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HomeMy WebLinkAboutMinutes - City Council - Regular - 8/10/1989636 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING 4&&U3T lO, 1989 The City Council of the City of Lubbock, Texas met in regular session on the IOth 6a« of August, 1989 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at lO:OO A.M. Present: Mayor B. C. McMinn, Mayor Pro Tem Joan Baker, Councilman T. J. Patterson, Councilman Bill Maloy, Councilman Gary Phillips, Councilman George Carpenter, Councilwoman Maggie Tre'V, City Manager Larry J. Cunningham, City Attorney John C. Rosa, Jr', and City Secretary Ranette Boyd. Mayor McMinn called the meeting to order at 10:00 A.M. ( I'� The Invocation was given by City Manager Larry J. Cunningham. 2'\ The Pledge of Allegiance was given in unison by those in the Council Chambers. � 3'\ Motion was made by Councilman Patterson, seconded by Councilwoman Tre'o to approve the Minutes of the July 27, 1989 Regular City Council meeting as written. Motion carried: 7 Yeas; O Nays. 89-48B-636-470 4.) Presentation of Certificate of Appreciation to Lubbock Colt League All Stars. The City Council presented a Certificate and gifts of appreciation to Coach Bob Anderson and participants of the Lubbock Colt League All Stars who won the Sectional Tournament in Amarillo on July I5° 1989, the Regional Tournament in Carrollton, Texas on July 22, 1989, and progressed to the South Zone Tournament in Alvin, Texas. 89-488-636-*471 ( 5-\ ORDINANCE #9294--Amending Chapter 28 of the Code of Ordinances of the City of Lubbock, Texas with reaard to wastewater requlations. ORDINANCE #9294 AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO WASTE WATER REGULATIONS BY ENACTING 8 NEW ARTICLE III THERETO: PROVIDING A PENALTY; PROVIDING A | 1 SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. , - Motion was made by Councilman Patterson, seconded by Councilman Maloy to pass on second and final reading Ordinance #8294' Motion carried: 7 Yeas; 0 Nays' August 10, 1989 Page 637 ( 6.) ORDINANCE #9295--Zone Case #2632 (1709 44th Street) --Request of M & M Auto Sales for zoning change from R-2 to C-4 on Lot 2C, Block 5, Syfrett Subdivision. ORDINANCE #9295 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2632; A ZONING CHANGE FROM R-2 TO C-4 ZONING ON LOT 2C, BLOCK 5, SYFRETT SUBDIVISION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Patterson, seconded by Councilman Maloy to pass on second and final reading Ordinance #9295. Motion carried: 7 Yeas; 0 Nays. 89-48B-637-473 ( 7.) ORDINANCE #9299--Zone Case #1172-A (202 Avenue S)--Request of Troy and Melam Bowers (for Gabriel Nunez and James Tokar) for zoning change from R-1 and C-3 to C-4 on Lot 1 and the north 30' of Lot 2, Block 28, Beck Subdivision. ORDINANCE #9299 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1172-A; A ZONING CHANGE FROM R-1 AND C-3 TO C-4 ZONING ON LOT 1 AND THE NORTH 30' OF LOT 2, BLOCK 28, BECK SUBDIVISION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Patterson, seconded by Councilman Maloy to pass on second and final reading Ordinance #9299. Motion carried: 7 Yeas; 0 Nays. 89-48B-637-474 ( 8.) ORDINANCE #9296--Zone Case #2634 (5124 69th Street {rear} and 5126 69th Street {rear}) -- Request of John D. Abney for zoning change from C-4 to C-4 Specific Use (for a 250' radio tower) on a portion of Tract Q, Fiesta Autoland Addition. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2634; A ZONING CHANGE FROM C-4 TO C-4 SPECIFIC USE PERMIT FOR A 250' RADIO TOWER ON A PORTION OF TRACT Q, FIESTA AUTOLAND ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Patterson, seconded by Councilman Maloy to pass on second and final reading Ordinance #9296. Motion carried: 7 Yeas; 0 Nays. August 10, 1989 Page 638 89-48B-638- 475 ( 9.) ORDINANCE #9297-- Zone Case #2261-B(South of SW Loop 289 and Chicago Avenue) --Request of Henry L. Huneke (for H.A.Sessio A-1 to GO and C-2A to Section 28, Block E-2. ORDINANCE #9297 ns) for zoning chan C-2 on tracts out o AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2261-B; A ZONING CHANGE FROM A-1 TO GO AND C-2A TO C-2 ZONING ON TRACTS OUT OF SECTION 28, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Patterson, seconded by Councilman Maloy to pass on second and final reading Ordinance #9297. Motion carried: 7 Yeas; 0 Nays. (10.) ORDINANCE #9298--Zone Case #922-B (Southeast corner of 50th Street and Avenue Q)--Request Henry L. Huneke (for N.A. Sessions and Double Corporation) for zoning change from R-1 Speci Use to C-4 on Lots 1 and 2. Huneke Addition. ORDINANCE #9298 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 922-B; A ZONING CHANGE FROM R-1 SPECIFIC USE TO C-4 ZONING ON LOTS 1 & 2, HUNEKE ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Patterson, seconded by Councilman Maloy to pass on second and final reading Ordinance #9298. Motion carried: 7 Yeas; 0 Nays. (11.) Ordinance #9300--ZONE CASE #1658-B (south side of Main Street - Avenue X to University Avenue) -- Request of the Planning and Zoning Commission for zoning change from C-4 to C-2 on Lots 1-12, Block 99 Overton Addition. ORDINANCE #9300 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1658-B; A ZONING CHANGE FROM C-4 TO C-2 ZONING ON LOTS 1-12, BLOCK 99, OVERTON ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. On first reading this case was passed as "C-2" with a directive that Staff look at restricted "C-4" uses before second reading. A written analysis with Planning Staff recommendations that allow 33 permitted "C-4" uses was provided to Council. August 10, 1989 Page 639 Councilman Carpenter requested to abstain because of perceived conflict of interest. It was consensus of Council to allow this abstention. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Phillips to uphold the Planning and Zoning Commission recommendation and pass on second and final reading Ordinance #9300. Motion carried: 6 Yeas; 0 Nays; 1 Abstention -- Councilman Carpenter. 89-48B-639- 478 (12.) ORDINANCE #9301--Adopting the Proposed 1989-90 Budget. ORDINANCE #9301 AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR FISCAL YEAR 1989-90; APPROVING REVISED BUDGET FIGURES FOR FISCAL YEAR 1988-89; PROVIDING FOR NECESSARY TRANSFERS OF FUNDS BETWEEN ACCOUNTS AND DEPARTMENTS, IF REQUIRED; PROVIDING INCREASED REVENUES AS REFLECTED IN SAID BUDGET BY REVISING MINIMUM WATER RATES AS CONTAINED IN SECTIONS 28-52 AND 28-53 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK; PROVIDING INCREASED REVENUES AS REFLECTED IN SAID BUDGET BY REVISING SECTION 23-66(A)(1) AND (2) OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK INCREASING CERTAIN RATES FOR GARBAGE AND TRASH COLLECTION AS SET FORTH IN SAID SECTION; PROVIDING INCREASED REVENUES AS REFLECTED IN SAID BUDGET BY REVISING DUMPING RATES AT THE CITY SANITARY LANDFILL BY REVISING SECTION 23-21(b) OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK; AND APPROPRIATING FUNDS FOR THE 1989-90 FISCAL YEAR BUDGET OF THE CITY OF LUBBOCK; AND PROVIDING A SAVINGS CLAUSE. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to pass on second and final reading Ordinance #9301, tied to approval of the draft C.A.R.E. Contract provided to Council. Motion carried: 6 Yeas; 1 Nays -- Councilman Phillips. (13.) Consider Resolution #3171 accepting storm sewer improvements constructed by Lee Lewis General Contractor, Inc. in King's Gate North Addition, Lots 4-7. RESOLUTION #3171 RESOLUTION ACCEPTING STORM SEWER DRAINAGE IMPROVEMENTS AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of King's Gate North, Lots 4-7 made arrangements with Lee Lewis General Contractor, Inc. and Hugo Reed and Associates, Inc. for the construction of storm sewer drainage improvements in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition including the following: 48" and 36" storm sewer construction in King's Gate North Addition known as Unit No. 2034-17; and WHEREAS, the construction of the above improvements 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; NOW THEREFORE: August 10, 1989 Page 640 11111,11,1414 SECTION l' THAT the improvements be and the same are harm6« accepted and the City Engineer be and he is hereby authorized to notify the developer of acceptance by the Lubbock City Council. SECTION 2' THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 10th day of August, 1989. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, City Engineer CONSTRUCTION B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney CONSOLIDATED FINAL COST KIN8'3 GATE NORTH LOTS 4-7 UNIT DESCRIPTION 2034-17 Storm sewer drainage improvements including 452 L. F. of 48o I' D. RCP" 264 L. F. of 36" I. D. RCP and all related work to construct in place as per Hugo Reed Plana (2D-584 A&B)- CONSTRUCTION COST $ 81,925'57 COST DISTRIBUTION Construction Developer Cost Cost $ 81,925'57 $ 81,925-57 Cost furnished by Hugo Reed and Associates, Inc. This is a routine acceptance of storm sewer improvements required at the time of platting this subdivision and the carrying out of an approved "Cut and Fill Plan" in Lake No. 25 (KFYO Lake). The storm sewer improvements consist of extension of the equalizer 48» culvert under 82nd Street north to the excavated borrow area, and laying of a 36x pipe from the north side of 82nd Street south to the park area on the south side of 82nd Street and east of Orlando Avenue, along with allied inlet box structures and headwalls' Hugo Reed and Associates did the plans and specifications and the inspection and testing were by the City. No City coat is due the contractor. Staff recommended approval' Motion was made by Councilman Maloy, seconded by Mayor Pro Tem Baker to authorize Resolution #3I7I as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. August IO, 1989 Page 641 89-48B-04I-480 (l4') Consider Resolution #3172 accepting paving improvements constructed by Neely Wolfforth Cement Contractor in Village Center, Lot 2_ RESOLUTION #3172 RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Village Center, Lot 2 made arrangements with Neely Wolfforth Cement Contractor and Hugo Reed and Associates, Inc. for the construction 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 the above -mentioned Addition including the following street: Curb and gutter construction on the East side of FpaDkfoyd Avenue from 124,50 feet North of the North property line of Spur 327 to the North property line of Lot 2, Village Center Addition known as Unit No. 2034-11; and WHEREAS, the construction of the above improvements on the above -mentioned otreetwag 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 I33I^ NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 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 release escrow money in the amount of $305.50. SECTION 2' THAT this Resolution shall take effect and be in force from and after its passage' Passed by the City Council this 10th day of August, 1989. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, City Engineer CONSTRUCTION B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney CONSOLIDATED FINAL COST VILLAGE CENTER ADDITION LOT 2 August IO, 1989 August 10, 1989 Page 642 UNIT L. F. SUB -UNIT DESCRIPTION CURB & GUTTER 2034-11 Curb and Gutter Construction on east 38-5 side of FraDkford Avenue from 124'5 feet north of north property line of Spur 327 to north property line of Lot 2, Village Center Addition CONSTRUCTION COST 36'5 linear feet of Curb & Gutter at $6'50/L'F' $237'25 COST DISTRIBUTION Construction Developer Escrow Money to Cost Cost be Released $ 237'25 « 237.25 $ 305'50 * � Deposited in City Escrow Account in lieu of Bank Letter; to be returned to Developer after acceptance by City Council. Quantity and cost furnished by Hugo Reed and Associates, Inc. This is a routine acceptance of street improvements required at the time of platting this new subdivision. This plat is situated at the northeast corner of Frankford Avenue and Spur 327' No City cost is due the contractor' Staff recommended approval' Motion was made by Councilman Maloy, seconded by Mayor Pro Tem Baker to authorize Resolution #3172 as recommended by Staff. Motion carried: 7 Yeas; U Nays (l5'\Consider Resolution #3173 authorizing the acceptance of three Minute Orders regarding the East-West Freeway. RESOLUTION #3173 WHEREAS, the Texas State Department of Highways and Public Transportation Commission has by its respective Minute Orders 88,791, 88,792, and 88°793 (copies of the form of such minutes orders being attached hereto, and each form of minute orders respectively being made a part of this Resolution as if fully copied herein in detail) made an offer to the City of Lubbock in each of said form of minute orders conditioned upon the timely acceptance of the terms of said minute orders by the City of Lubbock; and WHEREAS, the City of Lubbock finds it would be to the benefit of the public health, safety, and welfare of said City to accept the terms of each and all of said forms of Minute Orders; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION l' THAT the City of Lubbock desires to participate in the construction and/or reconstruction of U.S. Highway 82 from Loop 289 Northeast to Interstate Highway 27, a distance of 6.8 miles, by its acceptance of the terms of Texas State Department of Highways and Public Transportation Minute Orders 88,791, 88,792, and 88,793, as follows: (A) Minute Order 88,791: U.S. Highway 82 from Avenue L to AVeDUg H, a distance of approximately 0.5 miles. August lO, 1989 Page 643 (Q) Minute Order 88,782: U.S. Highway 82 from Quaker 8VeDUg to University Avenue, a distance of approximately 2'9 miles. (C) Minute Order 88,783: U.S. Highway 82, relocation of the right-of-way of the Atchison, Topeka and Santa Fe Railway Company necessary for highway construction improvements. SECTION 2' THAT the City of Lubbock urges the State Department of Highway and Public Transportation to provide ingress and egress, to the maximum extent possible, to adjacent land uses along the freeway' SECTION 3' THAT the City Secretary is hereby authorized and directed to forward a certified copy of this Resolution to the Texas State Department of Highways and Public Transportation Commission as evidence to said Commission that the City of Lubbock has accepted the terms of said Minute Orders 88"79I, 88,792, and 88,793° respectively as requested by said Commission. Passed by the City Council this 10th day of August, 1989. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry V. Hoffman Larry V. Hoffman, Director of Transportation B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION MINUTE ORDER LUBBOCK COUNTY DISTRICT NO. LUBBOCK (5) Whereas, in Lubbock County in the City of Lubbock on U.S. Highway 82 from State Loop 288 northeast to Interstate Highway 27, a distance of approximately 6'8 miles" an added capacity project is approved in Level II of the 1988 10-year project development plan; and Whereas, the City of Lubbock and the Atchison, Topeka and Santa Fe Railway Company have agreed that the railroad track will be abandoned which runs parallel to this project thereby allowing this project to advance to construction at an earlier date than previously planned; and Whereas, it is desirable that the portion of this project from Quaker Avenue to University Avenue, a distance of approximately 2'9 miles, be constructed as expeditiously as possible in order to facilitate traffic management in the vicinity of the Texas Tech University campus; Now, therefore, it is ordered that the Engineer -Director is hereby authorized to tender the following proposal to the City of Lubbock: Provided the City of Lubbock will: I' Provide ten percent of the cost of right-of-way clear of obstructions and free of coot to the state with acquisition procedures to be in accordance with policies of the State August IO, 1989 Page 644 applicable Federal and State Laws governing the acquisition policies for acquiring real property. 2' Provide ten percent of the cost of eligible utility adjustments as may be required in accordance with policies of the State Department of Highways and Public Transportation. The State Department of Highways and Public Transportation will: I' Provide ninety percent of the coat of right-of-way clear of obstructions with acquisition procedures to be in accordance with State Department of Highways and Public Transportation policies and with Federal and State Laws governing the acquisition policies for acquiring real property. 2' Provide ninety percent of the cost of eligible utility adjustments as may be required in accordance with policies of the State Department of Highways and Public Transportation. 3' Provide relocation assistance as may be determined to be eligible under the relocation assistance program. 4' Add the above referenced project to Level III of the 1988 I0- year Project Development Plan. Uponacceptance of the provisions of this order by the City of Lubbock, it is further ordered that the above referenced project is hereby added to Level III of the 1988 IO-year Project Development Plan; and the Engineer -Director is hereby authorized to proceed in the most feasible and economical manner with project development for the above referenced project to include any necessary agreements, right-of-way acquisition, utility adjustments, relocation assistance and construction at an estimated cost to the State of $53,500,000' This order shall become operative upon acceptance by the City of Lubbock; and if not accepted within gO days of the date hereof, the action herein contained shall be automatically canceled. STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION MINUTE ORDER LUBBOCK COUNTY DISTRICT NO. LUBBOCK (5) Whereas, in Lubbock County in the City of Lubbock on U. S. Highway 82 from State Loop 288 northeast to Interstate Highway 27, a distance of approximately 6-8 miles, an added capacity project is approved in Level II of the 1988 10-year Project Development Plan; and Whereas, in order to provide for the continuous flow of traffic, it is desirable to complete construction of the portion of this project from Avenue L to Avenue H, a distance of approximately O'5 mile; Now, therefore, it is ordered that the Engineer -Director is hereby authorized to tender the following proposal to the City of Lubbock: Provided the City of Lubbock will: l- Provide ten percent of the coat of right-of-way clear of obstructions and free of cost to the State with acquisition procedures to be in accordance with policies of the State Department of Highways and Public Transportation and with applicable Federal and State Laws governing the acquisition policies for acquiring real property. August 10, I988 Page 645 2' Provide ten percent of the coat of eligible utility adjustments as may be required in accordance with policies of the State Department of Highways and Public Transportation. The State Department of Highways and Public Transportation will: l' Provide ninety percent of the cost of right -Of -way clear of obstructions with acquisition procedures to be in accordance with State Department of Highways and Public Transportation policies and with Federal and State Laws governing the acquisition policies for acquiring real property. 2' Provide ninety percent of the cost of eligible utility adjustments as may be required in accordance with policies of the State Department of Highways and Public Transportation. 3. Provide relocation assistance as may be determined to be eligible under the relocation assistance program' 4' Add the above referenced project to Level III of the 1888 lO- year Project Development Plan. Upon acceptance of the provisions of this order by the City of Lubbock, it is further ordered that the above referenced project is hereby added to Level III of the 1988 IO-year Project Development Plan; and the Engineer -Director is hereby authorized to proceed in the most feasible and economical manner with project development for the above referenced project o include any necessary agreements, right-of-way acquisition, utility adjustments, relocation assistance and construction at an estimated cost to the State of t7,000,000' This order shall become oeprative upon acceptance by the City of Lubbock; and if not accepted within 90 days of the date hereof, the action herein contained shall be automatically canceled. STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION MINUTE ORDER LUBBOCK COUNTY DISTRICT NO. LUBBOCK (5) Whereas, in Lubbock County on U.S. Highway 82 from State Loop 289 in southwest Lubbock to Interstate Highway 27, a distance of approximately 6'8 miles, an added capacity project is approved in Level II of the 1988 lU-year Project Development Plan; and Whereas, certain right-of-way of the Atchison, Topeka and Santa Fe Railway Company which runs parallel to the alignment of the above referenced highway is needed for said highway project; and Whereas, the railroad can be relocated from southwest of State Loop 289 north and east to the Atchison, Topeka and Santa Fe Railroad northwest of Lubbock, making existing railroad right-of-way available for conveyance to the State for highway purposes at a substantial savings to the State; and Whereas, the City of Lubbock has offered to participate in the relocation of the railroad; and Whereas, the State Highway and Public Transportation Commission considers the relocation of the railroad to be in the public interest and also desires to participate in the relocation; Now, therefore, it is ordered that the Engineer -Director is hereby authorized to tender the following proposal to the City of Lubbock: Provided the City of Lubbock will: August 10, 1989 Page 646 I- Acquire one hundred percent of the additional right-of-way required for the relocation of the railroad, providing ten percent of the coot of right-of-way, clear of obstructions and free of coot to the State with acquisition procedures to be in accordance with applicable Federal and State Laws governing the acquisition policies for acquiring real propertv- 2' Adjust all eligible utilities required for the relocation of the railroad, providing tan percent of the cost of eligible utility adjustments as may be required- 3' Provide ten percent of the cost of the relocation of the railroad's rail and appurtenant facilities from southwest of State Loop 288 north and east to the Atchison, Topeka and Santa Fe Railroad northwest of Lubbock, and relocate said facilities west of State Loop 289, making the existing railroad right-of- way available for conveyance to the State for highway purposes. TheState Department of Highways and Public Transportation will: l' Provide ninety percent of the cost of right-of-way clear of obstructions with acquisition procedures to be in accordance with State Department of Highways and Public Transportation policies and with Federal and State Laws governing the acquisition policies for acquiring real property. 2. Provide ninety percent of the cost of eligible utility adjustments as may be required in accordance with policies of the State Department of Highways and Public Transportation' 3, Provide ninety percent of the cost of the relocation of the railroad's rail and appurtenant facilities west of State Loop 289' 4. Provide relocation assistance as may be determined to be eligible under the relocation assistance program. 5' Add the above referenced railroad relocation to Leval III of the 1888 IO-year Project Development Plan. Upon acceptance of the provisions of this order by the City of Lubbock, it is further ordered that the above referenced railroad relocation is hereby added to Level III of the 1988 IO-year Project Development Plan; and the Engineer -Director is hereby authorized to proceed in the most feasible and economical manner with project development to include any necessary agreements, right-of-way acquisition, utility adjustments, relocation assistance and relocation of the railroad at an estimated cost to the State of $I0,800,000. This order shall become operative upon acceptance by the City of Lubbock; and if not accepted within 80 days of the date hereof, the action herein contained shall be automatically cancelled' On May 24, 1989, the State Highway and Public Transportation Commission approved three Minute Orders which relate to Phase I of the East-West Freeway- The orders become operative within 90 days of May 24, 1989, which will be August 22, if accepted by the Council- Phase I has three components: The reconstruction of the railroad underpass on 4th Street between Avenue H and Avenue L, the construction of the freeway from just west of Quaker Avenue to just east of University Avenue, and the relocation of the Atcheson, Topeka and Santa Fe Railway tracks from the Brownfield Road Corridor to a new north -south alignment tentatively located between Milwaukee and Upland 8VeDUes' August IU, 1989 Page 647 The City requested schematic plans for the freeway on June 7, as a basis for estimating utility costs. The plans were received for Phase I on June 26, 1989, and were distributed to utility agencies on June 29, 1989. The first Minute Order involves the construction of the portion of the project along 4th Street from Avenue L to Avenue H, and the estimated State coat is $7 million. The City must provide the following items at the indicated cost: I. 10% of right-of-way $ 20,000 2' 10% of eligible utility O adjustments 3' I00% of ineligible City -owned utility adjustments 320,280 Sub -total $340,280 The second Minute Order covers the construction of the freeway from just west of Quaker Avenue to just east of University Avenue at an estimated Cost of $53-5 million to the State. The City 0met provide the following items with their respective estimated costs: l' 10% of right-of-way $ 310,000 2' 10% of eligible utility 208,979 adjustments 3' 100% of ineligible City -owned utility adjustments 5,169,926 Sub -total $5,688,905 The third and final Minute Order involves the relocation of the Atcheson, Topeka and Santa Fe Railway tracks from the Brownfield Road Corridor to a location in West Lubbock' A consulting engineer will be retained to provide engineering services from the alternative route phase through inspection of construction' The City cost, at 10%, would be $80,000; and the cost to the State for this project is not to exceed $I0,800,000' To accomplish this segment of Phase I of the East-West Freeway, the City will acquire 100% of the additional right-of-way and adjust all eligible utilities required for the new railroad alignment. The City will also provide the following: l' 10% of engineering services $ 80,000 2' 10% of new railroad right-of-way 200,000 3. 10% of eligible utility 1,010 adjustments 4' 100% of ineligible City -owned utility adjustments 221,000 August IO, I989 Page 648 5' 10% of construction of new railroad tracks and appurtenances 900,000 Sub -total $1,402,016 The total for 10% of all Phase I "eligible" utility costs is $209,995, and the total for 100% of all Phase I "ineligible" City -owned utility costs is $5,7I1,206' The total estimated cost to the City for Phase I of the East-West Freeway is $7"43I,201. 8 funding mechanism for all of this coot has not been established. Council was provided a table showing a breakdown of utility relocation costs for Phase I of the project, which indicates the estimated costs that each utility will incur to adjust their facilities on each of three projects in Phase I. The table also shows the costs eligible for reimbursement by the State (90%) and City (10%)' The Citv's coots are also tabulated. Bondsin the amount of $2'6 million and Certificates of Obligation in the amount of $3'8 million have recently been sold. This total amount of $6'4 million will be used to pay the Citv/o 10% share of the right-of-way and utility relocation costs for the Freeway and the Citv's 10% share of all coats associated with the relocation of the railroad. Staff has requested but has not yet received a timing schedule for Phase I actual contracts and expenditures to determine the time frame in which the $5'4 million local funding would be needed. However, a Contract will not be let on the 4th Street segment until May or Jung, I990' The estimated City commitment for that segment is only t340,280, and according to staff, other segments will probably not require substantial City funds until spring or summer, 198I' Since the State Department of Highways and Public Transportation would not authorize schematic plans for the whole project to be distributed to utility companies for estimation of total project utility costs, that remains undetermined- The remaining right-of-way coots are estimated to be 39,230"000, with the Citv/s share being $3,923"000' A summary of current funding is as follows: Phase I State Funding City Share Total Construction $63,920,040 $ 900,000 t64°820,040 Right -of -Wax 4,770,000 Utilities 1,889,954 Totals $7I,300,000 5,921,20I 7,811,155 NORMINIMI $7,43I,20I $78,731,201 Assuming the total project coot is $241,000,000, there would be a Phase IT construction and August IO, 1988 Page 649 Phase II right-of-way cost to the State is estimated to be $39,230,000' In Phase II, the City will have no construction costs and the Citv/s 10% of right-of-way costs are estimated at $3,923,000' Therefore, the estimated total cost to the City is estimated to be $11,354,I85 plus unknown utility costs for Phase II' In spite of funding uncertainties, it is necessary that Council accept these Minute Orders by August 22, 1989 in order for the East-West Freeway Project to proceed' Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize Resolution #3173 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. (16') Of -Way Department to make an offer on behalf of the City of Lubbock to Maxey Lumber Company for 4.49 acre tract of land in Section 18, Block E-2, Lubbock County, Texas. RESOLUTION #3174 WHEREAS, the City Council of the City of Lubbock finds that land hereinafter described is needed for public purposes, to -wit: an L'P.&L' Transmission and Distribution Substation; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION I. THAT the Right -of -Way Department of the City of Lubbock, subject to the approval of the Zoning Board of Adjustment of the City of Lubbock, is hereby authorized and directed to make an offer on behalf of the City in the amount of $62,860 to Maxey Lumber Company, Owner, for the purchase by the City of a tract of land to be used as set forth in the preamble hereof, and being further described as follows: A 4'49 acre tract of land located in Section lO" Block E- 2, Lubbock County, Texas, being further described as BEGINNING at a point in the East line of Section 18 which bears S. 00000/25o W,° 2345 feet from the Northeast corner of Section 18, Bloch E-2, Lubbock County, Texas, for the Northeast corner of this tract; THENCE West, at 55'00 feet pass a 1/2o iron rod with cap marked ^RP3 1676" set, continuing for a total distance of 655-00 feat to a 1/2" iron rod with cap marked ^RPS 1676" set for the Northwest CuyDer of this tract' THENCE South a distance of 298'61 feet to a 3/4x galvanized iron pipe found for the Southwest corner of this tract' THENCE S. 88058/30« E., at 599.96 feet pass a 1/2» square metal tuba (found), continuing for a total distance of 654'86 for the Southeast corner of this tract: THENCE N. 00000/25n E., a distance of 288'80 feet to the Point of Beginning. SECTION 2' Said purchase is to be accomplished by the Right - of -Way Department' August IO, 1988 Page 650 Passed by the City Council this 10th day of August, 1989. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Agent B.C. McMINN, MAYOR /s/ Harold Willard Harold Willard, Assistant City Attorney This 4-49 acre tract of land is located along the *eat side of Indiana Avenue and 108th Street and is needed for a Lubbock Power and Light substation site. The size of the taking site is 555/ east to west and 288.90/ north to south. This purchase is subject to approval of the zoning on August 17, 1989 by the Zoning Board of Adjustment. Acquisition price of this 4,49 acre tract is $62,860 (or $14,000 per acre, or 32, per square foot). Staff began working on this project over nine months ago, and in dealing with 18 separate landowners in this area for a substation site, to be located in the area of 98th Street and Indiana Avenue- Three of the landowners at this corner refused to sell due to a substation presence, and the fourth landowner agreed to sell, but for $2.50 per square foot' At 98th Street and University, «2'50 per square foot was also the asking price' Staff visited with Ken Bastian, the Headmaster at All Saints School, who informed Staff about two sales south of their school, mouth of 106th Street and Indiana, which indicated over a tI per square foot sales py1Ce' Another limiting factor in this acquisition was that Southwestern Public Service has a major east -west distribution line just north of I07th Street, with the proposed Citv/s site, which is presently owned by a motivated seller and is reasonably priced" to be located north of it. Nearly all other property owners in this area did not want to sell, either because they anticipate future growth in this area, or they do not want a substation built there. Staff recommended approval. Motion was made by Councilwoman Tr 'o, seconded by Councilman Maloy to authorize Resolution #3I74 as recommended by Staff. Motion carried: 7 Yeas; O Nays' 89-488-850-483 (I7') Consider Ordinance #9303 establishing a 55 MPH August lO, 1889 Page 651 ORDINANCE #9303 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN PORTIONS OF MILWAUKEE AVENUE, AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO'"REPEALING CONFLICTING ORDINANCES TO THE EXTENT , OF SUCH CONFLICT- APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. A recent speed study conducted in accordance with State of Texas Policy shows these recommended speed limits are appropriate in this area. No official speed limit has ever been established on these portions of Milwaukee Avenue' Staff recommended approval' Motion was made by Mayor Pro Tem Baker, seconded by Councilwoman Trn'o to authorize Ordinance #9303 as recommended by Staff' Motion carried: 7 Yeas; O Nays. (18.) Consider Resolution #3175 authorizing the Mayor to sign a Lease Agreement with the Federal Aviation Administration for space at Lubbock International Airport for the Sector Field RESOLUTION #3175 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Lease Agreement with the Federal Aviation Administration for space at Lubbock International Airport for a Sector Field Office, 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 hereim in detail. Passed by the City Council this 10th day of August, 1989. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Marvin Coffee Marvin Coffee, Director of Aviation B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney LEASE AGREEMENT FILED WITH RESOLUTION #3175 The Federal Aviation Administration has leased one entire building of space for a number of years at Lubbock International Airport for the Sector Field Office and Flight Service Station' During the consolidation of Flight Service Stations throughout the country, this operatior was moved from Lubbock to Fort Worth and these agencies' portion of this building was Vacated. August 10, 1989 Page 652 89-48B-652- 485 (19.) The Lubbock Sector Field Office proposed to remain in the facility occupying 2,699 square' out of a total of 4,980 square', with the following terms and conditions: TERM: July 1, 1989 through September 30, 1989 with five one-year automatic renewals not to exceed September 30, 1994. RENTAL RATE: $7.25 per square foot per year ($5.00 per square foot basic rent plus $2.25 per square foot for utilities, $19,567.75 per year) provision to adjust utility rate. OTHER ITEMS: FAA will provide their own custodial services and supplies. The Airport Board, as well as City Staff, recommended approval. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Phillips to authorize Resolution #3175 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Consider Resolution #3176 authorizing acceptance of water and sewer improvements for Lot 2, Village Center Addition. VILLAGEADDITION. WHEREAS, the developer of Lot 2, Village Center Addition have complied with the provision of the City of Lubbock Code, Chapter 28, Article IV, by providing the water and sewer improvements for said addition in accordance with paragraph 156 of said Chapter 28; and WHEREAS, the total utility cost to the developer is $21,424.48 with the improvements constructed by Panhandle Construction Co. having a value of $19,475.92 as determined by the unit prices established by said Chapter 28, and $1,948.56 cash paid to the City, with McLain Oil Co., the developer to receive a fund of $6,857.14 in accordance with Chapter 28 of the Code of the City of Lubbock and a refund of deposit in the amount of $0.00; and WHEREAS, the construction of the said water and sewer improvemetns was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $6,857.14 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after its passage. August 10, 1989 Page 653 Passed by the City Council this 10th day of August, 1989. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Wilford D. Watson Wilford D. Watson, Chief Water Utilities Engineer B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney This is a routine acceptance of water and sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $21,424'48, including Value of construction costs of t19,425-92 and $1,948.56 cash paid to the City. Staff recommended City Council acceptance of these improvements. Motion was made by Councilwoman Tr ^o, seconded by Councilman Phillips to authorize Resolution #3I76 as recommended by Staff' Motion carried: 7 Yeas; O Nays. (2U') Consider Resolution #3177 authorizing the Mayor to sign Change Order #1 to the 1-27 Phase V Utilities Relocation Contract. RESOLUTION #3177 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 Change Order No. I to a Contract entered into by and between said City (as owner) and Rhode Pipe Company (as Contractor) concerning 1-27 Utility Adjustments Phase IV, 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 10th day of August, 1988. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Wilford Watson Wilford Watson, Chief Water Utilities Engineer B. C. McMINN, MAYOR /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney August lO, 1989 Page 654 CHANGE ORDER NO. I CITY OF LUBBOCK I-27 UTILITY ADJUSTMENTS PHASE V LUBBOCK, TEXAS JULY 31, I989 TO: RHOOE CONSTRUCTION COMPANY" INC' P.O. Box 53370 Lubbock, Texas 78453 Adjustment to Contract Amount: Original Amount of Contract Change Order No. l Adjusted Contract Amount Adjustment to Contract Time (Add) 19,125.53 t2,256,362.34 $2,275,487'87 None WHEREAS, it is desirable to make certain change in the work in this project: THIS AGREBMENTH WITNES3ETH: In consideration of the mutual advantage gained, the Owner and the Contractor agree to the changes indicated below and further agree that the amount of the contract shall be adjusted by the amount shown above. Add the following items: Item Quantity Description of Item Total No. & Unit and Unit Price Amount l' 3 Concrete Valve vaults on Line ll-W Each located at 34th Street & East of Ave. J, and 34th Street & Ave.G, Furnish and install, complete /n place, each: Three thousand two hundred six Dollars and two Cents ($3,206'02) 2' 2 Concrete valve vaults on Lines 3-W Each & I0-W, located at 30th Street & Ave. G, and 24th Street & Ave. H, Furnish and install, complete in place, each: Two thousand seven hundred seventy-four Dollars and seventy-seven Cants ($2,774.77)' 3' l Concrete valve vault on Lines 3-W 14-W & IG-W located at 34th Street & Ave. 8, furnish and install, com- plete in place, each: Three thousand nine hundred fifty-seven Dollars and ninety-three Cents ($2,957-93)' Total Change Order No. I $19,125'53 IN WITNESS THEREOF, the Owner and the Contractor have hereto set their hand this 10th day of August, 1988' RECOMMEND: PARKHILL, SMITH AND COOPER, INC., Consulting Engineers /s/ Royce L. Gooch Royce L. Gooch, Project Engineer, 7-3l-89 August IU, 1989 Page 055 APPROVED: RHODE CONSTRUCTION COMPANY, INC., Contractor /s/ Carman G. Rhode Carman G. Rhode, President, 7-31-89 APPROVED: CITY OF LUBBOCK, TEXAS, Owner This Change Order is in the amount of $18,I25.53 and includes the coat of furnishing and installing G valve vaults for valves larger than I2»' The Change Order was submitted to the State Highway Department and Staff has received approval of the work. The City has an established policy of installing valve vaults on valves larger than 12" to provide easier access to the valves when repair or need to operate the valves is required. Staff recommended this Change Order. Motion was made by Councilman Patterson, seconded by Councilwoman Tre'o to authorize Resolution #3I77 as recommended by Staff. Motion carried: 7 Yeas; O Nays. (2I.) Consider Resolution #3178 authorizing the Mayor to sign a Natural Gas Engineering Services Agreement with A.R. Briggs and Associates, RESOLUTION #3178 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 Natural Gas Consulting Agreement by and between the City of Lubbock and A. R. Briggs & Associates, 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 10th day of August, 1989. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Carroll McDonald Carroll McDonald, Assistant City Manager of Utilities B.C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney August 10, 1989 Page 656 July 20, 1989 A. R. Briggs A. R. Briggs & Associates 1015 South Fillmore, Suite 200 Amarillo, Texas 79101 Re: Natural Gas Consulting Agreement Dear Mr. Briggs: A. R. Briggs & Associates proposes to be retained as a Natural Gas Consultant to the City of Lubbock in the following areas: 1. Analysis and/or negotiation of Gas Purchase Contracts and corresponding Gas Transportation and Exchange Agreements. 2. Analysis of reserves and deliverability for properties committed to gas purchase proposals to make certain that estimated volumes available for sale are sufficient to cover contract requirements. 3. Analysis of production history (on a continuing basis) of properties committed to existing gas purchase contracts to identify potential short falls in availability requirements that may occur from time to time. 4. Consultation with the City of Lubbock on a continuing basis concerning gas supply and gas acquisition matters. The consulting retainer would be Five Hundred ($500.00) Dollars per month in advance for an average of four (4) hours Der month for the principal consultant's services plus two (2) hours per month for senior support services. Any time required in excess of this contracted time would be at standard consulting rates of One Hundred ($100.00) Dollars per hour for principal consultant services and Fifty ($50.00) Dollars per hour for senior support services. Such excess time would be incurred only with the prior approval of the City of Lubbock. It is understood that the retainer includes the average hours indicated above. Any hours not used will be accumulated for future use and will be used to offset an equal amount of excess hours. In addition to the fees set out above, the City of Lubbock would reimburse A. R. Briggs & Associates monthly for third party out-of- pocket expenses and travel and other related expenses incurred in the process of providing these Natural Gas Consulting Services. At the end of each month, A. R. Briggs & Associates will submit to the City of Lubbock a statement showing the actual time expended in providing consulting services for the prior month, along with a statement tabulated at the standard consulting rates set out above for any time expended in excess of the contracted time set out in this agreement. The City of Lubbock agrees to pay such statement for services promptly upon receipt and verification. The term of this Natural Gas Consulting Agreement will be month to month commencing August 1, 1989. This agreement may be terminated or renegotiated after the first month upon thirty (30) days written notice by either party. August IO, 1989 Page 857 If the City terminates this agreement, they further agree to waive any accumulated hours. If A. R. Briggs & Associates terminates this agreement, they agree to reimburse the City for any accumulated hours at the rates set forth above. CITY OF LUBBOCK, TEXAS B. C. McMINN, MAYOR AGREED TO AND ACCEPTED THIS 25th DAY OF JULY, I989 A. R. BRIGGS, OWNER Lubbock Power and Light in an attempt to reduce and stabilize its future gas prices, is securing long-term gas supplies and reserves. In order to pursue this with the least risk to the City, Staff recommended an Agreement with a Natural Gas Reserve Engineer to assist in the verification of any gay reserves Staff might consider. After telephone and personal interviews with several engineering firms, A.R. Briggs and Associates were selected to perform these duties. They have worked closely with the City for approximately one year, with satisfactory results- The payments for these services are based on a per -hour basie. Staff was recently informed that legislation which will go into effect in September, 1988 will make open-end arrangements difficult; however, this Natural Gas Engineering Services Agreement will set A.R. Briggs and Associates up on a formal retainer arrangement. Upon execution, the Agreement will facilitate Lubbock Power and Light's continued search for long-term gas supplies with minimal delays. Staff advised by memo that the costs sat forth in the Agreement are reasonable, in relation to fees discussed with other engineering firms with this type of expertise. Motion was made by Councilman Phillips, seconded by Councilman Patterson to authorize Resolution #3178 as recommended by Staff' Motion Carried: 7 Yeas; O Nays' (3O') Hold and Executive Session on personnel matters to discuss appointments to: Airport Board Lubbock Civic Centers Board Committee for Women Lubbock Mental Health/Mental Retardation Public Responsibility Committee Private Industry Council Lubbock Public Transit Advisory Board August 10, 1989 Page 658 (24.) Lubbock Urban Design and Historical Preservation Commission Firemen's and Policemen's Civil Service Commission. Hold an Executive Session to discuss pending litigation --Codes Department. Consider Ordinance #9304 amending Section 2-571 of the Code of Ordinances regarding appointments to the Committee for Women. ORDINANCE #9304 AN ORDINANCE AMENDING SECTION 2-571 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING THERETO A NEW PROVISION REQUIRING APPOINTMENTS TO THE COMMITTEE FOR WOMEN TO BE MADE IN JANUARY OF EACH YEAR HEREAFTER; AND PROVIDING A SAVINGS CLAUSE. The Committee for Women was created in June, 1984. Initial terms were staggered so that approximately half of the 17-member committee is appointed June of each year. Staff recommended amending Ordinance No. 8610 to change the appointments of the members from June to January beginning in 1991 to coincide with the goals process associated with the City of Lubbock's budget. Because of a six-month difference in currently proposed appointment dates, the amendment is written to give the current and newly appointed members an additional six months rather than removing them early. The effect of this is the creation of two rotations of members with 2-year terms; and thereafter, all newly -appointed members will receive two-year terms beginning and ending in January. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Maloy to authorize Ordinance #9304 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. (26.) BID #10280--Brass and copper water fittings (Central Warehouse). C & C Municipal Supply - Lot Price Items: 6,7,8,9,10,11,14,15,16. Fields & Co.--120 Ft. Type K Copper Pipe; 300 Ft. 2" Type K Copper Pipe; 25 ea. 1"x3" Brass Gee Coupling; 30 ea. 2" Copper Solder Joint to Male Brass Adapter; 20 ea. 2" Copper Solder Joint to Female Iron Pipe Adapter. Big Country Water Works Supply, Inc.--600 ea. 3/4" Meter Coupling. Texas Independent Pipe Supply--300 ea. 1" x 3- 1/2" Motor Couplings. August IO, 1989 Page 659 Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize low bids meeting specifications' Motion carried: 7 Yeas; O Nays' (27') BID #10255--Renovation of Emergency Lighting System, and authorize same (Civic Center - RESOLUTION #3178-A BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock DE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract by and between the City of Lubbock and AMCO Electric Company, Inc. for renovation of emergency lighting system at the Civic Center and Auditorium stage, 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 10th day of August, 1989. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Gene Eads, Purchasing Manager CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney THIS AGREEMENT, made and entered into this 25th day of May, I989 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and ANCO Electric Company, Inc. of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNES3ETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: 8lO NO. 10255 - RENOVATION OF EMERGENCY LIGHTING SYSTEM (CIVIC CENTER - AUDITORIUM) FOR THE AMOUNT OF $96,508.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of August 10, .;. Page ..1 The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Ranette Boyd Secretary APPROVED AS TO CONTENT: /s/ Gene Eads ATTEST: Secretary COMPLETE ADDRESS: Amco Electric Company, Inc. 2403 1st St. Lubbock, Texas 79418 CITY OF LUBBOCK, TEXAS (OWNER) /s/ B. C. McMinn B. C. McMINN, MAYOR /s/ Harold Willard AMCO ELECTRIC COMPANY, INC. CONTRACTOR By: TITLE: President Amco Electric Co., Inc. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize Resolution #3178-A as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48B-660- 4 91 (28.) BID #10244--195 PTO HP Tractor (Water Utilities). Case Power Equipment Co.--1 ea. 195 PTO HP Diesel Tractor w/Front Wheel Drive. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 89-48B-660-492 (29.) BID #10274)--Trench and manhole shoring boxes (Water Utilities). ITT Services--1 Lt. Trench and Manhole Boxes. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. August 10, 1989 Page 661 (3O') BID #10277--Pipe, valves and fittings (Central C & C Municipal Supply--15 ea' 6" CT Adapters; 5 ma 4o 45D �M Bend-MJ; I ea 12 x 18 Water Main ' , ' Offset, MJ; 2 ea. B x 8 MJ Tao' Sleeve; 100 ea. 2-PC Valve 8uu' Rohan Co,--10 ea' No. 2 lO, 8C to Cl Adapter; Lot Western Industrial Supply--50 ea. 2" MJ Gaskets. Tyanstex Supply Co'--2,500 Ft' 8" Ductile Iron Pipe. BigCountry Waterworks Supply, Inc.--45 ea. 3ox5o Flange Spool; lO ea' 10« MJ Restraining Gland; 12 ea 8o MJ Restraining Gland' 16 ea. 6" MJ ' Restraining Gland; 16 ea' 4" MJ Restraining Gland; 10 ea. 4" E-Z Flange U'8'Pipe & Foundry--2 ga' lO x IU MJ Water Main Tee; 5 ea. 4" Flanged Gate Valve; 30 ea. 4" MJ Tau Valve; 5 ea. 8� MJ Too Valve' -' " �-- Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays' 89-488-66I-494 (3l,) BID #10259--DEC SNA Gateway (Information Digital Equipment Corp' --DEC Damna-3a Sec Net SNA Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize low bid meeting specifications. Motion carried: 7 Yeas; O Nays' 89-48B-861-495 /32'\ BID #10284--Pavement Tape (Traffic Engineering). Stoddard Enterprises--48 Rl' Pavement Tape, Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize low bid meeting specificationm. Motion carried: 7 Yeas; O Nays. (33') BID #10281--Annual Pricing for pharmaceuticals (Health Department)_ Curtin Matheson 8cieUtific--10 Rl' Nitrazine Paper. Rugby Laboratories, IDc'--2,000 8l' 0'3 Percent Pxrething Pediculicide, 4 oz';160 Bl'Amoicillin" 500 MG. August 10, 1989 Page 662 Goldlinm Laboratnries--840 Bl' Prenatal Multivitamin w/Folic Acid and Iron' 480 8l' Iron Tablet, 65 M6'; 50 Bl' Gamma Globulin, 10ML; 30 8l' Erythromycin 3tearate, 250MG; 200 8l. Metronidazole° 500M8; 100 Gl' Lindane USP 2% Shampoo, 2 oz.; 50 Bl' Lindane USP I% Lotion, 2 OZ. Ledurle Laboratories, Wayne, NJ--6 Bl' Penicillin V Potassium, 250MG; 15 8l' Penicillin V Potassium, 500MG' Baxter Health Care Curp.--10 8X. Pregnancy Test, Dri-Dot Pregnosticon' Martin Surgical Supply, Houaton--20 Bl' Nmggram Caplet, IGM; 90 8l' Erythromycin Base Filmtab, 500 M8' 8arnett'a, Inc', Charlotte, NC--40 Cs. Birth Control Device' Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize low bid meeting specifications. Motion carried: 7 Yeas; O Nays. 89-488-662-497 (34') BID #10267--Annual pricing for medical supplies (Health Department). Westex Medical, Inu.--40 Bx' Towalatte w/Tincture of Green Soap; 500 8X. Gloves, Latex, Medium, Unsterile; IOU 8x' Gloves, Latex, Large, Unsterile; 12 Cs. Needle/Syringe Collector w/Needle Remover, 8-2 Qt.; IOO Bu' Prooto Cotton Swab Applicator. United Medical Supply--10 8x' Needle, 25Q u 5/8,; lD Bu' Needle, 25G x I^; 25 Bx' Syringe, 3 ML, w/Needle, 25G X 5/8x; 25 8X' Syringe, 3 Ml' w/Needla, 25G x 1x; IO 8x' Applicator, Urethro- Genita7; 225 Bx' Exam Drape Sheet, 40" n 80x; 18 Dz. Jelly Lubricant' IOE Interstate, Amityville, NY--6 8x' Infusion Set; 250 8x' Alcohol Prep pad' Baxter Healthcare Corp'--250 Bl' 2855 Urjstix; 30 Cs' Specimen Collection Container w/Lid; 5 Cs' Microscope Slide Cover, Glass. Martin Surgical Supply, Houston--20 Cs' Speculum, Vaginal, Small, Disposal Plastic; IO Cs' Speculum, Vaginal, Medium, Disposal Plastic, 2 Cs. Speculum, Vaginal, Large, Disposal Plastic; 15 Cs' Cup, Clear Plastic, IU Ca' Instrument Wrap' General Medical Corp-, Wulffnrth--40 Bx' 8enzalkonium Antiseptic Towelette; IO Stethoscope, Professional, Dual Head, Light Weight; 3 Doppler Fetal Pulse Detector Ultrasound Stethoscope; 12 Bx' Needle/Syringe Collector w/Needle Remover, G'g 8t'; 60 Ca' Disposable Blue Gown, 30x x 44n; 65 Bx' Table Paper, 18" x 260n' August IO, 1888 Page 663 Sherwood Medical Co., St' Louis, MO--200 8x' Needle, Vacu Multi -Sample, 2I8 x l"; 4 Cs' Cotton Tip Applicator, Sterile. Kendall Co., Mansfield, MA--250 Bx. Band-Aid. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize low bids meeting specifioations. Motion carried: 7 Yeas; O Nays- 89-488- 663_498 (35-) BID #10307--Playground equipment (Parks and Modlin Recreation Equipment, Inc., Lewisville--1 Lt. Multi -activity Modular Playground structures; 9 Swampy Saddle Mate, 8 Saddle Mate Pelican; 7 Duck Saddle Mate; l 3-Leg Ex HD Swing" PTD (6 Seat); 2 3-Leg EX HD Swing, PTD (4 Seat); 2 Basic T-Swing Frame; 14 Swing Pk w/548 Seat & Chain 2- 3/8x TR lO/; 4 Swing Pkg w/549 Seat & Chain 2- 3/8x TR IO/; 12 Tot Seat Pkg. 3-I/2n TR 8/ High; 2 Space Module; 1 Space Crawlway; 18 Welded Straight Leg Bench 8/ Aluminum; l Preschool Modular System; 2 Buick -A -Bout Frame w/Fuur Animals. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize low bid meeting specifications. Motion carried: 7 Yeas; O Nays. 89-48B-O63-4y9 (37') Consider three appointments to the Airport Board. The terms of Lloyd Garland, James Schiermeyer, and E. Jack Brown will expire on August 11, 1989. Motion was made by Councilman Phillips, seconded by Councilman Patterson to reappoint Jamey Schiermeyer and E. Jack Brown and to appoint O' V. Scott to replace Lloyd Garland on the Airport Board. Motion carried: 7 Yeas; O Nays. (38.) Consider six appointments to the Civic Centers Board. The terms of Earline Garland, A.E. "Gene" Quest, Debbie Tubb, Ernest F. Barton, and Bob Bray will expire on August 1, 1989. Georgia Foitasek has resigned, leaving a term that Motion was made by Councilman Phillips, seconded by Councilman Carpenter to reappoint Earline Garland, A.E. "Gene"OVest, Debbie Tubb, Ernest F. Barton, and Bob Bray and to appoint John Owens to replace Georgia FO'tasek on the Lubbock Civic Centers Board. Motion carried: 7 Yeas; D Nays. 89-488-663-50I (39.) Consider one appointment to the Committee for August 10, 1989 Page 664 89-48B-564-502 (4O-) 89-48B-664-503 (4l.) 89-488-604-504 (42') 89-488-664-505 (43') 88-488-664-506 (44-) Motion was made by Councilman Phillips, seconded by Councilman Carpenter to appoint Margaret Mary McCullough to fill the unexpired term of Marge West on the Committee for Women' Motion carried: 7 Yeas; O Nays' Health/Mental Retardation Public Resoonsibilitv wli| expire on August 31, 19b9. Motion was made by Councilman Phillips, seconded by Councilman Patterson to appoint Becky Canon to replace Judge Will Dodson on the Lubbock Mental Health/Mental Retardation Public Responsibility Committee. Motion carried: 7 Yeas; O Nays. Consider one appointment to the Private Industry Council to fill the unexpired term of Okla Jean Rice. Mrs. Rice's term will expire June 30, 1991. Motion was made by Councilman Phillips, seconded by Councilwoman Ty 'V to appoint Jerrel Snodgrass to fill the unexpired term of Okla Jean Rice on the Private Industry Council. Motion carried: 7 Yeas; O Nays. Consider one appointment to the Lubbock Public Transit Advisory Board to fill the unexpired t of Al Thom, who resiqned. Mr. Thom's term wil expire June 24, 1991. Motion was made by Councilman Phillips, seconded by Councilwoman Tr 'o to appoint Joe TarVey to fill the unexpired term of Al Thom on the Lubbock Public Transit Advisory Board. Motion carried: 7 Yeas; O Nays' Consider six appointments to the Urban Design and Historical Preservation Commission. The terms of Raymond Powell, Don Parks, Karen Wade, Lady Brown, Leo Padgett, and Dr. Joseph King will expire on September 14. 1989. Motion was made by Councilman Phillips, seconded by Councilman Carpenter to reappoint Raymund Powell, Don Parks, Karen Wade, Lady Brown, Leo Padgett, and Dr' Joseph King on the Urban Design and Historical Preservation Commission. Motion carried: 7 Yeas; O Nays' Consider one appointment to the Firemen's and Policemen's Civil Service Commission to fill unexpired term of Cathy Ranck. Her term will expire January 29, 1990. August 10, 1989 Page 655 Motion was made by Councilman Phillips, seconded by Councilwoman Tye'o to appoint Ms- Gerry Myers to fill the unexpired term of Cathy Ranck on the Firemen's and Policemen's Civil Service Commission. Motion carried: 7 Yeas; O Nays' (22^) Consider Resolution #3179 awarding the sale of "City of Lubbock, Texas, General Obligation Bonds, Series 1989" and resolving other matters incident and related to the sale of said bonds. Joe Smith, First Southwest Company, opened and announced each of the bids at Il:OO a'm, the advertised time for the Bond Sale- Calculations of the bids were then verified during a recess with Mr' Smith recommending best bids to Council' RESOLUTION #3179 8 RESOLUTION awarding the sale of "CITY OF LUBBOCK, TEXAS, GENERAL OBLIGATION BONDS, SERIES I889"; and resolving other matters incident and related to the sale of said Bonds. WHEREAS, on the 13th day of July, 1989 and the 27th day of July" I989, the City Council of the City of Lubbock, Texas, passed and adopted on first and second reading,respectively, an ordinance authorizing the issuance of $7°445,000 CITY OF LUBBOCK, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1989x, dated August 15, 1989 (the "Bonds"); and WHEREAS, bids for the purchase of the Bonds have been received by the Council and publicly opened, read aloud and tabulated; and WHEREAS, it is hereby found and determined that the bid of NCNB Texas & Associates for the purchase of the Bonds was the best bid received, that said bid was submitted in accordance with the terms and conditions set forth in the "Notice of Sale and Bidding Instructions" and should be accepted and the Bonds sold to said bidder; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1: That the bid submitted by NCNB Texas Q Associates for the purchase of the $7,445,000 "CITY OF LUBBOCK, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1989o, at an effective interest rate of 6'834468%, attached hereto as Exhibit A and incorporated herein by reference, is hereby accepted and said Bonds are hereby Sold to said bidder at the price of pap and accrued interest to the date of delivery, plus a premium of $-D-' SECTION 2: That, in accordance with the bid accepted by the Council, Bonds shall bear interest at the per annum rates in accordance with the following schedule: Year Of Principal Interest Stated Maturity Amount Rate I990 $370,000 9 % 199I 370,000 g % 1992 370,000 9 % I993 370,000 Q % 1994 370,000 g % 1895 370,000 9 % 1986 370,000 g % 1997 370,000 8 % 1998 370,000 9 % August lO, 1988 Page 666 1999 370,000 H % 2000 370,000 6'75% 2001 375,000 6'8 % 2002 375,000 6.1 % 2003 375,000 8 % 2004 375"000 6 % 2005 375,000 6 % 2006 375,000 G % 2007 375,000 M % 2008 375,000 O % 2008 375,000 6 % PASSED AND ADOPTED, this August 10, 1989. CITY OF LUBBOCK, TEXAS B. C. McMINN, MAYOR ATTEST: Ranette Boyd, City Secretary OFFICIAL BID FORM FILED WITH RESOLUTION #3179 Bids received were as follows: Dean Witter Reynolds, Inc' Griffin, Kubik, Stephens, and Thompson k-1 Bank I Texas & Associates -- NCNB Texas & Associates Smith Barney & Harris Upham Net Effective Interest Cost Interest Rate $5,28I,923'75 7.071085% 5,252,852.00 7'0323% 5,194,318'75 6'953788% 5,105°175.00 6'834468% 5,243,234,00 7'0I829% Motion was made by Mayor Pro Tem Baker, seconded by Councilman Phillips to authorize Resolution #3I79 and awarding bid to NCNB Texas and Associates for "City of Lubbock, Texas General Obligation Bonds, Series I989x' Motion Carried: 7 Yeas; 0 Nays. (23.) Consider "City of Lubbock, Texas, Certificates of Obligation, Series 1989" and resolving other matters incident and related to the sale of such RESOLUTION A RESOLUTION awarding the sale of "CITY OF LUBBOCK, TEXAS, CERTIFICATES OF OBLIGATION, SERIES I989"; and resolving other matters �-j incident and related to the sale of said Certificates. WHEREAS, on the 13th day of July, 1989 and the 27th day of July, 1989, the City Council of the City of Lubbock, Texas, passed and adopted on first and second reading respactively, an ordinance authorizing the issuance of $3,800,000 �' CITY OF LUBBOCK, TEXAS, CERTIFICATES OF OBLIGATION, SERIES I889«, dated August 15, 1889 (the "Certificates"); and August 10, 1989 Page 667 WHEREAS, bids for the purchase of the Certificates have been received by the Council and publicly opened, read aloud and tabulated; and WHEREAS, it is hereby found and determined that the bid of NCNB Texas & Associates for the purchase of the Certificates was the best bid received, that said bid was submitted in accordance with the terms and conditions set forth in the "Notice of Sale and Bidding Instructions" and should be accepted and the Certificates sold to said bidder; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1: That the bid submitted by NCNB Texas & Associates for the purchase of the $3,800,000 "CITY OF LUBBOCK, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1989", at an effective interest rate of 6.841625%, attached hereto as Exhibit A and incorporated herein by reference, is hereby accepted and said Certificates are hereby sold to said bidder at the price of par and accrued interest to the date of delivery, plus a premium of $-0-. SECTION 2: That, in accordance with the bid accepted by the Council, the Certificates shall bear interest at the per annum rates in accordance with the following schedule: Year of Principal Interest Stated Maturity Amount Rate(s) 1990 $190,000 9 % 1991 190,000 9 % 1992 190,000 9 % 1993 190,000 9 % 1994 190,000 9 % 1995 190,000 9 % 1996 190,000 9 % 1997 190,000 9 % 1998 190,000 9 % 1999 190,000 9 % 2000 190,000 6.75 % 2001 190,000 6.8 % 2002 190,000 6.1 % 2003 190,000 6 % 2004 190,000 6 % 2005 190,000 6 % 2006 190,000 6 % 2007 190,000 6 % 2008 190,000 6 % 2009 190,000 6 % PASSED AND ADOPTED, this August 10, 1989. CITY OF LUBBOCK, TEXAS /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary OFFICIAL BID FORM FILED WITH RESOLUTION #3180 Bids received were as follows: August 10, 1989 Page 668 Dean Witter Reynolds, Inc' NCNB Texas & Associates Griffin" Kubik" Stephens, & Thompson Smith Barney & Harris Upham Bank I Texas & Associates Net Interest Cost Effective Interest Rate «2,706,I22-50 7-I2I375% 2"599,817'50 6'841825% 2,679,730.25 7'051938% 2,673,376'00 7'0352& 2,642,306'25 6-95339% Motion was made by Councilwoman Tr 'o, seconded by Mayor Pro Tem Baker to authorize Resolution #3I80 and awarding bid to NCNB Texas and Associates for "City of Lubbock, Texas Certificates of Obligation, Series 2988x' Motion carried: 7 Yeas; U Nays. There being no further business to come before the Council, motion was made by Councilman Patterson, seconded by Mayor Pro Tam Baker to adjourn the meeting at 11:25' Motion carried: 7 Yeas; O Nays' B. C. Mcf4rNN, -MAYOR READ AND APPROVED THIS 24TH DAY OF AUGUST, 1989.