HomeMy WebLinkAboutMinutes - City Council - Regular - 10/22/1990Page `'50
CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
OCTOBER 22, 1990
10:00 A.M.
The City Council of the City of Lubbock, Texas met in regular session on
the 22nd day of October, 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, Councilman T. J.
Patterson, Councilman Gary Phillips, Councilman Bill Maloy, Councilman
M. J. Aderton, Councilwoman Maggie Trejo, City Manager Larry J. Cunningham,
City Attorney John C. Ross, Jr., and City Secretary Ranette Boyd.
Mayor McMinn called the meeting to order at 10:00 A.M.
( 1.) The Invocation was given by Dan Hawkins, Director of
Water Utilities.
{ 2.) The Pledge of Allegiance was given in unison by those
in the Council Chambers.
( 3.) Motion was made by Councilman Patterson, seconded by
Councilman Phillips to approve the Minutes of the
October 11, 1990 Regular City Council meeting as
written. Motion carried: 7 Yeas; 0 Nays.
( 4.) Board Appointments
90-49B-750-564
( 5.)
"Red Ribbon Week" - October 21-28, 1990
Texas Tech University Small Business Development
Center.
Laurin Prather, President of the Board of City
Development, requested Council approval of a Contract
between the BCD and Texas Tech University Small
Business Development Center.
According to Mr. Prather, on Council direction, the BCD
has entered into a new Contract with Texas Tech
University's Small Business Development Center for FY
1990-91 for $115,000. As presented during the budget
process, $75,000 will be used for general services and
to match Small Business Administration dollars to
operate the SBDC; the remaining $40,000 will be used to
operate the Contract Procurement Center. The $115,000
will be paid in 12 equal installments to SBDC.
Under this Agreement, the Small Business Committee will
remain in an advisory capacity to the SBDC, and space
will be provided in the Center for Innovation for SBDC.
October 22, 1990
Page 751
90-49B-751-565
( 6.)
Motion was made by Mayor Pro Tem Baker, seconded by
Councilman Patterson to approve request of the Board of
City Development for a Contract between the BCD and the
Texas Tech University Small Business Development
Center. Motion carried: 7 Yeas; 0 Nays.
ORDINANCE #9386--Abandoning and closing a portion of
33rd Street in Section 17, Block B (5001 Brownfield
Highway).
ORDINANCE #9386
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 33RD STREET 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.
90-49B-751-566
( 9•)
Motion was made by
Councilwoman Trejo
Ordinance #9386 as
carried: 7 Yeas; 0
RESOLUTION #3473
Councilman Patterson,
to pass on second and
recommended by Staff.
Nays.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
seconded by
final reading
Motion
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 Amendment
to an Agreement by and between the City of Lubbock and Lubbock Centercorp,
Inc., executed March 8, 1990, which Amendment is attached herewith and
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 22nd day of October, 1990.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
F.11 as
Zsl Jim Bertram
Jim Bertram, Assistant City Manager
STATE OF TEXAS
/s/ B. C. McMinn
B. C. McMINN, MAYOR
j "•1 1 � 1 I;y
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
AMENDMENT
THAT the Agreement by and between the City of Lubbock and Lubbock
Centercorp, Inc., executed March 8, 1990, with regard to a study to be
conducted by Centercorp with regard to improvement of Broadway Street,
shall be amended by amending paragraph 3 on page 2 to read as follows:
October 22, 1990
Page 752
WITNESSETH:
Paragraph 3 on page 2 shall read as follows:
"3. Centercorp agrees that it will complete the study above
referred to within nine months of the date of execution of this
agreement at which time this agreement will terminate."
Executed this 22nd day of October, 1990.
LUBBOCK CENTERCORP, INC.:
/s/ Jim R. Shearer
JIM R. SHEARER,
Executive Director
ATTEST:
/s/ Connie Jenkins
Secretary
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Jim Bertram
Jim Bertram, Assistant City
Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
This 6-month City of Lubbock Contract with CenterCorp
(beginning March 8, 1990) provides for a streetscape
design on Broadway from University Avenue to Quirt
Avenue.
The City of Lubbock simultaneously executed a 112
Transportation Planning Grant Contract with Wilbur
Smith and Associates to complete a parking analysis for
Downtown Lubbock because staff members from CenterCorp
and the City concluded that it was essential that the
parking analysis and the streetscape project be
coordinated.
At the October 11, 1990 meeting, Council approved an
extension of the Wilbur Smith Contract because the
principal investigator from the firm was ill. Of the
original $9,500 Contract with CenterCorp, the remaining,
unpaid balance is $1,728.38. In order to ensure ample
time to coordinate with Wilbur Smith and Associates,
Staff requested that the time frame on the Contract
with CenterCorp be extended to December 8 to allow time
to incorporate recommendations of the streetscape
project into the next bond issue, if applicable.
Motion was made by Councilman Patterson, seconded by
Councilwoman Trejo to authorize Resolution #3473 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
90-49B-752-567
(10.) Consider an Ordinance abandoning and closing a portion
of 20th Street in Section 17, Block B (4700 20th
Street).
Mayor McMinn announced consensus of Council to allow
Mayor Pro Tem Baker to abstain from discussion and vote
on this item due to a perceived conflict of interest.
October 22, 1990
Page 753
Motion was made by Councilwoman Trejo, seconded by
Councilman Patterson to hold this item until parties
involved resolve differences. Motion carried: 6 Yeas;
0 Nays; 1 Abstention --Mayor Pro Tem Baker due to
perceived conflict of interest.
011XW*j1-1W1*Z*&P
Consider Resolution #3474 authorizing the Mayor to
execute a Contract with Prewitt & Associates for
Cultural Resource Mitigation Service at Lake Alan
Henry.
RESOLUTION #3474
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT after a due examination of the Technical Proposal of Prewitt &
Associates, Inc., such Technical Proposal being dated September 26, 1990,
and entitled "Justiceburg Reservoir, Garza and Kent Counties, Texas: Phase
III Cultural Resources Data Recovery at Lake Alan Henry, First Season", is
hereby accepted by the City of Lubbock, and expenditure of $216,406.60 by
the City of Lubbock in payment to said Prewitt & Associates for such work
as described in said proposal is hereby authorized.
Passed by the City Council this 22nd day of October, 1990.
ATTEST:
Zsl Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Dan A. Hawkins
Dan A. Hawkins, Director of
Water Utilities
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
AGREEMENT FOR CULTURAL RESOURCES INVESTIGATIONS
WHEREAS, the City of Lubbock (hereinafter called "City") has
completed Phase I and Phase II cultural resources investigations for the
proposed Justiceburg Reservoir (to be known as Lake Alan Henry) in Garza
and Kent counties, Texas, in connection with a U.S. Army Corps of Engineers
permit under Section 404 of the Clean Water Act, application for said
permit being prepared for the City by Freese and Nichols, Inc. (hereinafter
called "Technical Representative"); and
WHEREAS, after due consideration being given by the staff of the City
to the recommendations made by the Technical Representative, and the City
Council of the City of Lubbock having duly considered the recommendations
made to it by the City Staff desires that Phase III cultural resources
investigations in Lake Alan Henry proceed in the dam construction zone.
WHEREAS, City desires to obtain the expertise of professional
archeologists to direct and conduct Phase II, Season 1 cultural resources
efforts and activities, said expertise to be provided by proposer who is
professionally known and is named Prewitt and Associates, Inc., Consulting
Archeologists, and whose mailing address is 7701 N. Lamar, Suite 104,
Austin, Texas 78752 (hereinafter called "Contractor").
October 22, 1990
Page 754
NOW THEREFORE, City and Contractor in consideration of the mutual
covenants set forth herein contract and mutually agree as follows:
0
The research design prepared for Phase III and agreed upon by the
Corps of Engineers and the Texas State Historic Preservation Officer and
the technical proposal for Season 1 of Phase II dated 26 September 1990
prepared by Contractor and accepted by the City are hereby annexed hereto
and made a part hereof as if fully copied herein in detail in this place.
For and in consideration of services to be rendered by the
Contractor, the City agrees to pay based on the daily rates shown on the
attached preliminary cost estimate with total fee not to exceed
$217,000.00. Partial payment to Contractor will be made on the basis of
monthly statements and work progress reports rendered to and approved by
the City; however, under no circumstances shall any monthly statement for
services exceed the value of work performed at the time a statement is
rendered. The Contractor shall be entitled to a cumulative amount not to
exceed 90% of the maximum fee upon completion and submission of the draft
report to the City as defined in the scope of work and the research design.
The remaining 10% of the maximum fee shall be paid upon submission of the
final report.
3
The total compensation to be paid to Contractor, by the City, for
this contract shall not exceed $217,000.00 in accordance with monthly
estimates furnished to City by the Contractor as the work progresses,
provided, however, that such monthly estimates shall be based on a detailed
cost estimate which accompanies the technical proposal. This contract
addresses the work to be accomplished at three archeological sites located
in the dam construction zone and ancillary activities as detailed in the
technical proposal. City shall pay monthly on such estimates to the
Contractor after being billed by the Contractor by the fifteenth (15th) day
of each month for the services of the previous month. Such $217,000.00
amount may be exceeded if the scope of work is enlarged at the request of
the Corps of Engineers and authorized by the City through its Technical
Representative.
4
In the performance of work or services hereunder, Contractor shall be
deemed an independent contractor, and any of its employees performing work
required hereunder shall be deemed solely employees of the Contractor or
its subcontractors except those employees of the City who may be assigned
to work with the Contractor.
Before the Contractor begins any work under this Agreement,
Contractor agrees to furnish a certificate of insurance reflecting their
coverage by worker's compensation insurance and public liability insurance
for bodily injury and property damage in amounts and with carriers
satisfactory to City, and agrees that such coverages shall be maintained
during the term of this Agreement. Contractor shall be responsible for
determining that its subcontractors, where required, likewise carry and
maintain adequate insurance coverage.
a
At any time during normal business hours, Contractor shall make
available to representatives of the City for examination all of its records
with respect to all matters covered by this Agreement, and will permit
representatives of the City to audit, examine, and make excerpts or
transcripts from such records and to make audits of all contracts,
October 22, 1990
Page 755
invoices, materials, payrolls, records, or personnel conditions of
employment and other data relating to all matters covered by this
Agreement, for a period of three (3) years from the date of final
settlement or for such other or longer period, if any, as is required by
applicable statute or lawful requirement.
7
Contractor shall not discriminate against any employee or applicant
for employment because of race, color, religion, sex, or national origin.
Contractor shall take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard
to their race, color, religion, sex, or national origin. Such action shall
include, but not be limited to, the following: employment, upgrading,
demotions, or transfers, recruitment or recruitment advertising, layoffs or
terminations; selection for training, including apprenticeships; and
participation in recreational actitivities. Contractor agrees to post in
conspicuous places, available to employees and applicants for employment,
notices setting forth the provisions of this nondiscrimination clause.
Contractor will, in all solicitations or advertisements for employees
placed by or on behalf of Contractor, state that all qualified applicants
will receive consideration for employment without regard to race, color,
religion, sex, or national origin. Contractor shall cause the foregoing
provisions to be inserted in all subcontractors for any work covered by
this Agreement so that such provisions will be binding upon each
subcontractor, excepting that the foregoing provisiions shall not apply to
contracts or subcontracts for standard commercial supplies or raw
materials. Contractor shall keep such records and submit such reports
concerning the racial and ethnic origin(s) of applicants for employment and
employees as the law may require. Contractor agrees to comply with such
rules, regulations, or guidelines as may be issued to implement these
requirements.
The parties hereto, without invalidating this Agreement, may alter or
amend this Agreement only upon written mutual agreement of the parties as
attested by the signatures of the principals to this Agreement.
0
Contractor shall hold the City harmless from and shall promptly pay
and defend for the City all claims, demands, lawsuits, awards, and
judgments in any manner growing out of the negligence or any manner of
torts arising out of the conduct of the services performed by the
Contractor, its agents, servants, or representatives under and pursuant to
this agreement.
HE
Contractor will commence work on the project within five working days
following receipt of written notice to proceed. The Contractor shall
complete the work in accordance with the schedule defined in the technical
proposal and research design.
11
The obligations to provide services under this agreement may be
terminated by either party upon 30 days written notice. In the event of
any termination, Contractor will be paid for all services rendered and
reimbursable expenses incurred to the date of termination and, in addition,
all reimbursable expenses directly attributable to termination. Any
noncancellable obligations incurred by Contractor shall be allowable costs.
All documents produced by Contractor up to time of termination shall become
property of the City. Contractor may retain and use copies of such
documents.
October 22, 1990
Page 756
Originals of all notes, calculations, correspondence, and similar
materials will be filed by the Contractor and made available to City on
request. With respect to documents related to work performance under the
terms of this agreement, Contractor agrees not to assert any right, and not
to establish any claims under design patent or copyright law. Contractor
shall have the right to retain and use copies of its work product.
191
The Contractor, prior to written or verbal disclosure of project
information to the media or any public or private entity, shall obtain
written permission from the City for disclosure of such information. The
City retains the right to review and edit all written statements prepared
by the Contractor concerning the project prior to disclosure of any such
statements. No site locational information shall be released to any entity
without prior written permission of the City.
EXECUTED this 22nd day of October, 1990.
CITY OF LUBBOCK
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Dan A. Hawkins
Dan A. Hawkins, Director of
Water Utilities
APPROVED AS TO FORM:
IsZ J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
PREWITT AND ASSOCIATES, INC.
/s/ Elton R. Prewitt
ELTON R. PREWITT, PRESIDENT
This Contract will authorize Prewitt & Associates to
prepare the research design and all aspects of the
first phase for Phase III Cultural Resources Data
Recovery at the Lake Alan Henry Project. (Phase III
represents the final excavation portion of the
mitigation process.)
According to Staff comments, there are three urgent
sites in this first phase which must be mitigated prior
to dam construction, and the area was surveyed under
Phase I, then tested under Phase II. This Contract
will provide the final mitigation for the area needed
for construction of the dam and will allow construction
to begin in the spring of 1991; the total amount of the
Contract is $216,406.60.
This Project also develops the Task Schedule for the
entire Phase III, first through fourth parts. The
contracts for the second, third and fourth parts tasks
will be awarded at a later date, and the remaining
contracts will cover the 16 remaining sites which need
to be mitigated but can be done during construction of
the dam and reservoir.
October 22, 1990
Page 757
90-49B-757-569
(12.)
The time frame for the first sites tasks will be from
October 29, 1990 through October 21, 1991; for the
second tasks from May 16, 1991 through December 17,
1992; for the third tasks be from July 14, 1992 through
October 25, 1993; and for the fourth tasks from July 2,
1993 through September 1, 1994.
Motion was made by Councilwoman Trejo, seconded by
Councilman Maloy to authorize Resolution #3474 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
RESOLUTION #3475
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock 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 said City and Geraghty & Miller,
Incorporated, for an investigation, research, evaluation, development and
recommendation by said firm as to the most appropriate long-range ground
water management program for the ground water reserves of the City of
Lubbock, 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 22nd day of October, 1990.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Dan A. Hawkins
Dan A. Hawkins, Director of
Water Utilities
AGREEMENT FILED WITH RESOLUTION
IsZ B. C. McMinn
B. C. McMINN, MAYOR
FTITJ11� ��
/s/ J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
This Contract authorizes Geraghty & Miller, Inc., a
ground water firm, to perform work to determine the
most appropriate management plan for the City's ground
water reserves, water production operations, water
rights purchases, water rights leases, well
redevelopment, reactivation of dormant well reserves
and new well drilling at a total estimated cost of
$145,028.
Due to increasing need for water to supplement the Lake
Meredith surface supply and the City's depleting ground
water reserves; to ensure efficient and economical
utilization of all reserves, current and proposed; and
in light of other emerging issues affecting its water
supply future, Staff recommended using the services of
a professional firm specializing in ground water
resources to conduct a comprehensive assessment of its
ground water reserves, ground water use strategy, and
to develop a long-range (50-year) ground water
October 22, 1990
Page 758
management program. Once the formal assessment has
been made, Staff will be trained in project -specific
computer software to monitor and update the system, to
ensure maximum utilization of all water sources, to
predict future ground water needs, and to utilize
appropriate criteria in evaluating potential ground
water rights purchases.
Staff anticipated that the ground water management
assessment will require approximately 12 months to
complete, and work is scheduled to begin November 1,
1990.
Motion was made by Councilman Patterson, seconded by
Councilman Maloy to authorize Resolution #3475 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
(13.) Consider Resolution #3476 authorizing the Mayor to sign
a Contract with Texas Department of Community Affairs
for the 1990/91 Energy Crisis Grant Program.
RESOLUTION #3476
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 and
all related documents during the effective dates of the Contract, by and
between the City of Lubbock and the Texas Department of Community Affairs
for energy crisis intervention for low income persons, 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 22nd day of October, 1990.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
• :1 T1111:&10110111 k 19 1 k I F
/s/ Sylvia A. Martinez
Sylvia A. Martinez, Community
Services Supervisor
GRANT PROPOSAL FILED WITH RESOLUTION
/s/ B. C. McMinn
B. C. McMINN, MAYOR
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
The City of Lubbock has received the 1990-91 Contract
from the Texas Department of Community Affairs for the
z Energy Crisis Intervention Program. The guaranteed
funding is $39,872, but the anticipated total is
$85,534, based on the Agency's historic practice of
supplementing the budget through the funding year.
Of the total amount, 93.75% will be used for direct
assistance to pay utility bills in emergency
situations, and the remaining 6.25% will cover
administrative costs of the program.
October 22, 1990
Page 759
Funds will be used to assist the elderly, handicapped
and families with pre-school age children, and to be
eligible, these families must be experiencing some
extraordinary crisis that has depleted their resources
normally used to pay utility bills. Such instances
include accidents or illness resulting in high medical
bills, loss of employment, death or funeral expenses,
unusually high utility bills resulting from severe
weather, or termination of unemployment compensation.
Termination of utility service alone does not
constitute an energy crisis, and these funds cannot be
used to pay reconnect fees or deposits. (Project HELP
money can be used for these expenses.) Assistance is
available to pay any utility bill, gas, electric,
propane or water if a health -threatening condition is
involved. The Community Services Department is
required to determine eligibility and arrange for
payment of utility bills within 48 hours of
application.
State funds are to be spent county -wide; Project HELP
money is spent within the city limits, primarily with
City of Lubbock bills. Last year, a total of 590
families were assisted.
Staff recommended approval of this Contract.
Motion was made by Councilman Patterson, seconded by
Councilwoman Trejo to authorize Resolution #3476 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
90-49B-759-571
(14.) Consider Resolution #3477 adopting the 1991 City of
Lubbock Legislative Program.
RESOLUTION #3477
WHEREAS, the City Council of the City of Lubbock deems it to be in
the best interest of the citizens of the City of Lubbock to request that
the Texas Legislature enact certain legislation during the 1991 legislative
session to benefit the City of Lubbock and its citizens; and
WHEREAS, the City of Lubbock desires to forward to the Texas
Municipal League certain position comments prepared by the City of Lubbock
pertaining to the resolutions of the Texas Municipal League for inclusion
in the Texas Municipal League's 1991 legislative package; and
WHEREAS, the City Council desires to authorize the Mayor of the City
of Lubbock to sign such resolutions of the City of Lubbock as may be
hereafter prepared for submission to the Texas Legislature in accordance
with the City of Lubbock's legislative proposals; NOW THEREFORE:
BE IT AUTHORIZED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby endorses and
supports the attached City of Lubbock 1991 legislature program proposals
and hereby requests and encourages the Texas Legislature to consider
passage of such proposed legislation; and
THAT the City Council of the City of Lubbock hereby forwards the
attached position comments to the Texas Municipal League for consideration
in drafting the final resolutions contained in the Texas Municipal League's
1991 legislative program package; and
THAT the Mayor of the City of Lubbock is hereby authorized and
directed to sign such additional resolutions of the City of Lubbock as may
be necessary to promote the City of Lubbock's position with regard to
legislative proposals for the 1991 session of the Texas Legislature; and
October 22, 1990
Page 760
THAT the final legislative proposal package of the Texas Municipal
League is hereby approved and endorsed by the City Council of the City of
Lubbock, Texas.
Passed by the City Council this 22nd day of October, 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 Bob Casse /s/ Donald G. Vandiver
Bob Cass, Deputy City Manager Donald G. Vandiver, First
Assistant City Attorney
CITY OF LUBBOCK
1991 LEGISLATIVE PROGRAM
EXECUTIVE SUMMARY
TABLE OF CONTENTS
Executive Summary....................................................1-2
Article 45.54--Language................................................3
Article 6663-C Amendments.. ..... .......................4-5
Amendment to Article 6687-C Motor Vehicle Code.........................6
Change in Law to Allow Use of Signature Stamps .........................7
Change in Law to Protect Magistrates...................................8
Change in Statutory Limits on Fines....................................9
Collection of Hotel/Motel Taxes..................... .................10
Increasing Allowed Restitution Under Deferred Adjudication ............ 11
Pawnshop Regulations Amendment .................................... ...12
Reproduction Fees...............................................13-14
1/2 Cent Sales Tax uses and provisions................................15
Sale of Wines at Airport.. ..... .16
Texas Local Government Code Amendments.............................17-18
CITY OF LUBBOCK
1991 LEGISLATIVE PROGRAM
The Lubbock City Council develops a legislative program prior to the
commencement of the biennial Texas Legislative Session. The legislative
program is developed to communicate the City Council's position on various
bills and issues to state legislators. These recommendations should
provide adequate information on how a particular bill or issue will affect
the City of Lubbock.
Through participation in the State Legislative process, the Council seeks
to ensure that the citizens continue to receive the most efficient and
k. effective use of their tax dollars. The Council looks forward to working
with our legislators during the 1991 Legislative Session and appreciate the
favorable attention that we have received in the past.
There are fourteen issues that the City of Lubbock would like to see
addressed during the 1991 Legislative Session. Some of the key proposals
in this year's legislative package include:
October 22, 1990
Page 761
1) COLLECTION OF HOTEL/MOTEL TAXES:
The City of Lubbock has proposed changes in the law relating to the
collection of Hotel/Motel Taxes. This is an effort to improve the
City of Lubbock's ability in collecting unpaid Hotel/Motel Taxes,
which are oftentimes difficult, if not impossible, to collect.
2) CHANGE IN STATUTORY LIMITS ON FINES:
In an effort to improve enforcement of certain violations, the City
of Lubbock proposes that the maximum amount of certain fines be
raised.
3) INCREASING ALLOWED RESTITUTION UNDER DEFERRED ADJUDICATION:
The City of Lubbock proposes that the allowed amount of fine, in
cases of deferred adjudications, be increased up to the amount of the
actual damage done by the defendant.
-I-
4) PAWN SHOP REGULATIONS AMENDMENT:
The City of Lubbock would propose a number of changes in the Texas
Consumer Credit Commission's regulations relating to pawn shops. We
feel these proposed amendments will serve to increase the rep-
utability of pawn shops, as well as decrease the use of pawn shops
for the furthering of illegal activities.
5) 1/2 CENT SALES TAX USES AND PROVISIONS:
The City of Lubbock supports the recommendation of the City of
Midland that allows cities to impose a 1/4 cent sales tax for eco-
nomic development use and a 1/4 cent sales tax for Tran-
sit/Transportation use. Current state law requires the entire 1/2
cent (if adopted) be used only for one of these provisions.
1/2 CENT SALES TAX USES AND PROVISIONS
Currently, a sales tax of 7 1/2% is applied to all applicable sales items
in Lubbock. The State of Texas imposes a maximum sales tax of 8% in any
community. Due to recent changes in the Texas Law, several options are
currently available to the City and/or County for the use of the additional
1/2 cent sales tax. These include:
1) For economic development purposes - Current state only allows this
option to be exercised in 1/2 cent increments. Thus, if the City of
Lubbock were to elect this option, it would preclude all other
options.
2) For Public TransitlTransportion - Again, this option can only be
elected in 1/2 cent increments.
3) For the reduction of property taxes
4) For use by the County for various options (Economic Development or
other purposes).
In September, 1990, the City Council agreed to support a request submitted
by the City of Lubbock that will allow cities to adopt the remaining 1/2
cent sales tax for both economic development purposes and for
Transit/Transportation purposes. This provision would seek a legislative
change which would allow both of those options to be exercised in 1/4 cent
increments. This change would allow communities to adopt both taxes and
still remain within the 8% maximum imposed by the state.
The City of Lubbock supports this legislation, in conjunction with the City
of Midland, and believes it would provide Texas cities with a valuable
option in the allocation of sales tax revenues.
October 22, 1990
Page 762
COLLECTION OF HOTEL -MOTEL TAXES
According to current state law, unpaid hotel/motel taxes do not run with
the land. This is true even if the unpaid taxes are reduced to a
judgement. In such cases the only alternative available is a suit for the
amount from the prior owner. Unfortunately, this is often a very difficult
matter to pursue as many times the prior owners are from foreign countries,
are very mobile, or are otherwise judgement -proof.
We would request that the Property Code and/or Tax Code and/or Civil
Practice and Remedies Code be amended such that the unpaid taxes will
attach to the land. This will allow us to either collect from the new
owner or collect from the former owner at the time the transaction closes.
REPRODUCTION FEES
Article 6252-17a currently allows cities to charge a fee for copies made
unless the request is for 50 pages or less. This excludes many requests
for things such as accident and police reports, as well as other public
records as they are quite often less than 50 pages in length.
We propose that an amendment be made such that cities would be allowed to
charge the same fee that the Texas Department of Public Services is now
allowed to charge via Article 701(d), Section 47. Specifically, we would
request that Section 9(a, b & h) be amended to read as follows:
Section 9(a): The cost to any person requesting non -certified
photographic reproductions of public records comprised of pages to
legal size shall not be excessive. The State Purchasing and General
Services Commission shall, from time to time, determine guidelines on
the aetual cost of standard size reproductions and shall periodically
publish these cost figures for use by governmental bodies in
determining charges to be made pursuant to this act. The cost of
obtaining a standard or legal size photographic reproduction shall be
in an amount that reasonably includes all costs related to
reproducing the record including costs of materials, labor and
overhead, unless the request is for 50 pages or less of readily
available information.
Section 9(b): Charges made for access to public records comprised in
any form other than up -to -standard size pages or in computer record
banks, microfilm records or other similar record -keeping systems
shall be set upon consultation between the Officer For Public Records
and the State Purchasing and General Services Commission giving due
consideration to the expenses involved in providing the public
records, Fflaking- -every- -ef fort - to- iiia-teh -the- -cheiges -wimth - the- -ac-tin l
eest-ef-i)-rovA,dA.ng--ttie--r-ec-ords--; Costs of providing the record shall
be in an amount that reasonably includes all cost related to
providing the record, including costs of materials, labor and
overhead.
Section 9(h): If a governmental body refuses or fails to provide
copies of public records at the aetual cost of reproducing the
records as provided in Subsections (a) and (b) of this section, a
person who overpays shall be entitled to recover three times the
amount of the overcharge: provided, however, that the governmental
body did not act in good faith in computing the cost.
We also propose that this be added to this section:
(i) Municipalities shall be allowed to charge a maximum fee of
$4.00 for copies of records of 5 pages or less and a maximum of
10 cents for each page over 5.
We believe that by implementing these changes, we would be
allowed to charge the same fee that the Texas Department of
Public Safety is now allowed to charge in Articles 6701(b),
Section 47.
October 22, 1990
Page 763
ARTICLE 45.54-LANGUAGE
Currently, Article 45.54 Code of Criminal Procedure, relating to deferred
adjudication, uses the term "Justice of the Peace" when referring to those
judges who have authority under the particular statutory section. We would
propose that the language be changed such that the term "Municipal Court
Judge" is included. The current language is liberally interpreted to
include Municipal Court Judges. This change would help to clarify this.
OPEN RECORDS ACT AMENDMENT
PREVENTING SOLICITATION OF LEGAL CLIENTS
Under the current Open Records Act, anyone can request access to Municipal
Court records of citation violators. We propose that the Open Records Act
be amended such that access to such records be limited or restricted.
There is a practice by certain lawyers who request lists of violators under
the Open Records Act. These attorneys then send out postcards to these
violators in hopes of soliciting such persons as potential clients. The
opinion of our local Bar Grievance Committee is that such a practice does
not violate any ethical constraints.
We are concerned that the impression will be left that the Court is
"assisting" such requesting lawyers in the solicitation and recruitment of
clients for private attorneys. We feel an amendment to the Open Records
Act is a proper and effective way to deal with this issue.
CHANGES IN LAW TO PROTECT MAGISTRATES
Current law dictates that Municipal Court Judges are to arraign juvenile
offenders outside the presence of law enforcement officers. That is, no
law enforcement officer, including bailiffs are to be present whenever a
magistrate or judge arraigns or takes the statement of a juvenile. Only
the juvenile and the judge may be present in the courtroom.
The hazards posed by the current law are obvious. The judge is left alone
with a potentially violent and/or volatile juvenile. As current law does
not allow magistrates to carry weapons, the judge or magistrate is
vulnerable to assault by a possibly dangerous juvenile.
We propose that a change be made in the law in this respect. We propose
that the law be changed in such a way as to provide protection for
magistrates. Allowing the presence of a law enforcement officer (i.e. a
Bailiff), will achieve this desired end.
CHANGE IN LAW TO ALLOW USE OF SIGNATURE STAMPS
The current case law in Texas holds that a judge who signs a warrant or
other court document by using a signature stamp will not be extended
judicial immunity in event the judge or court is sued for alleged civil
rights or other statutory violations. In courts the size of Lubbock's, the
judge ends of having to sign literally hundreds, if not thousands, of
warrants and other documents in order to guarantee that if there is a
lawsuit arising out of any of those documents, he will not lose or waive
his judicial immunity. This is obviously an onerous burden on judges which
we feel needs to be addressed by the legislature. We propose a change in
the case law to allow judges in jurisdictions encompassing 100,000 or more
population to use a signature stamp on warrants and other official
documents without the risk of being sued and losing judicial immunity.
CHANGE IN STATUTORY LIMITS ON FINES
Other than zoning, safety and health code violations, the current maximum
fine amount cannot exceed $200 per violation. This is not realistic,
punitive or effective in some cases. By increasing the amount of fines for
the Class C jurisdiction courts, the jurisdiction of such courts could be
better enforced and respected under certain circumstances. We propose a
change in the statutory limits of Municipal Court to allow a jurisdictional
fine of up to $500, at least for certain offenses.
October 22, 1990
Page 764
SUPPLEMENTAL ASSISTANCE FOR CITY MARSHALLS
We request that supplemental assistance be obtained from the state in order
to bring the base salaries of City Marshal 1 s up to parity with other law
enforcement officers. Such a supplement would make the Marshall's a more
competitive position, as well as give extra funding to add to the court
staff for additional Marshalls, in order to process the court's massive
backlog of delinquent warrants.
This additional funding, leading to additional manpower, would enhance the
jurisdiction of the court, as well as increase the revenues of the City
coffers through a more concentrated program of serving warrants and
collecting fines under such warrants.
FUNDING FOR MARSHALL TRAINING
We request that additional state funding be obtained for additional
training of Marshall's in order to increase their expertise in law
enforcement methods. This increase in professionalism will no doubt
decrease the chances of injury or incident when such officers confront a
sometimes hostile and violent citizenry who comes in contact with the
court.
INCREASING ALLOWED RESTITUTION
UNDER DEFERRED ADJUDICATION
Under current law, a court can order restitution against the defendant only
up to the amount of the fined jurisdiction (i.e. up to $200); however, in
many circumstances, the amount of damage done by a defendant against a
person exceeds that amount.
We propose that a Municipal Court be allowed to increase its jurisdictional
amount for the purpose of requiring restitution under deferred
adjudication. The Court should be allowed to order restitution beyond the
amount of the fine, notwithstanding that the fine amount itself cannot
exceed $200.
PAWN SHOP REGULATIONS AMENDMENT
The Texas Consumer Credit Commission recently promulgated proposed
regulations governing the operation of pawn shops. The proposed
regulations appeared in the July 27, 1990 edition of the Texas Register.
We would support the proposed regulations in the following areas:
Holding:
The period during which pawned items must be held before they can be
resold should be extended from seven days to thirty days.
Identification:
i+m
"Any time a pawn loan or purchase is made, the pawnbroker must
require that the customer show acceptable identification which
contains a photograph of the customer." In addition, the regulations
provide that "a thumbprint of the person pawning, pledging or selling
items to the pawnbroker or pawn shop shall be required, in a form
approved by the Chief of Police, access to the prints will be
restricted and not disclosed to the general public. Such prints will
only be used by the Police Department for law enforcement purposes."
Pawn shops will not be allowed to operate twenty-four hours a day.
The businesses may not open after 9:00 p.m. or before 7:00 a.m. The
change is intended to make it more difficult for thieves to pawn
items stolen in late night burglaries.
October 22, 1990
Page 765
Loans•
Pawnbrokers should not be allowed to give loans to anyone under 18
years of age, nor should they be allowed to give loans to anyone they
believe to be under the influence of drugs or alcohol.
Purchases•
Pawnbrokers should be prohibited from purchasing any merchandise
which appears to be the property of a rental company, motel, training
school, construction company, or other business unless the seller
shows proof of ownership.
OPEN RECORDS ACT AMENDMENT
PREVENTING USE OF INFORMATION BY INSURANCE COMPANIES
Under current law, a person who puts a citation on deferred adjudication
does so, in many instances, in order to keep that citation off their
driving record which is kept and issued by the Department of Public Safety
in Austin. This is the attraction of deferred adjudication.
The Department of Public Safgety cannot require that a court report
citations deferred to Austin, nor can the Department of Public Safety place
a deferred citation on the individual's state driving record.
Through the use of the Open Records Act, an insurance company could look at
the court's inhouse record, rather than DPS records. The insurance company
would then see what citations are on deferred and perhaps penalize the
driver, even though the citations will not actually be on the driver's
state record.
We propose that the Open Records Act be amended such that access to such
court records, by insurance companies, for such purposes, be prohibited.
AMENDMENT TO ARTICLE 6687-C
MOTOR VEHICLE CODE
Under current law, with the agreement of the County and the Department of
Public Safety, a City can implement a procedure such that a driver will be
refused his automobile registration and/or his driver's license will be
revoked if he has outstanding traffic warrants. The statute authorizing
this applies only to home -rule cities with a population of not less than
380,000.
We would propose that the population requirement be lowered such that
Lubbock and other cities like it would be able to implement and take
advantage of this procedure.
SPRAY PAINT SALE RESTRICTIONS
Currently, there are no restrictions on the sale of spray paints to minors.
As a result, the paint is often used to vandalize property and to paint
graffiti, often symbolizing gang territory.
We propose that restrictions be placed on the sale of spray paint to
minors. We would request that the restrictions closely resemble those now
in effect on the sale of airplane glue.
ARTICLE 6663-C AMENDMENTS
We would propose the following amendments to Article 6663-C regarding the
administration and funding of mass transportation:
October 22, 1990
Page 766
1) An amendment stating that all discretionary money would stay within
the same category and not be transferred into other categories; that
is, MTA (20%), Small cities (40%), Rural transit systems (50%).
A. This amendment would prevent discretionary funds which have
been allocated to small cities from going to rural systems.
2) An amendment stating that funds be split between existing transit
systems and new starts; 95% would go to existing transit systems for
the smaller cities, with the remaining 5% set aside to help new
transit systems get started. Funds not used for new starts will be
returned to discretionary funds to be used by other small cities in
the second year of the biennium.
B. At the present time, there are 24 cities with populations
between 50,000 and 200,000. Thirteen of these cities already
operate a transit system and would then qualify for 95% of the
funds. If the other eleven cities decided to start a transit
system, they would qualify for the remaining 5% of the funds.
3) An amendment stating that the 95% funding for small cities be either
designated as one-year grant only or spread over a two-year period
with a state contract being automatically renewed for the second
year.
4) An amendment stating that the funding level for the State Public
Transportation Fund be doubled for this biennium appropriation or a
minimum of $15 million dollars. Source of funding would be from the
non -dedicated highway funds.
C. Article 6663C states that the city can use State Public
Transportation funds in the following ways:
1) 65% of local share can be used for capital and planning
funds.
2) 50% of local share can be used for operating expenses.
5) An amendment stating that the designated recipient status for small
cities be grandfathered such that cities with populations between
50,000 and 200,000 permanently remain the designated recipients.
If these amendments pass, the City of Lubbock would be eligible for
approximately $600,000 over the biennium.
Prior to each legislative session, the City Staff
develops a package of proposed legislative changes
which address concerns of the City of Lubbock. In
addition, the Texas Municipal League begins collecting
resolutions from member cities concerning proposed
legislation which will appear on the TML 1991
Legislative Program. In preparation for the TML
Resolution Committee meeting at the annual TML meeting
in Corpus Christi, the City of Lubbock Staff has
responded to each proposed TML resolution to make
Council aware of the various impacts the legislations,
if passed, will have on the City of Lubbock.
Council was asked to consider a Resolution endorsing
the City of Lubbock 1991 Legislative Program, the City
of Lubbock's position on proposed TML resolutions, and
the 1991 TML Legislative Program once it has been
decided upon following the Annual TML meeting.
The Resolution authorizes the Mayor to sign subsequent
resolutions brought for consideration as long as these
resolutions are consistent with the recommendations in
the legislative package.
October 22, 1990
Page 767
Motion was made by Mayor Pro Tem Baker, seconded by
Councilman Aderton to authorize Resolution #3477 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
90-49B-767-572
(16.) BID #10897--Pipe and pipe fitting items (Central
Warehouse).
Western Industrial--12 ea. 6" IPSxPIP gasket joint
adapter; 4 ea. 8" IPSxPIP gasket joint adapter; 12 ea.
10" EPSxPIP gasket joint adapter.
Clowe & Clowe--4 ea. 1/4"x50' copper tubing; 1,200' 6"
ductile iron Class 150 pipe; 30 ea. 1/2"x3/8" GALV
reducing bushing.
Fields & Co.--12 ea. 1-1/2" brass coupling; 20 ea. 2"
90-deg. brass elbow.
Watermaster Irrigation--40 ea. 1-3/4" PVC male adapter.
Moore Supply--2 ea. 10" 45-deg. C.I. water main bend; 6
ea. 4"x3" C.I. water main reducer.
Severe Service Sales--100 ea. 1"x2" PVC nipple.
Morrison Supply Co.--200 ea. 1" PVC coupling SXS; 100
ea. 3/4X6" PVC nipple; 50 ea. 1"x3-1/2" PVC nipple; 8
ea. 6"x4" reducer SXS; 25 ea. 3/8"x8" GALV nipple; 50
ea. 2"x10" GALV nipple; 25 ea. 2" GALV tee; 25 ea. 1-
1/2"x2" brass nipple; 4 ea. 6"x6" M.J. tapping sleeve.
A&P Water and Sewer, Odessa--3,840' 6" PVC sewer pipe.
Motion was made by Councilman Patterson, seconded by
Councilman Phillips to authorize low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
90-49B-767-573
(17.) BID #10864--Electric cable and fitting items (Central
Warehouse).
Temple, Inc.--1,200 ea. 17.5 KV pin tape insulator; 50
ea. 6" plastic identifying tape; 18 ea. Metal 3-phase
sectionalizing cabinet; 50,000 ea. No. 2 Triplex cable
in duct.
Fields & Co.--12 ea. Aubbell THB-21 mounting bracket.
Cummins Supply Co., Amarillo--25 ea. Riser pole
arrester 9 KV rating; 250 ea. 400 W. luminaire.
Motion was made by Councilman Patterson, seconded by
Councilman Phillips to authorize low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
90-49B-767-574
(18.) BID #10914--Automobiles (Central Garage).
Scoggin-Dickey Chev.-Buick-Geo, Inc.--42 ea. Police
Sedan, marked patrol 4-door.
Motion was made by Councilman Patterson, seconded by
Councilman Phillips to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
October 22, 1990
Page 768
(19.) BID #10944--Abandoned Vehicles Contract (Police
Department).
RESOLUTION #3478
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 City of Lubbock and RP's Heavy Duty Towing for removal and
storage of abandoned motor vehicles, 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 22nd day of October, 1990.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
s Gene Eads
Gene Eads, Purchasing Manager
STATE OF TEXAS
COUNTY OF LUBBOCK
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant
City Manager
THIS AGREEMENT, made and entered into this 22nd day of October, 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 RP's Heavy Duty Towing 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. 10944 - FOR REMOVAL AND STORAGE OF ABANDONED MOTOR VEHICLES
IN THE AMOUNT OF $10.00 PER VEHICLE
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
I 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.
October 22, 1990
Page 769
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
City Secretary
APPROVED AS TO CONTENT:
/s/ Gene Eads
Gene Eads, Purchasing Manager
COMPLETE ADDRESS:
RP's Heavy Duty Towing
711 Erskine Street
Lubbock, Texas, 79464
9110fflm.•&
CITY OF LUBBOCK, TEXAS (OWNER)
Zsl B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Zsl Harold Willard
Harold Willard, Assistant City
RP'S HEAVY DUTY TOWING
/s/
TITLE: President
ATTEST:
/s/
Secretary
RP's Heavy Duty Towing --Abandoned Vehicle Towing,
price/vehicle.
Motion was made by Councilman Patterson, seconded by
Councilman Phillips to authorize Resolution #3478.
Motion carried: 7 Yeas; 0-Nays.
(20.) BID #10896--Service drop cable and fittings (Central
Warehouse).
Westinghouse Electric Supply--100 ea. No. 4 tension
sleeve; 50 ea. 1/0 pothead 15KV 19STR; 25 ea. 2" rigid
conduit coupling; 50 ea. 2" conduit lockout.
Techline, Inc., Amarillo--50 ea. No. 4/0 terminal lug;
30,0001 No. 4 triplex service drop.
Cummins Supply--80 ea. 1" EMT conduit (10' lengths); 60
ea. 2" 90-deg ELL.
Motion was made by Councilman Patterson, seconded by
Councilman Phillips to authorize low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
(21.) BID #10825--Concrete work at Chalker Sub -Station
(Electric Distribution
RESOLUTION #3479
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 Eagle Building & Development for a
concrete work Chalker Sub -station, attached herewith, which shall be spread
October 22, 1990
Page 770
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 22nd day of October, 1990.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
I,1>>:1111a 11:M iX*1►kI$Ik
IsZ Gene Eads
Gene Eads, Purchasing Manager
STATE OF TEXAS
/s/ B. C. McMinn
B. C. McMINN, MAYOR
IA . a *ll4 17��0to]IS ug
/s/ Harold Willard
Harold Willard, Assistant
City Attorney
THIS AGREEMENT, made and entered into this 22nd day of October, 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 Eagle Building & Development 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. 10825 - FOR CONCRETE WORK AT CHALKER SUB -STATION
IN THE AMOUNT OF $13,541.00
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
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
tW documents and to make payment on account thereof as provided therein.
October 22, 1990
Page 771
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
City Secretary
APPROVED AS TO CONTENT:
/s/ Gene Eads
Gene Eads, Purchasing Manager
COMPLETE ADDRESS:
Eagle Building & Development
Route 7, Box 247B
Lubbock, Texas, 79401
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
IsZ Harold Willard
Harold Willard, Assistant City
EAGLE BUILDING & DEVELOPMENT
/s/
TITLE: President
ATTEST:
/s/
Secretary
Eagle Building & Dev.
Motion was made by Councilman Patterson, seconded by
Councilman Phillips to authorize Resolution #3479 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
(22.) RFP #10957--Main frame and computer upgrade, and
authorize same (Information Services).
RESOLUTION #3480
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 International Business Machines
Corporation for IBM processor upgrade, 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 22nd day of October, 1990.
F.111111*1
Zsl Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Gene Eads
Gene Eads, Purchasing Manager
Zsl B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant
City Attorney
October 22, 1990
Page 772
CONTRACT
THIS AGREEMENT, made and entered into this 22nd day of October, 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 International Business Machines
Corporation 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. 10957 - FOR IBM PROCESSOR UPGRADE
IN THE AMOUNT OF $221,610.01
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
City Secretary
s Gene Eads
Gene Eads, Purchasing Manager
life] I»:190.1111111ft's
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
INTERNATIONAL BUSINESS MACHINES CORP.
/s/
TITLE: President
ATTEST:
/s/
Secretary
International Business Machines Corporation
1602 loth Street
Lubbock, Texas, 79401
October 22, 1990
Page 773
International Business Machines Corp.--1 ea. IBM 9221-
150 Processor, Operator Console, 32 MB Memory, Single
I/O Bus, I/O Bus Link, 6 S/370 Block MPX Channels, IBM
Token Ring 16 MPS, Token Ring Cable; 1 ea. IBM
9309-002 Rack.
Motion was made by Councilman Patterson, seconded by
Councilman Phillips to authorize Resolution #3480 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
90-49B-773-579
(23.) BID #10930--Exterior light fixtures for municipal
buildings (Building Services).
Cummins Supply Co., Amarillo--1 lt. Exterior lighting
for Mahon Library.
Nunn Electric Supply Corp.--1 lt. Exterior lighting for
Municipal Building.
Southwestern Electric Supply--1 lt. Exterior lighting
for Municipal Square.
Motion was made by Councilman Patterson, seconded by
Councilman Phillips to authorize low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
all
(24.) BID #10895--Kinqsgate Park playground construction, and
authorize same (Parks and Recreation).
RESOLUTION #3481
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 Eagle Building & Development Company
for playground installation at King's Gate Neighborhood Park Site, 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 22nd day of October, 1990.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
/s/ Gene Eads
Gene Eads, Purchasing Manager
IsZ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant
City Attorney
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
October 22, 1990
Page 774
THIS AGREEMENT, made and entered into this 22nd day of October, 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 Eagle Building & Development 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. 10895 - FOR PLAYGROUND INSTALLATION AT KING'S GATE NEIGHBORHOOD
PARK SITE IN THE AMOUNT OF $13,380.00
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
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
City Secretary
APPROVED AS TO CONTENT:
/s/ Gene Eads
Gene Eads, Purchasing Manager
' MOTT'ITINTga
Eagle Building & Development
Route 7, Box 247B
Lubbock, Texas, 79401
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
EAGLE BUILDING & DEVELOPMENT
/s/
TITLE: President
ATTEST:
/s/
Secretary
October 22, 1990
Page 775
Eagle Building & Development
Motion was made by Councilman Patterson, seconded by
Councilman Phillips to authorize Resolution #3481 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
90-49B-775-581
(25.) BID #10854--Electric conduit (Central Warehouse).
Temple, Inc.--48 ea. No. 2 cable support; 10 ea. No.
4/0 cable support; 70 ea. 12" conduit support; 50 ea.
2" conduit strap; 30 ea. conduit support, 24".
Westinghouse Electric Supply--20 ea. 2" entrance
fittings.
Graybar Electric Co., Inc., Amarillo--300 ea. 1-1/4"
insulated bushing; 100 ea. 4"-1-way plastic conduit
spacer; 150 ea. 5", 5 deg. PVC angle coupling; 15 ea.
4" 90 deg. PVC ELL; 50 ea. 2" 90 deg. rigid ELL.
Fields & Co.--400' 3/4" flexible conduit; 175 ea. 4"
rigid conduit; 24 ea. 1-1/4" rigid ELL.
Nelson Electric Supply--50 ea. 1-1/4" conduit
connector; 200 ea. 1-1/2" 2-hole pipe strap; 100 ea. 2"
2-hole pipe strap.
Cummins, Amarillo--100 ea. heat shrink tubing No. 4-
3/0; 40 ea. heat shrink tubing No. 4/0-30 MCM.
Motion was made by Councilman Patterson, seconded by
Councilman Phillips to authorize low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
90-49B-775-582
(26.) BID #10870--7.5 Gigabytes disk storage (Information
Services).
McDonnell Douglas Corp., Scottsdale, AZ--3380 AK4 disk
storage.
Motion was made by Councilman Patterson, seconded by
Councilman Phillips to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
90-49B-775-583
(27.) BID #10880--Vertical reciprocating conveyor, and
authorize same (Building Maintenance).
RESOLUTION #3482
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 Vaughn Storage Systems Company for a
Vertical Reciprocating Conveyer, 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 22nd day of October, 1990.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Gene Eads
Gene Eads, Purchasing Manager
1 ..
STATE OF TEXAS
October 22, 1990
Page 776
/s/ B. C. McMinn
B. C. McMINN, MAYOR
/s/ Harold Willard
Harold Willard, Assistant
City Attorney
THIS AGREEMENT, made and entered into this 22nd day of October, 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 Vaughn Storage Systems 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. 10880 - FOR VERTICAL RECIPROCATING CONVEYOR
IN THE AMOUNT OF $18,894.00
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
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.
October 22, 1990
Page 777
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
City Secretary
APPROVED AS TO CONTENT:
/s/ Gene Eads
Gene Eads, Purchasing Manager
Vaughn Storage Systems Company
6740 W. 19th Street
Lubbock, Texas, 79490
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Zsl Harold Willard
Harold Willard, Assistant City
VAUGHN STORAGE SYSTEMS COMPANY
/s/
TITLE: President
ATTEST:
/s/
Secretary
Vaughn Storage Systems Co.
Motion was made by Councilman Patterson, seconded by
Councilman Phillips to authorize Resolution #3482 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
90-49B-777-584
(28.) BID #10886--UREA (Airport).
Zipp Industries, Inc., Amarillo--100 tons UREA.
Motion was made by Councilman Patterson, seconded by
Councilman Phillips to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
(29.) BID #10877--Municipal Hill building re -roofing, and
authorize same (Building Services).
RESOLUTION #3483
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 Texas Roofing Company for Municipal
Hill Building Re -roofing, 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.
October 22, 1990
Page 778
Passed by the City Council this 22nd day of October, 1990.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
s Gene Eads
Gene Eads, Purchasing Manager
CONTRACT
STATE OF TEXAS
*1WS 4 1
/s/ Harold Willard
Harold Willard, Assistant
City Attorney
THIS AGREEMENT, made and entered into this 22nd day of October, 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 Texas Roofing 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. 0: FORRE-ROOFING
IN THE AMOUNT OF $40,994.00
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
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.
October 22, 1990
Page 779
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�
City Secretary
APPROVED AS TO CONTENT:
/s/ Gene Eads
Gene Eads, Purchasing Manager
COMPLETE ADDRESS:
Texas Roofing Company
P.O. Box 2156
Lubbock, Texas, 7908-2156
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
TEXAS ROOFING COMPANY
/s/
TITLE: President
ATTEST:
/s/
Secretary
Texas Roofing Co.
Motion was made by Councilman Patterson, seconded by
Councilman Phillips to authorize Resolution #3483 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
90-49B-779-586
( 7.) ORDINANCE #9393--Zone Case #2658 (Southwest corner of
50th and Elgin) --Hold a Public Hearing to consider
request of Richard Henderson (for Cavalcade
Monterey Center Addition.
ORDINANCE #9393
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP
OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2658; A
ZONING CHANGE FROM C-3 ZONING, SUBJECT TO CONDITIONS, TO C-3 ZONING SUBJECT
TO CONDITIONS (NEW), BY DELETING ALL PRIOR CONDITIONS OF ORDINANCES 2183,
2215, 2285 & 5217 TO ALLOW FOR REDEVELOPMENT ON A PORTION OF TRACT A,
MONTEREY CENTER ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Randy Eggenbacher appeared on behalf of Cavalcade
Development to present this request for zone change.
No one spoke in opposition. Mayor McMinn closed the
hearing at 10:33 a.m.
Assistant City Manager Jim Bertram stated that the
parcel was zoned by a series of cases from 1955 to
1970, the result of which was a shopping center tied to
a Site Plan with several conditions; the owner must
have a new zone case to build anything.
October 22, 1990
Page 780
According to Mr. Bertram, a C-3 zone case was filed on
the entire project, but Furrs-Bishop has not developed
a Site Plan for the entire area nor coordinated an
Agreement with the Warren family, owners of W.D.
Wilkins, and as a result, the proponent requested
withdrawal of all the land except for a 500' square in
the north east corner. With this area, plans can
proceed on a new cafeteria and another small parcel on
the corner while plans for the balance of the tract are
developed. A second zone case will follow when those
plans are ready to provide a basic Site Plan.
Mr. Bertram gave the adjacent land use relationships as
follows:
North
- commercial
South
- commercial
East
- commercial
West
- commercial
The withdrawal of three quarters of the property
shortened discussion before the Planning and Zoning
Commission, and the Warren family indicated support for
the request.
The Planning and Zoning Commission supported the three
conditions proposed by City Staff:
1. The one parcel shall be treated as
free-standing for separate development
and for the sign and parking
regulations.
2. That a Site Plan, including building
elevations showing materials, color and
texture shall be submitted and approved
by the Planning and Zoning Commission
prior to the issuance of a Building
Permit.
3. The front setback for the tract shall
be 43' from Elgin and 50th property
lines.
Staff recommended approval.
Motion was made by Councilman Aderton, seconded by
Councilman Phillips to pass on first reading Ordinance
#9393 with Conditions 1-3 recommended by P&Z and Staff.
Motion carried: 7 Yeas; 0 Nays.
ORDINANCE #9394
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP
OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2118-Q;
A ZONING CHANGE FROM R-1 SPECIFIC USE TO C-3 SPECIFIC USE PERMIT FOR A
SERVICE STATION AND DRIVE THROUGH CAR WASH ON TRACT H, LAKERIDGE COUNTRY
CLUB ESTATES ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
October 22, 1990
Page 781
Roy Middleton appeared on behalf of Texaco and
Lakeridge Country Club Estates to present this request
for zone change.
No one spoke in opposition. Mayor McMinn closed the
hearing at 10:37 a.m.
Assistant City Manager Jim Bertram stated that this
corner is a platted separate parcel at the southeast
corner of Slide Road and 82nd, in the Lakeridge
Shopping Center.
According to Staff memo, there were no public concerns
voiced at the P&Z meeting.
Mr. Bertram gave the adjacent land use relationships as
follows:
North
- commercial
South
- commercial
East
- commercial
West
- commercial
The Planning and Zoning Commission amended the proposal
from C-3 to C-3 Specific Use to provide for the single
bay car wash similar to previous requests. The
Specific Use Permit will provide a reduced setback for
the canopy, and the structures meet Code setback and
will prevent a second trip to the Zoning Board of
Adjustment where setback reductions on canopies have
become fairly routine.
Staff recommended that the City Council uphold the
Planning and Zoning Commission approval, stipulating
that a Site Plan be submitted and approved by Staff
before second reading.
Motion was made by Mayor Pro Tem Baker, seconded by
Councilman Patterson to pass on first reading Ordinance
#9394, with review and approval of Site Plan before
passage on second reading. Motion carried: 7 Yeas; 0
Nays.
(15.) Hold an Executive Session to discuss pending litigation
(Codes Enforcement).
(30.) Hold an Executive Session to discuss personnel matters
regarding appointments to:
Community Services Commission
Zoning Board of Adjustment
Airport Board
90-49B-781-589
(31.) Consider one appointment to the Community Services
Commission to fill the unexpired term of Father David
Cruz. Father Cruz' term will expire August 31, 1991.
Motion was made by Councilman Phillips, seconded by
Councilman Patterson to appoint Ernestine Carrizales to
fill the unexpired term of Father David Cruz on the
Community Services Commission. Motion carried: 7
Yeas; 0 Nays.
October 22, 1990
Page 782
90-49B-782-590
(32.) Consider one appointment to the Zoning Board of
Adjustment to fill the unexpired term of Garry Creath.
Mr. Creath's term will expire February 26, 1992.
90-49B-782-591
(33.)
Motion was made by Councilman Phillips, seconded by
Councilman Patterson to move Penny Morin from alternate
to regular membership to fill the unexpired term of
Garry Creath and appoint Ruben Reyes as alternate
member on the Zoning Board of Adjustment. Motion
carried: 7 Yeas; 0 Nays.
Motion was made by Councilman Phillips, seconded by
Councilman Patterson to appoint Vilsen Salinas to fill
the unexpired term of Bill J. Parsley on the Airport
Board. Motion carried: 7 Yeas; 0 Nays.
There being no further business to come before Council, motion was made by
Councilman Patterson, seconded by Councilwoman Trejo to adjourn the meeting
at 11:22 a.m. Motion carried: 7 Yeas; 0 Nays.
C. McMINN,MAYOR
Ran6tte Boyd, City Sec et
READ AND APPROVED THIS 8TH DAY OF NOVEMBER, 1990.
03UMMIlklikimi T T 1•
Ranet e Boyd, City Secretary