HomeMy WebLinkAboutMinutes - City Council - Regular - 1/26/198961
CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
MINUTES
JANUARY 26, 1989
The City Council of the City of Lubbock, Texas met in regular session
on the 26th day of January, 1989 in the City Council Chambers, first
floor, City Hall, 1625 13th Street, Lubbock, Texas at 10:00 a.m.
Present: Mayor B. C. McMinn, Mayor Pro Tem Joan Baker, Councilman
T. J. Patterson, Councilman Gary Phillips, Councilwoman Maggie Trejo,
Councilman Bill Maloy, Councilman George Carpenter, City Manager
Larry J., Cunningham, City Attorney John C. Ross, Jr., and Deputy City
Secretary Beatrice Cervantes.
Absent: City Secretary Ranette Boyd.
Mayor McMinn called the meeting to order at 10:00 a.m.
The Invocation was given by Assistant City
Manager Robert Massengale.
( 2.) The Pledge of Allegiance was given in unison by
those in the Council Chambers.
( 3.) Motion was made by Councilman Patterson, seconded
by Councilman Phillips to approve the Minutes of
the January 12, 1989 Regular City Council meeting
as written. Motion carried: 7 Yeas; 0 Nays.
{ 4.} Citizen Appearances
Board Appointments
89-48A-61-52
{ 5.} A representative of the Citizens Traffic
Commission will appear to present the following:
A. Consider Resolution #3017 endorsing State
Legislation to require all motorcycle riders
to wear protective helmets.
RESOLUTION #3017
RESOLUTION
WHEREAS, in 1977 Texas law was amended to no longer require all
motorcycle riders to wear protective helmets; and
WHEREAS, in 1985 Texas law was amended to require the mandatory
wearing of seat belts in the front seats of automobiles; and
WHEREAS, motorcycle fatalities have increased by fifty percent
(50%) per year since 1976, a period in which motor vehicle fatalities
in general have increased by only five percent {5%} per year; and
WHEREAS, studies have shown that the 1985 seat belt legislation
has greatly increased the use of seat belts by automobile operators
and passengers; and
January 26, 1989
Page 62
WHEREAS, studies have shown that more than ninety percent (90%)
of the motorcycle riders wear helmets in states where it is required
by law; and
WHEREAS, studies show that when motorcycle accidents occur, the
average hospital bill for riders not wearing helmets is nearly 150%
higher than for riders wearing helmets; and
WHEREAS, it is the recommendation of the Citizens Traffic
Commission of the City of Lubbock that the City Council of the City
of Lubbock should support a mandatory helmet law for motorcycle
riders; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the City Council of the City of Lubbock,
Texas, hereby encourages all members of the Texas Legislature to
support and vote in favor of SB 41 requiring mandatory helmet wear by
motorcycle riders as a step toward improved safety and welfare for
many Texas citizens.
SECTION 2. THAT the City Secretary of the City of Lubbock is
authorize' and directed to cause a copy of this Resolution as finally
passed to be forwarded to the Texas Municipal League and to all
Lubbock legislative representatives.
Passed by the City Council this 26th day of January, 1989.
ATTEST:
ZsZ Ranette_ Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/Vau hn Hendrie
Vaughn Hendrie, Director of
Community Relations
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Donald G. Yandiver
Donald G. Vandiver, First
Assistant City Attorney
Durward Mahon, member of the Citizens Traffic
Commission, appeared to present the OTC's
recommendation to endorse legislation requiring
motorcycle riders to wear protective helmets.
According to Staff, the CTC has researched this
issue since the law requiring all motorcycle
riders to wear protective helmets was amended in
1977. Presently, only motorcycle riders under
the age of 18 must wear motorcycle helmets.
The Citizens Traffic Commission has studied the
fatality rate and the medical costs of motorcycle
accidents for both helmeted riders and unhelmeted
riders. Petitions were circulated last summer
among major employers supporting legislation
requiring all motorcycle riders to wear helmets
and were returned to City Staff with 140 valid
signatures. At the January meeting, the
Commission unanimously recommended that Council
endorse this legislation by adopting the proposed
Resolution.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Maioy to authorize Resolution 93017
as recommended by the CTC Commission and Staff.
Motion carried: 7 Yeas; 0 Nays.
January 26, 1989
Page 63
89-48A-63-53
( 6•)
B. Consider recommendation to reassign an adult
school crossing guard from 19th Street at
Toledo Avenue.
Mr. Mahon also presented Council with the CTC's
recommendation to reassign a school crossing
guard. According to Staff memo, last fall the
City Council approved recommendation of CTC to
place a crossing guard on 19th Street at Toledo
Avenue. A crossing guard was assigned at once to
this location but was removed when a study
documented that fewer than ten students were
using this crossing enroute to Rush Elementary
School. The School Crossing Policy required a
minimum of ten pedestrians for this service.
After the crossing guard was removed, a parent
appeared before the Citizens Traffic Commission
requesting reinstatement of this crossing guard.
The Council concurred with the CTC recommendation
and a crossing guard was again placed at that
location.
Further studies since that time have shown that
no students have been crossing 19th Street on
their way to Rush Elementary School. After
reviewing additional information, the Citizens
Traffic Commission voted at their January meeting
to recommend the removal of the crossing guard
from this location so that this position may be
reassigned to another location where a crossing
guard is needed.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Maloy to remove the Adult School
Crossing Guard located at 19th Street at Toledo
Avenue and assign to another location. Motion
carried: 7 Yeas; 0 Nays.
Cable Television Company.
RESOLUTION #3018
RESOLUTION
WHEREAS, the City of Lubbock (the "City") granted to
Cablevision of Texas Limited Partnership, (the "Seller") a franchise
(the "Franchise") to conduct a cable television business in the City
pursuant to that certain Ordinance No. 8834 dated October 24, 1985
(the "Ordinance"); and
WHEREAS, Seller desires to assign all of its rights and
delegate all of its obligations under the Franchise to Mission Cable
Company, L.P., a Delaware limited partnership (the "Buyer"); and
WHEREAS, the City is willing to: (a) grant its consent to the
assignment of the Franchise from Seller to Buyer; (b) grant its
consent to a collateral assignment of the Franchise and a pledge of
the assets of the cable communications system to any of Buyer's
lenders; and (c) waive the right of first refusal granted to the City
pursuant to Ordinance No. 8554 dated February 23, 1984.
January 26, 1989
Page 64
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the City hereby grants its consent to: (a) the
assignment of the Franchise from Seller to Buyer; (b) any collateral
assignment of the Franchise by the Buyer to any of its lenders; and
(c) any pledge of the assets of the cable communications system by
the Buyer to any of Buyer's lenders.
SECTION 2. THAT the City hereby waives the right of first
refusal reserved by the City in paragraph E of Section 12 of
Ordinance No. 8554.
SECTION 3. THAT the City hereby approves and adopts the
Transfer of Franchise of Ordinance No. 8834, which Transfer of
Franchise is attached hereto as Exhibit A, and the Mayor of the City
of Lubbock is hereby authorized and directed to execute said Transfer
of Franchise and all associated documents.
SECTION 4. THAT the City hereby confirms that: (a) the
Franchise was properly granted to Cablevision of Texas Limited
partnership; (b) the Franchise is in accordance with all state and
local laws; (c) the Franchise is validly existing and in full force
and effect; and (d) there exists no fact or circumstance which
constitutes or which, with the passage of time or the giving of
notice or both, would constitute a default under the Franchise or
permit the City to cancel or terminate the rights thereunder, except
upon the expiration of the full term hereof.
SECTION 5. That this Resolution is expressly conditioned upon
the unconditional closing of that certain Asset Purchase Agreement by
and between Buyer and Seller pursuant to which Buyer is to acquire
the Franchise from Seller and shall become effective upon written
notiice from Buyer that the closing has been consummated. In
addition, the Transfer of Franchise to Mission Cable Company, L.P.,
shall not become effective until receipt by the City of Lubbock of an
Acceptance of Franchise duly executed by an officer or principal of
Mission Cable Company, L.P., with authority to make and sign such an
agreement, in the following form:
ACCEPTANCE OF FRANCHISE
"The Honorable Mayor and City Council of the City of Lubbock:
Mission Cable Company, L.P., for themselves, their
successors and assigns, hereby accepts to be bound by the terms
and conditions of City Ordinance No. 8834 granting a cable
television franchise as finally passed by the City Council of
the City of Lubbock on the 24th day of October, 1985. By this
Acceptance of Franchise, Mission Cable Company, L.P., agrees to
be bound by such franchise the same as if it were signatory to
the original agreement."
SECTION 6. THAT except as hereby modified, the Franchise is in
all other respects ratified and confirmed and all of the terms and
conditions thereof shall remain in full force and effect.
SECTION 7. THAT this Resolution is hereby declared to be a
measure in the interest of public peace, health, welfare and safety.
SECTION 8. THAT in the event that the City Council should
determine that the actual sale price is unreasonable, then such
portion of the sale price as is determined to be unreasonable, shall
not be considered in the rate base of any subsequent request for rate
increases.
January 26, 1989
Page 65
Passed by the City Council this 26th day of January, 1989.
ATTEST:
/sj BeatriceCervantes
for Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Is1 Nabar Martinez
Nabar Martinez, Assistant City
Manager for Management Services
Isj B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Donald G._Vandiver
Donald G. Vandiver, First
City Attorney
TRANSFER OF FRANCHISE
Pursuant to Resolution No. 3018 of the City of Lubbock, Texas
(the "City") enacted on January 26, 1989, the City Council of the
City of Lubbock hereby authorizes the assignment of the franchise,
right and privilege granted in Ordinance No. 8834 to Mission Cable
Company, L.P., a Delaware limited partnership, and each reference in
said Ordinance to Cablevision of Texas Limited Partnership or the
Company shall as of the date of this Transfer of Franchise be deemed
a reference to Mission Cable Company, L.P., a Delaware limited
partnership. Ordinance No. 8834 remains in full force and effect and
this transfer is expressly made subordinate to the terms and
conditions of said Franchise Ordinance and a copy of this Transfer of
Franchise shall be filed with said Ordinance in the official records
of the City of Lubbock.
LsL_B_. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
Z_sZ Beatrice Cervantes
for Ranette Boyd, City Secretary
CERTIFICATES BY MAYOR FILED WITH RESOLUTION #3018.
Paul Coker, Regional Manager for Mission Cable
Company, Muleshoe, Texas, appeared to request
that Council authorize the transfer of control of
Cablevision of Texas Franchise to Mission Cable
Television Company. Mission Cable Company is in
proceedings to purchase Cablevision of Texas.
Cablevision of Texas provides cable service to
the communities of Woodrow, Lorenzo, Petersburg,
Anton, Buffalo Lakes and Lockney, as well as the
area bordered by 82nd Street and 114th Street and
Avenue U and U.S. 87 (Tahoka Highway).
Cablevision of Texas currently services 43
families within the City of Lubbock. Their
estimated annual gross revenue is $11,352, and
the City of Lubbock receives $352.56 annually in
franchise fees.
January 26, 1989
Page 66
Ordinance #8554, Section 12, indicates that "a
franchise shall not be assigned ❑r transferred,
either in whole or in part, or leased, sublet, or
mortgaged in any manner, nor shall title thereto,
either legal ❑r equitable or any right, interest
or property therein, pass to or vest in any
person without the prior written consent of the
City. The proposed assignee must show technical
ability, financial capability, legal
qualifications and general character
qualifications as outlined by the City and must
agree to comply with all provisions of the
franchise. City shall be deemed to have con-
sented to a proposed transfer or assignment in
the event its refusal to consent is not
communicated in writing to Grantee within one
hundred twenty (120) days following receipt of
written notice of the proposed transfer or
assignment."
"The consent or approval of the City Council to
any transfer of the franchise shall not
constitute a waiver or release of the rights of
the City in and to the streets, and public
rights -of -way and any transfer by its terms, be
expressed subordinate to the terms and conditions
of a franchise. The City Council reserves the
right of 'first refusal' to purchase a cable
communications system at the fair market value
price if and when it is placed on the market for
sale."
Mr. Coker requested that the City of Lubbock
indicate, in writing, refusal to purchase
Cablevision of Texas to enable the Mission Cable
Company to secure the necessary $28 million
financing.
Staff recommended that the City of Lubbock
decline purchasing this system and that Council
authorize a transfer of this cable system
franchise to Mission Cable Company.
Motion was made by Councilman Carpenter, seconded
by Mayor Pro Tem Baker to decline option to
purchase Cablevision of Texas as recommended by
Staff. Motion carried: 7 Yeas; 0 Hays.
Motion was made by Councilman Malay, seconded by
Mayor Pro Tem Baker to authorize Resolution #3018
as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
Councilman Carpenter asked whether this company
had plans to expand, and Mr. Coker replied that
at present there are no plans for expansion in
Lubbock.
89-48A-66-54
{ 7.) A_representative of the Parks and Recreation
Board will -appear to present the following items:
A. Consider Resolution #3019 authorizing the
Mayor _to -sign a Lease Agreement between the
City of Lubbock and the Texas Parks and
Wildlife Commission.
RESOLUTION #3019
January 25, 1989
Page 67
RESOLUTION
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 by and between the City of Lubbock and
Texas Parks and Wildlife Commission, 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 25th day of January, 1989.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTf=ST:
ZsL Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
LsL Lee Osborn /s/ Harold Willard
Lee Osborn, Director of Parks and Harold Willard, Assistant City
Recreation Attorney
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COU14TY OF LUBBOCK §
That the following agreement made and entered into, by and
between the STATE OF TEXAS, acting in its behalf by the Texas Parks
and Wildlife Commission, through Charles Travis, Chairman of the
Texas Parks and Wildlife Commission, hereinafter referred to as
"State", and the CITY OF LUBBOCK, TEXAS, a home rule municipality,
acting by and through its duly authorized Mayor, and hereinafter
called "City",
W I T N E S S E T H :
That for and in consideration of the sum of One and No/100
($1.00) Dollar cash in hand paid, the receipt of which is hereby
acknowledged and confessed, and as authorized by Section 13.006 of
the Texas Parks and Wildlife Code, State does hereby lease to City,
for park purposes only, the land presently known as MacKenzie State
Park and all improvements thereon, located and situated in the County
of Lubbock and State of Texas, for an initial term of fifteen (15)
years, beginning the 1st day of March, 1989 and terminating on the
28th day of February, 2004. However, this lease shall be
automatically renewable for a five (5) year term at the end of the
initial term and every five (5) years thereafter unless either the
City or State shall give the other party to this agreement written
notice to the contrary prior to the expiration of such initial term
or any such five (5) year extension.
It is mutually agreed and understood by and between both
parties hereto that City may operate or grant concessions on the said
hereinabove described property during the initial term of this lease
and during any extensions, and that City is to receive all rentals
and revenues derived from said concessions to assist City in the
upkeep and maintenance of the said hereinabove described property as
a public park.
January 26, 1989
Page fib
City agrees to operate said hereinabove described property as
public park in a manner that will be acceptable to State, and in
strict accordance with the laws regarding public parks of the City
Lubbock. This agreement applies to all municipal laws, rules and
regulations now existing or as hereafter amended, and any other
municipal laws, rules and regulations that may be promulgated while
this agreement remains in effect.
City further agrees, binds and obligates itself to keep the
said hereinabove described property in a clean and sanitary
condition, and maintain all plants, trees, grasses and improvements
thereon.
City agrees to make capital improvements on said hereinabove
described property which, in its opinion, will enhance the value,
patrons' u-se, or revenue of said public park.
State agrees that any improvements that may be placed on said
hereinabove described property by City in the future are, and shall
be, the personal and removable property of the City.
a
of
It is mutually agreed and understood by and between both
parties hereto that if any of the conditions of this agreement as
hereinabove set out are breached, or if the City affirmatively or by
inference abandons use of the property as a public park, this lease
agreement shall be null and void, and the acres of land covered by
this agreement will automatically revert to the Texas Parks and
Wildlife Commission as a State Park of the State of Texas.
This contract executed in duplicate originals this the 26th day
of .lanuary, 1989.
ATTEST:
LsL Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
LsL Lee Osborn
Lee Osborn, Director of Parks
and Recreation
THE STATE OF TEXAS §
COUNTY OF TRAVIS §
TEXAS PARKS AND WILDLIFE
COMMISSION
BY:
Charles Travis, Chairman
THE CITY OF LUBBOCK
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
BEFORE ME, the undersigned authority, a Notary Public in and
for Travis County, Texas, on this day personally appeared Charles
Travis, Chairman of the Parks and Wildlife Commission of the State of
Texas, 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 Parks and Wildlife Commission of the STATE
OF TEXAS, for the purposes and consideration therein expressed and in
the capacity herein stated.
January 26, 1989
Page 69
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
. 1989.
Notary Public, Travis County,
Texas
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and
for Lubbock 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 tliie act and deed of the CITY OF LUBBOCK, TEXAS, and as Mayor, for
the purposes and consideration therein expressed and in the capacity
herein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 26th day of
January, 1989.
Isl. Olivia R. Solis
Notary Public, Lubbock County,
Texas
Joe Hefley, member of the Parks and Recreation
Board, appeared to present Board recommendations
to City Council.
According to Staff memo, the City of Lubbock
submitted a request to the Texas Parks and
Wildlife Commission seeking a variance in the
existing State law prohibiting the sale or con-
sumption of alcoholic beverages in State parks.
A variance is necessary in order to serve beer
and/or wine at Meadowbrook Golf Course since the
course is located in Mackenzie Park and the park
is owned by the State. The Texas Parks and
Wildlife Commission recommended that the City
change the current Concession Lease Agreement
with the Texas Parks and Wildlife Commission and
that the City of Lubbock enter into a regular
Lease Agreement.
The City of Lubbock specifically purchased the
land for Mackenzie Park in 1935 and deeded the
land to TP&.W for the development, maintenance and
operation of a State Park. At that time, federal
funds were supposedly available for development
of parks but were limited to State parks;
therefore, the City was ineligible to receive the
federal funds for development. However, federal
funds were never released, and the initial
project was abandoned. Through other cooperative
efforts between the City, the State, and with the
assistance of the Civilian Conservation Corps,
Mackenzie State Park was developed.
Since that time, the City has been totally
responsible for the maintenance and operation of
the park and has received no State operating
funds. In 1953, the City entered into a
Concession Lease Agreement with TP&.W for 50
years, which allows the City all the rights to
January 26, 1989
Page 70
concessions and authorize sublease of these
concession rights. Mackenzie is a State park in
name designation only. The City is responsible
for all maintenance, improvements and activities
in the park; however, any renovation activity or
concessions agreements must be approved by TP&W.
If Mackenzie is released back to the City, then
the City would no longer have to seek approval
for activities at the park and the decision to
authorize the sale and consumption of alcoholic
beverages at Meadowbrook would be achieved
through an Amendment to the local code. The Golf
Committee and the Parks and Recreation Board
recommended that the City of Lubbock cancel the
Concession Lease Agreement and enter into the
proposed Lease Agreement which states that, for
the sum of one dollar ($1.00), the City would
lease Mackenzie for 15 years with an automatic
extension provision and would continue to be
responsible for the maintenance, operations and
improvements in the park.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Patterson to authorize Resolution
#3019 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
B. Consider Ordinance #9254 amending the Code of
Ordinances regarding consumption of alcoholic
beverages at selected „park locations.
OROINANCE #9254
AN ORDINANCE AMENDING SECTION 19-2[b] OF THE CODE OF ORDINANCE
OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE POSSESSION AND
CONSiUMPTION OF BEER AND/OR OTHER ALCOHOLIC BEVERAGES IN CERTAIN
PORTIONS OF VARIOUS CITY PARKS; PROVIDING FOR A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Also presented for Council's consideration was an
Amendment to the City Ordinance prohibiting the
alcoholic beverages in public parks. Because
Meadowbrook Golf Course is located in Mackenzie
Park, the existing ordinance would need to be
amended specifically authorizing the sale and
consumption of beer and/or wine within
Meadowbrook Golf Course at Mackenzie Park.
Staff recommended that the present Ordinance be
amended to authorize the sale and/or consumption
of alcoholic beverages at selected secured park
facilities and at certain types of events. The
Parks and Recreation Board would develop specific
procedures and guidelines to ensure that proper
control, access, security and management of
alcohol consumption are provided and that the
specific location and type of event are
appropriate.
Councilman Carpenter requested clarification of
what was being proposed. Councilman Phillips
followed stating that, in speaking with citizens
at Meadowbrook Golf Course, he is not convinced
that the potential benefits would outweigh the
potential problems and therefore he could not
support this amendment.
January 26, 1989
Page 71
Councilman Patterson expressed his support.
Motion was made by Councilman Maloy, seconded by
Councilman Patterson to pass on first reading
Ordinance #9254 as recommended by the Parks Board
and City Staff. Motion carried: 5 Yeas;
2 Nays --Councilman Carpenter and Councilman
Phillips.
89-48A-71-55
$.) ORDINANCE _#9252-_-Zone Case #2104-H (located east
of Slide Road _and _north of 80th Street) --Request
ORDINANCE #9252
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE NO. 2104-H; A ZONING CHANGE FROM A-1 TO GO ZONING ON TRACT
C, WOODLAND PARK ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
8948A-71-56
( 9.)
Motion was made by Councilman Patterson, seconded
by Councilman Phillips to pass on second and
final reading Ordinance #9252. Motion carried:
7 Yeas; 0 Nays.
to M-1 on a tract out of Section 18 Block A.
ORDINANCE #9250
AN ORDINANCE AMENDING ZONING ORDINANCE ND. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE,FOLLOWING CHANGES:
ZONE CASE NO. 2624; A ZONING CHANGE FROM R-1 AND C-4 TO M-1 ZONING ON
A TRACT OUT OF SECTION 18, BLOCK A, LUBBOCK, TEXAS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
89-48A-71-57
(11.)
Motion was made by Councilman Patterson, seconded
by Councilman Phillips to pass on second and
final reading Ordinance #9250 as recommended by
Staff. Motion carried: 7 Yeas; 0 Nays.
ORDINANCE #9253
AN ORDINANCE ABANDONING AND CLOSING A TWENTY FEET UNDERGROUND
UTILITY EASEMENT LOCATED IN WEST CHASE ADDITION TO THE CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED
HEREINAFTER IN THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK
THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND
CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING PUBLICATION.
January 26, 1989
Page 72
89-48A-72-58
(10.)
Motion was made by Councilman Patterson, seconded
by Councilman Phillips to pass on second and
final reading Ordinance #9253 as recommended by
Staff. Motion carried: 7 Yeas; 0 Nays.
ORDINANCE #9251
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE NO. 2625; A ZONING CHANGE FROM R-1 TO C-3 ZONING ON A TRACT
OUT OF: SECTION 3, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
89-48A-72-59
(12.)
At the public hearing, the Council requested that
Randy Andrews, proponent for Grac❑ Real Estate
Development, work out the fence design details
with the neighborhood before second reading.
Mr. Andrews informed Council that he had sent
information to the neighborhood, but had not
followed up on it. He concurred with the
conditions as amended in Ordinance #9251.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to pass on second and
final reading Ordinance #9251 as amended. Motion
carried: 7 Yeas; 0 Nays.
RESOLUTION #3020
RESOLUTION
RESOLUTION DIRECTING THE ENGINEER TO PREPARE AND FILE
ESTIMATES, ROLLS, ETC., IN CONNECTION WITH THE PROPOSED 1988
ASSESSMENT PAVING IMPROVEMENTS ON PORTIONS OF STREETS, HIGHWAYS,
AVENUES AND/OR ALLEYS IN AND ALONG THE BOUNDARIES OF THE CITY OF
LUBBOCK, TEXAS
WHEREAS, the governing body of the City of Lubbock has
heretofore ordered and provided for the improvement of portions of
sundry streets, highways, avenues and/or alleys in and along the
boundaries of the City as designated below:
January 26, 1989
Page 73
UNIT AND
SUB -UNIT ALLEYS (10' WIDE) FROM
A-461-06 E-W alley between
23rd St. & 24th St.
UNIT AND
SUB -UNIT STREET (36' WIDE)
2240-77 78th Street
2240-78 78th Street
UNIT AND
SUB -UNIT STREET (64' WIDE)
2240-79 Quirt Avenue
TO
Canton Ave. Elgin Ave.
FROM TO
Tahoka Hwy. Avenue "F"
Avenue "F" Avenue "D"
FROM TO
50th Street Slaton Hwy.
WHEREAS, it is proposed to make and levy assessments against
abutting property and the owners thereof and others for a portion of
the cost of such improvements; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Engineer of the City BE and he is hereby
directed to prepare and file with the City estimates showing cost of
improvements in each Unit, showing the description of the property
abutting upon each unit with the names of the owners of such property
and the amounts proposed to be assessed against each parcel of
property showing other matters and things, it being specially
provided, however, that any mistake in such estimates or in amounts
and in the descriptions of property or names of owners shall in no
wise affect, invalidate or impair any assessment which may be levied.
SECTION 2. THAT such estimates, rolls and statements shall
show all information required to be shown thereon by the proceedings
of the City relating to such improvements and the law and charter
with amendments in force in the City, and by the provisions of
Article 1105E of the Revised Civil Statutes of Texas as currently
amended.
SECTION 3. THAT this Resolution shall take effect and be in
force from and after its passage.
Passed by the City Council this 26th day of January, 1989.
ATTEST:
ZsL Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
ZsL Larry Hertel
Larry D. Hertel, City Engineer
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
This is the fourth of a series of five
Resolutions and one Ordinance used in the
procedure for levying assessments. This
Resolution directs the Engineer to prepare
estimates and assessment rolls. This paving
project includes more than a mile of paving on
Quirt Avenue from 50th Street to the Slaton
January 26, 1989
Page 74
89-48A-74-60
(13.)
Highway, two blocks on 78th Street from Avenue D
to Tahoka Highway, and one block of alley paving
between 23rd and 24th Streets and between Canton
and Elgin Avenues. Staff recommended approval.
Motion was made by Councilman Patterson, seconded
by Councilman Maloy to authorize Resolution #3020
as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
Street to 66th Street, Federal Aid project CRP 89
(1)(M).
RESOLUTION #3021
RESOLUTION
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 the Title Sheet for the plans for the construction of the
widening of University Avenue from 66th Street to 50th Street under
Federal Aid Project CRP 89(1)(M) as prepared by the State Department
of Highways and Public Transportation.
Passed by the City Council this 26th day of January, 1989.
ATTEST:
ZsL Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
LsL Larry Hertel
Larry D. Hertel, City Engineer
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Is1 J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
The City Council passed a Resolution on May 12,
1988, accepting provisions of the State
Department of Highways and Public Transportation
Minute Order No. 86776, which provides for the
reconstruction of this mile of City thoroughfare
street under the 1988-92 Urban System Program.
Under this project, the State is doing the design
and will be doing the reconstruction.
The approval of the Minute Order on May 12, 1988,
obligated the City to provide four items outlined
in the Minute Order. Those items are:
1. Provide 100% of the cost of right-of-
way clear of obstructions;
2. Provide 100% of the cast of utility
adjustments;
January 26, 1989
Page 75
89-448A-75-61
(14.)
3. Provide cost of construction of
continuous curb and gutter, storm
sewers, driveways and sidewalks, etc.;
4. Provide maintenance and regulate
traffic.
Since the Council considered the Minute Order in
May, 1988, the right-of-way requirements have
been reduced to one right -turn -lane at 50th and
University and the cost of this right-of-way now
appears to be approximately $15,000. The earlier
estimate was $72,000 for two right -turn -lanes.
The respective utility companies are presently
making adjustments in their facilities at their
expense. State representatives have indicated
that they do not expect to have any curb and
gutter, storm sewer, driveways or sidewalks that
would be the City's cost.
As a part of the project, a public meeting was
held at the Municipal Garden and Arts Center by
the Highway Department on Thursday, January 5,
1989. Mayor McMinn submitted a statement of
support for the project; however, numerous res-
idents adjacent to University Avenue opposed the
project because of disruption during
construction. One business owner, Mr. Charlie
Young, owner of Green Oaks Mall, subsequently
circulated a petition opposing the project.
Since then, the Mayor and Director of
Transportation met with Mr. Young and agreed to
modification along the commercial curb line. The
Director of Transportation is going to meet with
those in opposition in the Mall to discuss other
concerns. Staff recommended approval. A letter
from the Mayor will be sent to the Highway
Department requesting reasonable design
modification, but authorizing proceeding with the
project.
Motion was made by Mayo
by Councilwoman Trejo to
#3021 as recommended by
7 Yeas; 0 Nays.
r
Pro Tem Baker, seconded
authorize Resolution
Staff. Motion carried:
Department of Highways and Public Transportation
for the reconstruction of the East 26th Street
6ridge_Facility.
RESOLUTION #3022
RESOLUTION
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 agreement to be entered into by and between the City of
Lubbock and the Texas State Department of Highways and Public
Transportation, and the Atchison, Topeka and Santa Fe Railway Company
as signatory parties to said agreement, the subject matter of said
agreement being concerned with the construction and maintenance of
January 26, 1989
Page 76
the replacement of a bridge facility and approaches thereto located
at East 26th Street between Globe Avenue and Oak Avenue in the City
of Lubbock, 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 26th day of January, 1989.
ATTEST:
jsj Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry Hertel
Larry D. Hertel, City Engineer
Is1 B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Is/ J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
AGREEMENT FILED WITH RESOLUTION #3022.
This Agreement relates to the reconstruction of
the East 26th Street Overpass Bridge over the
railway company tracks and property by the Texas
Department of Highways and Public Transportation
through their 1987-1991 Off -State System Federal -
Aid Bridge Replacement and Rehabilitation
Program.
This project further relates to an Agreement
between the Texas State Department of Highways
and Public Transportation and the City for the
replacement or rehabilitation of the East 26th
Street Overpass Bridge (approved March 24, 1988)
and the City's portion (20%) of the total cost of
reconstruction. The City's portion was
calculated to be $360,000, which was 20% of the
estimated total cost of $1,800,000.
Funds have been allocated for the City's portion
of this reconstruction. Phase I funding, in the
amount of $299,837.96, is from CDBG Contingency
Funds and Phase II funding in the amount of
$61,000 is from Street Improvement Fund. The
first payment in the amount of $180,000 has been
paid and the second payment of $180,000 is due 45
days prior to the State's scheduled date for
contract letting.
The Highway Department advised that this project
is scheduled to be bid on either February 7 or
February 8, 1989.
Staff recommended approval.
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter to authorize Resolution
#3022 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
89-48A-77-62
(15.)
RESOLUTION #3023
RESOLUTION
January 26, 1989
Page 77
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality
located in Lubbock County, Texas, has determined and does hereby
determ n e 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 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 lands as needed for such purposes as
aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title to the following
described tracts of land located in Lubbock County, Texas, be
acquired for public purposes and municipal purposes as set forth in
the preamble hereof, to -wit:
THAT portion of Lots 6, 7, 8 and the North 10 feet of Lot
9, Block 1, Maddox Addition to the City of Lubbock,
Lubbock County, Texas, being the proposed right-of-way
for Detroit Avenue, being further described by metes and
bounds as follows:
BEGINNING at the original Northeast corner of Lot 6,
Block 1, Maddox Addition to the City of Lubbock, Lubbock
County, Texas, for the Northeast corner of this tract;
THENCE S. 02029'28" W., along the East line of said Lots
6 through 9, a distance of 85.00 feet to a point in the
East line of said Lot 9, for the Southeast corner of this
tract;
THENCE N. 87030'32" W. a distance of 33.43 feet to a 1/2"
iron rod with cap marked 'RPS 1974" for the Southwest
corner of this tract;
THENCE N. 02005'45" E. a distance of 85.00 feet to a 1/2"
iron rod with cap marked 'RPS 1974" in the North line of
said Lot 6, for the Northwest corner of this tract;
THENCE S. 87030'32" E., along the North line of said Lot
6, a distance of 34.02 feet to the Place of Beginning.
CONTAINS: 2,866.78 square feet.
SECTION 2. THAT the owners of said tract, including E. Z.
Hogan, Jr., BE offered through the Right -of -Way Department of the
City of Lubbock the amount of $3,637.00, 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.
January 26, 1989
Page 78
Passed by the City Council this 26th day of January, 1989.
ATTEST:
Ls/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s1 Ed Bucy
Ed Bucy, Right -of -Way Agent
89-48A-78-63
(16.)
Is/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
This commercial piece of property is located at
327 North Detroit and is needed for the widening
of Detroit Avenue. The area to be taken is
2,866.78 square feet. There is a house is on the
west part of this lot, but it will not be
affected by the taking. Jimmy Goddard was the
appraiser of this property and his total value of
this is $3,637. Df this taking, $2,867 is the
land valuation and $770 is the asphalt and gravel
drive value. Commercial land in this area is
valued at $1 per square foot, but Mr. Hogan
(property owner) feels that the value should be
$3 per square foot and is therefore a possible
condemnation case. Staff recommended the
appraised value offering.
Motion was made by Councilman Patterson, seconded
by Councilman Maloy to authorize Resolution #3023
at the appraised value as recommended by Staff
and Appraiser Jimmy Goddard. Motion carried: 7
Yeas; 0 Nays.
RESOLUTION #3024
RESOLUTION
WHEREAS, on February 11, 1988 the City Council of the City of
Lubbock authorized the filing of an Urban Homestead Application on
behalf of the City of Lubbock with the U.S. Department of Housing and
Urban Development; and
WHEREAS, the City Council of the City of Lubbock designated the
Lubbock Urban Renewal Board of Commissioners as the Local Urban
Homesteading Agency; and
WHEREAS, the Department of Housing and Urban Development finds
it more appropriate to have the Lubbock Housing Finance Corporation
act as the Local Urban Homesteading Agency; and
WHEREAS, the Department of Housing and Urban Development
requires an agreement between the Lubbock Housing Finance Corporation
and the City of Lubbock;
January 26, 1989
Page 79
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LUBBOCK:
SECTION 1. THAT the Lubbock Housing Finance Corporation be and
is hereby designated as the Local Urban Homestead Agency.
SECTION 2. THAT a homestead Program Agreement between the
Lubbock Housing Finance Corporation and the City of Lubbock be
and is hereby authorized.
Passed by the City Council this 25th day of January, 1989.
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
ZsL SandOgletree
Sandy Ogletree, Community
Development Administrator
STATE OF TEXAS §
CITY OF LUBBOCK §
/s/ B. C. McMinn
B. C. MCMINN, MAYOR
APPROVED AS TO FORM:
LsL James P. Brewster
James P. Brewster, Civil Trial
Attorney
This agreement is entered into by and between the Lubbock
Housing Finance Corporation (hereinafter called the "Corporation"),
acting by and through its duly authorized President, and the City of
Lubbock, a Home Rule Municipality of Lubbock County, Texas
hereinafter called "City";
For and in consideration of the mutual covenants and agreements
contained herein, the parties hereto agree as follows:
1.
The parties mutually agree to cooperate in the implementation
of a Local Urban Homesteading Program ("program") under which
eligible -individuals will receive single family residences which
properties must be rehabilitated and used as residences, pursuant to
the Housing and Community Development Act of 1974 and regulations of
the United States Department of Housing and Urban Development
("HUD").
2.
The parties agree to perform in compliance with the terms of
the Urban Homesteading Agreement.
3.
The Corporation agrees to accept title to properties eligible
to be conveyed under the program. It agrees to make these properties
available for conveyance and to convey these properties to eligible
individuals who qualify under the program as "homesteaders."
January 25, 1989
Page 80
4.
Whether or not the transactions contemplated by this Agreement
and the Program are consummated, the City shall protect and indemnify
the Corporation, its directors, officers, agents and employees from
and against all liability, losses, damages, costs, expenses
(including attorneys' fees), taxes, causes of action, suits, claims,
demands and judgments of any nature of, from, by ❑r on behalf ❑f any
person arising in any manner from this Agreement or in connection
with the Program or the financing of the Program, including, without
limiting the generality of the foregoing, those arising from (i) any
work. done in connection with, or the operation of the Program during
the term of this Agreement, (ii) any breach or default on the part of
the City in the performance of any of its obligations under this
Agreement, (iii) any violation of contract, agreement or restriction
by the City relating to the Program, or this Agreement, and (iv) any
violation of law, ordinance or regulation affecting the Program or
any part thereof or the ownership or occupancy or use or any property
Provided pursuant to the Program.
5.
The City agrees to perform all administrative functions and to
carry out all program activities on behalf of the Corporation in
accordance with Urban Homesteading Agreement and the Program
Guidelines. The activities are more particularly described below:
1) Perform any and all activities related to selection of
eligible properties, including review of property lists,
preparation of rehabilitation cost estimates and
preparation of all communications and documents necessary
to accept conveyances of selected properties to the
Corporation;
2) Provide security and maintenance of units conveyed to the
Corporation;
3) Advertise the program;
4) Perform all activities necessary for selection of
homesteaders, including the application process,
verifying information on applications and rejection and
acceptance of homesteader candidates based on the
applications;
5) Perform all activities necessary to matching of
homesteaders with selected units;
b) Assist homesteaders in seeking property rehabilitation
financing;
7) Prepare all documents and participate in all activities
necessary for conveyance of property to homesteaders,
including the closing of transactions and subsequent
legal activities in relation thereto.
8) Monitor rehabilitation activities on each unit and
perform periodic inspections;
9) Monitor homesteader compliance with program guidelines
and conveyance documents and conditions;
10) Perform activities necessary to closeout the program.
January 26, 1989
Page 81
I
The City agrees to bear all costs incurred by the Corporation
in connection with entering into this Agreement and in connection
with the participation by the Corporation in the Program.
Notwithstanding anything in this Agreement to the contrary, nothing
herein shall require the Corporation to expend any of its funds in
connection with the performance by the Corporation of its duties
under the Program or the Urban Homesteading Agreement.
IN WITNESS WHEREOF, the parties hereto have made and entered
into this agreement this 26th day of January, 1989, in Lubbock,
Texas.
ATTEST:
/s/ David R. Langston
Secretary
ATTEST:
/s/ Ranette Boyd
City Secretary
APPROVED i AS TO CONTENT:
/s/ Sandy Ogletree
Sandy Ogletree, Community
Development Administrator
LUBBOCK HOUSING FINANCE
CORPORATION
By: /s/ George M. Jackson
President
CITY OF LUBBOCK
By: /s/ B. C. McMinn
B. C. McMinn, Mayor
APPROVED AS TO FORM:
/s/ James P. Brewster
James P. Brewster, Civil Trial
Attorney
The Housing and Community Development Act of 1974
authorizes the Urban Homesteading Program. The
purpose of the Urban Homesteading Program is to
use existing housing stock to provide
homeownership and to assist in neighborhood
preservation. Currently the City of Houston and
the City of Fort Worth have active programs. The
program provides for the transfer of federally -
owned properties to a Local Urban Homesteading
Agency (LUHA) for use in a HUD -approved Local
Urban Homesteading Program.
In addition, it is provided in the law that an
Agreement between the Homesteader and the Local
Urban Homesteading Agency shall exist whereby the
individual or family to whom a property is
conveyed agrees to:
1. Occupy such property as a principal
residence for a period of not less than
5 years.
2. Repair all defects in the property that
pose a substantial and immediate danger
to health and safety within one year of
the date of initial conveyance.
3. Make such repairs to the property as
may be necessary to meet applicable
local standards for decent, safe and
sanitary housing within three years
after the date of initial conveyance.
January 26, 1989
Page 82
It should be emphasized here that the
Section 312 Loan Program (created by
the Housing Act of 1964) is the
financing mechanism being used more
across the country by cities
implementing homestead programs. The
CD staff has the expertise to package
these 312 Loan applications.
4. Permit reasonable periodic inspections
by the Staff to determine compliance
with the Agreement.
On February 11, 1988, the City Council approved
and subsequently submitted its Urban Homestead
Application for HUD's review and approval. HUD
accepted every provision of the application
except the designated LUHA. The City designated
the Urban Renewal Agency as the LUHA.
The LUHA is defined by the statute as a unit of
general local government or a public agency
designated by the unit of general local
government to carry out the Urban Homestead
Program. The statute goes on to say that the
designated LUHA must have the legal authority to
carry out the program as described in the law.
HUD has questioned whether or not the Urban
Renewal Board has the legal authority to carry
out the program. In other words, HUD questioned
that Board's legal authority to accept and
transfer title to property without consideration.
Thus, the City's application was put on hold by
HUD, and HUD suggested that the City consider
designating the Lubbock Housing Finance
Corporation as the LUHA.
The homesteading proposal and the participation
of the Lubbock Housing Finance Corporation as the
LUHA have been presented and discussed with the
LHFC Executive Committee and Board of Directors
November 28, December 5, and December 20, 1988.
The Board approved the proposal, and a Letter of
Commitment has been submitted. The City's
Community Development Staff will administer the
program.
According to Staff, this program is important to
Lubbock because it provides housing opportunities
utilizing vacant repossessed properties and
returns those housing units to the tax rolls.
This is also a good opportunity to utilize
Section 312 Loan financing to accomplish the
rehabilitation of the homestead properties.
Staff recommended approval.
Motion was made by Councilman Carpenter, seconded
by Councilman Maloy to authorize Resolution #3024
as recommended by Staff. Motion carried: 5
Yeas; O Nays; 2 Abstained --Councilman Patterson
and Councilwoman Trejo because they serve as
Board Members of the Lubbock Housing Finance
Corporation.
January 25, 1989
Page 83
89-48A-83-54
(17.) Consider Resolution #3025 authorizing the Mayor
to execute an Agreement with the State Department
RESOLUTION #3025
RESOLUTION
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 agreement to be entered into by and between the City of
Lubbock and the Texas State Department of Highways and Public
Transportation concerning the installation and maintenance of three
highway traffic signals at the West Brownfield Highway intersection
with Loop 289, the Loop 289 intersection with 34th Street, and the
Loop 289 intersection with North Quaker Avenue, 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 25th day of January, 1989.
ATTEST:
LSL°anette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Isj David E. Woosley_
David E. Woosley, Traffic
Engineer
ZsZ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Isj J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
AGREEMENT FILED WITH RESOLUTION #3025
These traffic signals are all being constructed
at State expense (estimated cost $180,000) and
will be maintained by the City. It is
anticipated that these will be let by the State
in May; however, the Agreement must be executed
by the City and the State before they can be
placed on the State's letting docket. The
projects will take approximately six months to
construct. Staff recommended approval.
Motion was made by Councilman Carpenter, seconded
by Councilwoman Trejo to authorize Resolution
#3025 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
January 26, 1989
Page 84
89-48A-84-65
(18.)
ORDINANCE #9255
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN
PORTIONS OF INDIANA AVENUE, AS HEREINAFTER MORE PARTICULARLY
DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS
WITH RESPECT THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT
01: 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
PUBILIGATION.
A recent speed study showed that a 45 MPH speed
limit is appropriate for this street, and the
existing speed limit is 40 MPH. Staff
recommended approval.
Motion was made by Councilman Maloy, seconded by
Councilman Patterson to pass on first reading
Ordinance #9255 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
89-48A-84-66
(19.) Consider Ordinance #9256 establishing_a 45 MPH
speed limit on 4th Street between Boston Avenue
and Brownfield Road.
ORDINANCE #9256
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN
PORTIONS OF 4TH 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;
AND REPEALING ORDINANCE NO. 9242.
This Ordinance has been requested by the State
Department of Highways and Public Transportation.
They conducted a speed study in the area in
September, 1988, and the results showed that a 45
MPH speed limit is appropriate. The existing
speed limit is 40 MPH. Staff recommended
approval.
Motion was made by Councilman Phillips, seconded
by Councilman Carpenter to pass on first reading
Ordinance #9256 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
January 26, 1989
Page 85
89-48A-85-67
(20.) Consider Ordinance #9257 establishing a 45 MPH
speed limit on Brownfield Road between 4th Street
and 6th Street.
ORDINANCE #9257
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; AND PROVIDING FOR
PUBLICATION; AND REPEALING ORDINANCE NO. 9243.
This Ordinance has been requested by the State
Department of Highways and Public Transportation
as a result of a speed study in the area
conducted in September, 1988 showing that a 45
MPH speed limit is appropriate. The existing
speed limit is 40 MPH. Staff recommended
approval.
Motion was made by Councilman Phillips, seconded
by Councilman Carpenter to pass on first reading
Ordinance #9257 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
89-48A-85-68
(21.) Consider Resolution _#_3026 authorizing the Mayor
to execute a Consent to Assignment of a Fixed
Base Operators Agreement from Askew &.Brown, Inc.
to TLC Investments, Inc.
RESOLUTION #3026
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT subject to the following provisions which shall form a
part; of the conditions of the Fixed Base Operator Agreement dated
December 11, 1980, by and between the City of Lubbock and John J.
Chriistmann, Jr., Raymond S. Tapp and Gene Murrell, which is being
assigned to TLC Investments, Inc.:
Section 5.08 - Duty to Prevent Unauthorized Access to
the Premises. Lessee shall prohibit both unauthorized persons
and vehicles from entering the Exclusive Leased Premises and
those Airport premises over which Lessee has control or usage
of in common with others, and Lessee agrees that in the event
that a civil penalty or fine is levied against the Airport or
City as a result of Lessee's failure to comply or act in
accordance with this provision or any other applicable federal,
state ❑r local statutes, ordinances, rules and regulations
affecting the use, occupancy or operation of any of said
premises, Lessee shall immediately reimburse the Airport or
City the full amount ❑f the penalty or fine and correct the act
or omission leading to, causing or contributing to the
violation.
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
Assignment of a Fixed Base Operator Agreement, attached herewith,
which shall be spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein
in detail.
January 26, 1989
Page 86
This Resolution shall become effective upon receipt, in
writing, from TLC Investments, Inc., that they agree to be hound by
§5.08 above set forth.
Passed by the City Council this 26th day of January, 1989.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
IsI Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
ZsL Marvin Coffee is/ -John C. Ross, Jr.
Marvin Coffee, Director of John C. Ross, Jr., City Attorney
Aviation
STATE OF TEXAS §
COUNTY OF LUBBOCK §
ASSIGNMENT
For value received, Askew & Brown, Inc., a Texas corporation,
herein called "assignor", hereby assigns, transfers and conveys to
TLC Investments, Inc., herein called "assignee", that certain Fixed
Base Operator Agreement executed December 11, 1980, between the City
of Lubbock as Lessor and John J. Christmann Jr., Raymond S. Tapp and
Gene Murrell, a general partnership, d/b/a CTM Hangars, which
Agreement is attached hereto and incorporated herein by reference as
if fully copied herein in detail.
2.
Assignor warrants that the attached Agreement was assigned by
CTM Hangars to WTA, Inc., and assignor further warrants that it now
has lawful authority to assign the Agreement herein being assigned as
a result of having foreclosed on a security interest and deed of
trust lien on the leasehold interest of WTA, Inc. Assignor also
warrants that said Agreement is valid and enforceable, that the
property which is the subject of the Agreement is free of all liens
and encumbrances and that all payments to the City of Lubbock called
for by the Agreement are current.
3.
Assignee agrees to assume all obligations of WTA, Inc. under
the Fixed Base Operator Agreement and to keep and perform all
obligations contained in the Agreement to the City of Lubbock and
save assignor harmless from the consequences of any failure to do so.
January 26, 1989
Page 87
Executed this 25th day of January, 1989.
ASKEW & BROWN, INC.
BY: s Don St. Clair
DON ST. CLAIR, Executive
Vice President
NCNB, as assignee from the
Federal Deposit Insurance
Corporation, as receiver for
First RepublicBank Lubbock,
N.A., formerly known as
RepublicBank Lubbock, N.A.
BY: /s/ Lynnda Jenkins
Senior Vice President
STATE OF TEXAS §
COU14TY OF LUBBOCK §
BEFORE ME, the undersigned authority, on this day personally
appeared DON ST. CLAIR, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he
executed this instrument for the purposes and consideration therein
expressed, in the capacity therein stated and as the act and deed of
ASKEW & BROWN, INC.
SUBSCRIBED AND SWORN to before me this the 19th day of January,
1989.
Isj Anita Wines
Notary Public in and for
Lubbock County, Texas
STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, on this day personally
appeared Lynnda Jenkins, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that
she executed this instrument for the purposes and consideration
therein expressed, in the capacity therein stated and as the act and
deed ❑f NCNB, as assignee from the Federal Deposit Insurance
Corporation, as receiver for First RepublicBank Lubbock, N.A.,
formerly known as RepublicBank Lubbock, N.A.
SUBSCRIBED AND SWORN to before me this the 19th day of January,
1989.
_Anita Wines
Notary Public in and for
Lubbock County, Texas
In consideration of the above Assignment, TLC Investments,
Inc., accepts the Assignment and all terms and conditions thereof and
agrees to perform all obligations, covenants and conditions of the
Fixed Base Operator Agreement dated December 11, 1980, from the City
of Lubbock to CTM Hangars.
January 26, 1989
Page 88
Executed this 18th day of January, 1989.
TLC INVESTMENTS, INC.
BY: /s/ Howard _Hurd.,_ II
HOWARD HURD, II, President
STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, on this day personally
appeared HOWARD HURD, II, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he
executed this instrument for the purposes and consideration therein
expressed, in the capacity therein stated and as the act and deed of
TLC INVESTMENTS, INC.
1989.
SUBSCRIBED AND SWORN to before me this the 18th day of January,
Is1 Robert Barnes
Notary Public in and for
Lubbock County, Texas
In accordance with the provisions of Article IV of the Fixed
Base Operator Agreement dated December 11, 1980, and in accordance
with a resolution of the City Council of the City of Lubbock, consent
is hereby given of the foregoing Assignment to TLC Investments, Inc.
Executed this 26th day of January, 1989.
ATTEST: CITY OF LUBBOCK:
LsL Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
LsL Marvin Coffee
Marvin Coffee, Director of
Aviation
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant
City Attorney
On December 11, 1980, the City of Lubbock entered
into a Fixed Base Operator Agreement with CTM
Hangars for construction of a hangar on leased
airport land, and the Agreement was later
assigned to WTA, Inc. Republic Bank Lubbock,
which later became NCNB, financed the facility
and assigned the property to Askew & Brown, Inc.,
a cover company for NCNB. Askew & Brown, Inc. is
now selling the property to TLC Investments, Inc.
and desires an assignment of this Fixed Base
Operator Agreement to TLC Investments, Inc.
facility for Gold Star Services, Inc., who will
be operating a medical flight service.
The leasehold interest of the airport is current
with land rent paid up to date.
The remaining term of the Agreement being
assigned runs until December 11, 2000, with two
5-year options. The City Attorney's Office urged
that this be expedited because of a pending sale
by the "assignor" to the "assignee".
January 26, 1989
Page 89
Motion was made by Councilman Maloy, seconded by
Councilman Phillips to authorize Resolution #3026
with addition of Section 5.08 to the agreement as
presented to Council in work session. Motion
carried: 7 Yeas; 0 Hays.
89-48A-89-69
(22.) Consider Resolution #3027 accepting water and
sewer improvements in Preston Place Addition,
Lots 1-19.
RESOLUTION #3027
RESOLUTION
RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR
LOTS 1 THROUGH 19, PRESTON PLACE ADDITION, LUBBOCK, LUBBOCK COUNTY,
TEXAS.
WHEREAS, the developer of Lots 1 through 19, Preston Place
Addition have complied with the provision of Chapter 2B, Article IV
of the Code of Ordinances, City of Lubbock, by providing the water
and sewer improvements for said Addition in accordance with paragraph
156 of said Chapter 28; and
WHEREAS, the total utility cost to the developer is $9,460.56
with the improvements constructed by Panhandle Construction, Inc.
having a value of $6,157.67 as determined by the unit prices
established by said Chapter 28, and $3,326.40 cash paid to the City,
with Lubbock Land Company, the developer to receive no refund in
accordance with Chapter 28 of the Code of Ordinances, City of Lubbock
and a refund of deposit in the amount of $23.51; and
WHEREAS, the construction of the said water and sewer
improvements was performed under the supervision of the Water
Utilities Engineer and completed in accordance with the City of
Lubbock's plans and specifications; 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 as an integral part of the water and sewer system of the
City of Lubbock.
SECTION 2. THAT a refund of deposit be made in the amount of
$23.51.
SECTION 3. THAT this Resolution shall take effect and be in
force from and after its passage.
Passed by the City Council this 26th day of January, 1989.
Is/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
L/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT: APPRDVED AS TO FORM:
L 1 Wilford D. Watson /s1 J. Worth Fullingim
Wilford D. Watson, Chief Water J. Worth Fullingim,
Utilities Engineer Assistant City Attorney
January 26, 1989
Page 90
89-48A-90-70
(23.)
This is a routine acceptance of water and sewer
improvements constructed in accordance with the
Subdivision Regulations. The facilities were
constructed to serve a replat of Tract "D", the
Meadows Addition. The final cost of the improve-
ments is $9,460.56 including construction costs
of $6,157.67 and cash t❑ the City of $3,326.40.
There is no refund in accordance with Chapter 28
of the Code; however, there is a refund of
deposit in the amount of $23.51. Staff
recommended accepting these improvements.
Motion was made by Councilman Patterson, seconded
by Councilman Maloy t❑ authorize Resolution 93027
as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
Consider Resolution 93028 accepting water and
sewer improvements in Womble Addition Tracts A
and B.
RESOLUTION 93028
RESOLUTION
RESOLUTION ACCEPTING WATER AND SEWER IMPROVEMENTS FOR TRACTS
"A" AND "B", WOMBLE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS.
WHEREAS, the developer of Tracts "A" and "B", Womble Addition,
have complied with the provision of Chapter 28, Article IV of the
Code of Ordinances of the City of Lubbock, by providing the water and
sewer improvements for said Addition in accordance with paragraph 156
of said Chapter 28; and
WHEREAS, the total utility cost t❑ the developer is $176,148.26
with the improvements constructed by Panhandle Construction Company
having a value ❑f $175,598.26 as determined by the unit prices
established by said Chapter 28, and $550.00 cash paid t❑ the City,
with Mark Womble, the developer t❑ receive a refund ❑f $159,048.09 in
accordance with the Chapter 28 ❑f the Code ❑f Ordinances ❑f the City
of Lubbock; and
WHEREAS, the construction ❑f the said water and sewer
improvements was performed under the supervision of the Water
Utilities Engineer and completed in accordance with the City of
Lubbock's plans and specifications; 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 as an integral part ❑f the water and sewer system of the
City, of Lubbock.
SECTION 2. THAT the refundable cost in the amount of
$159,048.09 be made in accordance with said Chapter 28 ❑f the Code of
Ordinances ❑f the City of Lubbock.
SECTION 3. THAT this Resolution shall take effect and be in
force from and after its passage.
January 26, 1989
Page 91
Passed by the City Council this 26th day of January, 1989.
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Zsl Wilford D. Watson
Wilford D. Watson, Chief Water
Utilities Engineer
89-.48A-91-71
(241.)
/sZ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
s J. Worth Fullin im
J. Worth Fullingim, Assistant
City Attorney
This is a routine acceptance of water and sewer
improvements constructed in accordance with the
Subdivision Regulations. The facilities were
constructed by Panhandle Construction Company.
The total cost of the improvements to the devel-
oper is $176,148.26 with the improvements having
a value of $175,598.26 as determined by the unit
prices established by Chapter 28 and cash to the
City of $550. The developer will receive a
refund of $159,048.09 in accordance with Chapter
28 of the Code.
Motion was made by Councilman Patterson, seconded
by Councilman Maloy to authorize Resolution #3028
as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
RESOLUTION #3029
RESOLUTION
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 Change Order No. 1 to Bid No. 9860, Steel Transmission and
Distribution Poles, by and between the City of Lubbock and FL Meyer
Industries, 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.
January 26, 1989
Page 92
Passed by the City Council this 26th day of January, 1989.
ATTEST:
Is1 Ranettq Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
IsZ Carroll McDonald
Carroll McDonald, Director of
Assistant Electric Utilities
Is1 B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Is1 Donald G. Vandiver
Donald G. Vandiver, First
City Attorney
CHANGE ORDER NO. 1 TO BID NO. 9860
STEEL TRANSMISSION AND DISTRIBUTION POLES
TO: FL Meyer Industries
P. 0. Box 114
Red Wing, Minnesota 55066
Gentlemen:
WHEREAS, it is desirable to make changes in the contract for
this project, being namely the following:
Expedited fabrication of 13 painted tubular steel structures.
WHEREAS, the Contractor herein agrees to the following change:
Expend such overtime labor as required to reduce the
fabrication and delivery schedule of 13 tubular steel structure
to 24 weeks.
The contract amount will be increased $42,235 resulting in a
new contract amount of $334,298.00
THIS AGREEMENT WITNESSETH: The Owner and the Contractor agree
to the change shown herein. The Contractor agrees to proceed with
expedited fabrication of the structures in accordance with the plans
and specifications. Furthermore, the parties agree that the original
contract between the Owner and the Contractor shall be modified to
the extent herein indicated.
January 26, 1989
Page 93
IN WITNESS WHEREOF, the Owner and the Contractor have hereto
set their hands this 26th day of January, 1989.
FL MEYER INDUSTRIES
(Contractor)
By: /s/ Robert Y. Schultz
FL Meyer Industries
By: /s/ B. C. McMinn
B.C. McMINN, MAYOR
RECOMMENDED FOR APPROVAL:
Title:
CITY OF LUBBOCK
LsL Carroll McDonald
Carroll McDonald, Director of
Electric Utilities
(Owner)
/s/ Vice President -
Marketing
Attest: /s/ Ranette Boyd
Ranette Boyd, City
Secretary
APPROVAL AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
In order to meet the required project completion
dates, the vendor has been asked to expedite
delivery of steel poles for the U.S. 1-27 Utility
Relocation Project. The increased costs of
overtime labor will result in a change order to
be approved by the City Council. The change to
be considered is as follows:
Expedite fabrication of 13 tubular steel
poles in order to reduce delivery time
from 32 weeks to 24 weeks -- $42,235.
The expedited delivery has been requested by the
Texas Highway Department in order to assure that
utility relocation work is completed prior to
letting of highway construction contracts. The
entire cost of this project as well as the cost
of this Change Order will be reimbursed by the
Texas Highway Department. Staff recommended
approval.
Motion was made by Councilman Carpenter, seconded
by Councilwoman Trejo to authorize Resolution
#3029 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
89-4E8A-93-72
(25.)BID #10012--Lubbock International Airport Sign,
and authorize same (Parks and Recreation).
Awarded to Mize Engineering & Development, Inc.
RESOLUTION #3030
January 26, 1989
Page 94
RESOLUTION
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 Mize
Engineering & Development, Inc. for Lubbock International Airport
Sign, 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 26th day of January, 1989.
ATTEST:
/sj Ranette Boyd
Ranr-_tte Boyd, City Secretary
APPROVED AS TO CONTENT:
LsL Gene Eads
Gene Eads, Purchasing Manager
STATE OF TEXAS
COU14TY OF LUBBOCK
Zs/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Is1 Harold Willard
Harold Willard, Assistant City
Attorney
CONTRACT
THIS AGREEMENT, made and entered into this 26th day of January,
1989, 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 MIZE ENGINEERING &
DEVELOPMENT, INC. OF LUBBOCK 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. 10012 - LUBBOCK INTERNATIONAL AIRPORT SIGN FOR THE AMOUNT OF
$10,700.00.
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.
January 26, 1989
Page 95
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 Bovd
Secretary
APPROVED AS TO CONTENT:
/s/ Carlos Vigil
ATTEST:
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ B. C. McMinn
Mayor
APPROVED AS TO FORM:
/s/ Harold Willard
MIZE ENGINEERING & DEV OF LUBBOCK
CONTRACTOR
By: /s/ Charles Mize
TITLE: President
COMPLETE ADDRESS: P.O. Box 64882, Lubbock, Texas 79464
Motion was made by Councilman Maloy, seconded by
Councilman Patterson to authorize Resolution
#3030. Motion carried: 7 Yeas; 0 Nays.
89-48A-95-73
(26.) BID #10002--Chatman Hill Neighborhood Entrance,
and authorize same (Parks and Recreation).
Bid awarded to LDC Construction Co., Inc.
RESOLUTION #3031
RESOLUTION
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 LDC
Construction Company, Inc. for Chatman Hill Neighborhood Entrance,
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 25th day of January, 1989.
ATTEST:
ZsL Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
ZsL Gene Eads
Gene Eads, Purchasing Manager
�sf B. C._ McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Is1 Harold Willard
Harold Willard, Assistant City
Attorney
January 26, 1989
Page 96
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 26th day of January,
1989, 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 LDC Construction Co.,
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. 10002 - CHATMAN HILL NEIGHBORHOOD ENTRANCE FDR THE AMOUNT OF
$13,459.00.
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
City Secretary
APPROVED AS TO CONTENT:
(51_ Sandy Ogletree
CITY OF LUBBOCK, TEXAS [OWNER]
jsj B. C. McMinn
Mayor
APPROVED AS TO FORM:
Zsj Teresa Wright
ATTEST: LDC Construction Co., Inc.
CONTRACTOR
By* ZsZ
TITLE: President
COMPLETE ADDRESS: P.O. Box 65251, Lubbock, Texas 79464
Motion was made by Councilman Maloy, seconded by
Councilman Patterson to authorize Resolution
#3031. Motion carried: 7 Yeas; 0 Nays.
January 26, 1989
Page 97
89-48A-97-74
(27.) BID #10014--Paper (Print Shop).
Dixon Paper Co.--3,600 rm. bond/copy paper,
white, 8-1/2"X11", 20-lb.; 600 rm. bond/copy
paper, white 8-1/2"X14", 20-lb.
Motion was made by Councilman Maloy, seconded by
Councilman Patterson to accept low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
89-48A-97-75
(28.) BID #9999--Texas Tech Cogeneration Substation,
and authorize same (Electric Production).
Awarded to ABB Electric, Waukesha, WI --
Transformer, circuit breakers, associated
structures and equipment for Texas Tech
Cogeneration Substation.
RESOLUTION #3032
RESOLUTION
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 ABB
Electric for Texas Tech Cogeneration Substation, 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 26th day of January, 1989.
ATTEST:
Zsj_Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Gene Eads
Gene Eads, Purchasing Manager
STATE OF TEXAS
COUNTY OF LUBBOCK
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
CONTRACT
THIS AGREEMENT, made and entered into this 26th day of January,
1989 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 ABB ELECTRIC INC. OF
WAUKESHA of the City of WAUKESHA, County of WAUKESHA, and the State
of W:ISCONSIN, hereinafter termed CONTRACTOR.
January 25, 1989
Page 98
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. 9999 - TEXAS TECH COGENERATION SUBSTATION FOR AMOUNT OF
$2,356,00.00 (REFERENCE TO PDS #35528 WHICH IS INCLUDED IN ITS
ENTIRETY AS A PART OF THIS CONTRACT)
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:
/sZ iRanette Boyd
Secretary
APPROVED AS TO CONTENT:
Zsl Carroll McDonald
ATTEST:
Zs]utta L. Lieske
CITY OF LUBBOCK, TEXAS (OWNER)
Zs/ B. C. McMinn
Mayor
APPROVED AS TO FORM:
Ls1 Donald G. Vandiver
ABB ELECTRIC INC. OF WAUKESHA
CONTRACTOR
Secretary By: /s/ Daniel Elwinq
TITLE: President
COMPLETE ADDRESS: 400 South Prairie Avenue, Waukesha, Wisconsin
53185-5937
Councilman Carpenter instructed Staff to make
sure there are sufficient liquidated damages if
the longer delivery period were chosen.
Motion was made by Councilman Maloy, seconded by
Councilman Patterson to authorize Resolution
#3032. Motion carried: 7 Yeas; 0 Nays.
89-48A-98-75
(29.) BID #10020--Electronic Embosser and Imprinter
[Health Department].
Diamond Business Service, Inc., Amarillo--1
Automatic plastic card embossing and encoding
system; 2 plastic card imprinter.
January 26, 1989
Page 99
Motion was made by Councilman Maloy, seconded by
Councilman Patterson to accept low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
89-48A-99-77
(30.) BID #10023--Electrical items (Central Warehousej_
General Electric Supply Co.--100 54" glass strain
insulators 1500 lbs.; 600 fiberglass down lead
bracket; 225 30,000 lb. anchor shackle; 1,000 lb.
#2 med. hard drawn bare wire.
Fields & Co.--40,000 lb. #477 ACS R bare wire;
30,000' 15KV cable.
Techline Inc., Amarillo--100 9"-14" ridge iron
for H pole.
Nelson Electric Supply--100 477 MCM compression
dead end; 300 477 MCM 39" line guard-18 rods per
set; 125 4/0 31" line guard-15 rods; 100 112" guy
grip; 200 3/8" guy grip.
Poleline Electric Supply, Amarillo--8 pr. wood
X-bracing.
Cummins Supply--175 795 MCM deadend assembly; 100
54" glass strain insulator; 300 horizontal post
insulator w/clamp; 2,300 porcelain suspension
insulator 503/4"X10" 20000 lbs.; 50 24" cross
plate anchor; 50 1'X10' T.E. Anchor rod.
Motion was made by Councilman Maloy, seconded by
Councilman Patterson to authorize low bids
meeting specifications. Motion carried: 7 Yeas;
0 Nays.
89-48A-99-78
(31.) BID #9976--Stacking chairs (Civic
Center/Auditorium Coliseum).
Frank McGlaun Office Supply--200 #22000-G stack
chair with gang, Y-02 walnut; 1,580 #22007-G
stack chair with gang, Y-02 walnut.
Motion was made by Councilman Maloy, seconded by
Councilman Patterson to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
8948A-99-79
(32.) BID #10029--Golf Cart Storage Facility, and
authorize same (Golf Department.),.
Awarded to Brown -McKee, Inc.
RESOLUTION #3033
January 26, 1989
Page 100
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of
Lubbock a Contract by and between the City of Lubbock and Brown -McKee
for Golf Cart Storage Facility, 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 26th day of January, 1989.
ATTEST,:
Ls/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
rs/ Gene Eads
Gene Eads, Purchasing Manager
STATE OF TEXAS
COUNTY OF LUBBOCK
Ls1 B. C. McMinn
8. C. McMIHN, MAYOR
APPROVED AS TO FORM:
/s1 Harold Willard
Harold Willard, Assistant City
Attorney
CONTRACT
THIS AGREEMENT, made and entered into this 26th day of January,
1989 by and between the City of Lubbock, County of Lubbock, State of
Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized
to do so, hereinafter referred to as OWNER, and BROWN-MCKEE 1NC. OF
LUBBOCK 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
014NER 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. 10029 - GOLF CART STORAGE FACILITY FOR THE AMOUNT OF
$!51,000.00
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.
January 26, 1989
Page 101
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
Secretary
APPROVED AS TO CONTENT:
ZsL Scott Snider
ATTEST*
LsZMike P. 01es
CITY OF LUBBOCK, TEXAS [OWNER)
s B. C. McMinn
Mayor
APPROVED AS TO FORM:
Is/ Teresa Wright
BROWN-MCK E INC. OF LUBBOCK
CONTRACTOR
By: s E. Jack Brown
TITLE: President
COMPLETE ADDRESS: P.O. Box 3279, Lubbock, TX 79452-3279
Motion was made by Councilman Maloy, seconded by
Councilman Patterson to authorize Resolution
#3033. Motion carried: 7 Yeas; 0 Nays.
89-48A-101-80
(33.) BID #10013--
Awarded to Caprock Highway Construction Co.
RESOLUTION #3034
RESOLUTIDN
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 Caprock
Highway Construction Company for 1989 Maintenance 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 26th day of January, 1989.
ATTEST:
Zsj' Ranette Bond
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Gene Eads
Gene Eads, Purchasing Manager
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
s Harold Willard
Harold Willard, Assistant City
Attorney
January 26, 1969
Rage 102
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 26th day of January,
1969 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 Caprock Highway
Construction Company of the City of Lubbock, County of Lubbock, and
the State of Texas, hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the
OWNER and under the conditions expressed in the bond bearing even
date herewith (if any) the CONTRACTOR hereby agrees with OWNER to
commence and complete the construction of certain improvements
described as follows:
BID NO. 10013 - 1989 MAINTENANCE PROGRAM FOR THE AMOUNT OF
$1,456,815.00
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
after the date written notice to do
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:
Zsl Ranette Boyd
Secretary
APPROVED AS TO CONTENT:
Z_�/_ Don Jennings
ATTEST:
Zsl Tery Wagner
CITY OF LUBBOCK, TEXAS (OWNER)
Isj B. C. McMinn
Mayor
APPROVED AS TO FORM:
W_Teres_a _Wright
CONTRACTOR
By: Isj Ken Turner
TITLE: President
COMPLETE ADDRESS: 5185-B 69th, Lubbock, TX 79424
Motion was made by Councilman Maloy, seconded by
Councilman Patterson to authorize Resolution
#3034. Motion carried: 7 Yeas; 0 Nays.
January 26, 1989
Page 103
(34.) Hold an Executive Session on gersonnel matters to
discuss appointments to:
Parks and Recreation Board
Private Industry Council
89-48A-103-81
(35.) Consider one appointment to the Parks and
Recreation Board. The term of Dottie Johnston
expired on January 8, 1989.
Motion was made by Councilman Phillips, seconded
by Councilman Patterson to appoint Faye Alexander
to replace Dottie Johnston on the Parks and
Recreation Board. Motion carried: 7 Yeas; 0
Nays.
89-48A-103-82
(36..) Consider one appointment to the Private Industry
Council. Mr. Mark Kirkpatrick has resigned
leaving_a term which expires on June 30, 1989.
Motion was made by Councilman Phillips, seconded
by Councilman Carpenter to appoint Delfina
Castillo to fill the unexpired term of Mark
Kirkpatrick on the Private Industry Council.
Motion carried: 7 Yeas; 0 Nays.
There being no further business to come before Council, motion was
made by Councilman Patterson, seconded by Mayor Pro Tem Baker to
adjourn the meeting at 10:59 a.m.
. C. a -
B. C. McM NN, MAYOR
r--�3T
RanEltte Boyd, Ci- y ecret r
READ AND APPROVED THIS 9TH DAY OF FEBRUARY, 1989.
�0
B. C. McMINN, MAYOR
�LLE:ST
Ranette Boyd, City SecretarjV
THE STATE OF TEXAS R- 3�
COUNTY OF LUBBOCK
Before me Frances Hernandez a Notary Public in and for Lubbock C
personally appeared _ T_ J. A u f i I I _v AC co u n t it a n a E!g r of th
pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning. Ev
being by me duly sworn did depose and say that said newspaper has been publishe
than fifty-two weeks prior to the first insertion of this I -Pan[ da t i ce
ed copy of the Legal Y fl t i C e
No. 327157 at Lubbock County, Texa
is a true copy of the on anal and wa
Avalanche -Journal on the followingdates: January 23 s February
232 Words () .92 = -*�13.44
Account '!.na2er
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this 7 t h day of Fe b r u a ry lg 89
FORM 58-10
ORDtFWANCE 09952
AN -ORDINANCE AMEND-
ING ZONING ORDINANCE NO,
7094 AND THE OFFICIAL MAP
OF THE CITY OF LUBBOCK
MAKING THE FOLLOWING .
CHANGES: TONE CASE NO, 2104•
H; A ZONING CHANGE FROM A•
1 TO GO ZONING ON TRACT C, :y
WOODLAND PARK ADDITION.
LU8BOCK, TEXAS; SUBJECT TO
CONDITIONS; PROVIDING A
PENALTY; PROVIDING A SAV- lie
o
FOR PU BLICAON-PROVIDING
T
0 R D I NA N CE #9250
AN ORDINANCE AMEND-
ING ZONING ORDINANCE NO. :k
7084 AND THE OFFICIAL MAP
OF THE CITY OF LUBBOCK
MAKING TH'E FOLLOWING -
CHANGES: ZONE CASE NO, 262c
A ZONING CHANGE FROM R-1
AND C•4 TO M-F ZONING ON A
TRACT OUT OF SECTION Is,
BLOCK A, LUBBOCK, TEXAS; �+•-- rl
PROVIDING A PENALTY; -PRO•
VIQING A SAVINGS CLAUSE
AND PROV I DING FOR PUBLICA-
TION.
�j ORDINANCE N925I
AN ORDINANCE AMEND
FNG ZONING ORDINANCE NO
7084 AND THE OFFICIAL MAF
OF THE CITY OF LU88OCM
MAKING THE FOLLOWINC
CHANGES: ZONE CASE NO, 2625;
A ZONING CHANGE FROM Fu
TO C-3 ZON ING ON A TRACT OU7
OF SECTION 3, BLOCK E-2, LUB
BOCK, TEXAS; SUBJECT TO
CONDITIONS: PROVIDING, A
PENALTY; PROVIDING A SAV•
INGS CLAUSE AND PROVIDING
FOR PUBLICATION.
ORDINANCE 49253
AN OR DiNANCE ABANDON-
ING AND CLOSING A TWENTY
FEET UNDERGROUNOUTFLITY
EASEMENT LOCATED rN WEST
CHASE ADDITION TO THE CITY
OF LUBBOCK, LUBBOCK COUN-
TY, TEXAS. AS MORE PAR TiCU.
LARLY DESCRIBED HEREIN-
AFTER IN THIS ORDINANCE;
DIRECTING THE CITY ENGI-
NEER TO MARK THE OFFICIAL
MAPS OF THE CITY TO RE-
FLECTSAIA ABANDONMENT
AND CLOSING; PROVIDING A
SAVINGS CLAUSE; AND PRO-
V I D I NG PU BL FCAT ION.
R-38
a
CO