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HomeMy WebLinkAboutMinutes - City Council - Regular - 9/11/1986406 REGULAR CITY COUNCIL MEETING MINUTES SEPTBM8ER II, 1986 The City Council of the City of Lubbock, Texas met in regular session on the Ilth day of September, 1986 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 9:00 a'm- Present: Mayor Pro Tem Joan Baker, Councilman T. J. Patterson, Councilman Gary Phillips, Councilwoman Maggie Tre'V, Councilman Bob Nash" Councilman George Carpenter, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr., and City Secretary Ranette Boyd. Absent: Mayor B. C. McMinn Mayor Pro Te0 Baker called the meeting to order at 9:00 a.m. 86-45A-406-617 ( l'\ The Invocation was given by Jim Bertram, Assistant City Manager for Development Services. 86-45A-406-6I8 / 2'\ The Pledge of Allegiance was given in unison by those in the Council Chambers. 86-45A-408-6I9 ( 3'\ Motion was made by Councilman Patterson, seconded by Councilman Carpenter to approve the Minutes of the August 28, I986 Regular City Council meeting as written. Motion carried: 6 Yeas; 0 Nays 86-45A-406-520 ( 4.) Citizen Appearances Board Appointments 85-45A-406-02I 5.) Jack Strong, Chairman of the Charter Study Committee, will appear to present Committee recommendations. Jack Strong, Chairman of the Charter Study Committee, presented Committee recommendations to Council regarding propositions to be presented to the voters in a future election' Mr. 3tPuDg stated that the entire Committee gave its unanimous approval to each of the recommendations' Mr' Strong went on to say that the Committee would promote passage of the recommended changes if Council wanted them to do so' Council indicated their intent to study the recommendations and work through them in future Council meetings. Motion was made by Councilman Patterson, seconded by Councilman Carpenter to accept recommendations presented by the Charter Study Committee. Motion carried: 6 Yeas; 0 Nays. 85-45A-406-622 ( O') A representative of the Lubbock Industrial Development Corporation will ' Community D8V. ap ear to request approval of Resolution #2421 to issue Lubbock Industy Funding Agree. Development Corporation bonds. in Files RESOLUTION #2421 RESOLUTION APPROVING BONDS AND APPROVING A RESOLUTION BY LUBBOCK INDUSTRIAL DEVELOPMENT CORPORATION PROVIDING FOR THE ISSUANCE OF $5,000,000 LUBBOCK INDUSTRIAL DEVELOPMENT CORPORATION FLEXIBLE RATE DEMAND INDUSTRIAL REVENUE BONDS (MoL8NE COMPANY, INC. PROJECT) SERIES 1985 WHEREAS, Lubbock Industrial Development Corporation (the "Issuer") was created by the City of Lubbock, Texas (the "Unit"), pursuant to the provisions of the Development Corporation Act of 1979, Article 5190'6, Vernon's Texas Civil Statutes, as amended (the , "Act") ' , WHEREAS, pursuant to section 103(k) of the Internal Revenue Code of 1954, as amended (the "Code"), the Issuer has conducted a public hearing, following reasonable public notice, with respect to the captioned bonds (the "Bonds") and the project to be financed with the proceeds thereof and has submitted to the Unit certified minute entries containing the proceedings from such hearing which proceedings are attached hereto as Exhibit A: WHEREAS, in order to satisfy the requirements of section 103(k) of the Coda, it is necessary for the Unit to approve the Bonds after such public hearing has been held; WHEREAS, Section 25(f) of the Act requires that the Governing Body of the Unit approve the resolution of the Issuer providing for the issuance of the Bonds no more than sixty (60) days prior to the delivery of the Bonds; and WHEREAS, it is deemed necessary and advisable that this Resolution be adopted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS, THAT: ' SECTION 1. The Resolution Authorizing $5,000,000 Lubbock Industrial Development Corporation Flexible Rate Demand Industrial Revenue Bonds (McLane Company, Inc' Project) Series 1988; A Loan Agreement; An Indenture of Trust; and Other Documents Required in Connection Therewith, adopted by the Issuer on September 4, I986 (the "Issuer Resolution"), a copy of which is attached hereto as Exhibit 8 and made a part hereof for all purposes, is hereby specifically approved. SECTION 2. The Bonds, which are to be issued: A. In the maximum aggregate face amount of $5,000,000, and B. To finance the acquisition, construction, improvement, and expansion, as the case may be, of approximately 32.4 acres of land located at I80I East Loop 289 (East Loop 289 and East I9th Street), a building including 78,000 square feet of warehouse space and 12,300 square feet of office apace to be used as a regional distribution canter to store dry grocery and cooler/freezer items for distribution to restaurants, schools and other institutional fuodaervice operations (the "Project"), which will be initially owned, operated, and managed by the User doing business through its wholly -owned subsidiary, McLane/Foodoerxice - Lubbock, Inc. are hereby approved pursuant to section I03/k\ of the Code. SECTION 3. The approvals herein given are in accordance with the provisions of Section 25(f) of the Act and section I03(k) of the Code, and are not to be construed as any undertaking by the Unit, and the Bonds shall never constitute an indebtedness or pledge of the Unit, or the State of Texas (the "State"), within the meaning of any constitutional or statutory provision, and the owners of the Bonds shall never be paid in whole or in part out of any funds raised or to be raised by taxation or any other revenues of the Issuer, the Unit, or the State, except those revenues assigned and pledged by the Issuer Resolution. SECTION ' The programs and expenditures authorized and contemplated by the Issuer Resolution are hereby in all respects approved. SECTION 5. The Mayor and the City Secretary of the Unit and the other officers of the Unit are hereby authorized, jointly and severally, to execute and deliver such endorsements, instruments, certificates, documents, or papers necessary and advisable to carry out the intent and purposes of this Resolution. PASSED AND APPROVED this September 11, 1986. /s/ Joan Baker JOAN BAKER, MAYOR PRO TEM ATTEST: Ranette Boyd, City Secretary George Miller presented request of the Lubbock Industrial Development Corporation that Council pass a Resolution authorizing issuance of LIDC Bonds. This bond issue will be to McLane Foodservice, Inc. for $5,000,000. At the June 9 City Council meeting, the Council approved the application of McLane to receive these bonds. The Lubbock Industrial Development Corporation had earlier completed a questionnaire (required by policy of the City Council) which was reviewed by the Council at the June 9 meeting- Mr, Wemtergard (Fulbright & JawopSki) presented the necessary legal instruments. Motion was made by Councilman Nash, seconded by Councilman Carpenter to authorize Resolution #242I. Motion carried: 6 Yeas; D Nays. / 7'1 Consider a revised parking request from Lubbock Central Appraisal District. Bill Cox, representing the Lubbock Central Appraisal District, presented an altered request regarding parking in front of the Tax Appraisal District Office' Their original request was for 901 parking which Council had September 11, 986 M 86-45A-408-624 ( 8.) 86-45A-408-625 ( 9•) previously approved with the stipulation that the Tax Appraisal District provide the City with a Hold Harmless Letter before issuance of a Building Permit. This request was for 601 parking. City Staff agreed that the angle parking is safer and provides better visibility in the backing movements than the 901 parking. Traffic Engineering Staff preferred not to have backing movements into moving traffic; however, if it is to be allowed on a relatively busy street, they would prefer 451 angle parking. Staff indicated that, given the alternative of 901 angle parking or 601 angle parking, Staff would recommend the 601 parking. Motion was made by Councilman Carpenter, seconded by Councilman Phillips to approve request of the Lubbock Center Appraisal District for 601 parking as requested by the Tax Appraisal District. Motion carried: 6 Yeas; 0 Nays. Paula Montoya, representative of COMA, an of Sister Cities Delegation, will present the City of Leon, Guanajuato, Mexico. uncil certain documents from Paula Montoya addressed the Council on behalf of those people who visited Leon under the Sister City Program. Ms. Montoya and Mayor Pro Tem Baker made several presentations from the City of Leon to the City of Lubbock. ORDINANCE #8958--Annexing an eight -acre tract adjacent to East 19th Street and Olive Avenue. ORDINANCE #8958 AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF LUBBOCK, TEXAS, WHICH AREA IS DESCRIBED HEREIN AND IS ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF LUBBOCK, TEXAS; PROVIDING FOR INCLUSION OF A SERVICE PLAN; PROVIDING FOR CORRECTION OF THE CITY MAP TO INCLUDE THIS ADDITIONAL TERRITORY; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Nash, seconded by Councilman Patterson to pass on second and final reading Ordinance #8958 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 86-45A-408-626 (10.) ORDINANCE #8960--Establishing a speed limit of 30 mph on 15th Street between Avenue Q and University Avenue. ORDINANCE #8960 �•� MWAREIM0•.s AN ORDINANCE CANCELLING THE 35 MPH SPEED ZONE ON BOTH SIDES OF 15TH STREET FROM AVENUE Q TO UNIVERSITY AVENUE AND REPLACING SAME WITH A PRIMA FACIE SPEED LIMIT FOR AN URBAN DISTRICT; PRESCRIBING A PENALTY; PROVIDING FOR REPEAL IN CASE OF CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF OTHER SPEED ZONE ORDINANCES; AUTHORIZING PLACEMENT OF SIGNS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION HEREOF AS PROVIDED BY LAW. Motion was made by Councilman Nash, seconded by Councilman Patterson to pass on second and final reading Ordinance #8960 as recommended by'Staff. Motion carried: 6 Yeas; 0 Nays. 86-45A-408-627 (11.) ORDINANCE #8961--Granting franchise for telephone service. ORDINANCE #8961 03 :•. AN ORDINANCE GRANTING TO NTS COMMUNICATIONS, INC. THE RIGHT, PRIVILEGE AND FRANCHISE TO CONDUCT WITHIN THE CITY OF LUBBOCK, TEXAS, A TELEPHONE COMMUNICATIONS BUSINESS AND TO ENTER UPON, ERECT, CONSTRUCT, MAINTAIN, EXTEND, REPAIR, REPLACE AND REMOVE IN, UNDER, UPON, WITHIN, OVER, ABOVE, ACROSS AND ALONG ANY AND ALL OF THE PRESENT AND FUTURE PUBLIC ROADS, HIGHWAYS, STREETS, LANES AND ALLEYS OF THE CITY OF LUBBOCK, A SYSTEM OF POLES, ANCHORS, CABLES, WIRES, MANHOLES, CONDUITS, AND OTHER PLANT CONSTRUCTION AND APPURTENANCES NECESSARY OR PROPER FOR THE BUSINESS OF FURNISHING TELEPHONE SERVICES INTO, IN, WITHIN, FROM, ACROSS, AND THROUGH THE CITY OF LUBBOCK, AS NOW EXISTING, OR AS SAID CITY LIMITS MAY HEREAFTER BE EXTENDED, AND GRANTING NTS COMMUNICATIONS, INC., ITS SUCCESSORS AND ASSIGNS, THE AUTHORITY TO USE SUCH FOR THE PURPOSE OF FURNISHING TELEPHONE SERVICES TO THE INHABITANTS OF THE CITY, OR ANY OTHER PERSON OR PERSONS, FIRMS OR CORPORATIONS WITHIN THE CITY; PROVIDING THAT THIS FRANCHISE SHALL BE EFFECTIVE FOR A PERIOD OF TWENTY (20) YEARS COMMENCING UPON AND 409 September 11, 1986 EXTENDING FROM THE EFFECTIVE DATE OF THIS ORDINANCE AFTER FINAL PASSAGE HEREOF; PROVIDING FOR THE TEMPORARY REMOVAL, RAISING OR LOWERING BY COMPANY OF ITS WIRES AND OTHER APPURTENANCES; PROVIDING FOR THE RIGHT TO, AND CONDITION OF, THE OPENING OF PAVEMENTS AND SIDEWALKS BY COMPANY; RETAINING ALL RIGHTS OF CITY TO REGULATE THE LOCATION OF COMPANY'S FACILITIES IN, UPON, ALONG, UNDER AND OVER THE STREETS, ALLEYS AND OTHER PUBLIC PLACES OF CITY, AS WELL AS TO REQUIRE THE RELOCATION OF SAME; PROVIDING FOR EFFICIENT TELEPHONE SERVICE AND THE MAINTAINING OF COMPANY'S FACILITIES; PROVIDING FOR THE USE BY CITY FOR THE PURPOSES SPECIFIED OF POLES AND CONDUITS OF COMPANY; PROVIDING COMPENSATION, AND METHOD OF PAYMENT OF SUCH, TO THE CITY FOR THE USE BY COMPANY OF THE STREETS, ALLEYS AND PUBLIC WAYS OF THE CITY; PROVIDING FOR THE MAINTAINING OF RECORDS BY COMPANY WITH RIGHT OF INSPECTION BY CITY RESERVING TO CITY ALL POWERS OF REGULATION; PROHIBITING ASSIGNMENT EXCEPT BY CONSENT BY CITY EXCEPT IN CERTAIN CASES; GIVING CITY'S CONSENT TO THE CUTTING AND TRIMMING BY COMPANY OF CONFLICTING TREES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT THIS FRANCHISE SHALL NOT BE EXCLUSIVE; MAKING MISCELLANEOUS PROVISIONS RELATIVE TO THIS GRANT OF FRANCHISE; PROVIDING FOR THE PUBLICATION OF THIS FRANCHISE ORDINANCE AND ITS ACCEPTANCE BY COMPANY. Motion was made by Councilman Nash, seconded by Councilman Patterson to pass on second and final reading Ordinance #8961 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 86-45A-409-628 (12.) ORDINANCE #8962--Extending authority of Permit and License Appeal Board. ORDINANCE #8962 AN ORDINANCE AMENDING SECTION 2-167 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE POWERS OF THE PERMIT AND LICENSE APPEAL BOARD; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Nash, seconded by Councilman Patterson to pass on second and final reading Ordinance #8962 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 86-45A-409-629 (13.) ORDINANCE #8963--Zone Case #1061-F (southwest corner of W. 4th and Loop 289)--Zoning change from C-3 to C-4 on Tract 1-C, Treasure Island Addition. ORDINANCE #8963 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1061-F; A ZONING CHANGE FROM C-3 TO C-4 ZONING, LIMITED TO CERTAIN USES, ON TRACT 1-C, TREASURE ISLAND ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Nash, seconded by Councilman Patterson to pass on second and final reading Ordinance #8963 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 86-45A-409-630 (14.) ORDINANCE #8964--Zone Case #2406-B (southwest corner of 19th and Milwaukee) --Zoning chance from C-4 Specific Use to C-3 on Tracts A-1 ORDINANCE #8964 ORDINANCE NO. 8964 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2406-B; A ZONING CHANGE FROM C-4 SPECIFIC USE TO C-3 ZONING ON TRACTS A-1, A-2, A-3, A-4, AND A-5, MILWAUKEE PLACE ADDITION, LUBBOCK TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Nash, seconded by Councilman Patterson to pass on second and final reading Ordinance #8964 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 86-45A-409-631 (15.) ORDINANCE #8966--Zone Case #2575 (2221 Avenue W)--Zoning change from R-2 to A-2 limited to church uses on Lots 9-16, Block 58, McCrummens 2nd Addition. September 11, 1986 410 ORDINANCE #8966 [il 0ILI/1ki[#] ►[�>�z AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2575; A ZONING CHANGE FORM R-2 TO A-2 ZONING, LIMITED TO CHURCH USES, ON LOTS 9-16, BLOCK 58, McCRUMMENS SECOND ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Nash, seconded by Councilman Patterson to pass on second and final reading Ordinance #8966 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. • E, N I., Z rlm-IVA • (16.) ORDINANCE #8965--Zone Case #2574 (50th and Gary)-- Zoning change from C-3 with conditions to C-3 deleting all prior zone case conditions on Tract A, Monterey Center Addition. This item was held at request of proponent. 86-45A-410-633 (17.) Consider Resolution #2422 authorizing the Mayor to execute a Funding Agreement and Warranty Deed with Lutheran Social Service of Texas, Inc. RESOLUTION #2422 RFgOl IITTON 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 Funding Agreement and Warranty Deed by and between the City of Lubbock and Lutheran Social Services of Texas, Inc. for funding and ownership of the Neighborhood House, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 11th day of September, 1986. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Sandy Ogletree Sandy Ogletree, Community Development Administrator /s/ Michele Hart Michele Hart, Assistant City Attorney The City of Lubbock owns five facilities which were acquired and/or renovated with Community Development Block Grant Funds but which are presently operated by non-profit agencies. The current Community Development guidelines do not require the City to own assisted facilities and they allow for the City to dispose of these facilities. In light of the ongoing questions concerning the responsibili- ties of the operating agencies on items such as maintenance and repair, insurance and improvements, it was recommended that ownership of the facilities be transferred to the current operating agencies. The Funding Agreement stipulates that the agency must continue to operate and maintain the Neighborhood House as it is currently for a five- year period. If the agency vacates the structure before the end of five years, the agency shall pay the fair market value of the structure. This clause assists in the City's compliance with the CDBG regulations and the State 411 September ]l, 1986 85-45A-41I-634 (18.) Statute by insuring adequate consideration is received by the City in the form of services. A Warranty Deed will be provided to Lutheran Social Services at their request. Their request was reviewed and the determination was made that the Warranty Deed was appropriate because in 1978 the Lutheran Social Services had provided a Warranty Deed to the City for the property prior to the construction of the Center' The Agreement was considered and approved by the Board of Directors of Lutheran Social Service, and Staff recommended approval. Motion was made by Councilman Patterson, seconded by Councilwoman Tr 'o to authorize Resolution #2422 as recommended by Staff. Motion carried: G Yeas: O Nays~ Consider Resolution , Clinic of Lubbock. Community Development Funding Agreement in Files RESOLUTION #2423 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 a Funding Agreement and Quitclaim Deed by and between the City of Lubbock and the Well Baby Clinic of Lubbock for funding and ownership of the Well 8a6« Clinic, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully Copied herein in detail' Passed by the City Council this 11th day of September, 1986. MAYOR B.C. McMINN, ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Sandy Ogletree Sandy Ogletree, Community Development Administrator APPROVED AS TO FORM: /s/ Michele Hart Michele Hart, Assistant City Attorney This will dispose of the last facility which was acquired and/or renovated with Community Development Block Grant Funds, and is currently owned by the The Funding Agreement stipulates that the agency must continue to operate and maintain the Well Baby Clinic as it is currently for a five-year period. If the agency vacates the structure before the end of five years, the agency shall pay the fair market value of the structure or convey the structure back to the City. This clause assists in the Citv's compliance with the CD8G regulations and the State Statute by insuring adequate consideration is received by the City in the form of services. The Quit Claim Deed transfers all rights, title and interest in the property known as the Well Baby Clinic to the Well Baby Clinic of Lubbock. This property is located at 102 Avenue J. The Agreement was considered and approved by the Board of Directors of the Well Baby Clinic of Lubbock and Staff recommended approval' Motion was made by Councilman Patterson, seconded by Councilwoman Tr 'o to authorize Resolution #2423 as recommended by Staff. Motion carried: G Yeas; 0 Nays. 88-45A-41I-635 (19') Consider price and condition of sale of Parcel #15760-13-20 in the Coronado September 11, 1986 412 Motion was made by Councilman Patterson, seconded by Councilman Carpenter accepting price of $900 on sale of Parcel #15760-13-20, with the condition that it be developed as single-family residence. Motion carried: 6 Yeas; 0 Nays. 86-45A-412-636 (20.) Consider Ordinance #8967 establishing a speed limit of 35 mph on Avenue H from 19th Street to 34th Street, and on Texas Avenue from 19th Street to its connection with Avenue H just north of 30th Street. ORDINANCE #8967 1#I4 skir1If*=I[�1�:1~7:lrl AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN PORTIONS OF AVENUE H AND TEXAS AVENUE, AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. A recent speed study on Avenue H and Texas Avenue showed the 85th percentile speeds to be between 35 and 40 mph. Therefore, it was recommended that a consistent speed limit of 35 mph be established for this area. Currently, a portion of the area is posted 30 mph and the remainder is posted 35 mph. Staff recommended approval of the speed change. Motion was made by Councilman Nash, seconded by Councilman Patterson to pass on first reading Ordinance #8967 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 86-45A-412-637 (21.) Consider Ordinance #8968 establishing a speed limit of 45 mph on 50th Street, from Avenue A to Southeast Drive. ORDINANCE #8968 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN PORTIONS OF EAST 50TH STREET, AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. A recent speed study showed that the 85th percentile speed in this area is 45 mph. Therefore, it was recommended that a speed limit of 45 mph be established for this area. The current speed limit is 40 mph. Staff recommend approval of this speed change. Motion was made by Councilman Nash, seconded by Councilman Carpenter to pass on first reading Ordinance #8968 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 86-45A-412-638 (22.) Consider Resolution #2424 authorizing the Mayor to increase cost of 10-ride and 20-ride Citibus Econocards. RESOLUTION #2424 RFg01 11TTON WHEREAS, the City Council has considered the recommendations of the Lubbock Public Transit Advisory Board, and deems it advisable to set bus fare rates in the City of Lubbock as hereinafter set forth; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the following rates for bus fares in the City of Lubbock shall apply from and after October 1, 1986: (A) Regular fare: 75� (B) Elderly and handicapped: 35� or such other rates as adjusted to comply with United States Government regulations. 413 September Il, 1980' � /C\ Discount f�r��� 1O-ride EConocards~ ~�6' 5O and `' n ' 20-yide EconOcards: ,l3.�O. Student EC0DuCGyds for 20 ~ rides: ��' OU Passed by the City Council this 11th day of September, 1986. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hoffman Larry Hoffman,, Director of Transportation APPROVED AS TO FORM: J. Worth Fullingim, Assistant City Attorney 85-45A-4I3-639 (228') Lease Agreement with Texas Tech in Files On August 26, I986, the Lubbock Public Transit Advisory Board recommended an increase in rates for the EcVnoCards and recommended that the change be effective October I, 1886- It was estimated that the increase will increase CitibVo' revenues by a minimum of t3,500- This increase would reduce both the Federal and City amounts of operating assistance by $I,750 each. The remaining fare categories would remain as previously established. Staff recommended approval of the Board's recommendation. Motion was made by Councilman Nash, seconded by Councilman Carpenter to authorize Resolution #2424 as recommended by Staff' Motion carried: 6 Yeas; O Nays. Consider Resolution #2425 authorizing the Mayor to sign a 1 with Texas Tech University for the Lubbock Lake Site. RESOLUTION #2425 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 Lease Agreement between the City of Lubbock and Texas Tech University concerning Lubbock Lakesite in the City of Lubbock, Lubbock County, Texas, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail' Passed by the City Council this 11th day of September, 1986. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Rita P. Harmon Rita P. Harmon, Assistant City Manager for Public Safety and Services John C. Ross, Jr., City Attorney t September 11., 1.986 41.4 LEASE AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK This Agreement made by and between the City of Lubbock, a Home Rule Municipality of Lubbock, County, Texas, herein called "Lessor," and Texas Tech University, acting by and through its Board of Regents, herein called "Lessee;" WITNESSETH: WHEREAS, the Lessor Owns property known as the Lubbock Lake State and National Historic Landmark; and WHEREAS, a portion of the Historic Landmark, herein called the Lubbock Lakesite, as defined in Attachment A and enclosed by fencing, is of historical significance; and WHEREAS, Texas Tech University has the interest and expertise to provide valuable archaeological and educational activities at the Lubbock Lake Site; and WHEREAS, the City Council of the City of Lubbock declares the maintenance and operation of the Lubbock Lake Site by Texas Tech University to be a public purpose. NOW THEREFORE, Lessor, acting by and through its Mayor, who is duly authorized, does hereby lease unto Texas Tech University the land here known as the Lubbock Lake Site and described in Attachment A. Such lease is granted upon the terms and conditions to follow. II. 1. The term of this Lease shall be for a period of forty-nine (49) years from the date of execution of this Agreement, unless terminated earlier according to the provisions contained herein. Termination of this lease shall be effective 5 years from receipt of written notice from either party, unless cancellation is due to inadequate State funding. Termination or cancellation by mutual consent shall be effective 30 days from receipt of written notice from either party. This Lease will automatically extend for 49 years beyond the primary term unless terminated earlier. 2. In consideration of the execution of this Lease, the Lessee agrees to pay to Lessor the sum of ONE HUNDRED TWENTY-SIX THOUSAND NINE HUNDRED SEVENTY-SEVEN AND 40/100 DOLLARS ($126,977.40) per year for the term of this Lease Agreement less the value of contributions by the Lessee as described in Attachment B hereto and other valuable considerations to -wit: operating and maintaining the Lubbock Lake Site as an archaeological dig for historic preservation purposes, maintenance and security of the fence and fenced area, water table management, programming and public tours explaining the historic value of the site and depositing archaeological findings in The Museum, Texas Tech University for curation, research and public display. Any modification of Exhibit B shall be agreed upon by both parties prior to any change or modification in said Exhibit B. 3. Lessee hereby agrees that when Lessee takes actual possession of the leased premises it will take full responsibility for said premises and shall, insofar as the laws and Constitution of the State of Texas permits, indemnify and hold Lessor harmless from any and all claims, losses, cost or expenses arising out of injuries to persons whether or not employed by Lessee, damage to property whether resulting from acts or omissions, negligence or otherwise of the Lessee or any of its agents, employees, patrons or other persons, and growing out of the use of the said premises by Lessee. 4. The Lessee shall, at its own cost and expense, take good care of said property, keeping and maintaining it in good repair during the term of this Lease, and making all necessary repairs. The Lessee shall make no improvements in or to the leased premises without notification to the Lessor in writing. At the termination of this Lease, Lessee shall deliver to Lessor the leased premises in as good condition as at the beginning of the Lease, natural deterioration, depreciation and damage by fire and the elements only excepted. 5. Lessee hereby covenants and agrees to conduct its activities and operations upon the leased premises in accordance with all applicable federal, state, and local laws, rules, regulations, and ordinances, particularly including maintaining artifacts in accordance with guidelines of the Texas State Antiquities Committee; in addition, Lessor shall, within the guidelines of the Texas State Antiquities Committee, designate the Lessee as the primary depository of artifacts, however, in the event this Lease is terminated, then the Lessor shall have the right to change the designation of the primary depository of artifacts. 6. The Lessee shall not assign or sublet the premises or any part thereof without the consent of the Lessor in writing or permit any other person or organization to occupy the premises other than the Lessee and those persons directly associated with the Lessee as part of the research and educational party. 7. The Lessor shall not be liable to the Lessee or to the Lessee's employees, patrons or visitors for any damage by reason of the construction of said site and the Lessee accepts such premises as suitable for the purposes for which the same are leased and agrees to hold the Lessor harmless, insofar as such is allowed by the laws and Constitution of the State of Texas, from all claims for any damage to any person or property in or upon said property. 415 September lT, 1986 8- Any notice or notices required or permitted to be given pursuant to this Lease may be personally served 0� the other Party by the Party giving such notice, or may be served by certified mail, return receipt requested, to the Parks and Recreation Director, City of Lubbock, P. U. Box 2000, Lubbock, Texas 79457, or Director of The Museum, Texas Tech University, P. O' Box 4499, Lubbock, Texas 79408' 9. All costs incurred in the operation of said site are the sole responsibility of the Lessee as of the acceptance of this Agreement. lO' A management plan for the operation of the Lubbock Lakesi1m will be mutually agreed upon by and between Lessee and Lessor and shall be a condition subsequent to the execution of hiy agreement. Such management plan shall be completed within 120 days from the data of the execution of this Lease Agreement. lI' The parties hereto agree to cooperate with each other and to engage in consultations concerning any additional restrictions to the land designated as the Lubbock Lake Site and National Historic Landmark and likewise agree to cooperate and consult with each other concerning any enlargement of such designated area, prior to such activities by either party recognizing that any such activities by either part could effect the land described 1Exhibit A which is the subject matter of this Lease Agreement. 12. Lessor reserves the right of access to the property, with notice, for inspection, observation, or any other purpose that is in accordance with applicable federal, state and local law; however" such right of access will not interfere with the operation of the lease premiaes- l3' Lessee is allowed to make any capital improvements required to facilitate research and educational use of the site; however, all capital improvements must be approved by Lessor. Maintenance of all capital improvements is the exclusive responsibility of the Lessee for the life of this Lease. 14. This Lease Agreement is contingent upon Lessee obtaining a sufficient line item appropriation from theLegislatureof the State of Texas to satisfy Lessee's obligation hereunder, or receives adequate funds from other sources, including but not limited to those expenses enumerated in Exhibit xBu hereto. 15. In the event this Lease Agreement is for any reason declared invalid or set aside by the Courts of this State, then in such event this Agreement shall nevertheless be binding between parties hereto as a management agreement wherein Lessee is to manage the property herein described in accordance with the terms herein set forth on behalf of Lessor and for the benefit of the public' Executed in duplicate this IIth day of September, I986' THE CITY OF LUBBOCK ATTEST: Ranette Boyd City Secretary APPROVED AS TO CONTENT: /s/ Rita P. Harmon Rita P. Harmon, Assistant City Manager for Public Safety and Services APPROVED AS TO FORM: John C. Ross, Jr., City Attorney TEXAS TECH UNIVERSITY /s/ John E. Birdwell John E. Birdwell, Chairman of the Board of Regents Cavazos, Dr. Lauro President ATTEST: REVIEWED: Pat Campbell General Counsel For several years, Texas Tech UD\Ve7Sit« has conducted archaeological and educational activities at the Lubbock Lake Site which is owned by the City of Lubbock. Tech expressed interest in obtaining from the City of Lubbock a long-term Lease Agreement for the operation and maintenance of this site in order to develop it. A Lease Agreement has been negotiated with Tech that includes the following terms: l' The term of the Lease would be for 49 years with termination effective five years from the receipt of a written notice from either party, or within 30 days from receipt of written notice if mutually agreed upon by both partigs- 2' In consideration for the Lease, Tech agreed to pay the City of Lubbock $126,977'40 per year less the Value of contributions by Tech which would include operation and maintenance of the Lake Site, maintenance and security of the fence and fence area, water table management, programming and public tours, and depositing archaeological findings at the museum. The September l}w 1986 416 86-45K-4I6-640 (23.) 86-45A-416-64I (24') Contract in Files considerations provided by Tech would offset the leased cost assessed to Tech, and as a result the City would not actually receive any cash. 3' Tech would assume full responsibility for the premise and would indemnify and hold the City harmless from any claims, losses, or expenses arising out of personal injuries or damage to the property. 4' Tech would pay for all costs incurred in the operation of the site and agreed to take good care of the property, keeping it and maintaining it in good repair during the duration of the lease. The Lease Agreement is contingent upon Tech obtaining sufficient funds from the legislature or other sources such as grants and foundations. Tech was concerned about their ability to provide the services outlined in the Lease Agreement unless they did receive appropriations from the State, grants, or funds. The Lease Agreement was reviewed by Staff, the City Attorney/s office and Texas Tech and it was recommended that it be approved by the City Council. Motion was made by Councilman Nash, seconded by Councilwoman Tr 'o authorizing Resolution #2425 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. Consider votino for TML Insurance Fund trustees. Each year, four members of the TML Workers Compensation Joint Insurance Fund and the TML Joint Self Insurance Fund for liability and property insurance coverages are elected. Staff recommended that Council cast its votes for Andres Garza, Jr., Georgia Langston, Ed Wagoner and Rutha Waters as listed on the ballot' Motion was made by Councilman Nash, seconded by Councilman Carpenter to re- elect trustees to the TML Insurance Fund as recommended by Staff. Motion carried: 8 Yeas; O Nays. ConsiderInternational Management Services fo Feasibility Study. RESOLUTION #2426 ncvn||rrrom the Mayor to execute a Contra a Foreign Trade Zone Economic BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract with International Management Services for a Foreign Trade Zone Feasibility Study, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as fully copied herein in detail' Passed by the City Council this 11th day of September, 1986. ATTEST: Ranette Boyd, City Secretary /s/ Ted Barron Ted Barron, Assistant to the City Manager APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney The City Council authorized the City Staff to apply for an Economic Development Administration Grant to fund a portion of the cost of an Foreign Trade Zone Economic Feasibility Study. The Economic Development 417 September 11, 1986 Administration will fund 75% of the cost for this Study and tha local matc will be the remaining 25%. The Grant amount requested from the Economic Development Administration was for $25,000 and the Board of City Development, at their meeting on June 30, agreed to fund the local match which would not exceed $8,334' The City of Lubbock learned in early August that the Economic Development Administration approved Lubbock's application for this Grant- The term of the Grant is for four months from September I" 1985 and the Economic Feasibility Study is required to be completed within 90 days from that dateIn addition -ddit�n to these requirements, the City of Lubbock is obligated to submit �-Certification of Adequacy of our accounting system by Octob er 1, financial reports due on December I, and requested 20 copies of the final report which is due on February l, 1987' The Economic Development Administration does not fund the actual data collection; however, they asked Staff to draft the Contract so that it ensures that the consultants are paid for the other areas of their project and to exclude the collection of data in their billing, The City sent Requests for Proposals to 15 potential consultants and received five proposals as follow: Heflan & Heflan - Kirkland, Washington Johnson Group - Houston Texas LWFW Incorporated Group - Dallas, Texas Sandler and Travis - Miami, Florida International Management Services - Houston, Texas The firms were rated based on their ability to perform the study, pricing of the study, methodology and timetable. All of the Requests for Proposals - were over -e amount of money that was originally allocated to this project Management 3�rV���� except for International��g�m�� - The International Management Services presented a proposal for $25,000 for the Economic Feasibility Study. This would mean that the local match would be «6,250 and the EDA -` Grant amount would� , b �I8, 75U' The representatives of International Services ervicesare aware of the 90-day deadline from September l and also of the other Economic Development Administration requirements and these do not pose a problem for them. Motion was made by Councilwoman Tr'o, seconded by Councilman Patterson to authorize Resolution #2428 as recommended by Staff' Motion carried: O Yeas; D Nays. 86-45A-417-642 (25,) BID #9029--Perimeter Fence, and authorize same (Water Utilities Operation)._ Contract in Files RESOLUTION #2427 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 a Contract with Cyclone Fence, a Division of U. S. Steel Corporation, for construction of a perimeter fence, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this t f this Resolution a� fully copied herein in detail Council shall constitute and be a part o s n ' Passed by the City Council this 11th day of September, 1986. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Gene Eads, Purchasing Manager APPROVED AS TO FORM: Willard,/s/ Harold Willard Harold Assistant City Attorney September 1.1., 1.986 41.8 Cyclone Fence, Arlington --Perimeter fencing. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize Resolution #2427 as recommended by Staff. 6 Yeas; 0 Nays. 86-45A-417-643 (26.) BID #9087--Guadalupe Neighborhood Center, and authorize same (Parks and Contract in Files Recreation Department). RESOLUTION #2428 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 a Contract with High Plains Construction Company for renovation of Guadalupe Neighborhood Center, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as fully copied herein in detail. Passed by the City Council this 11th day of September, 1986. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Gene Eads Gene Eads, Purchasing Manager /s/ Harold Willard Harold Willard, Assistant City Attorney High Plains Construction Co. --Guadalupe Neighborhood Center renovation. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize Resolution #2428 as recommended by Staff. 6 Yeas; 0 Nays. 86-45A-417-644 (27.) BID #9100--Transmission poles (Warehouse stock). Crown Zellerback Corp., Gulfport, Mississippi--10-85' Class 1 distribution poles; 17-75' Class 1 distribution poles; 34-70' Class 1 distribution poles; 9-65' Class 1 distribution poles; 7-60' Class 1 distribution poles; 30-55' Class 2 distribution poles; 40-45' Class 3 distribution poles; 20- 35' Class 4 distribution poles. J. H. Baxter & Co., Algonquin, Illinois--2-90' H5 transmission poles; 7- 100' H6 transmission poles; 25-90' H6 transmission poles; 8-85' H4 transmission poles; 5-85' H5 transmission poles; 3-85' H6 transmission poles; 7-80' H4 transmission poles; 30-75' H4 transmission poles; 2-70' H4 transmission poles; 3-70' HI transmission poles; 2-95' H6 transmission poles; 1-90' Class 1 distribution poles; 4-60' H2 transmission poles. Motion was made by Councilman Carpenter, seconded by Councilman Patterson authorizing low bid meeting specification. Motion carried: 6 Yeas; 0 Nays. 86-45A-417-645 (28.) BID #9105--Mahon Library carpet replacement, and authorize same (Library). Contract in Files RESOLUTION #2429 RESOLUTION THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract between the City of Lubbock and Jack Harvey & Company, for carpet replacement at Mahon Library in the City of Lubbock, Lubbock County, Texas, attached herewith which shall be spread upon the minutes of the AFFIDAVIT THE STATE OF,TEXAS § COUNTY OF,,� § as a member of the.�_J make thi affidavit and hereby on oath state the following: I, an, a person - related to me, have a substantial interest in a business entity that would be peculiarly affected by a vote or decision of the,�.�; �?�� (city council, com 'ssion of board) as those terms are defined in Article 988b, V.T.C.S. The business entity is� (name) address ( have a substanti al i nterest i n th i s "I" orl name of relative and relationship) business entity for the following reasons: (check all which are applicable). �-- 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 (I,he,she) ownership with a fair market value of .at least $2,5000. ��-'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 I affirm (city clerk or s etary) 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 198/, Si ature of official Titl BEFORE ME, the undersigned authority, this day personally appeared 6a" and on oath stated that the facts hereinabove stated a e true to the best of knowledge or belief. (his/her) Sworn to and subscribed before me on this i3 day of 198S Notary Public in and for the State of Texas My commission expires:..��' September }1^ 1985 420 Panhandle Construction Company--I-27 utility adjustments from 3rd Street to Main Street and 48th Street to 78th Street. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize Resolution #2430 as recommended by Staff' O Yeas; O Nays. 85-45A-420-647 (30') Consider one appointment to the Zoning Board of Adjustment to replace Michael Gatewood who has resigned. Motion was made by Councilwoman Tr 'o, seconded by Councilman Nash to appoint Charles Mayers as an Alternate Member to the Zoning Board of There being no further business, Mayor Pro Tem Baker adjourned the meeting at 10:12 a.m. XB.-6.(4McMINN, MAYOR ATTEST: Ranette—Boyd, City Secretary B. C. McMINN, MAYOR ATTEST: Ranett-e Boyd, City Secreta�ry Council and as spread upon the minutes of this Council shall constitute and be a part of � � this Resolution as if fully copied herein in detail. � Passed by the City Council this IIth day Of September, 1986, � B. C. McMTNN, MAYOR i ATTEST: Rangttg Boyd, City Secretary APPROVED AS TO CONTENT: Rita P. Harmon, Assistant City Manager for Public Safety and Services APPROVED AS TO FORM: /s/ Michele Hart Michele Hart, Assistant City Attorney Jack Harvey & Company Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize Resolution #2429 as recommended by Staff. b Yeas; U Nays. 85-45A-419-646 /28-\ BID #9088--1-27 Utility adjustments, and authorize same (Water Utilities). Contract in Files RESOLUTION #2430 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock DE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract with Panhandle Construction Company for I-27 Utility Adjustments from 3rd Street to Main Street and from 48th Street to 78th Street, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as fully copied herein in detail. Passed by the City Council this 11th day of September, 1986. ATTEST: Ranetta Boyd, City Secretary APPROVED AS TO CONTENT: Gene Eads, Purchasing Manager APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney