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HomeMy WebLinkAboutMinutes - City Council - Regular - 11/10/1988709 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING MINUTES NOVEMBER 10, 1988 The City Council of the City of Lubbock, Texas met in regular session on the 10th day of November, 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 McMinn called the meeting to order at 9:00 a.m. { 1.} The Invocation was given by City Secretary Ranette Boyd. { 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 Phillips to approve the Minutes of the October 27, 1988 Regular City Council meeting as written. Motion carried: 7 Yeas; 0 Nays ( 4.) 88-47B-709-639 ( 5•) Citizen Appearances ORDINANCE #9234 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF Lubbock MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1542-M; AMEND ORDINANCE NO. 7814 BY REPLACING THE SITE PLAN AND CONDITIONS WITH A NEW SITE ON ALL OF BLOCK 2, FURR-WOLF ADDITION, Lubbock, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilwoman Trejo, seconded by Councilman Patterson to pass on second and final reading Ordinance #9234. Motion carried: 7 Yeas; 0 Nays. 88-47B-709-640 ( 6.) ORDINANCE #9235--Zone Case #2468-B (located at Addition. November 10, 1988 Page 710 ORDINANCE #9235 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF Lubbock MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2468-B; A ZONING CHANGE FROM AM TO AM SPECIFIC USE PERMIT FOR A MEDICAL CENTER GUESTHOUSE ON LOTS 7 & 8, AIM FLOYD ADDITION, Lubbock, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilwoman Trejo, seconded by Councilman Patterson to pass on second and final reading Ordinance #9235. Motion carried: 7 Yeas; 0 Hays. 88-47B-710-641 7.) ORDINA #9236--Zone Case #1968-D located on southeast corner of 4th Street and Raleigh Avenue) --Request of Lloyd Croslin — Jr. -(for his a odBank) for zoning change from C-3 to C-3 Specific Use on Tract B-1. Rushland Park Addition. ORDINANCE #9236 AN DRDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF Lubbock MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1968-D; A ZONING CHANGE FROM C-3 TO C-3 SPECIFIC USE PERMIT FOR A BANK ON TRACT B-1, RUSHLAND PARK ADDITION, Lubbock, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilwoman Trejo, seconded by Councilman Patterson to pass on second and final reading Ordinance #9236. Motion carried: 7 Yeas; 0 Hays. 88-47B-710-642 ( B.) ORDINANCE #9237--Zone Case #2269-L (located south of 84th Street between Orlando Avenue and -Memphis Avenue) --Request of Richard and Leona Webb for zoning change from AM Specific Use t❑ GO on _a tract of land ❑ut of Section 14, Block E-2._ ORDINANCE #9237 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF Lubbock MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2269-L; A ZONING CHANGE FROM AM SPECIFIC USE TO GO ZONING ON A TRACT OF LAND OUT OF SECTION 14, BLOCK E-2, Lubbock, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilwoman Trejo, seconded by Councilman Patterson t❑ pass on second and final reading Ordinance #9237. Motion carried: 7 Yeas; 0 Hays. November 10, 1988 Page 711 88-47B-711-643 { 9.) ORDINANCE #9233--Abandoning-and closing an Underground Utility Easement located in Section 36 Block A-K. ORDINANCE #9233 AN ORDINANCE ABANDONING AND CLOSING AN UNDERGROUND UTILITY EASEMENT LOCATED IN SECTION 36, BLOCK A-K TO THE CITY OF Lubbock, Lubbock COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN 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. 88-47B-711-644 (10.) Motion was made by Councilwoman Trejo, seconded by Councilman Patterson to pass on second and final reading Ordinance #9233. Motion carried: 7 Yeas; 0 Nays. RESOLUTION #Z94-2 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 said City the Cover (title) Sheet for the State of Texas Department of Highways and Public Transportation plans and specifications for the construction of the replacement of a bridge facility and approaches located at E. 26th Street between Globe Avenue and Oak Avenue in the City of Lubbock, Lubbock County, Texas. Passed by the City Council this loth day of November, 1988. ATTEST: IsI Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is1 Larry Hertel Larry D. Hertel, City Engineer s B. C. McMinn B.C. McMINN, MAYOR APPROVED AS TO FORM: Is1 J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney Mel Pope, District Engineer, appeared to state that the Highway Department is providing engineering design and construction of this replacement of a City facility through the "1987- 1991 System Federal -Aid Bridge Replacement and Rehabilitation Program.", with the City is providing 20% of the total cost of this project. This is an off -system project of almost $2 million. The bridge is now deficient and needs replacing. November 10, 1988 Page 712 Frank Chetty, Project Engineer, gave a brief overview of the project. It is limited to some extent by Right -Of -Way, but no additional land will be acquired. The bridge will have 250' lanes with one sidewalk, a barrier rail adjacent to the sidewalk, and the surface will be asphalt. It will be closed during construction, which is projected to begin in April, 1989. Motion was made by Councilman Patterson, seconded by Councilman Maloy to authorize Resolution #2942 as recommended by Staff. Motion carried: T Yeas; 0 Nays. 88-47B-712-645 {11.] Consider Resolution #2943 accepting paving improvements constructed by Kerr Construction Company in Faith Baptist Church Addition Tract "A" RESOLUTION #2943 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Faith Baptist Church Addition, Tract "A", made arrangements with Kerr Construction 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 the above -mentioned addition including the following streets: W 1/2 Homestead Avenue from its intersection with the North raw edge of 66th Street to its intersection with a line 634.10 feet North of NPL of 66th Street including 309.60 feet of street dedication North of Tract "A" known and designated as New Subdivision Sub -Unit Number 38 of Unit Number 2033. N 1/2 of 66th Street from its intersection with the centerline of Homestead Avenue to its intersection with a line 318 feet West of centerline of Homestead Avenue (C & G only) known and designated as New Subdivision Sub -Unit Number 39 of Unit Number 2033; 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 1331; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Lubbock: SECTION 1. 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 notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after its passage. November 10, 1988 Page 713 Passed by the City Council this 10th day of November, 1988. s B. C. McMinn B. C. McMINN, MAYOR ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: Is/ Larry -Hertel /sj J. Worth Fullingim Larry D. Hertel, City Engineer J. Worth Fullingim Assistant City Attorney 88-47B-713-646 (12.) This is a routine acceptance of paving improvements required at the time of platting the subdivision, which is situated between 66th Street and Spur 327 and west of Homestead Avenue. Staff recommended approval. Motion was made by Councilman Patterson, seconded by Councilman Maloy to authorize Resolution #2943 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Specifications. RESOLUTION #2944 A RESOLUTION PROVIDING FOR IMPROVEMENTS OF PORTIONS OF STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF Lubbock, TEXAS, AND ALONG THE BOUNDARY OF SAID CITY AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Lubbock: SECTION 1. THAT public necessity exists that the following portions of streets, highways, avenues and/or alleys in the City of Lubbock and along the boundaries thereof, be improved as herein provided, to -wit: ALLEY (10' WIDE) NAME FROM TO E-W alley between Canton Avenue Elgin Avenue 23rd St. and 24th St. STREETS Quirt Avenue (64') 50th Street Slaton Hwy. 78th St. (361) Avenue "D" Avenue "F" 78th St. (36') Avenue "F" Tahoka Hwy. SECTION 2. THAT said portions of streets, highways, and avenues shall be improved by raising, grading, and filling same, by installing concrete curb and gutters, by installing storm sewers and drains where necessary, by installing a compacted base and by November 10, 1988 Page 714 surfacing with 1 1/2" asphaltic concrete surface. Alleys shall be improved by installing a ten (10) foot wide, 5" minimum depth reinforced concrete strip in the center of the alley right-of-way. SECTION 3. THAT the City Engineer is hereby directed to prepare plans and specifications for such improvements. SECTION 4. THAT such improvements in each unit shall be paid for in the following manner: (a) Railways and street railways using, occupying or crossing any portion of said streets, highways, avenues and/or alleys to be improved shall be assessed for and shall pay for all of the cost of the work in the area between their rails and tracks, double tracks, turnouts and switches and two feet on each side thereof. STREET IMPROVEMENTS (b) The abutting property and owners thereof shall pay and shall be assessed for all the cost of constructing curbs in front of such respective property and a part of the remaining cost of such improvements, after deducting the sums to be paid by the railways under sub -paragraph (a) above, provided, that such part of the cost assessed to the abutting property or owners thereof will not exceed 90% of the cost of the improvements plus the cost of the curb, and further provided that if it shall appear at the hearing, to be had before final assessment is made, that the special benefits to such property by way of enhancement value thereof by means of such improvements will not aggregate such proportion of the cost as specified above, then there shall be assessed and be paid by such abutting property and the owners thereof, a lesser amount not to exceed the benefits. ALLEY IMPROVEMENTS (c) The abutting property and owners thereof shall pay and shall be assessed for a part of the remaining cost of such improvements, after deducting the sums to be paid by the railways under sub -paragraph (a) above, in the following manner: All property will be assessed ninety (90) percent of the total construction cost. Said abutting property and owners thereof shall pay and be assessed for the cost of constructing alley paving improvements as specified above, provided, that if it shall appear at the hearing to be had before final assessment is made, that the special benefits to such property by way of enhancement value thereof by means of such improvements will not aggregate such proportion of the cost as specified above, then there shall be assessed and be paid by such abutting property and the owners thereof, a lesser amount not to exceed the benefits. (d) The remaining cost of said improvements after deducting the sums finally assessed against railways and street railways under sub -paragraph (a) hereby and against abutting property and the owners thereof under sub- paragraph (b) and (c) above, shall be paid by the City of Lubbock. SECTION 5. THAT the amounts assessed against and to be paid by railways and street railways for work between rails and tracks, and 2 feet on each side thereof shall be paid on estimates or statements on or before twenty (20) days after acceptance of the improvements in the unit in which the railway lies, by the City Council and shall bear interest from date due and until paid at the rate of Ma per annum. The amounts assessed against and to be paid by the abutting property and the owners thereof shall be payable in five (5) equal November 10, 1988 Page 715 installations, the first of which shall become due on or before twenty (20) days after completion and acceptance of the improvements in the unit on which the property abuts by the City Council; the second, third, fourth and fifth installments shall become due one, two, three, and four years respectively after completion and acceptance of the improvements in the unit upon which the property abuts, by the City Council and shall bear interest from the date of completion and acceptance until paid, at the rate of eight percent per annum on street improvements and eight percent per annum on alley improvements, payable annually, with provisions that if default be made in the payment of any installment promptly as the same matures; then at the option of the holder of such assessment of certificate issued in evidence thereof, such default shall mature the entire assessment upon which same is made. SECTION 6. THAT assessments shall be made and levied, and shall be a first and prior lien and personal liability for principal, interest, reasonable attorney's fees and costs of collection, if incurred, all under and in accordance with the Charter and amendments thereto, now in force in this City, and in accordance with the provisions of Article 1105B, Revised Civil Statutes of Texas as amended by Chapter 281 of the 52nd Legislature, and most recent amended by Chapter 176 Acts of the 60th Legislature. SECTION 7. THAT this Resolution shall take effect and be in force from and after its passage. SECTION 8. THAT Resolution No. 2712 passed by the City Council on January 14, 1988, is hereby repealed in its entirety, and the City Secretary shall so note such repeal in the records of the City Council. Passed by the City Council this 10th day of November, 1988. Isj B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: /s/ Larry Hertel Is/ J. Worth Fullingim Larry D. Hertel, City Engineer J. Worth Fullingim Assistant City Attorney Resolution #2944 repeals Resolution #2712 passed by Council on January 14, 1988. This is the first of a series of five resolutions used in levying assessments for portions of the cost of paving along with one assessment Ordinance. The locations in this resolution include Quirt Avenue from 50th Street to Slaton Highway, two blocks on 78th Street from Avenue D to Tahoka Highway and one block of alley paving between Canton Avenue and Elgin Avenue and between 23rd and 24th Streets. Staff recommended approval. Motion was made by Councilwoman Trejo, seconded by Mayor Pro Tem Baker to authorize Resolution #2944 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. November 10, 198B Page 716 88-47B-716-647 (13.) Consider Resolution #2945 authorizing the Mayo to execute a Utility Joint -Use Agreement for portions of I-27. RESOLUTION #2945 WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the citizens of the City of Lubbock to expedite the construction of I-27 through Lubbock by eliminating the need to return to the City Council with each individual Utility Joint Use Agreement with the State of Texas; NOW THEREFORE: 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 such Utility Joint Use Agreements with the State Department of Highways and Public Transportation for the joint use of highway right-of-way for highway and utility purposes in connection with the construction of the I-27 Highway through the City of Lubbock as may be necessary during the course of such construction, a copy of which Utility Joint Use Agreement, attached herewith, shall be spread upon the minutes of this 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 10th day of November, 1988. ATTEST: Isl Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: I sj Ed Bucy Ed Bucy, Right -of -Way Agent Is1 B. C. McMinn B. C. McM1NN, MAYOR APPROVED AS TO FORM: Is1 Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney This Resolution authorizes the Mayor to sign an Agreement between the City and the Texas Department of Highways and Public Transportation, allowing LP&L to relocate all utilities within the new 1-27 Right -Of -Way and reinstalled without further utility crossing permits, the location of utilities being from Broadway south to 20th Street. Staff recommended approval. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize Resolution #2945 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. November 10, 1988 Page 717 88-47B-717-648 (14.) RESOLUTION #2946 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 Litter Control Service Agreement by and between the City of Lubbock and Keep Lubbock Beautiful, 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 10th day of November, 1988. s B. C. McMinn B.C. McM1NN, MAYOR ATTEST: /sj Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: /sj Lee Osborn Ise Donald G. Vandiver Lee Osborn, Director of Parks Donald G. Vandiver, First and Recreation Assistant City Attorney LITTLE CONTROL SERVICE AGREEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF Lubbock THIS agreement for litter control services is made and entered into on the date hereinafter last written by and between the City of Lubbock, a Texas home rule municipality, and Keep Lubbock Beautiful, a Texas not for profit corporation. WITNESSETH: WHEREAS, the City of Lubbock desires to provide a healthy and clean environment for its citizens; and WHEREAS, Keep Lubbock Beautiful, a Texas not for profit corporation, also desires to keep the City healthy and beautiful; and WHEREAS, both parties to this agreement believe that their goals may be met through cooperation; NOW THEREFORE: Keep Lubbock Beautiful will provide the City of Lubbock the following services: 1) Public Education - through the use of PSAs, articles, presentations, workshops and seminars, Keep Lubbock Beautiful will work on public education on litter dynamics., solid waste disposal and litter and debris removal and abatement. 2) Clean Ups - during April, National Keep American Beautiful month, Keep Lubbock Beautiful will assist in the coordination and implementation of various clean-up/recycling projects throughout the City. November 10, 1988 Page 718 3) Landscape Beautification - Keep Lubbock Beautiful will work cooperatively with all agencies involved in landscaping entrances into the City, the Lubbock International Airport, and other public lands. In addition to the above stated services, Keep Lubbock Beautiful will conduct its services in accordance with the 1988-89 goals statement which is attached hereto as Exhibit A. The City of Lubbock hereby agrees to provide Keep Lubbock Beautiful with $15,000 in initial funding in exchange for the services to be provided by Keep Lubbock Beautiful in accordance with this agreement. The term of this agreement shall be for one year, commencing with the date of execution hereinafter stated. This agreement may be amended or terminated at the request of either party upon thirty (30) days written notice to the other party. EXECUTED this 10th day of November, 1988. KEEP Lubbock BEAUTIFUL: CITY OF Lubbock: /s/ Jack Williamson Jack Williamson, President ATTEST: Secretary /s/ B. C. McMinn B.C. McMINN, MAYOR ATTEST: Is/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is1 Lee Osborn Lee Osborn, Director of Parks and Recreation APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney ATTACHMENT (GOALS) FILED WITH RESOLUTION #2946. City Council gave informal approval at work session of October 13, 1988, to a funding request from Keep Lubbock Beautiful and asked Staff for a written Agreement to be prepared. This Agreement outlines the services which Keep Lubbock Beautiful will perform, such as landscape beautification, clean-up campaigns, and public education. The Agreement provides for $15,000 from the City, payments to be made monthly, with term of Agreement beginning with execution date. Staff recommended approval. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to authorize Resolution #2946 as recommended by Staff. Motion carried: 7 Yeas; 0 Hays. November 10, 1988 Page 719 88-47B-719-649 (15.) 88-47B-719-650 (16.) 88-47B-719-651 City owned property. This item was deleted from the Agenda. BID #9952--Electrical items [Central Warehouse Graybar Electric Co., Amarillo--50 Polyphase meter enclosure. Cummins Supply, Amarillo--1,000' 4" Rigid conduit w/coupling; 500 8' wood cross arm. Poleline Electric Supply, Amarillo--5,000' #6 Triplex insulated conductor; 7,500' #2 Triplex cable out of pipe. Nelson Electric Supply--30,000' 15KV cabin in pipe. Temple, Inc.--25 8' bracket arm. Westinghouse Electric Supply--10,000' 12-2 OF copper conductor cable. Motion was made by Councilman Carpenter, seconded by Councilman Phillips to accept low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. (17.) BID #9936--Municipal Tennis Center repair, and authorize same (Parks and Recreation)._ RESOLUTION #2947 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 t❑ execute for and on behalf of the City of Lubbock a Contract by and between the City of Lubbock and J.D.C. Construction for Municipal Tennis Center repair, 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 10th day of November, 1988. ATTEST: /sj Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is/ Gene Eads by Bill Morgan Gene Eads, Purchasing Manager /s/ B. C. McMinn B.C. McM1NN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney November 10, 1988 Page 720 CONTRACT STATE OF TEXAS COUNTY OF Lubbock THIS AGREEMENT, made and entered into this lath day of November, 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 J.Q.C. Construction of the City of Wylie, County of Collin, 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. 9936 - MUNICIPAL TENNIS CENTER COURT REPAIR IN THE TOTAL AMOUNT OF $17,444.41. 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: /s/ Beatrice Cervantes Deputy City Secretary APPROVED AS TO CONTENT: /s/ Lee Osborn ATTEST: COMPLETE ADDRESS: P.O. Sox 1201, Wylie, TX 75098 CITY OF Lubbock, TEXAS [OWNER] /s1 B. C. McMinn MAYOR APPROVED AS TO FORM: /s/ Donald G. Vandiver J.D.C. CONSTRUCTION CONTRACTOR By: /s/ Jay Davis TITLE: Owner JDC Construction, Wylie, Texas --Municipal Tennis Center Repair. November 10, 1988 Page 721 88-478-721-652 (18.) Motion was made by Councilman Carpenter, seconded by Councilman Phillips to authorize Resolution #2947 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. RESOLUTION #2948 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 Tower Tech, Inc. for renovations and improvements to Holly Unit #1 Cooling Tower, 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 10th day of November, 1988. ATTEST: Is/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Gene Eads by Bill Morgan Gene Eads, Purchasing Manager STATE OF TEXAS COUNTY OF Lubbock /s/ B.-C.-McMinn S.C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney CONTRACT THIS AGREEMENT, made and entered into this 10th day of November, 1988 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through S.C. McMinn, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and TOWER TECH, INCORPORATED of the City of CHICKASHA, County of GRADY, and the State of OKLAHOMA, 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. 9926 - RENOVATIONS AND IMPROVEMENTS TO HOLLY UNIT #1 COOLING TOWER IN THE TOTAL AMOUNT OF $252,850.00. 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, November 10, 1988 Page 722 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: /sLRanette Boyd APPROVED AS TO CONTENT: Is/ Jay Wadsworth ATTEST: /s/ Lana Morgan COMPLETE ADDRESS: P.O. Box 1838, Chickasha, OK 73018 CITY OF Lubbock, TEXAS (OWNER) Isl B. C. McMinn APPROVED AS TO FORM: /s/ Donald G. Vandiver TOWER TECH INCORPORATED CONTRACTOR By: Is/ Harold Curtis TITLE: President Tower Tech, Inc., Chickasha, Oklahoma --Renovation and improvements to Holly Unit # 1 Cooling Tower. Motion was made by Councilman Carpenter, seconded by Councilman Phillips to authorize Resolution 02948 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 88-478-722-653 (19.) BID 09937--UREA chemical fertilizer (Aviation Department). Kay -Bee Inc., Olney, Texas--100 tons, more or less, UREA. Motion was made by Councilman Carpenter, seconded by Councilman Phillips to accept low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 88-47B-722-654 (20.) BID 09902--Electric meters and transformers (Electric Distribution). Cummins Supply Temple Inc. Nelson Electric Wesco November 10, 1988 Page 723 88-47B-723-655 (21.) 88-47B-723-656 (22.) 88-47B-723-657 (23.) 88-47B-723-658 (24.) 88-47B-723-659 (25.) Motion was made by Councilman Carpenter, seconded by Councilman Phillips to award bids based upon Vendor ranking and availability of meters and transformers. Motion carried: 7 Yeas; 0 Hays. BID #9921--Network transformers and protector (Electric Distribution). General Electric Utility Sales--5 1500 KVA Submersible network transformer; 4 1000 KVA submersible network transformer; 5 2825 AMP network protector. Motion was made by Councilman Carpenter, seconded by Councilman Phillips to accept low bid meeting specifications. Motion carried: 7 Yeas; 0 Hays. BID #9953--AC and VCT pipe (Central Warehouse). Moore Supply--500 6" VCT sewer tile. Transtex Supply, Odessa--6,006' 4" AC pipe. Motion was made by Councilman Carpenter, seconded by Councilman Phillips to accept low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. Sister City Advisory Board Young Community Leaders Project Study Committee Neighborhood Redevelopment Commission Consider one appointment to the Sister City Advisory Board. Billie Caviel_ has declined appointment_ Due to prior commitments, Billie Caviel, who was to represent L.I.S.D., is unable to accept appointment to this Board. Motion was made by Councilman Phillips, seconded by Councilman Patterson to appoint Diane Hamilton to the Sister City Advisory Board. Motion carried: 7 Yeas; 0 Nays. This Committee was created to target young adults approximately 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. November 10, 1988 Page 724 Motion was made by Councilman Phillips, seconded by Councilwoman Trejo to appoint Hilda Guajardo to the Young Community Leaders Project Study Committee. Motion carried: 7 Yeas; 0 Nays. 88-47B-724-550 (26.) Consider one appointment to the Neighborhood Redevelopment Commission. Sally Kersey has declined appointment. Due to previous commitments, Sally Kersey has declined appointment. Motion was made by Councilman Phillips, seconded by Councilman Maloy to appoint Scott Badgett to the Neighborhood Redevelopment Commission. Motion carried: 7 Yeas; 0 Hays. There being no further business to come before Council, motion was made by Councilman Patterson, seconded by Councilwoman Trejo to adjourn the meeting at 10:10 a.m. Motion carried: 7 Yeas; 0 Nays. B.C.McIN,MAYOR ATTEST: Ranette Boyd, City Secretary READ AND APPROVED THIS 17TH DAY OF NOVEMBER, 19B8. B. C. McMINN, MAYOR ATTEST: Rarhette Boyd, Ci tY Secretary r THE STATE OF TEXAS R-J6J COUNTY OF LVBBOCK Before me L a Notary Public in and for Lubbock Countv, personally appeared T.J. Au f i I 1 I Ac co uri t Haria;!e r of the Sout pers Corporation. publishers of the Lubbock Avalanche -.Journal — Morning, Evening being by me duly sworn did depose and say that said newspaper has been published contl than first' -two weeks prior to the first insertion of this Le p-a I Ao x ice No, 326917 at Lubbock Countv, Texas and ed copy of the Le d i I Notice is a i.rue copy of the original and was print Avalanche -.Journal on the following dates: nover:,pe r 12t �i91' 193J 31'3 Words 0 _ �32 = r.7!t7_Uf, 1 -7 4 ccount Narza�fer LUBBOCK AVALANCHE -.JOURNAL { f Southwestern Newspapers Corporation I E Subscribed and sworn to before me this ?"r'Jdav of FORM 58-10 iuy ei,Ib e r , 19 6d 09011jANCE ►9 M 7 1NO ZONINii bROQRDINANINANdn 7084•AN0 T*9 OFPICIAL M'AP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE -No. IS42- M; AMEND ORDINANCE NO, 7814 BY REPLACING THE SITE PLAN AND CONDITIONS WITH A NEW SITE ON ALL OF Rtneie 9_ -rAA5; PROVIDING A PENALTY; PROVIDING A SAV• INOS CLAUSE AND PROVIDING FOR PUBLICATION_ ORDINANCE #M AN ORDINANCE AMEND. 1NG ZONING ORDINANCE NO. MAI AND THE OFFICIAL MAP Or THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGRS: IONS CASE NO.24W B A ZONING CHANGE FROM AM TO AM SPECIFIC USE PERMIT FOR A MEDICAL CENTER GUESTHOUSE ON LOTS 7 & 1, JIM FLOYD ADDITION, LUB. BOCK, TEXAS. PROVIDING A PENALTY; PROVIDING A SAV- INGS CLAUSE AND PRQVIDING FOR PU6LICATION. OR0INANCE * tX AN ORDINANCE AMEND- ING ZONING ORDINANCE NO. MU AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1%4 D; A ZONING CHANGE FROM C. 370 C-3 SPECIFIC USE PERMIT FOR A BANK ON TRACT 6.1, RUSHLAND PARK ADDITION, LUBBOCK. TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVID. ING FOR PUBLICATION. ORDINANCE or= AN ORDINANCE AµEMp- ING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING 4 t0 CO 00