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HomeMy WebLinkAboutMinutes - City Council - Regular - 9/13/19795i7 CEP 1 3 29 w 79-384517-912 ( 1) 79-38P-517-913 ( 2) 79-38'9517-914 ( 3) 79-384517-915 ( 4) 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 ( 6) 79-3d' 518-919 ( 7) 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). LGB:hw ORDINANCE NO. 7901 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2244; CHANGE LOTS 15, 16 AND 17, BLOCK 41, OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-2 TO C -2 (DH) ZONING DISTRICT; DESIGNATING A LANDMARK THEREON; IDENTIFYING CERTAIN EXTERIOR ARCHITECTURAL FEATURES OF THAT LANDMARK; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 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). LGB:hw ORDINANCE NO. 7904 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK, ZONE CASE NO. 2118-B, CHANGE A TRACT OF LAND OUT OF SECTION 15, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, BY AMENDING THE SITE PLAN MADE A PART` THEREOF; PROVIDING FOR A PENALTY AS PROVIDED IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 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). LGB:hw 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. r 519 SEP I 19i 79-38'i519-921 Ordinance No. 7906 - Zone Case No. 2247 ( 9) 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). LGB:hw ORDINANCE NO. 7906 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2247; CHANGE A TRACT OF LAND OUT OF SECTION 78, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, BY AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; 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. LGB:hw 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. JWF:hw ORDINANCE NO. 7911 AN ORDINANCE ABANDONING AND CLOSING A TRANSFORMER PAD EASEMENT LOCATED IN LOT 55, APRIL PARK ADDITION, AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION. Resolution No. 263 A resolution authorizing the Mayor to execute a Quit Claim Deed to Roy Middleton. JWF: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 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 31 k- 11 5ti, SEP13?7 79-38)521-926 (14) a a 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. a t- r Jtik SEP1?197C 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] SEP1U197.( ft 0" 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 r w w 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 J d 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 SEP1r" r r F r 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. I Li I L1. S E P 1 0 11 r r 79-4 541-940 (25) r 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 F r 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 i 1979 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] 7 r r r F 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 F1 fl r r r 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 4L, 'SEP i 3 r r r R 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 1 F 1 LJ 55 SEP 1 J 19i .r VP WP 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. r 55 CEP 1319 79-380-553-951 (36) w 79-38p553-952 (37) V* M rf 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. r i L- L 55 SEP13197, r, W 1W r. 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 E r r L ,r'--)5 - SEP1J19 r. ft IM rM 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 SEP 1 u L 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