' of the intersection at 50th Street and University Avenue. The
project would be a shopping center for retail -type commercial use.
The Planning and Zoning Commission unanimously approved the request.
There being no discussion and no opposition, the hearing was closed.
The motion was made by Mayor Pro Tem Henry, seconded by Councilman
McAlister to pass said ordinance on first reading. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen
Aderton and McAlister voting Yea; none voting Nay.
Ordinance No. 7906 - Zone Case No. 2247
Request of R. J. O'Hair for a S ecific Use Zone Change, from R-1
to R-1 Specific Use Permit under provisions of Section 22.3-2 of
the Zoning Ordinance for townhouses on a tract of land out of Section
78 Block A,_City of Lubbock Lubbock County,Texas. (Located south
of Yucca Lane and west of Meadow Drive.)
AU
79-38$477-860
(16)
*Publisher's
Affidavit on Page
474A.
LGB:hw
ORDINANCE NO. 7906
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE
CASE NO. 2247; CHANGE A TRACT OF LAND OUT OF SECTION 78, BLOCK A, CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS, BY AUTHORIZING THE ISSUANCE OF A SPECIFIC
USE PERMIT THEREON; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-
5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
In accordance with Notice published in the Lubbock Avalanche -Journal August
7, 1979, a public hearing was held on the above referenced matter.
Proponent: R. J. O'Hair
This request is for the purpose of a specific use permit for the construction
of townhouses shown on the original site plan previously approved by the
Council. The site backs up to open space as a result of a drainageway along
the Black Water Draw, and faces across the street into single-family residential.
It is the intent of the proponent to upgrade the area which was devastated
by the 1970 tornado.
There being no opposition and no discussion, the hearing was closed.
The motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister
to pass said ordinance on first reading. Motion carried: Mayor West, Xayor
Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay.
Ordinance No. 7907 - Zone Case No. 1660-D
The appeal of Sonny Arnold (for Plains National Bank) to change Lot 2,
Agee -Pharr Additian,_City of Lubbock Lubbock County, Texas from
R-1 to A-1 Zoning District. (Located at 2402 - 52nd Street.)
LGB:hw
ORDINANCE NO. 7907
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP
OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO.
1660-D; CHANGE LOT 2, AGEE-PHARR ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY,
TEXAS, FROM R-1 TO A-1 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED
FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
In accordance with Notice published August 7, 1979, in the Lubbock Avalanche -
Journal, a public hearing was held on the above matter.
Proponent: Ken Flagg, on behalf of Sonny Arnold
Steve Crosin, Consultant, Dallas
This request is on a tract of land that was originally zoned R-3 multi -family
on the north side and R-1 on the south side. It was later changed to a parking
lot tied to a site plan and then again, later, it was changed to professional
offices tied to a site plan. The most recent specific use permit has lapsed,
and the property has reverted to R-1 single-family zoning. There is commercial
zoning on the west and north sides of the request, apartment zoning on the
east side and duplex zoning on the south side. The proponent indicates he
wants to build owner -occupied condominium units.
There has been strong objections from neighbors to the proposed two-story
project; the Planning and Zoning Commission was receptive to the condominium
idea, but proponent was unwilling to tie himself to a site plan, and the
Commission, therefore, recommended that the request be denied.
Mr. Flagg, in his presentation, indicated that the project would consist
of five buildings comprised of 40 units--16 1-bedroom units and 24 2-bedroom
units; that all parking would be on the interior; that there would be extensive
landscaping; that there were 82 parking spaces; that the structures would
consist of 60% brick veneer, all reflected on the site plan as presented
to the Council.
Mr. Steve Crosin, Consultant, Dallas, indicated that he had been retained
by Mr. Arnold for the purpose of conducting an economic feasibility study
of the project and appraisal of the property. His conclusions were that
the project was feasible, the project being located in a medium density area
suitable for condominiums; that he recommended the project be constructed
of quality materials: he recommended extensive landscaping; that the site
plan as proposed was logical and conceptually sound; that the marketability
would attract young professionals in the 20 to 30 age range with above average
income.
Opponent: Bill Davis, 2308 52nd Street
Mr. Davis spoke on behalf of the residents in the area expressing their objection
not so much to the project itself which was very attractive, but to the proposed
478
_AUG )3-1979
79-38A-478-861
(17)
location of the project; that said project would not be compatible wi
type and quality of structures presently existing in single-family
residences; that the type of project would allow not only congested
parking on the street, but also increase the traffic flow to gain acc
to the project; that at the time the individual property owner invest
in his property, he was led to believe that the buffer -type building
would be comprised of duplexes; that they recognized that the propert
would never be used for single-family dwelling, but were not in favor
of a two-story type of project as proposed by the proponent; that he
raised the question of the advanced advertising being appropriate pri
to securing Zoning approval.
Extensive discussion followed by the proponent and the opponent, Coun
comments, and rebuttal by both the proponent and opponent. During th
time, Mr. Arnold indicated he felt that his request was denied by P
& Z because of his lack of experience and never realizing that there
was such strong emotional opposition until the week prior to the Commission
Hearing, and he entered the Hearing overconfident and without adequate
preparation.
Mr. Bertram, Director of Planning, in his comments, explained to the
opponents the difference between townhouse and condominium structures;
that he was of the opinion that owner -occupied condominiums were not
totally acceptable in Lubbock; that the trend of owner -occupied condominiu
was to come because of the inability of young couples to afford single-
family dwellings; he did raise the question that the "alleys" on the
north and west sides of the project, as reflected on the site plan,
were not alleys at all, but easements dedicated by the individual property
owner abutting the project's site, and suggested proponent to have clearly
defined with the respective property owner the use of the easement for
ingress and egress purposes, particularly since some of the parking
was located in these areas.
Following extensive discussion, response, rebuttal, and Council queries,
the hearing was declared closed.
The motion was made by Councilman Aderton, seconded by Councilwoman
Jordan that the project be granted pursuant to the site plan as presented,
subject to the following conditions:
1. That the units be condominium owner -occupied;
2. That proponents file the convenants of condominium prior
to second reading of the ordinance;
3. That the A-1 specific use permit be granted for one year only;
4. That the proposed project be tied to the site plan as presented.
Councilman McAlister offered a substitute motion holding the item to
allow the proponent to meet with the opponents to go over with them
the proposed site plan and the problemed areas involved inasmuch as
the site plan was not presented at the time of the P & Z Hearing. This
substitute motion died for a lack of a second.
At the suggestion of Councilman McAlister, and with the concurrence
of Councilman Aderton, in addition to the above conditions, an additional
provision be inserted that the proponent meet with the opponents before
second reading of this ordinance to thoroughly discuss the proposed
site plan, and the resultant problems of parking, traffic, etc.; additionally,
upon the recommendation of Director of Planning, that the proponent
would agree to meet with the individual property owner adjacent to the
project site with respect to resolving the alley versus easement situation
on the north and west, this meeting, likewise, to take place before
second reading of the ordinance. Motion carried: Mayor West, Mayor
Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay.
A performance hearing on the Community Develo ment Block Grant Program
In accordance with Notice published in the Lubbock Avalanche -Journal,
a performance hearing was held at 1:30 p.m. on the Community Development
Block Grant Program.
Appearance: Jim Bertram, Director of Planning
Vicki Foster, Community Development Coordinator
Citizen participation regulations of the CDBG require the City Council
to conduct a public hearing at least once a year to provide citizens
the opportunity to comment on the performance of the CDBG activities
and projects, said hearing to be held at least 30 days prior to the
beginning of the planning cycle for the next year's application. The
purpose of this hearing is not to ask for money for new projects, but
to review the status performance of the existing projects.
Mr. Bertram gave a line item presentation of those projects completed,
those projects in progress and the status of each commencing with Community
4'79
79-38R479-862
(18)
79-3e 479-863
(19)
Development Year
were 26 citizens,
for the hearing.
979
1, 1975 to Community Development Year 4, 1979. There f
22 staff members, and 8 members of the press present ;
Following Mr. Bertram's presentation, response to Council queries, the
hearing was declared closed.
A public hearing to discuss a Cooperation Agreement with the Housing
Tu-thority of Lubbock
In accordance with Notice published in the Lubbock Avalanche -Journal, a public
hearing was held on the above matter.
The Council held a public hearing on this matter on January 11, 1979, said Notice
being published in the Lubbock Avalanche -Journal on November 15, 1978 in accordance
with instructions received from HUD. Subsequently, the agreement was executed
and returned to HUD. In June of this year the Legal Office of HUD notified
the Housing Authority that the agreement was not acceptable because the hearing
had not been published twice, although the letter from HUD did not so stipulate.
The notice of this hearing has been published on June 22, 1979 and July 23,
1979 in accordance with HUD's requirements. The Housing Authority has submitted
a proposal for 132 units of low -rent public housing, said application being
held pending the execution of this agreement.
There being no discussion and no opposition, the hearing was declared closed.
Resolution No. 241
A resolution authorizing the Mayor to enter into a Cooperation Agreement
with the Housing Authority of Lubbock.
WMM:hw
RESOLUTION NO. 241
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 Cooperation Agreement
between the Housing Authority of the City of Lubbock and the City of Lubbock,
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 23rd day of August __ ,1979.
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/0/ Vicki Foster
Vicki Foster, Community Development Coordinator
APPROVED AS TO FORM:
/s/ W. M. McKamie
W. M. McKamie, Assistant City Attorney
COOPERATION AGREEMENT
This Agreement entered into this 23rd day of __ August , 1979, by
and between the Housing Authority of CITY OF LUBBOCK, (herein called the "Local
Authority") and CITY OF LUBBOCK (herein called the "Municipality"), WITNESSETH:
In consideration of the mutual covenants hereinafter set forth, the parties
hereto do agree as follows:
1. Whenever used in this Agreement:
(a) The term "Project" shall mean any low -rent housing hereafter developed
as an entity by the Local Authority with financial assistance of the
United States of America (herein called the "Government"), pursuant
to the United States Housing Act of 1937, as amended, and the
Department of Housing and Urban Development Act; excluding,
however, any low -rent housing project covered by any contract
for loans and annual contributions entered into between the Local
Authority and agencies of the Government prior to the date of
this Agreement.
480
(b) The term "Taxing Body" shall mean the State or any
political subdivision or taxing unit thereof in which a
Project is situated and which would have authority to
assess or levy real or personal property taxes or to
certify such taxes to a taxing body or public officer
to be levied for its use and benefit with respect to a
Project if it were not exempt from taxation.
(c) The term "Shelter Rent" shall mean the total of all
charges to all tenants of a Project for dwelling rents
and nondwelling rents (excluding all other income of
such Project), less the cost to the Local Authority of
all dwelling and nondwelling utilities.
(d) The term "Slum" shall mean any area where dwellings
predominate which, by reason of dilapidation, overcrowding,
faulty arrangement or design, lack of ventilation, light
or sanitation facilities, or any combination of these
factors, are detrimental to safety, health or morals.
2. The Local Authority shall endeavor (a) to secure a
contract or contracts with the Government for loans and annual
contributions covering one or more Projects comprising approximately
200 units of low -rent housing and (b) to develop and administer
such Project or Projects, each of which shall be located within
the corporate limits of the Municipality. The obligations of the
parties hereto shall apply to each such Project.
3. (a) Under the constitution and statutes of the State of
Texas all Projects are exempt from all real and personal
property taxes and special assessments levied or imposed
by any Taxing Body. With respect to any Project, so
long as either (i) such Project is owned by a public
body or governmental agency and is used for low -rent
housing purposes, or (ii) any contract between the Local
Authority and the Government for loans or annual contri-
butions, or both, in connection with such Project
remains in force and effect, or (iii) any bonds issued
in connection with such Project or any monies due to
the Government in connection with such Project remain
unpaid, which ever period is the longest, the Munic-
ipality agrees that it will not levy or impose any
real or personal property taxes or special assessments
upon such Project or upon the Local Authority with
respect thereto. During such period, the Local Author-
ity shall make annual payments (herein called "Payments
in Lieu of Taxes") in lieu of such taxes and special
assessments and in payment for the Public services
and facilities furnished from time to time without
other •cost or charge for or with respect to such
Project.
(b) Each such annual Payment in Lieu of Taxes shall
be made after the end of the fiscal year established
for such Project, and shall be in an amount equal to
either (i) ten percent (10%) of the aggregate Shelter
Rent Charged by the Local Authority in respect to
such Project during such fiscal year, or (ii) the
amount permitted to be paid by applicable State law
in effect on the date such payment is made, whichever
amount is the lower.
(c) The Local Authority shall distribute the Payments
in Lieu of Taxes among the Taxing Bodies in the pro-
portion which the real property taxes which would have
been paid to each Taxing Body for such year if the
Project were not exempt from taxation bears to the
total real property taxes which would have been
paid to all Taxing Bodies for such year if the Project
were not exempt from taxation; Provided, however,
That no payment for any year shall be made to any
Taxing Body in excess of the amount of the real
property taxes which would have been paid to such
Taxing Body for such year if the Project were not
exempt from taxation.
(d) Upon failure of the Local Authority to make
any Payment in Lieu of Taxes, no lien against any
Project or assets of the Local Authority shall attach,
nor shall any interest or penalties accrue or attach
on account thereof.
481
4. The Municipality agrees that, subsequent to the date of
initiation (as defined in the United States Housing Act of 1937,
as amended) of each Project and within five years after the completion
thereof, or such further period as may be approved by the Government,
there has been or will be elimination (as approved by the Government)
by demolition, condemnation, effective closing, or compulsory
repair or improvement, of unsafe or insanitary dwelling units
situated in the locality or metropolitan area in which such Project
is located, substantially equal in number to the number of newly
constructed dwelling units provided by such Project; Provided,
That, where more than one family is living in an unsafe or in-
sanitary dwelling unit, the elimination of such unit shall count
as the elimination of units equal to the number of families ac-
commodated therein; and Provided, further, That, this paragraph 4
shall not apply in the case of (i) any Project developed on the
site of a Slum cleared subsequent to July 15, 1949, and that the
dwelling units eliminated by the clearance of the site of such
Project shall not be counted as elimination for any other Project
or any other low -rent housing project, or (ii) any Project located
in a rural nonfarm area.
5. During the period commencing with the date of the acqui-
sition of any part of the site or sites of any Project and con-
tinuing so long as either (i) such Project is owned by a public
body or governmental agency and is used for low -rent housing pur-
poses, or (ii) any contract between the Local Authority and the
Government for loans or annual contributions, or both, in con-
nection with such Project remains in force and effect, or (iii)
any bonds issued in connection with such Project or any monies due
to the Government in connection with such Project remain unpaid,
whichever period is the longest, the Municipality without cost or
charge to the Local Authority or the tenants of such Project
(other than the Payments in Lieu of Taxes) shall:
(a) Furnish or cause to be furnished to the Local
Authority and the tenants of such Project public
services and facilities of the same character and
to the same extent as are furnished from time to
time without cost or charge to other dwellings and
inhabitants in the Municipality;
(b) Vacate such streets, roads, and alleys within
the area of such Project as may be necessary in the
development thereof, and convey without charge to
the Local Authority such interest as the Municipality
may have in such vacated areas, and, insofar as it
is lawfully able to do so without cost or expense
to the Local Authority or to the Municipality, cause
to be removed from such vacated areas, insofar as
it may be necessary, all public or private utility
lines and equipment.
(c) Insofar as the Municipality may lawfully do
so, (i) grant such deviations from the building
code of the Municipality as are reasonable and neces-
sary to promote economy and efficiency in the develop-
ment and administration of such Project, and at the
same time safeguard health and safety, and (ii)
make such changes in any zoning of the site and sur-
rounding territory of such Project as are reasonable
and necessary for the development and protection
of such Project and the surrounding territory;
(d) Accept grants of easements necessary for the
development of such Projects; and
(e) Cooperate with the Local Authority by such other
lawful action or ways as the Municipality and the
Local Authority may find necessary in connection
with the development and administration of such
Project.
6. In respect to any Project the Municipality further
agrees that within a reasonable time after receipt of a written
request therefor from the Local Authority:
(a) It will accept the dedication of all interior
streets, roads, alleys, and adjacent sidewalks with
in the area of such Project, together with all storm
and sanitary sewer mains in such dedicated areas,
after the Local Authority, at its own expense, has
completed the grading, improvement, paving, and
installation thereof in accordance with specifications
acceptable to the Municipality;
42
(b) It will accept necessary dedications of land
for, and will grade, improve, pave, and provide side-
walks for, all streets bounding such Project or
necessary to provide adequate access thereto (in
consideration whereof the Local Authority shall
pay to the Municipality such amount as would be
assessed against the Project site for such work
if such site were privately owned); and
(c) It will provide, or cause to be provided, water
mains, and storm and sanitary sewer mains, leading
to such Project and serving the bounding streets
thereof (in consideration whereof the Local Authority
shall pay to the Municipality such amount as would
be assessed against the Project site for such work
if such site were privately owned).
7. If by reason of the Municipality's failure or refusal to
furnish or cause to be furnished any public services or facilities
which it has agreed hereunder to furnish or to cause to be fur-
nished to the Local Authority or to the tenants of any Project,
the Local Authority incurs any expense to obtain such services or
facilities then the Local Authority may deduct the amount of such
expense from any Payments in Lieu of Taxes due or to become due to
the Municipality in respect to any Project or any other low -rent
housing projects owned or operated by the Local Authority.
8. No Cooperation Agreement heretofore entered into between
the Municipality and the Local Authority shall be construed to
apply to any Project covered by this Agreement.
9. So long as any contract between the Local Authority and
the Government for loans (including preliminary loans) or annual
contributions, or both, in connection with any Project remains in
force and effect, or so long as any bonds issued in connection
with any Project or any monies due to the Government in connection
with any Project remain unpaid, this Agreement shall not be abro-
gated, changed, or modified without the consent of the Government.
The privileges and obligations of the Municipality hereunder shall
remain in full force and effect with respect to each Project so
long as the beneficial title to such Project is held by the Local
Authority or by the Government or by any other public body or
governmental agency authorized by law to engage in the development
or administration of low -rent housing projects. If at any time
the beneficial title to, or possession of, any Project is held by
the Government, other public body or governmental agency, the
provisions hereof shall inure to the benefit of and may be enforc-
ed by the Government, such other public body or governmental
agency.
IN WITNESS WHEREOF, the Municipality and the Local Authority
have respectively signed this Agreement and caused their seals to
be affixed and attested as of the day and year first above written.
/s/ Dirk West
ATTEST:
DIRK WEST, MAYOR
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ W. M. McKamie
W.M. McKamie, Asst. City Attorney
ATTEST:
HOUSING AUTHORITY OF
BY
Chairman
79-3d'483-864
(20)
79-38C483-865
(21)
iv
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass said resolution authorizing the execution of referenced agreement
with the Housing Authority. Motion carried: Mayor West, Mayor Pro Tem Henry,
Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting
Nay.
Councilwoman Jordan indicated that in a recent visit with Congressman Kent
Hance, there was a proposed bill setting out guideline procedures for citizen
complaints to be filed with the various federal agencies; she also requested
this matter be added to the growing "Nothing Better To Do" list being comprised
by the City Secretary at Council's request.
Ordinance No. 7374-A
A correction ordinance amending Ordinance No. 7374 (Zone Case No. 2104)
to reflect Lots 270 through 275 Woodland Addition were changed from
R-1 to R-2 and Tract D Woodland Addition was chap ed from R-1
to C-2 zoning districts.
LGB:hw
ORDINANCE NO. 7374-A
1979 -11
AN ORDINANCE CORRECTING ORDINANCE NO. 7374 OF THE CITY OF LUBBOCK WHICH
AMENDED ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK BY ADDING THERETO CERTAIN
OMITTED PROVISIONS AS PASSED BY THE CITY COUNCIL AND REFLECTED IN THEIR MINUTES,
TO -WIT: ZONE CASE NO. 2104; CHANGE LOTS 270 THROUGH 275, WOODLAND ADDITION,
CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-2 ZONE DISTRICT AND
TRACT D, WOODLAND ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-
1 TO C-2 ZONE DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION
1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
This is a correction ordinance involving the development of the northeast
corner of Slide Road and 82nd Street. The R-2 tract and C-2 tract were inadvertently
omitted from previous action.
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass said ordinance on first reading. Motion carried: Mayor West, Mayor
Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay.
Resolution No. 242
A resolution authorizing the Mayor to contract for extension of an
agreement between the City and the Metropolitan Planning Organization
for work under FY 1980 unified Work Program.
LGB:cl
RESOLUTION NO. 242
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 extension
to the Agreement between the City of Lubbock and the Steering Committee of
the Lubbock Urban Transportation Study (Metropolitan Planning Organization)
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 23rd
ATTEST:
/s/ Evelyn Gaff a
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s B. H. McDaniel
r B.H. McDaniel, Traffic Engineering Dir.
APPROVED AS TO FORM:
/s Leon Bean
Leon G. Bean, Assistant City Attorney
day of August ,1979.
/s/ Dirk West
DIRK WEST, MAYOR
W •7
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS CONTRACT, entered into this 23rd day of August, 1979, by
and between the Steering Committee of the Lubbock Urban Transportation
Study (Metropolitan Planning Organization), hereinafter referred to
as the "MPO" and the City of Lubbock, Texas, hereinafter referred to
as the "City".
WITNESSETH
WHEREAS, on October 23, 1975, the MPO entered into a contract with
the City of Lubbock, Texas;
NOW THEREFORE, it is hereby agreed tWat the aforementioned contract
of October 23, 1975, shall, subject to the condition hereinafter stated,
be extended to cover the period from September 1, 1979, through August
31, 1980. Work will be performed as set forth in the Unified Work
Program FY 1980 (September 1, 1979 - August 31, 1980).
Condition:
Exhibit "B" attached hereto shall replace Exhibit "B: as attached
to the aforementioned contract of October 23, 1975.
IN TESTIMONY WHEREOF, the parties hereto have caused these presents
to be executed on the aforementioned date.
PARTY OF THE FIRST PART PARTY OF THE SECOND PART
Steering Committee
Lubbock Urban Transportation
/s/ Bill McDaniel
Bill McDaniel, Vice -Chairman
ATTEST:
-Lsl Glenn Y. Johnson
Glenn Y. Johnson, Secretary
8-10-79
Date
EXHIBIT B
City of Lubbock
/s/ Dirk West
Dirk West,Mayor
ATTEST:
/s/ Evelyn GaffRa
Evelyn Gaffga
City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Leon Bean
Leon Bean
Asst. City Attorney
Summary of Section 112 funding to be received by City of Lubbock for
listed tasks to be performed during FY 1980 (September 1, 1979 -
August 31, 1980).
Task
No. TASK DESCRIPTION 112 Funds
201.10 Accident Study $ 400.00
501.10 Parking Study 4,100.00
601.10 City of Lubbock
Phase 1 Street Inventory
& 2 10,000.00
701.10 Population & Economics Study 20,500.00
801.10 Capacity Study 20,000.00
TOTAL $ 55,000.00
79-38A485-866
(22)
0
w
w
Man Hours $ 10,046.00
Fringe Benefits at 31.4% 3,154.00
To be used by City of Lubbock
to retain consulting firms 40,500.00
Travel 500.00
Printing & Xerox 800.00
TOTAL $ 55,000.00
This is authorization of a contract with the Metropolitan Planning Organization
for extension of the contract through August 31, 1980. The contract provides
for work to be performed by the City in connection with the Lubbock Urban Transportation
Study Plan. These tasks will be funded by Section 112 Funds from the Federal
Highway Administration.
Resolution No. 243
A resolution approving Lubbock's Transportation and Improvement Program
TIP and the Transportation System Mana ement Element (TSME) for
Lubbock's Urban Trans20ration Plan.
LGB:cl
RESOLUTION NO. 243
WHEREAS, the City of Lubbock and Lubbock County have heretofore established
a Steering Committee of the Lubbock Urban Transportation Study known as the
Metropolitan Planning Organization, and;
WHEREAS, one of the responsibilities of such organization is the annual
preparation of a Transportation Improvement Program with an annual element and
the preparation of a Transportation Management Element with an annual element,
and;
WHEREAS, such annual elements are presented to the City Council for its
consideration and approval, NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby approve the annual
elements of the Transportation Improvement Program and the Transportation Management
Element.
Passed by the City Council this 23rd day of August 1979.
ATTEST:
/s/ Evelyn Gaffea
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ B. H. McDaniel
B.H. McDaniel, Traffic Engineering Dir.
APPROVED AS TO FORM:
/s/ Leon Bean
Leon G. Bean, Assistant City Attorney
/s/ Dirk West
DIRK WEST, MAYOR
The Steering Committee of the Urban Transportation Study provides an annual
list of projects for a 5-year period (TIP). The TSME attempts to use the present
facilities more efficiently. All anticipated projects, whether locally funded
or federally funded, are included in these documents to keep them eligible for
federal funds should we use them for the projects.
In the annual element, a provision has been made for a consultant study for
a grade separation at East 34th Street and Quirt Avenue, and that a provision
has been made in the TSME to begin construction of facilities should the engineering
report be favorable and if appropriate funding can be obtained. The current
source of funding for the grade separation is $574,000 from bond funds that
are committed to the improvement at this location.
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to
pass Resolution No. 242 and No. 243, referenced above. Motion carried: Mayor
West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay.
*NOTE: TRANSPORTATION SYSTEM MANAGEMENT ELEMENT FOR LUBBOCK URBANIZED AREA FY 1980
and other related documents filed with original Resolution #243.
•
ijG 2 9 1979_.._ aw_
79-3e486-867
(23)
M
Resolution No. 244
A resolution authorizing the Mayor to execute a contract between the
City of Lubbock and the Urban Renewal Agency for acquisition and
relocation services.
WMM:cl
RESOLUTION NO. 244
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR ACQUISITION
AND RELOCATION SERVICES BETWEEN THE CITY OF LUBBOCK AND THE URBAN RENEWAL
AGENCY OF THE CITY OF LUBBOCK.
WHEREAS, the City of Lubbock has heretofore acquired certain land
pursuant to the expanding needs of the Community for additional park
and recreational .facilities; and
WHEREAS, the City of Lubbock is to acquire certain additional lands
for park facilities and open space in the vicinity south of Carroll Thomps
Junior High School, portions of the north and south rim of Lake VI of
the Canyon Lakes Project in Lubbock, Texas and desires to have the Urban
Renewal Agency perform certain functions with respect to the acquisition
of such land and in the administration of the relocation activities necess
upon acquisition thereof; and
WHEREAS, the Urban Renewal Agency desires to perform the functions �I
for the City of Lubbock with respect to obtaining appraisals of certain
parcels, acquisition of such land, and the relocation activities anticipated
to be necessary on acquisition thereof; NOW THEREFORE: II
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
for acquisition and relocation services between the City of Lubbock and
the Urban Renewal Agency of the City of Lubbock, 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 Council this 23rd day of August 91979.
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaf€gam
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Vicki Foster
Vicki Foster, Community Development Coordinator
APPROVED AS TO FORM:
/s/ W. M. McKamie
W.M. McKamie, Assistant City Attorney
*NOTE -Original CONTRACT FOR ACQUISITION AND RELOCATION SERVICES_ BETWEEN
THE CITY OF LUBBOCK AND URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK
with original Resolution #244 on file .
The Community Development application for 5th Year funds requested three
park acquisition projects:
1. Acquisition and clearance of 14th Street, between Avenue T
and Avenue U, for South Overton Park (approved funds--$113,598);
2. Acquisition of 15.5 acres below the south rim of Lake #6
in the Canyon Lakes Project. (approved funds--$50,000);
3. Acquisition and clearance of 23.6 acres on the north rim
of Lake #6 of the Canyon Lakes Project. (approved €unds--
$276,000).
This contract authorizes the Urban Renewal Agency to act on behalf
of the City in acquiring the described land and will be responsible
for the relocation of any residences or businesses. After the parcels
r
L.
4.87
79-38A487-868
(24)
79-3EA487-869
(25a)
79-34487-870
(25b)
79-30-487-871
(26)
have been acquired, the City will be responsible for clearance and
site improvements. The estimated cost for the acquisition and relocation
activities are:
Urban Renewal Agency Fee $16,500
Appraisals and Order Appearances 10,500
Review Appraisals 4,800
Total $31,800
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem
Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay.
The price and conditions of sale of Parcel 3-21 and 3-15 in the
Coronado -Tex. R-33 area.
Redeveloper: George H. Bates $1,500 for single-
family residence
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to approve the price and conditions of sale of the above referenced
parcel. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman
Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay.
Change Order No. I CDWO 7720 for installation of guardrails on Quirt
Avenue Ord Year Community Development Street Paving Program).
Last winter the City received complaints from East Lubbock residents
regarding Quirt Avenue, between 19th Street and East 24th Street.
The street is very steep and hazardous to cars traveling across the
Canyon Lake #6 when it is icy. Under the warrants and standards of
the Texas Highway Department regarding guardrails, the Traffic Engineering
Department recommended the installation of guardrails on both sides of
Quirt Avenue, between East 19th and 24th Streets.
The cost estimates to install 360 linear feet of guardrail on Quirt
Avenue is $17,935 to be funded from the CD Contingency Funds.
An allocation of Community Development Contingency Funds for Change
Order No. 1 CDWO 7720 referenced above.
Motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Jordan
to approve Change Order No. 1, CDWO 7720, referenced above, and to
approve the allocation for said Change Order from CD Contingency Funds.
Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan,
Councilmen Aderton and McAlister voting Yea; none voting Nay.
Resolution No. 245
A resolution approving the submission of a
units of existing Section 8 housing by the
to the Department of Housing and Urban Dev
RESOLTITTnw
lication for 80 additional
ing Authority of Lubbock
t
A RESOLUTION APPROVING THE SUBMISSION OF AN APPLICATION FOR AN ADDITIONAL
80 UNITS OF SECTION 8 EXISTING HOUSING FOR LOWER INCOME FAMILIES BY THE HOUSING
AUTHORITY OF THE CITY OF LUBBOCK TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
WHEREAS, the City of Lubbock has provided that the Housing Authority of
the City of Lubbock shall provide and do certain activities and services in
connection with the provision of low -rent housing; and
WHEREAS, under the provisions of the Housing and Community Development Act
of 1974, Section 8, as amended, the Department of Housing and Urban Development
is authorized to provide financial assistance to public housing agencies for
low -rent housing; and
WHEREAS, the Housing Authority of the City of Lubbock is authorized by law
and is willing to apply for and administer such financial assistance; and
WHEREAS, the application for 80 additional units of Section 8 Existing
Housing is consistent with the goals described in the 1978-79 City of Lubbock
Housing Assistance Plan; and
WHEREAS, the City Council has determined that it would be in the best
interest of the citizens of the City of Lubbock that the submission of an
79-389:488-872
(27)
application for an additional 80 units of Section 8 Existing Housing be
approved; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Housing Authority of the City of Lubbock shall cause to be
prepared and shall send to the Department of Housing and Urban Development
an application for an additional 80 units of Section 8 Existing Housing
pursuant to the terms and provisions of the Housing and Community
Development Act of 1974 as amended.
Passed by the Council this 23rd day of August , 1979.
/s/ Dirk West
Dirk West, Mayor
ATTEST:
/s/ Evelyn Gaffga, _
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Vicki Foster
Vicki Foster, Community Development Coordinator
APPROVED AS TO FORM:
/s/ W. M. McKamie
W. M. McKamie, Assistant City Attorney
*NOTE -SECTION 8-HOUSING ASSISTANCE PAYMENTS PROGRAM APPLICATION FOR
EXISTING HOUSING, attached with original Resolution number 245.
The Housing Authority is submitting an application to HUD for an additional
80 units of the existing Section 8 Housing. These units will provide
housing assistance payments to low-income family, elderly or handicapped
persons. The units will not be new construction, but existing rental
units. The Section 8 Program provides up to 75% rent as long as the
rent falls within the fair market rent value set by HUD.
Motion was made by Councilwoman Jordan, seconded by Councilman Aderton
to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem
Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay.
Resolution No. 246
A resolution approving and adopting the 1980 Update of the Lubbock
Rehabilitation and Redevelopment Strategy Plan.
WMM:hw
RESOLUTION
A RESOLUTION APPROVING AND ADOPTING THE 1980 UPDATE OF THE LUBBOCK REHABILITATION
AND REDEVELOPMENT STRATEGY PLAN.
WHEREAS, the 1980 Update of the Lubbock Rehabilitation and Redevelopment
Strategy Plan has been prepared by the City of Lubbock Planning Department and the Urban Renewal Agency indicating the areas designated for rehabilitailon
or redevelopment with respect to the Community Development Block Grant
Program, NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the 1980 Update of the Lubbock Rehabilitation and Redevelopment
Strategy Plan BE and is hereby approved and adopted as policy and procedure
of the City of Lubbock
Passed by. the City Council this 23rd
ATTEST:
/s/ Evel7n Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Vicki Foster
Vicki Foster, C.D. Coordinator
day of August '1979.
Isl Dirk West
DIRK WEST, MAYOR
APPROVED AS TO FORM:
LS—/ W._
W. M. McKamie, Asst. Ci—ty Attorney
AUG 2 01979
Imm
ro-
r
488 A
G 2 3 1979
79-38E489-874
(29)
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me Marl IYn Pierce a Ttarly Public andjf Lubbock County, Texas on this day
personally appeared J. C. Rickman9 us ness Yana
ers Corporation, of the Southwestern Newspa-
pers po publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who
being by me duly sworn did depose and say that said newSpa er h b n ublis o than fifty-two weeks prior to the first in t'o o� this Lea l f�fo�eiC�2 — 204 vow ka orb_Vre
Per word — $89.47 No. ����'33
ed copy of the e — at Lubbock County, Texas and the attached print- i� eptru�ti'eo tl�ori� nd was printed in the Lubbock
Avalanche -Journal on the following dates:
y o! Lubbock P.Q. Nd. N-3880
B ss Manager
LUBBOC VALANCHE-JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this 3rd day of September 19 79
44x, A,�
MARILYN PIERCE
MY COMMISSION EXPIRES FEB. 1, 1980
Notary Public in and for Lubbock County: Texas
NOTICE OF F Iat7FNG OF
NOSWN4FICAh'1 EFFECT
ON ENVIRONMENT
TO WHOM E MAY CONCERN
The Clty of Lubbock, P.O. Bat
2000, Lubbock, Texas 79457, Tel
762-6411 proposes to •equest the De
partment of Housing and Urbar
Development 10 release federal
funds under Tit I OF the Hcs ng
and Community Development Act
Of 1974 IPL 93-383) to be used for
the following project -
Renovation of Mae Simmons
Swimming POOP _ 360,ON 00
Construction of Yet ewhOute Can•
you Addition Access Road — S36
000.00
It has been determined That the re-
quest for release of funds w.D eotl
carsYtL•re an anion significantly;
affecting the qua ty of the human'
environment and, accordingy, the
F
City of Lubbock hay decided not to
prepare an Environmental ]mpa[t
Ste temenl under the National En.
vironmental Policy Act of 1969 (PL
91.190).
The reasons for the decision not to
prepare a Statement are as fol-
lows; la) Overall effects of the pro.,
felts are beneficial (b) beneficial
edeCts are ong•term and the ad.
verse effects are short term and
envi r.nmenlaiiy insignifica ot,
being related primarily to activi-
ties necessary t0 construct the pro.
ject5; (c) since the prole[fs will OC-
Cur at the neighborhood level, the
short-term adverse effects will be
confined to imiled nL mbers of peo.
p)e; (3) h•stor:r and envirOnmen-
tally critical areas will not be at.
feCtad, {e) no v able alternatives
to the projects including the no.
action aliernat've, exist.
An Environmental Review Record
for the PrOiects has been made by
the CiEy which documentsdhe envy
ronmenta review of the prdiects
and more fully sets forth the rea•
507s why the Statement i5 not re.
quired. Th•s Record is on file at the
Municipal Building, 916 Texas Ave-
nue, and 5 available for public ex-
amination and Copying, upon re.
quest in ROOm 207 between the
hours of 8.00 a.m. antl 5:00 p, m.
No further environmental review
Of the project is Proposed to be con.
dueled prior 10 the request for re-
lease of federal funds.
Alt interested parties disagreeing
with this decision are invited 10
submit wr ten comments for Con.
stderaiiOn by the City of the Coms-
munity Developmenf Coorcinator,
PO. Box 2000, Lubbock. Tecas
79457, by 5 00 p-m,. September 10,
1979. All comments wail be Co.,,.
dered and the City will not request
the release of federal funds Cr take
any adm.nistrat ve action on the
project Pr Or 10 the date in the pre•
ced'ng sentence
D rk West. Mayor
P O Box 2000
Labbock, Tea as 79a57
I—
LI
F1
0
[I.
r
The Lubbock Rehabilitation and Redevelopment Strategy Plan is a guide
in determining the levels of public action appropriate in areas of
Lubbock to develop and maintain desirable neighborhoods. The 1980
Update indicates substantial changes in Arnett -Benson and Bean School
Neighborhood Strategy Areas, to include the neighborhoods of 19th
Street and 34th Street and east of University.
Motion was made by Councilman McAlister, seconded by Mayor Pro Tem
Henry to pass said resolution. Motion carried: Mayor West, Mayor
Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay.
79-38A489-873 Acceptance of construction and renovation work on Parkway Neighborhood
(28) Center and authorize final payment.
The work has been completed and inspected and is submitted for acceptance.
Motion was made by Councilman McAlister, seconded by Councilwoman Jordan
to accept the improvements at the Parkway Neighborhood Center and
to authorize final payment. Motion carried: Mayor West, Mayor Pro Tem
Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay.
79-381489-874 Recommendation of the Community Development Advisory Committee for
(29) allocation of Community Development Contingency funds.
*Publisher's
Affidavit on Appearances: Shelton Berry, Chairman, CDAC
Page 488 A. Robert Gibson, resident, Yellowhouse Canyon Addition
Two requests presented to the CDAC at their recent meeting were: (1) the
renovation and repair of the Mae Simmons Pool, (2) requests from the
residents of the Yellowhouse Canyon Addition for improved access to their
neighborhood, there currently being only one road in and out of this subdivision.
The pool has been in disrepair and was not open for this summer; there
is need to replace the mechanical equipment, i.e. filters, pumps, heaters,
etc., and leaks profusely; also the dressing room and shower areas need
renovating, as well as the deck area.
At the same meeting on August 4, the CDAC heard requests from residents
of the Yellowhouse Canyon Addition as follows:
1. Installation of a City -owned water distribution and sewer
disposal system;
2. An additional access routing into the addition;
3. Street construction at the intersection of Olive Avenue
and 50th Street to correct the difficult and hazardous
entrance onto 50th Street.
Mr. Berry made the recommendation that both items receive priority
attention and requests the Council's approval, as recommended.
Mr. Robert Gibson, a resident of the Yellowhouse Community Association,
reported that the water system, owned and operated by a Mr. Travis Martin,
functions on a hit and miss basis; that the subdivision frequently goes
for a period of 36 hours without water; this provides a health hazard
as well as a fire hazard; that they had filed formal complaint with
the PUG prior to annexation with little response from the PUC and very
little improvement taking place on the part of Mr. Martin. Mayor
West instructed City Staff to research what available remedies there
are for both the City and the residents of the subdivision with respect
to Mr. Martin and his faulty water system. This particular subject
will be discussed at the next Council Meeting on September 13.
The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman
Jordan to accept the recommendations of the CDAC with respect to
the Mae Simmons Swimming Pool and the proposed improvements in the
Yellowhouse Canyon Addition. Motion carried: Mayor West, Mayor Pro
Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay. _
79-38A4$9-875 Resolution No. 247 Reso. 1148 (7/22/82) amends
(30) Reso. 247 (8/23/79)
A resolution authorizing the Mayor to sign a contract with ATE
Management and Service Company Inc. for the mans ement of the
Transit system.
DGV:cl RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Management
Contract between the City of Lubbock and ATE Management and Service Company,
490
Inc., for the management of the Lubbock transit system, attached herewith
shall be spread upon the minutes of the Council and as spread upon the
minutes of this Council shall constitute and be a part of this Resolution
as if fully copied herein in detail.
Passed by the City Council this 23rd day of August ,1979.
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
s/ Eve1 Gaff a
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Asst. City Attorney
MANAGEMENT CONTRACT
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 23rd day of August
1979, by and between the CITY OF LUBBOCK, a Home Rule Municipal Corporation
of the State of Texas, hereinafter referred to as CITY, and ATE MANAGEMENT
AND SERVICE COMPANY, INC., a Delaware Corporation, hereinafter referred
to as ATE.
SECTION 1. EMPLOYMENT AND ACCEPTANCE.
CITY hereby engages ATE as an independent contractor to manage the
transit system now or hereafter owned by the CITY. ATE agrees to supply
such services.
SECTION II. DESIRED RESULT.
The desired result to be achieved by ATE is management of the transit
system under CITY policies and in such a way as will provide the quality
and quantity of service as is from time to time determined by the CITY.
It is understood that ATE will perform all obligations herein set forth
under the compensation and funding provided in this agreement. However,
ATE will not be required to perform beyond the presently contemplated
scope of this contract including any additional federal requirements
without compensation or funding for such additional services.
SECTION III. SCOPE OF SERVICES OF ATE.
For and in consideration of the compensation hereinafter specified,
ATE agrees to furnish all the management and supervision services reasonab]
required by CITY and necessary for the efficient and economical operation
of the public transportation system and facilities, under policies, standai
and procedures established by the CITY.
The management to be furnished includes, but shall not be limited
to, those related to transit planning, marketing, real estate management,
equipment and building utilization and maintenance, security, routes,
schedules, fares, service standards, purchasing, accounting, budgeting,
safety, insurance and claims, employee selection and training, employee
relations, labor negotiations, public relations, equipment selection,
grant applications, and all other managerial functions required in the
operation of a transit system.
SECTION IV. COMMENCEMENT AND TERM.
This contract will become effective on September 1, 1979, and continue
for a term of three (3) years from the effective date.
SECTION V. ATE PERSONNEL.
ATE will furnish a full-time General Manager at the expense of ATE.
The initial and subsequent appointment or removal of a General Manager
will be the responsibility of ATE, but will be with the approval of the
CITY. The CITY shall have the right to require ATE to remove a General
Manager at the CITY'S discretion. However, the CITY may prohibit ATE
from transferring or removing a General Manager only for good cause.
The General Manager shall provide the active management and direction
of the transit system for and on behalf of the CITY. The General Manager
shall reside in Lubbock. Management of the Lubbock Transit System shall
be his full time job.
SECTION VI. CONSULTING AND TECHNICAL ASSISTANCE.
ATE will further furnish consulting and technical assistance as
may be reasonably required upon its own initiative, and further as deemed
additionally necessary by the CITY to assist the General Manager in the
operation of the transit system. Such consulting and technical assistance
491
a
shall include, but will not be limited to the following areas:
a) General Operations
b) Safety -Employment -Training
c) Scheduling
d) Route Planning
e) Fare Structure, Zone Fares
f) Accounting and Office Management
g) Insurance and Claims
h) Equipment Maintenance
i) Garage and Shop Layout
j) Fare Box and Security
k) Sales Promotion, including Charter Sales
1) Stores and Purchasing
m) Public Relations, Employee Relations, Labor Negotiations, Govern-
ment Relations, including assistance in Federal grant applications
n) Planning consistent with UMTA and Texas DOT procedures
o) Selection of New Equipment
p) Marketing
SECTION VII. COMPENSATION AND EXPENSES
a) Management Fee:
,Period Amount
1st through 12th month $5,734 per month
13th through 24th month $6,134 per month
25th through 36th month $6,562 per month
b) •-.PAyment will be made by CITY to ATE on or before the 15th day of
each month for that month's management fee. In the event this
section of the agreement becomes effective during a calendar month,
the compensation due ATE will be prorated on a daily basis for the
balance of the month.
c) Expenses of ATE Non-resident Personnel:
CITY will pay travel and living expenses of non-resident ATE person-
nel while providing executive counseling or technical assistance
services away from their headquarters, as provided in Section VI,
above, as follows:
Travel
1) Actual coach (or first class, if coach in unavailable) air fare.
2) Automobile allowance at 17 cents per mile.
3) Airport parking fees.
4) Related ground transportation costs.
Living
A per diem allowance in lieu of subsistence of $35.00 per day to
cover lodging, meals and other personal expenses while away from
headquarters.
Non-resident ATE personnel will maintain records of their time and
expenses while providing executive counseling or technical assistance
for CITY, which records shall be presented at the time reimburse-
ment by CITY is requested.
SECTION VIII. EMPLOYEE DISHONESTY BOND.
ATE shall supply to CITY a corporate surety bond issued by an insurance
company licensed to do business in Texas to protect CITY against dishonesty or
fraudulent acts of employees of ATE in the amount of One Million ($1,000,000)
Dollars.
SECTION IX. SERVICES SUPPLIED BY CITY.
CITY agrees that the expense of all necessary office space, furniture,
equipment, supplies, materials and any other reasonable business expenses for
the conduct of its system will be considered part of the normal operational
expenses of the system which shall be paid by the CITY.
SECTION X. EMPLOYER STATUS.
ATE, subject to the laws of the State of Texas, will cause to be formed a
separate corporation to be named TRANSIT MANAGEMENT COMPANY OF LUBBOCK, herein
referred to as TMCL, which by assignment shall assume and perform all services,
obligations and accept all rights and duties which have been extended or
incurred by or to ATE under the terms and conditions of this agreement.
The costs of forming TMCL, as well as ongoing expenses of that corporation,
including, but not limited to filing fees, corporate taxes and attorney's fees,
shall be considered part of the normal operating costs of the transit system.
TMCL shall be the employer of all employees necessary for the operation of
the transit system. TMCL shall assume all existing contractual obligations
incidental to the transit operation to the extent that CITY has agreed to be
obligated.
SECTION XI. WORKING FUNDS.
ATE agrees to provide sufficient working funds to pay normal payroll and
operating expenses of the transit system prior to reimbursement from the CITY
each month. CITY agrees to carry at its expense bufficient parts inventory for
the buses leased for the Texas Tech University subsystem.
CITY agrees to pay ATE interest on amount utilized for the working fund.
That interest percentage shall be computed Quarterly beginning on the first
day of October, 1979, and shall be the prime rate charged by the Texas Commerce
Bank of Lubbock, Texas, less 2%.
CITY further agrees that in the event of termination of this agreement for
whatever reason, it will repay ATE within thirty (30) days the full amount of
working funds advanced by ATE, plus the accrued interest from date of last
interest payment through date of final repayment.
492
SECTION XII. REVENUE.
Revenue derived from the operation of any or all of the transit system,or
systems managed by ATE, whether from passengers or from other sources shall be
and remain from the initial receipt thereof, the absolute property of the CITY
and the treatment of such revenue, including the banking thereof, and the
accounting therefor, shall be as directed by the CITY.
ATE on behalf of the CITY shall receive, collect and deposit all of the
aforesaid revenue collected in its operations in the manner directed by the
CITY, and ATE shall keep and maintain the books and records reflecting the
operation of any or all of the transit systems in conformity with the require-
ments of the CITY and at the direction of the CITY shall render to the CITY
such full and complete monthly or other operating reports and financial sta e-
ments as shall be required by the CITY.
SECTION XIII. TITLE TO PROPERTY.
All real estate, buildings, equipment, buses, motor vehicles and all
materials and supplies reasonably necessary for the operation of the transit
system shall be furnished or leased by or on behalf of the CITY and shall
remain the property of the CITY. All property of any type, either real,
personal or mixed, hereinafter acquired reasonably necessary for performance of
the transit system operations shall be acquired or leased at CITY expense aAd
shall become the property of the CITY.
SECTION XIV. PURCHASE OF EQUIPMENT AND SUPPLIES.
ATE shall notify the CITY from time to time regarding the types and
amounts of materials, supplies and equipment, including buses, needed for use
in the operation or maintenance of any of the transportation systems managed by
it for the CITY. ATE shall make recommendations as to type, quantity and
amount of materials, supplies and equipment needed and such purchases shall be
made pursuant to CITY policy.
SECTION XV. AUDIT AND INSPECTION OF RECORDS.
ATE shall permit the authorized representatives of the CITY to inspect and
audit all data records of ATE relatingits
to performance under this agreem nt.
To the extent that Federal or State funds are involved, the right to inspection
and audit shall extend to authorized representatives of the United States
Department of Transportation, the Comptroller General of the United States and
the State of Texas.
SECTION XVI. BUDGETS AND PROJECTIONS: FARES AND SCHEDULES.
ATE agrees to prepare the necessary annual budgets and projections re-
quired by the CITY and agrees to furnish periodic reports and recommendation,
to the CITY relating to service extensions, route planning and service poli¢!ies
and either prepare or assist the CITY in preparation of its annual report o
operations. ATE agrees to assist in the setting up and management of the
"Operating Fund" as may be reasonably required and requested. CITY has aut -
ority to establish and determine routes and the scheduling of service for U
public transportation system and the authority to fix and alter fares and other
charges to be collected in connection with the operation of the transit system
and ATE agrees to make periodic recommendations as to the rates of fares
required and any deletions, additions, or changes in the service and routing of
the transportation system.
SECTION XVII. INDEPENDENT CONTRACTOR.
ATE is an independent contractor and retains the right to exercise full
control and supervision over its employees, their compensation and discharge,
and agrees to be solely responsible for all matters relating to payment of its
employees, including compliance with all applicable governmental rules and
regulations governing such matters. ATE agrees to be responsible for its owt
actions and those of its employees during the life of this agreement.
SECTION XVIIi. INSURANCE COVERAGE.
CITY shall obtain insurance coverage which will provide insurance pro-
tection against liability to third persons arising out of the permof
this agreement including protection against Liability to minors whorfileesuit
after obtaining legal age, naming TMCL as the insured and ATE, its agents,
servants and employees, the Board of Regents of Texas Tech University, and the
CITY as additional insureds. The minimum coverage shall be $100,000/300,000
excess coverage in the sum of $5,000,000. Such insurance coverage shall in-
ith
clude bodily injury, public liability, property damage, fire and windsto
vandalism and theft, excess coverage and legal liability insurance. rm,
CITY shall obtain Worker's Compensation Insurance in an amount no Less
than required by applicable Texas law covering the employees of TMCL, on whic'
insurance ATE, the Board of Regents of Texas Tech University and the CITY shah
be additional insureds.
CITY shall obtain insurance against claims based upon discrimination
and/or violation of civil rights by TMCL naming ATE, the Board of Regents of
Texas Tech University and the CITY as additional insureds. The minimum cover-
age shall be $500,000, with excess coverage in -the sum of $5,000,000.
The cost of repairing damage to vehicles not reimbursable by insurance
shall be charged as a part of the operating expense.
ATE shall be provided with suitable information regarding the issuance o�
any policy of insurance issued hereunder and if any such policy is can
during the term of this agreement ATE shall be written
notice of such cancellation prior to the effectiveedatenoflsuchacancellation.
I
The cost of all insurance described herein shall be an operating expense pay-�
able by the CITY,
493
SECTION XIX. WAIVER OF SUBROGATION.
The CITY warrants that it shall require an endorsement on any existing or
after acquired public liability, fire and/or casualty policy of insurance
providing a waiver of subrogation by the insurer as to ATE and TMCL. CITY
shall furnish a copy of such endorsements to ATE.
SECTION XX. ASSUMPTION OF DUTIES.
Upon expiration or termination of this agreement for any reason whatsoever
the CITY or its designate shall, immediately and automatically, become the
employer of all persons who were employees of the transit system immediately
prior to such expiration or termination; the CITY or its designate also shall
immediately and automatically assume responsibility for the payment and performance
of all outstanding obligations arising out of the employment relationship,
including, but not limited to wages, benefits, pension and profit sharing
plans, labor contracts and other contractual obligations, including contractual
obligations arising out of the operation of the system and hold ATE and TMCL
harmless from any and all liability, responsibility or cost arising out of such
obligations. Provided, however, that for purposes of this section, the general
manager shall not be considered an employee of the transit system.
SECTION XXI. PERSONAL LIABILITY.
No officer or director of the CITY or of ATE shall be personally liable
for the fulfillment of the conditions of this agreement.
SECTION XXII. DEFAULT.
In case of any default hereunder claimed to exist by either party, such
party shall give the other party prompt written notice of such default, setting
for the facts in reasonable detail, and in the event that the alledged defaulting
party has not remedied such default within thirty (30) days of notification (or in
case of defaults which require a longer period to remedy, has failed to com-
mence upon such remedy within said period and thereafter to diligently proceed
toward completion), the non -defaulting party shall have the right to terminate
this agreement for cause. This agreement also shall be terminable for cause at
the option of the other party if any party hereto is adjudicated a bankrupt, is
subjected to appointment of a receiver and fails to have such receiver removed
within sixty (60) days, has any of its property attached and fails to remove
such attachment within sixty (60) days, becomes insolvent or for a period of
sixty (60) days is unable to pay its debts as the same become due, upon sixty
(60) days notice.
SECTION XXIII. SECTION 13(c) AGREEMENT.
ATE does hereby agree to abide by any arrangements adopted by the CITY
pursuant to Section 13(c) of the Urban Mass Transportation Act of 1964, as
amended, in the performance of its obligations hereunder.
SECTION XXIV. INTEREST OF MEMBERS OF CONGRESS.
No member of or delegate to the Congress of the United States shall be
admitted to any share or part of this contract or to any benefit arising
therefrom.
SECTION XXV.. INTEREST OF PUBLIC OFFICIALS.
No member, officer or employee of any public body, during his tenure, or
for one year thereafter, shall have any interest, direct or indirect, in this
contract or the benefits thereof.
SECTION XXVI. NON-DISCRIMINATION.
In connection with the carrying out of this agreement, ATE and TMCL shall
not discriminate against any employee or applicant for employment because of
race, creed, color, sex or national origin. ATE and TMCL will take affirmative
action to insure that applicants are employed and that employees are treated
during employment without regard to their race, creed, color, sex or national
origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruitment advertising, layoff or
termination; rates of pay and other forms of compensation; and selecting or
training, including apprenticeships. The applicable
Executive Order 11375 relating to Equal Employment Provisions of Presidential
by reference herein. P yment Opportunity are incorporated
The parties hereto recognize that this is an independent contractor
relationship and that the CITY shall not have the right to impose its personnel
Policies on ATE or TMCL.
SECTION XXVII. SEVERABILITY AND INTENT.
Should any part of this agreement be declared to be unconstitutional,
invalid or beyond the authority of either party to enter into or carry out,
such decision will not affect the validity of the remainder of this agreement,
which will continue in full force and effect.
This agreement is not intended to be a third party beneficiary contract
and confers no rights on anyone other than the CITY and ATE.
SECTION XXVIII. ASSIGNMENT.
This agreement shall not be assigned, transferred, hypothecated or pledged
by ATE without prior written consent by the CITY.
SECTION XXIX. NOTICE.
Notice to ATE means notice in writing addressed to the President of ATE
and delivered to the office of ATE at Cincinnati, Ohio.
Notice to the CITY means notice in writing addressed to the Mayor of the
City of Lubbock and delivered to City Hall., Lubbock, Texas 79457.
SECTION XXX. GRANT CONTRACT COMPLIANCE.
ATE hereby acknowledges and agrees that it shall comply with all terms and
conditions of Urban Mass Transportation Administration grant contracts betty en
the United States and the City of Lubbock, the City of Lubbock's applicatio s,
assurances, and all other applicable laws and regulations which may apply i
carrying out the accomplishment of the programs.
ATE MANAGEMENT AND SERVICE CITY OF LUBBOCK:
COMPANY, INC.:
/s/ Phillip V. R /s/ Dirk West
PRESIDENT DIRK WEST, MAYOR
ATTEST:
/s/ D. M. Charlston
Secretary, Asst.
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ John L. Wilson
John L. Wilson, Transit Coordinator
APPROVED AS TO FORM:
s
Donald G. Vandiver
First Asst. City Attorney
The contract with ATE provides that the City will become owner of all
inventories, thus becoming independent of reliance on any one manage-
ment company; that buses will be leased from two separate sources until
they can be replaced with new vehicles; that all bookkeeping and other
accounting functions, such as purchasing, will be handled on site
affording greater contact and control by the City; that there will
be a change in the number of management personnel from two persons to
one general manager with greater assistance from the ATE Central Staff;
that the major change in amount of interest paid for working capital,
due to higher interest rates and the amount of interest paid, will be
based on the total operating expenses rather than expenses minus revenue,
and all revenues will be placed in a City -owned account; that there
will be a slight increase i insurance premiums of less than $300 due
to ATE's requirements of liability coverage; however, there will be
a reduction up to $15,000 in premiums paid due to a new corporation
being established with no prior experience; the Transit Management Company
of Lubbock (TMCL) would replace Lubbock Transit Corporation (LTC).
There are some one-time costs during the transition:
1. ATE contracts will commence September 16, 1979, providing
for a one -month period for all contracts, changes, etc.
An additional $4,900 is needed for the ATE management to
come to Lubbock during this transition period.
2. The purchase of all Grumann bus parts is estimated at $7,000.
3. Purchase of office furniture and equipment, plus some selected
shop equipment needed until the new equipment can be secured
through a capital grant, estimated amount being $1,500.
4. Purchase for bus parts for leased buses in the amount estimated
$3,500 and $5,000.
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry,
Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none
voting Nay.
79-38L494-876 Ordinance No. 7908
(31)
An ordinance to abandon and close a portion of 32nd Street East of Avenue A. I.
JWF;hw
ORDINANCE NO. 7908
AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREET: Ar
PORTION OF 32ND STREET IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS,
AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING
THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO
INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN STREET PROVIDING
A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
495
79-380495-877 Ordinance No. 7909
(32)
An ordinance to abandon and close a portion of 33rd Street between
Cedar and Elm Avenues, and the drainage easement portion of a drainage
and utility easement along 33rd Street between Globe and Elm Avenues.
JWF:cl ORDINANCE NO. 7909
AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREET:
33RD STREET LYING BETWEEN CEDAR AND ELM AVENUES; AND ALSO ABANDONING DRAINAGE
EASEMENT PORTION OF A DRAINAGE AND UTILITY EASEMENT IN THE CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS
ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF
LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN STREET AND
DRAINAGE EASEMENT, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
These ordinances are necessitated by replatting this area following
the purchase of additional land by Plains Cooperative Oil Mills. The
property owners must pay for removal of street stubs and agree to grant
an easement for a storm sewer inlet. The Mill has agreed not to erect
any permanent structur s on the remaining utility easement along 33rd
Street.
79-384-495-878 Ordinance No. 7910
(33)
An ordinance to abandon and close an underground utility easement
located in Ridgewood II Addition.
JWF:hw ORDINANCE NO. 7910
AN ORDINANCE ABANDONING AND CLOSING AN UNDERGROUND UTILITY EASEMENT LOCATED
IN RIDGEWOOD II ADDITION AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS
ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF
LUBBOCK TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION.
This area is being replatted and, as a consequence, the easement must
be removed.
79-38a495-879 Ordinance No. 7911
(34)
An ordinance abandoning and closing a transformer Pad easement located
in Lot 55, April Park Addition.
JWF'hw ORDINANCE NO. 7911
AN ORDINANCE ABANDONING AND CLOSING A TRANSFORMER PAD EASEMENT LOCATED
IN LOT 55, APRIL PARK ADDITION, AND MORE PARTICULARLY DESCRIBED HEREINAFTER
IN THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF
THE CITY TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION.
This is a routine item caused by the need to remove the transformer.
The motion was made by Councilwoman Jordan, seconded by Councilman
McAlister to pass Ordinance 7908, 7909, 7910, and 7911 on first reading.
Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan,
Councilmen Aderton and McAlister voting Yea; none voting Nay.
79-38JI495=880 Resolution No. 248
(35)
A resolution authorizing an Alley Use License for construction of a
guardrail in the alley behind Lot 177 Raintree Addition.
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Alley Use
License between the City of Lubbock and Ralph Quest, 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 23rd day of Au ust ,1979.
/s/ Dirk West
ATTEST:
DIRK WEST, MAYOR
APPROVED AS TO FORM:
/s/ J. Worth Fulli_ngim
Evelyn Gaffga, City Secretary -Treasurer J. Worth Fullingim, Asst. City Attorney
ALLEY USE LICENSE
THE STATE OF TEXAS
COUNTY OF LUBBOCK
This indenture made this 23rd day of August ._ 1979, betwe(
the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and Ralph
Quest, Lubbock County, Texas, hereinafter called "LICENSEE."
WINESSETH:
Subject to the terms, conditions and provisions herein, the CITY OF
LUBBOCK does hereby grant to the LICENSEE, the right, privilege and licensc
to use a portion of dedicated alley to construct and maintain a guard
rail to protect adjacent fence owned by Licensee, said portion of alley
being described as follows:
Metes and Bounds description of a portion of alley way situated
behind Lot 177, Raintree Addition to the City of Lubbock, Lubbock
County, Texas.
Beginning at a point which bears South 300 OZ' 10" West a dis-
tance of 1.5 feet from the most Westerly corner of Lot 177,
Raintree Addition to the City of Lubbock, Lubbock County, Texas;
Thence South 580 59' 50" East along a line parallel to and 1.5
feet Southwesterly from the Southwest side of Lot 177 a distance
of 65.36 feet;
Thence South 300 01' 10" West a distance of 1.0 feet;
Thence North 580 59' 50" West a distance of 65.36 feet;
Thence North 300 O1' 10" East a distance of 1.0 feet to the
place of beginning.
1. The terms of this grant shall be from year to year not to exceed
twenty (20) years without renewal by the City Council 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 8506 Louisville Drive,
Lubbock, Texas 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 TWENTY AND NO 100
ash in ad
contemporaneously with the acceptance and execution )hereof byLLARS cLICENSEEavance
3. The LICENSEE agrees to pay all costs arising out of the exercise
of this license herein granted, including but not limited to the replacement
and repairing of paving, sidewalks and utilities of any nature occasioned
by the construction as authorized by this license.
4. In the event the CITY OF LUBBOCK determines that the existence
of such use interferes with or causes the rerouting or realignment of
any public utility, franchised utility, or sanitary or storm sewer line
constructed or to be constructed by the CITY OF LUBBOCK or franchised
utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK, or such utility,
as the case may be, for its expense of such relocating or rerouting over
and above the expense which would have been incurred except for LICENSEE'S
use herein.
5. This license is not transferable by the LICENSEE without first
receiving the written consent of the City Manager of the CITY OF LUBBOCK.
6. This license is made subject to the condition that should the
LICENSEE exercise any right under the license herein granted and prepare
or begin or complete any part of the construction as herein contemplated
across any or all of the above set out property, then and in that event
said LICENSEE, his heirs and assigns, will at all times defend, indemnify
AUG 2
and otherwise hold the CITY OF LUBBOCK, its agents, servants, and employees
harmless from any and all claims, demands, actions, causes of action,
suits at law or in equity of whatsoever kind or nature which may grow
out of or be related to the making of this license or the construction
or maintenance and use permitted herein. The CITY OF LUBBOCK, at its
option, may require an agreement with any contractors hired by LICENSEE
to perform the construction, repair or maintenance permitted herein,
which agreement will indemnify the CITY OF LUBBOCK from and against all
claims, liability, cost and expense growing out of the performance of
the work to be done by such contractor. The CITY OF LUBBOCK may further
require such contractor, when engaged in the construction, repair or
maintenance permitted herein, to furnish, without expense to the CITY
OF LUBBOCK, a reliable surety bond, in an amount and in the form satisfactory
to the said CITY OF LUBBOCK, guaranteeing the faithful performance of
all the terms, covenants and conditions contained in said agreement and
a certified copy of a policy of public liability assumed by contractor
in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees
to give notice to LICENSEE prior to incurring any costs or expenses or
the payment of any such claims or demands in order to give LICENSEE a
reasonable opportunity to settle or adjust the same.
7. LICENSEE agrees and is required to furnish a policy of public
liability and property damage insurance, within limits specified by,
and in a form satisfactory to the City Attorney for the CITY OF LUBBOCK
and which names the CITY OF LUBBOCK as the insured, said policy covering
the uses herein granted.
8. All of the covenants and provisions of this license shall be
binding upon and inure to the benefit of the successors, legal representatives,
assigns and the duly authorized agents and contractors of the parties
hereto to'the same extent and effect as the same are binding upon and
inure to the benefit of the parties hereto, but no assignment hereof
by the LICENSEE, its successors and assigns, shall be binding upon the
CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance
except as specified in Paragraph Five (5).
9. LICENSEE, by the acceptance of the uses permitted herein, understands
and agrees that no interest, title or rights of possession are intended
or implied except those expressly set forth herein and LICENSEE waives
any and all claims in and to the public way it is permitted to use hereby
and agrees to give peaceful possession of said property covered herein
upon termination or cancellation of this license.
ATTEST:
/sJ Evelyn Gaff a
Evelyny Gaffga, City Secretary -Treasurer
CITY OF LUBBOCK
DY /s/ Dirk West
DIRK WEST, MAYOR
AGREED TO AND ACCEPTED this 29th day of Au ust
1979.
LICENSEE:
BY /s/ Ral h uest
APPROVED AS TO CONTENT: Ralph Quest
/s/ Tom Nivens for
Wilford Watson, City Engineer
APPROVED AS TO FORM:
/s/ J. Worth Fullin im
J. Worth Fullingim, Asst. City Attorney
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
r
BEFORE ME, the undersigned authority, a Notary Public in and fosaid
County, Texas on this day personally appeared DIRK WEST, 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 BAND AND SEA, OF OFFICE this 2�3rd- day of Au ust
1979.
/s/ Jackie Suter 4-13-81
Notary Public, Lubbock County, Texas
79-38"-498--881
(36)
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 Ralph Quest, 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. 11
1979.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 29th day of August
/s/ W. E. Grisham
Notary
Public, Lubbock County,
Mr. Ralph Quest is requesting permission to erect a guardrail to protect
his fence from automobiles backing into it from the opposite side of
the alley. Since this is not a commercial venture, the City Staff
recommended that the Alley Use License fee be reduced in this particular
case.
The motion was made by Councilwoman Jordan, seconded by Councilman McAlist
to pass said resolution, subject to the construction being approved by
the City Engineer, and reducing the Alley Use License fee to $1.00
annually for the 20-year period for a total of $20. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton
and McAlister voting Yea; none voting Nay.
Resolution No. 249
A resolution authorizing the Mayor to sign an affidavit regarding
im rovements constructed in the Yellowhouse Canyon Lakes for Land
and Water Conservation Fund Project No. 48-00146.
LGB:hw
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an affidavit
regarding improvements constructed in the Yellowhouse Canyon Lakes for Land
and Water Conservation Fund Project Number 48-00146, attached herewith whic'
shall be spread upon the minutes of the Council and as spread upon the minu
of this Council shall constitute and be a part of this Resolution as if ful
copied herein in detail.
Passed by the City Council this 23rd day of_ gust �1974",
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Lawrence Banks
Lawrence Banks, Community Facilities
APPROVED AS TO FORM:
/s/ Leon Bean
Leon Bean, Assistant City Attorney
THE STATE OF TEXAS
COUNT' OF LUBBOCK
BEFORE ME,
County, Texas,
/s/ Dirk West
DIRK WEST, MAYOR
AFFIDAVIT OF LOCAL UNIT OF GOVEKIKENT
a Notary Public in and for LUBBOCK
on this day personally appeared Dirk West
whose office or title is Mayor
499
AUG 231979
and who after having been by me duly sworn, upon his oath deposes and says;
That certain improvements were constructed and are completed in accordance
with the original and revised plans and specifications on file for Land
and Water Conservation Fund Project Number, 48-00146
That a contractor's affidavit has been obtained from the contractor stating
that all buildings, facilities or improvements have been fully completed, and
that all subcontractors, materialmen and labor contractors, furnishing material
and labor for the construction of buildings, facilities or improvements have
been fully paid and that there are no disputed or unpaid labor or material
claims against said buildings, facilities or improvements on the property
upon which said buildings, facilities or improvements are situated; and the
contractor has acknowledged the receipt of all sums of money due him under
his contract with the local unit of government.
That a true and correct copy of the Contractor's Affidavit to Local
Government Unit is attached hereto.
The local government agrees further that it will hold the State of Texas
harmless as to any claim or claims which may hereafter arise or be filed
against the local unit of government in regards to the above numbered project.
/s/ Dirk West
SWORN AND SUBSCRIBED BEFORE ME by the said Ma or Dirk West
on this 28th day of August , 19 79 .
Form Approved: /s/ Jackie Suter
Notary Public in and for
/s/ Leon Bean Lubbock
County, Texas
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, on this day personally appeared Mayor
Dirk West 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
stated therein.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 28th day of August
A.D., 1979
/s/ Jackie Suter
Notary Public in and for
Lubbock County, Texas
This affidavit is required as a part of a routine close-out procedure
for the Land and Water Conservation Fund, a portion of the Canyon Lakes
Project. The affidavit affirms that the improvements have been constructed
in accordance with the approved plans, and that all bills for materials
and labor have been paid.
The motion was made by Councilman McAlister, seconded by Mayor Pro Tem
Henry to pass said resolution. Motion carried: Mayor West, Mayor Pro
Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay.
79-384-499=882
(37)
A request of the Multi le Sclerosis Society to sponsor a "Marathon"
at Maxey Park on Se tember 29 and to charge entry -fee.
The Society has requested the use of Maxey Park on September 29 for
a fund raising marathon event, including a $3 entry fee and contributions
from
sponsors based on a per -mile bases. 40% of the proceeds would
go to the national organization; 60% would be used for local patient
services. The City Attorney has recommended that the Society secure
the
appropriate liablity insurance for this particular event, to which
their
national office has concurred.
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to approve the request of the Multiple Sclerosis Society. Motion carried:
Mayor West, Mayor Pro Tem
Henry, Councilwoman Jordan, Councilmen Aderton
and McAlister voting Yea; none
voting Nay.
It was again called to the Staff's attention the need for the Parks and
Recreation Board to develop a policy with respect to fund raising events
by various
organizations of which there have been numerous requests lately.
79-384499-883
Resolution No. 250
(38)
A resolution -requesting the City of Lubbock be desi nated as the management
a en for
cy wastewater collection and treatment.
500
JWF:cl
RESOLUTION
WHEREAS, the City of Lubbock has the authority to design, construct,
operate and maintain new and existing waste treatment works and related fa
to raise revenues and assess appropriate charges to assure that each
participating party pays its proportionate share of treatment costs;
to accept or refuse for treatment any wastes from any participating party;
to accept and utilize grants or other funds from any source for waste
treatment management purposes; and to carry out appropriate portions
of an areawide waste treatment or water quality management plan;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
THAT the City of Lubbock seeks designation as the management agency
for wastewater collection and treatment within the areas now served or
to be served by the City of Lubbock, in accordance with the requirements
of Section 208 of the Federal Water Pollution Control Act, as Amended.
Passed by the City Council this
23rdday of August ,1979.
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Wilford D. Watson
Wilford Watson, Water Engineer
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Asst. City Attorney
To meet the requirements of the Federal Water Pollution Control Act (Section;
201), the City needs to seek approval of the designation as management J
agency for wastewater collection and treatment. This requirement has 1
resulted from the construction of the two digesters at the Southeast
Water Reclamation Plant.
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry,
Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none
voting Nay. I;
79-38A500-884 Resolution No. 251
(39)
A resolution accepting water and sewer lines in Lots 1-D thru 33-D
Raintree Addition.
RESOLUTION
Resolution accepting water and sewer system improvements for Lots 1D
thru 33D, Raintree Addition.
WHEREAS, the developer of Lots 1D thru 33D, Raintree Addition have
compiled with the provisions of the City of Lubbock Code, Chapter 34, Article
2, by providing the water and sewer improvements for said addition in accord-
ance with paragraph 61 of said Chapter 34, and,
WHEREAS, the total utility cost to the developer is $4,730.71 with the
improvements constructed by Holloway Contracting Company having a value of
$4,039.15 as determined by the unit prices established by said Chapter 34, and
$691.56 cash (engineering, wet tie-ins, paving repair, difference in Pro Rati
and actual cost) paid to the City, by Tinker Corporation, the developer,
WHEREAS, the construction of the said water and sewer improvements was
performed under the supervision of the City Engineer and said improvements
have been completed in accordance with the City of Lubbock's plans and speci-
fications,
ties;
501
79-38� 501-885
(40)
u
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBB(
1. That the improvements be and the same are hereby accepted as
an integral part of the water and sewage system of the City
of Lubbock.
2. This resolution shall take effect and be in force from and after
its passage.
PASSED AND APPROVED THIS 23rd
Attested:
/s/_ Evelyn Gaffga
Evelyn Gaffga, City Secretary
Approved As To Content:
/s/ Wilford D. Watson
Wilford D. Watson, City Engineer
Approved As To Form:
/s/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
Resolution No. 252
DAY OF August , 197(
/s/ Dirk West
DIRK WEST, MAYOR
A resolution accepting water and sewer lines in Lots 1-A and 1-B
Time Square Addition.
RESOLUTION
Resolution accepting water and sewer improvements for Lots 1-A
through I-B, Times Square Addition.
WHEREAS, the developer of Lots 1-A through 1-B, Times Square Addition
have complied with the provisions of the City of Lubbock Code, Chapter
34, Article 2 by providing the water and sewer improvements for said
addition in accordance with paragraph 61 of said Chapter 34, and,
WHEREAS, the total utility cost to the developer is $29,541.61 with
the improvements constructed by Panhandle Construction Company having a
value of $9,633.55 as determined by the unit prices established by said
Chapter 34, and $19,908.06 cash (engineering, wet tie-ins, paving repair,
difference in Pro Rata and actual cost) paid to the City, by Target
Stores, the developer,
WHEREAS, the construction of the said water and sewer improvements
was performed under the supervision of the City Engineer and said improvements
have been completed in accordance with the City of Lubbock's plans and
specifications,
NOW THRERFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
1. That the improvement be and the same are hereby accepted as
an integral part of the water and sewage system of the City of
Lubbock.
2. This resolution shall take effect and be in force from and
after its passage.
PASSED AND APPROVED THIS 23rd DAY OF August 1979.
Attested:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary
Approved As To Form:
/s/ John C. Ross, Jr.
/s/ Dirk West
Dirk West, Mayor
Approved As To Content:
/s/ Wilford D. Watson
Wilford D. Watson, City Engineer
John C. Ross, Jr., City Attorney
502
i
79-384502-886 Resolution No. 253
(41)
A_resolution accepting -water and sewer lines for Lot 4, Elmore Addition.
RESOLUTION
Resolution accepting water and sewer system improvements for Lot 4,
Elmore Addition.
WHEREAS, the developer of Lot 4, Elmore Addition have complied with
the provisions of the City of Lubbock Code, Chapter 34, Article 2, by
providing the water and sewer improvements for said addition in accordance
with paragraph 61 of said Chapter 34, and,
WHEREAS, the total utility cost to the developer is $11,287.69 with
the improvements constructed by Holloway Contracting Company having a
value of $10,169.16 as determined by the unit prices established by said
Chapter 34, and $818.53 cash (engineering, wet tie-ins, paving repair,
difference in Pro Rata and actual cost) paid to the City, by Tusha Build
Inc., the developer. also $300.00 paid in Highway Crossing Permits.
WHEREAS, the construction of the said water and sewer improvements
was performed under the supervision of the City Engineer and said improve-
ments have been completed in accordance with the City of Lubbock's plans
and specifications.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
1. That the improvements be and the same are hereby accepted
an integral part of the water and sewage system of the City
of Lubbock.
2. This resolution shall take effect and be in force from and
after its passage.
PASSED AND APPROVED THIS 23rd DAY OF August , 1979.
Attested:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary
Approved As To Content:
/s/ Wilford D. Watson
Wilford D. Watson, City Engineer
Approved As To Form:
/s/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
79-380-502-887 Resolution No. 254
(42)
A resolution acceptin water and sewer
/s/ Dirk West
Dirk West, Mayor
lines for Tract B Lakeridge Addition
RESOLUTION
Resolution accepting water and sewer system improvements for Tract
B, Lakeridge Country Club Estates Addition.
WHEREAS, the developer of Tract B, Lakeridge Country Club Estates
Addition have complied with the provisions of the City of Lubbock Code,
Chapter 34, Article 2, by providing the water and sewer improvements for
said addition in accordance with paragraph 61 of said Chapter 34, and,
WHEREAS, the total utility cost to the developer is $5,073.37 with
the improvements constructed by Holloway Contracting Company having a
value of $4,696.20 as determined by the unit prices established by said
Chapter 34, and $377.17 cash (engineering, wet tie-ins, paving repair,
difference in Pro Rata and actual cost) paid to the City, with Lakeridge
Country Club Estates, the developer, a refund of deposit in the amount
of $5,958.87 and,
03
79-38i503-888
(43)
WHEREAS, the construction of the said water and sewer improvements
was performed under the supervision of the City Engineer and said improvements
have been completed in accordance with the City of Lubbock's plans and
specifications,
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
1. That the improvements be and the same are herby accepted as
an integral part of the water and sewage system of the City
of Lubbock.
2. That a refund of deposit be made in the amount of $5,958.87.
3. This resolution shall take effect and be in force from and
after its passage.
PASSED AND APPROVED THIS 23rd DAY OF August 1979.
/s/ Dirk West
Dirk West, Mayor
Attested:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary
Approved As To Content:
/s/ Wilford D. Watson
Wilford D. Watson, City Engineer
Approved As To Form:
/s/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to accept the above water and sewer improvements. Motion carried: Mayor
West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and
McAlister voting Yea; none voting Nay.
Resolution No. 255
A resolution authorizing the extension of agreement with Freese and Nichols
for water quality monitoring.
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
That the Mayor of the City of Lubbock is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an agreement
with such parties as necessary and requested by the United States
Interior Department and Texas Department of Water Resources concerning
monitoring of the Justiceburg site for the year September 1, 1979 through
August 31, 1980, attached herewith copy is incorporated by reference
herein as if fully copied herein in detail. The Cooperating and monitoring
is to be done by Geological Survey, Water Resources Division of said
Interior Department, and Freese and Nichols, Inc. is the representative
of the City in such matters.
PASSED BY CITY COUNCIL THIS 23rd DAY OF August 1979.
/s/ Dirk West
Dirk West, Mayor
Attest:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary
APPROVED AS TO CONTENT:
/s/ Sam Wahl
Sam Wahl, Director of Water Utilities
APPROVED AS TO FORM:
/s/ J. Worth Fullin im
J. Worth Fullingim, Assistant City Attorney
*NOTE: Cooperative Agreement filed with Original Resolution #255.
ffoggmffagl�
ese and Nichols have been handling the water quality monitoring done by
United States Department of the Interior at the Justiceburg Site.
cost involved is approximately $3,180 per year.
motion was made by Councilwoman Jordan, seconded by Councilman McAliste
pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry,
ncilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none
ing Nay.
olution No. 256
esolution authorizing the Mayor to execute a Release of Water Pro
-
a Lien to Lonnie E. Melton and wife.
RESOLUTION
WHEREAS, the Mechanics Lien for water pro rata against the property of
nie E. Melton and wife, Bitha P. Melton has been paid in full; NOW THEREFORE:
IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
directed to execute for and on behalf of the City of Lubbock a release
lien to Lonnie E. Melton and wife, Bitha P. Melton, attached herewith
ch shall be spread upon the minutes of the Council and as spread upon
minutes of this Council shall constitute and be a part of this Resolution
if fully copied herein in detail.
sed by the City Council this 23rd day of August ,1979.
/s/ Dirk West_
DIRK WEST, MAYOR
EST:
/s/ EvelM Gaff a
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver
First Assistant City Attorney
THE STATE OF TEXAS §
COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, on the 7th day of February A.D. 1978
Lonnie E. Melton and wife Bitha P. Melton
of the County of Lubbock State of Texas, did execute,
acknowledge and deliver to the City of Lubbock, Texas a certain
contractual agreement and lien upon and against certain real
property and improvements, if any, thereon for water Pro rata
described as follows, to -wit:
Lot 18, Block 7, Skyview Addition
Which said agreement and lien is of record in Volume 168 , on
page 847 of the Mechanics Lien Records of Lubbock County,
Texas, to which instrument reference is here made; and
WHEREAS, said debt, lien and obligations secured thereby have
been fully paid off and satisfied to the said City of Lubbock,
Texas, the legal and equitable holder and owner of such debt,
obligation and lien:
NOW THEREFORE:
In consideration of the premises, of the payment of such debt
and obligations, and other good and valuable cash consideration,
the receipt of which is hereby acknowledged, the City of Lubbock,
a Home Rule Municipal Corporation of Lubbock County, Texas, has
this day, and do by these presents, RELEASE, DISCHARGE, AND QUIT-
CLAIM unto the said Lonnie E. Melton and Wife Bitha P. Melton and
their Heirs (successors) and assigns, the contractual
lien hereto fore existing upon the above described premises under and
by virtue of the above described instrument, and declare such lien
fully release and cancelled.
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EXECUTED this
ATTEST:
23rd
/s/ Evelyn Gaffga
Evelyn Gaffga
City Secretary -Treasurer
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
day of AUGUST , 1979.
THE CITY OF LUBBOCK, TEXAS
BY: /s/ Dirk West
Dirk West, Mayor
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Assistant City Attorney
APPROVED:
/s/ Charles Northin ton
Charles Northington
Chief Accountant
BEFORE ME, the undersigned authority, a Notary Public in and
for Lubbock County, Texas, on this day personally appeared
Dirk West 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 23rdday of
August _. A.D., 1979
/s/ Jackie Suter 4-13-81
Notary Public, Lubbock County, Texas
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem
Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay.
79-38F505-890 Resolution No. 257
(45)
A resolution authorizing the Mayor to execute a Mutual Rescission
Agreement with Bruce -Lake Co.
DWR:hw
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock the Mutual
Rescission of a Contract for steel transmission poles between the City of
Lubbock and Bruce -Lake Company, 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 23rd day of Au ust ,1979.
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ David W. Reagan
David W. Reagan, Asst. City Attorney
/s/ Carroll McDonald
Carroll McDonald, Director of Electric
Utilities, Sales & Service
/s/ Alan Henry .
N HEN
MAYOR PRO TEM ALARY
i0
MUTUAL RESCISSION OF AGREEMENT
between
THE CITY OF LUBBOCK
and
BRUCE-LAKE COMPANY
THIS AGREEMENT entered into this 23rd day of August ,
1979, between the City of Lubbock, a Home Rule Municipal Corporation,
hereinafter called "CITY," and Bruce -Lake Company, hereinafter called
"BLC."
Whereas, on or about February 14, 1979, by purchase order number
GO8584, a contract was made by and between BLC and the CITY whereby steel
transmission poles and anchor bolt clusters would be delivered to the
CITY in return for payment of THREE HUNDRED SEVENTY-EIGHT THOUSAND FOUR
HUNDRED TWO AND 00/100 ($378,402) DOLLARS by the CITY to BLC.
Whereas, under and by the terms of the contract, delivery of the
anchor bolt clusters was to be made forty (40) days after approval of
shop drawings and delivery of the poles was to be made within one hundred
eighty (180) days after receipt of the purchase order of BLC.
Whereas, through the date hereof, BLC has delivered the anchor bolt
clusters and the CITY has paid SEVENTY-FIVE THOUSAND TWO HUNDRED SEVEN
AND 00/100 ($75,207) DOLLARS in respect thereto.
Whereas, BLC has not manufactured or shipped the poles and the CITY
has made no payment with respect thereto.
Now Therefore, the CITY and BLC do hereby mutually agree as follows:
I.
BLC and the CITY do rescind any and all unpreformed parts of the
above contract and do mutually remiss, release and discharge the other
party of and from any other or further liability, claims or demands of
every name or nature growing out of, concerning or effecting the said
contract.
II.
All rights and obligations of the parties in and under said contract
are hereby terminated.
It is the desire of both BLC and the CITY, and they do hereby mutually
agree, that the anchor bolt clusters received by the CITY from BLC and
the payment of SEVENTY-FIVE THOUSAND TWO HUNDRED SEVEN AND 00/100 ($75,207)
DOLLARS received by BLC from the CITY should be retained and kept by
the respective parties.
IN WITNESS WHEREOF, the CITY and BLC have executed this agreement
as of the first date above written.
CITY OF LUBBOCK
/s/ Alan Henry
MAYOR PRO TEM ALAN HENRY
ATTEST:
/s/ Evelyn Gaf£ a
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Carroll McDonald
Carroll McDonald
Director of Utility Sales & Service
APPROVED AS TO FORM:
/s/ David W. Reagan
David W. Reagan, Asst. City Attorney
BRUCE -LAKE COMPANY
Robert G. Lee, President
I
DEBTOR -IN -POSSESSION
ATTEST:
Gerald A. Long, Secretaz
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Mayor Pro Tem Henry presiding.
On February 14, 1979, the City entered into a contract with Bruce -Lake
Company to purchase steel transmission poles. The total price under
the contract was $378,402. Subsequently, Bruce -Lake has entered
into bankruptcy proceedings and cannot complete the contract and furnish
the steel transmission poles. Because of the bankruptcy proceedings,
it is necessary for the City and the contractor to enter into a
rescission contract in order that this item may be again be put out
for bid.
Motion was made by Councilman Aderton, seconded by Councilman McAlister
to pass said resolution. Motion carried: Mayor Pro Tem Henry, Council-
woman Jordan, Councilmen Aderton and McAlister voting Yea; none voting
Nay; Mayor West abstaining.
79-38i507-891 Resolution No. 258
(46)
A resolution authorizing the Mayor to execute a contract for the audit
of various grants.
DGV:cl
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Grant Audit
Agreement between the City of Lubbock and Mason, Nickels & Warner, Certified
Public Accountants, 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 23rd day of Au ust 1979.
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Sterling K. Miller
Sterling K. Miller, Director of Finance
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Asst. City Attorney
STATE OF TEXAS §
COUNTY OF LUBBOCK §
GRANT AUDIT AGREEMENT
THIS AGREEMENT made and entered into this 23rd day of Au ust
1979, between the City of Lubbock, Texas, hereinafter referred to as CITY, and
Mason, Nickels & Warner, Certified Public Accountants, of Lubbock, Texas,
hereinafter referred to as ACCOUNTANT.
WITNESSETH:
WHEREAS, the parties hereto did enter into an agreement on the 28th day
of August, 1975, wherein ACCOUNTANT did agree to perform certain audit ex-
aminations described in said agreement; and
WHEREAS, said agreement did not provide for ACCOUNTANT to perform audit
examinations of any item, account or matter not covered by said aforementioned
agreement; and
WHEREAS, the CITY is in need of ACCOUNTANT'S professional services to
perform certified audits on certain specified Federal and State Grants; and
WHEREAS, the aforementioned work required by CITY is outside the scope
of services to be provided by ACCOUNTANT under this agreement of August 28, 1975;
NOW THEREFORE, the CITY and ACCOUNTANT do hereby mutually agree as follows:
I.
SCOPE OF SERVICES
1. The ACCOUNTANT hereby agrees to perform certified audits on the fol-
lowing Federal or State Grant projects operated by CITY:
A. Library Grants under Contract Nos. 76a, 76c and 77 made by
the Texas State Library for the year ended August 31, 1979, which
audit shall be completed by February 1, 1980.
108
UG 2 2 197
i
B. Community Services Administration Grant No. 60160 for the yeat
ended September 30, 1979, which audit shall be completed by March
31, 1980.
C. Revenue Sharing Compliance Audit under Account No. 44-2152002
for the year ended September 30, 1979, which audit shall be compl ted
by March 31, 1980. 1
D. Transit Operational Assistance Grant, including the audit of
American Transit, Inc., and compliance with Section 15 of the
Urban Mass Transportation Administration Regulations under Grant
No. TX-05-4050 for the year ended September 30, 1979, which audit
shall be completed by January 31, 1980.
2. ACCOUNTANT shall commence all audits upon execution of this agreement
and shall supply each audit to the appropriate grantor agency by the specif ed
due date.
3. ACCOUNTANT further shall deliver 10 copies of each audit report toll
the CITY upon completion of said work and shall review audit reports and
management letters with appropriate CITY officials before filing them with he
grantor agencies.
II.
COMPENSATION
1. The CITY agrees to pay ACCOUNTANT for services rendered under this
agreement according to the following schedule:
Executive $35.00 per hour
Supervisor $22.00 per hour
Senior Accountant $16.00 per hour
Junior Accountant $13.00 per hour
Clerical $8.00 per hour
2. It is further agreed, however, that the maximum cost to the CITY € r
audit services rendered shall be as follows:
A. Library Grants $2,500.00
B. Community Service Grant $2,500.00
C. Revenue Sharing Audit $2,500.00
D. Transit Operational Grant $6,500.00 plus out-of-pocket expens I ps
and under no circumstances shall the hourly charges heretofore set forth ex eed
the maximum amount specified herein for each audit, except in regard to the
Transit Operation Grant for which out-of-pocket expenses will be allowed to
the extent that such expenses were incurred on behalf of the CITY.
III.
METHOD OF PAYMENT '
The ACCOUNTANT may submit progress billing at selected intervals based
on work performed. The CITY may withhold ten percent of each such billing
until final completion of the work at which time ACCOUNTANT shall submit a
detailed billing to CITY showing the hours expended by ACCOUNTANT on each audit
performed together with a request for final payment.
IV.
COOPERATION OF CITY
The CITY agrees to make available to ACCOUNTANT at the expense of the CITY
the printing facilities of the CITY for use by ACCOUNTANT in preparing
reports contemplated herein. The CITY also will cooperate with ACCOUNTANT
in making its records and personnel available to ACCOUNTANT for the purpose
of his work under this agreement.
V.
GUIDELINES
ACCOUNTANT agrees to conduct the audits which are the subject of
this agreement in accordance with all applicable Federal or State guideline
or audit procedures.
VI.
TERMINATION i
This agreement shall terminate upon delivery of the audit reports
as required by Section 1, paragraphs 2 and 3, of this agreement.
MASON, NICKELS & WARNER:
/s/ Larry Anderson
PARTNER
ATTEST:
secretary
CITY OF LUBBOCK:
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Eye ra
Evelyn Gaffga, I�
City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Sterling K. Miller
Sterling K. Miller,
Director of Finance
APPROVED AS TO FORM:
/s/ Donald G. Vandiver _
Donald G. Vandiver,
First Asst. City Attorney
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79-380509-892
(47)
79-38A509-893
(48)
79-38�-509-894
(49)
79-38 -509-895
(50)
79-384-509-896
(51)
79-3dL509-897
(52)
79-38#-509-898
(53)
79-388509-899
(54)
79-38'509-900
(55)
79-380-509-901
(56)
79-384-509 -902
(57)
r
79-30-509-903
(58)
r
The outside auditors have submitted a contract proposal for the auditing
of the following grants:
1. Library Grants
2. Community Services Grant
3. Revenue Sharing Audit
4. Transit Operational Grants
$2,500
2,500
2,500
6,500 + out-of-pocket expenses
The motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem
Henry to pass said resolution. Motion carried: Mayor West, Mayor Pro
Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay.
Consider amending pro rata ordinances.
Consider amending the subdivision re ulations.
These items were tabled to allow for appropriate research and discussion
in Work Session prior to further consideration.
Bid No. 5442 for automatic S rinkler S stems (Pioneer, Buster Lon
and Chapman Parks) Revenue Sharing and Community Development Funds).
Low Bidder Panhandle Contruction, Lubbock
Bid No. 5445 for precast concrete vault (Water Treatment Plant - Airport)
(Community Development Funds),
Low Bidder
Utility Vault Company,
Chandler, Arizona
Bid No. 5432 for relay switches (warehouse stock).
Low Bidder
Westinghouse Electric Supply Co.,
Lubbock
Bid No. 5443 for floor covering (Tax office).
Low Bidder
Highland Interiors, Lubbock
Motion was made by Councilwoman Jordan, seconded by Councilman Aderton
to approve the above referenced bids. Motion carried: Mayor West,
Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and
McAlister voting Yea; none voting Nay.
Consider Bid No. 5430 for construction of roads and well stands and
authorize same.
Consider Bid No. 5433 for pump station and reservoir and authorize
same.
Consider Bid No. 5434 for main collector line and well supply line and
authorize same.
Consider Bid No. 5435 for drilling and developing ten water wells
and authorize same.
Consider ap2ropriation ordinances from Water Ca Capital Im rovement Fund
above.
with respect to Bids No. 5430 No. 5433 No. 5434 and No. 5435 referenced
In Work Session prior to the beginning of the Regular Session, it was
recommended by the City Manager that these bids be discussed, but upon
the advise of the City Attorney, they not be approved or awarded until
the funds from the recent sale of the General Obligation Bonds, 1979
Series are received. BY CONSENSUS: A Special Meeting will be held on
August 30, 1979 at 8:30 a.m. for the purpose of considering the above
items.
Consider five aointments to the LUBBOCK CIVIC CENTERS BOARD. The
terms of Al Couch Allen Rosen Matt Malouf9 Dub Malaise and Kenneth
F. Horne expired August 1, 1979.
Al Couch, reappointed for a three-year term
8/23/79 - 8/1/82
4414 - 14th, 799-5811
Kenneth F. Horne, appointed for a three-year term, CONTINGENT
UPON HIS MOVING INTO THE CITY OF LUBBOCK
8/23/79 - 8/1/82
Res phone: 792-0650
k_0
79-38A510-904
(59)
79-38`�510-905
(60)
79-4-510-906
(61)
Ronald Key
President, Key Auto Shop
Term: 3 years - 8/23/79 - 8/l/82
Res: 1714 - 33rd (765-6106)
Bus: 1.613 Avenue H (765-5551)
Dr. John A. Anderson
Executive Director, Food and Fiber National Institute
Term: 3 years - 8/23/79 - 8/1/82
Res: 5017 - 15th (795-4077)
Bus: P.O. Box 10436 (747-1649)
Bob Nash
KMCC-TV
Term: 3 years - 8/23/79 - 8/1/82
Res: 3509 - 44th (795-0055)
Bus: P.O. Box 2085 (745-2828)
Motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Jordan
to approve the above referenced appointments. Motion carried: Mayor
West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and
McAlister voting Yea; none voting Nay.
Consider one appointment to 1
to fill the unexpired
Rev. Aldave's term ex
PUBLIC TRANSIT ADVISORY
of Rey._E. C. Aldape, who has resi
res 6124/80.
This item was tabled and will be considered at the September 13, 1979
Regular City Council Meeting.
Consider one a2pointment to the URBAN DESIGN AND HISTORICAL PRESERVATION
COMMISSION to fill the unex ired term of Mrs. Carolyn Lanier, said
term ex irin 9/14/79. The cate or is: Sociology and Anthropology
(Ord. 7723).
This item was tabled and will be considered at the September 13, 1979
Regular City Council Meeting.
Consider one appointment to the URBAN RENEWAL AGENCY. Mrs. Anita Bass,
Appointed on August 9 1979 to fill the unex ired term of Eleanor Malouf,
has declined the appointment due to other commitments.
Matt Malouf
to fill the unexpired term of Eleanor Malouf, said term
expiring 11/26/79
Res: 3028 - 68 (797-3910)
Bus: 1207 - 13th (Malouf's for Men) - 763-4696
Motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Jordan
to approve the above referenced appointment. Motion carried: Mayor
West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and
McAlister voting Yea; none voting Nay.
The Council recessed for discussion of Work Session items, to be followed
by Executive Session.
The motion was made by Councilman Aderton, seconded by Councilman McAlister
to adjourn at 5:15 p.m. Motion carried: Mayor West, Mayor Pro Tem Henry,
Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none
voting Nay.
.ice]►I momm"IF.'s L I�
ATTEST:
C Y SECRE Y- S
READ AND APPROVED THIS THE 13th DAY OF
ATTEST:
September , 1979.
CITY SEC —T