Loading...
HomeMy WebLinkAboutMinutes - City Council - Regular - 12/13/1990CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING DECEMBER 13, 1990 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 13th day of December, 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 Deputy City Manager Bob Cass. 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 December 6, 1990 Regular City Council meeting as written. Motion carried: 7 Yeas; 0 Nays. 4.) Board Appointments ME 0-IRMIM 5.) Chuck Kershner will appear on behalf of Blockbuster Video to request a Loudspeaker Permit for December 18, 1990 from 7:00 p.m. until 11:00 p.m. in conjunction with a Christmas party. Previous to the Council meeting Chuck Kershner had submitted a written request on behalf of Blockbuster Video for a Loudspeaker Permit in conjunction with a party at the Four Bar K Ranch, 98th and Detroit. Mr. Kershner has met the requirements of the Loudspeaker Ordinance, but City Council approval is necessary due to the location and time of the event. Motion was made by Councilwoman Trejo, seconded by Councilman Aderton to approve issuance of a Loudspeaker Permit to Chuck Kershner for Blockbuster Video for December 18, 1990 from 7:00 p.m. until 11:00 p.m. Motion carried: 7 Yeas; 0 Nays. 6.) Doyle McLeod will appear to request Council acceptance of I-11U per square foot valuation for property requested for closure in Country Club Addition (700 N. Avenue U). December 13, 1990 Page 862 90-49B-862-654 ( 7•) ORDINANCE #9402 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF STREETS AND ALLEYS LOCATED IN THE COUNTRY CLUB ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. David Goyette, presented a letter from Doyle McLeod, requesting that Council waive assessment for closing of right of way described as follows: Portions of streets (Kemper, Jarvis, Itasca, Harvard and Grinnell) and portions of alleys adjacent to these streets in Blocks 1, 8, 9, 16 and 17, east of North Avenue H in the Country Club Addition. The closure was requested by Doyle McLeod for replatting purposes. Total area of streets being closed is 67,519 square feet (1.5500 acres); and area of alleys being closed is 27,525 square feet (.6391 acre) for a total area being closed of 95,044 square feet (2.1919 acres). According to Staff memo, Mr. McLeod originally owned three lots in Block 8 and recently purchased 44 additional lots for $100 each (or $4,400 total) from the First National Bank, executor of the Hayes Sieber Estate. He now owns all of the lots in Blocks 1, 8, 9, 16, and except for two, all of the lots in Block 17 and has permission from those two lot owners for the requested closing. Ed Bucy, R.O.W. Agent advised that the Appraisal District has these lots valued at 10¢ per square foot and that Mr. McLeod purchased these lots for 1.5¢ per square foot. Prior to this Council meeting Mr. McLeod had expressed that 1.5¢ would be a fair price for the street and alley areas (due to their isolated location on a one-way 1-27 frontage road) and that after replatting, this area will be placed on the tax roll. At 1.5¢ per square foot, the street and alley areas being closed would total $1,425.66 due to the City. Mr. Bucy went on to say that the Right -Of -Way Department uses the Appraisal District's appraised value of adjacent properties as comparables for land to be sold. In this case, 1U per square foot is the valuation of this property as well as the property abutting to the north. Market sales and listings in this area have been seen as low as 13� to 14¢ per square foot for raw land. Mr. McLeod has approached the Appraisal District for 1991 to have these lots valued at 1.5¢ per square foot. According to Staff memo, the sale from the First National Bank is considered below market, and the property will be enhanced by the street and alley closures and should therefore be valued at 5� per square foot for a total due the City of $4,752.20. A recent appraisal by Ralph Mabry, M.A.I., of unlevel canyon land one mile to the west indicated a value of 3� per square foot. December 13, 1990 Page 863 90-49B-863-655 ( 8.) ( 9.) The preliminary plat is being drawn up by Hugo Reed Surveyors, and the $150 application fee has been paid. Staff recommended 5¢ per square foot valuation for this property, and if not, no less than 3¢ per square foot. Motion was made by Councilman Phillips, seconded by Councilman Maloy to set the valuation of property in Country Club Addition--700 N. Avenue U--at 3¢ per square foot. Motion carried: 7 Yeas; 0 Nays. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Maloy to pass on first reading Ordinance #9402 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Presentation of plaques to City employees who retired in 1990. Retirement plaques were presented to 28 employees who retired during 1990. ORDINANCE #9397--Zone Case #1758-D (5606 through 5612 Slide Road) --Request of Gerald Long (for Halle Vonvoitlander for Discount Tire) for zoning change from ORDINANCE #9397 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1758-D; A ZONING CHANGE FROM C-2 TO C-3 ZONING, LIMITED TO A TIRE, BATTERY AND ACCESSORY STORE AND ANY UNCONDITIONAL C-2 PERMITTED USES, ON THE SOUTH 79 FEET OF LOT 114 AND THE NORTH 78 FEET OF LOT 115, BUSTER LONG ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Patterson, seconded by Councilman Phillips to pass on second and final reading Ordinance #9397 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. (10.) ORDINANCE #9398--Zone Case #2659--Request of Roxanna Cummings and Evelyn Branch for zoning change from R-2 to R-2 Design Historic on the west 2/3 of Lot 10 and the east 2/3 of Lot 11, Block 79, Overton Addition. ORDINANCE #9398 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2659; A ZONING CHANGE FROM R-2 TO R-2 (DH) ZONING ON THE WEST 2/3 OF LOT 10 AND THE EAST 2/3 OF LOT 11, BLOCK 79, OVERTON ADDITION, LUBBOCK, TEXAS; DESIGNATING A LANDMARK THEREON; IDENTIFYING CERTAIN EXTERIOR ARCHITECTURAL FEATURES OF THAT LANDMARK; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Patterson, seconded by Councilman Phillips to pass on second and final reading Ordinance #9398 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. December 13, 1990 Page 864 (11.) ORDINANCE #9399--Zone Case #2660 (2902 50th Street and 4812 Detroit) --Request of E.Z. Hogan, Jr. for zoning change from C-2A to C-3 (limited to a cleaning, dyeing, dry cleaning shop and C-2 uses) on Lots 6 & 7, Block —, 26 Modern Manors Addition ORDINANCE #9399 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2660; A ZONING CHANGE FROM C-2A TO C-3 ZONING, LIMITED TO A CLEANING, DYEING, DRY CLEANING SHOP AND ANY UNCONDITIONAL C-2 PERMITTED USES ON LOTS 6 & 7, BLOCK 26, MODERN MANORS ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Patterson, seconded by Councilman Phillips to pass on second and final reading Ordinance #9399 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49B-864-658 (12.) ORDINANCE #9400--Establishing a 45 MPH speed limit on 82nd Street between University Avenue and Frankford Avenue. ORDINANCE #9400 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN PORTIONS OF 82ND STREET, AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Patterson, seconded by Councilman Phillips to pass on second and final reading Ordinance #9400 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. (13.) ORDINANCE #9401--Establishing a one-way alley (between Elgin Avenue and Canton Avenue and north of Hutchinson Junior High). ORDINANCE #9401 AN ORDINANCE DESIGNATING THE EAST -WEST ALLEY ON THE NORTH SIDE OF HUTCHINSON JR. HIGH SCHOOL AS A ONE-WAY ALLEY FOR VEHICULAR TRAFFIC EASTBOUND FROM ELGIN AVENUE TO CANTON AVENUE; PRESCRIBING A PENALTY; AUTHORIZING PLACEMENT OF ONE-WAY SIGNS; AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Councilman Phillips to pass on Ordinance #9401 as recommended carried: 7 Yeas; 0 Nays. 20th Street). Patterson, seconded by second and final reading by Staff. Motion 1.1 e December 13, 1990 Page 865 ORDINANCE #9403 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 20TH 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 a 0.4997 acre (21,766.93 square feet) portion of 20th Street just south of Lots 1 and 2, Sam G. Dunn Addition, between Vicksburg Avenue on the west and Toledo Avenue on the east. This short portion of 20th Street was dedicated by the Dunn family when they platted these two lots. No charge will be made for the right-of-way since the Dunn family is the proponent of this closure, and the $150 application fee has been paid. This street closure was submitted along with the platting of the remainder of the Dunn property to the south and west of 20th Street (about 7.8 acres). This request for closure was previously considered at the October 22, 1990 Council meeting but tabled until a neighborhood traffic problem was addressed and until the Planning and Zoning Commission discussed the plat. The P&Z Commission ruled that a 19th Street opening must be provided as a plat requirement. The preliminary plat, giving a 19th Street opening, is in the final state of draft by Hugo Reed but has not yet been submitted for review. No other problems are seen with this closure and platting process, and Staff recommended this closure. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to pass on first reading Ordinance #9403 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49B-865-661 (17.) Consider the price and conditions of sale of Parcel Number 33500-10-80 at 104 N. Avenue L in the Guadalupe Urban Renewal Area. This is a routine sale of property by the Urban Renewal Agency to Charles E. Key, dba Key Construction Company. The sale price is $1,400 and the property is properly zoned to be redeveloped as a single-family residence. This proposed sale was submitted according to the Marketing Plan for the Guadalupe Area (adopted by the Urban Renewal Board of Commissioners on October 17, 1989) and Staff recommended approval. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to accept price and conditions of sale of Parcel Number 33500-10-80 at 104 N. Avenue L in the Guadalupe Urban Renewal Area as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49B-865-662 (18.) Consider the price and conditions of sale ofParcel Numbers 33500-15-90 and 33500-15-100 at 110 and 112 Avenue K in the Guadalupe Urban Renewal Area. This is a routine sale of property by the Urban Renewal Agency to Achievement Homes, Inc. (Ron Lubowicz, President) for $640 (@ $320 per lot). This property is properly zoned and is to be redeveloped as a single- December 13, 1990 Page 866 90-49B-866-663 (19.) 90-49B-866-664 (20.) family residence. This proposed sale was submitted according to the Marketing Plan for the Guadalupe Area. Staff recommended approval. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to accept price and conditions of sale of Parcel Numbers 33500-15-90 and 33500-15-100 at 110 and 112 Avenue K in the Guadalupe Urban Renewal Area as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Consider the price and conditions of sale of Parcel Number 33500-17-140 at 1108 2nd Place in the Guadalupe Urban Renewal Area. This is a routine sale of property by the Urban Renewal Agency to Achievement Homes, Inc. (Ron Lubowicz, President) for $320 to be redeveloped as a single- family residence, and the property is properly zoned. This proposed sale was submitted according to the Marketing Plan for the Guadalupe Area. Staff recommended approval. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to accept price and conditions of sale of Parcel Number 33500-17-140 at 1108 2nd Place in the Guadalupe Urban Renewal Area as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Consider Resolution #3507 authorizing the Mayor to sign RESOLUTION #3507 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 Cover (Title) Sheet of the Plans prepared by the State Department of Highways and Public Transportation for Project MC 52-7-50, for installing a traffic signal at the intersection of Clovis Road (US 84) and westbound Loop 289. Passed by the City Council this 13th day of December, 1990. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary RON a -1111TA a 11F.3-In 019MI I I I I I /s/ David E. Woosley David E. Woosley, P.E., City Traffic Engineer /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney December 13, 1990 Page 867 According to Staff memo, this traffic signal is necessary due to the extension of the westbound Loop 289 frontage road from the Lubbock Lake Site, across the Santa Fe Railroad tracks to Clovis Road. The traffic signal will feature railroad pre-emption and will be maintained by the State. Staff recommend approval. Motion was made by Councilwoman Trejo, seconded by Mayor Pro Tem Baker to authorize Resolution #3507 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. (21.) Consider Resolution #3508 authorizing the Mayor to sign a Fixed Base aerator Agreement with Chaparral, Inc. RESOLUTION #3508 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 Fixed Base Operator Agreement by and between the City of Lubbock and Chaparral Inc., attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 13th day of December, 1990. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Bern Case Bern Case, Director of Aviation /s/ B. C. McMinn B. C. McMINN, MAYOR 0..10_1 � _$ 1.. /s/ Harold Willard Harold Willard, Assistant City Attorney FIXED BASE OPERATOR AGREEMENT THIS LEASE AGREEMENT, made this 13th day of December, 1990, by and between the City of Lubbock, Texas, acting by and through its Mayor, hereunto duly authorized, (hereinafter referred to as "LESSOR") and Chaparral Inc., a corporation incorporated under the laws of the State of Kansas, with its principal office at Lubbock, Texas, (hereinafter referred to as "LESSEE"). WITNESSETH WHEREAS, LESSOR owns and operates the Lubbock International Airport, located in Lubbock County, Texas (hereinafter referred to as "Airport"); and WHEREAS, LESSOR deems it advantageous to itself and to its operation of the Airport to lease unto LESSEE the premises described herein, together with certain privileges, rights, uses and interests therein, as hereinafter set forth; and WHEREAS, LESSEE is a corporation primarily engaged in commercial aviation, retail sales and the general activities of fixed base operation and aircraft sales; and December 13, 1990 Page 868 WHEREAS, LESSEE proposes to lease on a net basis from LESSOR a certain building with adjacent ground area and floor space in the executive terminal and to avail itself of certain privileges, rights and uses pertaining thereto; and WHEREAS, LESSEE has indicated a willingness and ability to properly keep, maintain and improve said premises in accordance with standards established by LESSOR; NOW THEREFORE: ARTICLE I PREMISES AND PRIVILEGES For and in consideration of the terms, conditions and covenants of this Lease to be performed by LESSEE, all of which LESSEE accepts, LESSOR does hereby lease unto LESSEE certain property together with improvements thereon (hereinafter called "Leased Premises"), and certain attendant privileges, uses and rights, as hereinafter specifically set forth. A. DESCRIPTION OF LEASED PREMISES Building #108: Building Area 12,371 sq. ft. @ $.6799 per sq. ft. per year. Adjacent Land Area 26,132 sq. ft. @ $.0920 per sq. ft. per year. Executive Terminal: Floor space 460 sq. ft. @ $6.76 per sq. ft. per year. The above described buildings and land are located at the Lubbock International Airport, Lubbock County, Texas, and are more specifically described on Exhibit A attached hereto and by this reference made a part hereof. B. PURPOSES The purposes for which LESSEE may use the Leased Premises described in paragraph A above are as follows: 1. LESSEE may engage in the business of aeronautics, engine and aircraft repairs, modifications, sales and renting of aircraft, sales of aircraft engine parts and accessories, inspections, licensing, fabrication of aircraft components, flight instruction, storage of aircraft and equipment, airplane charter flights and local short flights, and may operate at the Lubbock International Airport as a Fixed Base Operator. 2. LESSEE may give flying instructions, provide pilots for planes for others, and carry passengers and freight for hire, subject to all appropriate laws of the Federal Government, the State of Texas, the County of Lubbock, Texas, and the requirements of all duly authorized governmental agencies. 3. LESSEE shall have a nonexclusive right to sell aviation fuel, oil and other propellants or lubricants to the general public at said Airport. 4. LESSEE shall use the leased premises solely for the purpose of conducting those business activities for which it was chartered as a corporation. 5. LESSEE's right to conduct business within the executive terminal at the Lubbock International Airport shall be nonexclusive. 6. LESSEE, at its own expense, shall be responsible for securing all permits, clearances, rights -of -way and other matters necessary to conduct business in a lawful manner. 7. LESSEE agrees to maintain the leased premises, at LESSEE's sole cost and expense, in a clean and presentable condition consistent with good business practice. December 13, 1990 Page 869 8. Any property installed or added by LESSEE which becomes permanently attached to the leased premises shall become the property of LESSOR upon termination of this Lease Agreement. 9. LESSEE agrees that LESSOR shall have and LESSEE hereby grants to LESSOR a contractual landlord's lien on all LESSEE's property of whatsoever nature placed in or upon the leased premises, such lien to guarantee the payment of any and all arrearages arising -' under this Lease Agreement. LESSEE further agrees to sign a financing statement to be filed with the Secretary of the State of Texas and the County Clerk of Lubbock County to perfect LESSOR's lien and to furnish LESSOR an itemized list of all such improvements, additions or alterations which LESSEE installs, adds or uses on the Leased premises. 10. LESSEE will erect no signs and will distribute no advertising in the Airport without the prior written consent of the Director of Aviation. Such prior written consent shall not be required for advertising placed by LESSEE with Ackerley Airport Advertising, Inc. or any other party having the right to sell, rent or offer airport terminal advertising space. 11. All of LESSEE's business operations and solicitations will be confined to the leased premises. 12. The LESSEE shall not bind or attempt to bind the LESSOR for payment of any money in connection with installations, alterations, additions, or repairs on the leased premises or any of LESSEE's equipment or facilities located on the leased premises and shall not permit any mechanic's, materialman's or contractor's liens to arise against the premises or any improvements, equipment, machinery or fixtures thereon belonging to the LESSOR, and LESSEE expressly agrees that it will keep and save the premises and LESSOR harmless from all costs and damages resulting from any lien or liens of any character created or that may be asserted through any act or thing done by LESSEE. 13. In the event any mechanic's or other liens or orders for payment shall be filed against the premises or improvements thereon, or the property of LESSOR located thereon, during the term of this Lease Agreement, LESSEE shall within ten (10) days cause the same to be cancelled and discharged of record by bond or otherwise, at the election and expense of LESSEE, and shall also defend on behalf of LESSOR, at LESSEE's sole cost and expense, any action, suit or proceeding which may be brought thereon or for the enforcement of such lien or order. 14. LESSEE agrees to control all access to the air operations area (AOA) through its leased area and through gates assigned to or controlled by LESSEE so as to prevent unauthorized entry to the airfield by persons, animals or vehicles. In the event that unauthorized access to the AOA is gained through the leased premises or area which LESSEE controls or is obligated to control, any fines or penalties assessed by the Federal Aviation Administration shall be the responsibility of the LESSEE and LESSEE hereby agrees to pay all such fines or penalties without delay and make any and all requested changes in its operations or facilities necessary to maintain Airport security and prevent reoccurrence of any unauthorized entry. 15. Failure of the LESSEE to comply with any requirement of these paragraphs 12, 13 or 14 shall be cause for immediate termination of this Lease Agreement by LESSOR. 16. LESSOR shall assume no responsibility as to the condition of the leased premises and shall not assume responsibility for maintenance, upkeep or repair necessary to keep the premises in a safe and serviceable condition. December 13, 1990 Page 870 ARTICLE II A. The term of this Agreement shall commence on the 1st day of January, 1991 and end on the 1st,day of December, 1994, subject, however, to earlier termination as hereinafter provided under Article VI. B. The parties hereto mutually agree that during the term of this Lease Agreement, the rental rate will be adjusted upward or downward for each ensuing year beginning in January 1992, in direct proportion to the fluctuation in the U. S. Department of Labor, Bureau of Labor Statistics Consumer Price Index. For the purpose of computing all adjustments, the Bureau of Labor Statistics Consumer Price Index as of January 1991, shall be construed as the base period. C. NATIONAL EMERGENCY In the event the rights and privileges hereunder are suspended by reason of war or other national emergency, the term of this Lease shall be extended by the amount of the period of such suspension. ARTICLE III RENTALS AND FEES In consideration of the rights and privileges herein granted, LESSEE shall pay to the LESSOR the following rentals and fees: A. A fuel flowage fee of four cent (4fl per gallon for each gallon of aviation fuel delivered to LESSEE or its agents at Lubbock International Airport, excluding that sold or delivered by LESSEE to a regularly certified airline under contract with LESSOR as a part of the pecuniary consideration therefor. LESSOR shall be entitled to collect, and LESSEE agrees to pay, a fuel flowage fee, as determined by LESSOR from time to time, for each gallon of aviation fuel delivered for LESSEE'S consumption on said Airport, excepting that portion which is specifically excluded, unless said flowage fees are paid by the supplier on behalf of LESSEE. The aforesaid flowage fees, if not paid by the supplier, shall be due on the first (1st) day of the month succeeding that in which the aircraft fuels and lubricants are received by LESSEE, and shall be delinquent if unpaid before the fifteenth (15) day of each month. It is understood and agreed that the total gallonage delivered to or purchased by LESSEE, other than gasoline delivered to regularly scheduled airlines operating under contract with LESSOR, may be reduced by an amount not to exceed two (2%) per centum in computing charges as a maximum loss allowance from any and all causes. B. Ground rental in the amount of TWO THOUSAND FOUR HUNDRED FOUR AND 14/100 DOLLARS ($2,404.14) per year for the land area of 26,132 square feet described in Article I, Paragraph A hereof as land adjacent to Building #108, shown on Exhibit A hereto; which rental is computed at a rate of $.0920 per square foot per year; such ground rental shall be paid monthly in advance on the first (Ist) day of each month at the rate of TWO HUNDRED AND 35/100 DOLLARS ($260.35) per month, which is a sum approximately equal to one -twelfth (1/12) of the annual ground rental due hereunder. C. Building rental in the amount of EIGHT THOUSAND FOUR HUNDRED ELEVEN AND 04/100 DOLLARS ($8,411.04) per year for Building #108, which rental is computed at a rate of $.6799 per square foot per year; such building rental shall be payable in advance on the first (Ist) day of each month at the rate of SEVEN HUNDRED AND 92/100 DOLLARS ($700.92) per month, which is a sum approximately equal to one -twelfth (1/12) of said annual building rental due hereunder. D. Floor space rental in the amount of THREE THOUSAND ONE HUNDRED NINE AND 60/100 DOLLARS ($3,109.60); which rental is computed at a rate of $6.76 per square foot per year; such floor space rental shall be payable in advance on the first (1st) day of each month at the rate of TWO HUNDRED FIFTY-NINE AND 13/100 DOLLARS ($259.13) per month, which is a sum approximately equal to one -twelfth (1/12) of said annual floor space rental due hereunder. December 13, 1990 Page 871 E. TWO THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($2,500.00) is the established annual Fixed Base Operator's fee; however, other applicable ground and building rentals and fuel flowage fees may be applied to satisfy the requirements of the Fixed Base Operator fee. Amounts payable under this Agreement shall be paid as follows: Monthly payments for ground and building rentals effective with the execution of this Agreement are payable in advance on the first (1st) day of each month. Monthly payments for fuel flowage fees effective with the execution of this Agreement are payable on the first (Ist) day of the month succeeding that in which the aircraft fuels and lubricants are received by LESSEE. Operators whose payments for ground and building rentals and fuel flowage fees do not satisfy the minimum Fixed Base Operator's fee will pay a monthly pro rata amount of TWO HUNDRED EIGHT AND 34/100 DOLLARS ($208.34) payable in advance on the first (1st) day of each month. ARTICLE IV A. ASSIGNMENT, TRANSFER, PLEDGE LESSEE shall not at any time assign, transfer, pledge or otherwise alienate this Agreement or any interest herein without the prior written consent of the Director of Aviation of LESSOR. B. SUBLEASING LESSEE shall not sublease all or any part of the Leased Premises hereunder without the specific written approval of the Director of Aviation of LESSOR, such approval not to be unreasonably withheld. C. TAXES AND ASSESSMENTS LESSEE agrees to pay promptly when due all taxes and assessments levied on the Leased Premises and any other taxes and assessments in connection with its business which may be levied, and will promptly pay when due all charges for water, electricity and any other utilities used in connection with its operations at the Airport. D. NONDISCRIMINATION LESSEE, its successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree "as a covenant running with the land" that in the event facilities are constructed, maintained or otherwise operated on the Leased Premises for a purpose for which a Department of Transportation program or activity is extended, or for another purpose involving the provision of similar services or benefits, LESSEE shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. LESSEE, its successors in interest and assigns, as a part of the consideration hereof, does hereby further covenant and agree "as a covenant running with the land" that: (1) no person on the grounds of race, color, religion, sex or national origin shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (2) that in the construction of any improvements on, over or under such Leased Premises and the furnishing of services thereon, no person on the grounds of race, color, religion, sex or national origin shall be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination; (3) the Leased Premises shall be used in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. December 13, 1990 Page 872 LESSEE will conduct its activities and operate its facilities in accordance with the requirements of Section 504 of the Rehabilitation Act of 1973 and will assure that no qualified handicapped person shall, solely by reason of his or her handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination, including discrimination in employment, under any program or activity of the LESSEE. LESSEE agrees to operate the Leased Premises for the use and benefit of the public and further agrees: 1. To furnish good, prompt and efficient services adequate to meet all the demands for i.ts service at the Airport; 2. To furnish said services on a fair, equal and nondiscriminatory basis to all users thereof; and 3. To charge fair, reasonable and nondiscriminatory prices for each unit of sale or service, provided that the LESSEE may be allowed to make reasonable nondiscriminatory discounts, rebates or other similar types of price reductions for volume purchases. F. NONEXCLUSIVE . It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308(a) of the Civil Aeronautics Act. G. DEVELOPMENT OF AIRPORT LESSEE agrees that LESSOR has the right the Airport as LESSOR sees fit, regardless of LESSEE, and without interference or hindrance H. EIGHTS OF OTHERS to further develop or improve the desires or views of the therefrom. It is clearly understood by the LESSEE that no right or privilege has been granted which would operate to prevent any person, firm or corporation operating aircraft on the Airport from performing any services on its own aircraft with its own regular employees (including, but not limited to, maintenance and repair) that such person, firm or corporation may choose to perform. I. OPERATION OF AIRCRAFT, COMPLIANCE WITH RULES AND REGULATIONS LESSEE agrees to operate and conduct its business, including but not limited to the operation of aircraft and the occupancy of said Leased Premises, at all times in compliance with applicable federal, state and local rules and regulations and in compliance with all applicable statutes, ordinances, rules and regulations affecting the use, occupancy or operation of the Leased Premises and Airport. LESSEE further agrees that in the event a civil penalty or fine is levied against the Airport as a result of LESSEE'S failure to comply or act in accordance with said rules, regulations, statutes and ordinances, LESSEE shall immediately reimburse the Airport the full amount of the penalty or fine and correct the failure, act, or omission leading to, causing or contributing to the violation. Failure of the LESSEE to comply with any requirement of this paragraph shall be cause for immediate termination of this Lease Agreement by LESSOR. J. PUBLIC LIABILITY INSURANCE LESSEE will carry and maintain Public Liability Insurance in companies licensed to do business in the State of Texas for the protection of LESSOR, naming LESSOR as an insured and insuring against all claims, losses, costs and expenses arising out of injuries to persons whether or not employed by the LESSEE, damage to property whether resulting from acts or omissions, negligence or otherwise of the LESSEE or any of its agents, employees, patrons or other persons, and growing out of the use of the said December 13, 1990 Page 873 Leased Premises by LESSEE, such policies to provide for a liability limit on account of each accident resulting in bodily injury or death to one person of not less than ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00), a liability limit on account of each accident resulting in bodily injury or death to more than one person of not less than THREE HUNDRED THOUSAND AND NO/100 DOLLARS ($300,000.00), and a liability limit of not less than ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00) for each accident for property damage. LESSEE shall furnish evidence to LESSOR of continuance in force of said policies and said policies shall be so worded as to insure ten (10) days notice to the LESSOR of cancellation or any modification of such policies. Said policies shall also be subject to the approval of LESSOR. K. HAZARD INSURANCE LESSEE shall procure from a company authorized to do business in the State of Texas and keep in force at all times for the term of this Lease hazard and extended coverage insurance upon the building located on the Leased Premises to eighty percent (80%) of the full insurable value thereof. The value of said Building #108 is hereby stipulated to be equal to one -hundred times one -twelfth of the annual rental for said building or 100 x $700.92 = $70,092.00. LESSEE shall furnish LESSOR with evidence that such coverage has been procured and is being maintained. LESSEE shall maintain complete books and records of all transactions, sales and income resulting from its operations at Lubbock International Airport; which books and records may be inspected at any time by LESSOR or its duly authorized representatives at Lubbock, Texas, upon reasonable notice to LESSEE. In the event LESSEE requests such inspection to be performed outside the Lubbock area, such request may be honored at LESSOR'S discretion; however, any and all expenses incurred by so doing shall be reimbursed by the LESSEE. LESSEE agrees to furnish facts and figures necessary to determine the amount to be paid LESSOR, together with a fiscal -year-end signed statement certified by a Certified Public Accountant that said figures are correct and properly stated. LESSEE agrees that the Leased Premises under LESSEE'S control will be kept clean and free of all debris and other waste matter. LESSOR shall have the right at all reasonable times to enter upon the Leased Premises for the purposes of inspecting the same. N. MAINTENANCE LESSEE shall, at its sole cost and expense, maintain the Leased Premises in a presentable condition consistent with good business practice. LESSEE shall repair all damages to said Leased Premises caused by its employees, patrons or its operations thereon; shall maintain and repair all equipment thereon, including any drainage installations, paving, curbs, islands, buildings and improvements; and shall repaint Building #108 as necessary to maintain a clean and attractive appearance. LESSOR shall be the sole judge of the quality of maintenance, and upon written notice by LESSOR to LESSEE, LESSEE shall be required to perform whatever maintenance LESSOR deems necessary. If said maintenance is not undertaken by LESSEE within twenty (20) days after receipt of written notice, LESSOR shall have the right to enter upon the Leased Premises and perform the necessary maintenance, the cost of which shall be borne by LESSEE. 0. UTILITIES LESSEE shall have the right to connect to any and all storm and sanitary sewers and water and utility outlets (including metering devices) at its own cost and expense; and LESSEE shall pay for any and all service charges incurred therefor. December 13, 1990 Page 874 P. TRASH, GARBAGE, REFUSE, ETC. LESSEE shall provide.a complete and proper arrangement for the adequate sanitary handling and disposal, away from the Airport, of all trash, garbage and other refuse produced as a result of LESSEE'S operations on the Leased Premises. Q. ADVERTISING LESSEE may not erect or cause to be erected on the Leased Premises any billboards or advertising signs without the prior written consent of the Director of Aviation of LESSOR. R. INDEMNITY LESSEE agrees to hold the City free and harmless from loss from each and every claim and demand of whatsoever nature made on behalf of or by any person or persons and resulting from LESSEE'S operations and/or use of the Leased Premises and common areas owned by LESSOR and used by the LESSEE, its agents, servants or employees, and from all loss and damages by reason of negligence of the LESSEE, its agents, servants or employees. S. USE OF AIRPORT During the term of this Lease, LESSEE and its tenants shall have free use of, in common with others at the Airport, all runways, ramps, parking areas and any and all public facilities available at the Airport, and the right of ingress to and egress from the above described premises, which right shall extend to LESSEE'S customers, employees, guests, invitees, tenants and patrons. If, during the term of this Agreement, the use of the Airport by LESSEE or its tenants is temporarily suspended, restricted or interfered with for a period of ten (10) days or more for reasons beyond the practical control of the LESSOR, in such manner so as to substantially affect the use of the Leased Premises or the operation of aircraft by LESSEE or its tenants, all fees during such period shall abate and the term of the Agreement shall, at the election of LESSEE, be extended for an equivalent period of time. T. WORKERS' COMPENSATION LESSEE shall furnish to LESSOR satisfactory evidence that it carries Workers' Compensation Insurance in accordance with the laws of the State of Texas. 1� I if mang a I ILI I LESSEE shall not make, permit or suffer any additions, improvements or alterations to the Leased Premises which constitute any major structural change or changes without first submitting plans and specifications for such additions, improvements or alterations to the Director of Aviation of the City of Lubbock and securing prior written consent of the Director of Aviation. Any such additions, improvements or alterations made with the consent of the Director of Aviation shall be solely at the expense of the LESSEE and, unless such consent provides specifically that title to the additions or improvements so made shall vest in the LESSEE, title thereto shall at all times remain in LESSOR, and such additions or improvements shall be subject to all terms and conditions of this Agreement. The LESSEE agrees to hold LESSOR harmless from Mechanic's and Materialman's Liens arising from any construction, additions, improvements, repairs or alterations effected by the LESSEE. V. PARKING LESSEE shall, at its sole cost and expense, construct adequate and suitable pavement areas for use by its customers for parking of aircraft and automobile parking for its employees, patrons, guests and invitees. December 13, 1990 Page 875 W. VEHICULAR MOVEMENT Except specifically authorized vehicles, LESSEE will not permit the driving of vehicles by its employees, customers, guests or invitees on the apron, taxiways, or runways. ARTICLE V OBLIGATIONS AND RIGHTS OF LESSOR A. SAFETY LESSOR reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction, together with the right to prevent LESSEE from erecting or permitting to be erected any building or other structure on or off the Airport which, in the opinion of LESSOR, would limit the usefulness of the Airport or constitute a hazard to aircraft. I I I V.41 ki Ed all 0 all 1.1 @ ENTAI LESSOR reserves the right, but shall not be obligated to LESSEE, to maintain and keep in repair the landing area of the Airport and all publicly -owned facilities of the Airport, together with the right to direct and control all activities of LESSEE in this regard. C. STANDARDS LESSOR reserves the right to establish standards for the construction, maintenance, alterations, repairs, additions and improvements to LESSEE'S facilities. This will include structural design, color, materials used, landscaping and maintenance of LESSEE'S facilities and the Leased Premises. D. LESSOR reserves the right to issue through the Director of Aviation such rules, regulations and procedures for activities and operations conducted on the Airport as deemed necessary to protect and preserve the safety, security and welfare of the Airport and all persons, property and facilities located thereon. ARTICLE VI A. TERMINATION BY LESSEE This Agreement shall be subject to cancellation by LESSEE, without liability to LESSOR in the event of the happening of any one or more of the following contingencies: 1. The permanent abandonment of the Airport as an air terminal. 2. The issuance by any court of competent jurisdiction of an injunction which in any way prevents or restrains the use of the Airport for at least thirty (30) days. 3. The breach by LESSOR of any of the terms, covenants or conditions of this Agreement to be kept, performed and observed by LESSOR, and the failure of LESSOR to remedy such breach for a period of sixty (60) days after written notice from the LESSEE of the existence of such breach. 4. The assumption by the United States Government, or any authorized agency of same, of the operation, control or use of the Airport and its facilities in such a manner as to substantially restrict the LESSEE from conducting operations on the Leased Premises, for a period of three (3) months or more. December 13, 1990 Page 876 . ■%:1 IiFill amg0-.YMIma�� This Agreement shall be subject to cancellation by LESSOR in the event of the happening of any one or more of the following contingencies: 1. If the LESSEE makes an assignment for the benefit of creditors; or files a voluntary petition of bankruptcy; or if proceedings in bankruptcy shall be instituted against. LESSEE and LESSEE is thereafter adjudicated as bankrupt pursuant to such proceedings; or if a court shall take jurisdiction of LESSEE and its assets pursuant to proceedings brought under the provisions of any federal reorganization act; or if a receiver for LESSEE'S assets is appointed; or if LESSEE petitions or applies to any tribunal for the appointment of a trustee or receiver for LESSEE under any bankruptcy, reorganization arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect. 2. If the LESSEE shall abandon and discontinue the conduct and operation of said Fixed Base Operations. 3. If the LESSEE shall default in or fail to make any payments at the time and in the amounts required of LESSEE under this Agreement. 4. If the LESSEE shall fail to perform, keep and observe all of the covenants and conditions contained in this Agreement to be performed, kept and observed by LESSEE. 5. If the LESSEE shall fail to abide by all applicable laws, ordinances, rules and regulations of the United States, State of Texas, City of Lubbock and Director of Aviation of the City of Lubbock. LESSOR shall give written notice to LESSEE to correct or cure any such default, failure to perform or breach and if, within thirty (30) days from the date of such notice, the default, failure to perform or breach complained of shall not have been corrected in a manner satisfactory to LESSOR, then and in such event LESSOR shall have the right, at once and without further notice to LESSEE, to declare this Agreement terminated and to enter upon and take full possession of the Leased Premises and, provided further, that upon the happening of any one of the contingencies enumerated in Article VI, Section B, numbered Paragraph 1 hereof, this Agreement shall be deemed to be breached by LESSEE and thereupon "ipso facto," and without entry or any other action by LESSOR, the Agreement shall terminate, and be reinstated only if such involuntary bankruptcy or insolvency proceedings, petition for reorganization, trusteeship, receivership or other legal act divesting LESSEE of its rights under this Agreement shall be denied, set aside, vacated or terminated in LESSEE'S favor within thirty (30) days from the happening of the contingency. Upon the happening of said latter events, this Agreement shall be reinstated as if there had been no breach occasioned by the happening of said contingencies, provided that LESSEE shall, within ten (10) days after the final denial, vacating or setting aside of such petition or vacating, terminating or setting aside of such appointment, pay or discharge any and all sums of money which may have become due under this Agreement in the interim and remain unpaid, and shall likewise fully perform and discharge all other obligations which may have accrued and become payable in the interim. The acceptance of rentals and fees by LESSOR for any period or periods after a default of any of the terms, covenants or conditions herein contained and to be performed, kept or observed by LESSEE shall not be deemed a waiver of any rights on the part of LESSOR to cancel this Agreement for failure by LESSEE to so perform, keep or observe any of the terms, covenants or conditions hereof to be performed, kept or observed. No waiver by LESSOR or any of the terms of this Agreement to be kept, performed and observed by the LESSEE shall be construed to be or act as a waiver by LESSOR of any subsequent default on the part of the LESSEE. December 13, 1990 Page 877 C. OWNERSHIP Within ninety (90) days after expiration of this Agreement as herein provided, the LESSEE shall remove all improvements constructed or placed on the Leased Premises such as buildings, equipment, goods, chattels and fixtures belonging to LESSEE and restore the Leased Premises to the condition in which they were received, reasonable wear and tear and damage by fire or the elements excepted. In the event of the failure on the part of LESSEE to immediately remove from the premises all property owned by LESSEE under the requirements set forth in this paragraph, LESSOR may effect such removal and store such property at LESSEE'S expense. LESSEE covenants and agrees to pay all reasonable costs, attorneys' fees and expenses that shall be incurred by LESSOR in enforcing the covenants and conditions of this Agreement. In the event the LESSEE fails to pay the expense to remove and store LESSEE'S property within thirty (30) days, such property will be deemed abandoned and title will vest in LESSOR; however, this in no way relieves the LESSEE of the debt incurred. LESSEE shall pay a sum equal to the rentals stipulated herein, prorated to the period of time that LESSEE'S property remains on the Leased Premises after the expiration of the term of this Agreement. In the event LESSOR terminates this Agreement for cause, as contained herein, or if LESSEE discontinues Fixed Base Operations at any time prior to expiration, LESSOR shall retain ownership of LESSEE'S improvements to the extent of the rentals due for the then remaining term. D. This Lease shall be subordinate to the provisions of any existing or future agreement between the LESSOR and the United States, relative to the operation and maintenance of the Airport. ARTICLE VII NOTICE Any required notice to LESSOR provided for herein shall be sufficient if sent by certified mail, postage prepaid, to the Director of Aviation, Route 3, Box 389, Lubbock, Texas 79401, and any such notice to the LESSEE shall be sufficient if sent in the same manner addressed to Chaparral Inc., Rt. 3, Box 29, Lubbock, Texas 79401, or such other addresses as may be designated by LESSOR or LESSEE in writing from time to time. IN WITNESS WHEREOF, the parties have executed this Agreement this 13th day of December, 1990. LESSOR: LESSEE: CITY OF LUBBOCK, TEXAS CHAPARRAL INC. BY:/s/ B. C. McMinn BY:/s/ Wallace Thrash B. C. McMINN, MAYOR Wallace Thrash, President ATTEST: President TITLE /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Bern Case Bern Case, Director of Aviation APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney December 13, 1990 Page 878 This Agreement renews the 3-year Chaparral, Inc. Lease for hangar and office space on the east ramp at Lubbock International Airport. The Lease consists of building #108 (12,371 square feet) at $.6799 per square foot per year, and 26,132 square feet of adjacent land area at $.0920 per square foot per year and in the Executive Terminal, includes 460 square feet of floor space at $6.76 per square foot per year. The Legal Department formulated this new Lease which includes a $1,500 monthly charge that will increase as CPI adjustments occurs. The Lease also incorporates updated security measures. Chaparral, Inc. has accepted all the requirements of the agreement as adopted by the Airport Board. Staff recommend approval. Motion was made by Councilman Aderton, seconded by Councilman Maloy to authorize Resolution #3507 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Henry. RESOLUTION #3509 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 Prewitt & Associates, Inc., consulting archaeologists related to archaeological investigations (Phase III) to be made in connection with the Lake Alan Henry Project, 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 Resolu- tion as if fully copied herein in detail. Passed by the City Council this 13th day of December, 1990. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Wilford Watson Wilford Watson, Chief Water Utilities Engineer /s/ B. C. McMinn B. C. McMINN, MAYOR /s/ Donald G. Vandiver Donald G. Vandiver, First 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 issued under Section 404 of the Clean Water Act, application for said permit having been prepared for the City by Freese and Nichols, Inc. (hereinafter called "Technical Representative"); and December 13, 1990 Page 879 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 now under way in the dam construction zone be followed without interruption by three subsequent seasons of work; and WHEREAS, City desires to obtain the expertise of professional archaeologists to direct and conduct Phase III, Seasons 2, 3, and 4 cultural resources efforts and activities, said expertise to be provided by proposer who is professionally known and is named Prewitt and Associates, Inc., Consulting Archaeologists, and whose mailing address is 7701 N. Lamar, Suite 104, Austin, Texas 78752-1012 (hereinafter called "Contractor"). NOW THEREFORE, City and Contractor in consideration of the mutual covenants set forth herein contract and mutually agree as follows: 0 The Technical Proposal for Phase III by the Contractor at the request of City and accepted by the City is attached hereto as Exhibit A and made a part hereof as if fully copied herein in detail. 2 For and in consideration of services to be rendered by the Contractor, the City agrees to pay an amount based on the daily rates shown on the attached Technical Proposal cost estimate not to exceed $1,076,349.16. Partial payment to the 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. k The total compensation to be paid to Contractor by the City for this contract shall not exceed $1,076,349.16 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 research design. This contract addresses the work to be accomplished for the archaeological sites suggested in the Technical Proposal for Phase III Cultural Resources Data Recovery dated November, 1990, by Prewitt and Associates, Inc. The Corps of Engineers may request additions or substitutions for these sites. Requests by the Corps that exceed the level of work outlined shall be covered under the terms of this contract with additions based on per day unit costs. 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 $1,076,349.16 amount may be exceeded if the scope of work is enlarged at the request of the Corps of Engineers and authorized by the technical representative of the City. n 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. December 13, 1990 Page 880 5 Before the Contractor begins any work under this Agreement, Contractor agrees to furnish a certificate of insurance reflecting their coverage by workmen'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. City shall provide adequate insurance for any City employees or equipment assigned to the project and will indemnify the Contractor with regard to the employees so assigned. 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, 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; election for training, including apprenticeships; and participation in recreational activities. 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 will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement so that such provisions will be binding upon each subcontractor, excepting that the foregoing provisions 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. E 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. December 13, 1990 Page 881 We] Contractor will commence work on the project within five working days following receipt of notice to proceed. The Contractor shall complete the work in accordance with the schedule defined in the scope of work and research design. All field work will be completed and a final printed report of findings shall be submitted to the technical representative of the City by July 20, 1994. 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 noncancelable 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. 15 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 performed 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. 13 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 such statements. No site locational information shall be released to any entity without prior written permission of the City. EXECUTED this 13th day of December 1990. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Dan Hawkins Dan Hawkins, Director of Water Utilities APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney By:/s/ B. C. McMinn B. C. McMINN, MAYOR PREWITT AND ASSOCIATES, INC. BY:/s/ Elton R. Prewitt Elton R. Prewitt, President December 13, 1990 Page 882 This Agreement will authorize Prewitt and Associates, Inc. to perform prefield preparation, field work, laboratory analysis and report preparation, draft technical report production, review of draft report, and final report production for the second, third and fourth parts for Phase III cultural resources mitigation at the Lake Alan Henry project. Phase III represents the final excavation portion of the mitigation process and will result in reports for distribution. Mitigation areas were surveyed under Phase I, then investigated in the field on a preliminary basis under Phase II. At their October 22, 1990 City Council meeting, the City Council authorized Prewitt and Associates to conduct Phase III. The Agreement being considered will allow Prewitt and Associates to continue with the Phase III field investigations and report preparation for the cultural resources mitigation required by the City's Memorandum of Agreement as included in the Corps of Engineers' issued 404 permit. The total amount of the Agreement estimated at $1,076,349.16 is based upon unit rates, but could vary depending upon findings. The time frames for the second and third parts (of the field investigation) will be during the warm months of 1991 and 1992. The fourth phase (final) tasks, laboratory analysis and final report preparation, will be from July, 1993 through September, 1994. Costs above the total amount of the Agreement will require a change order. They include escalation of unit prices by 3-1/2% per year to cover inflation. (Escalation is included in the "not to exceed price".) The project's Phase III -Archaeological Mitigation costs have been budgeted in Water Capital Projects for $2,250,000. Considering the existing costs anticipated for Prewitt's work on the three urgent sites, this Agreement for the remaining 16 sites and the estimated administrative and management costs for the cultural resource mitigation activities, Staff estimated costs will still be well under budget for this portion of the project. Staff recommended acceptance of this Agreement for completion of Phase III (second, third, and fourth parts) to Prewitt and Associates, Inc. for a total amount not to exceed $1,076,349.16. Motion was made by Councilman Patterson, seconded by Councilman Aderton to authorize Resolution #3509 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49B-882-667 (23.) Consider Resolution #3510 acknowledging the right of Amoco Pipeline COMDanv to relocate a ninplinp in Gar RESOLUTION #3510 WHEREAS, Amoco Pipeline Company does own and operate an existing pipeline buried beneath Section 70, Block 5, H. & G. N. R. R. Co. Survey, Garza County, Texas; and December 13, 1990 Page 883 WHEREAS, said Amoco Pipeline Company also owns said pipeline as it proceeds through portions of Sections 55 and 56, Block 5, H. & G. N. R. R. Co. Survey, Garza and Kent Counties, Texas; and WHEREAS, the City of Lubbock is the fee owner of the above referenced properties; and WHEREAS, the City of Lubbock purchased said property subject to all existing easements of record; and WHEREAS, Amoco Pipeline Company did have a prior right to operate and maintain their pipeline in the above referenced real property prior to the purchase of same by the City of Lubbock; and WHEREAS, the City of Lubbock intends to build a dam across the above referenced property; and WHEREAS, the City of Lubbock requests that the above mentioned pipeline be relocated so as to be compatible with the construction of the Lake Alan Henry Reservoir and the dam to be constructed at said site; and WHEREAS, it is necessary for Amoco Pipeline Company in order to maintain, operate and protect its existing pipeline, to relocate same; and WHEREAS, the City of Lubbock wishes to cooperate with Amoco Pipeline Company in such endeavor; and WHEREAS, the City of Lubbock wishes to acknowledge the prior rights of Amoco Pipeline Company to move the pipeline in question; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT Amoco Pipeline Company, as a result of existing easements obtained by said Company prior to the purchase of the above referenced land by the City of Lubbock, does have the right to relocate its pipeline from its present site as heretofore mentioned in such a manner as to be compati- ble with the proposed construction of the dam site to be constructed at Lake Alan Henry. Passed by the City Council this 13th day of December, 1990. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ B. C. McMinn B. C. McMINN, MAYOR RTIJIJIDT'11%9� to] 1.11 Z F /s/ Ed Bucy /s/ John C. Ross, Jr. Ed Bucy, Right of Way Agent John C. Ross, Jr., City Attorney This Resolution recognizes Amoco Pipeline rights, through two right-of-way Contract Easements granted by landowners in Garza and Kent Counties in 1950, to relocate their existing pipeline. This relocation is necessary due to the construction and location of the dam. These Easements are presently located in Section 70, Block 5, Garza County and Sections 55 and 56, Block 5, Garza and Kent Counties. The new pipeline will be relocated to the east of the existing pipeline in the same sections. According to the existing Easements, Amoco Pipeline Company may relocate and maintain pipeline in these three sections. The City Attorney reviewed the December 13, 1990 Page 884 Easement instruments and developed this Resolution acknowledging these prior Easement rights. Staff recommended approval of this Resolution. Motion was made by Councilwoman Trejo, seconded by Councilman Patterson to authorize Resolution #3510 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49B-884-668 (24.) Consider Ordinance #9404 providing for the establishment and administration of a Records Management Program for the City of Lubbock. ORDINANCE #9404 AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT AND ADMINISTRATION OF A RECORDS MANAGEMENT PROGRAM FOR THE CITY OF LUBBOCK, TEXAS; PROVIDING FOR OWNERSHIP OF MUNICIPAL RECORDS AND THE RESPONSIBILITIES OF OFFICERS AND EMPLOYEES WITH RESPECT THERETO; PROVIDING FOR THE MICROGRAPHIC PRESERVATION OF MUNICIPAL RECORDS; PROVIDING FOR THE DESTRUCTION OF ORIGINAL MUNICIPAL RECORDS AFTER MICROGRAPHIC REPRODUCTION; PROVIDING FOR THE DESTRUCTION OF OTHER UNNEEDED MUNICIPAL RECORDS; PROVIDING FOR THE REPEAL OF ORDINANCE NO. 7591 IN ITS ENTIRETY AND ALL OTHER ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. As presented in the December 6 City Council work session, the new Local Government Records Act set a January, 1991 deadline by which all local governments must pass an ordinance establishing a Records Management Program. This ordinance is drawn in compliance with the Act. Council approval of this Ordinance was recommended by ,the Records Management Task Force. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to pass on first reading Ordinance #9404 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. (25.) Consider a Resolution authorizing scope of work for storm sewer regulations. This item,was deleted from the agenda. 90-49B-884-669 (26.) Consider Resolution #351_1_urgin 1990. RESOLUTION #3511 WHEREAS, the 1990 Census will provide essential population statistics governing federal funding allocations and political representation for the next decade; and WHEREAS, the 1990 Census has been fraught with numerous operational problems; and WHEREAS, the Census Bureau has acknowledged undercounts in past censuses; and WHEREAS, the 1990 Census is projected to contain not only an undercount of minorities but of non -minorities as well; and WHEREAS, the preliminary census counts understated the population of the City of Lubbock, by an estimated 12,218 people; and December 13, 1990 Page 885 WHEREAS, the undercount is projected to have a disproportionately adverse impact upon the nation's urban areas such as the City of Lubbock; and WHEREAS, the Census Bureau has developed a statistical methodology for correcting the undercount but the Commerce Department has refused to use this corrective mechanism; and WHEREAS, federal disinvestment in key urban funding combined with federal restrictions on tax exemption have threatened and continue to threaten cities' abilities to cope with growing social and financial problems; and WHEREAS, the Constitution of the United States clearly states that all persons must be counted; and WHEREAS, the City of Lubbock believes that all persons count; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock urges Congress and the President to enact legislation mandating a statistical correction of the 1990 Census; and BE IT FURTHER RESOLVED that the City of Lubbock urges the President and the Secretary of Commerce to administratively agree to statistically correct the 1990 Census so as to reflect an accurate enumeration of the nation's population; and BE IT FURTHER RESOLVED that barring legislative or administrative remedies the City of Lubbock supports judicial action to effect a statistical correction of the 1990 Census. Passed by the City Council this 13th day of December, 1990 ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary /s/ Jim Bertram Jim Bertram, Assistant City Manager 911EM90-58-3- �-Ij /s/ B. C. McMinn B. C. McMINN, MAYOR /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney A recent letter from the U.S. Conference of Mayors urged that City Councils join efforts by endorsing a standardized Resolution to be sent to the President and Congress to ensure a fair census count. The Resolution recognizes undercounts by the Census process, urges that the President and Congress mandate a statistical correction process in the census, and urges the Secretary of Commerce to administratively agree to statistically correct the 1990 census to reflect an accurate count. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to authorize Resolution #3511 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. (27.) Consider Resolution #3512 concerning the use of the proceeds of revenue bonds issued by the Galveston County Health Facilities Development Corporation to finance health facilities located within the boundaries of the City of Lubbock, Texas. December 13, 1990 Page 886 RESOLUTION #3512 RESOLUTION CONCERNING THE USE OF THE PROCEEDS OF REVENUE BONDS ISSUED BY THE GALVESTON COUNTY HEALTH FACILITIES DEVELOPMENT CORPORATION TO FINANCE HEALTH FACILITIES LOCATED WITHIN THE BOUNDARIES OF THE CITY OF LUBBOCK, TEXAS WHEREAS, the Galveston County Health Facilities Development Corporation (the "Issuer") was created by Galveston County, Texas pursuant to the provisions of the Health Facilities development Act, Article 1528j, Vernon's Texas Civil Statutes, as amended and now codified at Chapter 221 of Subtitles A of Title 4 of the Texas Health and Safety Code (the "Act"); and WHEREAS, it has been proposed that the Issuer issue its First Mortgage Revenue Bonds (Seven Oaks Foundation, Inc. Project) Series 1990 in a maximum aggregate principal amount of $2,090,000 (the "Bonds") and loan the proceeds thereof to Seven Oaks Foundation, Inc., a Texas non-profit corporation (the "Borrower"), to finance the costs of acquiring health facilities, one of which is located within the territorial limits of the City of Lubbock, Texas (the "City"; and WHEREAS, the City is a "sponsoring entity" within the meaning of the Act; and WHEREAS, under the Act, the use of the proceeds of the Bonds by the Issuer to finance a health facility located outside the limits of Galveston County and within the limits of the City requires the consent of the City; and WHEREAS, it is deemed necessary and advisable that this Resolution be adopted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS THAT: 1. This Resolution is adopted for the purpose of satisfying the conditions and requirements of Section 221.030 of the Act. 2. The City of Lubbock, Texas, acting by and through this City Council, hereby consents, within the meaning of Section 221.030 of the Act, to the use by the Issuer of a portion of the proceeds of the Bonds to finance a health facility located within the limits of the City through the loan of such proceeds to the Borrower to finance the acquisition by the Borrower of an existing 61-bed skilled and intermediate care nursing home facility known as "Parkway Manor Care Center" located at 114 Cherry Avenue in Lubbock, Texas, and all related property both real and personal. 3. The Mayor and City Secretary of the City are hereby authorized, jointly and severally, to execute and deliver such endorsements, instruments, certificates, documents, or papers necessary and advisable to carry out the intent and purposes of this Resolution. 4. This Resolution shall take effect immediately from and after its adoption. December 13, 1990 Page 887 CITY COUNCIL, CITY OF LUBBOCK, TEXAS By:/s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney CERTIFICATE We, the undersigned Mayor and City Secretary of the City of Lubbock, Texas (the "City"), hereby certify as follows: 1. The City Council (the "Governing Body") of the City convened in regular session in Lubbock, Texas on December 13, 1990 (the "Meeting"), at is designated meeting place, and the roll was called of the duly constituted members of the Governing Body, to -wit: 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 All of such persons were present, except the following absentees: None, thus constituting a quorum. 2. Whereupon a written: RESOLUTION CONCERNING THE USE OF THE PROCEEDS OF REVENUE BONDS ISSUED BY THE GALVESTON COUNTY HEALTH FACILITIES DEVELOPMENT CORPORATION TO FINANCE HEALTH FACILITIES LOCATED WITHIN THE BOUNDARIES OF THE CITY OF LUBBOCK, TEXAS (the "Resolution") was duly moved and seconded and, after due discussion, said motion, carrying with it the adoption of the Resolution, prevailed nad carried by the following votes: AYES: 7 NAYES: 0 ABSTENTIONS: 0 3. A true, full, and correct copy of the Resolution is attached to and follows this Certificate. The Resolution has been duly recorded in the minutes of the Meeting, and the above and foregoing paragraph 2 is a true, full, and correct excerpt from the minutes of the Meeting pertaining to the adoption of the Resolution. The persons named in the above and foregoing paragraph 1 are the duly elected, qualified, and acting members of the Governing Body, and each of such members was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the Meeting and that the Resolution would be introduced and considered for adoption at the Meeting, and each of such members consented, in advance, to the holding of the Meeting for such purpose. The Meeting was open to the public, and public notice of the time, place, and purpose of the Meeting was given, all as required by Article 6252-17, Vernon's Texas Civil Statutes, as amended. December 13, 1990 Page 888 SIGNED AND SEALED this 13th day of December, 1990. ATTEST: /s/ Ranette Boyd City Secretary CITY COUNCIL, CITY OF LUBBOCK, TEXAS /s/ B. C. McMinn MAYOR This Resolution is a technical act required by law in order for the Galveston County Health Facilities Development Corporation to finance, under one bond issue, the purchase of a number of nursing homes located in different cities. G.C.H.F.D.C. is the entity to put the total financing together, and one of the nursing homes, Parkway Manor Care Center, is located in the City of Lubbock (114 Cherry Avenue). City Staff conferred with the City's Bond Lawyers and were advised to proceed with obtaining approval of this Resolution. Motion was made by Mayor Pro Tem Baker, seconded by Councilwoman Trejo to authorize Resolution #3512 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49B-888-671 (28.) BID #10999--Refuse containers (Civic Center) . Marquis Supply--40 ea. ash tray/trash containers; 15 ea. self dumping hoppers. Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Baker to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 90-49B-888-672 (29.) BID #10890--Maintenance Data Collector Analyzer (Water Utilities). Allied Bearings Supply Co., Tulsa, OK Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Baker to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. � � M (30.) BID #10967--Exterior signate for Municipal Hill Center, and authorize same (Building Services). RESOLUTION #3513 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 Knox, Gailey & Meador, Inc. for Exterior Signage for Municipal Hill Operations Center, 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. December 13, 1990 Page 889 Passed by the City Council this 13th day of December, 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 11111111If&#]=1011-310110 APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney THIS AGREEMENT, made and entered into this 13th day of December, 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 Knox, Gailey & Meador, Inc. 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 f CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 10967 - FOR EXTERIOR SIGNAGE FOR MUNICIPAL HILL OPERATIONS CENTER IN THE AMOUNT OF $14,719.00 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 r1'79 111TLII1."&V(1011111111►Is, /s/ Gene Eads by Victor Kilman Gene Eads, Purchasing Manager CITY OF LUBBOCK, TEXAS (OWNER) /s/ B. C. McMinn B. C. McMINN, MAYOR 11900 � � /s/ Harold Willard Harold Willard, As ant City Attorney December 13, 1990 Page 890 KNOX, GAILEY & MEADOR, INC. /s/ TITLE: President ATTEST: /s/ Secretary COMPLETE ADDRESS: Knox, Gailey & Meador, Inc. P.O. Box 5736 Lubbock, Texas, 79417 Knox, Gailey & Meador, Inc. Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Baker to authorize Resolution #3513 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49B-890-674 (31.) BID #10942--Chillers for municipal buildings (Building Services). Trane Company--1 ea. 345-ton chiller for Airport; 2 ea. 345-ton chillers for Airport; evaluate 10-year owning & operating cost for one chiller; evaluate 10-year owning & operating cost for two chillers. Simpson Technical Sales--2 ea. 200-ton chillers for Municipal square; evaluate 10-year owning & operating cost. Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Baker to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. as] Elms -1-HIT0112 W., (32.) BID #10939--Drill-develop wells - Remedial Action Program, and authorize same (Water Utilities). RESOLUTION #3514 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 Hi Plains Drilling, Inc. for Drill/Develop Wells for Remedial Action Program, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 13th day of December, 1990. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary December 13, 1990 Page 891 APPROVED AS TO CONTENT: /s/ Gene Eads Gene Eads, Purchasing Manager CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK /s/ Harold Willard Harold Willard, Assistant City Attorney THIS AGREEMENT, made and entered into this 13th day of December, 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 Hi Plains Drilling, Inc. of the City of Abernathy, County of Hale, 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. 10939 - FOR DRILL/DEVELOP WELLS FOR REMEDIAL ACTION PROGRAM IN THE AMOUNT OF $195,861.10 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 APPROVED AS TO CONTENT: /s/ Gene Eads by Victor Kilman Gene Eads, Purchasing Manager /s/ B. C. McMinn B. C. McMINN, MAY —OR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assrltstant City Attorney HI PLAINS DRILLING, INC. /s/ TITLE: President ATTEST: /s/ Secretary December 13, 1990 Page 892 Hi Plains Drilling, Inc. P.O. Box 730 Abernathy, Texas, 79311 Hi Plains Drilling, Inc., Abernathy Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Baker to authorize Resolution #3514 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49B-892-676 (33.) BID #10916--Radio System Analyzer (Communication Services). Motorola Communications & Electronics, Inc. Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Baker to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 90-49B-892-677 (34.) BID #11032--Kitchen equipment for Municipal Hill Operations Center (Building Services). Angelo Refrigeration & Restaurant Supply, San Angelo Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Baker to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 91XIMI (35.) BID #10989--Gate Opener Systems, and authorize same (Land Application Site). RESOLUTION #3515 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 Jay's Welding for Gate Opener Systems - Land Application 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 13th day of December, 1990. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Gene Eads by Victor Kilman Gene Eads, Purchasing Manager /s/ B. C. McMinn B. C. McMINN, MAYOR /s/ Harold Willard Harold Willard, Assistant City Attorney December 13, 1990 Page 893 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 13th day of December, 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 Jay's Welding 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. 10989 - FOR GATE OPENER SYSTEMS - LAND APPLICATION SITE IN THE AMOUNT OF $14,000.00 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 by Victor Kilman Gene Eads, Purchasing Manager COMPLETE ADDRESS: Jay's Welding 7821 W. 34th Street Lubbock, Texas, 79407 CITY OF LUBBOCK, TEXAS (OWNER) /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Askant City Attorney JAY'S WELDING /s/ TITLE: President ATTEST: /s/ Secretary December 13, 1990 Page 894 90-49B-894-679 (36.) Jay's Welding Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Baker to authorize Resolution #3515 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. BID #10995--Spot lights (Civic Center). Sound Lighting Advice, Coralcana--2 ea. cyclorama lights. Dallas Stage Lighting & Equip., Dallas--3 ea. xenon followspots. Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Baker to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. (37.) BID #109867-Fencing for Lake Alan Henry Project, and authorize same (Water Utilities). RESOLUTION #3516 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 Joe Keith for fencing for Lake Alan Henry, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 13th day of December, 1990. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Gene Eads by Victor Kilman Gene Eads, Purchasing Manager CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney THIS AGREEMENT, made and entered into this 13th day of December, 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 Joe Keith 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: December 13, 1990 Page 895 'N",ID NO. 10986 - FOR FENCING FOR LAKE ALAN HENRY IN THE AMOUNT OF ::000 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 by Victor Kilman Gene Eads, Purchasing Manager COMPLETE ADDRESS: Joe Keith Rt. 9, Box 378 Lubbock, Texas, 79423 Joe Keith CITY OF LUBBOCK, TEXAS (OWNER) /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Ass-rs'tant City Attorney JOE KEITH /s/ TITLE: President ATTEST: /s/ Secretary Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Baker to authorize Resolution #3516 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49B-895-681 (38.) BID #10980--Automatic Wastewater Samplers (Water Reclamation). EMSI, Inc., Lincoln, NE--17 ea. automatic wastewater samplers. Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Baker to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. December 13, 1990 Page 896 (14.) alle yL Larry Hertel, City Engineer, gave an overview of the Proposed Paving Assessment Program, stating that it consists of two units of paving and that an assessment would be made against abutting properties'in order to pay a portion of the total paving cost. Mr. Hertel asked that, upon completion of the public hearing, Council determine whether or not the streets or alleys will be paved, and secondly, the rate at which the paving would be assessed. Mr. Hertel stated that Unit A-461-07 is a T alley located between 61st and 62nd Drive and between Louisville Drive and Kenosha Drive. Originally, 19 of the 25 owners (or 76% of the property owners) signed a petition to have the alley paved, but prior to the hearing, Mr. Hertel stated that Staff had received notification that 13 of the 25 (or 52% of the property owners) now oppose the paving. Mr. Hertel requested that if the Council determined to pave the alley, that ,special consideration be given for Lots 153 and 154 due to excessive footage because of location. Staff recommendation was that Lot 153 be reduced from 330.88' to 140.92', and Lot 154 be reduced from 175.38' to 76.47 Mayor McMinn then opened the hearing for public comment, and the following individuals were heard: Barry Reynolds, 3615 61st Street, requested pavement and clean-up of the alley, and asked that if pavement is not approved, that the City lower the grade in the alley to a natural drainage grade. Mr. Reynolds stated further that he is the circulator of the original petition. Jerry Thorn, 6115 Louisville, stated his opposition to paving the alley. Sandra Erwin, 6102 Kenosha Drive, stated her opposition to paving the alley. Al Hovden, 6125 Louisville Drive, stated his support for paving the alley. Lyn Cox, 6108 Kenosha Drive, spoke favoring paving of the alley. Tom Reed, 6111 Louisville Drive, expressed opposition to the paving. At this point, Mayor McMinn pointed out that those speaking at the hearing were equally divided for and against the paving. Mr. Reynolds requested permission from Council to re -circulate the petition within two weeks of this meeting. Councilwoman Trejo expressed her concern that the property owners might not understand the difference between calculated rate and enhanced rate for paving and asked that this be explained. December 13, 1990 Page 897 Mr. Hertel stated that the calculated rate is based on 90% of the paving cost being charged against the abutting property for the property owner's half of the alley. The enhanced rate is based on rates by the appraiser who does a value study analysis of the before and after sales "with alley paving" and "without alley paving" in an attempt to determine the increased value to the property due to the alley paving. Mr. Hertel advised that, in the past, Council has determined that the alley paving is of primary benefit to abutting property owners and has required special agreements so that the final assessment was actually at the calculated rate. Mr. Hertel went on to say that past Council determination has been, if less than 60% of the property owners were not willing to sign this special agreement, to delete the unit from the Paving Program. Councilman Maloy questioned whether or not the total assessed rate would have to be paid at one time, and Mr. Hertel explained that no payments are due until completion and acceptance of the Paving Program, and then the property owner may make arrangements with the Accounting Department for a five -payment pay -out over a four-year period with 8% interest. Mayor McMinn pointed out that property owners who refuse to pay the assessment have a lien placed against their property. Mr. Reynolds restated his request to repetition for this paving, and Mr. Reed reiterated that 52% of the property owners opposed the paving; that they understand the rates, but do not wish to have this unit left in the Program. Mayor McMinn asked whether or not Council could put the unit back in the program on second or third reading if it is taken out today. Mr. Hertel replied that if a new petition is submitted before final passage of the Ordinance, the unit could be put back into this Program, and if not, it could be re -submitted for a future Paving Assessment Program. According to Mr. Hertel, the second reading of the Ordinance would be the first meeting in January. After brief discussion, motion was by Councilman Phillips, seconded by Councilman Maloy to delete Unit A-460-07 from the Paving Assessment Program. Motion carried: 7 Yeas; 0 Nays. Councilman Patterson and Councilman Maloy requested that Staff meet with Mr. Reynolds to work out the problem with grading the alley. At this point Mr. Hertel gave an overview of the proposed paving for Unit 2240-80 which is located on 34th Street from Milwaukee to West Loop 289. According to Mr. Hertel, funds for this paving were approved in the 1987 Bond Issue, and the notifications to the property owners were at an enhanced rate, which Council approved in the November meeting. Mr. Hertel then pointed out corrections to the assessment rolls as follows: Lubbock MHMR Center --Because this is under State ownership, this property is not subject to assessment, and Staff recommended deletion of it. "C" designated tracts in Park Lorraine --This paving was pre -paid, but the curb and gutter was not pre- paid; therefore, no assessment is due to paving, but the curb and gutter will still be assessed for December 13, 1990 Page 898 90-49B- 898-682 (15.) the following tracts: C-52, C-51, C-1, C-2, C-6, C-7, C-8; C79, C-10, C-11, C-12, C-13, C-14, C-15, C-16, and C-17. Tracts C-19 and C-50 were not proposed to be assessed. The paving is prepaid or Tract A-1, so the proposed assessment should be deleted. The following property owners were heard: Melissa Wofford, 6197 West 34th, opposes the paving. Ron Ingram, 6183 34th, favors the paving. Mayor McMinn closed the public hearing. Motion was made by Councilman Maloy, seconded by Mayor Pro Tem Baker for the approval of paving of 34th Street from Milwaukee Avenue from West Loop 289 with the changes stipulated by Staff. Motion carried: 7 Yeas; 0 Nays. alley between 61st and 62nd and Louisville and Kenosha). ORDINANCE #9405 AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING THE FOLLOWING ALLEY AND STREET LOCATED IN THE FOLLOWING BLOCKS AND ADDITIONS: THE ALLEY BETWEEN 61ST STREET AND 62ND DRIVE AND BETWEEN LOUISVILLE DRIVE AND KENOSHA DRIVE ABUTTING LOTS 39 THROUGH 43 AND 145 THROUGH 164, MELONIE PARK ADDITION; AND INCLUDING 34TH STREET FROM WEST LOOP 289 TO MILWAUKEE AVENUE, SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF AND PORTIONS OF OTHER SUNDRY STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND/OR ALONG THE BOUNDARIES OF SAID CITY AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATIONS IN EVIDENCE HEREOF, ALLOCATING FUNDS. (SEE SECTION 1 OF THIS ORDINANCE FOR UNITS DELETED BY CITY COUNCIL). This is the first of three readings of this Ordinance. Motion was made by Councilman Maloy, seconded by Mayor Pro Tem Baker to pass on first reading Ordinance #9405. Motion carried: 7 Yeas; 0 Nays. (39.) Hold an Executive Session to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Board of Electrical Examiners Plumbing/Mechanical Board Housing Standards Commission Board of City Development Committee for Women Board of Health December 13, 1990 Page 899 90-49B-899-683 (16.) Consider Ordinance #9403 abandoning and closing a portion of 20th Street in Section 17, Blk B (4700 20th Street). 90-49B-899-686 (42.) A motion was made to reconsider previous vote on this item. This was to allow abstention by Mayor Pro Tem Baker due to conflict of interest. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Maloy. Motion carried: 6 Yeas; 0 Nays --Councilwoman Trejo absent from the Chambers. It was consensus of Council to allow Mayor Pro Tem Baker to abstain from voting on this Ordinance. Motion was made by Councilman Maloy, seconded by Councilman Patterson to pass on first reading Ordinance #9403. Motion carried: 5 Yeas; 0 Nays; 1 Abstention -- Mayor Pro Tem Baker. (Councilwoman Trejo absent from the Chambers.) Consider three appointments to the Board of Electrical Examiners. The terms of William Burt, Mark Montemayor, and J.C. Myers, Jr. will expire December 31, 1990. Motion was made by Councilman Phillips, seconded by Councilman Patterson to appoint Tom Mandry, Barry Brown, and Don Boatman to the Board of Electrical Examiners. Motion carried: 6 Yeas; 0 Nays --Councilwoman Trejo absent from the Chambers. Consider three appointments to the Plumbing/Mechanical Board. The terms of David Branson Art Cuevas and Bert Maze will expire December 31, 1990. Motion was made by Councilman Phillips, seconded by Councilman Patterson to reappoint David Branson and Art Cuevas and to appoint Al Velasquez to the Plumbing/Mechanical Board. Motion carried: 6 Yeas; 0 Nays --Councilwoman Trejo absent from the Chambers. Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Baker to reappoint Dennis Wardroup and to appoint Laurie Kilgore to the Housing Standards Commission. Motion carried: 6 Yeas; 0 Nays -- Councilwoman Trejo absent from the Chambers. Consider seven appointments to the Board of Cit Development. The terms of Bob Blackwood, Donald Haragan, John Lowey, Tom Nichols, Ryan Provenzano Jack Strong, Jr., and Lemuel Thuston will expire December 13, 1990. December 13, 1990 Page 900 Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Baker to reappoint Bob Blackwood, Donald Haragan, John Lowey, Tom Nichols, Ryan Provenzano, Jack Strong, Jr., and Lemuel Thuston to the Board of City Development. Motion carried: 6 Yeas; 0 Nays -- Councilwoman Trejo absent from the Chambers. Ulm, 9-11ORM. (44.) Consider nine appointments to the Committee for Women. The terms of Dot Thompson, Karen Fulton, Nettie Edwards, Y'Vonne Brown, Margaret Randle, Margaret Mary McCullough, Marlene Hernandez, Jacque Hastings, and Tommie Ervin will expire January 1, 1991. Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Baker to reappoint Tommie Ervin, Jacque Hastings, Marlene Hernandez, Margaret McCullough, and Margaret Randle, and to appoint Chris Allison, Paulina Jacobo, and Marcy Lawless, and to appoint Lucy Brown to fill the unexpired term of Karen Fulton to the Committee for Women. Motion carried: 6 Yeas; 0 Nays -- Councilwoman Trejo absent from the Chambers. 911mue •�� * (45.) Consider two appointments to the Board of Health. The terms of Dr. George Jury and Vicki Shadden will expire on December 31, 1990. Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Baker to reappoint Vicki Shadden and appoint Dr. Gary Schwede to the Board of Health. Motion carried: 6 Yeas; 0 Nays --Councilwoman Trejo absent from the Chambers. There being no further business to come before Council, motion was made by Councilman Patterson, seconded by Councilman Phillips to adjourn the meeting at 11:55 a.m. Motion carried: 6 Yeas; 0 Nays --Councilwoman Trejo absent from the Chambers. xZIBC McMINZNe,MAYOR EST Ran tte Boyd, City S creta�ry READ AND APPROVED THIS LOTH DAY OF JANUARY, 1991. MIX- 01 ST: Rane to Boyd, Cit Setary CC 2. L C U -o v, 3 0 •L o rp c c Er U y > a' s M ca o ao CL O o c c ;ti V � �o�.....,`•1, , �i �... rn 'O C6 L O • C.)c = O Ntn c4 ca L t L C.4 _ = C. O O • U r o o cz c� V w C)30 U • U c it L' O w cz O C cc cC L V; y V:r U. cp f � .C- O ✓ L O L O • Cd L 0 L CL X p 'o 0. 3� o z a c cr 4