HomeMy WebLinkAboutMinutes - City Council - Regular - 5/8/1986REGULAR CITY COUNCIL MEETING
MINUTES
The City Council of the City Of Lubbock, Texas met in regular session on the
8th day Of May, 1980 in the City Council Chambers, first floor, City Hall,
1625 13th Street, Lubbock, Texas at 4:00 d~0°
Present: Mayor B. C. McMinn, Mayor Pro Te0 Joan Baker, C0UOCil0aD
T. J. Patterson, C0u0Cil0dO Gary Phillips, Councilman George Carpenter,
Councilwoman Maggie Tr 'O, COUOCilmdR Bob Nash, City Manager
Larry J. Cunningham, City Attorney John C. Ross, Jr., and City Secretary
RaO2tte Boyd.
Mayor McMinn called the meeting to order at 9:00 a.m.
86-45-207-314
( l")
86-45-207-315
/ 2°\
85-45-207-310
( 3.)
85-45-207-3I7
The Invocation was given by Larry J. Cunningham, City
Manager.
The Pledge of Allegiance to the Flag was given in UUi5qO
by those in the Council Chambers.
PROCLAMATIONS
"ABWA Scholarship Month"
May, 1986
"High Blood Pressure Month"
May, 1986
"Special Olympics Day"
May lU, I986
"Historic Preservation Week"
May 1I-17^ 1980
"Nursing Home Week"
May 11-17^ 1986
"Job-A-ThOD Day"
May l@, 1986 -
"Small Business Week"
May I8-24, 1980
"Southwest 5ChVVl of Governmental Finance Week"
May I8-22, 1986
"Texas Tech School of Banking Week"
May I8-23, 1986
/ 4^\ Motion was 0ddG by Councilman Patterson, seconded by
COuOCil0dD Carpenter to approve the Minutes of the April
24, 1986 Regular City Council Meeting and the May l, 1980
Special City Council Meeting as corrected. Motion
carried: 7 Yeas; U Nays
80-45-207-318
/ 5°\ ORDINANCE #8920--Amending Ordinance i
personnel operations and funding allocation of the Board
of City Development.
ORDINANCE #8920
ORDINANCE NO. 8920
AN ORDINANCE AMENDING SECTION 2-4I2 Of THE CODE OF ORDINANCES OF-j1H-E"1-Z
CITY OF LUBBOCK PROVIDING FOR STAFF PERSONNEL FOR THE BOARD OF
DEVELOPMENT AND PROVIDING A SAVINGS CLAUSE.
86-45-207-3I9
/ 6.\
208 May 8, 1986
ORDINANCE NO. 8912
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP
OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO.
1811-C; A SPECIFIC USE ZONE CHANGE, FROM C-2 TO C-2 SPECIFIC USE PERMIT
UNDER PROVISIONS OF SECTION 29-24(c)(14) OF THE ZONING ORDINANCE, FOR A
VETERINARY CLINIC ON LOT 3 AND THE SOUTH 15' OF LOT 2, IRIS GARDENS
ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; PROVIDING FOR A PENALTY
AS PROVIDED FOR IN SECTION 29-31(a) OF THE ZONING ORDINANCE; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
86-45-208-320
( 7.) ORDINANCE #8913--Zone Case #2558 (north of 66th Street
and on the east side of University) --For change of zonin
from R-1 to C-2 on tract of land out of Section 3, Block
E.
ORDINANCE #8913
ORDINANCE NO. 8913
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP
OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO.
2558; A CHANGE OF ZONING FROM R-1 TO C-2 ZONING DISTRICT UNDER PROVISIONS
OF SECTION 29-29 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK ON A
TRACT OF LAND OUT OF SECTION 13, BLOCK E, LUBBOCK COUNTY, TEXAS; PROVIDING
FOR A PENALTY AS PROVIDED FOR IN SECTION 29-31(a) OF THE ZONING ORDINANCE;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
86-45-208-321
( 8.) ORDINANCE #8914--Zone Case #1970-B
Iola --For change of zoning from R-
and R-2 on a tract of land out of S
ORDINANCE #8914
24th Street and
to C-4 Specific Use
On 44. blOCK A-K.
ORDINANCE NO. 8914
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP
OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO.
1970-B; A CHANGE OF ZONING FROM R-1 TO R-2 ZONING DISTRICT AND C-4
SPECIFIC USE PERMIT UNDER PROVISIONS OF SECTION 29-24(c)(25) AND 29-29 OF
THE ZONING ORDINANCE, FOR MINI WAREHOUSES ON A TRACT OF LAND OUT OF SECTION
44, BLOCK A-K, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; SUBJECT TO CONDI-
TIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 29-31(a) OF THE
ZONING ORDINANCE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
86-45-208-322
( 9.) ORDINANCE #8915--Zone Case #1131-L (3225 50th)--Request
to amend Site Plan on the north 575 on Tract D, Monterey
Addition.
ORDINANCE #8915
ORDINANCE NO. 8915
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP
OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO.
1131-L; CHANGE THE NORTH 575 FEET OF TRACT D, MONTEREY ADDITION, CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS TO AMEND THE SITE PLAN UNDER THE PROVISIONS
OF SECTION 29-29 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK; SUBJECT
TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 29-31(a)
OF THE ZONING ORDINANCE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
86-45-208-323
(10.) ORDINANCE #8916--Zone Case #2400-A (northeast corner of
North Quaker and Loop 289)--For change of zoning from R-1
to IDP on tract of land out of Section 18, Block A.
ORDINANCE #8916
May 8, 1986
ORDINANCE NO. 8916
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP
OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO.
2400-A; A CHANGE OF ZONING FROM R-1 TO IDP (INDUSTRIAL PARK DISTRICT) UNDER
PROVISIONS OF SECTION 29-29 OF THE CODE OF ORDINANCES OF THE CITY OF
LUBBOCK, ON A TRACT OF LAND OUT OF SECTION 18, BLOCK A, LUBBOCK COUNTY,
TEXAS; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN
SECTION 29-31(a) OF THE ZONING ORDINANCE; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
86-45-209-324
(11.) ORDINANCE #8917--Zone Case #2161-B (82nd Street and
Elkridge)--For change of zoning from R-1 to A-1, C-2 and
C-3 on a tract of land out of Section 13, Block E-2.
ORDINANCE #8917
ORDINANCE NO. 8917
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP
OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO.
2161-B; A CHANGE OF ZONING FROM R-1 TO GO, A-1, AND C-3 ZONING DISTRICTS
AND C-2 ZONING DISTRICT, LIMITED TO PROFESSIONAL OFFICES, UNDER PROVISIONS
OF SECTION 29-29 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK ON A
TRACT OF LAND OUT OF SECTION 13, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED
FOR IN SECTION 29-31(a) OF THE ZONING ORDINANCE; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
86-45-209-325
(12.) ORDINANCE #8911--Amending Chapter 6 of the Code of
Ordinances entitled Building and Building Regulations"
amending the Plumbing and Mechanical Code.
ORDINANCE #8911
ORDINANCE NO. 8911
AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES, CITY OF
LUBBOCK, ENTITLED "BUILDINGS AND BUILDING REGULATIONS;" BY AMENDING THE
PLUMBING CODE AND THE MECHANICAL CODE BY ADDING A REQUIREMENT THAT LICENSE
NUMBERS BE DISPLAYED; PROVIDING FOR A PENALTY; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
86-45-209-326
(13.) ORDINANCE #8919--Abandoning and closing a 2' Underground
Utility Easement between Lots 144-A and 144-B,
wnis ererwooa Haaltion.
ORDINANCE #8919
ORDINANCE NO. 8919
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF AN UNDERGROUND
UTILITY EASEMENT LOCATED IN THE WHISPERWOOD 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.
Motion was made by Councilman Nash, seconded by Council-
man Patterson passing on second and final reading
Ordinance #'s 8920, 8912, 8913, 8915, 8916, 8917, 8911
and 8919, on recommendation of City Staff. Motion
carried: 7 Yeas; 0 Nays.
86-45-209-327
(15.) Consider Resolution #2305 amending the Land Use Plan for
the Overton Area.
RESOLUTION #2305
0rOM|UTT0N
WHEREAS, the City Council of the City Of Lubbock in 1974 adopted d
Comprehensive Land Use Plan for the City Of Lubbock, which has been
updated; and
WHEREAS, d redevelopment study and plan of the Overton area was
C000iSSi0Red by the Lubbock Redevelopment Association to reflect future
land use changes in the Overton area; and
WHEREAS, such study was prepared and has been favorably reviewed by
many groups prior to the receipt Of such study by the Planning and Zoning
Commission; and
WHEREAS, the Planning and Zoning CO00isSi8D has approved changes to
the Comprehensive Plan which reflect rgYiS10n8 of the Plan for the Overton
area on April 17, 1986; and
WHEREAS, the Lubbock Redevelopment Association, the North Overton
Neighborhood AsS0CidtiU0, and the Overton South Neighborhood Association
have endorsed the plan reC0008Od8d by the Planning and Zoning Commission;
and
WHEREAS, the proposed amendment is -in the best interest of the
citizens Of the City of Lubbock, NOW THEREFORE;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the said Lubbock Comprehensive Land Use Plan, as amended, BE and
is hereby adopted by the City Council of the City of Lubbock as a guide for
short-range and long-range community development within the City of
Lubbock; and
THAT d copy of said amendment to said Comprehensive Land Use Plan
shall be attached hereto as Exhibit A, which shall he d part of the
resolution as if fully copied herein.
Passed by City Council this 8th day of May, 1986.
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Jim Bertram
Bertram, Assistant City Manager
McMinn
B.C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Laura J. Monroe
Laura Monroe, Asst. City Attorney
At the last City Council meeting, the Council asked Staff
to report OD the primary aspects of the Overton Plan.
This report was given in the 8:00 d"0° work seSSiDO~
In regular session the following statement was read by
COUDCilw0mdO Baker:
"Recognizing the need to d0 something positive in
the re -development of this Very vital part of our
City, I 0OVe approval of the Overton Land Use Plan
with the suggested "green space" park areas removed,
leaving these areas compatible with the adjacent
pr0pO38U land Use; and OO Blocks 13, I4* 15, 16, and
17 that the west side Of those blocks be designated
high -density residential (This will pull that to the
alley between Avenues S and R.\; and with these
ChdOQeG and with the understanding that this is
merely a Land Use Plan and that any zone changes
that are going to be made 0USt be made through the
legal ChaOO8lS° The parks were included in this
plan, l believe, to force the City to make a
commitment to revitalize Overton. I think that we
are committed to d0 our part to erect the parks,
Street improvements or whatever is needed to revita-
lize this area as 6VVn as substantial private
fnVeSt08Dt is made. [ think that the Council iS
Very supportive not only Of the Plan but also of
doing something in this area and we are willing to
look at the needed changes that come 8l0OS after the
iAYp5t0pDt has been made. Due to our own budget
constraints right now { think that it would not
behoove u3 to take on any additional large financial
responsibilities at this time."
211
' CoVDCil0dO Carpenter Stated that Council is not objec-
ting to the green areas, and is saying that as the Deeds
for parks arise, any of the green areas can be put back
| in when they are brought back to Council for approval.
City Staff recommended that the action of the Planning
and Z0DfOg C800iS8iUn be Upheld.
Motion was made by Councilwoman Baker, seconded by
Councilwoman Trejo authorizing Resolution #2305, appro-
ving the Overton [dOd Use Plan with the suggested "green
space" park areas removed, leaving those areas compatible
with the dd'dCeAt proposed land use; and OD Blocks 13,
14, 15, 16, and 17 that the west side of those blocks be
designated high -density residential. Motion carried: 7
Yeds^, U Nays.
-
85-45-211-328
/I6^\ Consider Resolution #2306 authorizing Change Order #2 on
Kerr Construction Contract for the Southwest General
Change Order #2 in Files Aviation Area Expansion at Lubbock International Airport
to provide additional worF -required on a water main
RESOLUTION #2306
RESOLUTION
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 O Change Order
No. 2 AIP Project Numbers 3-48-0138-04 & 05 between the City of Lubbock and
Kerr Construction Company, attached herewith, which shall be Spread Up0O
the minutes of the Council and as spread UpOO the minutes of this Council
shall constitute and be O part Of this Resolution as fully copied herein in
detail~
Passed by the City Council this 8th day of May, 1986.
McMinn
B. C. McMINN, MAYOR
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Marvin Coffee
Marvin CoTf'eeDirector of Aviation
Michele
Michele Hart, Assistant City
Attorney
Early this year, a City -owned IO" water main, which is
part of d loop serving the West Airport District, broke
beneath O major taxiway on the west Side of the Airport.
The taxiway was Closed to all traffic since the condition
under the pdVe09Ot was not known. Testing showed a void
caused by the force of water coming from the break.
That section of the water line was cut, then filled with
grout and the Void under the taxiway was filled with
grout. It required 2-1/2 to 3 yards of grout to fill the
abandoned water 0diO and over 5 yards Of QnJUt to fill
the void.
This Change Order #2 provides for the following:
l. Grouting of the water 0diD
and void beneath Taxiway C $ 2,340
2. Grouting of the water main
under Runway 17N/35L / d
' ` -
86-45-212-329
/l7.\
Transportation Management Contract
in Files
3^ Placement of 358 linear
feet Of 18-iOch Steel pipe
for water line CdSiDg under
Taxiway C and Runway 17R/35L
$35,997
Re-establishment of the lO" water main will be accomplished
by the City Water Department and work is anticipated to
be coordinated s0 the closure of the major runway will be
as short as possible.
Change Order #2 also extends the Contract time 31 days
because Of verified weather delays. The original com-
pletion date was July 22, 1986 and is revised to August
yy, 1986.
The Airport Board has reviewed this and recommended it to
City Council.
Motion was made by Councilman Carpenter, seconded by
C0UUCilN00aO Tr 'O authorizing Resolution #2306, as
recommended by the Airport Board and City Staff. Motion
Carried: 7 Yeas; 0 Nays.
Consider Resolution #2307 authorizing the
the Contract with McDonald Transit Associates, Inc., to
provide for transportation management.
RESOLUTION #2307
RESOLUTION #2307
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 D Transporta-
tion Management Contract between the City Of Lubbock and McDonald Transit
Associates, Inc., for the management of the Lubbock transit system, attached
herewith which shall he spread upon the minutes of the Council and as spread
UpOO the minutes Of this C0U0Ci) shall constitute and be d part of this
Resolution as if fully copied herein in detail.
Passed by the City Council this 8th day of May, 1986.
McMinn
B. C. McMINN, MAYOR
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Hoffman
Larry Hoffman, Director of Transportation
APPROVED AS TO FORM:
Fullingim
J. Worth Fullingim, Assistant City Attorney
TRANSPORTATION MANAGEMENT CONTRACT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK 6 �
THIS CONTRACT AND AGREEMENT, made and entered into on this, the 8th day
Of May, A.D. l9O� by and between the City Of Lubbock, Home Rule Municipal
~ " , -. . � "
Corporation of the State Of Texas, hereinafter called "City", and McDonald
Transit Associates, Inc., D Texas Corporation, hereinafter called "MCDTo^
May 8, 1986 213
WITNESSETH:
`
WHEREAS, the City and McDT entered into a contract and agreement UR the
8th day Of September, 1983» for the provision Of transportation 0dOdge08nt
and advisory services, and
WHEREAS, the initial term Of that agreement was from the first day of
October, 1983 through the last day of September, 1986, and
WHEREAS, the agreement provides n. . ° and thereafter shall be
automatically renewed for SUCCe5SiYe periods Of twelve /I2\ 0DOthS unless at
least 60 days prior to the end of any twelve-month effective period either
party shall serve written notice upon the other that it desires cancellation,
revision, or modification of the provision Or provisions of this agreement."
and
WHEREAS, the parties desire to continue the contract and agreement for d
twelve-month period with certain mutually agreed modifications,
NOW THEREFORE, the parties hereto d0 CVYeDdnt and agree as follows:
I.
THAT this agreement shall serve as the written notice required in
Section II Of the original agreement of September 8, 1983.
lI.
THAT the term of the original agreement Shall be extended for twelve
months, beginning UD the first day of October, 1986, and ending the last day
of September, 1987.
THAT the compensation during this twelve-month extension shall be the
SU0 of SIX THOUSAND FOUR HUNDRED DOLLARS /$6,400.00\ per 0OOth~
IV.
The parties further agree that "other expenses of the operation of the
bus transportation system", mentioned in Section XI DS being reimbursable by
the City, shall include any legal fees directly related to the operation of
the transportation system concerning labor or employment matters.
V°
All other provisions of the agreement between the parties of September
8, 1983, shall remain in effect during the term Of this twelve-month renewal.
IN WITNESS WHEREOF, the parties hereto have executed this contract and
agreement on the 8th day of May A.D., 1986 as of the date and year aforesaid.
McDONALD TRANSIT ASSOCIATES, INC.
Louis
{l
Louis L. Hall, President
ATTEST:
Babbitt
Robert T. Babbitt, Secretary
CITY OF LUBBOCK, TEXAS
McMinn
U. C. McMinn, Mayor
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry V. Hoffman
Larry Hoffman
Director Of Transportation
Fullingim
The Contract with McDonald Transit Associates, Inc.,
provides for automatic renewal for 5UCceSSiVe periods of
twelve months. The current Contract monthly fee is
proposed to be increased from $6,150 to $6,400 (4%).
Staff recommended this as d reasonable increase as there
has been 00 increase in Contract fee for the past three
years.
The current Contract with McDonald Transit Associates for
0d0age08Dt Of the Transit Sv6tp0 will expire in September
of 1980, and in preparation for the I986-87 budget,
McDonald Transit Associates 13 asking that the City use
the automatic renewal clause in the current Contract to
C0DSiUer extending their Contract on d year -by -year
basis.
Staff advised that McDonald Transit has done an extremely
good job for the City, and recommended that the Council
COntiOU8 to extend McDonald Transit Associates'
Contract with the City of Lubbock, as long as this
company continues to provide d high level Of management
services.
McDonald requested that Council consider the following:
l° That the fee be increased in the same percen-
tage as the standard payment adjustment
1Dcr8d5e given the City employees.
2. That the City consider legal fees regarding
employment as an "operating expense" of the
system, rather than as a part of the
"/0dOdg80eDt fee".
Staff recommended approval Of the R850lUtiOO authorizing
US to contract with McDonald Transit.
Motion was made by Councilman Nash, seconded by
C0VDCi7wVma0 Tr 'O authorizing Resolution #2307, as
recommended 0,
hv City Staff. Motion �drr��d� 7 Y��S-
_^ ~
Nays~
86-45-2I4-330
(I8.) Consider Resolution #2308 authorizing thei
an Application and Contract for an Oeerating Assistance
Application for Operating mo//tunder the Department of Transportation, Urban Mass
Assistance Grant in Files Transportation
RESOLUTION #2308
RESOLUTION #2308
A RESOLUTION OF THE CITY COUNCIL OF LUBBOCK, TEXAS, AUTHORIZING THE FILING OF
AN APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF
AMERICA FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACTS OF 1964, AS
AMENDED~
WHEREAS, the Secretary of Transportation is authorized to make grants for
mdSS transportation projects; and
WHEREAS, the contract for financial assistance will impose certain
obligations upon the applicant, including the provision by it Of the local
share of project COSt8; and
WHEREAS, it is required by the United States Department of Transportation in
accordance with the pr0YiSiODS Of Title VI of the Civil Rights Act of 1904,
OS amended, the applicant give an dS5urdOCe that -it will comply with Title VI
Of the Civil Rights Act Of 1964 and the United States Department of
Transportation requirements thereunder; and
WHEREAS, it is the goal of the applicant that disadvantaged business
enterprise be utilized to the fullest extent possible in COD0eCti0O with this
project, and that definitive procedures Shall be established and administered
to ensure that disadvantaged businesses Shall have the maximum feasible
opportunity to compete for C0OtrdCt6 when procuring CO0StruCtf0n contracts,
supplies, equipment contracts or C0O8U}taDt and other services:
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LUBBOCK, TEXAS, ON
THIS 8TH DAY OF MAY, I986, AS FOLLOWS:
l° That the MAYOR is authorized to execute and file applications On behalf
of the City Of Lubbock with the United States Department of
Transportation to aid in the financing of planning, capital, and/or
2]5
2^ That the MAYOR is authorized to execute and file with such applications
an assurance or any other document required by the United States
Department of Transportation gff8CtUdt1Og the purposes of Title VI Of the
Civil Rights Act of 1964.
3^ That the GENERAL MANAGER of CITY TRANSIT MANAGEMENT COMPANY, INC., is
authorized to furnish such additional information as the United States
Department Of Transportation may require in connection with the
application for the program of projects.
4° That the MAYOR is authorized to Get forth and execute affirmative
minority business policies in connection with the program Of projects
procurement Oepd5"
5. That the MAYOR is authorized to execute grant agreements on behalf of
Lubbock, Texas, with the United States Department Of Transportation for
aid in the financing of the planning, capital and/or operating assistance
program of projects.
6. That this resolution shall take effect immediately upon its adoption.
Passed by the City Council this 8th day of May, 1986.
McMinn
B. C. MCMINN, MAYOR
ATTEST:
Ranette Boyd, City Secretary
Approved as to Content:
/s/ Larry V. Hoffman
Larry Hoffman, Director of
Transportation
8opr0YeU as to Form:
/s/ J. Worth Fullingim
J. North FU||1Dg10» Assistant
City Attorney
This grant was needed to continue current level of
service for FY 86-87, October l, 1986 - September 30,
1987~ (Approval by UMTA takes 60-90 d8y8\° A notice was
published April 8, giving the general public an oppor-
tunity to comment on the grant application; no comments
were received~ The project budget submitted was for the
total d00UOt for which the City of Lubbock was eligible
/$836,220\, based 00 the current level of service.
The local share of $830,220 /50% of total) is made Up of
the City of Lubbock funds /$542,845\, University Student
funds ($250,375), and charter profit /$37,000\. Staff
reported that at their April 22 meeting the Lubbock
Transit Advisory Board recommended that the City submit
this application, and City Staff supports this
recommendation.
Motion was made by C0UDcil0d0 Nash, seconded by
COUDCilN80dD Tr 'O authorizing Resolution #2308, as
recommended by City Staff. Motion carried: 7 Yeas; 0
Nays.
86-45~2I5-331
/I9.\ Consider Resolution #2309 authorizing thefile
Grant Apelication and execute a Contract for a Capital
Application for Capital Assistance Grant under the Department
Assistance Grant in Files mvm/ Mass Transportation Act of 1964, as amended.
RESOLUTION #2309
RESOLUTION #2309
A RESOLUTION OF THE CITY COUNCIL OF LUBBOCK, TEXAS, AUTHORIZED THE FILING OF
AN APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF
AMERIC8 FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS
AMENDED~
216 May 8, 1986
WHEREAS, the contract for financial assistance will i0A088 certain
obligations UpVO the applicant, including the provision by it of the local
share of project COSt5: and
WHEREAS, it is required by the United States Department of Transportation in
accordance with the prOVi5i8OS of Title VI of the Civil Rights Act Of I964,
as amended, the applicant give an 8S3UrdOce that it will comply with Title
VI Of the Civil Rights Act Of 1964 and the United States Department of
Transportation requirements thereunder; and
WHEREAS, it is the goal Of the applicant that disadvantaged business
enterprise be utilized to the fullest extent possible in C0DDeCti0O with this
project, and that definitive procedures shall be established and administered
to ensure that disadvantaged bVSiOeSSeS shall have the 0aXi0U0 feasible
opportunity to compete for contracts when procuring C0nStrUCti0O contracts,
supplies, equipment contracts or C0ASUltdOt and other services:
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LUBBOCK, TEXAS, ON
THIS 8TH DAY OF MAY, 1986, AS FOLLOWS:
l~ That the Mayor is authorized to execute and file applications on behalf
of the City of Lubbock with the United 3tdC85 Department of Transpor-
tation to aid in the financing of planning, capital, and/or operating
8SSiStdOCe projects pursuant to Section 9/A\ Of the Urban Mass Trans-
portation Act of 1964, as amended.
2. That the MAYOR is authorized to execute and file with such applications
an OSSUraAc2 or any other d0cV02Dt required by the United States
Department Of Transportation effectuating the purposes of Title VI of the
Civil Rights Act of 1964.
3. That the GENERAL MANAGER of CITY TRANSIT MANAGEMENT COMPANY, INC~, is
authorized to furnish Such additional information as the United States
Department Of Transportation may require in C0DDectiO0 with the
application for the program Of projects.
4. That the MAYOR is authorized to set forth and execute affirmative
minority business policies in C00OcCtioD with the program of projects'
procurement needs.
5° That the MAYOR is authorized to execute grant agreements 00 behalf of
Lubbock, Texas, with the United States Department Of Transportation for
did in the financing of the planning, capital and/or operating assistance
program of projects.
0^ That this resolution shall take effect immediately upon it adoption.
Passed by the City Council this 8th day of May, 1986.
McMinn
B. C. MCMINN» MAYOR
ATTEST:
Ranette Boyd, City Secretary
Approved as to Content:
Hoffman
Larry Hoffman, Director Of Transportation
Fullingim
J. Worth FUlliDQi0, Assistant City Attorney
This Capital Assistance Grant is an 80% federal share and
207, local share Of the net project costs. The State
Legislature, in an effort to balance the budget, appro-
priated no new funds for the State Public Transportation
Fund which has in the past paid 65% Of the local Share,
or 13% of the entire capital grant project. (The City
has only paid 7%). If the funds become available, the
City would seek those funds; otherwise, the City antici-
pates paying the full 20% local Share. The items to be
purchased are to maintain current level of service; no
expansion is planned.
Purchase one support vehicle (car) $I0,000
Purchase bus wash brushes 5,500
Purchase spare engine 16,400
Purchase spare trd0s0iS5i0D l8,000
~`,
2}7
Purchase radar gun
Purchase brake meter
Purchase a/c YaCUW0 pump
Purchase one support Vehicle
Contingencies /5%\
Administration /4%\
Total Project Cost
(3/4 ton pickup)
1,500
830
800
15,000
4,361
3,664
The appropriate notice was published VO April 8~ Also,
the Transit Advisory Board considered this matter at
their April 22 meeting and recommend it's authorization.
Staff concurs with the TAB recommendation.
Motion was made by Councilman Nash, seconded by
C0UDCilNO0dD Tr '0 authorizing Resolution #2309, as
recommended by City Staff. Motion carried: 7 Yeas; O
Nays.
86-45-2I7-332
(20,) Consider Resolutionh iih file
°'~^~ Application
Technical Study Grant
Application in Files tation, Urban Mass Transportation Act of 1964, as
RESOLUTION #2310
RESOLUTION #2310
A RESOLUTION OF THE CITY COUNCIL OF LUBBOCK, TEXAS, AUTHORIZED THE FILING OF
AN APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF
&MERICA FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS
AMENDED.
WHEREAS, the Secretary of Transportation is authorized to make grants for
mass transportation projects; and
WHEREAS, the contract for financial dSSi5tdncg will impose certain
obligations upon the applicant, including the provision by it of the local
Share Of project C0StS; and
WHEREAS, it is required by the United States Department of Transportation in
accordance with the provisions of Title VI of the Civil Rights Act of 1964,
as amended, the applicant give an assurance that it will comply with Title
VI of the Civil Rights Act of 1964 and the United States Department of
Transportation requirements thereunder; and
WHEREAS, it is the goal of the applicant that disadvantaged business
enterprise be utilized to the fullest extent possible in C0DD8ctiO0 with this
project, and that definitive procedures shall be established and administered
to ensure that disadvantaged hus1OeSs2S Shall have the maximum feasible
opportunity to compete for contracts when procuring construction contracts,
supplies, equipment contracts or consultant and other services:
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LUBBOCK, TEXAS, ON
THIS 8TH DAY OF MAY, 1986, AS FOLLOWS:
l. That the MAYOR is authorized to execute and file dppl1Cdti008 On behalf
Of the City Of Lubbock with the United States D8pdrbD8Dt of Transpor-
tation to aid in the financing of planning, capital, and/or operating
assistance projects pVrSUdDt to Section 9(A) Of the Urban Mass Trans-
portation Act of 1964, as amended.
2. That the MAYOR is authorized to execute and file with such applications
an assurance or any other document required by the United States
Department Of Transportation effectuating the purposes of Title VI of the
Civil Rights Act Of 1964"
3° That the GENERAL MANAGER Of CITY TRANSIT MANAGEMENT COMPANY, INC., is
authorized to furnish such additional information as the United States
Department Of Transportation may require in cOnO2Cti00 with the
application for the program Of projects.
4° That the MAYOR is authorized to set forth and execute affirmative
minority business policies in connection with the program of projects'
procurement needs.
5~ That the MAYOR is authorized to 8XeCUt8 grant agreements on behalf of
Lubbock, Texas, with the United States Department of Transportation for
aid in the financing Of the planning, capital and/or operating assistance
program of projects.
6. That this resolution shall take effect immediately upon it adoption.
Passed by the City Council this 8th day of May, 1986.
McMinn
B. C. MCMINN, MAYOR
ATTEST:
Ranette Boyd, City Secretary
Approved as to Content:
Hoffman
Larry Hoffman, Director of Transportation
Fullingim
J. Worth FUlliOgim, Assistant City Attorney
This project is to be funded 80% Federal share and 20%
City share.
Federal Grant $36,000
Local Share 9,000
Total Project $45,000
These funds will be used to fund the Transit planning
activities as defined in the FY 1987 Unified Work Program
and outlined as follows:
SUMMARY TASK BUDGET
Technical Activity
$ 6,750
Alternative Financial and Operational Scenarios maintain
a five-year Financial Plan which defines amount of
resources required to continue current level Of service,
and an Operational Contingency Plan which provides d plan
to be Used in C8Se Of reduction or loss Of Federal
operating assistance "
Monitor System and Service Development $12,000
Monitoring the efficiency of the Svstem'S route and
schedule, maintenance, Of management's performance.
Making periodic comprehensive analyses and special
one-time projects/studies will complement the ongoing
program.
Maintenance of Eligibility $ 2,250
Prepare and/or coordinate activities in the areas Of:
Title VI Certification; Disadvantage RUsiOe5S Enterprise
participation; FY 1988' 6 UWP and TIP.
Private 38CtOr Participation $24,000
Comprehensive reporting of possible benefits Of increased
private sector participation in System operations with
emphasis OD potential cost savings and improving service.
The approval Of this Grant was needed to maintain eligi-
bility for Capital and Operating Assistance Grants and to
provide for p|dODiOg activities of the system. At their
April 22 meeting, the Lubbock Transit Advisory Board
recommended the City submit this application and City
Staff supported this recommendation.
Motion was made by CoUOCil0dO Nash, S8C0Dded by Council-
woman Tr '0 authorizing Resolution #23I0, as recommended
by the Transit Advisory Board and City Staff. Motion
carried: 7 Yeas; 0 Nays.
85-45-2I8-333
/21~\ Consider Resolution2311 authorizing the
execute an Agreement for distribution of possible refund
Agreement Regarding Tax of Gross Receipts Tax.
Refund Litigation in Files
RESOLUTION #23I1
2}g
M. WIT I owl] T
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor Of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf Of the City of Lubbock an Agreement
Regarding Tax K8fU0d Litigation between the City Of Lubbock and Pioneer
Corporation, triplicate originals attached herewith, which shall be spread
upon the minutes Of the Council and as spread upon the 0iDVt8S 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 8th day of May, 1986.
McMinn
B.C. McMINN, MAYOR
ATTEST:
Ranette Boyd, City Secretary
John C. Ross, Jr., City Attorney
AGREEMENT REGARDING TAX REFUND LITIGATION
This agreement, made and entered as Of the Ath day of May, 1986, by and
between Pioneer Corporation and the City of Lubbock.
WITNESSETH:
WHEREAS, Pioneer Corporation ("Pioneer") and the City Of Lubbock
("City") are presently in litigation to recover from the State of Texas gross
receipts taxes paid by Pioneer in which the City has d direct pecuniary
interest by virtue Of contractual agreements between the City and Pioneer and
Pioneer is the successor of the right to refund gross receipts tax based On
its sales through its transmission pipeline system in the City of Lubbock
pursuant to CODtrdCtS Of We3tOr Transmission Company and Pioneer Natural Gas
Company, formerly divisions of Pioneer. Pioneer and the City entered into an
agreement as of December 14, 1979 which was amended On December lO, I981, the
effect of which was to provide that the City would be the ultimate recipient
of any benefit to Pioneer resulting from a favorable final determination
C0OCerDiDg the QrO5S receipts tax paid on sales Of natural gas at the City/s
Holly Avenue Plant to the extent that the tax paid was actually pDS88d
through and paid by the City.
Because the pass -through of the gross receipts tax to the City was
phased in and because of questions relating to the application Of the formula
for determining the d0OUnt of refund, the parties have agreed to the amount
Of refund that the City is entitled to receive in the event O refund is
obtained relating to the sales at the Holly Avenue Plant. It is accordingly
agreed by the City and Pioneer that in the event that the gross receipts tax
applicable to distribution pipeline companies is not applicable to the sale
Of QdS at the Holly Avenue Plant, the City would be entitled to d refund of
$699»683.00.
Pioneer is claiming a total of $2^603,240~31 which represents gross
receipts taxes paid to the State for sales Of gas at the Citv/s Holly Avenue
Plant plus 3dl23 of gas to three industrial customers from its transmission
pipeline system. It has become necessary for Pioneer and the City to retain
an expert witness to assist in this case. The parties agree that they will
each pay the percentage total that they would receive based on a recovery VD
the entire claim. The City Of Lubbock will be responsible for 26°9% of the
cost relating to the expert, and Pioneer Corporation will be responsible for
73"I% based On the following:
Pioneer Corporation
City of Lubbock
It is agreed that the
Pioneer with a copy to the
City will reimburse Pioneer
after Pioneer has notified
$I,903,557~31 73.I%
699683^0} 26^9%)
$2,503,240~3I (100%)
expert will send the original of his bill to
City. Pioneer will pay the entire bill, and the
for 25°9% Of the total within days
the City that payment has been made.
220 May 8, 1086
IN WITNESS WHEREOF, the parties have caused this agreement to be duly
executed on this the day and year first above written.
ATTEST:
Assistant Secretary
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
RobertMassengale
J. Robert Massengale
Assistant City Manager
CITY OF LUBBOCK:
BY:McMinn
B.C. MCMINN, MAYOR
APPROVED AS TO FORM:
City Attorney
In the summer of I981» Pioneer Corporation agreed to join
with the City of Lubbock in pursuing refund and cancella-
tion of d Gross Receipts Tax paid to the State for gas
delivered to Lubbock Power and Light inside the City
Limits Of Lubbock.
For many years prior to this time, the City Staff had
pursued the elimination Of this tax through de -annexation
of the Holly Avenue Plant, relocation of point of
delivery to outside the City Limits, and other efforts
which proved to be fruitless.
In the summer of I981, the City Of Lubbock and Pioneer
Corporation jointly retained an attorney in Austin to
pursue this endeavor for the City~
The first procedure was to request d refund from the
State Comptroller. This request was made and was
refused. The Attorney pursued the request in Court, and
the CdSe is to be heard October, 1986 in d District Court
in Travis County.
The Gross Receipts Tax was not d direct pass -through from
Pioneer to the City Of Lubbock. The amounts that we were
charged were negotiated and the Gross Receipts Tax is not
identifiable. The City Staff eSCi08t8S that the a0VVDt
is $969,000^ The Pioneer Staff estimates that the d00uOt
is $430,000. Staff has negotiated d compromise amount
for for the City Of Lubbock of $699,000^
The Attorneys r8C000e0d that the City settle this parti-
cular point prior to proceeding s0 that this matter will
be pursued in a united front.
The City Staff feels that the $699,000 is o reasonable
compromise under the circumstances, and recommended
approval of the Resolution.
Motion was made by Councilwoman Baker, seconded by
C0UDCil0aO Nash authorizing Resolution #2311, as recom-
mended
86-45-Z2O-334
(22,) Consider Resolution3designating Mayor Pro Tem.
RESOLUTION #2312
RESOLUTION
WHEREAS, the final judgment in Jones v. City f Lubbock, CA-5-76-34,
(Federal District Court --Northern District Of Texas, I983), requires that
the City COUDCil0e0b8rS elect d mayor pro te0 from d0U0g its N80b8r3 at the
first regular City Council meeting following election and qualification of
its members; and
WHEREAS, all members of the City Council have now been elected and
qualified; NOW THEREFORE:
BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT Joan Baker
is elected mayor pro t8m Of the Lubbock City Council
until such time as
a successor may be elected and qualified.
Passed by the
City Council this 8th day of May, I986°
B.C. McMINN, MAYOR
~--~ ATTEST:
KanStte Boyd, City
Secretary
APPROVED AS TO FORM:
-_ Donaldi
ver
Donald G. Vandiver,
First Assistant
City Attorney
Motion was made by Councilman Carpenter, seconded by
Councilman Patterson authorizing Resolution #23I2 which
designates J0OD Baker as Mayor Pro Tem. Motion carried:
7 Yeas; O Nays.
80-45-22I-335
/24~\
BID #8924--Tractors, backhoes, sweepers and spreaders
Permian Tractor: l 40 PTO HP tractor; l tractor and
baCkh0P with front end loader.
Yel}0wh0use Machinery Company: l 62 HP tractor with
front end loader.
Border Machinery Company: 4 salt spreaders~-2 single
axle; 2 double axle.
Associated Supply: tractor and bdckhne with front end
loader
Conley -Lott, Nichols Machinery Company: l self-propelled
rotary sweeper.
Motion was made by Councilman Carpenter, seconded by
Councilman Patterson authorizing low bids meeting
specifications as recommended by City Staff. Motion
carried: 7 Yeas; O Nays.
86-45-221-336
(25°)
BID #8925--UtilitZ trucks (Garage).
8c0ggiM-Dickey GMC: (l) ]-ton truck cab and chassis; /l\
l-Ton Cab and Chassis w/ service body.
West Texas Truck Centers, Inc.: /2\ l 1/2 Ton GVW w/
dump body; (l) 26x500 |b. GVW N/ dump body; /l\ 28r000
lb. GVW w/flOt-bed dump; (l) 28^000 lb. GVW w/dUmp bed
and winch; (T) GVWR low profile cab and Chd8si5"
South Plains International Truck Company: /l\ 2-Ton
/ l
]
Diesel cab and chassis.
Commercial Body Corporation: (l) 25,500 lb. GVW w/aeridl
bucket and line truck body.
UEC Equipment Company: 32,000 lb. GVW w/Utility body and
lifting derrick.
Motion was made by Councilman Carpenter, seconded by
Councilman Patterson authorizing low bids meeting
specifications as r8CO008Od8d by City Staff. Motion
carried: 7 Yeas; 0 Nays.
80-45-221-337
(26~)
BID #8942--Fittings, pipes and valves (Warehouse Stock).
Waterworks Municipal, Inc.: Miscellaneous fittings,
pipes and valves.
222 May 8, 1986
Motion was made by Councilman Carpenter, seconded by
Councilman Patterson authorizing low bids meeting
specifications as recommended by City Staff. Motion
carried: 7 Yeas; 0 Nays.
86-45-222-338
(27.) BID #8948--Miscellaneous electric items (Warehouse
Stock).
Temple, Inc.: 200 terminal connectors; 50 anchors.
Westinghouse, Electric Supply Company: 18 elastimold
feed; 57 elastimold deadened receptacles; 8 portable feed
through; 2,000 ft. stranded polyethylene communications
cable.
General Electric Supply Company: 6,000 ft. #2 cable.
Grabar Electric Company: 50 polyphase enclosures.
Cummins Supply Company: 10,000 ft. plastic conduit; 250
steel rod; 800 wood cross arm; 4,000 ft. cable.
Poleline Electric Supply Company: 5,000 washers.
Motion was made by Councilman Carpenter, seconded by
Councilman Patterson authorizing low bids meeting
specifications as recommended by City Staff. Motion
carried: 7 Yeas; 0 Nays.
86-45-222-339
(28.) BID #8952--Miscellaneous water main valve and fittings
-Warehouse Stock).
C & C Municipal Supply: (4) 8" cast iron water main
bends; 4" cast iron water main bends; (2) 4" x 12" cast
iron water main offsets; (2) 8" x 4" cast iron water main
reducers; (6) 4"x4" C I water main tees.
Trans -Tex Supply Company: Mechanical joint tapping
sleeves as follows: (4) 6"x4"; (2) 12"x4"; (2) 12" x611
(6) 6"x6"; (3) 811x6";(5) 10"; (4) 3" flanged end gate
valves; (2) 8" flanged end gate valves.
The Rohan Company: (10) 2" mechanical joint end gate
valves.
Motion was made by Councilman Carpenter, seconded by
Councilman Patterson authorizing low bids meeting
specifications as recommended by City Staff. Motion
carried: 7 Yeas; 0 Nays.
86-45-222-340
(29.) BID #8961--Remodeling and addition --City of Lubbock
Health Department, and authorize same (Administrative
Resolution #2313 void Services).
because less than Burleigh's Floor Covering: the and carpet installation.
$10,000 bid
C & C Construction: lightage metal framing and gypsum
derywall installation, acoustical ceiling installation
and painting.
Long Flooring/Ward Construction: Mechanical and HVAC
work.
Lesley Electric: Electrical installation.
Lynn Davis Construction: Doors and rough carpentry work.
Motion was made by Councilman Carpenter, seconded by
Councilman Patterson authorizing low bids meeting
specifications as recommended by City Staff. Motion
carried: 7 Yeas; 0 Nays.
86-45-222-341
(30.) BID #8970--Sidewalk and driveway improvements on 2500 and
2600 blocks of Bates and Baylor, and authorize same
Contract in files CEngineering Department).
RESOLUTION #2314
223
PFqA|uTT0N
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 C00CrdCt
with Mize Engineering & Development Company for sidewalk and driveway
improvements on the 2500 and 2000 Blocks of Bates and Baylor Streets,
7-7 attached herewith, which shall be Spread UpOO the 01OUteS of the Council
and as spread Up0O the minutes of this [OUDCil shall constitute and be a
[�| part of this Resolution as fully copied herein in detail.
Passed by the City Council this 8th day of May, 1986.
McMinn
|�| U ATTEST:
�~� U
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Gene Eads, Purchasing Manager
Haroldill rd
Harold Willard, Assistant City Attorney
Mize Engineering: 1986 Sidewalk Improvements.
Motion was made by COUOCil0aD Carpenter, seconded by
Councilman Patterson authorizing R23OlUtiOD #2314 as
recommended by City Staff. Motion carried: 7 Yeas; O
Nays.
86-45-223-342
/3l.\ bpotassium
Hancock Industries: 25 tons Potassium Permangate.
MVtf0O was made by C0U8Cil0aD Carpenter, seconded by
C0U0Cil0dO Patterson authorizing low bids meeting
specifications as recommended by City Staff. Motion
carried: 7 Yeas; O Nays.
80-45-223-343
/23.\ Hold Executive Session to discuss litigation regarding
the Street Department and Building Maintenance
Department, and land acquisition regarding the Sanitary
Sewer and Building Maintenance Departments.
86-45-223-344
(I4°) Consider Resolution #2315 authorizing the
execute a Settlement Agreement with Appian Corporation.
��] U RESOLUTION #2315
Asphaltic Street Repair
Compromise and Settlement
Agreement in Files
RFf,0111TlAN
DE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City Of Lubbock RE and is hereby authorized and
directed to execute for and OO behalf of the City of Lubbock an Asphaltic
Street Repair Compromise and Settlement Agreement to be entered into by and
between the City of Lubbock and Appian Corporation for the repair and/or
reconstruction Of street paving as Set forth in such Agreement, attached
herewith, which shall be spread Up0O the minutes Of the Council and as Spread
Up0D the minutes Of this Council Shall constitute and be a part Of this
Resolution as fully copied herein in detail.
McMinn
B. C. MCMlNN, MAYOR
ATTEST:
Ranette Boyd, City Secretary
Jim Bertram
Jim Bertram, Assistant City Manager
for Development Services
APPROVED AS TO FORM:
Fullingim
J. Worth FVl|iDgim, Assistant City
Attorney
ASPHALTIC STREET REPAIR COMPROMISE
AND SETTLEMENT AGREEMENT
WHEREAS, the City Of Lubbock, d home rule municipality located in
Lubbock County, Texas (herein called "City") and Appian Corporation, a Texas
Corporation with its principal offices being located in Hereford, Deaf Smith
County, Texas (herein called "Appian") pursuant to the 1983 Maintenance
Repair Program Contract oC" entered into by and between City and Jake Dfel
Dirt Q Paving, Inc. (the predecessor of what is now known as Appian
Corporation being UO2 and the same corporate entity except for such change of
name from Jake Di8l Dirt & Paving, Inc. to Appian Corporation) entered into
an ancillary agreement whereby they compromised and settled certain matters
as more particularly set forth in such agreement with respect to the
reconstruction Of the paving improvements at 58th Street and Indiana Avenue
in the City of Lubbock, Lubbock County, Texas, said CO0pr00iS8 and settlement
agreement bearing date Of June 14, 1985, and,
WHEREAS, there was reserved in said agreement Of June 14, 1985 the
matter for future determination between the City and Appian as regard to
responsibility for pdVY0g reconstruction on the following Streets:
} Indiana Avenue at 52Od Street
2 West 1/2 of Indiana Avenue from 65th Place to 66th Street
3Indiana Avenue from 34th to 35th Street
4\ 2ISt Street from Indiana Avenue to Memphis Avenue
5 24th Street from Peoria Avenue East
(6) Memphis Avenue from 50th Street to 200 feet north of 50th Street
WHEREAS, City and Appian, without in any manner admitting in liability
in the premises by r8OSOD of the execution of this instrument, in
consideration of the promises and agreements hereinafter made by City and
4upidA to be kept and performed, and in Order to C0DprO0iSe and settle such
matters d0 hereby COOtrOCt and agree as follows:
City agrees to dCCeDt as its full responsibility the reconstruction and
paving repairs (at City's expense) on the following portions of streets:
/l Indiana Avenue at 62Dd Street
2West I/2 Of Indiana Avenue from 65th Place to 56th Street
/3\ 21St Street from Indiana AV8OUe to Memphis Avenue
City will cause to be torn out and removed the existing one and one half
inch hot mix paving /VD or at the top) and such paving replaced with a new
one and one half inch hot mix paving on Indiana Avenue from 34th to 35th
Street, and the estimated cost of this reconstruction and repair is
$13,409.60, which shall be withheld by the City from retOiDJge and/or n0DeyS
due Appian to accomplish such reconstruction.
III.
Appian will (at its expense) replace the one and one-half inch hot mix
paving at the following locations:
/l\ Approximately 533~3 SqUdr2 yards of paving which needs replacing
on 24th Street from Peoria Avenue east.
/2\ UD Memphis Avenue from 50th Street to approximately 200 feet north
of 50th Street. Appian agrees to complete such hot mix paving
replacement on Or before June 30, 1986.
IV.
The release of any funds due to Appian from the City shall be subject to
the right of the City to retain funds Under Article 5160, V.A°C°S°, for
claims Of persons, firms, Or corporations furnished labor and materials On
the paving work herein contemplated, and the right Of City to inspect,
approve, and accept any paving work done hereunder.
y,
Upon satisfactory completion, inspection, and acceptance by the City
Council Of the paving work done hereunder by Appian pursuant to Section III
hereof, City Shall pay to Appian the sum Of $74,080.36 as final payment due
Appian Under the original paving contract, the Compromise and Settlement
Agreement of June 14, 1985, and under this agreement. Said final payment Sum
of $74,680,30 is arrived at by adding the $52,440.78 retainage plus
$25,649.18 unpaid to Appian under Estimate No. 7 under the original paving
contract and subtracting therefrom the Sum of $13,409°50 to be withheld by
the City under Section I% hereof.
VI.
As d C0DtiOUiDg consideration from paragraph 60, page II-25 of said 1985
Maintenance Repair Program Contract oC^ referred to in the preamble hereof,
Appian agrees that as regards any work done and performed by Appian pursuant
to this agreement, Appian shall remedy any defects due thereto and pay for
any damage to other work resulting therefrom, which shall appear within O
period of one year from the date of substantial completion Of such work.
City Or the City/8 representative Shall give notice of observed defects with
r8aS0Ddbl8 promptness. It is the purpose hereof to continue the protection
afforded the City by said paragraph 60 to cover improvements done Or caused
to be done by Appian hereunder.
Executed in duplicate originals this 8th day of May, 1986, each executed
copy having the dignity of an original, in the City Of Lubbock, Lubbock
County, Texas, and performable in said City.
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Jim Bertram
Jim Bertram, Assistant City
Manager for Development Services
APPROVED AS TO FORM:
John C. Ross, Jr., City Attorney
CITY OF LUBBOCK
BYMcMinn
B. C. MCMINN, MAYOR
APPIAN CORPORATION
BY:/s/ Warner Lawson
WARNER LAW50N, PRESIDENT
APPROVED AS TO FORM:
Donaldi
DONALD L. DAVIS
ATTORNEY FOR APPIAN
CORPORATION
The City previously executed a Compromise and Settlement
Agreement (dated June 14, 1985) between the City of
Lubbock and Appian Corporation that relates to problems
with paving improvements constructed by Appian in 1983.
The matter involving the CVOCr8te intersection at 58th
Street and Indiana has be8O rS3UlYed^ However, the issue
included as Item 5-C /Ydri0Vs asphalt streets) of the
Agreement has not been Settled,
The Asphaltic Street Repair Compromise and Settlement
Agreement has been signed by Appian Corporation and
attempts to resolve the iSSUe5 included in Item 5-C Of
the agreement dated JUO8 14, 1985° The 0d'Or points
addressed by the new Agreement are as follows:
l. The City will repair, at our expense /$210,000
eSt^\» the following segments Of streets:
8, Indiana XveDU8 at 62Od Street will be
repaired by our maintenance crews.
b. West half Of Indiana Avenue from 65th
Place to 66th Street will be repaired
by our maintenance crews.
C. 21st Street from Indiana Avenue to
Memphis AV8DV8 will be reconstructed
with asphalt stabilized base Or
concrete and is included in the North
Quaker Avenue paving project.
2. Appian Corporation agrees to repair, at their
expense, the following sections of Street/
d. Indiana Avenue from 34th Street to
35th Street will be rebuilt with
asphalt stabilized base. It is
proposed that this reconstruction be
accomplished as d Change Order with
the contractor currently constructing
82nd Street from University Avenue to
Avenue U. The cost for the repair
227
b. 24th Street from Peoria Avenue east.
C. Memphis Avenue from 50th Street to
approximately 200 feet north of 50th
Street.
Upon satisfactory completion of the work, the City will
pay Appian an amount equal to the sum of the retainage
plus Final Estimate #7, minus the cost of repairing
the hot mix on Indiana Avenue from 34th Street to 35th
Street. Appian will be required to provide a one-year
guarantee on the repair work involved in Items II-B and
II-C. The necessary funds to pay for the City's costs
are available in the Street Improvement Fund (Fund 76).
This Agreement appears to represent the most equitable
solution that can be reached. Staff recommended
approval.
Motion was made by Councilman Carpenter, seconded by
Councilman Patterson authorizing Resolution # 2315 as
recommended by City Staff. Motion carried: 7 Yeas; 0
Nays.
86-45-227-345
(32.) Consider two appointments to the Permit and License
Appeal Board.
Motion was made by Mayor Pro Tem Baker, seconded by
Councilman Patterson reappointing Tomas Garza and T.C.
Ingram to the Permit and License Appeal Board. Motion
carried: 7 Yeas; 0 Nays.
86-45-227-346
(33.) Consider eight appointments to the` Community Development
Advisory Commission.
,-Motion was made by Councilwoman Baker, seconded by
Councilman Carpenter making the following appointments to
the Community Development Advisory Committee:
Chairman Cathy Morton
Sector 1 Vicki Moreno
Sector 2 Dan Knox
Sector 3 Russ Wilkinson
Sector 4 Mary Miller
Sector 5 Jim Douglass
Sector 6 Jeanne Knapp
Senior Evelyn Pope
Citizens
Disabled Larry Gardner
Persons
Motion carried: 7 Yeas; 0 Nays.
There being no further business to come before the Council, motion was made
by Councilman Nash, seconded by Councilwoman Trejo to adjourn the meeting at
1:10 P.M.
/w X_JXX1V1_
B. C. McMINN, AYOR
ATTEST:
Ranette Boyd, City Secretary
READ AND APPROVED THIS 22ND DAY OF MAY, 1986.
f C .0A
B. C. McKINN, MAYOR
ATTEST:
AFFIDAVIT
THE STATE OF TEXAS §
COUNTY OF §
`f make
I, as a member of
thi affidavit and hereby on oath state the following: I, d a person ar
related to me, have a substantial interest in a business entity that would be
peculiarly affected by a vote or decision of the
(cit council, commission of board)
as those terms are defined in Article 988b, V.T.C.S.
The business entity is „< �> _-- a 7
name—
addressWAi
(have' ) a substantial interest in this
"I or name o elative and relationship)
business entity for the following reasons: (check all which are applicable).
x-' Ownership of 10% or more of the voting or shares of the business
entity.
Ownership or $2,500 or more of the fair market value of the business
entity.
Funds received from the business entity excess 10% of
income for the previous year.. (my,her,his)
Real property is involved and have an equitable or legal
(Is
ownership with a fair market value of at least $2,50OU
a—' A relative of mine has a substantial interest in the business entity
or property that would be affected by a decision of the
public body of which I am a member.
Upon the filling of this affidavit with the._�f� , I affirm
(cit�rk or seer ary)
that I will abstain from voting on any decision involving this business entity
and from any further participation on this matter whatsoever.
Signed this day of
.E
Si pture of otticiai
! d /
Title
BEFORE ME, the undersigned authority, this day personally appeared
and on oath stated that the facts hereinabove stated are true to
the best of _ knowledge or belief.
(his/her
Sworn to and subscribed before me on this /mil day of 1 t 198e,
Not yPubl
ic in and for the
State of Texas
My commission expires: ��