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HomeMy WebLinkAboutMinutes - City Council - Regular - 10/23/1986457 REGULAR CITY COUNCIL MEETING MINUTES OCTOBER 23, 1986 The City Council of the City of Lubbock, Texas met in regular session on the 23rd day of October, 1986 in the City Council Chambers, first floor, City Hall, 1625 I3th Street, Lubbock, Texas at 9:00 m'm' Present: Mayor B. C. McMinn, Mayor Pro Tem Juan Baker, Councilman T. J. Patterson, Councilman Gary Phillips, Councilwoman Maggie Tr 'o, Councilman Bob Nash, Councilman George Carpenter, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr', and City Secretary Ranette Boyd. Mayor McMinn called the meeting to order at 9:00 a.m. 86-458-457-718 ( 1.) The Invocation was given by Ranette Boyd, City Secretary. 85-45A-457-7I7 ( 2.1 The Pledge of Allegiance was given in unison by those in the Council Chambers. 86-45A-457-7I8 ( 3'\ Motion was made by Councilman Patterson, seconded by Councilman Nash to approve the Minutes of the October 7, 1986 Regular City Council meeting as written' Motion carried: 7 Yeas: O Naym- 8O-45A-457-7l9 / 4') A representative from the Lubbock Industrial Development Corpora appear to request approval to issue Lubbock Industrial Developme CorDoration Bonds --McLane Foodservice, Inc., Mark Westergard, Attorney with the firm of Fulbright and Jaworski and Counsel for the Lubbock Industrial Development Corporation appeared to present a request of McLane Fnodaervioe, Inc- for increasing their original Revenue Bond request from $5 million to $O million dollars. Approval of the City Council for this application was required because of the change in the bond amount. The Lubbock Industrial Development Cor- poration met on September 29 and adopted a Resolution authorizing the issuance of Lubbock Industrial Development Corporation Revenue Bonds in the amount of t6,000,000' Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to approve request of the Lubbock Industrial Development Corp' to authorize issuance of Revenue Bonds in the amount of $6,000,000' Motion carried: 7 Yeas; O Nays- 86-45A-457-72O 5.) Robbie Christie will appear on behalf of Delta Tau Delta, Pi Kappa Alpha and the Muscular Dystrophy Association to request a Loudspeaker Permit for a Street Dance October 25, 1986. This item was deleted. 86-45A-457-72I / 6'\ A representative from the Junior League will appear to request Council support for Teen Court Program. This item was deleted. 86-45A-457-722 7.) A representative from the Parks and Recreation Board will appear to present recommendations regarding possible leasing of Parks property to Texas Parks and Wildlife Department. As was reported to City Council recently, Texas Parks and Wildlife is proposing to lease approximately 300 acres of land adjacent to Burl Huffman Complex, commonly referred to as the Lubbock Lake Site. Generally, this area is described as that north of the park road that 458 October 23, 1986 goes from Loop 289 adjacent to the Lake Site and west of the road that is paved that goes to the Huffman Athletic Complex. The Parks and Wildlife Department is proposing to lease this property and return it to its natural state and they propose to build a Visitors and Interpretative Center to provide information and exhibits of the archaeological findings in this area. They also propose to work with Texas Tech on the research in further excavating and research of archaeological finds in the area. On the balance of the property, they would provide various trails, return the turf to its natural state, and work toward reconstructing some of the sites of 6,000 to 12,000 years ago. This particular item is not an actual Lease, but will authorize the City to support a possible Lease with Texas Parks and Wildlife and to join Senator Montford, Texas Tech, and others in meeting with the Texas Parks and Wildlife Commission on Thursday, November 6 to present this concept to them. Favorable response is anticipated from Texas Parks and Wildlife if the City of Lubbock and Texas Tech are supportive. Joe Hefley, representing the Parks and Recreation Board, stated that their Board has reviewed the Proposal and recommended it to Council. Lee Osborn gave a presentation and stated that City Staff also recommends the Proposal to Council. Councilman Nash related the History of the area and further noted the importance of the Proposal. Motion was made by Councilman Nash, seconded by Mayor Pro Tem Baker to accept recommendations of the Parks and Recreation Board for possible leasing of parks property to Texas Parks and Wildlife Dept. Motion carried: 7 Yeas; 0 Nays. 86-45A-458-723 ( 8.) ORDINANCE #8981--Establishing a 45 mph speed limit on Indiana Avenue f 50th Street to 82nd Street, and a 50 mph speed limit on Indiana Avenue from 82nd Street to the south Citv limits. ORDINANCE #8981 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN PORTIONS OF INDIANA 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. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to pass on second and final reading Ordinance #8981 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 86-45A-458-724 ( 9.) ORDINANCE #8969--Abandoning and closing a 2' Underground Utility Easement in Lot 334, Melonie Park Addition. ORDINANCE #8969 ORDINANCE NO. 8969 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF AN UNDERGROUND UTILITY EASEMENT LOCATED IN THE MELONIE PARK SOUTH 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; PRO- VIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to pass on second and final reading Ordinance #8969 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 86-45A-458-725 (10.) ORDINANCE #8927--Abandoning and closing a portion of 6th Street between University Avenue and the west right-of-way line of a private street known as Boston Avenue. ORDINANCE #8927 October 23, 1986 459 ORDINANCE NO. 8927 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 6TH STREET BETWEEN UNIVERSITY AVENUE AND BOSTON AVENUE IN 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 TO REFLECT SAID ABANDONING AND CLOSING; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to pass on second and final reading Ordinance #8927 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 86-45A-459-726 (11.) ORDINANCE ORDINANCE #8950 --Abandoning and closing a portion of a 20' Second Addition. ORDINANCE NO. 8950 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A 20-FOOT ALLEY IN BLOCK 58, McCRUMMENS SECOND 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 Patterson, seconded by Councilwoman Trejo to pass on second and final reading Ordinance #8950 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 86-45A-459-727 (16.) Consider Resolution #2449 authorizing the Mayor to sign the cover shee of the plans prepared by the Texas Department of Highways and Public Transportation for reconstruction of U.S. 84 from Traffic Circle to_SH 331. RESOLUTION #2449 RESOLUTION #2449 BE IT RESOLVED BY THE CITY COUNCIL OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute the approval of the City of Lubbock by signing the cover sheet of the plans prepared by the Texas Department of Highways and Public Transportation for the following project: Reconstruction of U. S. 84 from the Traffic Circle to SH 331 Said approval having been requested by the Texas Department of Highways and Public Transportation. Passed by the City Council this 23rd day of October, 1986. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry V. Hoffman Larry V. Hoffman, Director of Transportation APPROVED AS TO FORM: J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney This item came at the request of the Highway Department and is the road extending southeast from the Traffic Circle and tying into the Slaton Highway, approximately 4.33 miles. Staff recommended approval. L+nu October 23, 1986 Motion was made by Councilman Patterson, seconded by Councilman Carpenter to authorize Resolution #2449 as recommended by Staff. Motion carried: 7 Yeas; U Nays. 86-45A-460-728 (l7') Consider Resolution #2450 accepting paving improvements constructed by Kerr Construction Company in Lakeridge Country Club Estates, Lots 691 RESOLUTION RESOLUTION 2450 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in accordance with the paving provisions of City Ordinance 133I, the subdivider of Lakeridge Country Club Estates Addition, Lots U9-78O made arrangements with Kerr Company for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Lakeridge Country Club Addition, Lots 691-768 including the following streets: The West 1/2 of Toledo Avenue from its intersection with the South lip line of 84th Street to its intersection with a line 7.00 feet South of the South property line of the alley South of 84th Street (East Side) known and designated as New �~ Subdivision Sub -Unit Number 50 of Unit Number 2032. Toledo Avenue from its intersection with a line 7'00 feet South of the South property line of the alley North of 85th Street to its intersection with the North lip line of 85th Street known and designated as New Subdivision Sub -Unit Number 51 Of Unit Number 2032, Toledo Avenue from its intersection With the South lip line of 86th Street to its intersection with G line 7.00 feet North of the North property line of the alley North of 88th Street known and designated as New Subdivision ub-Unit Number 52 of Unit Number 2032. Savannah Avenue from its intersection with the South lip line of 87th Street to its intersection with a line 7.00 feet North of the North property line of the alley North of 88th Street known and designated as New Subdivision ub-UDit Number 53 of Unit Number 2032, Salisbury Avenue from its intersection with a line 76.08 feat North of the North property line of the alley North Of 86th Street to its intersection with the North Tip line of 88th Street known and designated as New Subdivision Sub -Unit Number 54 of Unit Number 2032. Salisbury Avenue from its intersection with the South lip line of 87th Street to and including the cul-de-sac South of 87th Street known and designated as New Subdivision Sub -Unit Number 55 of Unit Number 2032' West 1/2 of Salem Avenue from its intersection with a line 7'00 feet South of the alley South of 83rd Street to its intersection with a line 7'00 feet North of the alley North of 88th Street known and designated as New Subdivision Sub -Unit Number 55 Of Unit Number 2032. South 1/2 of 84th Street from its intersection with a line 7'00 feat East of the East property line of the alley East of Utica Avenue to its intersection with the center line of Toledo Avenue known and designated as New Subdivision Sub -Unit Number 57 of Unit Number 2032. 85th Street from its intersection with a line 7'00 feet East of the East property line of the alley East of Utica Avenue to its intersection with a line 78'09 feet North of the North property line of the alley North of 86th Street known and designated as New Subdivision Sub -Unit Number 58 of Unit Number 2032- 86th Street from its intersection with a line 7.00 feat East of the East property line Of the alley East of Utica Avenue to its intersection with the West lip ]il of Salem Avenue known and designated as New Subdivision Sub -Unit Number 59 of Unit Number 2032' 87th Street from its intersection with the East lip ]jDe of Toledo Avenue to its intersection with the West lip line of Salem Avenue known and designated as New Subdivision Sub -Unit Number 60 Of Unit Number 2032`" and WHEREAS, the construction of the above improvements on the above -mentioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 133I; NOW THEREFORE:� BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION l' THAT the improvements on Said portions of the above -mentioned streets BE and the same are hereby accepted and the City Engineer BE and he is hereby authorized to October 23, 1986 461 SECTION 2- THAT this Resolution shall take affect and be in force from and after its passage. McMinn B. C. McMINN, MAYOR ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry V. Hoffman Larry V. Hoffman, City Engineer APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney This is a routine acceptance of paving improvements required at the time of platting of this now subdivision. This new subdivision is situated between Salem and Utica Avenues and between 84th and 88th Streets. There is no City cost duo the Contractor and Staff recommended approval. Motionwas made by Councilman Patterson, seconded by Councilman Carpenter to authorize Resolution #2450 as recommended by Staff' Motion carried: 7 Yeas; 0 Nays. 85-45A-461-729 (I8') Consider Resol Williams and F (82nd Street f RESOLUTION #2451 on #2451 accepting paving improvements constructed by rs Construction Company, Inc. on Contract G.W.O. #9063 University Avenue to Avenue U) and Change Orders #1 and RESOLUTION 2451 RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF 82ND STREET 83 LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED' WHEREAS, the City of Lubbock heretofore passed various street improvement Ordinances and Resolutions and entered into Contract with Williams & Peters Construction Company, Inc' (G'W'O- 9063) for the raking and construction of street improvements on a portion of 82nd Street in said City including the following: 82nd Street from 23 feet East of the EPL of University Avenue to 31,03 feet East of the EPL of Avenue nU» known and designated as Sub -Unit 56 of Unit No. 2240' CHANGE ORDER NO. l - Indiana Avenue reconstruction from 34th Street to 35th Street (No Assessment). CHANCE ORDER NO. 2 - Asphalt drives for McDonald Substation (No Assessment); and WHEREAS, the improvements upon the said portion of the above -mentioned streets have been inspected and found to have been constructed in accordance with terms of said Contract (G.W'O' 9083); NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION l- THAT the improvements on said portions of the above -mentioned streets BE and the same are hereby accepted, and the City Engineer BE and he is hereby authorized to direct payment of the [ re-tainage in the amount of $28,875'22' SECTION 2' THAT the Mayor and City Secretary BE and they are instructed to execute and deliver certificates in evidence of the assessments levied against the parcels of property abutting upon the said portion of 82nd Street listed above and against the owners of such property in accordance with law and in the manner provided in said Contract, and the proceedings with reference to said improvements and assessments where such assessments were levied. 4b� October 23, 1986 SECTION 3- THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 23rd day of October, 1986. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry V. Hoffman Larry V. Hoffman, Director of Transportation APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney This is a routine acceptance of the paving improvements constructed b» Williams and Paters on 82Dd Dtyggt from University Avenue to 8VenUg ^~u and Change Order #I that included the reconstruction of Indiana Avenue from 34th Street to 35th Street and Change Order #2 that includes asphalt drives at McDonald Electrical Substation at Milwaukee Avenue and 12th Street. The original Contract was $551,069, with Change Orders #1 and #2 adding 49,398'3I and $4,899'85 respectively, for an estimated total of $605,467'I6' The final total amount is $597,504'35 with $28,875'22 /5% retainaga\ final payment being dug the Contractor upon approval of this acceptance. Staff recommended approval. Motion was made by Councilman Patterson, seconded by Councilman Carpenter to authorize Resolution #245I as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. /I9'\ Consider Resolution #2452 adopting plans and specifications for the 1986 Assessment Paving_Program. RESOLUTION #2452 RESOLUTION A RESOLUTION ADOPTING PLANS AND SPECIFICATIONS. WHEREAS, the City Council October 7, 1986, passed a Resolution providing for the improvements of portions of streets, highways, avenues and/or alleys in the City of Lubbock, Texas, and along the boundaries of said City, and directing preparation of plans and specifications covering the streets, highways, avenues and/or alleys as named in said A8S0lUtiVD^ and WHEREAS, the City Engineer has prepared and filed with the City plans and specifications for such improvements, and same have been examined; NTHEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: October 23, 1986 463 THAT the plans and specifications submitted by the City Engineer covering improvements contemplated by said Resolution BE and the same are hereby approved. Passed by the City Council this 23rd day of October, 1986. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry V. Hoffman Larry V. Hoffman, Director of Transportation APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney This is the second Resolution of a series of five Resolutions and one Assessment Ordinance that are used in the procedure of levying Paving Assessments in accordance with State Law - Article 1I05-b' This project consists of 21 blocks of street paving and 4 blocks of alloy paving. Staff recommended approval. Motion was made by Councilman Patterson, seconded by Councilman Carpenter to authorize Resolution #2452 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 86-45A-463-731 (2O') Consider Resolution_#2453 authorizing the Mayor to execute a Utili Easement between the City of Lubbock and Texas Tech University. RESOLUTION #2453 RESOLUTION 2453 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 V- behalf of the City of Lubbock an Easement Agreement between the City of Lubbock and Texas Tech University for improvements to University Avenue in the City of Lubbock, 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 23rd day of October, 1986. B.C. McMINN, R ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard" Assistant 464 October 23, 1988 Original Easement Agreement is filed with Resolutions #2453. This Easement parallels and is approximately 15' west of the west curb line of University Avenue from 4th Street to I9th Street. It is for the relocation of utilities along the west side of University Avenue from 4th Street to lQth Street and the Easement will also allow traffic signs to be installed. All of these actions were the result of Tach/a request to abandon and close 8th Street from the west side of University Avenue to the west aide of Boston Avenue. Staff recommended approval. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize Resolution #2453 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 85-45A-484-732 (2l') Consider 19th Street and Avenue X, and if approved, authorize the Mayor to exe a Quit Claim Deed. RESOLUTION #2454 RESOLUTION 2454 WHEREAS, a parcel of land between I9th Street and 20th Street and which abuts the western right-of-way line of Avenue X to the City of Lubbock is hereby determined to be surplus to the needs of the City of Lubbock and can be gold, because f its size and shape, under the Article 542Ic-12(2), V.A-C'8', to its abutting owner or owners for its fair market value, without bid procedures Or publication; and WHEREAS, Federal Building 88PVfce, Inc., of Albuquerque, New Mexico, the abutting owner, has requested that it be allowed to purchase said land" and this City Council has hereby determined that it would be in the public interest to sell said land to said abutting owner for its fair market Value; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION l' THAT said sale as hare1nabove set forth in the preamble hereof is hereby approved. SECTION2- THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute a Quitclaim Deed from the City of Lubbock unto the said ederal Building Service, Inc'" of Albuquerque, New Mexico, as Grantee, for the fair market value of said property in cash, paid to the City of Lubbock by said Grantee, m copy of which Quitclaim Deed is attached herewith and shall be spread upon the minutes of this Council, and s so spread upon said minutes shall constitute and be a part hereof as if fully copied herein in this place' Passed by the City Council this 23rd day of October, 1986. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney QUITCLAIM DEED WHEREAS Troy V. Post and Emma Lou Post for good and valuable consideration conveyed the hereinafter described property to the City of Lubbock, Texas, h» Warranty Deed as recorded in Volume 1374, Page 558 of the Deed Records of Lubbock County, Texas; and WHEREAS the said Troy V. Post and Emma Lou Post reserved in said deed the right to use the property conveyed for open parking and landscaping purposes until such time as the City of Lubbock gave notice to them that it required the use of the tract for street widening purposes; and WHEREAS the City of Lubbock never gave said notice to Troy V. Post and Emma Lou Post nor dedicated said property as a public street; and October 23, 1986 465 WHEREAS the City of Lubbock does not intend to dedicate or use said property for public street purposes; NOW THEREFORE: THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas, for and in consideration of the sum of TEN AND NO/100 /$I0.00\ DOLLARS and other good and valuable consideration to it in hand paid by FEDERAL BUILDING SERVICE, INC', of Albuquerque, New Mexico, hereinafter called "GRANTEE" the receipt of which is hereby acknowledged, does hereby by these presents ABANDON, DISCLAIM, RELEASE and FOREVER QUITCLAIM unto the said GRANTEE, all rights, title and interest in and to that certain tract or parcel of land lying and being situated in the County of Lubbock, State of Texas, described as follows, to -wit: BEGINNING at the original most Southerly Southeast corner of Lot I, a replat of Block 1, Ellwood Place Addition to the City of Lubbock, Lubbock County, Texas; THENCE Northeasterly around a curve to the left, said curve having a radius of I5'00 feet, a central angle of 900 tangent lengths of 15-00 feet, and a chord distance of 21.21 feet and a chord bearing of N. 451 E'; THENCE North a distance of 335'58 feet to a point of curvature; THENCE Northwesterly around a curve to the left, said curve having a radius of 15'00 feet, a central angle of 90129/32', tangent lengths of 15'13 feet and a chord distance of 21.30 feet' ' , THENCE N. 89030/2811 E. a distance of 39'00 feet to a point of curvature; THENCE Southeasterly around a curve to the right, said curve having a radius of 15'00 feet, a central angle of 90*29/32o, tangent lengths of 15.13 feet and a chord distance of 21.30 feet; ^ , THENCE South a distance of 335'92 feet to a point of curvature; THENCE Southwesterly around a curve to the right, said curve having a radius of 15'00 feet, a central angle of 900, tangent lengths of 15'00 feet and a chord distance of 2I'21 feet; THENCE West a distance of 39.00 feet to the POINT OF BEGINNING. TO HAVE AND TO HOLD the same premises together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said GRANTEE, its successors and assigns forever, so that neither the GRANTOR, CITY OF LUBBOCK, its successors or assigns, nor any persons claiming under it shall at any time hereinafter, have, claim or demand any right to the title to the aforesaid premises or appurtenances or any part thereof. WITNESS MY HAND AT LUBBOCK, TEXAS, THIS 23RD DAY OF OCTOBER, 1986. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Tom Nivens, Right -of -Way Agent /s/ Harold Willard Harold Willard, Assistant City Attorney This land was purchased from the Troy V. Post family on December 8, 1972 for $5 per square foot for the eventual widening of Avenue X and this project has been abandoned' Thirty-nine feet of the land is surplus to the City/o needs and there are I4,269'42 square feet- The Right -of -Wax office has appraised the land at $O per square foot and the 39' strip is a unusable remnant and is not marketable to anyone except the abutting property owner. The value was adjusted to $2'50 per square foot, or $35"874 for the coot. The abutting land is owned by the Federal Building Services, Inc. of Albuquerque, New Mexico' Mr' Nanoarrow of Santa Barbara, California will be paying for the land, but the land will be deeded to the New Mexico firm planning to expand the Elephant Restaurant and Bar' Staff recommended approval' 466 October 23, 1986 Motion was made by Councilman Nash, seconded by Mayor Pro Tem Baker authorizing Resolution #2454 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 86-45A-466-733 (22.) Consider Ordinance #8982 to abandon and close an Underground Utility Easement in the Shadow Hills Addition. ORDINANCE #8982 ORDINANCE NO. 8982 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF AN UNDERGROUND UTILITY EASEMENT LOCATED IN THE SHADOW HILLS 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 Carpenter, seconded by Councilman Phillips to pass on first reading Ordinance #8982 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. (23.) Consider Resolution #2455 authorizing the Mayor to execute a Fixed Base Operator Agreement with G & G Aero-Sery Inc. RESOLUTION #2455 RESOLUTION 2455 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Fixed Base Operator Agreement by and between the City of Lubbock and G & G Aero Service, Inc., attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 23rd day of October, 1986. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Marvin Coffee Marvin Coffee, Director of Aviation APPROVED AS TO FORM: /s/ Michele Hart Michele Hart, Asst. City Attorney Original Agreement filed with Resolution #2455. This proposed Agreement is for leasing Airport property to G & G Aero- Service Inc and the terms are as follows: Term: Building Leased: Land Leased: Rental Rates: 3 years - December 1, 1986 through November 30, 1989 #T302 12,2501 24,7841 Building: 12,250 sq.ft. @ 58� $7,196.88 Land: 24,784 sq.ft. @ 8� 1,982.72 Yearly Rental $9,179.60 Rental rates are subject to annual C.P.I. adjustments. October 23, 1986 457 86-45A-467-735 (2q,) - -' A. First and last months rent in advance' B. Lessee given two months rent against account for clean up and repairs and must show evidence of improvements. The Lease reflects the recommendations of the A.J. Perry Study for leasing of Airport property and was recommended by the Airport Board. Staffrecommended approval' Motion was made by Councilman Nash, seconded by Councilman Patterson to authorize Resolution #2455 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays' Consider Resolution Operator Agreement RESOLUTION #2456 456 authorizing the Mayor to execute a i h Cone Taylor Aviation Inc. RESOLUTION 2456 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Fixed Base Operator Agreement by and between the City of Lubbock and Cone Taylor Aviation, Inc-, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 23rd day of October, 1986. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Marvin Coffee Marvin Coffee, Director of Aviation /s/ Michele Hart Michele Hart, Asst. City Attorney Original Agreement filed with Resolution #2456. This proposed Agreement is for leasing of Airport property for a fixed base operation to Cone Taylor Aviation Inc and the terms are as follows: Term: 3 years - November 1, 1986 through October 31, 1989 Leased: Building #20I 5,040/ Leased: I2,35O/ l : Building: 5,040 sq'ft' @ 58¢ $2,923'20 Land: 12,360 sq'ft' @ 8� Yearly Rental $3,9I2'00 Rental rates are subject to annual C.P.I. adjustments. Conditions:Special A. First and last months rent in advance' B. City will carry the hazard insurance requested in the lease and lessee will reimburse the City the amount of premium' The Lease reflects the recommendations of the A.J. Perry Study for leasing of Airport properties and was recommended by the Airport Board. Staff recommended approval. 468 October 23, 1886 Motion was made by Councilman Patterson, seconded by Mayor Pro TR0 Baker to authorize Resolution #2456 as recommended by City Staff' Motion carried: 7 Yeas; D Nays. (25~) Consider Resolution #2457 authorizing the Mayor to sign a consent to the execution and grant of a Pipeline Easement across Lake Alan Henry. RESOLUTION #2457 RESOLUTION #2457 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hgrPh« authorized and directed to execute for and on behalf of the City of Lubbock, a memorandum of consent unto Mr' and Mrs. John Boren in the form attached hereto as "Exhibit 8x in the City of Lubbock, Lubbock County, Texas, and made a part hereof for all purposes, and 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 23rd day of October, 1986. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Sam Wahl Sam Wahl, Director of Water Utilities APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney EXHIBIT xo October 23, 1986 Mr' and Mrs. John Buren Box 511 Juoticeburg, Texas 79330 Re: Pipeline easement (license) dated October 23, 1986, granted by Walter Boren and Mildred Wood to Mid Plains Pipeline Company. Dear Mr' and Mrs' Boren: This is to confirm that the City of Lubbock has reviewed the above referenced instrument and hereby approves your execution and delivery of the same, The City of Lubbock further acknowledges and agrees that in the event the City of Lubbock elects to purchase, or to obtain an easement across, any portion of the real property therein described pursuant to the terms of that certain Memorandum of Agreement dated April 3, 1986 you shall deliver title to, or grant an easement across, said real property subject to the terms and provisions of the above -referenced pipeline easement (license) in addition to the other matters set forth in said Memorandum. October 23, I986 460 \ This latter agreement shall be binding upon the City of Lubbock, its successors and assigns, and shall inure to the benefit of you and your heirs, successors and assigns. Vary truly yours, THE CITY OF LUBBOCK, TEXAS Its: Mayor By: CC: Ms, Kathryn E. Allen GRAVES, DOUGHTERY, HEARDN & MOODY P. O' Box 98 Austin, Texan ATTEST: Ranette Boyd, City Secretary /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney 86-458-469-737 (2O') 86-45A-469-738 Mid -Plains Pipeline Company is planning to extend their Gas Gathering System in Garza County and request approval to construct a gas pipeline across the Upper reaches of Lake Alan Henry. Since the Letter of Agreement with Mr' and Mrs- John Boren outlined the terms of purchase, the 8orens/ attorneys believe that this Agreement would put a cloud on the title and therefore, before they can authorize this Gas Pipeline Easement, the City of Lubbock must grant approval. Mid -Plains has agreed to construct the crossing in accordance with specifications prepared by Freese and Nichols, Inc- Staff reviewed this and recommended approval' Motion was made by Councilman Nash, seconded by Councilman Carpenter to authorize Resolution #2457 as recommended by Staff- Motion carried: 7 Yeas; 0 Nays. Hold Executive Session to discuss pending litigation owned bv the Citv and land acauisition. and right-of-way within the City of Lubbock, the value of real property BID #8910--Cooling tower replacement at authorize same (Administrative Services). RESOLUTION #2458 RESOLUTION 2458 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ldinq- and THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and VD behalf of the City of Lubbock a Contract with Bruce Thornton Air Conditioning, Inc', for replacement of a cooling tower at the Municipal Square Building, 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. 470 October 23, 1986 Passed by the City Council this 23rd day of October, 1986. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Gene Eads Gene Eads, Purchasing Manager APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney /s/ B. C. McMinn B. C. McMINN, MAYOR CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 23rd day of October, A. D., 1986, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B. C. McMinn, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and BRUCE THORNTON AIR CONDITIONING, INC. A/C LICENSE TACLA002168 of the City of LUBBOCK, County of LUBBOCK, and the State of TEXAS, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if and) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: COOLING TOWER REPLACEMENT FOR THE MUNICIPAL SQUARE BUILDING, BID #8910, PROJECT 1491-552101- 9011, BASE BID $89,454.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for th performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. October 23 I98� , 471 IN WITNESS WHEREOF, the parties to these presents have executed this agreement in LUBBOCK, TEXAS, in the year and day first above written' CITY OF LUBBOCK, TEXAS (OWNER) By: ATTEST: City Secretary APPROVED AS TO CONTENT: /s/ William Payne APPROVED AS TO FORM: /s/ Bruce Thornton CONTRACTOR /s/ Bruce Thornton By: TITLE: President ATTEST: /s/ Dorothy J. Braddock COMPLETE ADDRESS: /S/ Donald G. Vandiver 5425 32nd St-, Lubbock, Texas 79407 Donald G. Vandiver, First Assistant City Attorney Bruce Thornton Air Conditioning, Inc. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize Resolution #2458 and low bid meeting specifications' Motion carried: 7 Yeas; O Nays' 86-45A-471-738 (28') BID #8911--Domestic cold water piping replacement at Municipal Squar Building, and authorize same (Administrative Services). RESOLUTION #2459 RESOLUTION 2459 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 L.D.C. Construction Company, Inc', for the replacement of domestic cold water piping at the Municipal Square Building, 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 23rd day of October, 1986. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Gene Eads, Purchasing Manager /s/ Harold Willard Harold Willard, Assistant City Attorney CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 23rd day of October, A. U', 1986, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B. C. McMinn, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and 472 October 23, 1986 LDC CONSTRUCTION CO., INC, of the City of LUBBOCK, County of LUBBOCK, and the State of TEXAS, hereinafter termed CONTRACTOR. WITNE3SETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if and) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: DOMESTIC COLD WATER PIPING REPLACEMENT FOR THE MUNICIPAL SQUARE BUILDING, BID #8911, PROJECT 1481-552101-9957, BASE BID $20,888.00 AND ALTERNATE I, ADD $9,983'00 AND ALTERNATE 2, ADD $I4,994.00 TOTAL CONTRACT $45,843.00. and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper coot and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for th p9yf0r0aOC8 of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in LUBBOCK, TEXAS, in the year and day first above written. CITY OF LUBBOCK, TEXAS (OWNER) MAYOR By: ATTEST: City Secretary APPROVED AS TO CONTENT: /s/ Jerry Smith APPROVED AS TO FORM: LDC Construction Co', Inc' CONTRACTOR /s/ Fred Davis By: TITLE: Vice President ATTEST: COMPLETE ADDRESS: /S/ Donald G. Vandiver P. U' Box 65251, Lubbock, Texas 78464 Donald G. Vandiver, First Assistant City Attorney LDC Construction Co', Inc. --Base bid plum Alternates l and 2' Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize Resolution #2459 and low bid meeting specifications. Motion Carried: 7 Yeas; O Nays. 86-45A-472-740 (29.) BID #9111--Landfill compactor (Sanitation). Conley -Lott -Nichols Co' Motion was made by Councilman Carpenter, seconded by Councilman Patterson authorizing low bid meeting specifications. Motion carried: 7 Yeas; O Nays. 85-45A-472-741 /30_\ BID #9128--Demolition of Coronado Apartments, and authorize same (Codes RESOLUTION #2460 RESOLUTION 2460 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 between the City of Lubbock and Hub City Pavers, Inc', for demolition and clearance at Coronado Apartments, located at IODO E. 29th Street, and more particularly described as Lot 2, Block 31 of the Coronado Addition in the City of Lubbock, Lubbock County, Texas, the contract is attached hereto, and shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail' October 23, 1986 473 \ Passed by the City Council this 23rd day of October, 1986. ATTEST: Ranette Boyd, City Secretary /s/ Rod Ellis Rod Ellis, Codes Administrator APPROVED AS TO FORM: /s/ Dennis W. McGill Dennis W. McGill, Assistant Civil Trial Attorney THE STATE OF TEXAS DEMOLITION CONTRACT KNOW ALL MEN BY THESE PRESENTS That first party, City of Lubbock, desiring the demolition of the premises located at lOOO E. 20th Street (South Side) - Lot 2, Block 31, Coronado Addition, City of Lubbock, Lubbock County, Texas, and second party, HUB CITY PAVING, INC- a bonded demolition contractor, do hereby agree that second party will in exchange for the consideration expressed herein perform the following acts: l' Leave: Driveway approaches, public sidewalks and large healthy trees as feasible. 2' Remove: Eleven (ll) two-story apartment structures with flat roofs, brick walls on slabs, all asphalt paving, all concrete borders, all concrete walkways and all concrete curbing on the property not including public sidewalks and street curbing and driveway approaches. 3. Remove: All fence posts, clothes line posts, clothes line slabs, rubbish and weed growth. 4' Remove: All concrete from swimming pool and fill totally with dirt, no concrete nor any building materials.* 5' Remove: All grass and weed growth must be bladed down to the top of soil. 6' Remove: Small shed of wood construction. There will be no dump fee at the City of Lubbock Landfill. * Considerable fill dirt will be required' It is understood that the provisions of this contract will be performed and completed within ninety (90) days of this date. It in further understood that the work by second party will be done in a good and workmanlike manner' This shall be construed to include, but not be limited to the following covenants: A. Protection shall be provided to pedestrians in sidewalk areas during th demolition as required by Chapter 44 of the Building Code of Lubbock' B. All utilities shall be properly disconnectgd,d including electricity, water, gas, and sewer. C. Proper and adequate safeguards shall be provided to protect the general public, employees of second party and adjoining property' Second party specifically agrees to hold first party harmless for any injuries to persons or property, occasioned during the performance of this contract which are attributable to negligence of first party to arise from a failure to honor this coveMant', and, D. All trash and rubbish are to be removed from the adjacent alleyway and disposed of pursuant to City Ordinance requirements pertaining to trash removal. 474 October 23, 1986 The sole consideration for the above covenants and agreements shall be the right of second arty to all salvageable material removed from the lot, plus Forty-nine thousand and no/IOO (t49,000.00) dollars. Second party acknowledges and confesses the sufficiency of such consideration. It is expressly understood that second party is to acquire no interest whatsoever in the realty itself. During the performance of this contract, the contractor agrees as follows: I' The Contractor shall not discriminate against any employee or application for employment because of race, color, religion, sex, or national origin' The contractor shall take affirmative action to ensure that applicants for employment are employed and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but Out be limited to, the following: employment upgrading, demotion or transfer, recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. B. The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by Contracting Officer setting forth the provisions of this nondiscrimination clause. The Contractor shall state that all qualified applicants will receive consideration of employment without regard to rare, color, religion, sex, or national Vrigin- C. Contractors shall incorporate foregoing requirements in all subcontracts. IN WITNESS WHEREOF, the parties to the presents have executed this agreement in Lubbock, Texas in the year and day first above written. ATTEST: City Secretary CITY OF LUBBOCK, TEXAS (OWNER) MAYOR By: APPROVED AS TO CONTENT: /s/ Rodney Ellis Rod Ellis, Codes Administrator /s/ Dennis McGill Dennis McGill, Assistant City Attorney Hub City Pavers, Inc. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize Resolution #2460 and low bid meeting specifications. Motion carried: 7 Yeas; O Nays' 86-45A-474-742 (3I.) BID #9129--Computer paper (Warehouse stock). Moore Business Foyms--50 M 8-1/2x X 3 I/2w continuous paper, 15 lb' Jim Walters Paper Co.--24 M 1-part 8-I/2o X II« 20 lb. ultrafine perforation; 25 M 2-part 8-I/2n x ll' standard perforation NCR, white, Uarco, Inc'--3,200 M l-part computer paper 14-7/8o x 8-1/2n continuous; 200M M 2-part computer paper I4-7/8x X 8-I/2x continuous; 95 M 3-part computer paper I4-7/8« n 8-I/2o continuous~ 40 M 4-part computer paper 14~7/811 X 8-1/2x C0DtjDUVV8. Motion was made by CVQDCil0aD Carpenter, seconded by Councilman Patterson authorizing low bids meeting specifications. Motion carried: 7 Yeas; O Nays' 86-45A-474-743 (32.) BID #9132--Installation of trees and shrubs for Auditorium/Coliseum and RESOLUTION #2461 October 23" 1986 475 RESOLUTION 2461 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 Tmm's Tree Place for the installation of trees and shrubs for the Auditorium/Coliseum and Phil Hoel Park, 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 23rd day of October, 1986. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Gene Eads, Purchasing Manager /s/ Harold Willard Harold Willard, Assistant City Attorney CONTRACT This agreement, made and entered into this 23rd day of OCtOber, A.D., 1986by and between the City Of Lubbock, CVUDtV Of Lubbock, ST—af2 of TeUgh B. C. McMinn , Mayor, thereUDtO authorized to d0 38, hereinafter referred to as OWNER, Of the City of Lubbock, [0UDtv of Lubb—oc=and State of Texas, hereinafter fe--rmed MMMOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter 08Dti0Ded° to be made and performed by the OWNER and under the CODditi0DS expressed in ' the bond bearing 8VeD date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the CUO3trWCtioD Of certain improvements described as follows: TO furnish and install all plant material at Lubbock Auditorium/Coliseum and Phil HO8l Park as per bid specifications for Bid #9132 for the d0OUDt Of $,64,545.25 and all extra work in CUDDeCti0D therewith, under the terms as stated in the contract dVCU0eDtS and at his (or their) 0*D proper cost and eKp9D56 to furnish all materials, supplies, machinery, equipment, tools, superintendence., labor, incurance and other acces- sories and services necessary to complete the said construction in accordance with the C0DtrdCt d0CU08Dt3 as defined in the General Condition Of Agreement. The CONTRACTOR hereby agrees to cVDmeOC8 work within.ten.days after the date written DOtiC8 to do S0 shall have been given to him and to substantially complete SdDe within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance Of the CODtrdCt in accordance with the proposal submitted therefor, subject to additions and deductions, as provided in the CODtrdCt documents and to make payment OD aCC8UDt thereof as provided therein. IN WITNESS WHEREOF, The parties to these presents have executed this contract in Six /6\ counterparts, each of which shall be deemed as original, in the year and day first above mentioned. CITY OF LUBBOCK, TEXAS CMcMinn Mayor ATTEST: City Secretary 476 October 23, 1986 ATTEST: Secretary Tom's Tree Place CONTRACTOR: BY: /s/ Alex Scarborough TITLE: Landscape Architect COMPLETE ADDRESS: Tom's Tree Place 5104 34th Lubbock, Texas 79410 Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize Resolution #2461 and low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. R-23 THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Glenda R a s e o a Notary Public in and for Lubbock County, Te personally appeared T_wi I a Aufi I IAeenLnt Manager of the Southw pers Corporation, publishers of the Lubbock Avalanche -.Journal — Morning, Evening an being by me duly sworn did depose and say that said newspaper has been published continu than fifty-two weeks prior to the first insertion of this Lem I Nn t i c e No. 7561.75 at Lubbock County. Texas and the ed copy of the Le e a I Notice is a true copy of the original and was printed Avalanche -Journal on the following dates: IIetebe.r8; 1986 '7'An Wn wdc (a Ale = AQA_ _An Account ManagerCk LUBBOCK AVALANCHE -JOURNAL GLENDA PASCO Southwestern Newspapers Corporation Notary Public In And For The State Of Texas My Commi«,ion Expires Nov. 9, 1i83 Subscribed and sworn to before me this 8 t h day of October , Ig 86 FORM 58-10 86-45A-476-744 (12.) ORDINANCE #8983--Zone Case #2576 (1805-13th Street) --Request of Scott Medanich for zoning change from A-1 to Garden Offices on the west 67. of Lots 1-2, and the west 67.5' of the north 10' of Lot 3, Block 13, Overton Addition. ORDINANCE #8983 ORDINANCE NO. 8983 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2576; A ZONING CHANGE FROM A-1 to GO ZONING ON THE WEST 67.5' OF LOTS 1-2 AND THE WEST 67.5' OF THE NORTH 10' OF LOT 3, BLOCK 13, OVERTON ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Scott Medanich appeared to make this request to change A-1 zoning to GO zoning in order to accommodate the planned remodeling of an existing residential unit into a professional office by the proponent. Assistant City Manager stated that the adjacent land use relationships are as follows: October 23, 1988 477 North - Professional office South - Single-family unit East - Single-family unit Went - Professional office Mr. Bertram said that this case is consistent with the Comprehensive Land Ua'~ Plan and the current Overton Land Use Plan' The location is in an Plan for light commercial/ residential. area classified 6« the Overton an r g ' ' The request represents a classic application of the "GO" district as it is defined in the Zoning Ordinance' There are two deviations from the development standards contained in the Ordinance indicated on the site plan' The front yard setback is 20' instead of 25/ because the unit is an existing structure, and the proponent requests that a screening fence on the west property line not be required (as provided in the Ordinance) to allow parking off of the alloy, which is paved. Both exceptions were acceptable to the Staff and were "ecommendgd to the Planning Commission. The Commission approved the case with the following condition: l' That the case be tied to the site plan as presented to the Planning Commission. No one appeared in opposition to the request and Mayor McMinn closed the Hearing' The Staff recommended that the City Council uphold the Planning Commission. Motion was made 6x Mayor Pro Tgm Baker, seconded 6« Councilman Patterson -~ ` b �� to pass on first reading Ordinance #8983 as recommended � y Staff. Motion carried: 7 Yeas; O Nays' 86-45A-477-745 (I3')(southwest corner of Utica d R-2 to R-1 and R-2 on tracts out ot Section 22, Block A. ORDINANCE #8984 ORDINANCE NO. 8984 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES; ZONE CASE NO. 2573-A; A ZONING CHANGE FROM K-2, A -I AND A-2 to R-1 AND R-2 ZONING ON TRACTS OUT OF SECTION 22, BLOCK A, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. David Goyetto appeared to present this this request. He said that this case was filed to follow up a request approved last month by the Planning Commission and City Council' The original mates and bounds description furnished by the proponent did not include an area intended to be rezoned' Assistant City Manager Jim Bertram said that the adjacent land uses are as follows: North - Vacant South - Vacant East - Vacant West - Vacant Mr. Bertram said further that to satisfy the required Public Notice and Public Hearing requirements in State law, the current request was filed' The Staff indicated during the previous case that this request would follow and is a routine Zone Case. No one appeared in opposition. Mayor McMinn closed the Hearing' The Planning Commission approved the case and Staff recommended that the City Council uphold the Planning Commission. Motion was made by Councilman Nash, seconded by Mayor Pro Tem Baker to pass on first reading Ordinance #8984 as recommended by Staff' Motion carried: 7 Yeas; O Nays. 86-458-477-746 (I5') ORDINANCE #8985--Zone Case #2557-A (southeast corner of 61st and Slide Piedmont Addition. ORDINANCE #8985 478 October 23, 1986 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2557-A~, A ZONING CHANGE FROM C-2 SPECIFIC USE to C-2 ZONING ON LOTS 1-20, BLOCK 16, PIEDMONT ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY` PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Gerald Long appeared to present this request to change current zoning that would restrict uses to a hotel/motel to C-2 zoning. Assistant City Manager Jim Bertram stated that this block is the south most piece of land in the Slide Road Land Use Study. The Contract for Sale for a motel has failed, and the proponent requested that the C2 Specific Use Permit be replaced with C-2 zoning tied to Site Plan review prior to a Building Permit and recognizes that compliance with the Slide Road Development Plan will be a requirement. The adjacent land uses are as follows: North - Commercial and duplexes South - Commercial East - Single-family West - Commercial For all practical purposes, the uses in the C-2 District are compatible with and interchangeable with many of the C-2A uses and therefore, the Staff does not oppose the C-2 zoning with conditions' As the Commission deliberated the case and recalled the details in the Slide Road Land Use Study, their position was to tie the property to a Site Plan in order to meet the spirit of that Study. Without further debate, the Commission approved the case with the following conditions: l' A Site Plan, including building elevations showing materials, color, and texture should be submitted and approved by the Planning and Zoning Commission on the entire tract under this Ordinance prior to i3SUaDCg of a Building Permit. No one appeared in opposition to the request. Mayor McMinn closed the Hearing' The Staff recommended that the City Council uphold the Planning Commission. Motion was made by Councilman Phillips, 38CoDdod by Mayor Pro Tg0 Baker to pass on first reading Ordinance #8885 as recommended by Staff. Motion carried: 7 Yeas; O Nays. (l4.) ORDINANCE #8986--Zone Case #2437-A (southwest corner of 73rd and Frankford)--Request of Bob Hegdal for zoning change from R-2 and A-1 to R-1 on tracts out of Section 29, Block A-K ORDINANCE #8986 ORDINANCE NO. 8986 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGED: ZONE CASE NO. 2437~A`, A ZONING CHANGE FROM R-2 AND A-1 to R-1 7O@TN8 ON TRACTS OUT OF SECTION 29, BLOCK A-K, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Bob Hegdal appeared to present this request which involves downzoning' The applicant asked to have apartment and duplex zoning changed to accommodate single-family detached structures' Assistant City Manager Jim Bertram stated that since the Zone Case represents a change in density from approximately one unit to 1,500/ down to one unit per 5,000/ or greater, Staff considered this a routine Zone Case and recommend approval. The adjacent land uses are as follows: North - A-2 and 8-1 South - Single-family East - Single-family West - Vacant The Planning Commission discussed the statements about current market conditions and without further debate approved the case. The Staff recommended that the City Council uphold the Planning Commission. Noone appeared in opposition' Mayor McMinn closed the Hearing' Motion was made by Councilman Nash, seconded by Councilman Patterson to pass on first reading Ordinance #8886 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. October 23, 1986 479 86-45A-479-748 /33'\ Consider one appointment to the Private Industry Council unexpired term of Hampton Anderson, who has resigned. Motion was made by Mayor Pro Tem Baker, seconded by Councilwoman Tr 'n to appoint Okla Jean Rice to the Private Industry Council. Motion carried: 7 Yeas; 8 Nays- 86-45A-47g-749 (34') Consider four appointments to the Planning and Zoning Commission. The terms of Carolyn Moegle, Dr. Damon Hill, Paulina Jacobo, and Norman Ig will expire November 16. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson appointing Edwin Scott to replace Dr' Damon Hill, Kyle Fulton to replace Carolyn MoegTe and reappointing Paulina Jacobu and Norman Igo to the Planning and Zoning Commission. Motion carried: 7 Yeas; O Nays. There being no further business, motion was made by Councilman Nash, seconded by Councilman Carpenter to adjourn the meeting at II:OO a.m. Motion carried: 7 Yeas; O Nays. 1B. C. McMINN; MAYOR ATTEST: READ AND APPROVED THIS 13TH DAY OF NOVEMBER, 1986. ATTEST: Ranett—e Boyd, City Secretary