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Home My WebLink AboutMinutes - City Council - Regular - 12/8/1988757 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING MINUTES DECEMBER 8, 1988 The City Council of the City of Lubbock, Texas met in regular session on the 8th day of December, 1988 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 9:00 a.m. Present: Mayor Pro Tem Joan Baker, Councilman T. J. Patterson, Councilman Gary Phillips, Councilwoman Maggie Trejo, Councilman Bill Malay, Councilman George Carpenter, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr., and Deputy City Secretary Linda Glenn. Absent: Mayor B.C. McMinn, City Secretary Ranette Boyd. Mayor Pro Tem Joan Baker called the meeting to order at 9:00 a.m. { 1.) The Invocation was given by Deputy City Manager Bob Cass. { 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. { 3.) Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to approve the Minutes of the November 17, 1988 Regular City Council meeting as written. Motion carried: 6 Yeas; 0 Nays 88-47B-757-681 ( 6.) 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. 88-47B-757-682 ( 7.) Motion was made by Councilman Patterson, seconded by Councilman Carpenter to pass on second and final reading Ordinance #923B. Motion carried: 6 Yeas; 0 Nays. ORDINANCE #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. December 8, 1988 Page 758 88-47B-758-683 (10.) Motion was made by Councilman Patterson, seconded by Councilman Carpenter to pass ❑n second and final reading Ordinance #9239. Motion carried: 5 Yeas; 1 Nay --Councilman Phillips. Consider Resolution.#2961 accepting drainage RESOLUTION #2961 RESOLUTION ACCEPTING DRAINAGE IMPROVEMENTS AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Lakeridge Country Club Estates, Tract G, made arrangements with Mize Engineering and Development, Inc. and Hugo Reed and Associates, Inc., for the construction of drainage improvements 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: Concrete drainage channel from South edge of existing slab on South side of 82nd West of Vicksburg Avenue to 535 feet South known as new Subdivision No. 2033-99; and WHEREAS, the construction ❑f the above improvements 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 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. Passed by the City Council this 8th day ❑f December, 1988. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Isj Larry Hertel Larry D. Hertel, City Engineer By: Is1 Joan Baker, Mayor Pro Tem for B. C. McMINN, MAYOR APPROVED AS TO FORM: Zs/ Harold Willard Harold Willard, Assistant City Attorney This is a routine acceptance of drainage improvements required at the time of platting this subdivision located between Vicksburg Avenue and Slide Road on the south side of 82nd Street. There is n❑ City cost due the contractor and Staff recommended approval of these improvements. December 8, 1988 Page 759 88-47B-759-684 (11.) Motion was made by Councilman Patterson, seconded by Councilman Maloy to authorize Resolution #2961 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. RESOLUTION #2962 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 Westchester Park Addition, Lots 1-138 made arrangements with Kerr Construction Company & Hugo Reed & Associates, Inc., 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: 9th Street from its intersection with the cul-de-sac east of Milwaukee Avenue to its intersection with the west lip line of Justice Avenue known and designated as New Subdivision Sub -Unit Number 79 of Unit Number 2033. 10th Street from its intersection with the east lip line of Kirby Avenue to its intersection with the west lip line of Kewanee Avenue known and designated as New Subdivision Sub -Unit Number 80 of Unit Number 2033. 10th Street from its intersection with the east lip line of Kewanee Avenue to its intersection with the west lip line of Justice Avenue known and designated as New Subdivision Sub -Unit Number 81 of Unit Number 2033. 10th Street from its intersection with the east lip line of Justice Avenue to its intersection with a line 7 feet east of east line of alley east of Justice Avenue known and designated as New Subdivision Sub -Unit Number 82 of Unit Number 2033. North 1/2 of 11th Street from its intersection with the east end of radius at Kirby Avenue to its intersection with a line 7 feet east of east line of alley east of Justice Avenue known and designated as New Subdivision Sub -Unit Number 83 of Unit Number 2033. East 1/2 of Milwaukee Avenue from its intersection with the north end of radius at 10th Street to its intersection with a line 7 feet north of north line of alley north of 9th Street known and designated as New Subdivision Sub -Unit Number 84 of Unit Number 2033. Kline Avenue from its intersection with the north lip line of 10th Street to its intersection with the south lip line of 9th Street known and designated as New Subdivision Sub -Unit Number 85 of Unit Number 2033. Kline Avenue from its intersection with the north lip line of 9th Street to its intersection with a line 7 feet north of north line of alley north of 9th street known and designated as New Subdivision Sub -Unit Number 86 of Unit Number 2033. December 8, 1988 Page 760 Kirby Avenue from its intersection with the north end of radius at 10th Street to its intersection with the south lip line of 9th Street known and designated as New Subdivision Sub -Unit Number 87 of Unit Number 2033. Kewanee Avenue from its intersection with the north lip line of 11th Place to its intersection with the south lip line of 9th Street known and designated as New Subdivision Sub -Unit Number 88 of Unit Number 2033. Justice Avenue from its intersection with the back of curb ❑n north side of 11th Place to its intersection with a line 7 feet north of north line of alley north of 9th Street known and designated as New Subdivision Sub -Unit Number 89 of Unit Number 2033; and WHEREAS, the construction ❑f the above improvements ❑n the above streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found t❑ 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. Passed by the City Council ❑n this 8th day ❑f December, 1988. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry D. Hertel, City Engineer By: /s/ Joan Baker, Mayor Pro Tem for B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney This is a routine acceptance of paving improvements required at the time of platting this subdivision located south ❑f 4th Street and East ❑f Milwaukee Avenue. There is no City cost due the contractor and Staff recommended approval. Motion was made by Councilman Patterson, seconded by Councilman Maloy to authorize Resolution #2962 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. December 8, 1988 Page 761 88-478-761-685 (12.) Consider Resolution #2963 accepting drainage improvements constructed by Kerr Construction Company in Kin 's Gate West Addition Lots 1-6. RESOLUTION #2963 RESOLUTION ACCEPTING IMPROVEMENTS AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of King's Gate - West Addition, Lots 1 through 6 made arrangements with Kerr Construction Company for the construction of drainage improvements 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: Concrete drainage slab from Lot 4 to 20 feet south of south property line of Lot 6 known as new Subdivision Unit Number 2033-70; and WHEREAS, the construction of the above improvements 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 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. Passed by the City Council this 8th day of December, 1988. ATTEST: /s/ Ranette_Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry D. Hertel, City Engineer By: Is/ Joan Baker, Mayor Pro Tem for B. C. McMINN, MAYOR APPROVED AS TO FORM: /s1 Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney This is a routine acceptance of drainage improvements required at the time of platting this subdivision located north of 98th Street and west of Quaker Avenue. There is no City cost due the contractor and Staff recommended approval. Motion was made by Councilman Patterson, seconded by Councilman Maloy to authorize Resolution 42963 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. December 8, 1988 Page 762 88-47B-762-686 (13.) Consider Resolution #2964 accepting avin improvements constructed by Kerr Construction Comgany on the Godeke Library Parkin Lot (Project No. 930I). RESOLUTION #2964 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT it is hereby determined, based upon the opinion of the City Engineer, that the improvements constructed by Kerr Construction Company, Inc. have been satisfactorily completed on Godeke Library Parking Lot Reconstruction Project No. 9301 and are hereby accepted as such by the City of Lubbock. SECTION 2. THAT final payment in the amount of $2,403.51 unto Kerr Construction Company, Inc., the contractor on the project, is hereby authorized. Passed by the Council this 8th day of December, 1988. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry D. Hertel, City Engineer 88-47B-762-687 (14.) By: /s/ Joan Baker, Mayor Pro Tem for B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney This is a routine acceptance of the construction of paving improvements of the parking lot at Godeke Library located north of South Loop 289 and east of Quaker Avenue. The work was done in conjunction with the Leroy Elmore Drainage project. The total amount of work done was $48,070.25, and the final payment of $2,403.51 is due the contractor with this acceptance. Staff recommended approval of these improvements. Motion was made by Councilman Patterson, seconded by Councilman Maloy to authorize Resolution #2964 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. ORDINANCE #9240 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A STORM WATER STORAGE AND DRAINAGE EASEMENT LOCATED IN SECTION 11, BLOCK E-2, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. December 8, 1988 Page 763 88-47B-763-688 (15.) This portion of an easement to be closed is located west, north, and east of Lots 1 and 2, King's Gate North Addition, the addition being north of 82nd Street and east of Quaker Avenue. This closure is for commercial development and is in conjunction with the Quitclaim Deed granted to North King's Gate Development, LTD, by Council on November 17, 1988. Ordinance #9240 conforms to the current platting policies of the City of Lubbock, and Staff recommended approval of the closing of a portion of this Easement. Motion was made by Councilman Maloy, seconded by Councilman Patterson to pass on first reading Ordinance #9240. Motion carried: b Yeas; 0 Nays. RESOLUTION #2965 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: for the widening of Detroit Avenue, and this City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION I. THAT the fee simple title to the following described 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: Lot One (1), Block Six (6), Marlin Park Addition to the City of Lubbock, Lubbock County, Texas. SECTION 2. THAT the owners of said tract, including Dewey Letson and his wife, Mary E. Letson, BE offered through the Right -of - Way Department of the City of Lubbock the amount of $25,000, which is the amount appraised as the value and total damages for the fee simple title and acquisition of 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 fee simple title to said land as hereinabove described for public purposes and municipal purposes. December 8, 1988 Page 764 Passed by the City Council this 8th day of December, 1988. ATTEST: Is/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s1 Ed Bucy Ed Bucy, Right -of -Way Agent By: /s1 Joan Baker, Mayor Pro Tem for B. C. McMINN, MAYOR APPROVED AS TO FORM: Is/ J. Worth Fullingim J. Worth Fullingim Assistant City Attorney The property at Lot 16, Block 5 of Marlin Park Addition is a single-family residence, necessary for the widening of Detroit Avenue from 4th Street north to Clovis Road. The Veterans Administration's representative, Bobby McQueen, previously had stated that property would be listed on the market for $31,000 and would sell for a low dollar amount of $28,000. However, after inspection of the house by the Right -Of -Way Agent, it was felt that the price quoted was excessive. It was discovered by the ROW Agent that the property in question had been purchased September 6, 1988 by Mortgage and Trust, Inc. for $22,000, and shortly thereafter it was sold again to the Veterans Administration. The final offer to the Veterans Administration was $23,000, to which they are not opposed, and Staff recommended approval. Motion was made by Councilwoman Trejo, seconded by Councilman Phillips to authorize Resolution #2965 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 88-47B-764-689 (16.) Consider Ordinance #9241 establishing two-way traffic on 15th Street and 16th__Street between Avenue B and Avenue_Q_. ORDINANCE #9241 AN ORDINANCE ESTABLISHING TWO-WAY TRAFFIC ON 15TH STREET FROM ITS INTERSECTION WITH AVENUE B TO ITS INTERSECTION WITH AVENUE Q; AND ESTABLISHING TWO-WAY TRAFFIC ON 16TH STREET FROM ITS INTERSECTION WITH AVENUE B TO ITS INTERSECTION WITH AVENUE Q; PRESCRIBING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND EFFECTIVE DATE OF THIS ORDINANCE. This is a recommendation by the Citizens Traffic Commission and Downtown Lubbock, Inc., the cost being approximately $7,500, and Staff recommended approval. Motion was made by Councilwoman Trejo, seconded by Councilman Carpenter to pass on first reading Ordinance #9241. Motion carried: 6 Yeas; 0 Nays. December 8, 1988 Page 765 88-47B-765-690 (17.) Consider Ordinance #9242 establishing a 40 m h speed limit on 4th Street between University Avenue and Brownfield Road. ORDINANCE #9242 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN PORTIONS OF FOURTH STREET, AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 88-47B-765-691 (18.) The State Department of Highways and Public Transportation conducted a speed study in this area in September, 1988, the results showing a 40 mph speed limit to be appropriate. The existing speed limit is 40 mph eastbound and 35 mph westbound. This ordinance has been requested by the State Department of Highways and Public Transportation and City Staff recommended approval. Motion was made by Councilman Phillips, seconded by Councilman Carpenter to pass on first reading Ordinance #9242. Motion carried: 6 Yeas; 0 Nays. ORDINANCE #9243 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN PORTIONS OF BROWNFIELD ROAD, AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND REPEALING ORDINANCE NO. 7483 OF THE CITY OF LUBBOCK. The State Department of Highways and Public Transportation conducted a speed study in this area in September, 1988, the results were that the proposed speed limits would be appropriate. The existing speed limits in this area range from 40 mph to 55 mph. The State Department of Highways and Public Transportation gave the request for this ordinance, and Staff recommended approval. Motion was made by Councilman Patterson, seconded by Councilman Phillips to pass on first reading Ordinance #9243 as recommended by Staff. Motion carried: 6 Yeas; 0 Hays. December 8, 1988 Page 766 88-41B-166-692 (19.) Consider Ordinance #9244 establishing a 30 mph s eed limit n 10th Street between Avenue Q and University Avenue. ORDINANCE #9244 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN PORTIONS OF 10TH STREET, AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 88-41B-166-693 (20.) Since the removal of the one-way designation on the majority of 10th Street in this area, the character of the street has changed from being a collector street to primarily a residential street. Therefore, Staff perceived that a 30 mph speed limit would be more appropriate than the existing 35 mph speed limit and recommend approval. Motion was made by Councilwoman Trejo, seconded by Councilman Carpenter to pass on first reading Ordinance #9244 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. ORDINANCE #9245 AN ORDINANCE ADDING A NEW SECTION 6-85.9.1 TO THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, AMENDING SECTION 608(d) OF THE 1988 UNIFORM PLUMBING CODE WITH REGARD TO HOME DISHWASHER AIRGAPS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The Plumbing/Mechanical Board has determined that the proposed amendment to the Code would be an appropriate alternative and provides for the required airgap to be installed safely. A large number of the new -type sinks countertops now being installed do not provide an opening for installation of the airgap fittings, therefore making it difficult to comply with this section of the Code. The Plumbing/Mechanical Board and City staff recommended the amendment and requested approval. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to pass on first reading Ordinance #9245 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. December 8, 1988 Page 767 88-47B-767-694 (21.) Consider Resolution #2966 authorizing the Mayor to sign Grant Agplication to Texas Parks and Wildlife Commission. RESOLUTION #2966 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 grant application to be submitted to the Texas Parks and Wildlife Department in connection with the development of Kingsgate Park, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 8th day of December, 1988. ATTEST: Is1 Ranette�Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: I s/ Rita P. Harmon Rita P. Harmon, Assistant City Manager By: Is1 Joan Baker, Mayor Pro Tem for B.C. McMINN, MAYOR APPROVED AS TO FORM: Zs/ Harold Willard Harold Willard, Assistant City Attorney GRANT APPLICATION FILED WITH RESOLUTION #2966. During the 19B8-89 budget hearings, Council allo- cated $100,000 for the purpose of applying for a matching grant from the Texas Parks and Wildlife Department for development of King's Gate Park. The grant application is for the first phase of King's Gate Park, consisting of grading and drainage work, security lighting, a 3/4 mile jogging track and a volleyball court, total cost being approximately $200,000. The City is to share the costs equally with Texas Parks and Wildlife Department. The executed grant application is to be completed and sent to Texas Parks and Wildlife Department by January 31, 1989, where it will be reviewed by the Department for a period of six months before a decision is reached. Upon notice of this approval, an Application of Contract is required from the City of Lubbock to inform the Texas Parks and Wildlife Department of all bidding procedures and to submit finalized plans and specifications; construction will not begin until these procedures are approved. Although grant approval and subsequent development will improve the park site, funds of approximately $121,000 will be required to complete Phase II which will be used for an irrigation system, playground equipment, picnic units and landscaping. The grant application for Phase II of this development is to be submitted to Texas Parks and Wildlife in 1989-90. December 8, 1988 Page 768 Motion was made by Councilman Maloy, seconded by .Councilwoman Trejo to authorize Resolution #2966 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 88-47B-768-695 (22.) Consider Resolution #2967 authorizing the Mayor to execute. an Agreement with the South Plains Association of Governments for a Regional Crime Prevention Program. RESOLUTION #2967 BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract between the City and South Plains Association of Governments for the continuation of the Regional Crime Prevention Program, 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 8th day of December, 1988. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: By: /s/ Joan Baker, Mayor Pro Tem for B. C. McMINN, MAYOR APPROVED AS TO FORM: IsI Thomas J. Nichols IsI Dennis W. McGill Thomas J. Nichols, Chief of Police Dennis W. McGill, Assistant Civil Trial Attorney AGREEMENT BETWEEN SOUTH PLAINS ASSOCIATION OF GOVERNMENTS AND THE CITY OF LUBBOCK STATE OF TEXAS § COUNTY OF LUBBOCK § 1. This agreement is made and entered into by and between South Plains Association of Governments, acting a GRANTEE AGENCY, and the City of Lubbock, acting as SERVICE PROVIDER, in aid of Criminal Justice Division grant number SF 89-AO1-2125, titled: Regional Crime Prevention Program/1, attached hereto as Exhibit A. 2. South Plains Association of Governments, as the GRANTEE AGENCY, shall be responsible for the administration of the regional crime prevention program and the coordination of crime prevention programs. The City of Lubbock, as the SERVICE PROVIDER, shall act as the sponsoring agency, providing vehicles and video equipment to be used by the officers in presenting crime prevention programs in the 15 county SPAG region. 3. The GRANTEE AGENCY is responsible for closely monitoring the SERVICE PROVIDER and the exercise of reasonable care to enforce all terms and conditions of the grant. December 8, 1988 Page 769 4. Requirements of the Uniform Grant and Contract Management Standards (UGCMS) promulgated pursuant Texas Civil Statutes to Article 4413 (32g) are adopted by reference as part of this contract, including the contract provision as in Attachment O, item 14, of the above standards. The GRANTEE AGENCY shall keep all project records. Records shall be preserved for three (3) years for inspection by CJD, or any state or federal agency authorized to inspect the same. 5. The SERVICE PROVIDER shall furnish the services, facilities, equipment, material, etc., as cited in item 2 above. 5. Payment for the above shall be made as follows: A. The GRANTEE AGENCY shall reimburse the SERVICE PROVIDER for vehicle usage by police officers for crime prevention activities allowable under the grant on a quarterly basis at 22t per mile. B. Police Officers or other police department personnel shall be independent contractors of the GRANTEE AGENCY and paid directly by the GRANTEE AGENCY. Only police officers or personnel from the City of Lubbock Police Department shall be employed and used in this Regional Crime Prevention Program/1. 1. Billing for the above shall be provided the same as would be provided to institutional purchasers in the absence of a grant and shall consist of a brief statement of the service or other item provided and the basis for the billing rate: 8. In the event of a default of the SERVICE PROVIDER, the GRANTEE AGENCY may cancel or suspend the contract and the SERVICE PROVIDER shall be entitled to recover for all services provided or materials delivered prior to the CANCELLATION DATE (or unused materials may be returned) or shall repay any funds advanced for services not yet rendered. 9. All licenses, legal certifications, or inspections required for the services, facilities, equipment, or materials, and all applicable state and federal laws and local ordinances shall be complied with by the SERVICE PROVIDER. Failure to comply with this requirement shall be treated as a default. 10. This contract shall become effective October 1, 1988, and automatically terminate on the grant expiration date or any extension thereof granted by CJD. All services billed hereunder must be rendered within the grant period. December 8, 1988 Page 770 EXECUTED this 8th day ❑f December, 1988 SOUTH PLAIN A SO IA ION OF GOVERNMENTS CITY -OF LUBBOCK Name ❑f GRANTEE AGENCY Name of SERVICE PROVIDER By: s Jerry D. Casstevens By: Is1 Joan Baker, Mayor Pro Tem for B.C. "Peck" McMinn ATTEST: Is/ Ranette Bo_yd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is1 Thomas J. Nichols Tom Nichols, Chief of Police APPROVED AS TO FORM: /s/ Dennis W. McGill Dennis McGill, Asst. City Attorney ATTACHMENTS AND RELATED DOCUMENTS FILED WITH RESOLUTION #2957. The fourth Criminal Justice Division grant expired September 30, 1988 form the South Plains Association of Governments. During the four-year life of this grant, the City has contracted with SPAG to provide crime prevention services to the region. SPAG hires police off -duty ❑fficers to issue engraving equipment and literature to be public as well as in -person presentations to towns and cities in a 15-county area. The City ❑f Lubbock is to be reimbursed for vehicle expenses of off -duty Crime Prevention personnel not to exceed $1,584 (payments will be made quarterly), and off -duty officers are to be paid directly by SPAG. Staff recommended approval of this Agreement for a fifth contract year. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to authorize Resolution #2957 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. 88-479-770-695 (24.) BID #9959--Li ht bars Radio Shop). Daco Fire Safety Equipment--37 Emergency light bars. Big Country Supply, Abilene--2 Utility light bars. Motion was made by Councilman Carpenter, seconded by Councilman Maloy to accept low bids meeting specifications. Motion carried: 6 Yeas; 0 Nays. December 8, 1988 Page 771 88-47B-771-697 (25.) BID #9965--Cumin ries Central Warehouse). Cummins Supply, Amarillo--150 250W Luminaire; 200 40OW Luminaire. Armstrong Electrical Supply Co., Abilene--150 Small J Box. Westinghouse Electric Supply--100 Breakaway base, small. Motion was made by Councilman Carpenter, seconded by Councilman Maloy to accept low bids meeting specifications. Motion carried: 6 Yeas; 0 Nays. 88-47B-771-698 (26.) BID #9970--Roofing projects: and authorize same [Various]. Lydick Roofing Co. of Lubbock --Roofing projects: LP&L Power Plant Turbine #2 Bldg.; LP&L Substation; LP&L Cooling Tower Pump Bldg.; Municipal Square Phase II; LP&L Substation Re- roofing, 4th & J. RESOLUTION #2968 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 Lydick Roofing Company for roofing projects, 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 8th day of December, 1988. ATTEST: Is1 Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is/ Gene Eads Gene Eads, Purchasing Manager STATE OF TEXAS COUNTY OF LUBBOCK By: s Joan Baker, Mayor Pro Tem for B.C. McM1NN, MAYOR APPROVED AS TO FORM: Is1 Harold Willard Harold Willard, Assistant City Attorney CONTRACT THIS AGREEMENT, made and entered into this 8th day of December, 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 LYDICK ROOFING CO. of the City of LUBBOCK, County of LUBBOCK, and the State of TEXAS, hereinafter termed CONTRACTOR. December 8, 1988 Page 772 WITNE55ETH: 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. 9970 - ROOFING PROJECTS IN THE TOTAL AMOUNT OF $87,379.00. and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do s❑ 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: Is/ Ranette Boyd City Secretary APPROVED AS TO CONTENT: Is/ Jerry Smith ATTEST: Is1 Betty C. Ferguson COMPLETE ADDRESS: P.O. Box 2605, Lubbock, TX 79408 CITY OF LUBBOCK, TEXAS (OWNER) Zs/ B. C. McMinn Mayor APPROVED AS TO FORM: Is1 Donald G. Vandiver LYDICK ROOFING CO. OF LUBBOCK CONTRACTOR By: ZsZ C. W. Lewis TITLE: Asst. Vice President Motion was made by Councilman Carpenter, seconded by Councilman Malay to authorize Resolution #2968 as recommended by Staff. Motion carried: 6 Yeas; 0 hays. 88-47B-772-699 (27.) Bid #9905-- Fru-Con Construction Corp., Baldwin, MO--21 Megawatt Cogeneration Project. December 8, 1988 Page 773 RESOLUTION #2969 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 FRU-CON Construction Corporation for 21 Megawatt Cogeneration Project, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 8th day of December, 1988. ATTEST: IsZ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is1 Gene Eads Gene Eads, Purchasing Manager STATE DF TEXAS COUNTY OF LUBBOCK By: jsj Joan Baker, Mayor Pro Tem for B. C. McMINN, MAYOR APPROVED AS TD FORM: /sj Harold Willard Harold Willard, Assistant City Attorney CONTRACT THIS AGREEMENT, made and entered into this 8th day of December, 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 FRU-CON CONSTRUCTION CORP. of the City of BALLWIN, County of ST. LOUIS, and the State of MISSOURI, 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. 9905 - 21 MEGAWATT COGENERATION PROJECT IN THE TOTAL AMOUNT OF $14,849,995.00. and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. December 8, 1988 Page 774 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/ Ranette Bond_ City Secretary APPROVED AS TO CONTENT: Is1 Jay Wadsworth ATTEST: IsI Leonard R. Ruzicka COMPLETE ADDRESS: CITY OF LUBBOCK, TEXAS (OWNER) Is1 B. C. McMinn Mayor APPROVED AS TO FORM: Is1 Donald G. Vandiver FRU-CON CONSTRUCTION CORP. CONTRACTOR BY: /s/ Manfred Lunp TITLE: President & CEO 15933 Clayton Road, Ballwin, MO 63011 On May 12, 1988, the City Council approved the hiring of Power Projects, Inc. to develop specifications and assist in bidding and evaluation of the bidders on the Lubbock Power and Light Cogeneration Plant. Specifications were completed on August 15, 1988, in association with supplementary contract documents developed by City staff. Requests for bid proposal #9905 were mailed September 6, 1988 to 76 prospective bidders. The bid proposals include engineering, detailed design, scheduling, construction, start-up, performance testing, demonstration of achievement of all specific guarantees and training of our personnel in operating the facility. Six bids for the Cogeneration Project were received as of November 15, 1988, and they are as follows: Fru-Con Construction Corp. $14,849,995 CNF Industries, Inc. $15,548,000 Hudson Engineering, Inc. $16,490,000 Ebasco Services, Inc. $17,234,090 Ruston Gas Turbines, Inc. $17,822,116 Hawker Siddley, Inc. $18,150,294 These bid proposals were evaluated by the following staff members: Jay Wadsworth, Production Superintendent and Project Coordinator; James Gerhardt, Assistant Production Superintendent for Maintenance; Wayne Hicks, Distribution Systems Engineer; Tommy Buchanan, Associate Director of Systems Planning; Ronnie Martin, Assistant Production Superintendent for Operations; and Paul Thompson, Production Engi- neer. The proposals were sent to Power Projects December 8, 1988 Page 775 for their evaluation. The low bidder, Fru-Can, agreed to meet specifications; therefore, Staff recommended acceptance of the bid, with proposed construction to begin in August, 1989, and testing to occur in -April and May of 1990. The bid proposal states that liquidated damages of $500 per day will be paid to the City by Fru- Con for each day between June 1, 1990 through July 31, 1990 if the completion date is not met. Beginning on August 1, 1990, this amount will increase to $2,000 per day, until such time as the plant is completed. The City will be liable to Texas Tech for liquidated damages beginning December 1, 1990, in the amount of $2,000 per day. Jerry Castle appeared before Council and was asked by Councilman George Carpenter about the sub -contracting of all concrete work, dirt work, etc., as to whether or not he intended to use local contractors or go outside Lubbock. Mr. Castle replied that his firm would be using local sub -contractors only. Councilman Carpenter then asked what was the time frame for the completion of this Project, to which Gene Eads replied that the project should be complete on or about May of 1990. Motion was made by Councilman Carpenter, seconded by Councilman Maloy to authorize Resolution #2969 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 88-47B-775-700 (28.) BID #9947--Firearms {Police Department}. GT Distributors, Austin--4 H and K MPS Surefire tactical light #628 sx; 2 .308 rifle, Remington 40XBBR w/24" barrel. Keckler and Koch Law Enforcement Div., Chantilly, VA--2 9MM SMG, Heckler and Koch MP5A3 w/3-Rd burst option; 4 30-round Magazine for H and K MP5A3. Hill Country Wholesale, Inc., Austin--2 Aluminum rifle case, 53.5"x12"x4"; 4 Rifle scope, 6.5x20, Leupold Vari-X III. Baileys House of Guns, Houston--21 Police revolver, .357 Magnum, 4" barrel; 8 Police revolver, .357 Magnum, 3" barrel; 23 Police shotgun, 12 gauge, pump -action; 2 Scope mounting/base, Leupold standard; 2 pr. Med. scope rings, Leupold standard. Motion was made by Councilman Carpenter, seconded by Councilman Maloy to accept low bids meeting specifications. Motion carried; 6 Yeas; 0 Nays. December 8, 1988 Page 776 88-47B-776-701 (29.) BID #9960-- High Plains Construction --Renovation of two daycare facilities. RESOLUTION #2970 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 High Plains Construction for renovation of two daycare facilities, 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 8th day of December, 1988. ATTEST: IsZ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is/ Gene Eads Gene Eads, Purchasing Manager STATE OF TEXAS COUNTY OF LUBBOCK By: Is1 Joan Baker, Mayor Pro Tem for B.C. McMINN, MAYOR APPROVED AS TO FORM: ZsZ Harold Willard Harold Willard, Assistant City Attorney CONTRACT THIS AGREEMENT, made and entered into this 8th day of December, 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 HIGH PLAINS CONSTRUCTION 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. 9960 - RENOVATION OF TWO DAYCARE FACILITIES IN THE TOTAL AMOUNT OF $15,400.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. December 8, 1988 Page 111 The CONTRACTOR hereby agrees after the date written notice to do and to substantially complete same contract documents. to commence work within ten days so shall have been given to him within the time specified in the The OWNER agrees to pay the CONTRACTDR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the 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 City Secretary APPROVED AS TO CONTENT: Is1 Sandy Ogletree ATTEST: COMPLETE ADDRESS: 2417 Stanford, Lubbock, TX 79415 88-41B-171-102 CITY OF LUBBOCK, TEXAS (OWNER) LI B. C. McMinn Mayor APPROVED AS TO FORM: ZsZ Donald G. Vandiver HIGH PLAINS CONSTRUCTIQN_ CONTRACTOR By: jsj Brad Reed TITLE: Owner Councilman Patterson asked Gene Eads where the two facilities were located, to which Mr. Eads responded that he would get the exact locations and addresses and report back to Council very soon. Motion was made by Councilman Carpenter, seconded by Councilman Maloy to accept low bids meeting specifications. Motion carried: 5 Yeas; 0 Nays. (30.) BID #9990--Daily pricing of caliche excavation (Solid Waste Management). J.T. "Red" Roberson Dirt & Paving Contractor --I daily rate (8 hrs.) for ripping caliche at landfill. This bid is for the hiring of a private contractor to break through and remove a bed of caliche boulders encountered in the excavation of a trench at the landfill. With the equipment at the landfill, we have only been able to lower the trench one foot this past month and are unable to progress, and we have approximately four months of fill space available in the trench currently used. Requests for quotations were sent to ten vendors. Bids were opened at 4 p.m. November 29, 198 and only one bid was received, that being J.T. "Red" Roberson, Dirt and Paving Contractor of Lubbock. December 8, 1988 Page 778 Mr. Roberson is to furnish the dozer, the operator and all fuel, service and maintenance. Mr. Roberson has estimated that it should take approximately 50 working days to reach the desired depth with an estimated cost of $39,000. Motion was made by Councilman Carpenter, seconded by Councilman Maloy to accept low bid meeting specifications. Motion carried: 6 Yeas; 0 Nays. 88-47B-778-703 (31.) BID # 66-- V i Water Utilities). Texas Independent Pipe Supply, Brownwood--1,160' 12" SDR 35 PVC pipe with gasket joints and lube; 2,600' 6" SDR 26 PVC pipe with gasket joints and pipe lube. Fields and Company-4 17 lb Magnesium Anodes. Motion was made by Councilman Carpenter, seconded by Councilman Maloy to accept low bids meeting specifications. Motion carried: 6 Yeas; 0 Nays. 88-47B-778-704 (32.) BID #9950--Wagner Park restroom renovation, and authorize same (Parks and Recreation]. Danny Klein Construction --Wagner Park renovation. RESOLUTION #2971 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 Danny Klein Construction for Wagner Park renovation, 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 8th day of December, 1988. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Gene Eads Gene Eads, Purchasing Manager By: Zs/ -Joan Baker_, Mayor Pro Tem for B.C. McMINN, MAYOR APPROVED AS TO FORM: Is/ Harold Willard Harold Willard, Assistant City Attorney December 8, 1988 Page 779 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 8th day of December, 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 DANNY KLEIN CONSTRUCTION CO. 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. 9950 - WAGNER PARK RENOVATION IN THE TOTAL AMOUNT OF $17,885.00 and all extra work in connection therewith, under the terms as stated in -the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for 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/ Ranette Boyd_ Cite Secretary APPROVED AS TO CONTENT: ATTEST: COMPLETE ADDRESS: 4310 93rd Street, Lubbock, TX 79423 CITY OF LUBBOCK, TEXAS (OWNER) Ls1 B. C. McMinn Mayor APPROVED AS TO FORM: Isj Harold Willard DANNY KLEIN CONSTRUCJION CO. CONTRACTOR By: Is1 Danny Klein TITLE: Owner December 8, 1988 Page 780 Motion was made by Councilman Carpenter, seconded by Councilman Maloy to authorize Resolution #2971 as recommended by Staff. Motion carried: 5 Yeas; O Nays. 88-47B-780-705 (33.) BID #9946--Yearly pricingon ammunition Police Department). GT Distributors, Austin--25,000 .38 Special 125 Gr. SJHP Remington R38S2; 27,000 9 MM FMJ, Winchester Q4172; 10,000 9 MM 115 Gr. JHP, Remington R9MM1; 4,000 12 gauge GG Buckshot, Remington SP1200BK; 4,000 12 gauge rifled slug, Remington SP12RS; 2,000 Federal 308M .308 WIN. w/168 Gr. Sierra Boattail HP; 1,500 .223 Remington, 55 GR. HP, Remington R22R2. Denver Bullets, Inc., Denver, CO--106,000 .38 Special Reload, 158 GR. SWC. Motion was made by Councilman Carpenter, seconded by Councilman Maloy to accept low bads meeting specifications. Motion carried: 6 Yeas; D Nays. 88--17B-780-706 4.) Citizen Appearances Mayor Pro Tem Joan Baker introduced Mr. Ed RESOLUTION #2972 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK- TWAT 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 Purchase Contract for Oil & Gas Leases and Gas Purchase Contract by and between the City of Lubbock and Choctaw Partners, 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 8th day of December, 1988. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: By: Is/ Joan Baker, Mayor Pro Tem for B.C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Robert Massengale Is1 John C. Ross, Jr. Robert Massengale, Assistant City John C. Ross, Jr. City Attorney Manager for Financial Services CONTRACT FILED WITH RESOLUTION #2972. December 8, 1988 Page 781 Throughout the past year, Staff has been pursuing the purchase of gas supplies for generation fuel for Lubbock Power and Light that will lock in prices over the long term. The primary objective in this approach is to purchase gas in the ground that would be available at later dates at a known price. At a prior meeting, Council approved an agreement to purchase gas in Wheeler County, Texas; however, that agreement was not able to be consummated because of failure of the other party to the agreement to obtain adequate financing. Staff advertised for proposals for natural gas for LP&L fuel and received four. Staff perceives that the proposal by Choctaw Partners is in line with strategies and objections for the purpose of obtaining long term fuel supplies for Lubbock Power and Light. The resulting gas purchase contract provides for the following major items: 1. Choctaw Partners will sell 338,000 MCF of gas reserves from three existing wells for $1.56 per MCF. An engineer has verified these reserves, and payment will be following Council approval. 2. Choctaw Partners will drill additional wells in the same region. The reserves in these wells will be verified by the City on a well -by -well basis. Upon verification, the City will buy these reserves for $0.78 per MCF for verified reserves and an additional $0.78 per MCF as fuel is delivered, until the combined reserves from the existing and new wells reaches 2,000,000 MCF. 3. The City will also have the right of option to buy an additional 2,000,000 MCF on a well -by -well basis for $0.78 per MCF prepayment and $0.78 per MCF as delivered. This option for additional gas expires December 31, 1990, and is subject to these additional reserves being secured by Choctaw prior to that time. 4. The City has the right of first refusal to buy reserves in excess of those contracted for at a price which would be paid by an able purchaser or by negotiated price if no able purchaser exists. 5. Choctaw Partners has agreed to arrange for all transportation of the gas from their well fields to Lubbock. Lubbock Power and Light will pay the actual transportation charges, which is estimated a $.45 per MCF. 6. Choctaw Partners has agreed to pay for all operating and maintenance charges associated with their wells along with any applicable taxes. December 8, 1988 Page 782 88-47B-782-707 ( 5.) 7. If the gas flows from these wells falls substantially (more than 25%) below the expected amounts, payments for delivered gas will cease until all prepaid gas funds have been utilized. At that time, Lubbock Power and Light will pay $1.55 per MCF for delivered gas only. 8. Mr. Joe Reynolds will provide negotiable securities to the City in an amount to secure the initial deliveries of gas to the City. If these amounts have not been delivered to the City within five years, the City may collect 10% per year interest on any deficiencies. Mr. Breihan went on to say that an independent petroleum engineer has verified the gas reserves covered by the contract and the contract has been structured to remove the City from any substantial risks which may be encountered in normal gas field operations. This proposal has been reviewed by the Electric Utility Board and Mr. Breihan stated that the Board feels that this contract meets the requirements and specifications and recommended approval. Motion was made by Councilman Maloy, seconded by Councilman Carpenter to authorize Resolution #2972 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. Monti Rice Attorney for Mental Health Mental Retardation Cent r will apUear to reguest the following: A. Consider a Resolution authorizing the Mayor to execute an Interlocal Agreement with the Lubbock Mental Health/Mental Retardation Center for governmental functions RESOLUTION #2973-A 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 an Interlocal Agreement by and between the City of Lubbock and the Lubbock Regional MHMR Center for governmental functions, 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. December 8, 1988 Page 783 Passed by the City Council this 8th day of December, 1988. By: IsZ Joan Baker. Mayor Pro Tem for B. C. MCMINN, MAYOR ATTEST: Is1 Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: s Thomas J. Nichols /s1 Donald G. Vandiver Thomas J. Nichols, Chief of Police Donald G. Vandiver, First Assistant City Attorney INTERLOCAL AGREEMENT THE STATE OF TEXAS § COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS: THIS agreement for governmental functions and services is made and entered into pursuant to Vernon's Ann.Civ.St., Art. 4413(32c) on the date hereinafter last written by and between the City of Lubbock, a Texas home rule municipality, and the Lubbock Regional MHMR Center, a State agency, hereinafter called "Service Agency." WITNESSETH: WHEREAS, the City of Lubbock Police Department and the Service Agency, through its Alcoholism Program, desire to provide an alternative to arrest for persons subject to arrest for public intoxication; and WHEREAS, the City of Lubbock and the Service Agency believe that: such an alternative program will be of benefit both to the persons subject to arrest for public intoxication and to the public in general; and WHEREAS, this Agreement is for governmental functions which are of mutual concern to both parties; NOW THEREFORE: The City of Lubbock and the Service Agency by this agreement and in consideration of the mutual provisions set forth below have agreed as follows: I. Service Agency A. On a space available basis the Service Agency agrees to provide treatment, as an alternative to arrest for public intoxication, for those persons brought to the agency's Detox Unit by law enforcement officers. Publicly Intoxicated Individuals (PI's) admitted for treatment must meet Service Agency entrance criteria as outlined below: 1. PI must be eighteen years of age or older. 2. PI may be male or female. 3. PI must be cleared by the Physician for non - hospital based, medical detoxification services. 4. PI must not have been a Service Agency Detox Unit client within the last thirty days. December 8, 1988 Page 784 5. PI must not have been an Service Agency Detox Unit client over three times without seeking additional substance abuse treatment. (Clients may not be admitted four times to the unit, unless they have completed an organized treatment progress prior to the fourth admission.) B. The Service Agency Detox Unit will provide the same services to PI's presented by law enforcement officers as are provided to clients presenting for admission through other routes. C. The R.H. Supervisor of the Unit or her supervisor will have the right to deny admission to clients who are inappropriate referrals to the Unit. D. The Unit will take referrals 24'hours a day, seven days a week. II. Lubbock City Police Department A. The Lubbock City Police Department agrees to transport PI's to the Detox Unit and to remain with the PI until admission or admission denial has been determined. B. Should the PI be determined not eligible for admission, the law enforcement officer(s) will transport the PI to another location. C. Prior to transport to the Unit, the law enforcement officer(s) will contact the Detox Unit at the phone number 766-0258 to ascertain whether bed space is or is not available. III. Either party entering into this agreement may terminate such agreement if they give written notice to the other no later than thirty days prior to such termination. This agreement shall end August 31, 1989, unless it shall be extended by mutual agreement of the parties hereto expressed in writing. EXECUTED this 8th day of December, 1988. LUBBOCK REGIONAL MHMR CENTER: LsL Gene Menefee GENE: MENEFEE Executive Director CITY OF LUBBOCK: By: /s Joan Baker, Mayor Pro Tem for B. C. McMINN, MAYOR ATTEST: Is1 Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: 5 Thomas J. Nichols Thomas J. Nichols, Chief of Police APPROVED AS TO FORM: Is1 Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney December 8, 1988 Page 785 Monti Rice, Attorney for MHMR appeared before Council and introduced Ms. Charlotte Foster, MHMR petox Project Manager, to present data regarding the proposed Interlocal Agreement. Ms. Foster stated that MHMR has started a program in which, under certain conditions, they will accept persons arrested for public intoxication into their Detox Unit. This would, in some cases, provide an alternate to placing PI's in jail, thereby saving valuable jail space. It would not require any additional time of Police Officers and there is no cost to the City. It would also allow the arrested person an opportunity for treatment. Ms. Foster continued by saying that the Detox Unit is located at 1601 Vanda Avenue, is staffed 24 hours a day and, on a space available basis, the Unit will provide treatment as an alternate to arrest for public intoxication for those persons brought to the Unit by law enforcement officers. Provision for law enforcement personnel to release public intoxicated persons to a treatment facility in lieu of arrest is provided under Section 42.08 of the Penal Code. Staff recommended that the City enter into an Interlocal Agreement with MHMR to be able to take advantage of this option regarding public intoxication arrests. Councilman Carpenter asked Ms. Foster why public drunks are to be taken to a special detox center instead of being taken to jail, and why were drunks being pampered. Ms. Foster replied that the number one reason was to save money and reserve jail space for the more hardened criminal. Motion was made by Councilman Patterson, seconded by Councilman Maloy to authorize Resolution #2973-A as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. B. Consider a Resolution authorizing the Mayor to execute a Lease Agreement between the City of Lubbock and Lubbock Regional Mental Health/Mental Retardation Center for relocating a building to City -owned property. RESOLUTION #2974 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 Lease Agreement to be entered into by and between said City (as Lessor) and the Lubbock Regional Mental Health Mental Retardation Center, a local regional agency, created pursuant to the Texas Mental Health and Mental Retardation Act of the State of Texas, Articles 5547-201 to 5547-204, V.A.C.S., 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. December 8, 1988 Page 786 Passed by,the City Council this 8th day of December, 1988. By: Zsl Joan Baker Mayor Pro Tem for B. C. McMINN, MAYOR ATTEST: IsI Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: /s/ W. J.-Payne Is/ J. Worth Fullingim W. J. Payne, Director of Building J. Worth Fullingim, Assistant Services City Attorney LEASE AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Agreement of Lease dated as of November 10, 1988, is entered into by and between the Lubbock Regional Mental Health Mental Retardation Center, a local regional agency created pursuant to the Texas Mental Health and Mental Retardation Act of the State of Texas, Articles 5547-201 to 5547-204, V.A.C.S., herein called "LESSEE", and the City of Lubbock, a Texas home rule municipality, herein called "LESSOR", do hereby contract and agree as follows: I. LESSEE is or is to become the owner of a residential structure in consideration for the removal thereof by LESSEE from a location owned by the residential structure's present owner. LESSEE has requested of LESSOR the right and permission to relocate said residential structure upon vacant land owned by LESSOR, and LESSOR is agreeable to granting such request by LESSEE upon the terms and conditions as hereinafter set forth. Said residential structure is the personal property of the LESSEE, and shall not be considered attached to the real estate, and shall remain the property of the LESSEE unless and until said residential structure becomes the property of the LESSOR under Section X of the lease as hereinafter set forth. Ii. The consideration for this lease is the payment of annual rent as hereinafter set forth in Section III of this lease, and maintenance of the leased premises by the LESSEE, at its expense, in a neat, attractive and orderly manner. The further consideration for this lease is the public purpose of caring for persons with mental illness by LESSEE which will inure to the benefit of the City of Lubbock and its environs. The further consideration for this lease are the considerable and valuable landscaping improvements to be made to premises by LESSEE at LESSEE'S expense, which will enhance the value of the leased premises and improve and better the neighborhood. The further consideration for this lease is the mutual agreements made by LESSEE and LESSOR as set forth in this lease. LESSOR hereby leases to LESSEE land described as Lots 1-7 (inclusive) and the North One -Half (1/2) of Lot 8, all in Block 191 of the Original Town of Lubbock, Lubbock County, Texas, for a term of five (5) years beginning November 10, 1988 and ending November 9, 1993�, for an annual rental of $50.00 per year, payable by LESSEE to LESSOR on November 10, 1988, and on the tenth day of November of each year subsequent thereto during the life of this lease. It is December 8, 1988 Page 787 understood and agreed that the rental rate shall not be increased during the primary term of the lease. This lease shall automatically be renewed for successive one (1) year terms after the expiration of the five (5) year term unless either LESSOR or LESSEE shall give written notice to the other party by certified United States Mail sixty (60) days before the expiration of the initial five (5) year term, or sixty (60) days prior to the expiration of any subsequent one (1) year term to the effect that such party giving the notice to the other party is terminating the lease at the end of the five (5) year term, or at the end of the subsequent one (1) year term (in which the lease is terminated) as the case may be. IV. Any notices required under this lease to be given by LESSOR or LESSEE to the other party, shall be addressed as follows: (1) AS TO LESSEE: Executive Director Lubbock Regional Mental Health Mental Retardation Center 1210 Texas Avenue Lubbock, Texas 79401-4088 or the last known address of the addressee. (2) AS TO LESSOR: City Manager City of Lubbock P. 0. Box 2000 Lubbock, Texas 79457 or the last known address of the addressee. V. This lease shall not be assigned in whole or in part by LESSEE without the express written consent of the City Manager of the LESSOR. YI. The LESSEE is to relocate the existing residential structure to the site being hereby leased to LESSEE by LESSOR, and LESSEE shall bear all expense of such relocation. The residential structure, being so relocated, is required to be brought into compliance with all Building, Electrical, and Plumbing Codes, and all Zoning, Subdivision, and Building Regulations of the City of Lubbock of whatsoever kind or nature, and all regulations of the State of Texas and/or Federal Regulations which are applicable to the construction, reconstruction and use of the premises by LESSEE. The leased premises shall also comply with landscaping and parking regulations of the City of Lubbock. LESSEE is allowed to do such improvements as are necessary including, but not limited to dirt work, landscaping, pouring of slabs and sidewalks, and other improvements as required t❑ render the leased premises suitable for the uses intended under the lease, all of which such improvements shall comply with all governmental regulations as set forth in this section of the lease. All such compliance with regulations shall be met by LESSEE before the premises is used by LESSEE for the purposes herein leased. VII. The premises herein leased is to be used by LESSEE and is for the public purpose of the LESSEE providing an intermediate care residential facility for persons who are mentally ill and known by LESSEE to be non-violent. December 8, 1988 Page 788 VIII. This lease may be terminated by LESSDR for cause upon sixty (60) days written notice by LESSOR to LESSEE by certified United States Mail if the LESSEE violates any of LESSEE'S agreements under the terms of this lease. IX. The LESSEE shall upon termination of this lease for any reason within six (6) months after the date of such termination remove the residential structure located upon the leased premises as the personal property of the LESSEE, such removal to be done at the expense of the LESSEE. All debris, concrete, and any other item shall be cleared away at LESSEE'S expense within six (6) months of the date of termination of this lease so the premises will be in as good a condition as the premises were in prior to the placement of the residential structure upon the leased premises by LESSEE. X. If the residential structure is not removed by LESSEE as LESSEE'S personal property from the leased premises within six (6) months after the date of termination of the lease, such residential structure shall become the property of the LESSOR without any further action by the parties hereto, or any further instrument in writing being required. XI. LESSEE shall procure and maintain at its expense during the life of this lease a public liability insurance policy with adequate coverage specifically covering the leased premises at its location with the City of Lubbock as the named insured protecting the City against loss as to death or bodily injury and property damage claims. Such policy shall be furnished to the Director of Building Services of the City of Lubbock. XII. During the life of this lease, LESSOR is entitled to request of the LESSEE satisfactory evidence by LESSEE of the kinds and amounts of expenditures and payments made and any available receipts thereof, and all of such documentation shall be promptly furnished by LESSEE to LESSOR to verify expenditures made to meet LESSEE"s obligations under this lease. XIII. Notwithstanding any other provision of this lease, during any twelve month period during the life of this lease, if LESSEE fails to budget and appropriate sufficient funds to meet LESSEE's obligations under this lease, then in such event (of failure) this lease shall automatically terminate. December 8, 1988 Page 789 EXECUTED with an effective date of the 8th day of December, 1988, in duplicate original copies each copy having the dignity of an original for all purposes. LESSEE: LUBBOCK REGIONAL MENTAL HEALTH MENTAL RETARDATION CENTER BY: /s/ Jim -Kimmel JIM KIMMEL, SECRETARY OF ITS BOARD OF TRUSTEES BY: s Gene Menefee GENE MENEFEE ITS EXECUTIVE DIRECTOR LESSOR: CITY OF LUBBOCK BY: Is/ Joan Baker, Mayor Pro Tem for B. C. McMINN, MAYOR ATTIEST : By: /s/ Beatrice Cervantes for Ranette Boyd, City Secretary APPROVED ;S TO CONTENT: LsL W. D. Payne W. J. Payne, Director of Building Services APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, personally appeared JIM KIMMEL, Secretary of the Board of Trustees, and GENE MENEFEE, Executive Director, respectively of the LUBBOCK MENTAL HEALTH MENTAL RETARDATION CENTER, and acknowledged to me that they each executed the foregoing instrument for the purposes and consideration therein expressed and in their respective capacities as hereinabove stated as the act and deed of the Lubbock Mental Health Mental Retardation Center this 7th day of December, 1988. Is/ Terri L. Stovall Notary Public, Lubbock County, Texas Terri L. Stovall Typed or Printed Name of Notary My Commission Expires: 5/21/91 December 8, 1988 Page 790 STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, personally appeared Joan Baker, Mayor Pro Tem of the City of Lubbock, and acknowledged me that she executed the foregoing instrument for the purposes and consideration therein expressed and in the capacity therein stated the act and deed of the City of Lubbock this 8th day of December, 1988. /s/ Olivia R. Solis Notary Public, Lubbock County, Texas Olivia R. Solis Typed or Printed Name of Notary My Commission Expires: 11/30/89 t❑ as Ms. Rice introduced Ms. Annette Gary, Services Director for MHMR, to present information regarding a Lease Agreement for the relocation of a building. Ms. Gary stated that the Lubbock Regional Mental Health/Mental Retardation Center has requested permission to lease City property on the southwest corner of 15th Street and Avenue 0, said property being located immediately south of the Texas Employment Commission. Ms. Gary stated that this facility would house 15 chronically mentally ill patients. Councilman Patterson asked Ms. Gary about the future problems of maintenance and landscaping of this facility, to which she replied that the contract covers these points thoroughly and the property will be maintained as stated. Councilman Carpenter asked if MHMR would be able to resolve problems with the patients that could arise in the future, with regard to security, public harassment, etc. Ms. Gary responded by stating that there were at least two Staff persons on duty 24 hours a day, and the Staff of MHMR could not foresee any future problems with security. Council agreed at the June 9, 1988 work session to lease the property subsequent to the following conditions: 1. Lessee would make repairs and/or additions to bring the structure within City, State and Federal codes to include landscaping and parking requirements. 2. After documentation was received from MHMR indicating the final intention to pursue the relocation, it was suggested that staff forward information to appropriate departments to send notices to area property owners for their information. 3. Lease agreement will be for a period of five years with an option to be renewed only on a one-year basis thereafter. December 8, 1988 Page 791 88-47B-191-108 ( 9.) 4. Lessee would bear all expense of relocating existing structure to the proposed site. 5. Lessee would maintain the property in an attractive, clean and orderly condition. 6. Lessee would remove structures at lessee's expense upon termination of agreement. The above conditions have been agreed to and incorporated in the lease agreement. To date, the City has received seven inquiries from residents within a 200' radius of the proposed relocation site (16th Street and Avenue O) and all inquiries have been positive in nature. MHMR will provide liability and other insurance on this property and will name the City of Lubbock as an additional insured on the property to protect the City against loss as to death or bodily injury and property damage claims. The term is proposed from December 8, 1988 to December 1, 1993. Rental of the land is based on $4,242.40 annually. However, MHMR will provide improvements valued at $7,500 annually for the first five years to the property and these improvements are to be provided in lieu of cash payments. Motion was made by Councilman Patterson, seconded by Councilman Carpenter to authorize Resolution #2913-B as recommended by Staff. Motion carried: 6 Yeas; 0 Hays. 220-261, Gatewood Addition, and .consider ordinance. ORDINANCE #9246 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2622; ZONING CHANGES FROM AM AND AM SPECIFIC USE TO GO ZONING ON LOTS 262-282, AND R-2 TO GO ON LOTS 220-261, GATEWOOD ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAYINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Pro Tem Baker opened the Public Hearing at 9:30 A.M. Mr. John Owens appeared on behalf of Clyde R. Owens, proponent, to request this zoning change. The proponent and staff have worked together over the last year to encourage submission of a zone case for the lots facing 82nd Street. Assistant City Manager Jim Bertram gave the adjacent land use relationships as follows: December 8, 1988 Page 792 88-47B-792-709 ( 8.) North - Zoned R-1 - Vacant South - AM Specific Use for Professional Offices East - A-1, Apartments and Vacant GO West - Across Elgin - Single -Family The request represents rezoning to Garden Office from the two existing districts. For the lots adjacent to 82nd Street, this case represents conversion to the more appropriate Garden Office district from AM limited to professional offices. The Comprehensive Land Use Plan recommends buffering of R-1 from heavier commercial. Since the existing R-2 on lots facing 81st Street is on an equal footing with GO for provision of a buffer, the change is acceptable. No development exists on the lots zoned R-2. One citizen spoke in favor of the change and he lives at the corner of 81st Street and Elgin Avenue. No substantial increase in traffic should be generated by development as GO versus R-2. The Planning and Zoning Commission and Staff recommended Zone Case #2622 for approval. No one appeared in opposition to this proposed zone change, and Mayor Pro Tem Baker closed the Public Hearing at 9:34 A.M. Motion was made by seconded by Councilman Maloy, seconded by Councilman Patterson to pass on first reading Ordinance #9246 as recommended by Staff. Motion carried: 6 Yeas; O Nays. ordinance. ORDINANCE #9247 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE: CASE NO. 2621; A ZONING CHANGE FROM R-1 TO AM ZONING ON LOTS 12 & 13, BLOCK 2, WEST LAWN ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Pro Tem Baker opened the Public Hearing at 9:36 A.M. Mr. Jack Shirley appeared on behalf of Methodist Hospital to present a request for zoning change. Jim Bertram gave the adjacent land use relation- ships as follows: December 8, 1988 Page 793 North - AM Medical South - AM Specific Use - Medical East - AM - Single -Family West - AM - Methodist The request is consistent with the Comprehensive Land Use Plan, and it is in the original "AM Policy Area" that has been in effect since the early 1960's. The proponent indicated that Methodist Hospital owns all the lots facing 21st Street from Joliet Avenue east to the ATM on Indiana. A site plan was distributed at the meeting showing the near - term intent to develop a parking lot. No response was made by the public in the hearing. The new lot should help alleviate traffic and parking congestion in the area. Staff supported the recommendation for approval by the Planning and Zoning Commission. Councilman Carpenter asked Jim Bertram to answer a question about another previous zone case. He stated that the salvage yard that was rezoned at an earlier Council meeting was currently full of debris (about fence top level) and what was being done about this. Randy Henson replied that Staff was aware of this problem and it was being handled promptly. Mayor Pro Tem Baker closed the Public Hearing at 9:37 A. M. No one appeared in opposition to this request. Motion was made by Councilman Carpenter, seconded by Councilwoman Trejo to pass on first reading Ordinance #9247. Motion carried: 6 Yeas; 0 Hays. 88-47B-793-710 (23.) Hold an Executive Session to discuss gending litigation/1-and ac uisition--Water Utilities• pending litigation --Code Enforcement. 88-4E7B-793-711 (34.) Hold an Executive Session on personnel matters to discuss appointments to: Lubbock Regional Mental Health and Mental Retardation Center Public Responsibility Committee Board of City Development December 8, 1988 Page 794 88-47B-794-712 (35.) 88-47B-794-713 (36.) Motion was made by Councilman Phillips, seconded by Councilman Patterson to appoint Judge Will Dodson and Assistant City Manager Jim Bertram to the Lubbock Regional Mental Health and Mental Retardation Center Public Responsibility Committee. Motion carried: 6 Yeas; 0 Hays. Motion was made by Councilman Phillips, seconded by Councilman Patterson to appoint the following new board members to the Board of City Development: Don Haragan, Tom Nichols, Dr. Michael Seger, Bob Blackwood, Lemuel Thuston, John Lowey, Clark Barnett Motion carried: 5 Yeas; 0 Nays. There being no further business to come before Council, motion was made by Councilman Patterson, seconded by Councilman Phillips to adjourn the meeting at 11:09 A.M. Motion carried: 5 Yeas; 0 Nays. JOAN BAKER, MAYOR PRO TEM ATTEST: Rangtte Boyd, City Secretary READ AND APPROVED THIS 15TH DAY OF DECEMBER, 1988. B. C. McM1N , MAYOR ATTEST: r Ran `tte Boyd, City Secre ary THE. STATE OF TEXAS R-4 COUNTY OF LUBBOCK Before me Frances 1i e rn «n ia z a Notary Public in and for Lubbock Countv, personally appeared ! 1 s Account;iarlac-er of the Soutl 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 cant than first' -two weeks prior to the first insertion of this _ l,e � e I i 1 o t i c e No- si.17L,)n2 at Lubbock Countv. Texas and ed copy of the Le 2 1 =10 t i e e is a true copy of the origins! and was prin' Avalanche -,Journal on the following dates: cLe,..t r i09 179 1.98A n" t' c rds .92 - *UC..43 Accoi,nt i;�na•:c r LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this _ ; __ day of e t e r . 19 39 FORM 58-10 i SECONDI2EAOrNG ORDUMNCESI O iDIINANCE NO.9231 AN ORDINANCE AMEND- ING SECTION 28.92 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS. IN ITS ENTIRETY SO AS TO CHANGE THE RATES FOR SEW- ER SERVICE WITHIN THE CITY OF LUBBOCK EFFECTIVE JAN. UA'RY 1. 1969; PROVIDING A -SAVINGS CLAUSE AND PROVID- INO FOR PUBLICATION. ORDINANCE NO, 9M AN ORDINANCE AMEND. ING SECTION 1.407.2 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 DE. VELOPMENT; PROVIDING A SAVINGS CLAUSE; AND PRO - SIDING FOR PUBLICATION, R-4 ro n ro Cr ro n DO 00 CD i NOTICE OF PU8LiC HFARIN9 NOTICE IS HERE13Y GIVEN trim} THE STATE OF TEXAS R— 364 the C1ri Council veft hefd a WlNfe hearing an Thursday, December & COUNTY OF LUBBOCK 19e3,at9:3ea.m.,inthe CitvCoun- cil Chambers. 1625 131h street, Before me Frances H a rnan d e Z a Notary Public in and for Lubbock County. Te Lubbock. Texas fp consider rec- ommendallons by the Planning and personally appeared — T - of the South W toning Commission that zoning be changed on Certain properties in pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening an Lubbock,Texas.Alllnterestedper- sons may speak, then The City heing by me duly sworn did depose and say that said newspaper has been published continu CeuncilwillacTonsuchrecommen- than fifty-two weeks prior to the first insertion of this _- Leta l Notice _ waiH Wheard:f0iiowing zow cams No. OL6 937- at Lubbock County. Texas and the ZONE CASE No, 2611. Request of Le Notice 1 C Q Jack Shirley for zoning change ed coPy of the is a true copy of the original and was printed from R-1 to AM on Lots 12and 13, 13lock 2. west Lawn Addition (3M Avalanche -Journal on the following dates: and342221VStreet). :17.: Words 0 . �46 =� a79 a 12 ZONE CASE Sohn C Owens f MS; Request of �-j e i h VV 7 61 4-11 Account N aa�er LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation r Ion n9 C ange from AM To GO on Lots 262.202, � Gafewood Addition and R-2 to GO on Lots 220-261, Ga}ewopd Addition ..�.. 12700 Slock of 81sT and 112nd � ^ Slreefsl. /S A+ ZONE CASE N0.71WS: Appeal of Duane McQueen, A.I.A. for zoning .� change from R-2 Specific Use To GO an Lois 1312.134S, Meadows Ad- :•. { ' 1 f, I diTion (Northwest Corner of &ITh •• Street and Slide Road]. R-366 _. Subscrihed and sworn to before me this — day of —Aoyer;i e r lg 33 FORM 58.10