HomeMy WebLinkAboutMinutes - City Council - Regular - 10/13/1988653
CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
MINUTES
OCTOBER 13, 1988
The City Council of the City of Lubbock, Texas met in regular session
on the 13th day of October, 1988 in the City Council Chambers, first
floor, City Hall, 1625 13th Street, Lubbock, Texas at 9:00 a.m.
Present: Mayor B. C. McMinn, Mayor Pro Tem Joan Baker, Councilman
T. J. Patterson, Councilman Gary Phillips, Councilwoman Maggie Trejo,
Councilman Bill Maloy, Councilman George Carpenter, City Manager
Larry J. Cunningham, City Attorney John C. Ross, Jr., and City
Secretary Ranette Boyd.
Mayor Pro Tem Baker called the meeting to order at 9:00 a.m. and
presided through consideration of Item #4. Mayor McMinn return to
Chambers and presided for the remainder of the meeting.
1.) The Invocation was given by Assistant City
Manager Robert Massengale.
2.) The Pledge of Allegiance was given in unison by
those in the Council Chambers.
( 3.) Motion was made by Councilman Patterson, seconded
by Councilman Carpenter to approve the Minutes of
the September 22, 1988 Regular City Council
meeting as written. Motion carried: 7 Yeas; 0
Nays
88-47B-653-589
(4.)
Citizen Appearances
Each year, the City of Lubbock and the United
Blood Services conducts a blood drive for City
employees. City employees Bill Boon, Solomon
Fields and Sonie Pinkert co-chaired the 1988
drive in which City employees donated 357 pints
of blood.
88-47B-653-590
(5.) Representatives of the Citizens Traffic Commis-
sion will present CTC recommendations concerning:
A.
Prohibiting
arkin within 100
feet
of
58th and
Nashville;
B.
Placement
of
an adult cross ng
guard
-at
59th and
Memphis;
C.
Placement
of
an adult crossing
guard
at
58th and
Utica;
D.
Placement
of
an adult crossing
guard
at
19th and
Toledo;
October 13, 1988
Page 654
E. Reducinq the school zone s eed to 20
mph at 31st and Quaker•
F. Extending the school zone boundaries
north of 30 h Street and south of 31st
Street on uaker Avenue.
Elroy Carson, Representative of the Citizens
Traffic Commission, appeared to present CTC
recommendations to Council.
By Staff memo, Council was advised that in 1987
the Traffic Engineering Department proposed a
policy for evaluating traffic control measures
around schools. This policy was submitted to the
Public School Administration, the Police
Department and the Citizens Traffic Commission.
The policy was adopted by City Council in October
of 1987 and in December 1987, an Ordinance was
adopted authorizing changes in school zone speed
limits based on this school zone policy. This
Ordinance raised the speed limit from 20 mph to
30 mph in school zones located on streets greater
than 50' wide.
Mr. Carson stated that on the basis of requests
from PTA groups, parents and school officials and
the CTC recommendation, four-way stop signs have
been reinstated and of the remaining issues, the
CTC recommended the following:
1. That an adult crossing guard be
reinstated at 59th Street to assist
students crossing Memphis Avenue to
Haynes Elementary; at 58th and Utica to
assist children crossing 58th Street to
Williams Elementary; and at 19th and
Toledo to assist children crossing 19th
Street to Rush Elementary.
2. That a 20 mph speed limit be reinstated
in the school zone on quaker Avenue at
Smylie Wilson Junior High and that the
previous boundaries of the school zone
be reinstated.
There is no adult guard at 19th and Toledo
because fewer than 10 students cross at this
location. At the most recent pedestrian count,
one student was seen crossing the street to
school. Several were observed being driven by
parents. Toni Hancock, principal at Rush
Elementary School, asked for an adult guard to
assist young children crossing the street and
further requested a 20 mph limit to replace the
30 mph limit if a crossing guard could not be
granted. However, CTC members voted 5-2 to
recommend an adult crossing guard at that loca-
tion.
Sam Medina appeared at the CTC meeting on behalf
of the Haynes Elementary PTA, and stated that an
adult crossing guard is needed to supervise
children crossing Memphis. Police Department
studies indicated most children cross Memphis
Avenue at 58th and 60th Streets where there are
four-way stop signs. The Police Department re-
October 13, 1988
Page 655
moved the crossing guard at 59th Street "because
there were safe alternatives for any students
crossing at 59th Street." The CTC unanimously
recommended reinstatement of the crossing guard
at this location.
Representatives from the Williams Elementary PTA
said at the CTC meeting that children at Williams
Elementary need help crossing 58th Street at
Utica Avenue and the crossing guard was removed
on the basis of the policy which states that a
crossing guard is warranted when stop signs do
not protect the crossing. This intersection is a
four-way stop. The CTC voted unanimously to
recommend reinstatement of the crossing guard at
58th and Utica.
When hearing arguments on the stop sign at 58th
and Nashville, CTC members also voiced concern
about curb parking that blocks the view on
oncoming traffic. They voted unanimously to
recommend that parking be prohibited within 100'
of the intersection.
on the school zone question, Ron Dingle,
principal at Smylie Wilson Junior High, said
people are not slowing down adequately since the
limit was raised from 20 mph to 30 mph.
Traffic Engineering Staff contend it is safer to
reduce speeds in smaller increments, (i.e., 40 to
30 instead of 40 to 20). The new policy provides
for the 30 mph limit on thoroughfares such as
this and is more in line with state policy to
reduce the speed limit in a school zone no more
than 15 mph below the regular speed limit on
state highways such as 4th Street at Toledo.
Staff recommended that an ordinance be placed on
next Council agenda to reinstate the 20 mph limit
where it previously existed.
The Principal of 5mylie Wilson appeared before
CTC to ask for a change in the school zone
boundaries to their previous location. The
Traffic Engineering staff had been concerned
about the three -black long school zone on Quaker
Avenue that was required for crosswalks at both
30th Street and 31st Street as motorists tended
to speed up before leaving the school zone and
traffic citations for speeding in a school zone
were common. The staff approached the principal
and asked which of the two crosswalks should
remain. He preferred to leave the crosswalk at
31st Street and remove the crosswalk at 30th
Street. Traffic Engineering then installed an
overhead mast arm flashing light and reduced the
length of the school zone from a distance
spanning the two crosswalks to a current distance
of 200 feet.
The CTC voted unanimously to recommend that the
school zone at this location be reinstated to its
previous distances and that the speed limit be
reduced to 20 mph. City Staff recommends that
the zone remain as it is, particularly if the
speed limit is reduced.
October 13, 1988
Page 656
Motion was made by Councilman Carpenter, seconded
by Mayor Pro Tem Baker to approve the following:
A. Prohibiting parking within 100' of 58th
and Nashville;
B. Placement of Adult Crossing Guard at 59th
and Memphis;
C. Placement of Adult Crossing Guard at 58th
and Utica;
D. Placement of Adult Crossing Guard at 19th
and Toledo;
E. To hold taking action on request to
reduce speed zone to 20 mph at 31st and
Quaker pending Staff Study and report on
all school zone speed limits;
F. To extend school zone boundaries north of
30th and south of 31st Street on Quaker,
with L.I.S.D. being asked to fund cost of
the flashing signal.
Motion carried: 7 Yeas; 0 Nays.
88-47B-656-591
6.) ORDINANCE #9229--Zone Case_#2302-B (located
southwest of 92nd Street and -Clinton Avenue).--
Reauest ❑f David R. Goyette (for Lubbock Land
Company) for zoning change from _A-2 to R-1 on
Tract D, Meadows -Addition.
ORDINANCE #9229
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE NO. 2302-B; A ZONING CHANGE FROM A-2 TO R-1 ZONING ON TRACT
D, MEADOWS ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
88-47B-656-592
( 7.)
Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo to pass on second and final
reading Ordinance #9229. Motion carried: 7 Yeas;
0 Nays.
ORDINANCE #9230
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE NO. 1490-K; AMEND ORDINANCE NO. 7233-A BY REPLACING
CONDITIONS OF THE SITE PLAN CONCERNING A SCREENING FENCE AND
LANDSCAPING WITH NEW CONDITIONS ON TRACT 1-A AND TRACT 2-A, LESS 475,
SOUTH, FIESTA AUTOLAND ADDITION, LUBBOCK, TEXAS; SUBJECT TO AMENDED
CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
October 13, 1988
Page 657
88-47B-557-593
( 8.)
Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo to pass on second and final
reading Ordinance #9230. Motion carried: 7 Yeas;
0 Nays.
ORDINANCE #9231
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE NO. 2447-A; A ZONING CHANGE FROM C-2A TO C-2 ZONING ON LOTS
12-14, AXE-HENDERSON ADDITION, LUBBOCK, TEXAS; 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 #9231. Motion carried: 7 Yeas;
0 Hays.
88-47B-557-594
(10.) Consider Resolution #2926 supporting Proposition
1: The Good Roads Amendment.
RESOLUTION #2926
WHEREAS, Texans pay a $.09 a gallon federal fuel tax into the
Federal Highway Trust Fund, a user fee which is then apportioned to
the State to acquire, construct and maintain their highways;
WHEREAS, Texas receives approximately $800 million a year from
the Federal Highway Trust Fund;
WHEREAS, these federal funds pay for building over half of our
Texas Highways;
WHEREAS, since 1917 when federal highway funds were first given
to the states, Texas has used 100% of these funds exclusively for its
roads and bridges;
WHEREAS, federal highway funds are returned to reimburse us for
spending constitutionally dedicated Texas state highway user feeds;
WHEREAS, it has recently been suggested the federal highway
reimbursements should be diverted to other unspecified purposes;
WHEREAS, such a diversion of dedicated highway funds would
cripple the State's highway maintenance program, and its long-term
planning, and cancel critical new road projects, including many in
our area;
WHEREAS, using federal highway reimbursements for purposes
other than our roads would violate the public trust by breaking the
government's pledge that those who use the highways should pay for
their construction and maintenance;
WHEREAS, protecting the substantial investment in our highways
and improving them will help encourage economic growth and create
jobs in Texas;
WHEREAS, Texas voters can guarantee this unnecessary raid on
our dedicated highway funds never takes place by voting for
Proposition 1, the GOOD ROADS AMENDMENT to the Texas Constitution in
this November's Presidential election;
October 13, 1988
Page 658
WHEREAS, Proposition 1 appears at the end of the ballot as "The
constitutional amendment and/or clarification providing that federal
reimbursement of State highway dedicated funds are themselves
dedicated for the purpose of acquiring rights -of -way and
constructing, maintaining and policing public roadways; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City of LUbbock hereby supports Proposition 1 to
insure dedicated federal highway funds received by Texas are spent
only for their intended purpose of improving our highways, and BE IT
FURTHER RESOLVED, the City of Lubbock calls on all Texans to join us
and every statewide elected Texas official in approving Proposition
and the City of Lubbock pledges its best efforts in encouraging all
Texans to vote "FOR" Proposition 1, the GOOD ROADS AMENDMENT.
Passed by the City Council this 11th day of October, 1988.
ATTEST:
Is Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Is Larry V. Hoffman Isl J. Worth Fullingim
Director of Public Transportation Assistant City Attorney
Three constitutional amendments will be voted on
during the General Election on November 8, 1988.
One of these, Proposition 1: The Good Roads
Amendment, is of critical importance to the State
Highway Program.
Under the Federal Program for Aid for Public
Highways, states are required to pay almost all
costs of planning, land acquisition, and
construction on a highway project. If a project
meets federal aid specifications, the state is
then reimbursed from Federal money for a major
portion of its expenses (generally 90% of all
costs of an interstate highway and 75% ❑f the
cost ❑n most other highway projects). The
reimbursements have traditionally been used in
Texas to replenish the dedicated pool of State
money.
The State fiscal crisis of 1986 and 1987 resulted
in inquiries as t❑ whether the Federal
reimbursements could be used for purposes other
than highways and policing of highways. Sources
in the Federal Government apparently were divided
in their opinion of permissible uses under the
Federal Law. Whether the dedication of State
funds stipulated in Article VIII, Section 7-a ❑f
the Texas Constitution would be interpreted to
incorporate Federal expense reimbursements, also
is not certain.
The proposed amendment to Article VIII of the
Texas Constitution would add Section 7-b, which
would dedicate or set aside for the purposes of
acquiring rights -of -way and constructing,
October 13, 1988
Page 658
WHEREAS, Proposition 1 appears at the end of the ballot as "The
constitutional amendment and/or clarification providing that federal
reimbursement of State highway dedicated funds are themselves
dedicated for the purpose of acquiring rights -of -way and
constructing, maintaining and policing public roadways; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City of LUbbock hereby supports Proposition 1 to
insure dedicated federal highway funds received by Texas are spent
only for their intended purpose of improving our highways, and BE IT
FURTHER RESOLVED, the City of Lubbock calls on all Texans to join us
and every statewide elected Texas official in approving Proposition
and the City of Lubbock pledges its best efforts in encouraging all
Texans to vote "FOR" Proposition 1, the GOOD ROADS AMENDMENT.
Passed by the City Council this 13th day of October, 1988.
ATTEST:
/s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s Larry V. Hoffman /s/ J. Worth Fullingim
Director of Public Transportation Assistant City Attorney
Three constitutional amendments will be voted on
during the General Election on November 8, 1988.
One of these, Proposition 1: The Good Roads
Amendment, is of critical importance to the State
Highway Program.
Under the Federal Program for Aid for Public
Highways, states are required to pay almost all
costs of planning, land acquisition, and
construction on a highway project. If a project
meets federal aid specifications, the state is
then reimbursed from Federal money for a major
portion of its expenses (generally 90% of all
costs of an interstate highway and 75% of the
cost on most other highway projects). The
reimbursements have traditionally been used in
Texas to replenish the dedicated pool of State
money.
The State fiscal crisis of 1986 and 1987 resulted
in inquiries as to whether the Federal
reimbursements could be used for purposes other
than highways and policing of highways. Sources
in the Federal Government apparently were divided
in their Opinion of permissible uses under the
Federal Law. Whether the dedication of State
funds stipulated in Article VIII, Section 7-a of
the Texas Constitution would be interpreted to
incorporate Federal expense reimbursements, also
is not certain.
The proposed amendment to Article VIII of the
Texas Constitution would add Section 7-b, which
would dedicate or set aside for the purposes of
acquiring rights -of -way and constructing,
October 13, 1988
Page 659
maintaining and policing public roadways, all
money that is received from the Federal
Government as reimbursement for State money that
is dedicated and spent for those purposes.
Three basic reasons for supporting the Good Roads
Amendment are:
1. The State Highway System is an achievement of
which the State can be justifiably proud.
The system has been financed primarily with
the combination of State taxes and fees and
Federal reimbursements and adoption of this
amendment will retain the status quo and
maintain the quality of transportation
projects and services that Texans have come
to expect.
2. Projected State population growth may result
in greater demand for new transportation
facilities and necessitate more maintenance
and improvements on existing ones than ever
before. During times of relatively small
population growth and economic stagnation,
the quality of highways and degree of
transportation mobility can be a major factor
in influencing an area's future population
growth for economic health. In either
circumstance, a large assured source of
funding for highways and transportation
services such as is provided by this
amendment is needed.
3. If Federal reimbursements of State Highway
expenditures are not required to be dedicated
to highway and highway policing purposes, the
dedicated pool of State money could easily be
spent each year and the availability of
unrestricted money would be unforeseen from
fiscal biennium to another. This would
cripple the process of planning trans-
portation projects which because of their
size, cost and time for completion require
long range budgeting.
Motion was made by Councilman Carpenter, seconded
by Councilman Maloy to authorize Resolution #2926
as recommended by Staff. Motion carried: 7 Yeas;
O Nays.
88-47B-659-595
{11.] Consider Resolution #2927 accepting Street
Maintenance Improvements constructed by Ca rack
Highway Construction Company under the 1988
Maintenance Program.
RESOLUTION #2927
RESOLUTION ACCEPTING PAVING IMPROVEMENTS ON A PORTION OF CITY
STREETS AS DESCRIBED BELOW:
WHEREAS, the City of Lubbock awarded a contract April 14, 1988,
authorizing the construction of street maintenance improvements by
Caprock Highway Construction Company, on a portion of the following:
October 13, 1988
Page 660
1988 Maintenance Program
List of Streets Improved
Street
34th St.
66th St.
82nd St.
82nd St.
Ave "P"
Ave "P"
Erskine St.
Frankford Ave
Frankford Ave
Guava Ave
Milwaukee Ave
N. Quirt Ave
Olive Ave
Quaker Ave
Upland Ave
Milwaukee Ave
6th St.
6th St.
7th St.
7th St.
8th St.
9th St.
15th St.
15th St.
26th St.
32nd St.
32nd St.
42nd St.
42nd St.
42nd St.
52nd St.
73rd St.
73rd St.
78th St.
Albany Ave
Albany Ave
Ave "F"
Ave "H" underpass
Ave "K"
Ave "L"
Ave lion
Ave "T"
Ave "T"
Ave "U"
Ave "X"
Chicago Ave
From
Milwaukee Ave
Indiana Ave
Frankford Ave
Tahoka Hwy
82nd St.
Sanitary Landfill
Frankford Ave
19th St.
Loop 289
Broadway
19th St.
Loop 289
Alley N. of 60th
19th St.
4th St.
4th St.
Ave "L"
Texas Ave
Ave "H"
Ave "Q"
Ave "Q"
Ave "K"
Ave "A"
Ave "G"
Ave "A"
Indiana Ave
Quaker Ave
Ave "D"
340" W. of Ave "H"
Ave "P"
Quaker Ave
Joliet Ave
Slide Road
University Ave
73rd St.
76th St.
Main St.
4th St.
8th St.
4th St.
4th St.
10th St.
Main St.
34th St.
19th St.
82nd St.
Joliet Ave Loop 289
N. Ash Ave Loop 289
Utica Ave Loop 289
Vicksburg Ave 82nd St.
82nd St. Vinton Ave
Portions of Airport
Fuel Service Rd. Main Terminal
To
Inler Ave
Joliet Ave
Milwaukee Ave
Ave "U"
660' S. of
F.M. 2641
Loop 289
34th St.
50th St.
8th St.
34th St.
Terminal @
50th St.
Brownfield
19th St.
19th St.
Ave "Q"
Ave "J"
Texas Ave
Ave "0"
Ave "0"
Ave "0'T
Ave "B"
Ave "H"
Ave "H"
Louisville
Salem Ave
Ave "H"
Ave "L"
Ave "Q"
Utica Ave
Indiana Ave
Utica Ave
Indiana Ave
75th St.
79th St.
Broadway
7th St.
9th St.
10th St.
10th St.
Main St.
Broadway
50th St.
34th St.
Alley N. of
St.
73rd St.
I-27
74th St.
Ailey S. of
St.
York Ave
98th St.
Airport
Highway
Ave
77th
93rd
W. side of N-S
runways
AND WHEREAS, the improvements upon the said portions of the
City streets have been inspected and found to have been constructed
according to the approved plans and specifications; NOW THEREFORE:
October 13, 1988
Page 661
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION I. THAT the improvements on said portions of the City
streets BE and the same are hereby accepted and the City Street
Superintendent BE and he is hereby authorized to direct the final
payment to the contractor in the amount of $56,030.29.
SECTION 2. THAT this Resolution shall take effect and be in
force from and after its passage.
Passed by the City Council this 13th day of October, 1988.
Zs B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
Zsl Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
s Don Jennings 5 Donald G. Vandiver
Don Jennings, Street Superintendent Donald G. Vandiver, First
Assistant City Attorney
88-47B-661-596
(12.)
This item is a routine acceptance of the 1988
Street Maintenance Program which consisted of
two -course surface treatment on all streets
listed in the acceptance resolution. The
original contract amount was $1,441,540 with
Change Order No. 1 reducing the original amount
by $272,136.70 to $1,169,403.30. The final
constructed amount is $1,154,410.79.
Staff recommended approval.
Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo to authorize Resolution
#2927 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
This is a routine request as provided at Section
14-128(a) of the Code. When a well is completed,
the permittee is entitled to request a reduction
in the bond or letter of credit from $25,000 to
$10,000. A letter requesting reduction of the
above mentioned bonds was submitted to the Plan-
ning office on September 20, 1988. Drilling
operations have been completed. Staff
recommended approval of the reduction.
October 13, 1988
Page 662
Motion was made by Mayor Pr❑ Tem Baker, seconded
by Councilman Phillips to approve request of
Texland Petroleum for reduction of the above
captioned performance bonds. Motion carried: 7
Yeas; 0 Nays.
88-47B-662-597
(13.) Consider Resolution 42928 authorizing the Mayor
to execute an Amendment to a Street Use License
between -the City of Lubbock and Bell Dairy
Products.
RESOLUTION #2928
WHEREAS, Bell dairy Products, Inc. of Lubbock, Texas (herein
called "Licensee") and the City of Lubbock therein called "Licensor")
entered into a Street Use License Agreement which is dated October
10, 1974, and is recorded at Volume 1405, Page 655 of the deed
Records of Lubbock County, Texas for the purpose of Licensee
constructing and maintaining a loading dock partially in a dedicated
public street as therein described, said Street Use License is
incorporated by reference into this Resolution as if written in
detail in this place; and
WHEREAS, said Licensee has requested the Licensor for
amendments to the terms of said Street Use License to cover two
additional tracts of land (which are also parts of a dedicated public
street) to be used for the purposes hereinafter set forth; and
WHEREAS, Licensor after consideration of the matter finds such
request will not discommode the public in the use of said dedicated
public street and such request should be granted as hereinafter set
forth; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT in addition to the existing tract of land
already licensed to the Licensee for construction and maintenance of
a loading dock, the following additional tracts are added by this
amendment to said Street Use License as additional tracts of land
licensed to Licensee for the purposes as hereinafter stated:
TRACT 1
BEGINNING at a point 1.00 foot West of the Northeast corner of Lot
28, Block 1, Perkins Subdivision of the Roberts and McWhorter
Addition to the City of Lubbock, Lubbock County, Texas;
THENCE North a distance of 2.00 feet to a point for the Northeast
corner of this tract;
THENCE West a distance of 35.00 feet to a point for the Northwest
corner of this tract;
THENCE South a distance of 2.00 feet to a point for the Southwest
corner of this tract;
THENCE East a distance of 35.00 feet to the PLACE OF BEGINNING.
Said additional Tract 1 is to be used by Licensee for the
construction and maintenance of an ammonia enclosure.
TRACT 2
BEGINNING at a point 21.00 feet East of the Northwest corner of Lot
26, Block 1, Perkins Subdivision of the Roberts and McWhorter
Addition to the City of Lubbock, Lubbock County, Texas;
October 13, 1988
Page 663
THENCE North a distance of 3.00 feet to a point for the Northwest
corner of this tract;
THENCE East a distance of 11.00 feet to a point for the Northeast
corner of this tract;
THENCE South a distance of 3.00 feet to a point for the Southeast
corner of this tract;
THENCE West a distance of 11.00 feet to the PLACE OF BEGINNING.
Said additional Tract 2 is to be used by the Licensee for the
construction and maintenance of a silo pad.
SECTION 2. THAT by Licensee's payment to Licensor of the
additional sum of THREE HUNDRED AND NO/100 DOLLARS ($300.00), and
acceptance of said additional consideration by Licensor as additional
compensation for the licensing of said two additional tracts (being
parts of a dedicated street as hereinabove stated), Licensee accepts
all the terms of the existing Street Use License as applying to the
two additional tracts of land hereby licensed to Licensee. Such
acceptance by Licensee of the terms of said Street Use License as
applying to said two additional tracts of land is further made by
Licensee by constructing and maintaining the ammonia enclosure and
silo pad as aforesaid. The term of the Street Use License shall
terminate at the same time as originally provided in said Street Use
License Agreement.
SECTION 3. THAT except as hereby amended, the terms of said
Street Use License shall remain the same, and as hereby amended is
hereby ratified and confirmed by Licensor by passage of this
Resolution and by Licensee's acceptance of the terms of this
Resolution as aforesaid.
Passed by the City Council on this 13th day of October, 1988.
ATTEST:
I s1 Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Is1 Ed Bucy
Ed Bucy, Right -of -Way Agent
Is1 B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
This is an Amendment to the original Street Use
License issued October 10, 1974, to Bell Dairy
Products for an encroachment into the south
right-of-way of the 2400 block of 2nd Street for
a loading dock. This Resolution adds two more
encroachments. The first encroachment (Tract 1)
is an ammonia tank enclosure which occupies
approximately 2' x 35' (east to west) of 2nd
Street. This was added a few years back and
showed up in the site survey for the building
plans. The second encroachment (Tract 2) is a
concrete silo pad for a vertical tank which
occupies approximately 3' x I1' (east to west) of
2nd Street. Bundock Construction is the
contractor for this construction work and he
brought these encroachments to our attention.
Bell Dairy was issued this license for 20 years,
and charged a yearly fee of $10. In order to
October 13, 1988
Page 663
THENCE North a distance of 3.00 feet to a point for the Northwest
corner of this tract;
THENCE East a distance of 11.00 feet to a point for the Northeast
corner of this tract;
THENCE South a distance of 3.00 feet to a point for the Southeast
corner of this tract;
THENCE West a distance of 11.00 feet to the PLACE OF BEGINNING.
Said additional Tract 2 is to be used by the Licensee for the
construction and maintenance of a silo pad.
SECTION 2. THAT by Licensee's payment to Licensor of the
additional sum of THREE HUNDRED AND NO/100 DOLLARS ($300.00), and
acceptance of said additional consideration by Licensor as additional
compensation for the licensing of said two additional tracts (being
parts of a dedicated street as hereinabove stated), Licensee accepts
all the terms of the existing Street Use License as applying to the
two additional tracts of land hereby licensed to Licensee. Such
acceptance by Licensee of the terms of said Street Use License as
applying to said two additional tracts of land is further made by
Licensee by constructing and maintaining the ammonia enclosure and
silo pad as aforesaid. The term of the Street Use License shall
terminate at the same time as originally provided in said Street Use
License Agreement.
SECTION 3. THAT except as hereby amended, the terms of said
Street Use License shall remain the same, and as hereby amended is
hereby ratified and confirmed by Licensor by passage of this
Resolution and by Licensee's acceptance of the terms ❑f this
Resolution as aforesaid.
Passed by the City Council on this 13th day of October, 1988.
ATTEST:
Is1 Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/sZ Ed Buc
Ed Bucy, Right -of -Way Agent
Is1 B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s1 J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
This is an Amendment to the original Street Use
License issued October 10, 1974, to Bell Dairy
Products for an encroachment into the south
right-of-way of the 2400 block of 2nd Street for
a loading dock. This Resolution adds two more
encroachments. The first encroachment (Tract 1)
is an ammonia tank enclosure which occupies
approximately 2' x 35' (east to west) of 2nd
Street. This was added a few years back and
showed up in the site survey for the building
plans. The second encroachment (Tract 2) is a
concrete silo pad for a vertical tank which
occupies approximately 3' x 11' (east to west) of
2nd Street. Bundock Construction is the
contractor for this construction work and he
brought these encroachments to our attention.
Bell Dairy was issued this license for 20 years,
and charged a yearly fee of $10. In order to
October 13, 1988
Page 664
88-47B-664-598
(14.)
88-47B-664-599
(15.)
bring this license up to date, they will be
charged $50 per year for the remaining six years,
or $300. The $150 application fee has been paid,
and Staff recommended approval.
Motion was made by Councilman Carpenter, seconded
by Councilwoman Trejo to authorize Resolution
#2928 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
Consider the allocation of Community Development
Contingency Funds for Alley Debris Program.
In work session on September 22, 1988, the City
Council was presented a follow-up report on alley
debris removal. The staff presented a proposal
for a trial, one-year, enhanced alley debris
program comprised of four elements - enhanced
enforcement, volunteer efforts, public eduction,
and increased alley debris collection. It was
recommended that the current allocation from
Community Development funds for alley clean-up be
increased from $20,000 to $54,088. This amount
would provide sufficient funding for a twice -
annual clean-up in C.D. target areas using
private contractors to do the work.
The allocation will decrease the contingency fund
balance from $282,097 to $248,097. Staff
recommended approval.
Motion was made by Councilman Patterson, seconded
by Councilman Maloy to allocate $54,000 from
Community Development Contingency Fund for a one
year enhanced Alley Debris Program in the five CD
target areas. Staff was further instructed to
see if the area of 19th to 34th and Avenue Q to
University is eligible for CD expenditures and if
it is, this area is also to be included in the
Program. Motion carried: 7 Yeas; 8 Hays.
Consider Ordinance #9232 amending the .City of
Lubbock Code of Ordinances by adding provisions
pertaining to the assignment pay for certain
members of the Police De artment.
ORDINANCE #9232
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
LUBBOCK, TEXAS, BY ADDING THERETO PROVISIONS PERTAINING TO ASSIGNMENT
PAY FOR CERTAIN MEMBERS OF THE POLICE DEPARTMENT; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR PUBLICATION.
The Field Training Officer [F.T.O.] Program is
utilized as a continuation of the training
provided a new police recruit upon his or her
completion of the basic training course at the
Police Academy. The F.T.O. program consists of
15 weeks of training which are divided into five
phases. As the new recruit progresses from phase
one to phase five, his or her responsibility
increases with each phase.
During each phase, with the exception of phases 1
and 2, the new recruit is assigned to a different
Field Training Officer.
October 13, 1988
Page 554
88-47B-554-598
(14.)
88-47B-554-599
(15.)
bring this license up to date, they will be
charged $50 per year for the remaining six years,
or $300. The $150 application fee has been paid,
and Staff recommended approval.
Motion was made by Councilman Carpenter, seconded
by Councilwoman Trejo to authorize Resolution
#2928 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
Consider the allocation of Community Development
Contingency Funds for Alley Debris Program.
In work session on September 22, 1988, the City
Council was presented a follow-up report on alley
debris removal. The staff presented a proposal
for a trial, one-year, enhanced alley debris
program comprised of four elements - enhanced
enforcement, volunteer efforts, public eduction,
and increased alley debris collection. It was
recommended that the current allocation from
Community Development funds for alley clean-up be
increased from $20,000 to $54,000. This amount
would provide sufficient funding for a twice -
annual clean-up in C.D. target areas using
private contractors to do the work.
The allocation will decrease the contingency fund
balance from $282,097 to $248,097. Staff
recommended approval.
Motion was made by Councilman Patterson, seconded
by Councilman Maloy to allocate $54,000 from
Community Development Contingency Fund for a one
year enhanced Alley Debris Program in the five CD
target areas. Staff was further instructed to
see if the area of 19th to 34th and Avenue Q to
University is eligible for CD expenditures and if
it is, this area is also to be included in the
Program. Motion carried: 7 Yeas; 0 Hays.
Consider Ordinance #9232 amending the City of
Lubbock Code of Ordinances by adding .provisions
pertaining to the assignment nay. for certain
members of the Police Department._
ORDINANCE #9232
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
LUBBOCK, TEXAS, BY ADDING THERETO PROVISIONS PERTAINING TO ASSIGNMENT
PAY FOR CERTAIN MEMBERS OF THE POLICE DEPARTMENT; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR PUBLICATION.
The Field Training Officer (F.T.O.) Program is
utilized as a continuation of the training
provided a new police recruit upon his or her
completion of the basic training course at the
Police Academy. The F.T.O. program consists of
15 weeks of training which are divided into five
phases. As the new recruit progresses from phase
one to phase five, his or her responsibility
increases with each phase.
During each phase, with the exception of phases 1
and 2, the new recruit is assigned to a different
Field Training Officer.
October 13, 1988
Page 665
As the expectations of the general public
increase and civil liability complaints increase,
the F.T.O. program is a necessity for today's law
enforcement agencies. Some of the more important
services that an F.T.O. program provide are:
1. A standardization of training for new
recruits.
2. A highly qualified and experienced
police officer to train new recruits.
3. A thorough feedback mechanism by which
departmental administrators can assess
future training needs.
4. daily performance evaluations on new
recruits which identify individual
areas of deficiency. These evaluations
also serve as documentation for dis-
missal of new recruits who cannot
perform up to the standards which
are required of a police officer.
The success of any F.T.O. program is largely
dependent upon the police officers which are
assigned to perform the F.T.O. functions. They
perform such duties as maintaining a standardized
training schedule, completing daily evaluation on
their recruit's performance, making
recommendations for additional training,
conducting remedial training for those new
recruits who display deficiencies in certain
areas, influencing the attitude of new recruits
toward departmental administrators and to the
general public, and setting behavioral examples
for the new recruits. To perform these functions
as they should be performed, an F.T.O. has to be
a professional and highly trained individual.
In 1980, the Lubbock Police Department initiated
a Field Training Officer program. In the
beginning, the program was very successful, but
in recent years the quality of the program has
deteriorated into a crisis situation.
Staff is now in the process of restoring the
program to the quality level it held in the early
stages. Assignment pay for F.T.O.'s and F.T.O.
supervisors would provide a solid foundation on
which to build the program. Therefore, the
request was to authorize $75 per month assignment
pay for F.T.O.'s and F.T.O. supervisors, to be
received during the time that new recruits are
being trained by F.T.O.'s. The cost for this pay
increase will depend on the number of recruits
placed into the program and that is currently
estimated at 30 recruits in the next F.T.O. pro-
gram.
Motion was made by Councilman Carpenter, seconded
by Councilman Maloy to pass on first reading
Ordinance #9232 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
October 13, 1988
Page 665
As the expectations of the general public
increase and civil liability complaints increase,
the F.T.O. program is a necessity for today's law
enforcement agencies. Some of the more important
services that an F.T.O. program provide are:
1. A standardization of training for new
recruits.
2. A highly qualified and experienced
police officer to train new recruits.
3. A thorough feedback mechanism by which
departmental administrators can assess
future training needs.
4. daily performance evaluations on new
recruits which identify individual
areas of deficiency. These evaluations
also serve as documentation for dis-
missal of new recruits who cannot
perform up to the standards which
are required of a police officer.
The success of any F.T.O. program is largely
dependent upon the police officers which are
assigned to perform the F.T.O. functions. They
perform such duties as maintaining a standardized
training schedule, completing daily evaluation on
their recruit's performance, making
recommendations for additional training,
conducting remedial training for those new
recruits who display deficiencies in certain
areas, influencing the attitude of new recruits
toward departmental administrators and to the
general public, and setting behavioral examples
for the new recruits. To perform these functions
as they should be performed, an F.T.O. has to be
a professional and highly trained individual.
In 1980, the Lubbock Police Department initiated
a Field Training Officer program. In the
beginning, the program was very successful, but
in recent years the quality of the program has
deteriorated into a crisis situation.
Staff is now in the process of restoring the
program to the quality level it held in the early
stages. Assignment pay for F.T.O.'s and F.T.O.
supervisors would provide a solid foundation on
which to build the program. Therefore, the
request was to authorize $75 per month assignment
pay for F.T.O.'s and F.T.O. supervisors, to be
received during the time that new recruits are
being trained by F.T.O.'s. The cost for this pay
increase will depend on the number of recruits
placed into the program and that is currently
estimated at 30 recruits in the next F.T.O. pro-
gram.
Motion was made by Councilman Carpenter, seconded
by Councilman Maloy to pass on first reading
Ordinance #9232 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
October 13, 1988
Page 666
88-47B-666-600
(16.) Consider Resolution #2929 authorizing the Mayor
to execute a Utility Joint Use Agreement and a
Quitclaim Instrument to the State of Texas (I.-27;
48th to 78th).
RESOLUTION #2929
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Mayor of the City of Lubbock BE and is
hereby authorized and directed to execute a Utility Joint Use
Agreement for and on behalf of the City of Lubbock, said agreement to
be entered into by and between the City of Lubbock and the State of
Texas Department of Highways and Public Transportation in connection
with Phase II of Interstate Highway 27 Construction Project, attached
herewith, which shall be spread upon the minutes of the Council and
as spread upon the minutes of this Council shall constitute and be a
part of this Resolution as if fully copied herein in detail.
SECTION 2. THAT the Mayor of the City of Lubbock BE and is
hereby authorized and directed to execute a quitclaim instrument to
the State of Texas acting through its Department of Highways and
Public Transportation as requested by said Department in connection
with Phase II of the Interstate Highway 27 Construction 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 if fully
copied herein in detail.
Passed by the City Council this 13th day of October, 1988.
ATTEST:
/s/ Ranette_Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Wilford Watson
Wilford Watson, Chief Water
Utilities Engineer
Quitclaim Deed
THE STATE OF TEXAS §
/sj B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim,
Assistant City Attorney
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
That, City of Lubbock of the County of Lubbock, State of Texas,
hereinafter referred to as Grantors, whether one or more, for and in
consideration of the sum of One Dollar ------------- Dollars ($1.04)
and other good and valuable consideration to Grantors in hand paid by
the State of Texas, acting by and through the State Highway and
Public Transportation Commission, the receipt of which is hereby
acknowledged, and for which no lien is retained, either expressed or
implied, have Quitclaimed and do by these presents Bargain, Sell,
Release and forever Quitclaim unto the State of Texas all of
Grantors' right, title, interest, claim and demand in and to that
certain tract or parcel of land situated in the County of Lubbock,
State of Texas, more particularly described as follows, to wit:
October 13, 1988
Page 667
County: Lubbock
Highway: Interstate 27
Project Limits: From 40th Street
Lubbock
Account: 9005-27-15
to South of Loop 289 South in
Field Notes for Parcel 6X
BEING 52,945.52 square feet, more or less, of land out of that
certain tract of land situated in the City of Lubbock, Lubbock
County, Texas, being out of the North 41 acres of the southwest one -
quarter of Section 5, Block E, including Lot 1, in Dee -Ville
Addition, according to a map or plat of said Addition recorded in
Volume 805, Page 286, of the Deed Records of Lubbock County; said
tract being the same property described in a Deed of Dedication by
Dalton P. Ellis and wife, Willie Lee Ellis, dated August 10, 1960,
recorded in Volume 805, Page 286, Deed Records of Lubbock County,
Texas, SAVE AND EXCEPT, a 5 foot strip of land along the north side
of Lot 1, Deville Addition, previously dedicated to the City of
Lubbock, Lubbock County, Texas recorded in Volume 791, Page 550, Deed
Records, Lubbock County, Texas; said 52,945.52 square feet, more or
less, being more particularly described by metes and bounds as
follows:
BEGINNING at a point in the existing west right-of-way line of U.S.
87, said point being the southeast corner of said parcel, and 663.33
feet, South 87040'11" East of the southwest corner of said Lot 1;
1) THENCE, North 87°40'11" West along the south line of said
parcel a distance of 14.86 feet to a point in the proposed west
right-of-way line of IH-27;
2) THENCE, North 1°41'34" East along the proposed West right-
of-way line of IH-27 a distance of 59.66 feet to a point on a curve
of the proposed west right-of-way line of IH-27;
3) THENCE, Northwesterly along said curve to the left, having a
radius of 981.45 feet and a radius bearing of North 88°18'26" West, a
distance of 664.89 feet along said curve to a point in the north line
of said parcel;
4) THENCE, South 87*42102" East along the north line of said
parcel a distance of 207.40 feet to a point on a curve of the
existing south right-of-way line of Loop 289;
5) THENCE, Southeasterly along said curve to the right, having
a radius of 219.09 feet and a radius bearing of South 58055'46" West,
a distance of 53.94 feet to a point in the existing west right-of-way
line of U.S. 87;
6) THENCE, South 1017'23" East along the existing west right-
of-way line of U.S. 87 a distance of 109.93 feet to a point in the
existing west right-of-way line of U.S. 87;
7) THENCE, South 2014'00" West along the existing west right-
of-way line of U.S. 87 a distance of 514.58 feet to the point of
beginning.
Field Notes for Parcel 41
BEING 3197.72 square feet, more or less, of land out of that certain
tract of land situated in the City of Lubbock, Lubbock County, Texas,
being a tract of land out of the Northeast 1/4 of Section 5, Block E,
Lubbock County, Texas; said tract being the same property described
in a Deed from Joe McIlhaney to The Carter Company dated April 4,
1985, recorded in Volume 1952, Page 738, Deed Records of Lubbock
County, Texas; said 3197.72 square feet, more or less, being more
particularly described by metes and bounds as follows:
October 13, 1988
Page 668
BEGINNING at a point in the existing south right-of-way line of Loop
289, said point being the northwest corner of said parcel and 4938.09
feet, South 81°41'44" East and 1964.07 feet, South 2'18'16' West of
the northwest corner of Section 5, Block E;
1) THENCE, South 81°38'27" East along the existing south right-
of-way line of Loop 289 a distance ❑f 300.04 feet to a point in the
east line of said parcel;
2) THENCE, South 2015'50" West along the east line of said
parcel a distance of 3.48 feet to a point on a curve of the proposed
south right-of-way line of Loop 289;
3) THENCE, Southwesterly along said curve to the left, having a
radius of 5714.58 feet and a radius hearing of South 0°37'22" West, a
distance of 297.54 feet along said curve to a point in the proposed
south right-of-way line of Loop 289;
4) THENCE, South 81°38'22" West along the proposed south right-
of-way line of Loop 289 a distance of 2.98 feet to a point in the
west line of said parcel;
5) THENCE, North 2'15'14" East along the west line of said
parcel a distance of 20.48 feet to the point of beginning.
Field Notes for Parcel 42
BEING 36,464.27 square feet, more or less, of land out of that
certain tract of land situated in the City of Lubbock, Lubbock
County, Texas, being a tract of land ❑ut of Section 4, Block E,
Lubbock County, Texas; said tract being the same property described
in a Deed from Charles W. Craig, Don R. Kidd and Dru Vowell, d/b/a/
CKV Investments, to Wayland Dee Sims, dated January 7, 1983, recorded
in Volume 1815, Page 147, Deed Records of Lubbock County, Texas; said
36,464.27 square feet, more or less, being more particularly
described by metes and hounds as follows:
BEGINNING at a point in the existing south right-of-way line of Loop
289, said point being the northeast corner of said parcel, and North
87041144" West, a distance of 0.41 feet and South 2018116" West, a
distance of 1959.06 feet from the northeast corner of Section 4,
Block E;
1) THENCE, South 2018'59" West along the east line of said
parcel a distance of 133.09 feet to a point in the proposed south
right-of-way line of Loop 289;
2) THENCE, North 81°00'00" West along the proposed south right
of -way line of Loop 289 a distance of 320.17 feet to a point in the
west line of said parcel;
3) THENCE, North 2°18'37" East along the west line of said
parcel a distance of 96.24 feet to a point in the existing south
right-of-way line of Loop 289;
4) THENCE, South 87°36'33" East along the existing south right-
of-way line of Loop 289 a distance of 318.00 feet to the point of
beginning.
TO HAVE AND TO HOLD for said purposes together with all and singular
the rights, privileges, and appurtenances thereto in any manner
belonging unto the said State of Texas forever.
IN WITNESS WHEREOF, this instrument is executed on this the 13th day
of October, 1988.
City of Lubbock
/s/ B. C. McMinn
Mayor B. C. McMinn
October 13, 1988
Page 669
ACKNOWLEDGMENT
THE STATE OF TEXAS,
COUNTY OF LUBBOCK
BEFORE ME, Olivia R. Solis, on this day personally
appeared B. C. McMinn, known to me (or proved to me on the oath of
, a credible witness,) to be the person(s) whose
name(s) is (are) subscribed to the foregoing instrument and
acknowledged to me that he/she they executed the same for the
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This 13th day of
October, A.Q. 198B.
Is/ Olivia R. Solis
Notary Public, State of Texas
Olivia R. Solis
My Commission expires on the 30th
day of November, 1989.
ACKNOWLEDGMENT
THE STATE OF TEXAS,
COUNTY OF LUBBOCK
BEFORE ME, , on this day
personally appeared known to me (or
proved to me on the oath of a credible witness,) to
be the person(s) whose name(s) is (are) subscribed to the foregoing
instrument and acknowledged to me that he/she they executed the same
for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of
, A.Q. 19
UTILITY JOINT USE AGREEMENT
THE STATE OF TEXAS
COUNTY OF TRAVIS
Notary Public, State of Texas
My commission expires on the
day of ,
19
COUNTY OF LUBBOCK
PROJECT 1-21-1(8)305
ACCT. NO. 9005-27-13
HIGHWAY IH 27; 0067-01-063
LIMITS: FROM LOOP 289
NORTH TO SOUTH TO 19TH
STREET
WHEREAS, the State of Texas, hereinafter called the State, acting by
and through the State Department of Highways and Public
Transportation, proposes to make certain to any property rights it
may have on, along or across, and within or over such limits of the
highway right of way as indicated on the plans attached to Utility
Agreement as executed by Owner on the 13th day of February, 1986, or
on location sketches attached hereto except as provided below.
October 13, 1988
Page 670
NOW, THEREFORE, it is hereby mutually agreed that joint usage for
both highway and utility purposes will be made of the area within the
highway right of way limits as such area is defined and to the extent
indicated on the aforementioned plans,or sketches. Where Owner by
reason of ownership of an easement or fee title or otherwise under
law has the right to alter, modify or add to facilities presently
located within the area above described or construct additional
facilities therein, such right is hereby retained, provided, however,
if existing facilities are to be altered or modified or new
facilities constructed within said area the Owner agrees to notify
the State Department of Highways and Public Transportation prior
thereto, to furnish necessary sketches showing location, type of
construction, and methods to be used for protection of traffic, and
if, in the opinion of the State Department of Highways and Public
Transportation, such alteration, modification, or new construction
will injure the highway or endanger the traveling public using said
highway, the State Department of HIghways and Public Transportation
shall have the right, within 30 days after the receipt of such
notice, to prescribe such regulations as necessary for the protection
of the highway facility and the traveling public using said highway;
provided further, however, that such regulations shall not extend to
the requiring of the placement of intended overhead lines underground
or the routing of any lines outside of the area of joint usage above
described.
OWNER hereby agrees that access for servicing its facilities normally
will be limited to access via (a) Frontage roads where provided (b)
Nearby or adjacent public roads and streets, or (c) Trails along or
near the highway right of way lines, connecting only to an
intersecting road; from any one or all of which entry may be made to
the outer portion of the highway right of way. Where supports,
manholes, or other appurtenances of the Owner's facilities are
located in medians or interchange areas, access to them from the
through -traffic roadways or ramps will be permitted but only by
permits issued by the State to the Owner setting forth the conditions
for policing and other controls to protect highway users. If an
emergency situation occurs, and the usual means of access for service
operations as herein provided will not permit the immediate action
required by the Owner in making emergency repairs as required for the
safety and welfare of the public, the Owner shall have a temporary
right of access to and from the through -traffic roadways and ramp as
necessary to accomplish the required emergency repairs.
Participation in actual costs incurred by the Owner for any future
relocation or adjustment of utility facilities required by highway
construction shall be in accordance with and to the extent possible
under applicable laws of the State of Texas. Except as expressly
provided herein, (1) The Owner's rights of access to the through -
traffic roadways and/or ramps shall be subject to the same rules and
regulations as apply to the general public, and (2) The Owner and the
State, by the execution of this agreement, do not waive or relinquish
any right which they may have under the law or Constitution, State or
Federal.
October 13, 1988
Page 671
In the event the Owner fails to comply with the requirements as set
out herein, the State may take such action as it deems appropriate to
compel compliance.
IN WITNESS HEREOF, the parties hereto have affixed their signatures.
STATE OF TEXAS
State Department of Highways
and Public Transportation
s
for District Engineer
/s/ Billy S. Owens
Right of Way Engineer
12 2 8
Date
OWNER: CITY OF LUBBOCK
By: /s/ B. C. McMinn
B.C. McMINN
Title: Mayor
Date: 10-13-88
ATTEST: /s/ Ranette Boyd
Ranette Boyd
City Secretary
This item is in conjunction with the utility
relocation project ahead of I-27 (from 48th to
78th). The project has been completed and these
forms are a routine requirement by the State
before final billing can be considered. Staff
recommended approval.
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker t❑ authorize Resolution
#2929 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
88-47B-671-601
(17.) Consider a Resolution authorizing the Mayor to
execute a contract with Choctaw Partners for the
purchase of gas.
Mayor Pro Tem Baker announced that by consensus,
Council will hold action on this item for a
future meeting to allow addition time for
finalizing the Contract.
88-47B-671-602
(19.) BID #9917--Miscellaneous valves (Central
Warehouse.)
C & C Municipal Supply--400 3/4" 90D meter
coupling; 1-3".
Western Industrial Supply--150 4/3" 90D male
adapter.
Marta Co.--2-4" flanged check valve; 44" flanged
gate valve; 25 2" gate valve.
Transtex Supply Co., Odessa--19 12" MJ gate
valve.
Motion was made by Councilman Maloy, seconded by
Councilman Patterson to accept low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
October 13, 1988
Page 672
88-47B-672-603
(20.) BID #9676--Street sweeper Streets Department).
Yellowhouse Machinery Co.--2 Street sweeper as
per spec. 911-A.
Motion was made by Councilman Maloy, seconded by
Councilman Patterson to accept low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
88-47B-672-604
(21.) Consider the approval of Community Development
Contingency Funds for the develo ment of the
Barrier Free Park.
Included in the 1987-88 Community Development
program was the Phase II of the development of
the Barrier Free Park at Maxey Park. This
project will include play equipment, water
fountains, shade structures, bell/chime tower and
a scent garden and all of the equipment and
structures will be specifically designed for the
handicapped populations.
The original project budget was $85,000 which is
jointly funded by St. Mary 's of the Plains
Hospital, the Southwest Rotary Club and the City
of Lubbock. The original funding was $25,000
from CDBG and $30,000 from St. Mary's and $30,000
from the Southwest Rotary Club.
The bids for this project were opened on
September 13, 1988 and the low bid was submitted
by Brown McKee for $96,418.50. The combination
of the higher bid price, preliminary charges
which have already been incurred to the project,
and additional anticipated costs not included in
the bid, have increased the total project costs
to $107,000. The Southwest Lubbock Rotary Club
and St. Mary's Hospital have allocated an
additional $2,000 each to partially cover the
additional costs. It is requested that the
Community Development portion be increased to
$43,000 in order to complete the project.
This allocation of $18,000 will decrease the
Community Development Contingency Fund balance
from $248,097 to $230,097. Staff recommended
approval.
Motion was made by Councilman Patterson, seconded
by Councilman Maloy to allocate $43,000 from CD
Contingency Funds for the City's share of funding
this project. Motion carried: 7 Yeas; 0 Nays.
88-47B-672-605
(22.) BID #9895--Barrier free playground. and authorize
same Parks and Recreation).
Awarded to Brown -McKee Inc.--1 Barrier Free
Playground.
October 13, 1988
Page 673
RESOLUTION #2930
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of
Lubbock a Contract by and between the City of Lubbock and Brown -
McKee, Inc. for barrier free playground, attached herewith, which
shall be spread upon the minutes of the Council and as spread upon
the minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
Passed by the City Council this 13th day of October, 1988.
ATTEST:
/s1 Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Is1 Gene Eads
Gene Fads, Purchasing Manager
STATE OF TEXAS
COUNTY OF LUBBOCK
Isl B. C. McMinn
B.C. McMINN, MAYOR
APPROVED AS TO FORM:
ZsZ Harold Willard
Harold Willard, Assistant City
Attorney
CONTRACT
THIS AGREEMENT, made and entered into this 13th day of October
1988 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 Brown -McKee, Inc. of
the City of Lubbock, County of Lubbock, and the State of Texas,
hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the
OWNER and under the conditions expressed in the bond bearing even
date herewith (if any) the CONTRACTOR hereby agrees with OWNER to
commence and complete the construction of certain improvements
described as follows:
BID NO. 9895 - BARRIER -FREE PLAYGROUND IN THE TOTAL AMOUNT OF
$96,418.50
and all extra work in connection therewith, under the terms as stated
in the contract documents and at his (or their) ❑wn 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 CONTRACTDR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
October 13, 1988
Page 674
contract documents and to make payment on account thereof as provided
therein.
IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in Lubbock, Lubbock County, Texas in the year and day
first above written.
ATTEST:
Isj Ranette Boyd
APPROVED AS TO CONTENT:
Is/ Rusty Black
ATTEST:
Is/ Rusty Black
COMPLETE ADDRESS:
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ B. C. McMinn
APPROVED AS TO FORM:
Is1 Donald G. Vandiver
BROWN-MCKEE, INC.
CONTRACTOR
By: Is1 J. E. Seat'
TITLE: Vice President
Brown -McKee, Inc., P. O. Box 3279, Lubbock, TX 79452
Motion was made by Councilman Patterson, seconded
by Councilman Maloy to authorize Resolution #2930
as recommended by Staff. Motion carried: 7 Yeas;
0 Nays.
88-47B-574-606
(23.) BID #9913--I-27 Utility Adjustments -Phase _V,_and
authorize same (Water Utilities_ Engineering).
Awarded to Rhode Pipe Company--I-27 Utility
Adjustments Phase V (19th Street to 48th Street).
RESOLUTION #2931
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of
Lubbock a Contract by and between the City of Lubbock and Rhode Pipe
Company for I-27 Utility Adjustments --Phase V, attached herewith,
which shall be spread upon the minutes of the Council and as spread
upon the minutes of this Council shall constitute and be a part of
this Resolution as if fully copied herein in detail.
Passed by the City Council this 13th day of October, 1988.
ATTEST:
Ise Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
L l Gene Fads
Gene Eads, Purchasing Manager
/s/ B. C. McMinn
B.C. McMINN, MAYOR
APPROVED AS TO FORM:
Ise Harold Willard
Harold Willard, Assistant City
Attorney
October 13, 1988
Page 675
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 13th day of October,
1988 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 Rhode Pipe Company of
the City of Lubbock, County of Lubbock, and the State of Texas,
hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the
OWNER and under the conditions expressed in the bond bearing even
date herewith (if any) the CONTRACTOR hereby agrees with OWNER to
commence and complete the construction of certain improvements
described as follows:
BID NO. 9913 - I-27 UTILITY ADJUSTMENTS, PHASE V (19TH STREET TO 48TH
STREET) IN THE TOTAL AMOUNT OF
and all extra work in connection therewith, under the terms as stated
in the contract documents and at his (or their) own proper cost and
expense to furnish all materials, supplies, machinery, equipment,
tools, superintendence, labor, insurance and other accessories and
services necessary to complete the said construction in accordance
with the contract documents as defined in the General Condition of
Agreement.
The CONTRACTOR hereby agrees to commence work within ten days
after the date written notice to do so shall have been given to him
and to substantially complete same within the time specified in the
contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment on account thereof as provided
therein.
IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in Lubbock, Lubbock County, Texas in the year and day
first above written.
ATTEST:
Isl Ranette Boyd
APPROVED AS TO CONTENT:
Is/ Sam Wahl
ATTEST:
I sZ Carol Martin
COMPLETE ADDRESS:
P.O. Box 53370, Lubbock, TX 79453
CITY OF LUBBOCK, TEXAS (OWNER)
I5I B. C. McMinn
APPROVED AS TO FORM:
s Donald G. Vandiver
RHODE PIPE COMPANY
CONTRACTOR
By: Carman G. Rhode
TITLE: President
Motion was made by Councilman Patterson, seconded
by Councilman Maloy to authorize Resolution #2931
as recommended by Staff. Motion carried: 7 Yeas;
0 Nays.
October 13, 1988
Page 676
88-47B-676-607
(24.) BID #9885--1250 GPM pumper trucks --fire engines
(Fire Department).
Quality Manufacturing Inc., Talladega, AL.--4
1250 GPM pumper trucks as per spec 745.
Motion was made by Councilman Patterson, seconded
by Councilman Maloy to accept low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
88-47B-676-608
(25.) BID 49918
Graybar Electric Co., Amarillo--36 7200V 100KVAR
capacitors; 36 7620V 100 KVAR capacitor;
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker to accept low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
88-47B-676-609
(26.) BID 49907--Abandoned vehicle removal, and
authorize same (Police Department).
Awarded to R.P.'s Towing, Inc. --Annual price for
abandoned vehicle removal and storage (per
vehicle).
RESOLUTION #2932
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of
Lubbock a Contract by and between the City of Lubbock and R. P.'s
Towing, Inc. for abandoned vehicle removal, attached herewith, which
shall be spread upon the minutes of the Council and as spread upon
the minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
Passed by the City Council this 13th day of October, 1988.
ATTEST:
Ise Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Is/ -Gene Eads
Gene Eads, Purchasing Manager
Zs/ B. C. McMinn
B.C. McMINN, MAYOR
APPROVED AS TO FORM:
Is/ Harald Willard
Harald Willard, Assistant City
Attorney
October 13, 1988
Page 677
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
AGREEMENT TO REMOVE AND STORE ABANDONED MOTOR VEHICLES
THIS AGREEMENT, made and entered into this 13th day of October,
1988 by and between the CITY OF LUBBOCK, located in Lubbock County,
Texas, acting by and through B. C. McMINN, Mayor of said CITY,
authorized to do so, and hereinafter referred to as the CITY, and
R.P.'s Towing, Inc. located in Lubbock County, Texas, hereinafter
referred to as WRECKER, for the purpose of the removal, preservation
and storage of abandoned motor vehicles within the City of Lubbock,
Texas.
DEFINITIONS
In this Agreement:
1. "Abandoned motor vehicle" means a motor vehicle that is
inoperable and more than eight years old and left
unattended on public property for more than 48 hours, or
a motor vehicle that has remained illegally on public
property for a period of more than 48 hours, or a motor
vehicle that has remained on private property without the
consent of the owner or person in control of the property
for more than 48 hours, or a motor vehicle left
unattended on the right-of-way of a designated county,
state, or federal highway within the State of Texas for
more than 48 hours or for more than 12 hours on a
turnpike project constructed and maintained by the Texas
Turnpike Authority, or a motor vehicle left for more than
ten (10) days in a storage facility operated for
commercial purposes after notice is given by registered
or certified mail, return receipt requested, to the owner
and to any lien holder of record under the Certificate of
Title Act (Article 6687-1, Vernon's Texas Civil Statutes)
to pick up the vehicle, or for more than ten (10) days
after a period when under a contract the vehicle was to
remain on the premises of the storage facility, or a
motor vehicle left for more than ten (10) days in a
storage facility by someone other than the registered
owner or by a person authorized to have possession of the
motor vehicle under a contract of use, service, storage,
or repair.
2. "Storage facility" means a garage, parking lot, or any
type of facility or establishment for the servicing,
repairing, storing, or parking of motor vehicles.
3. "Motor vehicle" means a motor vehicle subject to
registration under the Certificate of Title Act (Article
6687-1, Vernon's Texas Civil Statutes).
4. "Remove" means to pick up a motor vehicle pursuant to
this Agreement and remove said vehicle from public or
private property at the request of the CITY.
5. "CITY" includes the City of Lubbock Police Department or
other law enforcement officers acting pursuant to their
lawfully vested authority.
6. "Preserve" means to take reasonable measures necessary to
protect a motor vehicle and its inventoried contents from
weather conditions, theft, fire, vandalism and acts of
negligence perpetrated by WRECKER or any third parties.
October 13, 1988
Page 678
7. "Store" or "storage" means to park or hold or possess a
motor vehicle pursuant to this Agreement.
TERMS AND CONDITIONS
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be paid and performed by the
hereinabove parties and under the conditions expressed in this
Agreement, said parties HEREBY AGREE to the following terms and
conditions:
1. This Agreement and all supplements and agreements
incidental thereto shall be construed by and governed by
the ordinances of the City of Lubbock and the laws of the
State of Texas.
2. WRECKER shall remove, preserve and store any and all
abandoned vehicles designated to be picked up at the
CITY'S written request. Such vehicles shall be removed
by WRECKER within forty-eight (48) hours after WRECKER
receives written notice of CITY'S request for removal,
preservation and storage. This notice shall be on a form
provided by CITY.
3. WRECKER shall store all vehicles in question in a storage
area completely enclosed by a fence not less than six (6)
feet in height, topped with barbed or safety wire, and
lighted by not less than two (2) mercury vapor lights
illuminating the entire storage area. Vehicles shall be
stored not less than two (2) feet apart and arranged to
accommodate safe and prompt removal upon request. Such
storage area shall be maintained within the City ❑f
Lubbock's police jurisdiction.
4. WRECKER shall not remove a vehicle from its storage
facility, return a vehicle to its owner or in any other
way settle charges or claims with a vehicle owner without
the prior written consent of CITY. WRECKER shall
preserve, store and retain possession of any and all
vehicles held under this Agreement until CITY releases
such by written approval.
5. WRECKER shall keep records pertaining to the removal,
preservation and storage of any and all vehicles pursuant
to this Agreement, including towing costs, storage costs
and other incidental expenses pertaining to such
vehicles. Such records shall be available to CITY upon
request.
6. WRECKER shall provide CITY with a performance bond in the
amount of $10,000.00. WRECKER shall further provide and
keep in effect an insurance policy in an amount
equivalent to cover liability for loss due to fire,
theft, vandalism, and/or negligence by WRECKER. CITY may
request and, upon request, shall be supplied proof of
such insurance coverage in such amount to adequately
cover such liability.
7. WRECKER shall make its storage facility available a
minimum of one Saturday each month for an abandoned
vehicle auction to be conducted by CITY, and WRECKER
shall honor all reasonable requests by CITY intended to
ensure that such auctions are conducted fairly. CITY
alone shall determine the exact order in which vehicles
will be auctioned.
October 13, 1988
Page 678
7. "Store" or "storage" means to park or hold or possess a
motor vehicle pursuant to this Agreement.
TERMS AND CONDITIONS
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be paid and performed by the
hereinabove parties and under the conditions expressed in this
Agreement, said parties HEREBY AGREE to the following terms and
conditions:
1. This Agreement and all supplements and agreements
incidental thereto shall be construed by and governed by
the ordinances of the City of Lubbock and the laws of the
State of Texas.
2. WRECKER shall remove, preserve and store any and all
abandoned vehicles designated to be picked up at the
CITY'S written request. Such vehicles shall be removed
by WRECKER within forty-eight (48) hours after WRECKER
receives written notice of CITY'S request for removal,
preservation and storage. This notice shall be on a form
provided by CITY.
3. WRECKER shall store all vehicles in question in a storage
area completely enclosed by a fence not less than six (6)
feet in height, topped with barbed or safety wire, and
lighted by not less than two (2) mercury vapor lights
illuminating the entire storage area. Vehicles shall be
stored not less than two (2) feet apart and arranged to
accommodate safe and prompt removal upon request. Such
storage area shall be maintained within the City of
Lubbock's police jurisdiction.
4. WRECKER shall not remove a vehicle from its storage
facility, return a vehicle to its owner or in any other
way settle charges or claims with a vehicle owner without
the prior written consent of CITY. WRECKER shall
preserve, store and retain possession of any and all
vehicles held under this Agreement until CITY releases
such by written approval.
5. WRECKER shall keep records pertaining to the removal,
preservation and storage of any and all vehicles pursuant
to this Agreement, including towing costs, storage costs
and other incidental expenses pertaining to such
vehicles. Such records shall be available to CITY upon
request.
6. WRECKER shall provide CITY with a performance bond in the
amount of $10,000.00. WRECKER shall further provide and
keep in effect an insurance policy in an amount
equivalent to cover liability for loss due to fire,
theft, vandalism, and/or negligence by WRECKER. CITY may
request and, upon request, shall be supplied proof of
such insurance coverage in such amount to adequately
cover such liability.
7. WRECKER shall make its storage facility available a
minimum of one Saturday each month for an abandoned
vehicle auction to be conducted by CITY, and WRECKER
shall honor all reasonable requests by CITY intended to
ensure that such auctions are conducted fairly. CITY
alone shall determine the exact order in which vehicles
will be auctioned.
October 13, 1988
Page 679
8. From the proceeds of the sale at auction of any or all
motor vehicles pursuant to this Agreement, CITY shall be
entitled to reimburse itself for auction expenses, towing
costs, preservation and storage costs and all notice and
publication costs incurred. WRECKER shall not collect
any monies from the sale at auction of any vehicles
removed and/or stored pursuant to this Agreement except
that this proscription of this Agreement shall not apply
to motor vehicles left for more than ten (10) days in a
storage facility operated for commercial purposes or
motor vehicles stored pursuant to contracts for storage
entered into between said vehicles' owners or operators
and the owner or operator of any storage facility.
9. WRECKER shall hold CITY free from any liability or
responsibility for the acts of WRECKER or its authorized
agents or employees in the performance of any terms and
conditions of this Agreement or for services rendered by
WRECKER.
10. CITY shall pay WRECKER $12.00 per motor vehicle to
remove, preserve and store such vehicle pursuant t❑ the
terms and conditions of this Agreement.
11. The term ❑f this Agreement shall be from the loth day of
October, 1988 until the 10th day of October, 1989, and
WRECKER herein agrees to dispose of all motor vehicles
removed and stored pursuant to this Agreement and still
on hand at the expiration of this Agreement in accordance
with CITY'S instructions and at no additional cost to the
CITY or the owners or operators of such vehicles.
12. WRECKER shall hold in its possession any and all
inventories while in possession of any and all motor
vehicles pursuant to this Agreement until authorized to
release such inventories by CITY.
13. At the option of CITY, this Agreement may be immediately
terminated if WRECKER violates any provision of the Texas
Vehicle Storage Facility Act, the Texas Tow Truck Act,
the City of Lubbock Wrecker Ordinance, or any rules or
regulations promulgated pursuant to said Acts or said
Ordinance.
October 13, 1988
Page 680
IN WITNESS WHEREOF, the parties to these presents have agreed
upon and executed this AGREEMENT TO REMOVE AND STORE ABANDONED
VEHICLES this 13th day of October, 1988.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
CITY OF LUBBOCK, TEXAS
(CITY)
Isl B. C. McMinn
B. C. McMinn, Mayor
APPROVED AS TO FORM:
/s/ Thomas Nichols /s/ Harold Willard
Thomas J. Nichols, Chief Harold Willard, Assistant
of Police City Attorney
R.P.'s Towing, Inc. (WRECKER)
BY: Is1 Bob Turner
TITLE: Vice President
COMPLETE ADDRESS:
Box 64671, 711 Erskine
Lubbock, TX 79464
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker t❑ authorize Resolution
#2932. Motion carried: 7 Yeas; 0 Nays.
88-47B-680-610
(27.) BID #9934--SCADA metering hardware Electric
Distribution).
Advanced Control Systems, Atlanta, GA--4
Intecolor CRT Model 8815 with special function
keyboard, light pen including port license and
required cabling; I Epson FX-86 printer to
include port license, graphics, required cabling;
I lt. Multiplexer and modems to implement both of
the above quoted printer and CRT over one leased
communications line to include all required
cabling.
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker to accept low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
88-47B-680-611
(28.) BID #9935--Yearly pricing for crane services
(Electric Distribution).
Trumble Crane and Rigging --Hydraulic cranes,
conventional cranes, Loboys with truck, and
labor.
October 13, 1988
Page 681
88-47B-681-612
(4. )
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker to accept low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
Cary Lewis appeared to present a request to
obtain a permit to operate a Limousine Service
within the City of Lubbock. Mr. Lewis initially
plans to operate a 1981 Cadillac Sedan DeVille
limousine in his limousine business with plans to
expand in the future.
David Morales, of KRLB, Robbie Robertson, and
Frankie King all spoke in favor of this request.
Jim Sexton, Sexton Enterprises, stated he did not
oppose the permit. His request was that the
permit be issued stipulating that Mr. Lewis be
restricted to operate his business on an hourly
basis. Mr. Lewis stated his concurrence with
this.
Staff memo to Council advised that Section 31-59
of Ordinance #8167 requires the City Council to
hold a Public Hearing on applications to consider
whether the public convenience and necessity
would be served by the issuance of the permit.
The City Council should take into consideration:
(a) the financial responsibility of the
applicant; (b) number, kind and type of equipment
and the color scheme to be used by the applicant;
(c) the probable effect of increased service on
the local traffic conditions; (d) whether the
safe use of the streets of and by the public,
both vehicle and pedestrian, will be endangered
unduly by the granting of the proposed additional
service; (e) the character, experience and
respon-sibility of the applicant; (f) whether the
applicant is fit, able and willing to perform the
service on a regular and continual basis.
In order to determine the applicant's financial
history, Mr. Lewis' personal credit history was
reviewed. The results of Mr. Lewis' personal
credit history revealed no bad debts or late
charges. Mr. Lewis is currently employed by John
Deere Life Insurance, Route 3, Box 8, Slaton,
Texas, as an office manager and lists his monthly
income at $2,800. According to Mr. Lewis'
financial obligations, he has debts totalling
approximately $1,278 per month. Although Mr.
Lewis is the office manager for John Deer Life,
he has never owned or operated a business, and
therefore, has no business credit history. The
results of Mr. Lewis' personal credit history
revealed no bad debts or late charges.
A routine criminal history and driving record
history revealed Mr. Lewis to have no warrant
record or criminal history, but his driving
record shows three speeding tickets - one in
1984, one in 1985 and one in 1986. All of the
October 13, 1988
Page 682
character references submitted by Mr. Lewis were
contacted and Mr. Lewis was found to be of good
character with a solid work background.
Trent Petty, Assistant to the City Manager
reported that Mr. Lewis is in compliance with the
requirements concerning insurance coverage and,
pending approval by the City Council, will
provide a performance Bond before being issued
the limousine permit.
Concerning rate structures, Mr. Lewis proposes
the following rate structure according to the
various zones set out by the Lubbock Code:
Hourly charge on weekdays equals $43 an
hour plus 15% gratuity.
Hourly charge on weekends equals $45 an
hour plus 15% gratuity.
Individual calls from zones one through
four Mr. Lewis will be $15 per trip
Individual calls from zone five will be
$20 per trip.
NOTE: These fares reflect a per -trip charge
rather than a per -person charge.
Mr. petty stated that Mr. Lewis has met all of
the requirements of the limousine ordinance,
except submitting a performance bond which he
will submit if Council approves the permit.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Phillips to approve issuance of a
Limousine Permit to Executive Coach Limousine
Service with the understanding that charges be on
an hourly basis and that service to the Airport
may be only by reservation and charged at the
hourly rate. Motion carried: 7 Yeas; 0 Nays.
88-47B-682-613
(18.) Hold an Executive Session on personnel matters_ to
discuss appointments to:
Sister City Advisory Board
Young Community Leaders Project Study
Committee
88-47B-682-614
(29.) Consider eleven appointments to the Sister City
Advisory Board.
At the September 22, 1988 Regular Council
Meeting, Council approved Resolution 2918
establishing a Sister City Advisory Board. This
advisory board was created to determine the
feasibility for establishing a comprehensive
Sister City Program in Lubbock. The advisory
board will consist of 11 members selected by the
City Council. The Chairman of the Advisory Board
shall be selected by the Mayor from the 11 agreed
upon representatives appointed by the City
Council.
October 13, 1988
Page 683
The Sister City Advisory
active until completing
the resolution.
Board shall remain
the charge outlined in
Motion was made by Councilman Phillips, seconded
by Councilman Maloy appointing Bob Sweazy, Dr.
Jerry Perrin, Jim Sims, John Lowey, Maggie Trejo,
Sam Hill, Billie Caviel, Adolph Hanslik, Kyle
Fulton, Esther Sepeda, and Greg Garrison to the
Sister City Advisory Board and that Mayor McMinn
select a Chair from those appointed. Motion
carried: 6 Yeas; 0 Hays --Councilwoman Trejo
absent from the Council Chambers.
88-478-683-615
(30.) Consider seven members to the Young Community
Leaders Project Study Committee.
At the request of the 1988 Lubbock: 2005
Committee, Council approved Resolution 2919
establishing a Young Community Leaders Project
Study Committee. This committee was created to
target young adults (approximately ages 18
through 31 years of age) to provide leadership
skill training for these potential leaders and
build a leadership base focusing on ethnic
minorities and younger persons. This committee
will consist of seven members with one member
from the City Council serving on the committee.
The Young Community Leaders Projects Study
Committee is to begin its work as soon as
practicable after its appointment and shall
forward its written report and recommendations to
the Mayor and City Council before January 30,
1989. The committee is to serve at the will of
the City Council until such time as the City
Council determines the work of the committee is
completed.
Motion was made by Councilman Phillips, seconded
by Councilman Carpenter appointing Gary Phillips,
Lucy Gutierrez -Brown, Cathy Morton, Kay Stiner,
Rev. William Williams, Carolyn Lanier, and Ron
Bailey to the Young Community Leaders Project
Study Committee and that Mayor McMinn select one
of these members to Chair the Committee. Motion
carried: 6 Yeas; 0 Nays --Councilwoman Trejo
absent from the Council Chambers.
October 13, 1988
Page 684
There being no further business to come before Council, motion was
made by Councilman Carpenter, seconded by Councilman Patterson to
adjourn the meeting at 10:59 a.m. Motion carried: 6 Yeas; 0 Nays --
Councilwoman Trejo absent from the Council Chambers.
B. C. McMINN, MAYOR
ATTEST:
4J
Ranet_e Boyd, City Secretary
READ AND APPROVED THIS 27TH DAY OF OCTOBER, 1988.
S. C. McMINN, MAYOR
ATTEST:
Ranet-e Boyd, City Sec etary
R- 341
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me rr _ U a Notary Public in and for Lubbock County, T
personally appeared �w u i; 3 �{ C c[ j si t l l a r; c& r of the South►
pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning. Evening ai
being by me duly sworn did depose and say that said newspaper has been published contin
than fifty-two weeks prior to the first insertion of this
No.82b;)11? at Lubbock County, Texas and th
ed copy of the a t ice is a true copy of the original and was printer
Avalanche -Journal on the following dates:
179 3or-,18 [I .d$ = `i:.57. 2
Acr-r,u 1i 'Mn ap-c.r
LUBBOCK AVALANCHE -JOURNAL
Southwestern [Newspapers Corporation
Subscribed and sworn to before me this 24— day of 3C � i r , 193j
FORM 58-10
ORDINANCE o-mg
AN ORDINANCE AMEND-
ING ZONING ORDINANCE NO.
70B4 AND THE OFFICIAL MAP
OF THE CITY OF LUBBOCK
MAKING THE FOLLOWING
CHANGES, IONE CASE NO. 2302-
B; A ZONING CiiANGE FROM A-
2 TO R•1 ZONING ON TRACT D.
MEADOWS ADDITION. LUB-
BOCK, TEXAS; PROVIDING A
PENALTY; PROVIDING A SAV-
INGS CLAUSE AND PROVIDING
FOR PUBLICATION.
ORDINANCE OM
AN ORDINANCE AMEND-
ING ZONING ORDINANCE NO.
"U AND THE OFFICIAL MAP
OF THE CITY OF LUBBOCK
MAILING THE FOLLOWING
CHANGES: IONE CASE NO. 1490
K; AMEND ORDINANCE NO.
7n33•A BY REPLACING CONDI-
TIONS OF THE SITE PLAN CON-
CERNING A SCREENING
WITH NEW CONDITIONS ON
TRACT 1-A AND TRACT -A.
LESS CIS' SOUTH. FIESTA;
AUTOLAND ADDITION, LUB-
BOCK, TEXAS; SUBJECT TO
AMENDED CONDITIONS: PRO-
VIDING A PENALTY; PROVIM
ING A SAVINGS CLAUSE AND,
PROVIDING FOR PUBLICA-
TION.
ORDINANCE I9" M
AN ORDINANCE AMEND-
ING ZONING ORDINANCE NO.
f04 AND THE OFFICIAL MAP
OF THE CITY OF LUBBOCK
MAKING THE FOLLOWING
CHANGES; ZONE CASE NO. 2"7-
A; A IONIING CHANGE FROM C-
7A TO C-2IONING ON LOTS 12.14
AXE•HENDERSON ADDITION.
LUBBOCK. TEXAS; PROVIDING
A PENALTY; PROVIDING A
SAVINGS CLAUSE AND PROVID•
ING FOR PUBLICATION.
R-341