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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: ��