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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