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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 RBoyd, C—TT—y Secrefary' Rane t (:e Boyd, ;�vdCi y- Secret yeC M Od t �j �G o, c-,o- C Q cC UN+ Z f' G L G. U � U a fCi C] LCL O U cC C c i Q 3 3 C m " � Ln a� a > 3 7L