HomeMy WebLinkAboutMinutes - City Council - Regular - 9/13/19795i7
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79-384517-912
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79-38P-517-913
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79-38'9517-914
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79-384517-915
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REGULAR CITY COUNCIL MEETING
SEPTEMBER 13,
The City Council of the City of Lubbock, Texas, met for its regular
meeting on Thursday, September 13, 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
The invocation was given by Councilman Bill McAlister.
The Pledge of Allegiance to the Flag was given in unison by those present
in the Council Chambers.
Approval of Minutes:
Special Meeting, August 21, 1979
Regular Meeting, August 23, 1979
Special Meeting, August 30, 1979
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to approve the minutes of the referenced meetings. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen
Aderton and McAlister voting Yea; none voting Nay.
Citizen Appearances
Board Appointments
Ronald Key Lubbock Civic Centers Board
Matt Malouf Urban Renewal Agency
Proclamations
"NATIONAL GRANDPARENTS DAY" - September 10, 1979
Receiving: Dean Redus
nerman jonnson
Mary Strickel
"CONSTITUTION WEEK" - September 16-22, 1979
Receiving: Mrs. Cl de Rod ers
Mrs. G. M. Wallace
Airman of the Month
Airman Michael M. Bell - Month of August
Lt. Col. Tom Richardson - New Squadron Commander for OMS
At 9:43 a.m., Mayor West announced that an Executive Session would be
held for the purpose of considering matters of land acquisition and
personnel. This Session was announced in accordance with Sec. 2-f,
Art. 6252-17, V.A.T.S.
79-38'i517-916 Re resentative of Ryder Truck Rental Inc. to appear with res ect to
( 5) a closure of alley on 29th and 30th Streets, -between C & D Block 4
Uslemans Addition.
Mr. Lane Johnson, on behalf of Ryder Truck Rental, appeared to request
the closure of the alley between 29th and 30th Streets, said alley
dissecting the Company's property. Mr. Johnson indicated he came to
discuss what options were available to the Company; that he had conferred
with the Right -of -Way Department as to what options were available, which were:
1. Inasmuch as all of the utilities are located in the alley,
relocating all of the utility lines should be considered;
2. To lease the alley leaving the utility lines intact;
518
E P 1 3 1979
3. To close the alley as requested making access to the alley
available to all of the utility companies for service and
maintenance, as well as for emergency purposes. This would
require distributing keys to the locked gates which they
would like to install at each end of the alley.
The discussion which followed reflected reservations about granting
the request for the reasons of liability to the City, both civil and
criminal in nature, to which Mr. Johnson responded that Ryder would be
willing to assume all liabilities. There were reservations about
utility companies having easy access to the their lines for service
and maintenance and great reservation about the utility companies having
access to their lines in the event of an emergency, particularly during
after hour periods, to which Mr. Johnson replied they would have easy
access to the alley during the hours the Company was open which is from
4:00 a.m. to midnight, and it is anticipated they will expand to a
24-hour operation in the very near future, and in the alternative, they
would be permitted to cut the locks on the gates or they would be
permitted to gain entrance by forceable means if necessary. In response
to queries as to whether or not Ryder had conferred with and/or negotiated
with the respective utility companies working out a contractual arrangement
over the situation, Mr. Johnson replied they had not conferred directly
with the utility companies, only through the Right -of -Way Department
personnel.
Following all discussion, the motion was made by Mayor Pro Tem Henry,
seconded by Councilman McAlister to deny the request at this time, with
the understanding that if Ryder Truck Rental, Inc. is able to work
out written agreements with all utility companies, the City Council will
then reconsider the matter. Motion carried: Mayor West, Mayor Pro Tem
Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay.
79-38r 518-917 Mr. Luther Dean, P
(5a) Local 972. will aD
79-38"-518-918
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79-3d' 518-919
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79-38A518-920
( 8)
)ear to discus
This item was deleted.
a A. iI LCLb
collective bargaining for the firefighter
Ordinance No. 7901 - Zone Case No. 2244
Request of Mrs. Sidney Kathman (for Lubbock Women's Club Inc.) to change
Lots 15 16 and 17 Overton Addition City of Lubbock Lubbock Count
Texas from C-2 to C-2 DH} Zonin District located at 2020 Broadwav).
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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.
Ordinance No. 7904 - Zone Case No. 2118-B
xe uest of Larry Teaver for Lakerid a Country Club) to chan e a tract of land out of Section 15 Block E-2 CitV of Lubbock
$9Lubbock County.
Texas to amend the site tan (located West of Vicksbur Avenue and
300' to 562' South of th Street).
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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. I
Ordinance No. 7905 - Zone Case No. 1139-A
Request of Robert Messersmith and Jeff Whi
^---�-
- -
wCLIL LLa.) to change Lot 1 A e2-
Lubbock Count Texas from C-2A to C-2 Z
5015 University Avenue).
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r (for Universi
Addition City
uisrric
t Park
of Lubbock
ted at
ORDINANCE NO. 7905
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.
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79-38'i519-921 Ordinance No. 7906 - Zone Case No. 2247
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79-38#-519-922
(11)
79-38n519-923
(12a)
79-38'Q519-924
(12b)
r%
Request of R. J. O'Hair for a Specific 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).
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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; PRO-
VIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Ordinance No. 7374-A
Correction ordinance amending Ordinance No. 7374 (Zone Case No. 2104)
to reflect Lots 270 through 275 Woodland Addition was changed from
R-1 to R-2 and Tract D Woodland Addition was changed from R-1 to C-2
zoning districts.
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ORDINANCE NO. 7374-A
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.
Ordinance No. 7911
An ordinance abandoning and closing a transformer 2ad easement located
in Lot 55, April Park Addition.
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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.
Resolution No. 263
A resolution authorizing the Mayor to execute a Quit Claim Deed to Roy
Middleton.
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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 Quit Claim
Deed in favor of Roy Middleton, 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 13th day of Se tember 1979.
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaff a
Evelyn Gaffga, City Secretary -Treasurer
w II APPROVED AS TO FORM:
/s J. Worth Fullin im
J. Worth Fullingim, Asst. City Attorney
/s/ Tom Nivens
Tom Nivens, Right -of -Way Agent
3�o
=P 1 ` 1979
QUITCLAIM DEED
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of
Lubbock, State of Texas, for and in consideration of the sum of ONE AND
NO/100 ($1.00) DOLLARS and other good and valuable consideration to it
in hand paid by ROY MIDDLETON, hereinafter called "GRANTEE," the receipt
of which is hereby acknowledged, does hereby by these presents ABANDON,
DISCLAIM, RELEASE AND FOREVER QUIT CLAIM unto the said GRANTEE, all its
right title and interest in and to that certain tract or parcel of land
lying and being situated in the County of Lubbock, State of Texas, described
as follows, to wit:
A Transformer Pad Easement in Lot 55, April Park Addition to the City
of Lubbock, Lubbock County, Texas, being more particularly described
as follows:
BEGINNING at a point in the South line of Lot 55, April Park
Addition, said point being 14.4 feet West of the Southeast
corner of said Lot 55;
THENCE North a distance of 6.00 feet;
THENCE East a distance of 4.00 feet;
THENCE South a distance of 6.00 feet;
THENCE West a distance of 4.00 feet to the POINT OF BEGINNING.
TO HAVE AND TO HOLD the same premises together with all and singular
the rights, privileges and appurtenances thereto in any manner belonging
unto the said GRANTEE, its successors and assigns forever, so that neither
the GRANTOR, City of Lubbock, its successors or assigns, nor any persons
claiming under it shall at any time hereinafter, have, claim or demand
any right to the title to the aforesaid premises or appurtenances or any
part thereof.
1979. WITNESS MY HAND AT LUBBOCK, TEXAS this 13th day of September
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Tom Nivens
Tom Nivens, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ J. Worth Fullin im
J. Worth Fullingim, Asst. City Attorney
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
/s/ Dirk West
DIRK WEST, MAYOR
BEFORE ME, the undersigned authority, a Notary Public in and for said
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 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.
1979. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 17th day of Se tember
/s/ Jackie Suter
Texas
Notary Public, Lubbock County,
4-13-81
79-30-520-925 Ordinance No. 7912
(13)
An apprDpriation ordinance from Water Ca ital
construction of roads and well stands (Bid #5
t Fund for
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79-38)521-926
(14)
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FORM L-2 ORDINANCE NO. 7912
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is neces-
sary to appropriate certain specific funds for an approved project;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described
fund, to -wit: Water Capital Improvement
The sum $185,190.89
for the following purpose:
Contract (Roads and Well Stands - WWO 11534) $174,708.39
6% Engineering 10,482.50
$185,190.89
AND IT IS SO ORDERED
Passed by the Council on first reading this 30th day of____ August ,1979.
Passed by the Council on second reading this 13th day of September , 1979.
ATTEST:
/s/ Evelyn Gaff a
CITY SECRETARY-TREAS.
/s/ Dirk West
MAYOR
VERIFIED BY: /s/ J. Blagg ..
FINANCE OFFICER
APPROVED BY: /s/ Samuel Wahl
HEAD OF DEPT. DEPT.
*NOTE: Documents filed with original Ordinance No. 7912, entitled: CITY OF LUBBOCK,
TEXAS SPECIFICATIONS AND CONTRACT DOCUMENTS FOR CONSTRUCTION OF ROADS AND
WELL STANDS IN THE SANDHILLS WELL FIELD.
Ordinance No. 7913
An appropriation ordinance from Water Capital
station and reservoir
t Fund for
FORM L-2 ORDINANCE NO. 7913
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is neces-
sary to appropriate certain specific funds for an approved project;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described
fund, to wit: Water Capital Improvement
The sum $1,818,977.01
For the following purpose:
Contract (Pump Station and Reservoir - WWO 11536) $1,793,000.00
Water Pro -Rasa 4,828.30
Sanitation Sewer Pro-Rata 3,917.30
Street - Paving 17 231.41
$1,818,977.01
5�2
EP ' 1979
AND IT IS SO ORDERED
Passed by the Council on first reading this 30th day of August ,
1979.
Passed by the Council on second reading this 13th
1979.
ATTEST:
/s/ Evelyn Ga_ffga
CITY SECRETARY-TREAS.
sI D
day of September ^,
MAYOR
VERIFIED BY:s/J. Blagg
FINANCE OFFICER
APPROVED BY:/s/ Samuel Wahl
HEAD OF DEPT. DEPT
79-38L-522-927 Ordinance No. 7914
(15)
Ana ro riation ordinance from Water Capital Im rovement Fund for
main collector line and well s�upply line (Bid #5434).
FORM L-2 ORDINANCE NO. 7914
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is neces-
sary to appropriate certain specific funds for an approved project:
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described
fund, to wit: Water Capital Improvement
The sum $3,179,875.92
For the following Purpose:
Contract (Main Collector Line-WWO 11532
6% Engineering
AND IT IS SO ORDERED
$2,999,882.95
_ 179,992.97
$3,179,875.92
Passed by the Council on first reading this 30th day of August
1979. --
Passed by the Council on second reading this 13th day of
1979.
ATTEST:
/s/ Dirk West
MAYOR
/s_/_ Evelyn Gaffga
CITY SECRETARY-Treas.
VERIFIED BY: /s/ J. Blagg
FINANCE OFFICER
APPROVED BY: /s/ Samuel Wahl
HEAD OF DEPT. DEPT.
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79-39-523-928
(16)
79-381523-929
(10)
Ordinance No. 7915
An_ap2r02riation ordinance from Water Capital Improvement Fund for
drilling and developing ten wells Bid #5435).
FORM L-2 ORDINANCE NO. 7915
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is neces-
sary to appropriate certain specific funds for an approved project:
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described
fund, to wit: Water Capital Improvement
The sum $146,031.00
For the following Purpose:
Contract (Drilling and developing 10 wells - WWO 11535)
6% Engineering
Fuel Costs for Test Pumping
AND IT IS SO ORDERED
$136,350.00
8,181.00
1,500.00
$146,031.00
Passed by the Council on first reading this 30th day of August , 1979.
Passed by the Council on second reading this 13th day of September �, 1979.
ATTEST:
/s/ Dirk West
MAYOR
/s/ Evelyn Gaffga _
CITY SECRETARY-Treas.
VERIFIED BY: /s/ J. Blagg
FINANCE OFFICER
APPROVED BY: /s/ Samuel Wahl
HEAD OF DEPT. DEPT.
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass Ordinances No. 7901, 7904, 7905, 7906, 7374-A, 79112 7912, 7913,
7914, and 7915 on second and final reading, and to pass Resolution No.
263. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman
Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay.
Ordinance No. 7907 - Zone Case No. 1660-D
Appeal of Sonny Arnold (for Plains National Bank). to change Lot 2,
Agee -Pharr Addition City of Lubbock Lubbock County,Texas from
R-1 to A-1 Zoning Districts (located at 2402 -- 52nd Street) as amended.
During Work Session at 9:00 a.m. preceding the Regular City Council Meeting,
it was called to the Council's attention that Proponent had requested this
matter be delayed for second reading until September 27, 1979, to allow
him to meet with the opponents in the neighborhood with respect to his
site plan and construction plans.
79--384523-930 A public hearing to consider proposed uses of Federal Revenue
(17) and adopt Revenue Sharing budget. (Resolution No. 264)
In accordance with Notice published in all the local newspapers, a public
hearing was held at 10:00 a.m. on the above matter.
The total amount allocated for Entitlement Period XI is $2,704,795, which
is $26,880 less than anticipated resulting in the reduction of three projects
from the Entitlement Period XI. At the August 23, 1979 meeting, the City
Council directed the staff to adjust the Proposed Revenue Sharing Budget to
include funds for new park development in accordance with the Parks and
Recreation Department priority list, i.e. N. B. McCullough and Jan Jennings
Parks. Additionally, $207,721 is included for the implementation of the Traffic
Study recommendations.
5W
EP 1 3 1979
The proposed budget for Entitlement Period XI is as follows:
REVENUE
Unallocated Funds
Entitlement XI Funds
PROPOSED EXPENDITURES
Administrative Services
Communications
Garage
Radio
Community Facilities
Cemetery
Civic Center
Library
Parks & Recreation
Finance
Financial Administration
Accounting & Reporting
General Government
City Council
City Secretary
General Multipurpose
Rape Crisis Center
Management Information Systems
Data Processing
Personnel
Planning
Traffic Engineering
Public Safety
Fire
Police
Public Services
Animal Shelter
Engineering
Sanitation
Streets
Tax
Water Utilities
Water Distribution
Water Production
Sanitary Sewer
$ 292,237.00
$2,704,795.00
$2,997,032.00
$2,997,032.00
$ 3,000.00
120,000.00
5,975.00
120,000.00
40,000.00
231,475.00
518,943.00
15,000.00
3,200.00
8,000.00
30,905.00
16,298.00
4,617.00
62,510.00
20,000.00
460,721.00
130,300.00
28,000.00
2,000.00
340,000.00
167,000.00
203,000.00
15,000.00
96,180.00
210,708.00
144,200.00
Appearance: Walter Arends, Executive Director, Lubbock Chapter,
American Red Cross
Mr. Arends appeared to request consideration of the American Red Cross to
be included in the Revenue Sharing allocation to the sum of $53,425 for the
purpose of emergency equipment acquisition to be used primarily in
disaster situations, i.e. mass feedings, first aid, and immediate assistance
in one -family fire situations or similar tragedies. Mr. Ross, City
Attorney, responded that it is unconstitutional for the City to enter
into third party lending agreements or utilization of monies assigned
to the City under which the Revenue Sharing Funds are a part; that
the City could enter into a contractual agreement for services to be
performed on behalf of the City; that probably the inference is that the
City would need to be the owners of the emergency equipment, but this
would need further research.
Councilwoman Jordan queried that she never recalled outside agencies
making a request for participation in Revenue Sharing Funds with the
exception of the Rape Crisis Center when it was newly formed, to which
Mr. Arends replied that most outside agencies probably are not aware
of the federal guidelines which provide this opportunity to outside
agencies. In response to Mr. Ross' statement, he indicated the Red
Cross would be willing to enter into an agreement with the City. He
further said that they are funded by the United Way for operational
purposes, but not for the acquisition of emergency equipment.
Appearance: Reuben Carow
Mr. Carow appeared to request that funds be allocated for an improved
water system in the Yellowhouse Canyon Addition and additional funds
for a sewer system as well.
)tis]
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City Manager Larry Cunningham responded that they had made inquiries
through the PUC about the water situation in Yellowhouse Canyon Addition,
and there are specific procedures the Council must follow to remedy
the situation, the first being that a public hearing be held whereby
the residents in the Addition may appear to file their complaints against
the private owner of the present water system; additionally, the owner
of the water system must be invited to be present to not only hear the
complaints, but be allowed to respond to them. Following the public
hearing, at a subsequent meeting, the Council can then make the determination
whether or not intervention into the matter is appropriate. Mr. Cunningham
indicated this matter would be discussed further in the Work Session
which would follow.
Appearance: Dan Pender, 3206 - 90th
Mr. Pender appeared before the Council on August 9 with letters containing
over 100 signatures from residents in the area requesting development
of the N. B. McCullough Park which has been dedicated in this residential
area. Mayor West responded that there was considerable funding in the
current budget for park development, i.e. installation of water systems,
etc. which would help improve the situation.
There being no further appearances or discussion, the hearing was closed.
With the exception of the request from the American Red Cross, there was
no issue to be resolved. It was the feeling of the Council not to appropriate
funds for the request of the Red Cross at this time, mention being made
that the City was currently working with them in a contractual arrangement
in their new location at Fire Station No. 3, and their work was certainly
meritorious, for which they should be commended.
RESOLUTION
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A STATEMENT OF ASSURANCES
FOR ENTITLEMENT PERIOD ELEVEN (OCTOBER 1, 1979, THROUGH SEPTEMBER 1, 1980)
OF THE GENERAL REVENUE SHARING PROGRAM.
WHEREAS, the City of Lubbock is required by law to file a statement of
assurances for each Entitlement Period of the General Revenue Sharing Program
in order to receive payments under the State and Local Fiscal Assistance Act of
1972 as amended; and
WHEREAS, the City of Lubbock wishes to continue its eligibility for and
participation in the General Revenue Sharing Program; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE is hereby authorized and directed
to execute for and on behalf of the City of Lubbock a Statement of Assurances
for Entitlement Period Eleven (October 1, 1979 through September 30, 1980) of
the General Revenue Sharing Program, 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 thisl3th day of Se tember , 1979.
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
Isl Evelyn Gaf£ a
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Vicki Foster
Vicki Foster, Community Development Coordinator
APPROVED AS TO FORM:
rpm { /s/ W. M. McKamie
W. M. McKamie, Assistant City Attorney
�s
E P 1 ` 1979
FEDERAL REVENGE SHARING
original copy - send to office of reven
ENTITLEMENT PERIOD ELEVEN
OCTOBER 1, 1979 -- SEPTEMBER 30, 1980
STATEMENT OF ASSURANCES
RESO #264-9-13-7
ACCOUNT NO 44 2
LUBBOCK CITY
CITY SECRETARY
P 0 BOX 2000
LUBBOCK TEXAS 79408
The recipient government assures that it will:
(1) Establish a trust fund and deposit all revenue sharing funds
received in that trust fund, according to regulations prescribed by
the Office of Revenue Sharing.
(2) Use revenue sharing funds within a reasonable time (two years
from the end of each entitlement period) according to regulations
prescribed by the Office of Revenue Sharing.
(3) Not use entitlement funds for lobbying purposes.
(4) Provide for the expenditure of revenue sharing funds in accordance
with the laws and procedures applicable to the expenditure of its own
revenues.
2 002
(5) Use fiscal accounting and audit procedures as specified by the
Office of Revenue Sharing; provide access to and the right to examine
books, documents, papers or records for purposes of reviewing compliance
with this Act; and make such reports as the Director may require.
(6) Comply with the prevailing wage provisions of the Davis -Bacon Act
on any construction project costing in excess of $2,000 when 25 percent
or more of the costs of such project are paid with revenue sharing funds.
(7) Pay individuals employed in jobs financed in whole or in part wit1
revenue sharing funds not less that the prevailing rates of pay for persons
employed by it in similar public occupations. This provision does not
apply to an employee or employees in any program category who are being
paid in whole or in part with general revenue sharing funds unless 25
percent or more of the total wages paid to all employees in that category
are paid from revenue sharing funds.
(8) In case of the governing body of an Indian tribe or Alaskan Native
village, spend revenue sharing funds for the benefit of members of the
tribe or village residing in the county area or Census District from
which its revenue sharing funds were allocated.
(9) Not exclude from participation in, deny the benefits of, or subject
to discrimination under any program or activity, any person in the U. �.
on the grounds of race, color, national origin, or sex. Not discriminhe
on the basis of age under the Age Discrimination Act of 1975, or with
respect to an otherwise qualified handicapped individual as provided A
Section 504 of the Rehabilitation Act of 1973, or religion except that
any exemption from such prohibition against discrimination on the basil
of religion as provided in the Civil Rights Act of 1964, or Title VII
of the Act of April 11, 1968, shall also apply.
(10) In the event a Federal or State court or Federal administrative law
judge makes a holding, as defined in Section 51.67 of the regulations,
against the recipient government, provide a copy of the holding to the
Director of the Office of Revenue Sharing within 10 days of receipt of
such a holding by the recipient government.
I assure the Director of the Office of Revenue Sharing that with respect
to payment received under the Act, the mandatory requirements of the State
and Local Fiscal Assistance Act of 1972 as amended and of the regulations
will be complied with by this government.
I further assure the Director of the Office of Revenue Sharing that
that the public hearing and public participation requirements and the
accounting, auditing, and fiscal procedures requirements of the Act, when
applicable, will be complied with by this government.
SEP13197
I understand that the acceptance of this form by the Director of the Office
of Revenue Sharing does not prevent the Director from holding a recipient
government responsible for non compliance with the Act and the regulations.
/s/ Dirk West (806 ) 762-6411
SIGNATURE OF CHIEF EXECUTIVE OFFICER (AREA CODE) TELEPHONE NUMBER
Dirk West, Mayor 9-13-79
-- NAME AND TITLE (PLEASE PRINT) • _._ __ DATE _...._.__—
This form must be received before September 30 1979 BY:
Office of Revenue Sharing
2401 E Street, N.W.
Washington, D. C. 20026
The motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister
to adopt the Revenue Sharing Budget as presented and pass Resolution
No. 264 reflecting this action. Motion carried: Mayor West, Mayor Pro
Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay.
79-38-527-931 A public hearing to consider budget for fiscal year 1979-1980.
(18a)
*PUBLISHER'S In accordance with notice published in the Lubbock Avalanche -Journal
AFFIDAVIT ON on September 1, 1979, a public hearing was held on the above matter.
PAGE 528A. Appearances: Ray Chapman, Chairman of the Board, Lubbock Hotel
and Motel Association
Ray Little, President of the Lubbock Hotel and Motel
Association
Tom Butcher, Past President, Lubbock Hotel and Motel
Association
Priscilla Sims, President, Lubbock Restaurant Association
Bob York, member, Board of Directors, State of Texas
Restaurant Association
Mr. Chapman spoke on behalf of the group present in the Council Chambers
expressing their interest in the development of Convention and Tourism
and the importance of the Convention and Tourism Bureau; that it is
their understanding that the Bureau is undergoing reorganization and
will operate under the jurisdiction of the Chamber of Commerce which
they heartily endorse. In reviewing the proposed budget, Mr. Chapman
expressed the concern of the group present, on behalf of their respective
associations, of the position of "sales person --Civic Center" appearing
on pages 9 and 10 of the General Fund Budget in the sum of $25,000. Mr.
Chapman indicated it was the feeling of the group present that the
employment of such a person was premature, that they would prefer the
organizational plan be in effect for one year to see its workability, and
subsequent action for the employment of such a sales person could then
be forthcoming; that it would be more advantageous to spend the $25,000
for the general Bureau promotional uses, i.e. direct mailing, advertising,
etc. He reiterated that the group was supportive of anything and everything
that is necessary to promote Lubbock and the facilities that Lubbock has
for various entertainment -type activities, as that indicates additional
revenue for everyone. However, such a position is premature at this time.
The pros and cons of the situtation were discussed thoroughly by both members
of the Council and members of the representation present, the central points
being that there was a great deal of local and area activities that could
be encouraged to use the Lubbock facilities; that it was understood that
conventions have priority booking, but various meeting rooms in the Civic
Center were unused during the intervals of major engagements; that the
Bureau under the direction of the Chamber was to give priority consideration
to "selling" the Civic Center, and they had been assured by the Chamber
that this would be so. It was commented that a lot of the smaller organizations
and area organizations could not afford the rental rates at the Civic
Center, plus catering charges, plus 15% gratuity costs, and additionally,
this provides open competition with many restaurants who have small
meeting rooms and banquet rooms available to the smaller organization,
and with respect to this particular item, there was not the marketability
that Council members had been led to believe.
Appearance: Bob Reithel, Manager of Employment Relations, Johnson
Manufacturing Company
Mr. Reithel appeared on behalf of his Company to request the possibility
of allocating appropriate funds to establish a bus route to the plant at
50th and Quirt; that they presently had 700 employees with proposed
expansion by July, 1980 of 1,200 employees, and many of the applicants
or employees are of various ethnic and economic backgrounds and many need
3EP1979
79-38�528-932
(18b)
regular transportation in order to hold their jobs; that from evaluating
the existing bus route throughout the City, their industrial area is
the only one that is not served; that at the present time he projected
100 riders everyday if facilities were available.
The discussion that followed reflected that rather than reallocate funds
or appropriate new monies for the establishment of a new route, that it
would be best to relocate an existing low -ridership route for a trial period
to determine whether or not there would be sufficient demand, a new
and permanent route could always be established at a later date. It
was also suggested that Mr. Reithel appear before the Transit Advisory
Board and to meet with staff members in the Transit Department to ascertain
the availability of such service.
Mayor West stated that this time last year at the Budget Hearing, there
were hundreds of people appearing before them registering complaints,
expressing comments of dissatisfaction and general discontent among
the citizenry; this year all appearances had been of a complimentary
nature and progressive, substantive recommendations, and it does reflect
that the Council is 100% responsive.
There being no further appearances, the hearing was closed.
The following discussion centered on the matter of the proposed sales
person in the Civic Center budgeted for $25,000. Mayor Pro Tem
Henry suggested that the matter be left in the budget, but the position
be tabled for one year to allow the Convention and Tourism Bureau one
year to operate under the direction of the Chamber of Commerce; Council-
woman Jordan concurred with this recommendation expressing her feelings
that the money should be left in the budget as allocated, but the position
not filled at the present time for the reason that should the money be
reallocated or transferred into another fund, there is no way to recapture
it should the position need to be filled; Councilman Aderton concurred
with the suggestion that the matter be tabled for one year to allow
the Bureau an opportunity to function under the new arrangement, but
recommended that the $25,000 be transferred into the BCD promotional
budget during this interim; Councilman McAlister felt very strongly
that there was a need to "fill" the facilities of Lubbock, i.e. Auditoriums
Coliseum, Civic Center, and there was a need to have such a staff member
in the proposed position; Mayor Pro Tem Henry additionally commented on
the need to redefine the responsibilities of Civic Lubbock, Inc.
In response to Mr. Chapman's query as to the breakdown of the $475,000
proposed allocation to the Civic Center, City Manager Larry Cunningham
responded as follows:
$59,375 Reserved for the Arts under the
provision of the Laylor Bill
(1/2 ¢ of the hotel/motel tax);
$271,000 Debt service on bonds for Civic
Center;
$75,000 Civic Center operation and promotional
expenses;
$11,875 Special promotion for art projects.
Ordinance No. 7916
An ordinance adopting the budget for 1979-80
JCR:hw ORDINANCE NO. 7916 j
AN ORDINANCE APPROVING BUDGET FIGURES FOR FISCAL YEAR 1979-1980; APPROVING
AND ADOPTING BUDGET FOR FISCAL YEAR OCTOBER 1, 1979 THROUGH SEPTEMBER 30, 1980
FOR THE CITY OF LUBBOCK; AND APPROPRIATING FUNDS.
Reflecting the above discussion, the motion was made by Councilwoman
Jordan, seconded by Mayor Pro Tem Henry to adopt the 1979-80 budget
as presented with specific instructions to the City Manager to retain
the funds for the position of the sales person for the Civic Center as
presented in the budget, but not to fill the position until the Convention
and Tourism Bureau has had an opportunity to function under the new
arrangement under the direction of the Chamber of Commerce, said position
to be filled at a subsequent time. Motion carried: Mayor West, Mayor Pro
Tem Henry, Councilwoman Jordan and Councilman McAlister voting Yea;
Councilman Aderton voting Nay.
Discussion then ensued as to the intent of Councilman Aderton's negative
vote reflected above, it being determined that his negative vote was in
regard to the funds for the proposed sales person for the Civic Center
and not directed toward the adoption of the budget.
528A
SEP 13 1979
♦ww�
79-30-527-931
(18a)
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me Marilyn Pierce a Notary Public in and for Lubbock County, Texas on this day
personally appeared J. C. Rickman Business Manager of the Southwestern Newspa-
pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who
being by me duly sworn did depose and say that said newspaper Legal asNotice been
published 12conti words uously for
23 re
than fifty-two weeks prior to the first insertion of this
a e r word - $28.29 No. 598037 at Lubbock County, Texas and the attached print-
ed copy of the Notice is a true copy of the ongfinal and was printed in the Lubbock
Avalanche -Journal on the following dates: September 19 1979.
(City of Lubbock P.O. No. H-3572)
Bu i ss Manager
LUBB0C ALANCHE-JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this mod— day of September , 19 79
MARILYN PIEk�E
My CdMM4SS30N EXPIRES FES, 1, 1980
Notary Public in and for Lubbock County, Texas
a
NOTICE W-GUDGEI HEARING
NOTICE is hereby given that on
September 13, 1979 at 10.30 A.M. in
the City Council Chambers, Second
Floor City Hall, Lubbock, Texas, a
Public hearing will be held on the
budget of the City of Lubbock cov-
ering the fiscal year October 1,
1979 and ending September 30.
1990, said budget having been filed
with the City Secretary -Treasurer
for public inspect on on August 74
1919
1 HEREBY CERTIFY that this No-
tice of Budget Hearing was Dub-
lished In the Lubbock Avaianchr
Journal on September 1, 1979, In
the West Texas Times on August
79, 1979, in the EI Editor on August
31, 1979, and in the Lubbock Digest
on August 78, 1979
EVELYNGAFFGA
City Secretary -Treasurer
(SEAL)
r.
528E
SEP131979
79-384529-933
(i9aP
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me Marilyn Pierce a Notary Public in and for Lubbock County, Texas on this day
personally appeared J. C. Rickman9 Rif sinoc,s Mana,aor of the Southwestern Newspa-
pers Corporation, publishers of the Lubbock Avalanche -Journal --' Morning, Evening and Sunday, who
being by me duly sworn did depose and say that said newspaper has been published continuously for more
than fifty-two weeks prior to the first insertion of this Legal Notice - 903 words -(a 69 t
Per word - $623.07 No. 573745 at Lubbock County, Texas and the attached print-
ed copy of the Notice is a true copy of the original and was printed in the Lubbock
Avalanche -Journal on the following dates: August 109 17 & 249_ 1979,
(City of Lubbock P.O. No. H-3084)
Bu iness Manager
LUBBOCK LANCHE-JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this 24t h day of August 19-7-9L
M/AR!LY�?IEF;C��
L
MY COWSS ON EXPIRES FEB, 1, 1980
Notary Public in and for Lubbock County, Texas
"NOTICE OF INTENTION OF
'ITY OF LUBBOCK TC LEA$E
LANDF47R OIL AND GAS
MINERAL DEVELOPMENT
Notice is hereby given that the
C ty of Lubbock determ ties that it
is advisable to lease land, owned
by it andhereinafterdescribed, for
oil and gas mineral development
and said City hereby intends to so
Iease the following described tracts
of land containing 38.5a acres, and
4.428 acres respectively, to -wit
TRACT
A tract of land out of the 5oufheast ,
part of Section 4, Block S, G.0 S
S F. Ry,C.. Survey, Lubbock Coun•
ty. Texas, Being a part of Tract 8,
S I Johnson Subdivision of said
Section 4, and being more perticw-
Iary described as follows:
BEGINNING at a 1 2" iron pipe
set South 890 16' West 1264.9 feet
from the Southeast corner Of Said
Section 4, for the Southeast and be.
ginning corner of ibis tract;
THENCE South $90 16' west
2433 99 feet to a 3 4' iron pipe
found for the Southwest corner of
this tract,
THENCE North Oo 4' West 1065 7
feet to a 1 2" iron pipe set in the
South r,ghf-of-way line Of U.S
Highway No. 84 for the Northwest
corner of this tract:
THENCE South 73o 37' East along
said highway right-of-way, a dist-
ance of 2546.14 feet to a 1 2" iron
pipe sot for the Northeast corner of
this tract;
THENCE South 00 50' 49" East
315.82 feet to the PLACE OF BE.
GINNING
TRACT?
4 423 acres of rand Out of SeCrtol, ]
and 4. Block S. Lubbock COunty
Teas, described by metes and
bounds as toltows
BEGINNING at NW corner of
Sec 4, a o4.
-k 5, same be ng N E
corner of Sec 3, Block S, in Lub
back County Texas,
THENCE North ago 17. 25' East
150 feel
THENCE South Ito 42' 3S" East 517
feet to North R-O w of Loop 289
THENCE Southwesterly along the
Loop R O-W a chord 0i5lance of
354 36 feet
THENCE North 00 42' 35' west
648.7 feet,
THENCE North 890 17. 25" East
179 feet to the PLACE OF BEGIN.
N I NG.
The lease shall contain the follow-
ing Clause "Not withstanding any
. thing herein to the Contrary it is ex
Oressry provided that Lessee shall
not enter upon any dart of the Sur
lace of the land herein leased for
any purpose"
written bid proposals should be
submdled by United States mail
addressed to Denze Percifutr
Director of Public Services of City
of Lubooc4. P.O Box 2000, Lub-
bock, Texas 79457, and mailed ii
sullic lent time 10
reach sa b ad
aressee before bid closing time as
here natter stared
S i.rh written bid proposals should
: Onta.n the to low ng:
11) A statement as to file number
of
years for the primary term of
the lease proposed by the bidder.
which primary term Cannot ex, eta
to years under Article 71 010 of the
Natura Resources Code of the
Stateof Texas
21 The bonus cash ronsiderat on
per acre proposed to be paid for
the +ease and the dewy rents; on
sideration t; be paid annually un-
der the lease.
(3) The amount of royally which is
proposed to be retained by the City
of Lubbock, which must be not less
$ban one -eight royalty under Arti.
cle 71.009 of the Natura' Resources
Code of the State of Texas.
141 A cashier's check payable to
the City of Lubbock in the amount
of 10% of the total Of the bonus and
delay rentals for the enure prima.
ry term of the lease to be applied
on the lease payment it The diggar
is the successful bidder, otherwise-'
said bid deposit shall be relurned
t0 the bidder if the bidder is unsuC
cessi Ul,
(S) The primary term for the pro. I
Posed lease Should be stated - r of t0
e.ceetl ten years as provided by
law I.
The Cifv or Lubbock reserves the
CttytOo Lubbock reject wall clorid at I se aq The
' ding at 4;00 o'clock P.M. On the Ain
day of September, i979, and will
iheeeafler conduct a public hearing
to consider such bids at t1:00
I O'CIOCk A.M. on 13th day of Sep-
lember, 1979, in City Council
Chambers at City Hall, Lubbock,
Texas. and thereafter considFr the
awarding of the lease at said time I
and date. The successful bidder
will thin execute Said oil, pas and
other minerals lease Win said Cily
On form Satisfactory to the City At-
torney, and in compliance with this
1 notice, the successful bid and Day-
ment of balance Of the Iease bonus
I payment then due. +
i The successful bidder -lessee
would have to pool the lands hers
einabove described with adjacent
lands also leased for oil and gas
minerat development in order to
dr;it for a we" because entry upon
Ithe lands hereinabove described
for such purposes !or any purpose.
as shown by the Clause with re
spect l0 entry hereinabove re
puired to be inserted in the lease.
Pooling as regard municipalities
is authorized by Sea Or. 71,052 of
the Natural Resources Code Of the
Slate of Texas. This proposedilease
5 not concerned with coal and lig.
nite. and shall not be applicable
heLelo� �..
F1
529
SFPI-197y
The motion was then made by Mayor Pro Tem Henry, seconded by Councilman
McAlister to reconsider and restate the motion with regard to adopting
the budget. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman
Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay.
The motion was then made by Councilwoman Jordan, seconded by Mayor Pro Tem
Henry to leave the proposed allocation for the salesperson for the Civic
Center in the budget ($25,000), but with specific instructions to the City
Manager that the position was not to be filled nor the monies disbursed
until the Convention and Tourism Bureau had had an opportunity to function
under the direction of the Chamber of Commerce; that the matter with
respect to this position would be considered at a subsequent time. Motion
carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan and Council-
man McAlister voting Yea; Councilman Aderton voting Nay.
The motion was then made by Councilwoman Jordan, seconded by Mayor Pro Tem
Henry to adopt the budget as presented. Motion carried: Mayor West,
Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay.
Councilwoman Jordan requested that the minutes reflect that City Manager
Larry Cunningham and Staff were requested to come up with a budget which
would require no tax increase and to not spend any Revenue Sharing Funds
for operational purposes, and they have done just that. They are to
be complimented for the fine manner in which they have prepared the budget.
Mayor Pro Tem Henry commented additionally that members of the hospitality
industry (hotels, motels, restaurants) should be considered in future board
appointments appropriate to their industry.
79-381529-933 Hold a public hearing to consider leasing land for oil and gas mineral
(19a) developm_ ent._
*PUBLISHER'S AFFIDAVIT
ON PAGE 528B. In accordance with notice published in the Lubbock Avalanche -Journal on
August 10, 17, and 24, 1979, a public hearing was held on the above matter.
There being no discussion and no opposition, the hearing was closed.
79-384529-934 Resolution No. 265
(19b)
Consider Resolution No. 234 (a) accepting the highest bid, and (b)
�authorizing the Mayor to execute a lease for oil as and other
mineral development.
JWF:hw
RESOLUTION
WHEREAS, the City Council of the City of Lubbock has determined that it
would be to the best interest of the City of Lubbock and to the public interest
to lease certain lands for oil and gas and other mineral development; and
WHEREAS, notice has been duly published as required by the Natural Resources
Code of the State of Texas of the intention of said City Council to lease certain
lands for such development; and
WHEREAS, bids have been received pursuant to said notice as required by law,
and said bids were closed on September 4, 1979, in accordance with said notice,
and said matter was set down for consideration at a public hearing at 11:00 A.M.
on the 13th day of September, 1979, in City Council chambers at City Hall,
Lubbock, Texas, and after consideration of the bids it was determined that only
one bid was received and it was from the The Allspaugh Company of Potter County,
Texas, said company being the successful bidder, and after due consideration the
City Council determined that the bid of said company would be to the best interest
of the City of Lubbock and that a 38.58 acre tract out of the Southeast part of
Section 4, Block S, G. C. & S. F. Ry. Co. Survey, Lubbock County, Texas, being a
part of tract 8, S. I. Johnson Subdivision of said Section 4 and a 4.428 acre
tract of land out of Sections 3 and 4, Block S, G. C. & S. F. Ry. Co. Survey,
Lubbock County, Texas; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT The Allspaugh Company is hereby awarded a lease for oil
and gas and other mineral development for said 38.58 acre tract and 4.428 acre
tract for a primary term of five (5) years, the bonus consideration to be THIRTY-
FIVE DOLLARS ($35.00) per acre, and the delay rentals for the remaining four (4)
years of the primary term to be ONE DOLLAR ($1.00) per acre for each of said four
(4) years. The City of Lubbock is to have a 1/8 royalty interest.
5M
P I " 1979
SECTION 2. THAT the Mayor of the City of Lubbock is hereby authorised
and directed to execute for and on behalf of the City of Lubbock, as lesso,, an
oil and gas and other mineral development lease in favor of the said successful
bidder, The Allspaugh Company, in accordance with the notice publised �I
for such purposes.
Passed by the City Council this 13th day of September , 1979.
ATTEST:
/s/ Evelyn Gaff a
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Asst. City Attorney
Is/ Dirk West
DIRK WEST, MAYOR
*NOTE: documents filed with original Resolution No. 265, entitled:
OIL AND GAS LEASE (PAID UP LEASE --NO DELAY RENTALS.
Motion was made by Councilman McAlister, seconded by Councilwoman Jordan
to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem
Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea;
none voting Nay.
79-38t530-935 Resolution No. 266
(20)
A resolution authorizing the Mayor to execute a contract between the Ci
and Frank Osgood Associates Inc. to update Lubbock's Po ulation and
Economics Report.
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 agreement
between Frank Osgood Associates, Inc. and City of Lubbock, Texas, to perfoi
certain technical and professional services for an up -date to Report No. One of
the Lubbock Comprehensive Plan, Population and Economics Report, as part of the
1979-1980 Unified Work Program for Transportation Planning in the Lubbock
Urbanized Area 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 13th day of Se tember �1979
ATTEST:
/s/_ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Leon Bean
Leon Bean, Assistant City Attorney
/s
DI
Dirk West
WEST, MAYOR
G
J3 i
SEP 1 3 19
f
AGREEMENT BETWEEN
Frank Osgood Associates, Inc.
ME
City of Lubbock, Texas
THIS CONTRACT, entered into as of this the 13th day of Se tember ,
1979, by and between Frank Osgood Associates, Inc. hereinafter designated
as the CONSULTANT, and City of Lubbock, hereinafter designated as the City.
NOW THEREFORE, it is mutually agreed by and between these parties as
follows:
ARTICLE I
rOWgTTT.TANT
The CONSULTANT covenants and agrees to perform certain technical and
professional services for an up -date to Report No. One of the Lubbock
Comprehensive Plan, Population and Economics Report, as part of the 1979-1980
Unified Work Program for Transportation Planning in the Lubbock Urbanized
Area. The scope of the work to be performed is set out in Appendix "A",
"Scope of Service", of this Contract. Such work shall be performed
in accordance with the terms of this Contract and for the consideration
stated. The CONSULTANT covenants and agrees to perform its duties and
work hereunder with diligence and in a workmanlike manner with a high
degree of care to ensure the accuracy and timeliness thereof.
ARTICLE II
SCOPE OF SERVICES
The CONSULTANT shall exert its best professional efforts to perform and
carry out in a satisfactory manner the services and provide the number of copies
of the report set forth in Appendix "A", attached hereto and made a part hereof.
ARTICLE III
DIRECTION OF WORK
A. All maps, data, reports, research, graphic presentation materials,
etc. prepared by the CONSULTANT as part of its work under this Contract
shall become the property of the City upon completion of this Contract
or any phase thereof of, in the event of termination under Article VIII
hereof, at the time of payment under said Article VIII for work actually
performed and accomplished.
B. The CONSULTANT shall not assign any interest in this Contract, nor delegate
the performance of any of its duties hereunder, without the prior written
consent of the City, and the State Department of Highways and Public
Transportation and any actual or attempted assignment or delegation
without prior written consent, shall be void.
C. The CONSULTANT shall perform the tasks as outlined in Appendix "A" and
document the work accomplished on a task -by -task basis in written monthly
Progress Reports to the City.
D. The CONSULTANT shall, by no later than the fifteenth calendar day of
each month, provide a Progress Report for the preceding months work
in sufficient detail to document the amount invoiced for that month.
The Progress Reports and documentation will be subject to review and
acceptance by the City with any difference resolved prior to the payment
of invoice.
E. The parties hereto may from time to time make changes to this Contract
by written amendment as approved by the City, the CONSULTANT, and the State
Department of Highways and Public Transportation. In the event of changes
made in the scope, character, time of performance or total cost of the
work to be performed, adjustment for payment and time as modified shall
be determined by negotiations between and mutual acceptance by the City
and the CONSULTANT.
ARTICLE IV
TIME OF PERFORMANCE
The CONSULTANT shall commence work within two (2) weeks after written
Notification to Proceed from the City. This notification shall be issued
after the Contract is approved and executed by all parties to the Agreement.
All work under this Contract shall be completed and a draft final report
submitted no later that 150 days from date of Notification to Proceed, unless
otherwise extended by the written concurrence of the parties hereto. Following
review and comment on the draft final report by City, the CONSULTANT shall
submit the final report within forty-five (45) days. Duration of this CONTRACT
shall be five (5) months from date of Notification to Proceed. In the event
the CONSULTANT encounters delays in performance of this Contract, it may
5.32
P 1 " 1979
request in writing an extension of the time of completion beyond the time of
performance specified. The City shall promptly process such requests and advise
the CONSULTANT within fifteen (15) days of its decision.
ARTICLE V ii
COMPENSATION AND METHOD OF PAYMENT f
l
For the satisfactory performance of the professional services describe
in Article II, Scope of Services, the City agrees to compensate the CONSUL ANT
for services under this Contract by the total payment of a sum of $18,526.0
Dollars on the basis of montly progress reports and certified invoices
submitted by the CONSULTANT relative to services provided in accord with
the terms of this Contract. Each montly invoice shall specify the percentage
of work completed under this Contract by work task, the total of previous
amounts invoiced, and the amount due and payable less a retainage of five
(5) percent of the total amount earned. The five (5) percent retainage
amount shall be invoiced on a final request for payment at the time all
work has been completed in accordance with the terms of this Contract as
approved by the City. The payment of each invoice shall be made by the
City to the CONSULTANT within thirty (30) days following their receipt and'
approval. The CONSULTANT shall submit a final billing within ninety (90)
days following completion of this contract. Costs eligible for reimbursem nt
shall be defined as thoseallowable under part 1 to 15 of the Federal
Procurement Regulations. 11
A.
ARTICLE VI
U. S. DEPARTMENT OF TRANSPORTATION REQUIREMENTS
Audit and Inspection of Records. The CONSULTANT shall permit the
authorized representative of the Federal Highway Administration, the
State Department of Highways and Public Transportation, the Comptroller
General of the United States, and the City to inspect and audit all da a
and records and study activities of the CONSULTANT relating to its performance
and its subcontracts under the Contract from date of Contract through I1
and until the expiration of three (3) years from the date of final payment
to the contractor. The CONSULTANT shall keep all financial records, da
i.e. monthly statements, invoices, receipts, charges and any other tl
and records as a result of this Contract from date of Contract through 11 and
until the expiration of three (3) years from the date of final payment
to the contractor.
B. Equal Employment Opportunit . In connection with the execution of this
Contract, the CONSULTANT shall not discriminate against any employee of
applicant for employment because of race, religion, color, sex, age,
physical or mental handicap, or national origin. The CONSULTANT shall
take affirmative actions to ensure the applicants are employed, and that
employees are treated, during their employment, without regard to them{
race, religion, color, sex, age or national origin. Such actions shall!
include, but not be limited to, the following: employment, upgrading,
demotion or transfer, recruitment advertising, layoff or termination,
rates of pay or other form of compensation, and selection for training,
including apprenticeship.
C. 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.
D. Interest of Public Officials. No member, officer, or employee of the
public body or of a local public body during his tenure or for one
(1) year thereafter shall have any interest, direct or indirect, in
this Contract or the proceeds thereof.
E. Minority Business Enterprise. In connection with the performance of
this Contract, the CONSULTANT will cooperate with the City in meeting
its commitments and goals with regard to the maximum utilization of mind
business enterprises and will use its best efforts to ensure that minori
business enterprises shall have the maximum practicable opportunities
to compete for subcontract work under this Contract.
F. Com liance with Title VI of the Civil Ri hts Act of 1964. In connection
with the performance of this Contract, the CONSULTANT will observe and �I
comply with applicable civil rights regulations are provided in "Append3
B" attached hereto, and made a part of this Contract. I
ARTICLE VII
INDEMNIFICATION
The CONSULTANT will indemnify, keep and save harmless the City, the
State Department of Highways and Public Transporation, the U.S. Department
of Transportation from all claims and liability due to its neligent acts or
the negligent acts of its subcontractors, agents, or employees during the
course of work.
ity
SEP 1 3
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ARTICLE VIII
TERMINATION OF CONTRACT
It is agreed that either party may terminate this Contract all or in
part at any time by written notice by certified mail, with the understanding
that work hereunder shall cease as of the date stipulated in the written notice
of termination. Such termination may be effected by either party when it is
in the best interest of said party. On the part of the City, termination
action under this clause may also be initiated in the event grant funds are
withdrawn or otherwise made unavailable by the funding sources. Any termination
notice will specify to what extent performance of work has been terminated
and the effective date of termination. CONSULTANT shall be compensated for
work completed through the date of termination, as provided for in Article V
of this Contract. In case of disputes, the Director of Planning, City of
Lubbock; Senior Planning Engineer, State Department of Highways and Public
Transportation; Frank Osgood, Frank Osgood Associates and other persons
as may be appointed by these listed shall form a committee and resolve all
disputes to the satisfaction of all parties, in writing.
ARTICLE IX
ACKNOWLEDGEMENT AND DISCLAIMER
Where appropriate, all documents and reports published by the CONSULTANT
shall contain a statement acknowledging the cooperation and assistance of
the U.S. Department of Transportation, Federal Highway Administration, and
the Texas Department of Highways and Public Transportation,.in_the preparation
and publication thereof. In addition, all documents and reports shall contain
a disclaimer statement identical or similar to the following:
"The contents of this report reflect the views of the
author who is responsible for the facts and the accuracy
of the date presented herein. The contents do not
necessarily reflect the official views or policies of
the Federal Highway Administration. This report does
not constitute a standard, specification, or regulation."
ARTICLE X
COVENANT AGAINST CONTINGENT FEES
The CONSULTANT warrants that it has not employed or retained any,
company or person, other than a bona fide employee working solely for the
CONSULTANT, to solicit or secure this Contract, and that it has not paid
or agreed to pay any company or person, other than a bona fide employee
working solely for the CONSULTANT, any fee, commission, percentage brokerage
fee, gifts, or ther consideration, contingent upon or resulting from the
award or making of this Contract. For breach or violation of this warranty,
City shall have the right to annul this Contract without liability, or
at its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission precentage
brokerage, gift or contingent fee.
ARTICLE XI
CERTIFICATION OF CONSULTANT
Required certifications with respect to the negotiation and execution
of this Contract and the terms and conditions thereof are attached hereto
as Appendix "C" and made a part hereof.
ARTICLE XII
VENUE
Venue and jurisdiction of any suit, right or cause of action arising
under of in connection with the Contract shall lie exclusively in Lubbock
County, Texas.
IN TESTIMONY WHEREOF, the parties hereto have caused these presents to
be execute on the aforementioned date.
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
Frank Osgood Associates, Inc.
By: /s/ Frank Osgood
Frank Osgood, President
City of Lubbock
By: /s/ Dirk West
Dirk West, Mayor
S 34
P 1 3 1979
APPROVED AS TO CONTENT:
/s/ H. David Jones
H. David Jones, Senior Planner
APPROVED AS TO FORM:
/s/ Leon Bean
Leon Bean, Assistant City Attorney
APPENDIX "A"
SCOPE OF SERVICES
The .following descriptions of individual Work Tasks detail the work
effort associated with each.
LUBBOCK WORK PROGRAM
Phase I Review Evaluation and U date of Pertinent Lubbock Rem orts,
Date Base and Other Needed Information Sources
A. Evaluation and update of Part One of the 1973 Population
and Economics Report.
1. Make adjustments and update to 1979.
2. Expand coverage as needed to meet study needs.
3. Review with City staff.
B. Assembly and review of basic population, land use and
socio-economic data available.
1. Assemble and evaluate basic data available through
1979 from computerized land use files.
2. Make necessary adjustments (if needed) and review with
City staff.
C. Establish additional data needs, means of collection, and data
assembly.
1. Determine additional data needs and how it can be most
easily collected.
2. Review with City staff.
D. Establish other needs, coordination and programming for Phases
II, III, and IV.
1. Establish overall program for Phases II, III and IV by
PERT AND GPM.
2. Review with City staff.
Phase II Lubbock Region and Trade Area Evaluation. Analvsis and Proiections
A. Review boundaries of Lubbock region and trade area and
determine any needed adjustments.
B. Focus on the future of agriculture and regional agricultural
employment.
1. Water and other critical issues affecting agriculture.
2. Analysis of trends relative to agricultural production
and employment and project forward to 2005.
C. Focus on regional population and labor force trends.
1. Evaluate and develop findings.
D. Retail trade area analysis.
1. Research CBD trends and characteristics, problems
and opportunities.
2. Suburban area similar coverage.
3. Remainder of region coverage.
E. Determine income and expenditure patterns for county and
remainder of region with projections forward to 2005.
1. Show in 1979 dollars and relate to 1970.
2. Focus on shifts in expenditure patterns.
F. Develop retail sales projections and other commercial
space needs by key areas of region.
1. Sales projections for CBD, suburban areas and remainder
or region.
2. Determine current and future characteristics of other
commercial land and/or building space footage needs for
office space, commercial services, wholesale sales activities
and other uses.
G. Focus on regional population characteristics, trends and projections.
1. Composition by age, sex and race.
2. Centralization versus decentralization.
3. Shifting commuting patterns.
4. Projections to 2005.
7c):
SEP13��
Phase III Lubbock Area Economic Development Potentials
A. In-depth coverage of various manufacturing and non -manufacturing
industries.
1. New growth versus traditional manufacturing.
2. Trends in development of service industries.
3. Importance of various non manufacturing categories.
B. Analysis of possible future effect of military activities
on Lubbock's future development.
1. Key interview with military personnel to provide some
basis for its future in Lubbock area.
2. Assembly and evaluation of basic data on military's importance
and regional significance.
C. Development of city and county population projections by various
proposed techniques.
1. Projection, review and evaluation as to best projections.
2. Comparison with labor force projections to determine
best projections reflecting commuting, labor force
participation and other considerations.
D. Consideration of alternative patterns of Lubbock area development
for review with City staff.
1. Direction of growth considerations.
2. Density considerations.
3. Review with City staff.
E. Provide land area and building square footage standards
for projection as needed.
1. Meet with City staff and review their available
standards.
2. Determine adjustments or additional standards as needed.
3. Develop standards and review with staff.
Phase IV Assemblv of Final Protections and Findings by Appropriate
Location and Groupings
A. Population projections for the various Planning Units
will be made for each five year period, 1980-2005.
B. Assembly of all final projections by location and groupings
established.
C. Summary evaluation of the overall stability of the Lubbock
industrial base.
D. Discussion of observed strengths and weaknesses of employment
opportunities probable during the study period.
E. Other findings as study focus evolves.
PRODUCTS OF THE STUDY
Study products will include a detailed Population and Economic
Base Study of Lubbock and its region, as well as estimates of popu-
lation and economic growth for the 1973-79 period broken down by
Planning Units or Census Tracts. In addition, projections as necessary
to 1980, 1985, 1990, 1995, 2000, and 2005 would be developed by
Planning Units or Census Tract for various population and economic
requirements needed for Comprehensive Plan and Comprehensive Trans-
portation Planning Program needs by City staff. Such data as population,
income, expenditures, retail sales, commercial land acreage and employ-
ment would be needed to aid in achieving Transportation Planning'Pro-
gram needs.
ADDITIONAL SERVICES
A. Data Processing
1. Work related to the programming and processing of data related
to the 1970 Census, EDA socio-economic and business surveys,
land use surveys, and other interim census type data, relevant
to the preparation of the Population and Economic Base Study,
shall be performed by the City or by others at the discretion
of the City, and shall be made available to the Contractor
at no cost. The Contractor shall coordinate his data needs
with the City and others as required to assure that data
processing may be reasonably minimized.
B. Reproduction of Reports
1. The Contractor shall provide one preliminary original typed
copy of all narrative materials and the original copy of all
maps, charts, graphs or other graphic materials in a form
suitable for reproduction by the City. Original materials
shall be prepared in an eight and one-half inch by eleven inch
format on regular bond typing paper or, in the case of graphic
materials, on tracing paper.
2. Following a review by the City, the Contractor shall prepare
one final, original typed copy of all narrative materials and
an original copy of all graphic materials, incorporating the
536
=P I " 1979
necessary additions, deletions or revisions indicated by the
City in the review. Final narrative and graphic materials
shall be prepared in the same format and on the same materials
as the preliminary.
3. Actual reproduction of materials, both preliminary and final,
shall be performed by the City at no cost to the Contractor.
The City of Lubbock shall provide a person to work with the consultant
in supplying needed base data for this study.
APPENDIX "B"
NOTICE TO CONTRACTORS
COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
FOR
FEDERAL -AID CONTRACTS
During the performance of this contract, the contractor, for itself
its assignees and successors in interest (hereinafter referred to as the
"contractor"), agrees as follows:
(1) Compliance with Regulations: The contractor will comply with
the regulations of the Department of Transportation relative
to nondiscrimination in Federally -assisted programs of the Department
of Transportation (Title 49, Code of Federal Regulations, Part 21,
hereinafter referred to as the Regulations), which are herein
incorporated by reference and made a part of this contract.
(2) Nondiscrimination: The contractor, with regard to the work performed
by it after award and prior to completion of the contract work,
will not discriminate on the grounds of race, color, or national
origin in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The contractoi
will not participate either directly or indirectly in the discrimination
prohibited by Section 21.5 of the Regulations, including employmelt
practices when the contract covers a program set forth in Appendil
B of the Regulations.
(3) Solicitations for Subcontracts, Including Procurements of Materials
and Equipment: In all solicitations, either by competitive biddifig
or negotiation made by the contractor for work to be performed
under a subcontract, including procurements of materials or
equipment, each potential subcontractor or supplier shall be
notified by the contractor of the contractor's obligations under
this contract and the Regulations relative to nondiscrimination
on the grounds of race, color or national origin.
(4) Information and Reports: The contractor will provide all informaion
and reports required by the Regulations, or orders and instructions
issued pursuant thereto, and will permit access to its books, recrds,
accounts, other sources of information, and its facilities as may
be determined by the State Highway agency or the Federal Highway
Administration to be pertinent to ascertain compliance with such
Regulations, orders and instructions. When any information requi ed
of a contractor is in the exclusive possession of another who fails
or refuses to furnish this information, the contractor shall so
certify to the State Highway agency or the Federal Highway Administration
as appropriate, and shall set forth what efforts it has made to
obtain the information.
(5) Sanctions for Noncompliance: In the event of the contractor's
noncompliance with the nondiscrimination provisions of this contract
or the Federal Highway Adminstration may determine to be appropriate
including, but not limited to, I
(a) withholding of payments to the contractor until the contractor
complies, and/or
(b) cancellation, termination or suspension of the contract, in Lole
or in part.
(6) Incorporation of Provisions: The contractor will include the pro �isions
of paragraph (1) through (6) in every subcontract, including procurements
of materials and leases of equipment, unless exempt by the Regulations,
order, or instructions issued pursuant thereto. The contractor will
take such action with respect to any subcontract or procurement as
the State highway agency or the Federal Highway Administration maT
direct as a means of enforcing such provisions including sanctions
for noncompliance. Provided, however, that in the event a contractor
becomes involved, in, or is threatened with, litigation with a subcontractor
or supplier as a result of such direction, the contractor may request
the State to enter into such litigation to protect the interest of the
State, and, in addition, the contractor may request the United States
to enter into such litigation to protect the interests of the UnAed
States. 11
SEP 1 3 197
a
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APPENDIX "C "
I
REPRESENTATIONS, CERTIFICATIONS AND ACKNOWLEDGEMENTS
I. TYPE OF BUSINESS ORGANIZATION: The contract recipient represents that
the firm operates as^ Frank Osgood Associates, Inc., a
corporation
II. SMALL BUSINESS: The contract recipient represents that the firm is/
is not a small business concern. A small business concern for the purpose
of Government procurement is a concern, including its affiliates, which
is independently owned and operated, is not dominate in the field of
operation in which it is bidding, and can further qualify under the criteria,
as prescribed by the Small Business Administration. (See Code of Federal
Regulations, Title 13, Part 121, as amended, which contains detailed
industry definitions and related procedures.) Number of employees 450+
III. CONTINGENT FEE: The contract recipient represents (1) that the firm has
not employed or retained any company or person (other than a full-time
bond fide employee working solely for the offeror) to solicit or secure
this contract, and (b) that the firm has not paid or agreed to pay any
company or person (other than a full-time bona fide employee working
solely for the offeror) any fee, commission, percentage, or brokerage
fee contingent upon or resulting from the award of this contract;
and agrees to furnish information relating to (a) and (b) above, as
requested by the contracting officer. ( NOTE: for interpretation
of the representation, including the term "bona fide employee" see Code
of Federal Regulations, Title 41, Chapter 1, Subpart 1-1.5).
IV. EQUAL OPPORTUNITY: The contract recipient represents that the firm has
participated in a previous contract or subcontract subject either to the
Equal Opportunity clause herein or the clause originally contained in
Section 301 of Executive Order 10925, or the clause contained in Section
201 of Executive Order No. 11114; that the firm has filed all
required compliance reports; and that representations indicating submission
of required compliance reports, signed by proposed subcontractors, will
be obtained prior to subcontract awards.
V. PRINCIPAL PLACE OF PERFORMANCE: The location of the plant of place of
business where the item(s) will be produced or the principal services
will be performed under the contract is:
CITY Dallas COUNTY Dallas STATE Texas
VI. ASSURANCE: The contract recipient hereby assures compliance with all
terms, condition and general and special provisions for this contract.
NAME OF CONTRACT RECIPIENT: Frank Osgood Associates, Inc.
SIGNED BY: /s/ Frank Osgood DATE: August 31 1979
TITLE: President
ATTACHMENT # 1
ESTIMATED COSTS
Up -date to Report No. One of the Lubbock Comprehensive Plan, Population and
Economics Report
1. DIRECT LABOR:
Principal
Engineers/Planners
TOTAL DIRECT LABOR
Lubbock, Texas
ESTIMATED HOURS RATE/HOUR TOTAL TOTAL
300 $15.00 $4,500.00
506 $ 7.50 $3 795.00
$8 295.00
2. INDIRECT COSTS ON DIRECT LABOR:
Overhead at of =
TOTAL at .94 of $8,295.00 = $7,797.00
TOTAL INDIRECT COST (Provisional) $7 797.00
3. TOTAL DIRECT AND INDIRECT ON LABOR:
4. DIRECT MATERIALS:
Telephone and Telegraph (long distance) $100.00
TOTAL DIRECT MATERIALS
5. TRAVEL:
$100.00
$16,092.00
Tranaportation (Air, rental car, parking)
Subsistence
TOTAL TRAVEL
6. TOTAL DIRECT MATERIALS AND TRAVEL:
$500.00
$150.00
$650.00
97sn.nn
7�8
EP 1 3 1979
7. TOTAL ESTIMATE COST:
8. 10% PROFIT RATE:
$16,842.00
$ 1,684.00
TOTAL CONTRACT COST $18,526.00
ATTACHMENT #2
ESTIMATED COSTS BY WORK TASK
WORK TASK
I. Review, Evaluation and Update of Lubbock
reports, Data Base and Other Information
Sources
II. Lubbock Region and Trade Area Evaluation,
Analyses and Projections
III. Lubbock Area Economic Development
Potentials
IV. Assembly of Final Projections and Findings
by Appropriate Locations and Groupings
PER CENT ESTIMATED COST
8.2% $ 1,51 .00
37.5% $ 6,94t.00
32.1% $ 5,947.00
22.2% $ 4.1
100.0% $18,52$.00
Several months ago the City Staff was authorized to negotiate a contract
with Frank Osgood Associates to update the population and economics eleme
of the Comprehensive Plan. We have just received approval from the Feder
Highway Administration to proceed in this regard.
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass said resolution authorizing referenced contract. Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton
and McAlister voting Yea; none voting Nay.
I
79-38t538-936 Consider and authorize a budget supplement for the 1979..Weed Control Program.
(21)
It is estimated that up to $10,000 may be needed to supplement our efforts
in an all out campaign to remove the weed crop before the end of September.
There are presently 11 mowers at work to accomplish this much needed project.
79-34538-937
(22)
79-30-538--938
(23)
The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry
to authorize referenced budget supplement and to proceed with caution
and alacrity. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman
Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay.
Consider the^2rice and conditions of sale of Parcels 17-5 and 17-6 in
the Coronado Tex. R-33 area.
Redeveloper: Raul Sepeda
$2,700 for 3 single-family
residences (3 lots at $900
each)
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to approve the price and conditions of the referenced sale. Motion carri
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton
and McAlister voting Yea; none voting Nay.
Consider the acce tance of construction of Day Care Center No. 4 and
authorize final payment.
CERTIFICATE OF SUBSTANTIAL COMPLETION
PROJECT: LUBBOCK DAY NURSERY #4 Lubbock, Texas
(name, address)
CONTRACTOR: Tusha Buildings Inc., Lubbock, Texas
TO (Owner)
ARCHITECT'S PROJECT NO:
City of Lubbock, Texas CONTRACT FOR: Turnkey Construction
Lubbock Day Nursery #4
DATE OF ISSUANCE: September 12, 1979
CONTRACT DATE: October 16, 1978
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PROJECT OR DESIGNATED AREA SHALL INCLUDE: Complete Project as called out
on Contract Documents entitled: LUBBOCK DAY NURSERY #4, FOR LUBBOCK DAY
CARE ASSOCIATION, LUBBOCK, TEXAS
The Work performed under this Contract has been reviewed and found to be
substantially complete. The Date of Substantial Completion is hereby established
as
which is also the date of commencement of all warranties and guarantees required
by the Contract Documents.
DEFINITION OF DATE OF SUBSTANTIAL COMPLETION
The Date of Substantial Completion of the Work or designated portion thereof is
the Date certified by the Architect when construction is sufficiently complete,
in accordance with the Contract Documents, so the Owner may occupy the Work or
designated portion thereof for the use for which it is intended.
A list of items to be completed or corrected, prepared by the Contractor and
verified and amended by the Architect, is appended hereto. The failure to include
any items on such list does not alter the responsibility of the Contractor to com-
plete all Work in accordance with the Contract Documents.
Bill Cantrell Planners, Inc. /s/ Bill Cantrell 9-12-79
ARCHITECT BY DATE
The Contractor will complete or correct the Work on the list of items appended
hereto within days from the above Date of Substantial Completion.
Tusha Buildings Inc.._ /s/ Don Riggs 9-12-79
CONTRACTOR "-- BY DATE
The Owner accepts the Work or designated portion thereof as substantially complete
and will assume full possession thereof at (time) on (date).
City of Lubbock Texas /s/ Dirk West 9/13/79
OWNER BY DATE
The responsibilities of the Owner and the Contractor for maintenance, heat, utilities
and insurance shall be as follows:
(NOTE --Owner's and Contractor's legal and insurance counsel should determine and
review insurance requirements and coverage)
(CONSENT OF SURETY COMPANY TO FINAL PAYMENT signed by Lester E. Grimes, Jr.,
Attorney in Fact for Travelers:Indemnity Co.; CONTRACTOR'S AFFIDAVIT OR RELEASE
OF LIENS signed by Don Riggs for Tusha Buildings, Inc.; CONTRACTOR'S AFFIDAVIT
OF PAYMENT OF DEBTS AND CLAIMS signed by Don Riggs for TUSHA BUILDINGS, INC.;
and GUARANTEE INFORMATION signed by Bill Cantrell for Bill Cantrell Planners, Inc.
on file in subject file entitled "COMMUNITY DEVELOPMENT: Lubbock Day Care Center
#4.)
Construction of Day Center #4 at East 13th Street and Vanda Avenue has been completed
by Tusha Buildings, Inc. The architect, Bill Cantrell, who was present in the
Council Chambers, indicated he had inspected the building with the contractor
and with representatives of the Day Care Association and with representatives
of the Texas Human Resources Department, and all guarantees, affidavits and other
appropriate documentation were on hand. The construction of this building is
in the name of the Day Care Center and is the responsibility of the Association.
However, the funding agreement between the City and Day Care Association provides
that before final payment can be made to the contractor and architect, the City
must accept the project. The Center will be open by the Association on or before
October 1, 1979. The operational funds for the new Center will be provided by
the United Way Agency. The final payment to Tusha Building is in the amount
of $36,014; the total contract price for the facility is $231,31$.50. Upon the
recommendation of architect Bill Cantrell, the facility is acceptable and recommends
the City act affirmatively.
The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Jordan to
accept the construction of Day Care Center #4 and to authorize final payment.
Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen
Aderton and McAlister voting Yea; none voting Nay.
to
1 3-1979_
79-3A540-939 Resolution No. 267
(24)
A resolution authorizing -the Mayor to execute an agreement with the
State Highway Department for the purpose of conducting an inspection
of bridges on public roads and streets within the City of Lubbock.
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 agreement
with the State Department of Highways and Public Transportation providing
for the State to survey, inspect, appraise and inventory bridges on public
roads and streets within the City of Lubbock, which agreement is attached
herewith and which shall be spread upon the minutes of the Council and
as spread upon the minutes of this Counsel shall constitute and be a
part of this Resolution as if fully copied herein in detail.
Passed by City Council this 13th
day of September _ , 1979.
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
s/ Evelyn Gaff a
Evelyn Gaffga, City Secretary -Treasurer
APPRQVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver,
First Assistant City Attorney
AGREEMENT FOR THE STATE TO SURVEY, INSPECT, APPRAISE
AND INVENTORY BRIDGES ON PUBLIC ROADS AND STREETS I
THIS AGREEMENT, made this 13th day of September_, 1979, by
and between the State Department of Highways and Public Transportation, Pa ty
of the First Part, hereinafter called the "Department", and City of Lubboct,
a local government, or governmental agency or entity, Party of the Second
Part, acting by and through its Mayor and by virtue of the authority shown
on Resolution attached hereto and made a part hereof.
WITNESSETH
WHEREAS, the Party of the Second Part is owner of certain bridges on
public roads and streets within its jurisdiction; and
WHEREAS, Title 23, United States Code as amended by the Surface Trans-
portation Act of 1978, requires that an inventory, inspection and appraisal,
be completed of all highway bridges on public roads and streets; and
WHEREAS, it is incumbent upon the Department to assure accomplishment
of this work.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and of mutual
covenants and agreements of the parties hereto to be by them respectively
kept and performed, as hereinafter set forth, it is agreed as follows:
1. The Part of the Second Part hereby grants permission to the
Department or its contracted Consultant, to perform on -site surveys
and inspections of bridges under its jurisdiction for the purpose of
developing inventory and appraisal information and data, and further
agrees to furnish available information and data concerning such bridges,
to the Department.
2. All of the above described information and data shall be the
property of the Department. However, such information and data will
be provided to the Party of the Second Part upon request.
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79-4 541-940
(25)
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3. Nothing herein is intended to change the respective responsibilities
under the laws of this State of the parties hereto. It is expressly understood
that the Department's responsibility shall be limited to the reasonably prompt
conveyance of information and data described in 2 above to the Party of the
Second Part. Responsibility for deciding upon the imposition of load restriction,
closure, repair or other such action, shall remain that of the Party of the
Second Part.
IN TESTIMONY WHEREOF, the parties hereto have caused these present to be
executed in duplicate on the day above stated.
PARTY OF THE FIRST PART:
DISTRICT ENGINEER, STATE DEPARTMENT
OF HIGHWAYS AND PUBLIC TRANSPORTATION
By:jgjQ-nrgt- C_ Wall, Jr.,
District Engineer,
District No. 5
PARTY OF THE SECOND PART:
CITY OF LUBBOCK, TEXAS
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaff a
Evelyn Gaffga,
City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Denzel Percifull
Denzel Percifull
Director of Public Services
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver,
First Assistant City Attorney
This agreement formalizes a request for routine inspection of State
Highway Department crews of bridges on public roads and streets within the
City of Lubbock.
The motion was made by Mayor Pro Tem Henry, 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. 268
A_ resolution accepting final street paving improvements constructed
by Commercial Concrete Construction Co_. on the 1976 Paving Improvements_
Program. - - -
RESOLUTION
RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLEYS, STREETS AND/OR
AVENUES AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF
ASSESSMENTS LEVIED.
WHEREAS, the City of Lubbock heretofore passed various street improvement
ordinances and resolutions and entered into contract with Commercial Concrete
Construction Company (G.W.O. 10,922) for the making and construction of street
and/or alley improvements on portions of numerous alleys, streets and/or avenues
in said City including among others the following:
79th Street from its intersection with a line 30.00 feet West of the
East Property Line of Elgin Avenue to its intersection with a line
16.00 feet East of East Property Line of Boston Avenue known and de-
signated as Sub -Unit Number 86 of Unit Number 2229.
East one-half of Elgin Avenue from its intersection with a line 15.00
feet South of South Property Line of 78th Street to its intersection
with a line 15.00 feet North of North Property Line of 79th Street known
and designated as Sub -Unit Number 87 of Unit Number 2229.
Locust Avenue from its intersection with the South Lip Line of 34th
Street to its intersection with a line 18.00 feet South of South Property
Line of 36th Street (West Leg) known and designated as Sub -Unit Number 2
of Unit Number 2232.
University Avenue from its intersection with a line 30.00 feet South of
the South Property Line of 82nd Street to its intersection with a line
30.00 feet South of the South Property Line of 98th Street known and
designated as Sub -Unit Number 5 of Unit Number 2233.
42
13 1979
79-34542-941
(26)
50th Street and Indiana Avenue widening known and designated as Sub -
Unit Number 7 of Unit Number 2233,
AND WHEREAS, the improvements upon the said portions of the above -
mentioned alleys, streets, and/or avenues, have been inspected and
found to have been constructed in accordance with terms of said
contract G.W.O. 10,922.
THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS:
I.
That the improvements on said portions of the abovementioned alleys,
streets, and/or avenues be and the same are hereby accepted, and the City
Engineer be and he is hereby authorized to direct payment of the City's
portion of the cost.
II.
That the Mayor and City Secretary be, and they are hereby instructed
to execute and deliver certificates in evidence of the assessments levied
against the parcels of property abutting upon the said portions of the
alleys, streets and/or avenues listed above and against the owners of
such property in accordance with law and in the manner provided in said
contract, and the proceedings with reference to said improvements and
assessments where such assessments were levied.
This resolution shall take effect and be in force from and after
its passage.
PASSED AND APPROVED THIS 13TH DAY OF SEPTEMBER, 1979.
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary
A PPROVED AS TO CONTENT:
/s/ Wilford D. Watson
Wilford D. Watson, City Engineer
APPROVED AS TO FORM:
/s/ Jahn C. Ross
John C. Ross, City Attorney
/s/Dirk West
Dirk West, Mayor
This final acceptance includes three subunits:
79th Street: Boston Avenue to Elgin Avenue
East 1/2 of Elgin Avenue: 78th Street to 79th Street
Locust Avenue: 34th Street to 36th Street
The payment is in the amount of $6,986.13 for the City's final portion.
The amount of contract was $796,698.25, but was reduced because of right-
of-way problems that didn't clear up on the south side of 82nd Street between
University and Elgin Avenue and the west side of University Avenue between
82nd and 90th Street.
Resolution No. 269
A resolution accepting avin imrovements constructed by Commercial
Concrete Construction Co. on McFadden Addition Tracts '"A"' and "B".
RESOLUTION
RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET (CONCRETE
ONLY) AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions of City
Ordinance 1331, the subdivider of McFadden Addition Tract "A" & "B", made
arrangements with Commercial Concrete Construction Co. for the constructionij
of paving improvements on a certain street dedicated in said subdivision
under the provisions of said Ordinance prior to the recording of the subdivision
plat of McFadden Addition Tracts "A" and "B" including the following street:
El
SEP I
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79-30-543-942
(27)
The North 1i of East 74th Street from 466.86 feet West of the West
Property Line of Globe Avenue to 703.98 feet West of the West
Property Line of Globe Avenue. (Concrete only)
AND WHEREAS the construction of the above improvements on the above men-
tioned street was performed under the supervision of the City Engineer, and
said improvements have been completed and have been inspected and found to
have been constructed in accordance with City specifications and in accordance
with the provisions of City Ordinance 1331.
THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS.
I.
That the improvements on said portions of the above mentioned street be
and the same are hereby accepted and the City Engineer be and he is hereby
authorized to direct the payment of the City's portion of the cost (and to
release escrow money).
II.
This resolution shall take effect and be in force from and after its passage.
PASSED AND APPROVED THIS 13th DAY OF September , 1979.
ATTEST:
/s/ Evelyn Gaf£ a
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 Ross, Jr., City Attorney
/s/ Dirk West
DIRK WEST, MAYOR
These improvements were constructed in accordance with City plans and specifications.
The amount of prepaid paving in the sum of $1,039.72 should be released back
to the developer; there is no cost to the City on this subunit.
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass Resolutions 268 and 269, referenced above. Motion carried: Mayor
West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay.
Ordinance No. 7917
An appropriation ordinance for paving improvements on the 1979 Assessment
Paving Program (GWO 10,976). -
ORDINANCE NO. 7917
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is necessary
to appropriate certain specific funds for an approved project; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described fund, to -wit:
Street Capital Improvement Fund.
The sum $1,786,295.04
For the following purpose:
GWO 10976 $1,694,618.04
6% Engineering 101,677.00
$1,796,295.04
Less Appropriation Ord. #7835 - 10,000.00
$1,786,295.04
Fi
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79-38p544-943
(28)
Revenue Sharing (Entitlement 10) $ 675,777.05
Bond Fund 669,512.88
L.I.S.D. 11,221.62
Pre -Paid Paving 124,719.49
Accounts Receivable (Assessments) 305,064.00
$1,786,295.04
AND IT IS SO ORDERED
Passed by the Council on first reading this 13thday of _ September ,179.
Passed by the Council on second reading this day of 11 ,1979.
DIRK WEST, MAYOR
ATTEST:
Evelyn Gaffga, City Secretary -Treasurer
VERIFIED BY:
/s/ Sterling K. Miller
FINANCE OFFICER
APPROVED AS TO CONTENT:
/s/ Wilford D. Watson Eng.
Wilford D. Watson, Engineering Dept.
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
There are several tracts for street right-of-way that are needed as well
as additional tracts on 82nd Street; there is a need for approximately
50,000 cubic yards of dirt fill between Quaker and Memphis on 82nd Street;
this appropriation ordinance is in the sum of $1,786,295.04.
The section on 82nd Street --Memphis to II
p Quaker Avenue --has been bid as
a separate proposal in the amount of $667,789.59, plus engineering. Propos 1
"A" contract is in the amount of $1,026,828.45, plus engineering and repreAcnts
the cost of the remainder of the program. This leaves a shortage of
$159,512.88 which can be handled in one of two ways: (a) if the Revenue
Sharing Budget for street paving in the amount of $240,000 is approved,
a portion of these funds could be used, or in the alternative, (b) the
Council could eliminate projects from the priority list.
At the Work Session at 9:00 a.m, proceeding the Regular Meeting, City
Manager Larry Cunningham announced that it had been determined that the
funds would come from the Annual Assessment Paving Fund which was accepted
by the Council by consensus.
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.
Ordinance No. 7918
An ordinance to
lose all streets, alleys and utility Basemen
within the confines of Lots 7 - 11 Whis erwood Addition.
JWF:hw ORDINANCE NO. 7918 ,I
AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREETS,
ALLEYS AND PUBLIC EASEMENTS WITHIN LOTS 7-11, INCLUSIVE, WHISPERWOOD
ADDITION TO 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 STREETS, ALLEYS AND PUBLIC EASEMENTS;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
This request is necessary within the confines of Lots 7 - 11 as a part
of the replatting procedure.
Motion was made by Councilwoman Jordan, seconded by Councilman Aderton
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. I
[I]
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79-38E545-944 Ordinance No. 7919
(29)
An ordinance amending Section 13-1 of Article I, Chapter _13_of the Code
of Ordinances, amending the definition of a "food service establishment."
(Emergency Measure) ORDINANCE NO. 7919
AN ORDINANCE AMENDING SEC. 13--1 OF ARTICLE 1 CHAPTER 13 OF THE CODE
OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING THE DEFINITION
OF A "FOOD -SERVICE ESTABLISHMENT"; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR PUBLICATION AND DECLARING AN EMERGENCY.
The definition "food service establishment" was erroneously inconclusive
in the most recent amendment to the food sanitation ordinance; this amendment
is to correct this oversight.
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass said ordinance as an emergency measure. Motion carried: Mayor
West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay.
79-380545-945 Resolution No. 270
(30)
A resolution authorizing the Mayor to sign a revised agreement with Texas
Tech University for the construction of dressing rooms in the Municipal
Coliseum. _
LGB:c1
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 revised agreement
between the City of Lubbock and Texas Tech University for the construction
of two additional dressing rooms in the Municipal Coliseum, 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 13th day of September ._ ,1979.
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelyn Gaffsa
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Lawrence Banks
Lawrence Banks
Administrative Assistant, Community Facilities
APPROVED AS TO FORM:
/s/ Leon Bean
Leon G. Bean, Assistant City Attorney
STATE OF TEXAS §
COUNTY OF LUBBOCK §
AGREEMENT
This agreement is made and entered into by the City of Lubbock, a home
rule municipal corporation, hereinafter referred to as "City," acting by and
through its duly authorized Mayor, and by Texas Tech University, an educational
institution of the State of Texas, hereinafter referred to as "Tech," acting by
and through its duly authorized President;
WITNESSETH:
WHEREAS, the coliseum in the Lubbock Municipal Auditorium -Coliseum is used
by Tech as its indoor sports arena by agreement with the City; and
- A
13 1979
WHEREAS, Tech's recent expansion of its athletic programs has resulted in
the need for two additional dressing rooms, for the coliseum to remain adequate
for Tech's use as an indoor sports arena; and
WHEREAS, the addition of these two dressing rooms would incidentally
benefit the City in its operation of the coliseum.
NOW THEREFORE, the City and Tech do hereby agree as follows:
I.
General Provisions. The City authorizes Tech to construct or have con-
structed two additional dressing rooms in the coliseum of the Lubbock Municipal
Auditorium -Coliseum, in accordance with the plans and specifications mutually
agreed upon by the parties, subject to the remaining conditions and covenants
of this agreement.
II.
Plans & S ecifications. Tech will submit all plans and specifications for
the proposed construction to the City for its approval, and no work shall be
commenced until that approval has been forthcoming. Any amendments to the
plans and specifications shall be similarly conditioned. The plans and specifi-
cations and any amendments thereto shall be incorporated into this agreement by
reference and shall be conditions and covenants of this agreement.
Consideration. The City will pay to Tech 18% of the total construction
cost, or $15,000.00, whichever is less, and Tech will pay the balance of the
construction cost. Tech expressly covenants that in the event of cost over-
runs, it will not be barred by law from completing the project, and that it
will complete the project as proposed or amended.
IV.
Payments. Tech shall have sole privity of contract with all laborers,
contractors and other workmen, and shall make all payments due them. The City
shall contribute its share upon demand by Tech. Tech shall have the options
of segregating the City's contribution from its funds, allocating such amounts
to any divisible portion of the job, and using separate contracts.
If!
Title. Legal title to all improvements shall remain with the City, sub-
ject to any rights of reverter which Tech may hold by separate agreement. Tech
shall hold equitable title in the two dressing rooms, proportional to their
contributions to the construction cost, and Tech shall never be charged an in-
crease in rental solely attributable to the dressing room improvements, other
than for operating expenses.
VI.
Permits. Tech covenants that all vark will be done in a good and work-
manlike manner and in accordance with all City codes. Tech further covenants
that it will require all laborers, contractors and other workmen to obtain
appropriate construction permits from the City.
VII.
Completion. Tech covenants that it will have the job materially com-
pleted and substantially ready for occupancy by January 1, 1980.
VIII.
Injuries. Tech covenants that it will hold the City harmless for any
damages, injuries or other liabilities arising at the construction site, caused
by Tech employees, and will require the contractor to provide adequate liability
insurance. Should the City be sued because of acts of the contractor, Tech
will subordinate to the City its rights as against the contractor under the
insurance policy or otherwise, as necessary to protect the City.
IX.
Liens. Tech covenants that no liens shall be filed against City property,
and should any attach, Tech will have them released at its expense within five
days time.
X.
Inspection. The City shall retain the right to inspect the job site and
the work thereon at its convenience for the purpose of determining compliance
with the other terms of this agreement.
SEP 13
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79-38A547-946
(31)
79-384 547-947
(32)
XI.
If any clause of the contractos held invalid, illegal, or inoperative,
for any reason, it is the intention of the parties hereto that the remaining
provisions, so far as possible and reasonable, shall be effective and fully
operative.
XI.. .
Place of Performance. The place of performance of this agreement shall
be Lubbock County, Texas.
Approved and executed this 13th day of September , 1979.
Attest:
/s/ Freda Pierce
Secretary, Board of Regents
Texas Tech University
/s/ Robert L. Pfluger
President Chairman, Board of Regents
Approved and executed this 13th day of September , 1979.
Attest:
/s/ Evelyn Gaffga
City Secretary
Approved as to Content:
/s/ Jim Weston
Director of Community Facilities
Approved as to Form:
/s/Leon Bean
Assistant City Attorney
City of Lubbock
/s/ Dirk West
Mayor
On August 9, 1979, the City Council approved an agreement between the City
and Texas Tech for the construction of two new dressing rooms (Resolution No.
232, 8/9/79). The text of Paragraph 8 in the agreement needs to be revised as
follows:
Injuries --Tech covenants that it will hold the City harmless
for any damages, injuries or other liabilities arising at
the construction site, caused by Tech'employees, and will
require the contractor to provide adequate liability insurance.
Should the City be sued because of the acts of the contractor,
Tech will subordinate to the City its rights as against the
contractor under the insurance policy or otherwise, as necessary
to protect the City.
Additionally, a savings clause (Paragraph 11) has been added.
Motion was made by Councilman McAlister, seconded by Mayor Pro Tem.
Henry to pass Resolution No. 270 reflecting the corrections in the
agreement. Motion carried: Mayor West, Mayor Pro Tem. Henry, Council-
woman Jordan, Councilmen Aderton and McAlister voting Yea; none voting
Nay.
Consider designation of a 2ortion of Lake 6 area of Yellowhouse Can on
Lakes as the Estebanico Historical Site.
In the Work Session of August 23, 1979, the Council gave formal approval to the
Parks & Recreation Board's proposal to designate a portion of the area adjoining
Lake 6 as the Estebanico Historical Site. Mr. Eric Strong, representing the Historical
Society, has requested that the term "site" be changed to "area". The area consists
of approximately 2.7 acres and is situated on the south side of the Lake just
east of Quirt Avenue, within which a waterfall is being constructed.
The motion was made by Councilman McAlister, seconded by Councilwoman Jordan to
designate the referenced area "The Estebanico Historical Area." Motion carried:
Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay.
Resolution No. 271
A resolution authorizing the Mayor to sign the Contractor's Certification
of Eligibility and related documents for the Young Adult Conservation
Corps Program.
:o
0 1979
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 a Contractor
Certification of Eligibility for the Young Adult Conservation Corps
Program, 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 13th day of September ,19,79.
s Dirk West
DIRK WEST, MAYOR _._._....._.__
ATTEST:
/s/ Evelyn Gaff a
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, Asst. City Attorney
i
TEXAS DEPARTMENT OF COMMUNITY AFFAIRS
CONTRACTOR CERTIFICATION OF ELIGIBILITY
General Instructions: No review of a proposed contract will be initiated
unless all contractor information and documentation required by this
form is submitted and approved in writing by the Department. Refer to
"Form Completion Instructions", Side B., Part VII.
REQUIRED CONTRACTOR IDENTIFICATION (PART I)
1. City of Lubbock_ Parks and Recreation 2. P.O. Box 2000
Full Legal Name of Contractor Address
3. Lubbock Texas 79457
City
State
Zip
(806) 762-6411, ext. 2660
4. Telephone: Area Code & Number!
REQUIRED CONTRACTOR INFORMATION AND DOCUMENTATION (PART II)
Document
Required Contractor Previously Attached
Information Description Submitted (X)
5. #17560005906008 X
State Comptroller Vendor Number
6. Organization's Articles of Incorporation
or Charter
7. Organization's By -Laws or Rules
8. Name(s), Title(s) and Documentation of X
Person(s) Dirk West, Mayor Authorized
To Sign A Contract With TDCA
9. Previous Audit X
10. Current Approved Fidelity Bond
(Expiration Date ) X
11. Documentation of Compliance With (Either/Or)
(Total Number of Employees In Organization )
A. TDCA HRA 1, 2, 3
B. Federal EEO-4 or 6 X
C. AAP
For additional requirements, see Part VIII.
1
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REQUIRED CONTRACTOR ACCOUNTING SYSTEM STATEMENT (PART III)
City of Lubbock
I am the chief financial officer of Parks and Recreation (name of contractor) and
in this capacity, I will be responsible for providing financial services adequate to
ensure the establishment and maintenance of an accounting system for the organization.
The accounting system and internal control procedures will be adequate to safeguard the
assets of this agency, check the accuracy and reliability of accounting data, promote
operating efficiency, and will assure compliance with prescribed management policies
of the agency.
Date Signed
John H. Alford
Name of Financial
Officer
Form Approved:
/s/John H. Alford /s/Leon Bean
Signature of Asst. City Atty.
Financial Officer
REQUIRED CONTRACTOR CERTIFICATION (PART IV)
I, hereby, certify all information on this form and documentation which is attached
to be correct and true.
Dirk West Mayor /s/ Dirk West 9/13/79
Name and Title of Person Certifying For Proposed Signature Date Signed
Contractor
A.
RECOMMENDATION (PART V)
I have reviewed all information and documentation submitted by_
(Proposed Contractor's Name) and recommend approval/disapproval
as eligible for contracting with TDCA.
of proposed contrac
B. (To be completed only if disapproval is recommended) Disapproval is recommended bas
on deficiencies in information/absence of documentation for the following items:
ITEM
COMMENT
Date Signed Division Director Signature
APPROVAL/DISAPPROVAL (PART VI)
Proposed Contractor is recommended approved/disapproved as eligible for contracting
with the Texas Department of Community Affairs.
Date Signed
Deputy Director's Signature
FORM COMPLETION INSTRUCTIONS (PART VII)
Item Instruction
I-4 Self Explanatory
5 Correct Vendor I. D. Number as assigned by the State Comptroller's Office. If
organization does not have a number, evidence of application will be considerec
as temporary. -.documentation.
6 Submit copy of the most current articles of incorporation (as amended, if amens
on file with the Secretary of State's Office, for corporate (profit and-nonprof
organizations. Submit copy of current charter or constitution (as amended,
if amended) on file with the Secretary of State's Office, for labor unions. Tf
item applies only to corporate (profit and non-profit) organizations and labor
unions.
7 Copy of bylaws/rules currently used. This item applies only to corporate (prof
and nonprofit) organizations, regional planning councils organized and operatin
pursuant to TEX. REV. CIV. STAT. ANN. art. 1011.m, and labor unions.
8 A certification executed by those officers or employees of the organization hav
the authority to carry out the performance contemplated by a contract and which
designates the person or persons who can execute the contract on behalf of the
organization and legally bind the organization to the terms of the contract.
9 If organization has contracted with TDCA under a contract which terminated with
the past two years, submit a copy of the financial audit conducted on that con-
tract if such an audit was performed and, if such audit has been completed.
Otherwise, submit organization's most recent general financial audit.
10 The fidelity bond must be in an amount prescribed by the contract and otherwise
accordance with the terms of the contract applicable to bonding, if the contrac
prescribes any requirements relating to bonds. If the contract does not prescr
any bonding requirements, the fidelity bond must be for a minimum of $10,000 or
an amount equal to the proposed contract, if less than $10,000.
so
13 1979
*Contract is
filed with
original
resolution.
79-38L 550-948
(33)
M
11 This item does not apply to an organization with less than 15
employees.
ADDITIONAL ELIGIBILITY REQUIREMENTS (PART VIII)
The following additional items are required for this proposed
contract:
Previously Attached
Submitted W
12.
13.
14.
i
On June 14, 1979, the Council authorized the submission of an application
for $196,000 Young Adult Conservation Corps Grant (Resolution No. 183, 6/1 /79).
These grant funds will provide temporary workers and the purchase of matey als
for construction of hike and bike trails and for cleaning up the Canyon
Lakes area. The Parks Department has been advised that the grant in the
sum of $98,000 has been approved effective October 1, 1979.
Mr. John Alford, Parks Department Chairman, appeared and indicated that
these were continuing funds, that is, if the City does an outstanding
job in this project, they would be subject and eligible for additional
funds next year; that the TDCA is the administrator of the funds; that
the recruiting will be through the Texas Employment Commission, and the
workers are covered by the Federal Workman's Compensation Act and paid
directly through the Oklahoma City regional office.
The motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister
to pass Resolution No. 271. Motion carried: Mayor West, Mayor Pro Tem
Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea;
none voting Nay.
Resolution No. 272
A resolution authorizing the Mayor to execute a dedication deed for
the reservoir at 82nd and Memphis. ..
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
DEDICATION DEED in favor of Lubbock County, Texas, a political subdivision
of the State of Texas, attached herewith which shall be spread upon the
minutes of the Council and as spread upon the minutes of this Council
shall constitute and be a part of this Resolution as if fully copied
herein in detail.
Passed by the City Council this 13th day of September , 1979.
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST: J
/s/ Evelyn Gaff a
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ John C. Ross, Jr. _
John Ross, Jr., City Attorney
APPROVED AS TO CONTENT:
/s/ Wilford D. Watson
Wilford D. Watson, City Engineer ,I
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THE STATE OF TEXAS §
DEDICATION DEED
COUNTY OF LUBBOCK §
THIS is to certify that the CITY OF LUBBOCK, Texas, a Home Rule Municipal
Corporation, of the County of Lubbock, State of Texas, is the sole owner of
a tract of land more particularly described as follows, to -wit:
METES AND BOUNDS DESCRIPTION for the plat limits of Lot 404
Melonie Park South, an Addition to the City of Lubbock,
Lubbock County, Texas, being further described by metes and
bounds as follows:
BEGINNING at a point which is the Southeast corner of the
Southwest Quarter of Section 11, Block E-2, Lubbock County,
Texas;
THENCE South 899 59' 40" West a distance of 350.00 feet;
THENCE North 000 01' 10" East a distance of 650.00 feet;
THENCE North 89° 59' 40" East a distance of 350.00 feet;
THENCE South 00° O1' 10" West a distance of 650.00 feet to
the Point of Beginning.
CONTAINS: 5.22 acres.
and hereby plats the above described property into lots and blocks,
designating streets, alleys and other public properties,as thereon
shown in accordance with the attached map, prepared by Tommie E.
Anderson, a licensed surveyor for the State of Texas, on the 17th
day of July, 1979, and approved by the Planning Commission of
the City of Lubbock on the 5th day of September, 1979, and desiring
to have the said property platted and duly filed for record as
required by law all as shown on the attached map; NOW THEREFORE,
KNOW ALL MEN BY THESE PRESENTS: That for and in consideration
of the special benefits to the remainder of its property it does here-
by DEDICATE all the streets, alleys and other public properties there-
on shown and designated upon said map to the PUBLIC for PUBLIC USE
FOREVER; and by these presents, does impress the name of Lot 404,
Melonie Park South, an Addition to the City of Lubbock, Lubbock County,
Texas, upon said property for the correct reference and description
thereto by lots and blocks as indicated upon the attached map, and
does hereby adopt the name hereinabove stated and impress the same
upon said land, incorporating said map as a part of this dedication.
WITNESS ITS HAND this the 13th
Approved as to form:
/s/ John C. Ross, Jr.,
John C. Ross, Jr., City Attorney
ATTEST:
day of September , A.D., 1979.
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
(SEAL)
THE STATE OF TEXAS
COUNTY OF TEXAS
CITY OF LUBBOCK
BY: /s/ Dirk West
DIRK WEST, MAYOR
BEFORE ME, the undersigned authority, a Notary Public in
and for said 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 exe-
cuted the same as the act and deed of the CITY OF LUBBOCK and as
MAYOR, for the purposes and consideration therein expressed, and
in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 17th day of
September , 1979.
/s/ Jackie Suter
Notary Public, Lubbock County, Texas
;)52
EP i 3 1979
79-4-552-949
(34)
This dedication deed is for the dedication of the streets and plat
at the pump station and reservoir site.
Motion was made by Councilman Aderton, 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.
Ordinance No. 7920
Ana ro riation ordinance from Water Capital Project Fund for power
lines in Sandhills Well Field.
FORM L-2
AN APPROPRIATION ORDINANCE
ORDINANCE NO. 7920
WHEREAS, the City Council of the City of Lubbock finds it is
necessary to appropriate certain specific funds for an approved
project;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described
fund, to wit: Water Capital Project Fund
The sum $406,000.00
For the following purpose: Construct power lines in Sandhills
well field for ten (10) wells.
AND IT IS SO ORDERED
Passed by the Council on first reading this 13th day of September
1979. '
Passed by the Council on second reading this day of
1979.
ATTEST:
Evelyn Gaffga, City Secretary-Treas.
MAYOR
VERIFIED BY: /s/Rod Bouffard
FINANCE OFFICER
APPROVED BY: /s/Wilford Watson/Water Utilities
HEAD OF DEPT. DEPT.
The estimated cost of construction of the power lines for 10 wells in
the Sandhills Well Field is $406,000; the construction will be done
by LP&L crews.
Motion was made by Councilman McAlister, seconded by Councilman Aderton
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.
79-38=552-950 Consider accepting the Camelot Lift Station and authorizing final
(35) payment to the contractor.
The contract cost for this lift station is $94,396.84; the final cost
is $94,632.02; the contractor's final payment is in the amount of
$9,463.20.
The motion was made by Councilwoman Jordan, seconded by Councilman
McAlister to accept the referenced improvements and authorize final
payment. Motion carried: Mayor West, Mayor Pro Tem Henry, Council-
woman Jordan, Councilmen Aderton and McAlister voting Yea; none voting
Nay.
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CEP 1319
79-380-553-951
(36)
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79-38p553-952
(37)
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Resolution No. 273
A resolution authorizing the City Manager to execute an application_
for unbudgeted Criminal Justice funds for a Crime Prevention Program.
DGV:cl
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Manager of the City of Lubbock BE and is hereby authorized and
directed to make application for and on behalf of the City of Lubbock for
Criminal Justice Project funds for the 1980 Crime Prevention Project of the
City of Lubbock.
Passed by the City Council this 13th
ATTEST:
/s/ Evel n Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
day of September ,1979.
/s/ Dirk West
DIRK WEST, MAYOR
/s/ Donald G. Vandiver
Donald G. Vandiver, First Asst. City Attorney
Motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Jordan
to pass said resolution. Mayor West, Mayor Pro Tem Henry, Councilwoman
Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay.
Resolution No. 274
A resolution authorizing the Mayor to execute a contract with the
outside auditors to perform an audit on the Lubbock Transit System
for the years ending 1975 and 1976.
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 13th day of September ,1979.
/s/ Dirk West
DIRK WEST, MAYOR
ATTEST:
/s/ Evelm Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Rod Bouff and
for Sterling K. Miller, Finance Director
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Asst. City Attorney
3354
7 P 1 3 1979
STATE OF TEXAS §
GRANT AUDIT AGREEME
COUNTY OF LUBBOCK §
THIS AGREEMENT made and entered into this 13th day of
1979, between the City of Lubbock, Texas, hereinafter referred to
CITY, and Mason, Nickels & Warner, Certified Public Accountants,
Lubbock, Texas, hereinafter referred to as ACCOUNTANT.
WITNESSETH:
as
of
WHEREAS, the parties hereto did enter into an agreement on the
28th day of August, 1975, wherein ACCOUNTANT did agree to perform certain
audit examinations 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 following Federal or State Grant projects operated by CITY:
A. The audit of American Transit, Inc., in connection with the
Transit Operational Assistance grants for 1975 and 1976 under
Grants No. TX 05--4009 and amendments for the year ended September`
30th, 1975; and No. TX 05-4021 and amendments for the year ended �I
September 30, 1976, which audits 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
specified due date.
3. ACCOUNTANT further shall deliver 10 copies of each audit report
to the CITY upon completion of said work and shall review audit reports
and management letters with appropriate CITY officials before filing
them with the grantor agencies.
II.
COMPENSATION
1. The CITY agrees to pay ACCOUNTANT for services rendered under
this agreement according to the following schedule:
Executive
Supervisor
Senior Accountant
Junior Accountant
Clerical
$35.00 per hour
$22.00 per hour
$16.00 per hour
$13.00 per hour
$8.00 per hour
2. It is further agreed, however, that the maximum cost to the
CITY for audit services rendered shall be as follows:
American Transit, Inc. $1,500.00
and under no circumstances shall the hourly charges heretofore set
forth exceed the maximum amount specified herein for each audit.
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.
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SEP13197,
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IV.
COOPERATION OF CITY
The CITY agrees to make available to ACCOUNTANT at the expense of the E
CITY the printing facilities of the CITY for use by ACCOUNTANT in preparing
reports contemplated herein. The CITY also will cooperate with ACCOUNTANT f
in making its records and personnel available to ACCOUNTANT for the purpose
of his work under this agreement.
V.
rTTTnL'T TTTrC
ACCOUNTANT agrees to conduct the audits which are the subject of this
agreement in accordance with all applicable Federal or State guidelines or
audit procedures.
VI.
TERMINATION
This agreement shall terminate upon delivery of the audit reports as re-
quired by Section 1, paragraphs 2 and 3, of this agreement.
MASON, NICKELS & WARNER: CITY OF LUBBOCK:
/s/ Larry Anderson /s/ Dirk West
PARTNER DIRK WEST, MAYOR
ATTEST: ATTEST:
/s/ EvelynGaffga
Secretary Evelyn Gaffga,
City Secretary -Treasurer
APPROVED AS TO CONTENT:
/g/ Rod Bouffard
for Sterling K. Miller,
Director of Finance
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver,
First Asst. City Attorney
UMTA has requested the auditors perform the audit for years ending 1975 and j
1976.
The motion was made by Councilman McAlister, seconded by Councilwoman Jordan
to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry,
Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting
Nay.
79-38A555-953 Consider authorizing the staff to negotiate for architectural services
(38) for remodeling of transit facilities.
With the approval of the City's Capital Assistance Grant TX-05-0039, notice
was published July 8, 1979 for proposals for architectural services for the
new transit facilities. Thirteen proposals were received, to -wit:
1. Bob L. Ford
Architect -Engineer
2. Whitaker and Hall
Architects & Engineers
3. McMurtry & Craig
Architects & Engineers
4. Ford - Sebring
Associated Architects
5. Roberts - Johnson
Architects & Engineers
6. Billingsley & Stracener
Architects & Engineers
7. Ron D. Beard
Architect
8. Charles R. Freeburg, Associates
Architectural -Engineering, Planning
9. Bill Cantrell Planners, Inc.
10. Tisdel & Adling
Architects & Engineers
11. BGR Architects - Engineers
Brasher, Goyette, and Rapier
12. Atcheson, Cartwright & Associates
Architects & Engineers
13. Fraser, Tanner, McLain
Architects & Engineers
i5f
EP1979
T'
79-38a556-954
(38a)
w
The Architect Selection Committee was composed of Jim Blagg, Assistant
City Manager, Jim Bertram, Director of Planning, Jim Weston, Director
of Community Facilities, Fire Chief Tom Foster, John L. Wilson, Chairman
of Transit Department, and City Manager Larry Cunningham, all proposals
being reviewed on the basis of: (1) personnel qualifications, (2) experience
of firm, and (3) methodology. Much emphasis was given to the previous
work involving renovation of vehicle maintenance -type facility and energy
conservation considerations. The four best qualified were, in the order
of the Committee's selection:
1. BGR Architects - Engineers
2. Whitaker and Hall
3. Atcheson, Cartwright & Associates
4. Bob L. Ford
1
BGR was rated higher in each category due to the firm's in-house capability
to handling all aspects of such a project, i.e. mechanical, electrical,
structural engineering; additionally, BGR has extensive experience in
renovation projects, the most recently completed project being a vehicle
service facility in Austin, Texas.
Discussion then ensued as to the consideration given to those architectural
firms being cut from the final selection for whatever reasons may be
considered, and the importance of giving them an opportunity from time
to time to work on various City projects; additionally, discussion reflect-d
the need for the various proposals to be considered by the respective
Board or Commission involved. City Manager Larry Cunningham requested
the Council submit to them, for the future, criteria that a selection
committee should use in the determination of the best proposal for architectural
services; that when federal funds are used, the guidelines are spelled
out by the federal agency disbursing the funds.
Following discussion, the motion was made by Councilman McAlister to
accept the recommendation of the Selection Committee--BGR Architects -
Engineers. The motion died for lack of a second.
The motion was then made by Councilwoman Jordan, seconded by Mayor Pro
Tem Henry directing the staff to include in the criteria for future
selections the provision that in the event the number one selection
has been involved in a City project in the immediate past, the number
one runner-up be selected, it being the intent to spread among the various
firms the opportunity to work on City projects. In other words, the
application of the "Southwest Conference Rule" should prevail. Motion
carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Council-
men Aderton and McAlister voting Yea; none voting Nay.
The motion was then made by Councilman McAlister, seconded by Councilwoman
Jordan to accept the recommendation of the Selection Committee--BGR
Architects -Engineers. Motion carried: Mayor West, Mayor Pro Tem Henry,
Councilwoman Jordan and Councilman McAlister voting Yea; none voting
Nay; Councilman Aderton abstaining.
Ordinance No. 7921
An ordinance establishing the tax rate for 1979-80.
JCR:hw
ORDINANCE NO. 7921
AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX UPON ALL PROPERTY
SUBJECT TO TAXATION WITHIN THE CITY OF LUBBOCK, TEXAS, FOR THE YEAR
1979; APPORTIONING SAID LEVY AMONG THE VARIOUS FUNDS AND ITEMS FOR WHICH
REVENUE MUST BE RAISED: FIXING THE TIME IN WHICH SAID TAXES BE PAID
AND ASSESSING PENALTY AND INTEREST FOR NON-PAYMENT OF SUCH TAXES WITHIN
THE TIME PROVIDED.
The proposed tax rate for the 1979-80 fiscal year is $1.12, to -wit:
39¢ for Interest and Sinking Fund
684 for General Fund
54 for BCD
Motion was made by Councilman McAlister, seconded by Councilman Aderton
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.
79-38E556-955 Bid No. 5474 for traffic paint (warehouse stock).
(39)
Items 1, 2
Pinkley & Associates,
Oklahoma City, Oklahoma
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79-38&557-955 Bid No. 5465 for street lighting equipment (warehouse stock). f
Item 1 Nunn Electric Supply Corp.,
Lubbock
Items 2 & 5 Westinghouse Electric Supply Co.,
Lubbock
Item 3 Graybar Electric Company, Lubbock
Item 4 Cancelled
Items 6, 9, & 10 Temple, Inc., Lubbock
Item 7 C. B. Anderson, Lubbock
Item 8 Cancelled
79-381557-957 Bid No. 5461 for miscellaneous water items -(warehouse stock).
(41)
Items 1-5, incl. Southwest Meter & Supply Company,
and 12-22, Incl. Marshall, Texas
Item 6 Ford Meter Box Company,
Wabash, Indiana
Items 7 & 9 Western Industrial Supply Company,
Lubbock
Items 8, 10, & 11 Trans -Tex Supply Company,
Arlington, Texas
79-38&557-958 Bid No. 5470 for steel pipe and plate (warehouse stock).
(42)
Low Bid, Items 1-5, incl. L. B. Foster Co., Lubbock
Low Bid, Items 6-9, incl. . Lubbock Steel & Supply, Lubbock
79-38'557-959 Bid No. 5472 for miscellaneous electrical items (warehouse stock).
(43)
Items 1, 5, 6, & 7 General Electric Supply Co.,
Lubbock
Item 2 Southwestern Electric Supply Co.,
Lubbock
Item 3 Westinghouse Electric Supply Co.,
Lubbock
Item 11 C. B. Anderson Company, Lubbock
79-38A557-960 Bid No. 5475 for fire hydrants and valves (warehouse stock).
Items 1-7, 11 M. B. McKee Company, Lubbock
Items 9, 10, 12-15, incl. Western Industrial Supply Company,
Lubbock
79-380-557-961 Bid No. 5477 for cast iron fittings (warehouse stock).
(45) - -
Low Bid Western Industrial Supply,
Lubbock ($3,728.41)
79-38L557-962 Bid No. 5493 for sewer pipe and fittings (warehouse stock).
(46)
Low Bid Fields & Company, Lubbock
($33,334.28)
79-384-557-963 Bid No. 5444 for miscellaneous radio equipment (Radio Shop).
Low Bid General Electric Mobile Radio
Department, Lubbock ($187,748--
lot price for all items)
79-38L557-964 Bid No._5482 for fire hose dryers (Fire Dept.)
Low Bid Halprin Supply Company,
Los Angeles, California
($5,570)
79-39557-965 Bid No. 5484 for 2ainting (Tax Office) (Revenue Sharing).
(49)
Low Bid Arthur Lopez, Lubbock
($4,150)
p 1 3 1979
;L558-966
Bid No. 5462 for 1979_Paving Program
and authorize same. (Annual
;50)
Assessment Paving Funds)
Low Bid
Kerr Construction Company,
Lubbock ($1,694,618.04)
P558-967
Bid No. 5459 for one 60-cellbattery,
battery rack and battery charger
51a)
(LP&L Distribution).
Low Bid
Exide Batteries, Dallas
($6,166)
-558-968
Ordinance No. 7922
L
51b)
An appropriation ordinance from the Electric Light and Power_ System Revenu
Bond Fund for battery,battery rack
and battery char er (Bid #5459).
FORM L-2
ORDINANCE NO. 7922
AN APPROPRIATION
ORDINANCE
L
WHEREAS, the City Council of the
City of Lubbock finds it is
necessary to appropriate specific funds
out of bond funds for an approved
project;
79-381558-969
(52a)
79-38L558-970
(52b)
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described bond
fund, to wit: ELECTRIC LIGHT AND POWER SYSTEM REVENUE BOND FUND
The sum $6,166.00
For the following purpose: For purchase of batteries, battery rack,
and battery charger to operate new breakers at Co-op substation.
AND IT IS SO ORDERED
Passed by the Council on first reading this 13th day of September, 1979.
Passed by the Council on second reading this day of , 19 9.
A TTEST:
CITY SECRETARY -TREASURER
MAYOR
VERIFIED BY:_/s/ Sterling K. Miller _
FINANCE OFFICER
APPROVED BY: /s/ Carroll McDonald
HEAD OF DEPT.
Bid No. 5429 for 36-138 KV steel pole structures and authorize same (LP&L
Distribution).
Low Bid Meyer Industries Division of ITT,
Red Wing, Minnesota ($340,146)
Ordinance No. 7923
An appr02riation ordinance from the Electric
Bond Fund for 36-138 KV steel_pole structures
FORM L-2
ght and Power
Bid #5429).
AN APPROPRIATION ORDINANCE
tem
ORDINANCE NO. 7923
WHEREAS, the City Council of the City of Lubbock finds it is
necessary to appropriate certain specific funds out of bond funds
for an approved project;
N OW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described bond
fund, to -wit: ELECTRIC LIGHT AND POWER SYSTEM REVENUE BOND FUND
r
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79-384559-971
(53)
79-38&559-972
(54)
79-384-559-973
(55)
79-39559-974
(56)
79-384-559-975
(57)
79-38-559-976
(58)
79-38&559-977
(59)
The sum $340,146.00
For the following purpose: For purchase of 36 steel poles for the transmission
line from Holly generating station to Co-op substation.
AND IT IS SO ORDERED
Passed by the Council on first reading this 13th day of Se2tember , 1979 .
Passed by the Council on second reading this day of , 1979 .
MAYOR
ATTEST:
VERIFIED BY: /s/ Sterlin K. Miller
CITY SECRETARY -TREASURER FINANCE OFFICER
APPROVED BY: /s/ Carroll McDonald
HEAD OF DEPT.
The motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to approve all of the above referenced bids, to pass Ordinance 7922
and Ordinance 7923 on first reading. Motion carried: Mayor West, Mayor
Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay.
Consider one a2pointment to the LUBBOCK PUBLIC TRANSIT ADVISORY BOARD to
fill the unexpired term of Rev. E. C. A1da a who has resigned.
Consider one appointment to the PLUMBING BOARD to fill the unexpired term
of Burl Kizer. Mr. Kizer has resigned for reasons of health.
Consider one appointment to the ELECTRIC UTILITIES _B0ARD, to fill the
une ired term of Ernest Barton who has resigned.
Categories are:
(Ord. #7723)
the URBAN DESIGN COMMISSION_
Arcnitecture, History of Political
Science, and Sociology and Anthropology
Consider reappointment of Kenneth Horne to the CIVIC CENTERS BOARD.
Consider two appointments to the PUBLIC RESPONSIBILITY COMMITTEE MHMR.
Consider two appointments to the HUMAN RELATIONS COMMISSION to fill the
une ired terms of Homero Rodriguez and Mariano Garcia, who have resign
W
These items were tabled and will be considered at the September 27, 1979 Regular
Meeting of the City Council.
There being no further business, the motion was made by Councilwoman Jordan,
seconded by Mayor Pro Tem Henry to adjourn at 5:07 p.m. Motion carried: Mayor
West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister
voting Yea; none voting Nay.
ATTEST:
CITY SECRET Y-TREASUR
READ AND APPROVED THIS THE 27th DAY OF September 1979.
MA..
3
ATTEST:
CITY SECRE ARY-TREASURER