HomeMy WebLinkAboutMinutes - City Council - Regular - 1/25/1990CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
JANUARY 25, 1990
10:00 A.M.
The City Council of the City of Lubbock, Texas met in regular session on
the 25th day of January, 1990 in the City Council Chambers, first floor,
City Hall, 1625 13th Street, Lubbock, Texas at 10:00 A.M.
Present: Mayor B. C. McMinn, Mayor Pro Tem Joan Baker, Councilmember T. J.
Patterson, Councilmember Gary Phillips, Councilmember Bill Maloy,
Councilmember George Carpenter, Councilmember Maggie Trejo, City Manager
Larry J. Cunningham, First Assistant City Attorney Don Vandiver, and Deputy
City Secretary Beatrice Cervantes.
Mayor McMinn called the meeting to order at 10:00 A.M.
( 1.) The Invocation was given by Assistant City Manager Jim
Bertram.
( 2.) The Pledge of Allegiance was given in unison by those
in the Council Chambers.
( 3.) Motion was made by Councilmember Patterson, seconded by
Councilmember Phillips to approve the Minutes of the
January 11, 1990 Regular City Council meeting as
written. Motion carried: 7 Yeas; 0 Nays.
( 4.) Board Appointments Certificate Presentations
90-49A-44-23
( 5.) ORDINANCE #9305--Abandoning and closing a portion of
74th Street lust east of Quaker Avenue.
ORDINANCE #9305
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 74TH STREET AS MORE
PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY
ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID
ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
Motion was made by Councilmember Patterson, seconded by
Councilmember Trejo to pass on second and final reading
Ordinance #9305 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
90-49A-44-24
( 6.) ORDINANCE #9324--Zone Case #1654-A (located west of
Avenue Q between 53rd and 54th Streets) --Request of
David Goyette (for Mark Womble) for zoning change from
C-4 limited to C-4 on tracts out of Section 3, Block E
and Tracts D and G of C. N. Hodges Addition.
January 25, 1990
Page 45
ORDINANCE #9324
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP
OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1654-A;
A ZONING CHANGE FROM C-4 LIMITED TO C-4 ZONING ON TRACTS D & G OF C. N.
HODGES ADDITION AND TRACTS OUT OF SECTION 3, BLOCK E, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
90-49A-45-25
( 9.)
Motion was made by Councilmember Patterson, seconded by
Councilmember Trejo to pass on second and final reading
Ordinance #9324 as recommended by Staff. Motion
carried: 6 Yeas; 0 Nays; 1 Abstention--Councilmember
Maloy (for perceived conflict of interest).
Project CRP 90 (1) M, Slide Road from 19th Street to
29th Drive.
RESOLUTION #3289
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock the Title
(Cover) Sheet to the plans prepared by the Texas State Department of
Highways and Public Transportation for highway improvements consisting of
the widening of Slide Road from 19th Street to 29th Drive in the City of
Lubbock, Lubbock County, Texas, being Federal Aid Project CRP 90(1) M.
Passed by the City Council this 25th day of January, 1990.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry D. Hertel
Larry D. Hertel, City Engineer
COVER SHEET FILED WITH RESOLUTION
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
Widening of Slide Road is being done by the State
Department of Highways and Public Transportation under
their PASS (Principal Arterial Street System) Program
in conjunction with the 1988-92 Urban Street System
Program. The City's responsibility is for one-half of
the right-of-way costs ($88,000) and one-half of the
utility relocation costs and is an approved capital
project in the Capital Projects Budget. Staff
recommended approval.
Motion was made by Councilmember Carpenter, seconded by
Councilmember Trejo to authorize Resolution #3289 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
January 25, 1990
Page 46
90-49A-46-26
(10.) Consider Ordinance #9325 abandoning and closing
portions of 86th Street in Section 26, Block E-2,
Lubbock County, Texas.
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF 86TH STREET AS MORE
PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY
ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID
ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
This Ordinance abandons and closes two small stub
portions of 86th Street directly west of Dover Avenue
in the Chaparral Addition. Originally, 86th Street was
dedicated as a 56' wide right-of-way; however, the new
preliminary plat has reduced the size of this
dedication to a 47' wide right-of-way. To make this
transition from a 56' wide right-of-way to a 47' wide
right-of-way, these two small areas must be closed.
The 47' wide right-of-way has the same paving width
(36') as the 56' wide right-of-way, but the parkway is
only 5.5' in width. With the 56' wide right-of-way,
the parkway width is 10'.
Hugo Reed is the proponent of this street closure for
Randy Neugebauer (Lubbock Land Company). The area to
be closed at the northwest corner of 86th and Dover is
34.96 square feet, and the area to be closed at the
southwest corner of 86th and Dover is 47.25 square
feet. Total area being closed is 82.21 square feet.
More street area is being dedicated than being closed,
so no charge will be made for the area being closed.
The $150 application fee has been paid and the
preliminary plat has been submitted. Staff recommended
approval.
Motion was made by Councilmember Patterson, seconded by
Mayor Pro Tem Baker to pass on first reading Ordinance
#9325 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
90-49A-46-27
(11.) Consider Resolution #3290 authorizing the Mayor to sign
a Street Use License with C. Rufus Gaut, dba Metro
Tower.
RESOLUTION #3290
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 Street Use
License Agreement with C. Rufus Gaut, d/b/a Metro Tower, 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 25th day of January, 1990.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
THE STATE OF TEXAS
COUNTY OF LUBBOCK
January 25, 1990
Page 47
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
STREET USE LICENSE
This indenture made this 25th day of January, 1990, being the date of
this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal
Corporation, and C. RUFUS GAUT, d/b/a METRO TOWER, hereinafter called
"LICENSEE."
WITNESSETH
Subject to the terms, conditions and provisions herein, the CITY OF
LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license
to use a portion of dedicated street for an electrical parking lot security
gate, to -wit:
BEGINNING at a Point Five (5.0) feet north and Fifteen feet
east of the Northwest corner of Lot 1, Block 117, Original Town
Addition to the City of Lubbock;
THENCE Three (3.0) feet north;
THENCE Twenty-eight (28.0) feet east;
THENCE Three (3.0) feet south;
THENCE Twenty-eight (28.0) feet west to the POINT OF BEGINNING.
The term of this grant shall be for five (5) years from date hereof,
and shall be automatically extended for successive five (5) year terms not
to exceed twenty (20) years in any event unless either party shall give
written notice of termination to the other party before the expiration of
the first, second or third five (5) year term, as the case may be, and the
CITY OF LUBBOCK retains the right at its election to cancel and revoke this
license with or without cause upon notice to LICENSEE. Said notice shall
be deemed properly served if deposited in the post office, postage paid,
addressed to LICENSEE at 1220 Broadway, Suite 1109, Lubbock, Texas 79401,
or the last known address of LICENSEE.
Upon the expiration or cancellation and revocation of this license by
the CITY OF LUBBOCK, or the abandonment of the license by the LICENSEE, the
improvements that are permitted under this license shall be removed by the
LICENSEE and the property shall be restored to its original condition at no
cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or
refuses to remove such improvements after demand by the CITY OF LUBBOCK,
the CITY OF LUBBOCK shall take possession and remove or cause to be removed
such improvements, and the expense incurred shall be assessed against
LICENSEE, for which LICENSEE shall be liable.
January 25, 1990
Page 48
1. LICENSEE shall pay to the CITY OF LUBBOCK as compensation for
such grant the sum of TWO HUNDRED FIFTY AND NO/100 ($250.00) DOLLARS cash
in advance contemporaneously with the acceptance and execution hereof by
LICENSEE for the first five (5) year term of this license, and thereafter
such rate of compensation may be changed for each succeeding five (5) year
term by the CITY OF LUBBOCK to a rate of compensation which is based on
procedures and policies as established by the City Council of the CITY OF
LUBBOCK, based on an appraisal of the fair market value of such land by the
Right -of -Way Department of the CITY OF LUBBOCK, as applied to the formula
for determining such rate established by the City Council. If such rate is
not changed by the CITY OF LUBBOCK, the rate for the preceding five (5)
year term shall apply. The CITY OF LUBBOCK shall notify the LICENSEE of
any change in rates in writing before the start of the five (5) year term
to which such change in rate shall apply; and if such notification is not
made, then the rate for the preceding five (5) year term shall apply.
2. The LICENSEE agrees to pay all costs arising out of the
exercise of this license herein granted, including but not limited to the
replacement and repairing of paving, sidewalks and utilities of any nature
occasioned by the construction authorized by this license.
3. In the event the CITY OF LUBBOCK determines that the existence
of such use interferes with or causes the rerouting or realignment of any
public utility, franchised utility or sanitary or storm sewer line
constructed or to be constructed by the CITY OF LUBBOCK or franchised
utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK or such utility,
as the case may be, for its expense in relocating or rerouting over and
above the expense which would have been incurred for LICENSEE'S use herein.
4. This license is not transferable by the LICENSEE or without
first receiving the written consent of the City Manager of the CITY OF
LUBBOCK.
5. This license is made subject to the condition that should the
LICENSEE exercise any right under the license herein granted and prepare or
begin or complete any part of the construction as herein contemplated
across any or all of the above described property, then and in that event
said LICENSEE, his heirs and assigns will at all times defend, indemnify
and otherwise hold the CITY OF LUBBOCK, its agents, servants and employees
harmless from any and all claims, demands, actions, causes of action, suits
at law or in equity of whatsoever kind or nature which may grow out of or
be related to the making of this license or the construction or maintenance
and use permitted herein. The CITY OF LUBBOCK, at its option, may require
an agreement with any contractors hired by LICENSEE to perform the
construction, repair or maintenance permitted herein, which agreement will
indemnify the CITY OF LUBBOCK from and against all claims, liability, cost
and expense growing out of the performance of the work to be done by such
contractors. The CITY OF LUBBOCK may further require any of said
contractors, when engaged in the construction, repair or maintenance
permitted herein, to furnish, without expense to the CITY OF LUBBOCK, a
reliable surety bond, in an amount and in a form satisfactory to the said
CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms,
covenants and conditions contained in said agreement, and a certified copy
of a policy of public liability insurance assumed by said contractors in
said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to
give notice to LICENSEE prior to incurring any costs or expenses or the
payment of any such claims or demands in order to give LICENSEE a
reasonable opportunity to settle or adjust the same.
6. LICENSEE agrees and is required to furnish a policy of public
liability and property damage insurance within limits specified by and in a
form satisfactory to the City Attorney for the CITY OF LUBBOCK, and which
names the CITY OF LUBBOCK as the insured, said policy covering the uses
herein granted.
7. All of the covenants and provisions of this license shall be
binding upon and inure to the benefit of the successors, legal
representatives, assigns and the duly authorized agents and contractors of
the parties hereto to the same extent and effect as the same are binding
upon and inure to the benefit of the parties hereto, but no assignment
January 25, 1990
Page 49
hereof by the LICENSEE, his heirs and assigns shall be binding upon the
CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each
instance, except as specified in numbered paragraph four (4).
8. LICENSEE, by the acceptance of the uses permitted herein,
understands and agrees that no interest, tit. 'e or rights of possession are
intended or implied except those expressly set forth herein, and LICENSEE
waives any and all claims in and to the public way he is permitted to use
hereby and agrees to give peaceful possession of said property covered
herein upon termination or cancellation of this license.
CITY OF LUBBOCK
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
IsZ Ranette Boyd
Ranette Boyd, City Secretary
AGREED TO AND ACCEPTED this 25th day of January, 1990.
LICENSEE:
C. RUFUS GAUT, d/b/a METRO TOWER
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
THE STATE OF TEXAS
BEFORE ME, the undersigned authority, a Notary Public in and for said
County, Texas, on this day personally appeared B. C. McMINN, MAYOR, known
to me to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that he executed the same as the act and deed of the
CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein
expressed and in the capacity herein stated.
I
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 25th day of January,
/s/ Olivia R. Solis
Notary Public, Lubbock County,
Texas
January 25, 1990
Page 50
THE STATE OF TEXAS
[C1IiIWA i 1::-II�IR
BEFORE ME, the undersigned authority, a Notary Public in and for said
County, Texas, on this day personally appeared C. RUFUS GAUT, known to me
to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
, 1990.
90-49A-50-28
(12.)
Notary Public in and for the
State of Texas
This Street Use License is for installation of a
parking lot security gate to be located in the south
right-of-way of Main Street just east of Avenue L. It
will serve the parking lot just to the north of the
Metro Tower building and will be operated by remote
control garage door -type openers. This License is
being issued for a 3' by 28' area, or 84 square feet.
Main Street contains a 14' parkway on the south side.
This License is for 20 years, payable every five years
in advance. The $150 application fee has been paid,
and the minimum $50 per year fee will be charged.
Staff recommended approval.
Motion was made by Councilmember Trejo, seconded by
Councilmember Patterson to authorize Resolution #3290
as recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
14th Street.
RESOLUTION #3291
WHEREAS, the Texas Water Commission has requested of Mrs. Baird's
Bakeries, Inc., hereinafter called "Baird's", an environmental assessment
by the drilling of monitoring wells on property owned by Baird's and
adjacent property owned by others, and the City of Lubbock owns property
adjacent to the Baird's property; and
WHEREAS, the purpose of such monitoring is to ascertain whether
contamination under certain defined specifications resulted from leaking
underground fuel storage tanks recently removed from the Baird's property;
and
WHEREAS, the City of Lubbock is agreeable to allowing one monitoring
well to be drilled and water samples being taken therefrom on City property
adjacent to the Baird's property; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT in consideration of the benefits received by the
City of Lubbock by an investigation to be conducted by Baird's as set forth
in the preamble hereof at the expense of Baird's, the City hereby permits
Baird's to drill or cause to be drilled and monitor or cause to be
monitored a monitor well to be located approximately seventy-six (76.0)
feet West and two hundred (200.0) feet South of the Southeast corner of
Block 1, Dickinson Subdivision to the City of Lubbock, Lubbock County,
Texas.
January 25, 1990
Page 51
SECTION 2. In view of the benefits to be received by the City of
Lubbock by reason of the aforesaid investigation conducted by Baird's, no
fee charge is made for the permit hereby granted.
SECTION 3. This permit is granted in accordance with the terms of a
letter from Mrs. Baird's Bakeries, Inc., signed by the General Manager of
its Lubbock Plant dated January 1, 1990, addressed to Mr. Ed Bucy, Right -
of -Way Agent for the City of Lubbock, and the Mayor of the City of Lubbock
is authorized and directed to execute the acceptance of the City of Lubbock
to the terms thereof, a copy of said letter being 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 25th day of January, 1990.
rra1 6
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Ed Bucy
Ed Bucy, Right -of -Way Agent
RD
LUBBOCK,
JANUARY
Mr. Ed Bucy
City of Lubbock
P. 0. Box 2000
Lubbock, Texas 79457
Dear Mr. Bucy:
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ J. Worth Fullin im
J. Worth Fullingim, Assistant
City Attorney
BAKERIES, INC.
BOX 1496
TEXAS 79408
18, 1990
In cooperation with the Texas Water Commission, Mrs. Baird's Bakery
has engaged Compliant Services Group, Inc. to conduct an environmental
assessment of the soil and ground water under its Lubbock facility located
at 202 East Broadway. The Company has drilled five monitoring wells on the
property to determine whether there is contamination under certain defined
specifications resulting from leaking underground fuel storage tanks
recently removed from the site. While their findings should show that it
is contained within the boundaries of the property, the Commission has
requested that additional samples be taken on adjacent property, including
the tract owned by you located at 404 East 14th Street, South one-half (S
1/2) of Section Number Three (3) in Block "0" E.E. & R.R. R. R. Co. (a
vacant lot). The approximate location of the proposed well is described on
the attached exhibit (#7).
The well would be approximately four inches in diameter, drilled to
about 65 feet. A portable drilling rig would be placed on the property to
drill the well, over a twenty-four hour period. At that point, samples of
the underground water would.be taken and tested over the next sixty days.
If the findings on the Baird property are not consistent with the
assessment of the samples on your property, and no contamination is found,
the hold will be plugged and the surface returned to its original
condition. If some contamination is found, casing will be put in place and
samples will need to be taken periodically until the remediation work is
completed, which could be as long as three years. The well will be capped
at all times when samples are not being taken.
January 25, 1990
Page 52
This assessment and any remedial work will benefit you and your
neighbors, and we request that you hereby grant Mrs. Baird's Bakery, and
its agents, a letter of agreement to allow them on and across your property
for purposes of drilling the proposed well and taking ground water samples
at the location described above and on the terms and conditions set forth
in this letter.
This grant will terminate sixty days after the effective date hereof,
unless within that time Mrs. Baird's gives you written notice of the need
for ongoing sampling from the well while the remediation work is being
conducted, and in such event, this grant will continue until the
remediation work is completed and approved by the Texas Water Commission,
but in no event later than three years from the effective date hereof, at
which time this grant will terminate.
All work will be done at Mrs. Baird's sole cost and expense.
Mrs. Baird's shall have access to your property during normal
business hours, and if access is restricted by locked gate, you will
provide the Company with duplicate keys to allow access or arrange for
access upon twenty-four hours notice from the Company.
Mrs. Baird's will keep the well site in a clean and safe condition
and will indemnify and hold you harmless from all losses, costs or damages
of any kind attributable to bodily injury, sickness, disease or death, or
to physical damage to your property arising out of the work conducted by
the Company or its agents, upon your property.
Upon completion of its work, Mrs. Baird's will restore the well site
to its original condition at its sole cost and expense.
If continued sampling from the well is necessary after the 60 day
period, this letter of agreement will remain for three years.
Please acknowledge your agreement to these terms by executing this
letter in the space provided below.
Mrs. Baird's Bakeries, Inc.
s John Gore
John Gore, General Manager
Lubbock Plant
AGREED AND ACCEPTED this 25th day of January, 1990 by:
/s/ B. C. McMinn
B. C. MCMINN MAYOR
This Resolution allows for the drilling of a water
monitoring well on City -owned property south of East
14th Street and east of Date Avenue. The Texas Water
Commission has requested the well be drilled on City -
owned property to monitor any possible contamination of
the water table from leaking underground fuel storage
tanks recently removed from Mrs. Baird's property (on
the north side of East 14th Street).
The Letter of Agreement is for 60 days, and if no
contamination is found, the hole will be plugged and
the surface returned to its original condition;
however, if contamination is found, a new Letter of
Agreement will be issued for a three-year period.
All work is being done at Mrs. Baird's
there will be no charge for the License
benefit the City with information about
quality status in this City -owned area.
recommended approval.
expense, and
since it will
the water
Staff
January 25, 1990
Page 53
Motion was made by Coupcilmember Carpenter, seconded by
Council.member Patterson to authorize Resolution #3291
as.re'commended by Staff. Motion carried: 7 Yeas; 0
Nays.
90-49A-53-29
(13.) Consider Resolution #3292 authorizing the Mayor to sign
a letter requesting that the State Department of High-
ways and Public Transportation construct a farm -to -
market road from U.S. Highway 84 to the public access
area of Lake Alan Henry.
RESOLUTION #3292
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 sign a letter on behalf of the City of Lubbock requesting that
the Texas State Department of Highways and Public Transportation, in
conjunction with the City of Lubbock's Lake Alan Henry Reservoir Project,
construct a Farm to Market Road from U.S. Highway 84 eastward to the Lake
Alan Henry public access area.
Passed by the City Council this 25th day of January, 1990.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
Mr. Mel Pope
District Engineer, District
State Department of Highways
P.O. Box 771
Lubbock, Texas 79408-0771
FIT-02 MW 5
5
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
CITY OF LUBBOCK
LUBBOCK, TEXAS
January 25, 1990
and Public Transportation
The City of Lubbock is in the final stages of land acquisition and the
beginning stages of construction for its Lake Alan Henry Reservoir Project.
As part of this project, a public access and recreation area is to be
developed. This area is to be located east of U.S. Highway 84
approximately six (6) miles. Presently, this location is served by a paved
county and all-weather dirt road.
To benefit this project and aid in the public's enjoyment of this
recreation area, the City of Lubbock is requesting that the State Highway
Department construct a farm -to -market road from U.S. Highway 84 to the
public access area. Right-of-way for this road has been acquired by the
City of Lubbock and can readily be transferred to the State.
January 25, 1990
Page 54
We would greatly appreciate your help with this road construction project
and will help you in every way possible.
UNNEW.
90-49A-54-30
(14.)
90-49A-54-31
(15.)
90-49A-54-32
(16.)
Sincerely,
/s./ B. C. McMinn
B. C. McMINN, MAYOR
This road will run eastward from U.S. 84 along the
north side of the reservoir to the public access area
(approximately six miles). All right-of-way has been
acquired for this road. Staff recommended approval.
Motion was made by Councilmember Phillips, seconded by
Mayor Pro Tem Baker to authorize Resolution #3292 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
Consider the price and condition of sale of Parcel
Number 85430-2-1 in the Lubbock NDP Urban Renewal Area.
This is a routine sale of property by the Urban Renewal
Agency to Byron Chappell for $75. This remnant lot
will be used for adding onto adjoining property. The
proposed sale is submitted in accordance with the "Land
Disposition Procedures and Guidelines for the Guadalupe
Urban Renewal Area" adopted by the Urban Renewal Board
of Commissioners on October 17, 1989, Resolution #2912.
Staff recommended approval.
Motion was made by Councilmember Patterson, seconded by
Councilmember Phillips to accept price and conditions
of sale of Parcel Number 85430-2-1 in the Lubbock NDP
Urban Renewal Area as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
Consider the price and condition of sale of Parcel
Number 78990-55-1 in the Chatman Hill Area.
This is a routine sale of property by the Urban Renewal
Agency to Hillside, Inc. for $75. This remnant lot
will be used for adding onto adjoining property. The
proposed sale is submitted in accordance with the "Land
Disposition Procedures and Guidelines for the Chatman
Hill Area" adopted by the Urban Renewal Board of
Commissioners on August 15, 1989, Resolution #2910.
Staff recommended approval.
Motion was made by Councilmember Patterson, seconded by
Councilmember Phillips to accept price and conditions
of sale of Parcel Number 78990-55-1 in the Chatman Hill
Area as recommended by Staff. Motion carried: 7 Yeas;
0 Nays.
Consider Resolution #3293 authorizing the Mayor to
University Avenue, Indiana Avenue, Quaker Avenue, and
Slide Road.
January 25, 1990
Page 55
RESOLUTION #3293
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
to be entered into by and between the City of Lubbock and the Texas State
Department of Highways and Public Transportation, concerning funding
arrangements for traffic signals and incidental items at the intersections
of 50th Street with University Avenue, Indiana Avenue, Slide Road and
Quaker Avenue, 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 25th day of January, 1990.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
IsZ David E. Woosley
David E. Woosley, Traffic Engineer
STATE OF TEXAS
COUNTY OF TRAVIS
/s/ B. C. McMinn
B. C. McMINN, MAYOR
/s/ J. Worth Fullingim
J. Worth Fullngim, Assistant City
Attorney
HES OOOS(616)
8009-5-1
Lubbock County
THIS AGREEMENT, made this 25th day of January, 1990, by and between
the City of Lubbock, Texas, hereinafter called the "City", Party of the
First Part, acting by and through its City Council and the State of Texas,
hereinafter called the "State", Party of the Second Part, acting by and
through its State Highway and Public Transportation Commission.
WHEREAS, the City desires the improvement of traffic signals and
incidental items within the limits at the intersections of 50th Street with
University, Indiana, Quaker, and Slide. The City has requested the State
to construct or have constructed this work. The State will construct or
have constructed this work and the City will pay ten per cent (10%) of the
construction cost of this work or that portion not reimbursable by the
Federal Government. The estimated construction cost of this work,
including preliminary engineering, is Two Hundred Seven Thousand Seven
Hundred Thirty Eight and 50/100 Dollars ($207,738.50), and the City's
estimated ten per cent (10%) share is Twenty Thousand Seven Hundred Seventy
Three and 85/100 Dollars ($20,773.85).
NOW THEREFORE, it is understood that this proposed work will be
constructed by the State and the City will transmit to the State with the
return of this agreement, executed by the City, a warrant or check made
payable to the State Department of Highways and Public Transportation in
the amount of Twenty Thousand Seven Hundred Seventy Three and 85/100
Dollars ($20,773.85), to be used in paying for the proposed work required
by the City in the City of Lubbock. It is further understood that the
State will construct only those items for the City as requested and
required by the City and ten per cent (10%) of the construction cost of
such items or that portion not reimbursable by the Federal Government will
be borne by the City. If upon completion of construction, at receipt of
bids, or at anytime, it is found that the amount previously collected is
insufficient to pay the City's portion, then the City upon request of the
January 25, 1990
Page 56
State will forthwith supplement this amount by an amount equal to the
City's actual share of the cost of this work less the amount previously
paid to the State Department of Highways and Public Transportation. In the
event the amount as paid is more than the actual cost, then the excess
amount will be returned to the City. It is further understood that the
work to be done on behalf of the City, as herein provided, will include the
cost of contingencies, preliminary and construction engineering.
IN TESTIMONY WHEREOF, the parties hereto have caused these presents
to be executed in duplicate on the day above stated.
CITY OF LUBBOCK STATE OF TEXAS
Party of the First Part STATE HIGHWAY AND PUBLIC
TRANSPORTATION COMMISSION
/s/ B. C. McMinn Party of the Second Part
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Bovd/blc
Ranette Boyd, City Secretary
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim,
Assistant City Attorney
APPROVED AS TO CONTENT:
/s/ David E. Wooslev
David E. Woosley, P. E.,
City Traffic Engineer
90-49A-56-33
(17.)
Certified as being executed for
the purpose and effect of acti-
vating and/or carrying out the
orders, established policies, or
work programs heretofore approved
and authorized by the State High-
way and Public Transportation
Commission under the authority of
Minute Order 83513.
By:
Director, Contract Management
On December 7, 1989, Council authorized the Mayor to
sign the cover sheet of the plans to improve the
traffic signals and incidental items at the
intersections of 50th Street at University Avenue,
Indiana Avenue, Quaker Avenue, and Slide Road in
accordance with recommendations of the "High Accident
Location Study" prepared by DeShazo, Starek and Tang,
Inc., Dallas, Texas, in 1988.
On January 11, 1990, Council authorized the Mayor to
sign the "Traffic Signal - Type F" Agreement concerning
the installation and maintenance of the traffic
signals. This "Escrow" Agreement commits the City to
pay 10% of the cost of the project, or that portion not
reimbursable by the Federal Government. The estimated
cost is $207,738.50, so the City will be responsible
for $20,773.85, to be placed in escrow with the SDHPT.
Currently, there is $27,200 approved in the capital
projects budget for the City's share. Staff
recommended approval.
Motion was made by Councilmember Trejo, seconded by
Mayor Pro Tem Baker to authorize Resolution #3293 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
ORDINANCE #9326
AN ORDINANCE AUTHORIZING A NEW TRAFFIC SIGNAL AT 79TH STREET AT SLIDE
ROAD (FM 1730); AND PROVIDING FOR PUBLICATION.
January 25, 1990
Page 57
On January 15, 1990, the.City of Lubbock received
approval from the State Department of Highways and
Public Transportationfor the installation of a
permanent traffic signal at this intersection.
According to Staff comments, the signal is currently
being designed and should be ready to bid late this
spring. A temporary signal was installed to coincide
with the opening of Ed Irons School in September.
Currently, there is $50,000 approved in the Capital
Projects Budget for installation of this signal. Staff
recommended approval.
Motion was made by Councilmember Patterson, seconded by
Mayor Pro Tem Baker to pass on first reading Ordinance
#9326 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
90-49A-57-34
(18.) Consider Ordinance #9327 authorizing the removal of the
traffic signal at the intersection of Amarillo Road and
Municipal Drive.
ORDINANCE #9327
AN ORDINANCE CANCELLING AUTHORITY AND APPROVAL FOR A TRAFFIC SIGNAL
AT AMARILLO ROAD (U.S. 87) AND MUNICIPAL DRIVE AND AUTHORIZING THE REMOVAL
OF SAID TRAFFIC SIGNAL AS AN OPERATIVE TRAFFIC SIGNAL.
Constr'uction of 1-27 in this area has required that the
traffic signal at this intersection be removed. New
traffic signals will be installed by the State on
Municipal Drive at the 1-27 frontage roads as part of
the 1-27 project. Staff recommended approval.
Motion was made by Mayor Pro Tem Baker, seconded by
Councilmember Patterson to pass on first reading
Ordinance #9327 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
90-49A-57-35
(19.) Consider Ordinance #9328 authorizing the removal of the
traffic signal at the intersection of 30th Street and
Avenue H.
ORDINANCE #9328
AN ORDINANCE CANCELLING AUTHORITY AND APPROVAL FOR A TRAFFIC SIGNAL
AT 30TH STREET AND AVENUE H AND AUTHORIZING THE REMOVAL OF SAID TRAFFIC
SIGNAL AS AN OPERATIVE TRAFFIC SIGNAL.
90-49A-57-36
(20.)
Construction of 1-27 in this area has required that the
traffic signal at this intersection be removed. School
children using this crossing are now being bussed by
LISD. This street will not cross 1-27 when
construction is complete, so a new signal will not be
necessary in the future. Staff recommended approval.
Motion was made by Councilmember Patterson, seconded by
Councilmember Carpenter to pass on first reading
Ordinance #9328 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
services.
January 25, 1990
Page 58
RESOLUTION #3294
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 mutual aid
agreement by and between the City of Lubbock and the City of Buffalo
f
Springs for fire protection services, 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 25th day of January, 1990.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
/s/ Don Stevens /s/ Harold Willard
Don Stevens, Fire Chief Harold Willard, Assistant City
Attorney
BE IT RESOLVED BY THE BOARD OF ALDERMAN OF THE VILLAGE OF BUFFALO SPRINGS,
TEXAS:
THAT the Mayor of the Village of Buffalo Springs is hereby authorized
and directed to execute for and on behalf of the Village of Buffalo Springs
a mutual aid agreement by and between the Village of Buffalo Springs and
the City of Lubbock for fire protection services, attached herwith, which
shall be spread upon the minutes of the Board of Aldermen and as spread
upon the minutes Board of Aldermen shall constitute and be a part of this
Reslution as if fully copied herein in detail.
ATTEST:
/s/ Jeff Driver
Alderman Jeff Driver
APPROVED AS TO CONTENT:
/s/ Jack Driver
Jack Driver, Fire Chief
THE STATE OF TEXAS
/s/ James R. Smith
James R. Smith
AGREEMENT
THIS AGREEMENT is made and entered into pursuant to the Interlocal
Cooperation Act, Vernon's Ann.Civ.Stat. Art. 4413(32c), by and between the
CITY OF LUBBOCK, TEXAS, and the CITY OF BUFFALO SPRINGS, TEXAS.
January 25, 1990
Page 59
WITNESSETH:
WHEREAS the governing bodies of the above named cities, both being
political subdivisions of the State of Texas, desire to secure for each of
their respective cities the benefits of mutual aid in fire prevention and
the protection of life and property from fire and in fire fighting;
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. That upon the request of the Fire Chief or Fire Alarm Operator
of either City which is a party to this agreement, fire fighting equipment
and personnel will be dispatched by the other City to specified locations
within the municipal boundaries of the City making the request, subject to
the conditions hereinafter stated:
a. Any request for aid or assistance hereunder shall include
a statement of the amount and type of equipment and the number of
personnel required, and shall specify the location to which such
equipment and personnel are to be dispatched, but the type of
equipment and number of personnel actually provided shall be
determined by the Fire Chief of the responding City and his judgment
shall be final.
b. Each City which is a party to this agreement shall first
attempt to suppress any fire with its own equipment and personnel
before requesting assistance from the other City, unless the
requesting City's readily available equipment and personnel are being
utilized at another location within the corporate limits of the
requesting City.
C. The personnel responding to a request for aid or
assistance hereunder shall report to the requesting City's officer in
charge at the location to which the requested equipment and personnel
are dispatched and shall assist in fire suppression under direction
of the said officer in charge.
d. The requesting City's officer in charge shall release for
duty elsewhere the equipment and personnel dispatched pursuant to
this agreement when their assistance is no longer required or when
they are needed within the area for which they normally provide fire
protection services.
2. Either City which is a party to this agreement shall have the
right to terminate this agreement upon thirty (30) days written notice to
the other City.
3. Each City hereby waives all claims against the other City for
compensation for any loss, damage, personal injury or death occurring as a
consequence of activities performed in connection with this agreement.
4. Neither City hereto shall be compensated or reimbursed by the
other City for costs incurred for activities performed in connection with
this agreement.
5. Any civil liability connected with providing assistance under
this agreement shall be the responsibility of the City which would be
liable in the absence of this agreement.
6. All equipment used by personnel of the City from which
assistance is requested shall be owned by such City, and such personnel
shall be employees or volunteer members of the fire department of such
City.
January 25, 1990
Page 60
Executed this 25th day of January, 1990.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Don Stevens
Don Stevens, Fire Chief
CITY OF LUBBOCK, TEXAS
Ls/ B. C. McMinn
B. C. McMINN, MAYOR
/s/ Harold Willard
Harold Willard, Assistant
City Attorney
CITY OF BUFFALO SPRINGS, TEXAS
/s/ James R. Smith
MAYOR
ATTEST:
/s/ Dev. Munn
(City Secretary)
Several months ago, the Mayor of Buffalo Springs
contacted Mayor McMinn and expressed a desire to enter
into a Mutual Aid Fire Protection Agreement with the
City of Lubbock. The Agreement was prepared to provide
the same type arrangements with Buffalo Springs that
the City has with the other incorporated cities in
Lubbock County (New Deal, Abernathy, Idalou, Slaton,
Wolfforth and Shallowater). City of Lubbock staff met
with the Mayor and Fire Chief from Buffalo Springs to
discuss the Agreement.
Basically, the agreements with the other cities provide
that they will send fire companies to assist in Lubbock
when needed during major fire emergencies, and that
Staff will send companies to assist when they have fire
emergencies they can't handle in their cities.
Authority to enter into agreements of this type is
provided by the Interlocal Cooperation Act, Vernon's
Annotated Civil Statutes, Article 4413 (32c). Key
provisions of the Agreement include the following:
(a) The number of personnel and type of
equipment actually responding to a
request for mutual aid shall be
determined by the Fire Chief of the
responding city and his judgement shall
be final.
(b) Each city shall first attempt to
suppress any fire with their own
equipment and personnel before
requesting assistance from another
city.
(c) Personnel responding to the request
shall be under the direction of the
designated officer from the requesting
city.
(d) There is a 30-day cancellation clause.
90-49A-61-37
(21.)
January 25, 1990
Page 61
(e) Each city waives all claims against the
other city for compensation of any
loss, damage, personal injury or death
occurring as a result of the activities
performed in connection with the
agreement.
(f) Neither city shall be compensated or
reimbursed for the cost incurred for
the activities performed in connection
with this agreement.
The Mayor and Council of Buffalo Springs approved the
Mutual Aid Agreement with the City of Lubbock. Staff
recommended Council approval.
Motion was made by Councilmember Carpenter, seconded by
Councilmember Maloy to authorize Resolution #3294 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
Southwestern Public Service Company.
RESOLUTION #3295
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 Rate Agree-
ment and a First Amendment to the January 10, 1980, Agreement by and
between the City of Lubbock, Texas, and Southwestern Public Service Com-
pany, 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 25th day of January, 1990.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Carroll McDonald
Carroll McDonald, Assistant
City Manager of Utilities
/s/ B. C. McMinn
B. C. McMINN, MAYOR
gg �11:u
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
UNITED STATES OF AMERICA
BEFORE THE
FEDERAL ENERGY REGULATORY COMMISSION
SOUTHWESTERN PUBLIC SERVICE COMPANY DOCKET NO.
RATE AGREEMENT
This rate agreement ("Rate Agreement") dated January 25th, 1990, is
the culmination of negotiations between Southwestern Public Service Company
("Southwestern") and the City of Lubbock, Texas ("Customer") regarding the
level of rates being charged by Southwestern to Customer for partial
requirements firm service.
January 25, 1990
Page 62
I., SUMMARY OF RATE AGREEMENT
Southwestern and Customer have negotiated this Rate Agreement which
incorporates a decrease in base rates of approximately 27 percent from the
currently effective interim base rates. The purpose of this Rate Agreement
is to reflect in Customer's base rates Southwestern's lower costs to
provide service to Customer as of January 1, 1990. These lower costs of
service result primarily from (1) the termination on December 31, 1989 of
Southwestern's purchase of surplus energy from Public Service Company of
New Mexico of which a portion of the current reservation fee is included
in Customer's existing base rates, (2) reduced capital costs, and (3)
reduced federal income taxes arising from the Tax Reform Act of 1986.
II. RATE SCHEDULES
The rate schedules shown in Appendix A shall become effective on
January 1, 1990 and shall replace the existing Service Schedule A. The
rates will lock -in Customer's rate period in Docket No. ER85-477 and
terminate Southwestern's collection of revenues subject to refund and
surcharge in that docket. This Rate Agreement will not otherwise affect
either the Docket No. ER84-604 or Docket No. ER85-477 cases.
III. AMENDMENTS TO EXISTING AGREEMENT
Customer and Southwestern have agreed to amend their existing
agreement for the Customer's purchase of partial requirements power and
energy. The amendments extend the minimum term through December 31, 2004.
The amendments are shown on Appendix B. The letters attached to Appendix
reflect the intent of Customer to assign its agreement to the West Texas
Municipal Power Agency and the intent of Southwestern to consent to the
assignment as reflected by the request.
. 9 Ik
(A) With respect to Customer's prorata share of the items listed
below, the Commission's order approving this Rate Agreement shall
constitute final authorization for Southwestern to utilize the following
accounting principles for the period commencing January 1, 1990:
a. Southwestern will continue to utilize full tax
normalization as required by the Federal Energy Regulatory
Commission;
b. Southwestern's "South Georgia Catch -Up" deferred tax
provision will be based on the current federal income tax
rate of 34 percent;
c. Southwestern will book its applicable book depreciation
expense based on its 1988 depreciation study which includes
a composite rate of 2.93 percent; and
d. Southwestern will amortize the cost associated with the
coal slurry research and development project through the
year 2002.
(B) If another partial requirements customer of Southwestern obtains
a rate, including terms and conditions, different from that contained in
this Rate Agreement, Southwestern will make the different rate, including
all the terms and conditions, available to Customer at Customer's option.
If accepted by Customer, the different rate will be effective at the same
time it is effective for the other customer.
(C) Customer agrees it will withdraw its pending complaint against
Southwestern (Docket No. EL89-51-000).
(D) Nothing contained in this Rate Agreement shall be construed as
affecting in any way (a) the right of the party furnishing, causing to be
furnished, or receiving service under the new rate schedules to
unilaterally make application to the Federal Energy Regulatory Commission
or other governmental body having jurisdiction for a change in rates or
January 25, 1990
Page 63
charges under Secton 205 of the Federal: Power Act and pursuant to the
Commission's Rules and Regulations promulgated thereunder, and (b) the
right of Customer to protest,.object or to intervene concerning any such
application by Southwestern or to make complaint before any governmental
body having jurisdiction or petition for an investigation under Section 206
of the Federal Power Act concerning rates and charges, classification of
service, or any provision, term, rules, regulation, condition of service or
contract relating thereto.
V. COMMISSION APPROVAL
This Rate Agreement shall become effective and binding only after the
Commission has entered a final order approving it, without adding or
imposing any condition or modification that is unacceptable to Southwestern
or Customer. If the Commission does not approve this Rate Agreement
without modification, either party may terminate this Rate Agreement in
writing within 15 days after the Commission issues its order.
VI. RESERVATIONS
The various provisions of this Rate Agreement are not severable.
Neither Customer nor Southwestern shall be deemed to have approved,
accepted, agreed to, or consented to any concept, theory, principle or
method underlying any of the rates, charges, classifications, cost of
service, or any other matter, other than specifically provided for in this
Rate Agreement. The provisions of this Rate Agreement are intended to
relate only to the specific matters described herein.
This Rate Agreement is executed as of the date first above written.
CITY OF LUBBOCK, TEXAS
By:/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPENDIX A AND B FILED WITH RESOLUTION
SOUTHWESTERN PUBLIC SERVICE CO.
.32
Title:
Lubbock Power and Light, with the cities of Brownfield,
Floydada and Tulia, filed a complaint with the Federal
Energy Regulatory Commission (FERC) claiming excessive
charges from Southwestern Public Service Company (SPS)
for firm energy sold to the cities.
After several months of negotiations with SPS, Staff
agreed upon the settlement document and Amendment to
the 1980 Purchased Power Agreement. The cities have
agreed to drop their complaint with FERC and SPS has
agreed to extend the term of the existing Agreement
through December 31, 2004, and lower the rates. If
this Amendment is approved by Lubbock and the other
cities during January, SPS has agreed to make the new
rate effective as of January 1, 1990, and if approved
in February, the new rate will be effective in
February.
If the proposed rate had been in effect for calendar
year 1989, Lubbock Power and Light would have paid
$669,840 less for purchased power which amounts to a
reduction of 11.71% from the existing rates.
Motion was made by Councilmember Maloy, seconded by
Councilmember Patterson to authorize Resolution #3295
as recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
January 25, 1990
Page 64
90-49A-64-38
(22.)
Consider Ordinance #9329 amending Section 11 of
ORDINANCE #9329.
AN ORDINANCE AMENDING SECTION 11 OF ORDINANCE NO. 8341 OF THE CITY OF
LUBBOCK, TEXAS, WITH REGARD TO THE RENTAL FEE FOR THE USE OF THE STREETS,
ALLEYS AND PUBLIC WAYS OF THE CITY OF LUBBOCK BY SOUTHWESTERN PUBLIC SER-
VICE COMPANY; PROVIDING AN EFFECTIVE DATE; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
During the 1989 Council Budget Work Sessions,
Southwestern Public Service agreed to adjust its rental
fee for the use of the city streets and alleys from 2%-
3% to bring this rental fee in line with other cities
of our size.
At the time Southwestern Public Service originally
agreed to make this change, it was done only for one
year. Southwestern Public Service has now agreed to
make the change a part of their Franchise Agreement;
therefore, it will continue unless Southwestern Public
Service gives 60 days' notice, and then the
cancellation of the additional 1% fee will not become
effective until the beginning of the next fiscal year.
Since this is a change in the Franchise Agreement, the
Ordinance must be published three consecutive weeks
between first and final readings. Therefore, final
reading will be on the agenda for the February 23, 1990
Council meeting.
According to Staff comments, this rental fee rate is
consistent with other cities and is appropriate for the
use of the streets and alleys. Staff recommended
approval.
Motion was made by Councilmember Carpenter, seconded by
Councilmember Patterson to pass on first reading
Ordinance #9329 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
90-49A-64-39
(23.) BID #10497--Electrical Utility items (Central
Warehouse).
Nelson Electric Supply--100 ea. 477 MGM Terminal; 400
ea. No. 8 vise connector; 25 1/2" dead-end strandvise.
Techline, Inc., Amarillo--300 ea. 5/8" ground rod
clamp.
Graybar Electric Co., Amarillo--500 ea. 8' wood cross
arm.
Temple, Inc.--150 ea. 477 MCM dead end; 150 ea. 477 MCM
tile wire; 36 ea. loadbreak kit.
Cummins Supply, Amarillo--50 ea. 274 adapter; 300 ea.
477 MCM double tie wire; 100 ea. 2,000 lbs. socket eye.
Motion was made by Councilmember Carpenter, seconded by
Mayor Pro Tem Baker to authorize low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
January 25, 1990
Page 65
90-49A-65-40
(24.) BID #10495--Boiler Feedwater Heater (Electric
'Production).
James1ndustries, Inc., Houston
Motion was made by Councilmember Carpenter, seconded by
Mayor Pro Tem Baker to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
90-49A-65-41
(25.) BID #10524--18" PIP pipe and fittings (Water
Utilities).
Waterman Industries Sales--4 ea. 18" 90-deg. ell; 2 ea.
18" 45-deg. ell.
Rohan Co., Waco--2 ea. 18XI5 reducer.
A&P Water & Sewer Supplies, Odessa--2 ea. 14" butterfly
valve; 9,500' 18" PIP pipe.
O'Tool Plastic Pipe Co.--2 ea. 18" PIP X 18" PIP X 4
IPT tee.
Oberkampf of Lubbock--2 ea. air/vacuum valve 4"; 40'
15" PIP pipe.
Watermaster Irrigation— 1 ea. 18X18X15 tee; 1 ea. 18"
PIP X 18" PIP X 15" IPS tee.
Motion was made by Councilmember Carpenter, seconded by
Mayor Pro Tem Baker to authorize low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
90-49A-65-42
(26.) BID #10444--Contract Floor Tile Removal Fire Station
#4, and authorize same.
RESOLUTION #3296
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract by
and between the City of Lubbock and Darla Environmental, Inc. for floor
tile removal at Fire Station No. 4, 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 25th day of January, 1990.
ATTEST:
IsZ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Gene Eads
Gene Eads, Purchasing Manager
/s/ B. C. McMinn
B. C. McMINN, MAYOR
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
January 25, 1990
Page 66
CONTRACT
STATE OF TEXAS
77 THIS AGREEMENT, made and entered into this 25th day of January, 1990
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 Darla Environmental, Inc. of the City
of El Paso, County of El Paso and the State of Texas, hereinafter termed
CONTRACTOR.
WITNESSETH: 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:
BID NO. 10444 - FLOOR TILE REMOVAL AT FIRE STATION NO. 4 FOR THE AMOUNT OF
$12,200.00
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 Agreement.
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
7- 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
Purchasing Manager
COMPLETE ADDRESS:
Darla Environmental, Inc.
8409 Lockheed, Suite 16
El Paso, Texas, 79925
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Harold Willard
Assistant City Attorney
DARLA ENVIRONMENTAL, INC.
CONTRACTOR
By: /s/
TITLE:
ATTEST:
ecretary
Darla Environmental, Inc., Albuquerque, NM.
January 25, 1990
Page 67
Motion was made by Councilmember Carpenter, seconded by
Mayor Pro Tem Baker to authorize Resolution #3296 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
90-49A-6.7-43
(27.) BID #10477--Runway paint (Airport).
Transtex, Houston--1,400 gl. white marking paint, TT-P-
115, Type 111; 600 gl. yellow marking paint, TT-P-115,
Type III.
Motion was made by Councilmember Carpenter, seconded by
Mayor Pro Tem Baker to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
90-49A-67-44
(28.) BID #10480--West Airport Cargo Apron Expansion (Lubbock
International Airport), and authorize same.
RESOLUTION #3297
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract by
and between the City of Lubbock and Silverton Construction Company for west
cargo apron expansion at Lubbock International Airport, subject to Federal
Aviation Administration approval, 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 25th day of January, 1990.
ATTEST:
IsZ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Gene Eads
Gene Eads, Purchasing Manager
STATE OF TEXAS
/s/ B. C. McMinn
B. C. McMINN, MAYOR
/s/ Harold Willard
Harold Willard, ssistant City
Attorney
CONTRACT
THIS AGREEMENT, made and entered into this 25th day of January, 1990
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 Silverton Construction Co. of the
City of El Paso, County of El Paso, and the State of Texas, hereinafter
termed CONTRACTOR.
WITNESSETH: 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:
January 25, 1990
Page 68
BID NO. 10480 - WEST CARGO APRON EXPANSION AT LUBBOCK INTERNATIONAL AIRPORT
FOR THE AMOUNT OF $3,345,929.88
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 Agreement.
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: CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Ranette Boyd
Secretary
APPROVED AS TO CONTENT:
/s/ Gene Eads
Purchasing Manager
COMPLETE ADDRESS:
Silverton Construction Company
P.O. Box 12629
E1 Paso, Texas, 79913
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Harold Willard
Assistant City Attorney
SILVERTON CONSTRUCTION COMPANY
CONTRACTOR
By: /s/
TITLE:
ATTEST:
Secretary
Silverton Construction Co., E1 Paso --West Cargo Apron
reconstruction and taxiways improvements.
Motion was made by Councilmember Carpenter, seconded by
Mayor Pro Tem Baker to authorize Resolution #3297 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
90-49A-68-45
(29.) BID #10550--Radio console (Communications).
Motorola Communications & Electronics, Inc. --
Communications Center radio console upgrade.
Motion was made by Councilmember Carpenter, seconded by
Mayor Pro Tem Baker to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
January 25, 1990
Page 69
90-49A-69-46
(30.)
RESOLUTION #3298
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract by
and between the City of Lubbock and Acme Electric Company for airfield
lighting improvements at Lubbock International Airport, subject to Federal
Aviation Administration approval, 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 25th day of January, 1990.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Gene Eads
Gene Eads, Purchasing Manager
STATE OF TEXAS
COUNTY OF LUBBOCK
/s/ B. C. McMinn
B. C. McMINN, MAYOR
";I _ _ I:Y
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
CONTRACT
THIS AGREEMENT, made and entered into this 25th day of January, 1990
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 Acme Electric Company of the City of
Lubbock, County of Lubbock, and the State of Texas, hereinafter termed
CONTRACTOR.
WITNESSETH: 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:
BID NO. 10479 - AIRFIELD LIGHTING IMPROVEMENTS AT LUBBOCK INTERNATIONAL
AIRPORT FOR THE AMOUNT OF $1,298,698.94
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 Agreement.
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
January 25, 1990
Page 70
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:
Ls/ Gene Eads
Purchasing Manager
COMPLETE ADDRESS:
Acme Electric Company
P.O. Box 16183
Lubbock, Texas 79490
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Harold Willard
Assistant City Attorney
ACME ELECTRIC COMPANY
CONTRACTOR
By: /s/
TITLE:
ATTEST:
Secretary
Acme Electric Company
Motion was made by Councilmember Carpenter, seconded by
Mayor Pro Tem Baker to authorize Resolution #3298 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
90-49A-70-47
(31.) BID #10400--Annual pricing for electrical meters
(Electric Production).
Bids awarded based on ranking and availability.
Motion was made by Councilmember Carpenter, seconded by
Mayor Pro Tem Baker to authorize low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
( 7.) ORDINANCE #9330--Zone Case #2640 (located 4901 Memphis
Avenue) --Hold a Public Hearing to consider request of
Mike Hatchett for zoning change from C-3 to C-3
Specific Use (for a veterinary clinic) on the north 90'
of Lot 204-B, Murryhill Addition.
ORDINANCE #9330
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP
OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2640; A
ZONING CHANGE FROM C-3 TO C-3 SPECIFIC USE PERMIT FOR A VETERINARY CLINIC
ON THE NORTH 90' OF LOT 204-B, MURRYHILL ADDITION, LUBBOCK, TEXAS; PROVID-
ING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mike Hatchett appeared to present this request for zone
change for a Specific Use Permit at 4901 Memphis Avenue
for a vet clinic.
January 25, 1990
Page 71
No one appeared in opposition. Mayor McMinn closed the
hearing at 10:31 a.m.
According to Staff memo., vet clinics were moved to the
Specific Use section in 1955, and there are no records
of complaints regarding clinic operations. (The
proponent in this case is moving because he lost a
lease at his current office.) Several neighborhood
returns noted opposition,to commercial at this
location, but a check of the records indicated that the
property has been zoned C-3 for at least 35 years.
The adjacent land use relationships are as follows:
North - Residential
South - Commercial
East - Commercial
West - Residential
According to Staff comments, this request is consistent
with both the Comprehensive Land Use Plan and Zoning
Policy for that location and should have a minimal
effect on traffic.
Staff recommended that the City Council uphold the
Planning and Zoning Commission decision.
Motion was made by Councilmember Patterson, seconded by
Mayor Pro Tem Baker to pass on first reading Ordinance
#9330 as recommended by P&Z and Staff. Motion carried:
7 Yeas; 0 Nays.
90-49A-71-49
( 8.) ORDINANCE #9331--Zone Case #2641 (Northeast corner of
85th Street and Quaker Avenue) --Hold a Public Hearing
E-2.
ORDINANCE #9331
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP
OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2641; A
ZONING CHANGE FROM C-2 TO C-2 SPECIFIC USE PERMIT FOR A VETERINARY CLINIC
ON A 95' BY 130' TRACT OUT OF SECTION 14, BLOCK E-2, LUBBOCK, TEXAS; PRO-
VIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Dan Masters, architect for planning, appeared on behalf
of Robert H. Faulk to present this request for zone
change. The proposed location will be a new free-
standing structure at 85th Street and Quaker Avenue.
No one appeared in opposition. Mayor McMinn closed the
hearing at 10:32 a.m.
The adjacent land use relationships as follows:
North - Commercial
South - Vacant, zoned (A-2) for a church
East - Vacant commercial
West - Apartments
January 25, 1990
Page 72
(32.)
90-49A-72-50
(33.)
90-49A-72-51
(34.)
90-49A-72-52
(35.)
According to Staff comments, this request is consistent
with both the Comprehensive Land Use Plan and Zoning
Policy and should have a minimal effect on traffic.
Staff recommended that the City Council uphold the
Planning and Zoning Commission decision.
Motion was made by Councilmember Carpenter, seconded by
Councilmember Patterson to pass on first reading
Ordinance #9331 as recommended by P&Z and Staff.
Motion carried: 7 Yeas; 0 Nays.
Private Industry Council
Board of City Development
Parks and Recreation Board
Consider one appointment to the Private Industry
Council to fill the unexpired term of Lyle Way. Mr.
Way's term expires June 30, 1990.
Motion was made by Councilmember Phillips, seconded by
Councilmember Trejo to appoint Eddie Horn to fill the
unexpired term of Lyle Way on the Private Industry
Council. Motion carried: 7 Yeas; 0 Nays.
Consider two appointments to the Board of City
Development.
Motion was made by Councilmember Phillips, seconded by
Councilmember Patterson to appoint James Stonehocker
and Jack Strong, Jr. to the Board of City Development.
Motion carried: 7 Yeas; 0 Nays.
Consider one appointment to the Parks and Recreation
Board. The term of John Braun expired January 8, 1990.
Motion was made by Councilmember Phillips, seconded by
Councilmember Trejo to reappoint John Braun to the
Parks and Recreation Board. Motion carried: 7 Yeas; 0
Nays.
January 25, 1990
Page 73
There being no further business to come before Council, motion was made by
Councilmember Patterson, seconded by Councilmember Carpenter to adjourn the
meeting at 10:55 a.m. Motion carried: 7 Yeas; 0 Nays.
B. C. McMINN, MAYOR
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