HomeMy WebLinkAboutMinutes - City Council - Regular - 11/17/1988725
CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
MINUTES
NOVEMBER 17, 1988
The City Council of the City of Lubbock, Texas met in regular session
on the 17th day of November, 1988 in the City Council Chambers, first
floor, City Hail, 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, Councilman Bill Maloy,
Councilman George Carpenter, City Manager Larry J. Cunningham, City
Attorney John C. Ross, Jr., and City Secretary Ranette Boyd.
Absent: Councilwoman Maggie Trejo.
Mayor McMinn called the meeting to order at 9:00 a.m.
( 1.) The Invocation was given by Assistant City
Manager Jim Bertram.
{ 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 November 10, 1988 Regular City Council
meeting as written. Motion carried: 6 Yeas; 0
Nays.
( 4.) Citizen Appearances
88-47B-725-661
{ 5.) J.R. Blumrosen, representing Farmers Cooperative
Compress, will appear to request that Council
enter into an a reement with Lubbock County for
fireptotection services and authorize same.
RESOLUTION #2949
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 Fire Protection Agreement by and between the City of
Lubbock and Commissioners Court of Lubbock County, Texas, attached
herewith, which shall be spread upon the minutes of the Council and
as spread upon the minutes of this Council shall constitute and be
part of this Resolution as if fully copied herein in detail.
November 17, 1988
Page 726
Passed by the City Council this 17th day of November, 1988.
ATTEST:
Zs/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Rita P. Harman
Rita Harmon, Assistant City
Manager
/s/ B. C. McMinn
B.C. MCMINN, MAYOR
APPROVED AS TO FORM:
Isl Harold Willard
Harold Willard, Assistant City
Attorney
FIRE PROTECTION AGREEMENT
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
THIS AGREEMENT is made and entered into pursuant to the
Interlocal Cooperation Act, Art. 4413(32c), V.A.C.S., between the
COMMISSIONERS COURT OF LUBBOCK COUNTY, TEXAS, acting by and through
its duly authorized County Judge, hereinafter called "COUNTY", and
the CITY OF LUBBOCK, TEXAS, acting by and through its duly authorized
Mayor, hereinafter called "CITY".
WITNESSETH:
WHEREAS, the COUNTY has determined that a need exists for fire
protection to be provided to protect the property of Farmers Co-
operative Compress outside the city limits of the CITY due to an
unusually large cotton crop which must be temporarily stored outside
said city limits; and
WHEREAS, Farmers Co-operative Compress has agreed to reimburse
the COUNTY for costs incurred in obtaining needed fire protection
service; and
WHEREAS, the COUNTY has requested assistance from the CITY to
protect the property of Farmers Co-operative Compress outside the
city limits; and
WHEREAS, the CITY agrees to furnish fire protection service
needed by the COUNTY on behalf of Farmers Co-operative Compress and
the COUNTY agrees to accept such service upon the terms and
conditions stated below; NOW THEREFORE:
1. The City agrees that fire fighting equipment shall be
furnished in response to fire calls from locations beyond
the limits of the CITY OF LUBBOCK concerning fires on the
premises of Farmers Co-operative Compress, which premises
are used for cotton storage and are located as shown on
Exhibit "A" attached hereto and made a part hereof and
which may, with consent of the Fire Chief of the CITY, be
amended at the request of Farmers Co-operative Compress
and the COUNTY. Such fire fighting equipment shall be
dispatched to the premises described in Exhibit "A" as
requested by Farmers Co-operative Compress and to no
other locations outside the city limits. The equipment
which is dispatched shall be determined by the Fire Chief
of the City.
November 17, 1988
Page 727
2. The COUNTY hereby agrees and obligates itself to pay to
the CITY from current revenues available to the COUNTY
the sum of EIGHT THOUSAND TWO HUNDRED FIFTY DOLLARS
($8,250.00), which shall be the advance payment for a
minimum of three (3) fire calls to the Farmers Co-
operative Compress cotton yards. Any additional fire
calls requested by Farmers Co-operative Compress shall be
paid for by the COUNTY from current revenues available to
the COUNTY at the rate of TWO THOUSAND SEVEN HUNDRED
FIFTY DOLLARS ($2,750.00) per call. The advance payment
as stated above shall be paid by the COUNTY to the CITY
immediately upon execution of this Agreement.
3. This Agreement shall be effective from November 18, 1988,
through May 1, 1989.
4. It is understood and agreed that Farmers Co-operative
Compress at whose insistence and request this Agreement
is entered into shall hold the CITY OF LUBBOCK and the
COUNTY OF LUBBOCK harmless from any and all liability and
obligations which result from the service furnished by
the CITY pursuant to this Agreement.
5. It is specifically provided that the acts of any person
or persons performed in accordance with authority granted
the CITY herein, including but not limited to fighting
fires, traveling to or from fires, or in any manner
furnishing fire protection to Farmers Co-operative
Compress outside the city limits of the CITY OF LUBBOCK,
shall be considered as the acts of agents of the COUNTY
in all respects notwithstanding that such person or
persons may be employees or firemen of the CITY. The
COUNTY OF LUBBOCK shall be liable for the acts of all
CITY OF LUBBOCK employees engaged in fighting fires or
otherwise providing fire protection service outside the
city limits of the CITY OF LUBBOCK pursuant to this
Agreement.
6. It is understood and agreed that in the event an
emergency condition exists within the CITY OF LUBBOCK as
a result of one or more fires in progress within the city
limits, the Fire Chief of the CITY shall alone determine
the advisability of sending fire fighting equipment
outside the city limits in response to a fire or
recalling such fire fighting equipment and the judgment
of the Fire Chief shall be final; and the CITY OF
LUBBOCK, its agents, officers and employees shall be held
harmless by the COUNTY and Farmers Co-operative Compress
for any error or omission in judgment or for any
determination made in the event of such emergency
condition.
November 17, 1988
Page 728
EXECUTED this 17th day of November, 1988.
ATTEST:
/s/ Ann Davidson
County Clerk
ATTEST:
/sZ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Rita Harmon
Rita Harmon, Assistant City Manager
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant
City Attorney
ATTEST:
/s/ Cliff Bloodworth
COMMISSIONERS COURT
OF LUBBOCK COUNTY, TEXAS
/s/ Rodrick L.__Shaw
Rodrick L. Shaw, County Judge
CITY OF LUBBOCK
/s/ B. C. McMinn
B.C. McMINN, MAYOR
FARMERS CO-OPERATIVE COMPRESS
/s/ Rex McKinney
Attorney J. R. Blumrosen, representing Farmers
Cooperative Compress, appeared to request the
City to provide fire protection for cotton stored
temporarily outside the City limits. This was
also done in 1977, when fire protection was
provided through an Agreement between the City
and County in which the County paid $5,000 in
advance to the City for a minimum of five fire
calls and an additional fee of $1,250 for each
additional call.
By memo, Council was advised that a similar
Agreement has been prepared by Staff, with the
exception that fees have been adjusted to an
advance payment of $8,250 to the City by the
County, for a minimum of three fire calls and an
additional $2,750 for each additional call. The
effective period of the Agreement is November 18,
1988 to May 1, 1989.
Mr. Blumrosen stated that the County
Commissioners approved this Agreement and that a
check, Letter of Credit and Agreement have been
delivered to the City as required. Staff
recommended approval.
November 17, 1988
Page 729
88-47B-729-662
( 6.)
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter to authorize Resolution
#2949 as recommended by Staff. Motion carried:
6 Yeas; D Hays.
ORDINANCE #9211
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A STORM WATER
STORAGE AND DRAINAGE EASEMENT LOCATED IN SECTION 15, BLOCK E-2,
LUBBOCK COUNTY, TEXAS, AND MOREPARTICULARLY DESCRIBED IN THE BODY OF
THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MAKR TH EOFFICIAL MAPS
OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING;
PROVIDING A SAVINGS CLAUSE, AND PROVIDING FOR PUBLICATION.
Motion was made by Councilman Carpenter, seconded
by Councilman Maloy to pass on second and final
reading Ordinance #9211. Motion carried: 6 Yeas;
0 Nays.
88-47B-729-663
( 7.) Consider Resolution #2950 approving Plans and
Specifications for improvements of portions of
streets, highways, avenues and/or alleys.
RESOLUTION #2950
A RESOLUTION ADOPTING PLANS AND SPECIFICATIONS.
WHEREAS, the City Council November 10, 1988, passed a
Resolution providing for the improvements of portions of streets,
highways, avenues and/or alleys in the City of Lubbock, Texas, and
along the boundaries of said City, and directing preparation of plans
and specifications covering the streets, highways, avenues and/or
alleys as named in said Resolution; and
WHEREAS, the City Engineer has prepared and filed with the City
plans and specifications for such improvements, and same have been
examined; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the plans and specifications submitted by the City
Engineer covering improvements contemplated by said Resolutions BE
and the same are hereby approved.
November 17, 1988
Page 730
Passed by the City Council this 17th 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:
/s/ Larry D. Hertel /s/ J. Worth _Fullingim
Larry D. Hertel, City Engineer J. Worth Fullingim
Assistant City Attorney
This Resolution was the second of a series of
five Resolutions and one assessment Ordinance
used in the procedure for levying paving
assessments for street and alley improvements.
The project covered by this Resolution includes
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 Councilman Patterson, seconded
by Councilman Carpenter to authorize Resolution
#2950 as recommended by Staff. Motion carried: b
Yeas; 0 Hays.
88-47B-730-664
8.) Consider Resolution #2951 authorizing a_Street_
Use License to Texland Petroleum Inc. for an oil
flow pipeline under North Elder Avenue.
RESOLUTION #2951
BE IT RESOLVEO 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 Street Use License Agreement to be entered into by and
between the said City of Lubbock and Texland Petroleum, Inc.,
attached herewith, which shall be spread upon the minutes of the
Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein
in detail.
Passed by the City Council this 17th day of November, 1988.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVEO AS TO CONTENT:
/s/ Ed_Bucy
Ed Bucy, Right -of -Way Agent
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ J. Worth_Fullingim
J. Worth Fullingim
Assistant City Attorney
November 17, 1988
Page 731
STREET USE LICENSE
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This indenture made this 17th day of November, 1988, being the
date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home
Rule Municipal Corporation, and TEXLAND PETROLEUM, INC., hereinafter
called "LICENSEE."
WITNESSETH:
Subject to the terms, conditions and provisions herein, the
CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, priv-
ilege and license to use a portion of dedicated streets to construct
and maintain crude oil flow pipeline, this license being classified
as a subsurface license, and such pipeline shall be constructed of
tubular steel and have a minimum cover of at least 40 inches from the
ground surface at the following locations:
Field notes on a 10.00 feet Street Use License, being a dis-
tance of 5.00 feet on each side of the centerline, out of
Section 5, Block A, Lubbock County, Texas, and the centerline
being more particularly described as follows:
BEGINNING at a point in the West R.O.W. line of North Elder
Street, whence the Southeast corner of Lot 8, Lubbock Indus-
trial Park Addition to the City of Lubbock, Lubbock County,
Texas, bears S. 22,57' West, a distance of 74.00 feet;
THENCE S. 681,27'50" East, crossing North Elder Avenue for a
total distance of 75.00 feet to a point in the East R.O.W. line
of North Elder Avenue.
1. The term of this grant shall be for five (5) years from
date hereof, and shall be automatically extended for successive five
(5) year terms not to exceed twenty (20) years in any event unless
either party shall give written notice of termination to the other
party before the expiration of the first, second or third five (5)
year term, as the case may be, and the CITY OF LUBBOCK retains the
right at its election to cancel and revoke this license with or
without cause upon notice to LICENSEE. Said notice shall be deemed
properly served if deposited in the post office, postage paid,
addressed to LICENSEE at 3402 Fort Worth National Bank Building, Fort
Worth, Texas 76102, or the last known address of LICENSEE.
Upon the expiration or cancellation and revocation of this li-
cense by the CITY OF LUBBOCK, or the abandonment of the license by
the LICENSEE, the improvements that are permitted under this license
shall be removed by the LICENSEE and the property shall be restored
to its original condition at no cost or expense to the CITY OF
LUBBOCK. In the event LICENSEE fails or refuses to remove such
improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK
shall take possession and remove or cause to be removed such im-
provements, and the expense incurred shall be assessed against
LICENSEE for which LICENSEE shall be liable.
2. LICENSEE shall pay to the CITY OF LUBBOCK as compensation
for such grant the sum of TWO HUNDRED FIFTY AND N01100 ($250.00)
DOLLARS cash in advance contemporaneously with the acceptance and
execution hereof by LICENSEE for the first five (5) year term of this
license, and thereafter such rate of compensation may be changed for
each succeeding five (5) year term by the CITY OF LUBBOCK to a rate
of compensation which is based on procedures and policies as
established by the City Council of the CITY OF LUBBOCK based on an
appraisal of the fair market value of such land by the Right -of -Way
Department of the CITY OF LUBBOCK as applied to the formula for
November 17, 1988
Page 732
determining such rate established by the City Council. If such rate
is not changed by the CITY OF LUBBOCK, the rate for the preceding
five (5) year term shall apply. The CITY OF LUBBOCK shall notify the
LICENSEE of any change in rates in writing before the start of the
five (5) year term to which such change in rate shall apply, and if
such notification is not made, then the rate for the preceding five
(5) year term shall apply.
3. The LICENSEE agrees to pay all costs arising out of the
exercise of this license herein granted, including but not limited to
the replacement and repairing of paving, sidewalks and utilities of
any nature occasioned by the construction as authorized by the
license.
4. In the event the CITY OF LUBBOCK determines that the
existence of such use interferes with or causes the rerouting or
realignment of any public utility, franchised utility or sanitary or
storm sewer line constructed or to be constructed by the CITY OF
LUBBOCK or franchised utility, LICENSEE agrees to reimburse the CITY
OF LUBBOCK or such utility, as the case may be, for its expense in
relocating or rerouting over and above the expense which would have
been incurred except for LICENSEE'S use herein.
5. This license is not transferable by the LICENSEE without
first receiving the written consent of the City Manager of the CITY
OF LUBBOCK.
6. This license is made subject to the condition that should
the LICENSEE exercise any right under the license herein granted and
prepare or begin or complete any part of the construction as herein
contemplated across any or all of the above described property, then
and in that event said LICENSEE, its successors and assigns, will at
all times defend, indemnify and otherwise hold the CITY OF LUBBOCK,
its agents, servants and employees harmless from any and all claims,
demands, actions, causes of action, suits at law or in equity of
whatsoever kind or nature which may grow out of or be related to the
making of this license or the construction or maintenance and use
permitted herein. The CITY OF LUBBOCK, at its option, may require an
agreement with any contractors hired by LICENSEE to perform the
construction, repair or maintenance permitted herein, which agreement
will indemnify the CITY OF LUBBOCK from and against all claims,
liability, cost and expense growing out of the performance of the
work to be done by such contractors. The CITY OF LUBBOCK may further
require any of said contractors, when engaged in the construction,
repair or maintenance permitted herein, to furnish, without expense
to the CITY OF LUBBOCK, a re -liable surety bond, in an amount and in
a form satisfactory to the said CITY OF LUBBOCK, guaranteeing the
faithful performance of all the terms, covenants and conditions
contained in said agreement, and a certified copy of a policy of
public liability insurance assumed by said contractors in said
agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to
give notice to LICENSEE prior to incurring any costs or expenses or
the payment of any such claims or demands in order to give LICENSEE a
reasonable opportunity to settle or adjust the same.
7. LICENSEE agrees and is required to furnish a policy of
public liability and property damage insurance, within limits spec-
ified by, and in a form satisfactory to the City Attorney for the
CITY OF LUBBOCK, and which names the CITY OF LUBBOCK as the insured,
said policy covering the uses herein granted.
8. prior to any construction as authorized by this license,
the LICENSEE shall submit to the City Engineer plans and specifica-
tions for the construction to be done, and the LICENSEE shall not
commence construction until such plans and specifications are ap-
proved by the City Engineer.
November 17, 1988
Page 733
9. All of the covenants and provisions of this license shall
be binding upon and inure to the benefit of the successors, legal
representatives, assigns and the duly authorized agents and con-
tractors of the parties hereto to the same extent and effect as the
same are binding upon and inure to the benefit of the parties hereto,
but no assignment hereof by the LICENSEE, its successors or assigns,
shall be binding upon the CITY OF LUBBOCK without the consent of the
CITY OF LUBBOCK in each instance, except as specified in numbered
paragraph four (4).
10. LICENSEE, by the acceptance of the uses.permitted herein,
understands and agrees that no interest, title or rights of posses-
sion are intended or implied except those expressly set forth herein,
and LICENSEE waives any and all claims in and to the public way it is
permitted to use hereby and agrees to give peaceful possession of
said property covered herein upon termination or cancellation of this
license.
CITY OF LUBBOCK
BY: jsl B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
Is1 Ranette Boyd
Ranette Boyd, City Secretary
AGREED TO AND ACCEPTED this 17th day of November, 1988.
APPROVED AS TO CONTENT:
Is1 Ed Bucv
Ed Bucy, Right -of -Way Agent
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
LICENSEE:
TEXLAND PETROLEUM, INC.
BY: /s/ R. J. Schumacher
APPROVED AS TO FORM:
Is/ J. Worth_Full_ingim
J. Worth Fullingim
Assistant City Attorney
BEFORE ME, the undersigned authority, a Notary Public in and
for said County, Texas, on this day personally appeared B. C. McMINN,
MAYOR, known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same
as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the
purposes and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 17th day of
November, 1988.
Is/ Olivia R. Solis
Notary Public, Lubbock County,
Texas
My Commission Expires: 11-30-89
November 17, 1988
Page 734
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority,.a Notary Public in and
for said County, Texas, on this day personally appeared R. J.
Schumacher, known to me to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that he executed the
same for the purposes and consideration therein expressed and in the
capacity therein stated as the act and deed of TEXLAND PETROLEUM,
INC.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 29th day of
November, 1988.
s ar aret L. Nettleton
Notary Public, Tarrant County,
Texas
My Commission Expires: 08-13-90
A Street Use License was granted by Council to
Texland Petroleum Inc. for an underground oil
pipeline crossing under North Elder Street,
located approximately 950' north of Loop 289 (in
the Lubbock Industrial Park Addition) just east
of the southeast corner of Lot 8. North Elder is
75' wide and the requested crossing area is 10' x
75'. The license is for 20 years, at $50 per
year. The $150 application fee has been received
and the City will receive $250 for the first five
years of usage. Staff recommended approval.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Phillips to authorize Resolution
#2951 as recommended by Staff. Motion carried:
6 Yeas; 0 Nays.
88-47B-734-665
( 9.) Consider Resolution #2952 authorizing the Mayor
RESOLUTION #2952
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 Quit Claim Deed in favor of North King's Gate Development,
Ltd., a Texas Limited Partnership, 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.
November 17, 1988
Page 735
Passed by the City Council this llth day of November, 1988.
ATTEST:
Is/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Is1 Ed Bucv
Ed Bucy, Right -of -Way Agent
QUITCLAIM DEED
THE STATE OF TEXAS
B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
s J. Worth Fullin im
J. Worth Fullingim
Assistant City Attorney
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
THAT the CITY OF LUBBOCK, a Home Rule Municipality in the
County of Lubbock, State of Texas, for and in consideration of the
sum of ONE AND NO/100 ($1.00) DOLLARS and other good and valuable
consideration to it in hand paid by NORTH KING'SGATE DEVELOPMENT,
LTD., a Texas Limited Partnership, hereinafter called "GRANTEE", the
receipt of which is hereby acknowledged, does hereby by these
presents ABANDON, DISCLAIM, RELEASE AND FOREVER QUITCLAIM unto the
said GRANTEE, all its rights, title and interest in and to that
certain tract or parcel of land lying and being situated in the
County of Lubbock, State of Texas, described as follows, to -wit:
THAT the tract of land used as a storm water storage and
drainage easement decribed as follows:
The portion of a storm water storage and drainage
easement located in Section 11, Block E-2, being further
described as follows:
BEGINNING at a point which bears N. 89°59'40" E. 206.00
feet and N. 00002146" E. 65.00 feet from the Southwest
corner of Section 11, Block E-2, Lubbock County, Texas;
THENCE N. 00002'46" E. a distance of 218.50 feet;
THENCE N. 89e59'40" E. a distance of 102.55 feet;
THENCE N. 00002'46" E. a distance of 146.50 feet;
THENCE N. 89059'40" E. a distance of 781.13 feet;
THENCE Northwesterly around a curve to the left, said
curve having a radius of 397.32 feet, a central angle of
02"58'4111, tangent lengths of 10.33 feet and a chord
distance of 20.66 feet;
THENCE N. 89059'40" E. a distance of 465.53 feet;
THENCE S. 00002'45" W. a distance of 230.00 feet;
THENCE S. 89059140" W. a distance of 150.00 feet;
THENCE S. 00"02'46" W. a distance of 165.00 feet;
THENCE S. 89"59'40" W. a distance of 90.00 feet;
November 17, 1988
Page 736
THENCE N. 00002146" E. a distance of 165.00 feet;
THENCE S. 89059'40" W. a distance of 360.00 feet;
THENCE S. 00002'46" W. a distance of 165.00 feet;
THENCE S. 89059'40" W. a distance of 88.00 feet;
THENCE N. 00002'46" E. a distance of 165.00 feet;
THENCE S. 89059'40" W. a distance of 150.00 feet;
THENCE S. 00002'46" W. a distance of 165.00 feet;
THENCE S. 89059'40" W. a distance of 199.00 feet;
THENCE N. 87008135" W. a distance of 200.25 feet;
THENCE S. 89959'40" W. a distance of 107.00 feet to the POINT
OF BEGINNING.
TO HAVE AND TO HOLD the same premises together with all and
singular the rights, privileges and appurtenances thereto in any
manner belonging unto the said GRANTEE, its successors and assigns
forever, so that neither the GRANTOR, CITY OF LUBBOCK, its successors
or assigns, nor any persons claiming under it shall at any time
hereinafter, have, claim or demand any right to the title to the
aforesaid premises or appurtenances or any part thereof. Address of
GRANTEE is: P. 0. Box 65207, Lubbock, Texas 79464.
WITNESS MY HAND AT LUBBOCK, TEXAS, THIS 17th DAY OF NOVEMBER,
1988.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Is1 Ed Bucv
Ed Bucy, Right -Of -Way Agent
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
/s/ B. C. McMinn
B.C. McMINN, MAYOR
APPROVED AS TO FORM:
Is1 J. Worth Fullingim
J. Worth Fullingim
Assistant City Attorney
BEFORE ME, the undersigned authority, a Notary Public in and
for said County, Texas, on this day personally appeared B. C. McMINN,
known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same
as the act and deed of the CITY OF LUBBOCK, TEXAS and as MAYOR for
the purposes and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 17th day of
November, 1988.
/s/ Olivia R. Solis
Notary Public, Lubbock
County, Texas
My Commission Expires:
11-30-89
November 17, 1988
Page 737
88-47B-737-666
(10.)
This Quitclaim Deed is for an 8.89 acre tract of
land located north of 82nd Street and just east
of Quaker Avenue, further located west, north,
and east of King's Gate North Addition Lots 1, 2,
and 3 to the City of Lubbock. North King's Gate
Development, LTD., is a Texas partnership owned
by Randy Andrews and others.
A final plat has been submitted as well as a
certified Cut -and -Fill Plan, and this Deed
cancels any claim or interest the City has to
this property, which, in this case, is the
Stormwater Storage and Drainage Easement.
Due to an emergency situation, Resolution #2952
and Quit Claim Deed was authorized by Council to
accomodate the developer, rather than the usual
Ordinance presented for two readings. However,
an Easement Closure Ordinance will be placed on a
future Council agenda for this 8.89 acre tract,
conforming to current policies. Staff
recommended approval.
Motion was made by Councilman Phillips, seconded
by Councilman Patterson to authorize Resolution
#2952 as recommended by Staff. Motion carried: 6
Yeas; 0 Nays.
RESOLUTION #2953
WHEREAS, in a Contract for sale of land between Carol Baker
Adams, Beverly Ann Baker Crossnoe, Candace Lee Baker Anderson, and
Janet Lyn Baker Durham, herein collectively called "Bakers" (as
Sellers) and the City of Lubbock, a Texas home rule municipality
herein called "City" (as Purchaser) dated July 1, 1988, reference to
which Contract is made for all pertinent purposes, Bakers
individually and/or as partners of a partnership known as Baker Farms
reserved the right to remove certain buildings as their personal
property in Section 8 of said Contract until on or before January 31,
1989; and
WHEREAS, the Bakers have changed their minds and desire to sell
such buildings (being a residential house and two barns) to the City
of Lubbock instead of removing said buildings as their personal
property as aforesaid, and have offered such buildings to the City of
Lubbock for a purchase price of $28,000.00, which the City Council
finds is a reasonable price for such buildings, and the purchase of
such buildings by the City is agreeable with the City Council; NOW
THEREFORE:
11 a i t M :a *1il Ik'1 I III :Yi I: I :94 i t IrLdil11► Eel "go] a I: I :94 i t Fail M 1111:3 :101.4
SECTION 1. THAT the City of Lubbock accepts the offer of the
Bakers and Baker Farms to sell said buildings referred to in the
preamble hereof to the City for a purchase price of $28,000.00.
SECTION 2. THAT the expenditure of said $28,000.00 is hereby
approved as a lawful municipal public purpose in connection with the
purchase of land and improvements in the furtherance of extension of
the sewerage disposal system of the City of Lubbock.
November 17, 1988
Page 738
SECTION 3. THAT -the conveyance ❑f said buildings by the Bakers
and Baker Farms to the City shall be provided for in the Warranty
Deed conveying the.land to the City under the aforesaid Contract of
Sale.
Passed by the City Council this 17th day of November, 1988.
ATTEST:
Is1 Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucv
Ed Bucy, Right -of -Way Agent
88-47B-738-667
(11.)
s B. C. McMinn
B. C. MCMINN, MAYOR
APPROVED AS TO FORM:
/s/ J. Worth Full.ingim
J. Worth Fullingim
Assistant City Attorney
Mayor McMinn announced that Mayor Pro Tem Baker
would abstain from discussion and voting on this
item due to perceived or real conflict of
interest.
With passage of this resolution, City Council
authorized the purchase of a 912 square feet
house, a 3,040 square feet Quonset Barn, a 3,488
square feet metal pole barn, a domestic house
well, and two frame storage buildings for $28,000
located at the northwest corner of the east one-
half of Section 12, Block B.
These improvements are located on the south side
of East 19th Street approximately one mile east
of Loop 289. According to the approved sales
Contract of July 1, 1988, Baker Farms were t❑
remove all improvements from the property by
January 21, 1989. Baker Farms has not been able
to relocate these buildings and desires to sell
them to the City. John Hindman, the City Farm
Manager, has use for the residence to house one
of the employees and the barns to store the farm
equipment.
Staff recommended approveal of this purchase.
Motion was made by Councilman Carpenter, seconded
by Councilman Phillips to authorize Resolution
#2953 as recommended by Staff. Motion carried: 6
Yeas; a Nays.
November 17, 1988
Page 739
RESOLUTION #2954
WHEREAS, the City of Lubbock, Texas, a Nome Rule Municipality
located in Lubbock County, Texas, has determined and does hereby
determine that the public needs, safety and welfare demand and create
a public necessity for the acquisition of additional land for
municipal public uses and purposes, to -wit: a perpetual and
permanent drainage easement for the free and unobstructed drainage of
surface waters in, upon, along, over and across property located in
Lubbock County, and the City Council of said City finds it in the
public interest and for public purposes and municipal purposes to
proceed with the acquisition of a drainage easement as needed for
such purposes as aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT a drainage easement in, upon, along, over and
across the following tract of land located in Lubbock County, Texas,
be acquired for public purposes and municipal purposes as set forth
in the preamble hereof, to -wit:
A 75 foot drainage easement, out of Section 1, Block E,
Lubbock, Lubbock County, Texas, and being more particularly
described as follows:
BEGINNING at a 1/2" iron rod, set in the West right-of-way line
of Quirt Avenue, for the South corner of this easement, whence
the Southeast corner of Section 1, Block E, bears South
87°37'36" East, a distance of 30.00 feet and South 02°22'24"
West, a distance of 2269.75 feet;
THENCE N. 42037'36" W., a distance of 337.50 feet to a 1/2"
iron rod, set for the West corner of this easement;
THENCE N. 47022'24" E., a distance of 75.00 feet to a 112" iron
rod, set for the North corner of this easement;
THENCE S. 42037'36" E., a distance of 262.50 feet to a 1/2"
iron rod, set in the West right-of-way line of Quirt Avenue,
for a corner of this easement;
THENCE S. 02022'24" West, along the West right-of-way line of
Quirt Avenue, a distance of 106.06 feet to the P01NT OF
BEGINNING.
SECTION 2. THAT the owners of said tract, including Santa Fe
Land Improvement Company, Inc., BE offered through the Right -of -Way
Department of the City of Lubbock the amount of $1,818.00, which is
the amount appraised as the value and total damages for the
acquisition of a drainage easement in, upon, along, over and across
said real estate hereinabove described, for the use and benefit of
the City of Lubbock, Texas, for the purposes herein stated, and
unless accepted forthwith, the City Attorney of said City of Lubbock
is hereby authorized and instructed to institute condemnation
(eminent domain) proceedings to acquire the said drainage easement as
hereinabove described for public purposes and municipal purposes.
November 17, 1988
Page 740
Passed by the City Council this 17th day of November, 1988.
ATTEST:
IsI Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
I sI Ed Bucy
Ed Bucy, Right -of -Way Agent
88-47B-740-668
(12.)
IsI B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
IsI Harold _Willard
Harold Willard, Assistant
City Attorney
The owner of this property is Santa Fe Land
Improvement Company, Inc. This Drainage
Easement, located west of Quirt Avenue and East
59th Street, was necessary for the Quirt Avenue
Widening Project. Area of this easement is 75'x
300', for a total of 22,500 square feet and was
appraised by Jimmy Goddard, M.A.I., for an
offering price by the Right -Of -Way Department of
$1,818. Of this easement, 6,754 square feet is
above the high water mark and is valued at 22.5
cents per square foot for a total of $1,519, and
15,750 square feet is below the high water mark
and was valued at 1.9 cents per square foot for a
total of $299.
In addition, Resolution 42954 authorized the
power of condemnation if this offer is rejected,
and Staff recommended approval.
Motion was made by Councilman Patterson, seconded
by Councilman Maloy to authorize Resolution #2954
as recommended by Staff. Motion carried: b Yeas;
4 Nays.
RESOLUTION #2955
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality
located in Lubbock County, Texas, has determined and does hereby
determine that the public needs, safety and welfare demand and create
a public necessity for the acquisition of additional land for
municipal public uses and purposes, to -wit: a perpetual and
permanent drainage easement for the free and unobstructed drainage of
surface waters in, upon, along, over and across property located in
Lubbock County, and the City Council of said City finds it in the
public interest and for public purposes and municipal purposes to
proceed with the acquisition of a drainage easement as needed for
such purposes as aforesaid; NOW THEREFORE:
November 17, 1988
Page 741
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT a drainage easement in, upon, along, over and
across the following tract of land located in Lubbock County, Texas,
he acquired for public purposes and municipal purposes as set forth
in the preamble hereof, to -wit:
TRACT 1
A 20 foot wide drainage easement out of Section 1, Block E,
Lubbock, Lubbock County, Texas, and being more particularly
described as follows:
BEGINNING at a 1/2" iron rod, found in the North line of that
certain tract, recorded in Volume 733, Page 37 of the Deed
Records. Said point being in the West right-of-way line of
Quirt Avenue, whence the Northeast corner of Section 1, Block
E, hears South 87°29134" East, a distance of 22.16 feet and
North 02°22'24" East, a distance of 2507.66 feet;
THENCE S. 03051'34" West, along the West right-of-way line of
Quirt Avenue, a distance of 20.00 feet to a 1/2" iron rod, set
for the Southeast corner of this easement;
THENCE N. 87029'34" West, a distance of 249.53 feet to a 1/2"
iron rod, set for the Southwest corner of this easement;
THENCE N. 02030'26" East, a distance of 20.00 feet to a 112"
iron rod, set for the Northwest corner of this easement;
THENCE S. 87029134" East, along the North line of that tract
recorded in Volume 733, Page 37 of the Deed Records, a distance
of 250.00 feet to the POINT OF BEGINNING.
TRACT 2
A 75 foot wide drainage easement out of Section 23, Block E,
Lubbock, Lubbock County, Texas, and being more particularly
described as follows;
BEGINNING at a 1/2" iron rod, set in the East right-of-way of
Quirt Avenue for the Southwest corner of this easement, from
whence the Southeast corner of Section 1, Block E, hears North
87037'36" West, a distance of 60.00 feet and South 020.22'24"
West, a distance of 2285.29 feet;
THENCE N. 02022'24" East, along the East right-of-way line of
Quirt Avenue, a distance of 75.00 feet to a 1/2" iron rod, set
for the Northwest corner of this easement;
THENCE S. 87"37'36" East, a distance of 800.00 feet to a 112"
iron rod, set for the Northeast corner of this easement;
THENCE S. 02022'24" West, a distance of 75.00 feet to a 1/2"
iron rod, set for the Southeast corner of this easement;
THENCE N. 87037'36" West, a distance of 800.00 feet to the
POINT OF BEGINNING.
TRACT 3
A 75 foot drainage easement out of Section 23, Block E,
Lubbock, Lubbock County, Texas, and being more particularly
described as follows:
BEGINNING at a 1/2" iron rod, set in the East right-of-way line
of Quirt Avenue, for the Southwest corner of this easement,
from whence the Southeast corner of Section 1, Block E, bears
North 87°37'36" West, a distance of 60.00 feet and South
02022124" West, a distance of 1581.31 feet;
November 17, 1988
Page 742
THENCE N. 02g22'24" East, along the East right-of-way line of
Quirt Avenue, a distance of 75.00 feet to a 1/2" iron rod, set
for the Northwest corner of this easement;
THENCE S. 87037'35" East, a distance of 500.00 feet to a 1/2"
iron rod, set for the Northeast corner of this easement;
THENCE S. 02022'24" West, a distance of 75.00 feet to a 1/2"
iron rod, set for the Southeast corner of this easement;
THENCE N. 87037'36" West, a distance of 500.00 feet to the
POINT OF BEGINNING.
SECTION 2. THAT the owners of said tract, including Burlington
Northern Railroad Company, BE offered through the Right -of -Way
Department of the City of Lubbock the amount of $22,640.00, which is
the amount appraised as the value and total damages for the
acquisition of a drainage easement in, upon, along, over and across
said real estate hereinabove described, for the use and benefit of
the City of Lubbock, Texas, for the purposes herein stated, and
unless accepted forthwith, the City Attorney of said City of Lubbock
is hereby authorized and instructed to institute condemnation
(eminent domain) proceedings to acquire the said drainage easement as
hereinabove described for public purposes and municipal purposes.
Passed by the City Council this 17th day of November, 1988.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s1 Ed Bucy
Ed Bucy, Right -of -Way Agent
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant
City Attorney
Tract 1, located west of Quirt and East 57th
Street, is 20' x 250', for a total of 4,995
square feet. Jimmy Goddard, M.R.I., appraised
all three tracts and valued this easement at
$702. He valued the area below high water (2,895
square feet) at 2.5¢ per square foot for a total
of $72 and the area above high water (2,100
square feet) at 30¢ per square foot for a total
of $630.
Tract 2, located east of Quirt Avenue and East
59th Street, is 751x 800' for a total of 60,000
square feet and valued at 22.5¢ per square foot
for a total of $13,500.
Tract 3, located east of Quirt Avenue and East
51st Street, is 751x 500' for a total of 37,500
square feet and valued at 22.50 per square foot
for a total of $8,438. The grand total for all
three Easements is $22,640, which was the City's
offer to Burlington Railroad Company, owner.
These Easements were necessary for the widening
of Quirt Avenue. Staff recommended approval.
November 17, 1988
Page 743
88-47B-743-669
(13.)
Motion was made by Councilman Maloy, seconded by
Councilman Patterson to authorize Resolution
#2955 as recommended by Staff. Resolution #2955
also authorizes the power of condemnation if the
offer is rejected. Motion carried: 6 Yeas; 0
Nays.
RESOLUTION #2956
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality
located in Lubbock County, Texas, has determined and does hereby
determine that the public needs, safety and welfare demand and create
a public necessity for the acquisition of additional land for
municipal public uses and purposes, to -wit: a perpetual and
permanent drainage easement for the free and unobstructed drainage of
surface waters in, upon, along, over and across property located in
Lubbock County, and the City Council of said City finds it in the
public interest and for public purposes and municipal purposes to
proceed with the acquisition of a drainage easement as needed for
such purposes as aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT a drainage easement in, upon, along, over and
across the following tract of land located in Lubbock County, Texas,
be acquired for public purposes and municipal purposes as set forth
in the preamble hereof, to -wit:
A 30 foot drainage easement out of Section 23, Block E,
Lubbock, Lubbock County, Texas, and being more particularly
described as follows:
BEGINNING at a 1/2" iron rod, set in the East right-of-way line
of Quirt Avenue, for the Southwest corner of this easement,
from whence the Southeast corner of Section 1, Block E, bears
North 87437'36" West, a distance of 60.00 feet and South
02022'24" West, a distance of 899.12 feet;
THENCE N. 02"22'24" East, along the East right-of-way line of
Quirt Avenue, a distance of 30.00 feet to a 1/2" iron rod,
found for the Northwest corner of this easement;
THENCE S. 88018'03" East, a distance of 850.00 feet to a 1/2"
iron rod, set for the Northeast corner of this easement;
THENCE S. 02022'24" West, a distance of 30.00 feet to a 1/2"
iron rod, set for the Southeast corner of this easement;
THENCE N. 88018'03" West, a distance of 850.00 feet to the
POINT OF BEGINNING.
November 17, 1988
Page 744
SECTION 2. THAT the owners of said tract, including Dorothy
Jack Bartlett, Peggy Martin, Theo Spence and Penny Ann Marshall
Wuensche, BE offered through the Right -of -Way Department of the City
of Lubbock the amount of $5,738.00, which is the amount appraised as
the value and total damages for the acquisition of a drainage
easement in, upon, along, over and across said real estate
hereinabove described, for the use and benefit of the City of
Lubbock, Texas, for the purposes herein stated, and unless accepted
forthwith, the City Attorney of said City of Lubbock is hereby
authorized and instructed to institute condemnation (eminent domain)
proceedings to acquire the said drainage easement as hereinabove
described for public purposes and municipal purposes.
Passed by the City Council this I7th day of November, 1988.
ATTEST:
Is/ Ranette Saud
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
I s1 Ed Bu.gy
Ed Bucy, Right -of -Way Agent
88-47B-744-670
/sj B. C.__McKinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Is/ Harold Willard
Harold Willard, Assistant
City Attorney
A Drainage Easement for property located on the
east side of Quirt Avenue and approximately East
64th Street is needed for the Quirt Avenue
widening project. Owners of this property are
Dorothy Jack Bartlett, Peggy Martin, Theo Spence,
and Penny Ann Marshall Wuensche. The area of the
easement is 30' x 850', a total of 25,500 square
feet. Jimmy Goddard, M.A.I., appraised this
Easement at 22.50 per square foot, for a total
offer by the Right -Of -Way Department of $5,738.
Staff recommended approval.
Motion was made by Councilman Malay, seconded by
Councilman Patterson to authorize Resolution
#2956, as recommended by Staff, which also grants
the power of condemnation if offer is refused.
Motion carried: b Yeas; a Nays.
(14.) Consider Resolution #2957 authorizing the Mayor
to execute a Contract with Roy Middleton for
professional services.
RESOLUTION #2957
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 for Professional Services by and between the City
of Lubbock and Roy Middleton, 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.
November 17, 1988
Page 745
Passed by the City Council this 17th day of November, 1988.
s B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
Is1 Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Is/ Jim Bertram ZsZ Donald G. Vandiver
Jim Bertram, Assistant City Manager Donald G. Vandiver, First
Assistant City Attorney
CONTRACT FOR PROFESSIONAL SERVICES
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS CONTRACT, made and entered into by and between the City of
Lubbock, hereinafter referred to as "City" and Roy Middleton,
hereinafter referred to as "Realtor".
WITNESSETH:
WHEREAS, the City of Lubbock desires to lease certain property
located at Lubbock International Airport for commercial development;
and
WHEREAS, proposals were sought from realtors for leasing agent
services, which services are in the nature of personal and
professional services to the City of Lubbock; and
WHEREAS, the City Council of the City of Lubbock believes that
it is in the best interest of the citizens of the City of Lubbock to
Contract with Roy Middleton for leasing agent services; NOW
THEREFORE:
City and Realtor hereby mutually agree as follows:
I. SCOPE OF SERVICES.
The Realtor hereby agrees and binds himself to provide the
following services to the City:
lj Provide updated market lease rates at a cost to the City
of not more than $4,500.00. Such updated market analysis shall be
submitted to the Deputy Director of Aviation for Marketing and Public
Relations not later than thirty (30) days from the commencement of
this agreement unless such time period is extended by mutual
agreement in writing.
2) Provide an analysis for compensating real estate firms
not later than sixty (60) days from the commencement of this
agreement unless such time period is extended by mutual agreement in
writing. Such analysis shall be submitted to the Deputy Director of
Aviation for Marketing and Public Relations.
November 17, 1988
Page 746
3) Provide one hundred (100) copies of advertising booklets
including a locator map, parcel map and utility lines including but
not limited to the parcels on the attached map within sixty (60) days
from the commencement of this agreement unless such time period is
extended by mutual agreement in writing. The layout of such booklet
and advertising brochures shall be presented to the Deputy Director
of Aviation for Marketing and Public Relations at such time as will
allow approval by the City prior to final printing. Cost to the City
of the booklets and brochures shall not exceed $4,500.00.
4] Distribute copies of the booklet and brochure to real
estate firms and prospective lessees in a timely manner.
5) Serve as leasing agent for the City during the term of
this Contract at a rate of pay of $50,000.00. Realtor shall be paid
such sum in 12 monthly installments. Realtor shall be available, on
call, by the City, to assist in the analysis of any potential lessee
proposal, regardless of the origin of the proposal.
II. TERM OF AGREEMENT.
The term of this agreement shall be December 1, 1988, through
November 30, 1989.
III. ADDITIONAL DUTIES OF REALTOR.
1) Realtor shall maintain a current real estate license and
professional liability insurance in the amount of $500,000.00.
2) Realtor shall provide a written monthly progress report
to the City during the term of this agreement, and shall appear
before the Lubbock International Airport Board at each monthly
meeting to present the progress reports.
3) Realtor must notify the Deputy Director of Aviation for
Marketing and Public Relations as soon as a Contract is discussed
formally ❑r informally with a client.
4) Realtor must maintain confidentiality on prospective
lessees unless otherwise authorized by City.
IV. INDEPENDENT CONTRACTOR.
Nothing contained herein shall be construed as creating the
relationship of employer and employee between the City and Realtor,
and the Realtor shall be deemed at all times to be an independent
contractor.
V. HOLD HARMLESS.
Realtor hereby agrees t❑ hold City harmless from any and all
claims of any nature whatsoever arising out of Realtors acti-vities
in connection with this agreement.
VI. TERMINATION.
This Contract may be terminated by either party upon the giving
of thirty (30) days written notice of said party's intention to
terminate this Contract. Notices shall be sufficient if they are
mailed to the Deputy Director of Aviation for Marketing and Public
Relations at Lubbock International Airport, Route 3, P.Q. Box 389,
Lubbock, Texas 79401, and t❑ Roy Middleton at Roy Middleton Real
Estate, 3403 73rd Street, Lubbock, Texas 79423.
November 17, 1988
Page 747
VII. OTHER COMMISSIONS AND EXPENSES.
Realtor hereby agrees that he shall neither seek nor accept any
payment or commission for his services pursuant to this agreement
other than such amounts as have been set forth herein to be paid by
City, which amounts shall not exceed $59,000.00 in total costs. Any
travel, phone calls, or any other incidental expenses associated with
the development of updated market lease rates, an analysis for
compensating real estate firms, and development of an advertising
booklet and brochures shall be included in the total Contract amount
of $59,000.00.
EXECUTED this 17th day of November, 1988.
ROY MIDDLETON REAL ESTATE:
Is/ Roy Middleton
Roy Middleton
ATTEST:
Secretary
CITY OF LUBBOCK:
Is/ B. C. McMinn
B.C. McMINN, MAYOR
ATTEST:
jsf Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Is1 Jim Bertram
Jim Bertram, Assistant
City Manager
APPROVED AS TO FORM:
Is1 Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
This Resolution authorized a Contract with Roy
Middleton, as recommended by the Airport Board at
the November 10, 1988 Council meeting. The
Contract basically sets out that Mr. Middleton is
to complete an updated Market Lease Rate
Analysis, complete an analysis for compensating
real estate firms, produce a minimum of 100
copies of a booklet, distribute copies to real
estate firms, and serve as Property Leasing Agent
for the Airport for a period of one year.
The basic compensation for professional services
will be $50,000, with an additional $9,000 to
cover the Lease Rate Analysis, analysis for
compensation, the booklets, and the distribution
of the booklets to real estate firms.
Mr. Middleton indicated that as he gets into this
project, he will work closely with the Airport,
Board of City Development, and Chamber of
Commerce in conducting promotional tours,
receptions, and other promotions at the Airport
to generate interest and to extend their
marketing efforts. The conditions of the
Contract were agreeable to Mr. Middleton, and
Staff recommended approval.
Motion was made by Councilman Maloy, seconded by
Mayor Pro Tem Baker to authorize Resolution #2957
as recommended by Staff. Motion carried: 6 Yeas;
0 Nays.
November 17, 1988
Page 748
88-47B-748-671
(15.)
88-47B-748-672
Consider -a. budget sunolement for contractual
professional services at Lubbock International
Airport.
By Council action, the Airport budget was
supplemented by $59,000 to cover payment for
services and related items in the Contract with
Roy Middleton, the section being "professional
services", and Staff recommended approval.
Motion was made by Councilman Maloy, seconded by
Mayor Pro Tem Baker to authorize a Budget
Supplement for contractual professional services
at Lubbock International Airport. Motion
carried: 6 Yeas; 0 Nays.
Councilman Carpenter requested that Staff track
this program and report periodically to Council
on progress. Councilman Maloy requested that Mr.
Middleton also report to Council on the progress.
(16.) Consider Resolution #2958 authorizing the Mayor
t❑ execute an agreement with the Texas_ Department
of Health.
RESOLUTION #2958
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 for Local Public Health Services by and between
the City of Lubbock and the Texas Department of Health, 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 17th day of November, 1988.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
IsI B. C. McMinn
B.C. McMINN, MAYOR
APPROVED AS TO FORM:
IsI R. D. Goodman Is/ Donald G. Vandiver
R. D. Goodman, Public Health Donald G. Vandiver, First
Administrator Assistant City Attorney
AGREEMENT AND RELATED DOCUMENTS FILED WITH RESOLUTION #2958.
Each year the State Health Department signs a
Contract with the City requesting that the
Lubbock Health Department provide certain
services to the community. In exchange for these
services, the Texas Department of Health provides
November 17, 1988
Page 749
the City with money for supplies, professional
services and staff. The Contract provides for 13
additional Health Department employees, 12 of
which are employees who work in the clinical
services such as prenatal and maternity, family
planning, immunization, sexually transmitted
diseases, dental, and community services.
The Contract is essentially the same as in the
past and is for $289,302 which represents a 5%
increase over fiscal year 1987-88. This dollar
amount does not include the services and supplies
received from the State such as vaccine for the
immunization clinic, inspection forms, educa-
tional pamphlets that are distributed to
patients, laboratory supplies, and additional
consultations. The actual value of the Contract
including the services and supplies provided by
the State is probably between $350,000 and
$425,000.
Staff recommended that Council approve the
Contract with the Texas Department of Health.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to authorize Resolution
#2958 as recommended by Staff. Motion carried: 6
Yeas; 0 Hays.
88-47B-749-673
(17.) Consider Ordinance #9238 setting sewer rates.
ORDINANCE #9238
AN ORDINANCE AMENDING SECTION 28-92 OF THE CODE OF ORDINANCES
OF THE CITY OF LUBBOCK, TEXAS, IN ITS ENTIRETY SO AS TO CHANGE THE
RATES FOR SEWER SERVICE WITHIN THE CITY OF LUBBOCK EFFECTIVE JANUARY
1, 1989; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Effective January 1, 1989, the base sewer rate
for a residential customer will be $5.60 per
month for the first 3,000 gallons and 68¢ per
thousand gallons per month thereafter. This
reflects a $1.00 per month increase for
residential customers on the base rate and 35t
per thousand gallons per month on the flow rate.
The base rates for commercial meters are based on
an equivalent meter ratio and are illustrated in
the ordinance.
Staff recommended approval.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to pass on first reading
Ordinance #9238 as recommended by Staff. Motion
carried: 6 Yeas; 0 Nays.
88-47B-749-674
(19.) Hold an Executive Session to discuss pending
litigation --Water Utilities and Fire; Land
acquisition --Water Utilities.
November 17, 1988
Page 749
the City with money for supplies, professional
services and staff. The Contract provides for 13
additional Health Department employees, 12 of
which are employees who work in the clinical
services such as prenatal and maternity, family
planning, immunization, sexually transmitted
diseases, dental, and community services.
The Contract is essentially the same as in the
past and is for $289,302 which represents a 5%
increase over fiscal year 1987-88. This dollar
amount does not include the services and supplies
received from the State such as vaccine for the
immunization clinic, inspection forms, educa-
tional pamphlets that are distributed to
patients, laboratory supplies, and additional
consultations. The actual value of the Contract
including the services and supplies provided by
the State is probably between $350,000 and
$425,000.
Staff recommended that Council approve the
Contract with the Texas Department of Health.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to authorize Resolution
#2958 as recommended by Staff. Motion carried: 5
Yeas; 0 Hays.
88-47B-749-573
(17.) Consider Ordinance #9238 setting sewer rates.
ORDINANCE #9238
AN ORDINANCE AMENDING SECTION 28-92 OF THE CODE OF ORDINANCES
OF THE CITY OF LUBBOCK, TEXAS, IN ITS ENTIRETY SO AS TO CHANGE THE
RATES FOR SEWER SERVICE WITHIN THE CITY OF LUBBOCK EFFECTIVE JANUARY
1, 1989; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Effective January 1, 1989, the base sewer rate
for a residential customer will be $5.60 per
month for the first 3,000 gallons and 68¢ per
thousand gallons per month thereafter. This
reflects a $1.00 per month increase for
residential customers on the base rate and 35¢
per thousand gallons per month on the flow rate.
The base rates for commercial meters are based on
an equivalent meter ratio and are illustrated in
the ordinance.
Staff recommended approval.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to pass on first reading
Ordinance #9238 as recommended by Staff. Motion
carried: 5 Yeas; 0 Nays.
88-47B-749-674
(19.) Hold an Executive Session to discuss pending
litigation --Water Utilities and Fire; Land
acquisition --Water Utilities.
November 17, 1988
Page 750
88-47B-750-675
(20.) BID 09957--Power scrubber -
Western Clarklift & Supply Inc.--1 Powered
sweeper.
Bailey Forklift & Service Co., Dallas--1 Heavy
duty power scrubber..
Motion was made by Councilman Patterson, seconded
by Councilman Phillips to accept low bids meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
88-47B-750-676
(21.) RFP 09925--Municipal Safety System Expansion, and
authorize same (Information Services).
Awarded to Digital Equipment Carp. --Municipal
Safety Information System Expansion and Software
License
RESOLUTION #2959
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 Digital
Equipment Corporation for Municipal Safety Information System
Expansion, 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 17th day of November, 1988.
ATTEST:
Is/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Is1 Gene Eads
Gene Eads, Purchasing Manager
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
/sj B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Is1 Harold Willard
Harold Willard, Assistant
City Attorney
THIS AGREEMENT, made and entered into this 17th 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 DIGITAL
EQUIPMENT CORPORATION, hereinafter termed CONTRACTOR.
November 17, 1988
Page 751
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:
RFP 49925--Municipal Safety Information System Expansion as described
in OWNER'S REQUEST FOR PROPOSAL. Hardware, Software, and License
Agreements in the amount of $182,787.50.
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:
Is1 Ranette Boyd
Secretary
APPROVED AS TO CONTENT:
Isj Thomas 0. Martin
ATTEST:
CITY OF LUBBOCK, TEXAS (OWNER)
Is/ B. C. McMinn
Mayor
APPROVED AS TO FORM:
s Donald G. Vandiver
DIGITAL EQUIPMENT CORPORATION
CONTRACTOR
By: Is1 Frank W. Bowden
TITLE: Vice President --South
Central Area Sales
COMPLETE ADDRESS: 4851 LBJ Freeway, Dallas, TX 75244
Motion was made by Councilman Patterson, seconded
by Councilman Phillips to authorize Resolution
02959 as recommended by Staff. Motion carried: 5
Yeas; 0 Nays.
November 17, 1988
Page 752
88-41B-152-611
(18.)
ORDINANC #9239
AN ORDINANCE AMENDING SECTION 2-407.2 OF THE CODE OF ORDINANCES
OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE TERMS OF OFFICE OF
THE MEMBERS OF THE BOARD OF CITY DEVELOPMENT; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR PUBLICATION.
At the last City Council work session, Council
discussed various options t❑ stagger the terms of
the Board of City Development to reflect a
replacement on a five -five -five stagger basis.
Council instructed the City Attorney to prepare
an ordinance amendment that would incorporate
these based on the discussion at the work
session.
During Council discussion of this item in work
session, it was consensus that the Ordinance be
changed to read that new appointees not be
prohibited from serving for 3 consecutive terms,
if appointed and that provisions regarding
staggering of terms be deleted.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Carpenter to pass on first reading
Ordinance #9239 to be amended as follows:
Strike provisions regarding staggering
of terms, and add provisions that an
individual not presently appointed to
the BCD after appointment by Council,
may serve 3 consecutive terms.
Motion carried: 5 Yeas; I Nay --Councilman
Phillips.
88-41B-152-618
(22.) Bid #9927--H.V.A.C. E ui ment Maintenance
Contract - Civic Center, and authorize same
(Building Services.).
RESOLUTION #2960
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 Honeywell,
Inc. for H.V.A.C. Equipment Maintenance Contract - Civic Center,
attached herewith, which shall be spread upon the minutes ❑f 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.
November 17, 1988
Page 753
Passed by the City Council this 17th day of November, 1988.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Is1 Gene Eads
Gene Eads, Purchasing Manager
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
Is1 B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Is1 Harold Willard
Harold Willard, Assistant
City Attorney
THIS AGREEMENT, made and entered into this 17th 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 HONEWELL,
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. 9927--HVAC EQUIPMENT MAINTENANCE CONTRACT - MEMORIAL CIVIC
CENTER IN THE TOTAL AMOUNT OF $99,996.00 (REFERENCE ITEM #1 AND ITEM
#3 ON BID PROPOSAL.)
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 t❑ 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.
November 17, 1988
Page 754
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:
Zs/ Ranette Boyd
Secretary
APPROVED AS TO CONTENT:
/s1 Van McVay
ATTEST:
CITY OF LUBBOCK, TEXAS (OWNER)
ZsZ-B. C. McMinn
Mayor
APPROVED AS TO FORM:
jsZ Donald G. Vandiver
HONEYWELL, INC.
CONTRACTOR
By: Is1 Mike F. Thoma
TITLE: Territory Manager
COMPLETE ADDRESS: 1622 6th Street, Lubbock, TX 79401
Since 1983, the Civic Center has had a Contract
with Honeywell for the maintenance of the heating
ventilation and air conditioning system and the
energy management system. The current Contract
provides for preventive maintenance on both of
these systems, as well as limited repair and
replacement parts but does not define the exact
duties and responsibilities of the contractor.
In order to have a well defined Contract that
clearly listed all the equipment, the tasks
performed, and the frequency which they should be
performed, a consulting engineer was selected
following the request for proposals. Jack
Roberts, a consulting engineer from Fanning,
Fanning and Associates, was retained to develop
specifications. He and his staff conducted a
thorough inspection of all the equipment and
reviewed the equipment manufacturers' recommended
maintenance activities. Prior to writing the
specifications, he compiled a list of service
work he felt needed to be accomplished prior to
the beginning of a new Contract period.
The specifications required that the vendors must
bid on both the HVAC and mechanical equipment as
well as the Energy Management System. The Civic
Center staff and consulting engineer felt it
would be in the best interest of the City to have
one company responsible for the entire system
since it is often difficult to determine if
problems are a result of equipment failure or
system failure and response and resolution time
is critical.
The bid document required quotations for two
years with an option for the third, fourth, and
fifth years. The intent was that the City get a
better price for a long term Contract (i.e., five
years). The City wanted to exercise the option
for a third, fourth, and fifth year based on the
contractor's performance.
The specifications included four components: a
preventive and a total maintenance Contract on
the HVAC system and a preventive and total
maintenance Contract on the automation system.
November 17, 1988
Page 755
Bids were advertised on September 18 and 25, a
pre -bid conference was held on October 10, and
the bids closed on October 27 and bid documents
were either picked up, mailed to or reviewed by
approximately 15 bidders. Three vendors submitted
bids: Johnson Controls, Honeywell, Inc., and
Trane Service Group. Trane did not submit bids
for the maintenance of the energy management
system as specified in the bid documents,
therefore, their bid is not acceptable.
Johnson Controls submitted a bid for $165,516 for
the total maintenance of the HYAC and mechanical
system and $9,240 for the total maintenance of
the energy management system for a total bid of
$174,756 for two years for the total maintenance
Contract. The price for the third, fourth, and
fifth year is $85,517 for the HYAC and mechanical
and $4,900 for the energy management system or a
total of $90,417 per year for the third, fourth,
and fifth years.
Honeywell, Inc. submitted a bid for $75,276 for
total maintenance on the HYAC and mechanical
system and $24,720 for total maintenance on the
energy management system, for a total of $99,996.
Honeywell has indicated that they inadvertently
submitted a price for one year instead of the two
year price which the bid called for. In
addition, they quoted only the escalation cost
for the third, fourth and fifth years rather than
the entire costs for service for each year for
the third, fourth, and fifth year. However,
Honeywell has indicated in a letter that they
will honor their bid as submitted.
Once a successful bidder has been selected, the
City wants to ensure that the successful bidder
provides the level of maintenance as specified in
the Contract. In addition to the monthly
inspections performed by the Civic Center staff,
the Staff will retain an independent engineer to
inspect the work performed to ensure compliance
with the Contract. The independent inspection
will be performed by either the Building and
Energy Administrator with Building Services or
consulting engineer.
Motion was made by Councilman Carpenter, seconded
by Councilman Phillips to authorize Resolution
#2960 and award the bid to Honeywell, Inc. for
total maintenance service of Heating,
Ventilating, Air Conditioning and Mechanical
Equipment, including the Temperature Control
System; and also award the bid to Honeywell, Inc.
for total maintenance service of the Energy
Management System, both awards being for 2 years.
The Motion further stipulated that Item #1-B and
2-B be rejected. Motion carried: 6 Yeas; 0 Nays.
88-47B-755-679
(23.) Hold an Executive Session on personnel matters to
discuss appointments to:
Southeast Lubbock Development Corporation
November 17,1988
Page 756
88-47B-756-680
(24.)
Motion was made by Councilman Phillips, seconded
by Councilman Patterson to reappoint N. P. Holmes
to the Southeast Lubbock Development Corporation.
Motion carried: 6 Yeas; D Nays.
There being no further business to come before Council, motion was
made by Councilman Phillips, seconded by Councilman Patterson to
adjourn the meeting at 10:26 a.m. Motion carried: 6 Yeas; D Nays.
. C. McMI N, MAYOR
ATTE
Rane a oyd, City Secretar C
READ AND APPROVED THIS 8TH DAY OF DECEMBER, 1988.
-'J
Jo�� z SAKE . PRO TEM
ATTEST:
Rane a Boyd, City Secretary
November 17, 1988
%•'ldar-'"' AFFIDAVIT
THE STATE OF TEXAS §
COUNTY OF [,,, bL. t K §
I, �AA,0 i3AKer as a member of the J,.,k4ack G Cnv41,►4 make
this affidavit and hereby on oath state the following: I, and/or a person or
persons related to me, have a substantial interest in a business entity that would be
Peculiarly affected by a vote or decision of the LoW. -K C. i y �n���,'I
(city council, commission of board)
as those terms are defined in Article 988b, V.T.C.S. �f�4�••�: 17�.00►-•/7r••e� �.�.� 6.�►
�ao� •� T�jis�
The business entity is _ _a fit. FA r#"s
name
we n%#4c rAS' .'F gyp. aa9
address
4— (have/has) a substantial interest in this
"I" or name of relative and relationship)
business entity for the following reasons: (check all which are applicable).
Ownership of 10% or more of the voting or shares of the business
entity.
Ownership or $2,500 or more of the fair market value of the business
entity.
Funds received from the business entity excess 10% of
income for the previous year. (my,her,hns)
Real property is involved and - have -an equitable or legal
I,he,she)
ownership with a fair market value of at least $2,5000.
✓W A relative of mine has a substantial interest in the business entity
or property that would be affected by a decision of the
public body of which I am a member.
Upon the filling of this affidavit with the [,r SccY- 1 , I affirm
city clerk or secretary)
that I will abstain from voting on any decision involving this business entity
and from any further participation on this matter whatsoever.
Signed this day of _ � 1989
Si ature of officY
Title
BEFQRE ME, the undersigned authority, this day personally appeared ./eku __e>►Ke r
and on oath stated that the facts hereinabove stated are true to
the best of h r►- knowledge or belief.
SITS her
Sworn to and subscribed before me on this
Nd da of m , 198g
Notary Public Wand for the
State of Texas ��r;r; ;;,•,; f
My commission expires: N4;. ,-.•..,