HomeMy WebLinkAboutMinutes - City Council - Regular - 2/9/1989105
CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
FEBRUARY 9, 1989
10:00 A.M.
The City Council of the City of Lubbock, Texas met in regular session
on the 9th day of February, 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, Councilman Bill Maloy,
Councilman George Carpenter, Councilwoman Maggie Trejo, City Manager
Larry J. Cunningham, City Attorney John C. Ross, Jr., and City
Secretary Ranette Boyd.
Mayor McMinn called the meeting to order at 10:00 a.m.
1.} The Invocation was given by Councilman T. J.
Patterson.
[ 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 26, 1989 Regular City Council meeting
as written. Motion carried: 7 Yeas; 0 Nays.
( 4„ ) Citizen Appearances
Board Appointments
89-48A-105-83
5„) ORDINANCE #9255--Establishing a 45 MPH speed
limit on Indiana Avenue between 4th Street and
Clovis Road. -�
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
WITS! 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.
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter to pass on second and
final reading Ordinance #9255. Motion carried:
7 Yeas; 0 Nays.
February 9, 1989
Page 106
89-48A-106-84
{ 6.) 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.
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter to pass on second and
final reading Ordinance #9256. Motion carried:
7 Yeas; 0 Nays.
89-48A-106-85
7.) 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.
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter to pass on second and
final reading Ordinance #9257. Motion carried:
7 Yeas; 0 Nays.
89-48A-106-86
[ 9.) Consider Resolution #3035 accepting paving
improvements construction by Midwest Concrete,
Inc., in Preston Place, Lots 1-19.
RESOLUTION #3035
RESOLUTION
RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS
LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions
of City Ordinance 1331, the subdivider of Preston Place, Lots 1-19
made arrangements with Midwest Concrete Inc., and Hugo Reed and
Associates, Inc., for the construction of paving improvements on a
certain street dedicated in said subdivision under the provisions of
said Ordinance prior to the recording of the subdivision plat of the
above -mentioned addition including the following street.
93rd Street from the east lip line of Colton Avenue to
the Southwest lip line of Clinton Avenue known as new
subdivision No. 2033-97; and
February 9, 1989
Page 107
WHEREAS, the construction of the above improvements on the
above -mentioned street was performed under the supervision of the
City Engineer, and said improvements have been completed and have
been inspected and found to have been constructed in accordance with
City specifications and in accordance with the provisions of City
Ordinance 1331; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements on said portions of the
above- mentioned street BE and the same are hereby accepted and the
City Engineer BE and he is hereby authorized to notify the Developer
of paving acceptance by the Lubbock City Council.
SECTION. 2 THAT this Resolution shall take effect and be in
force from and after its passage.
Passed by the City Council this 9th day of February, 1989.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED ►4S TO CONTENT: APPROVED AS TO FORM:
ZsL Larry Hertel Zsl J. Worth Fullin im
Larry D. Hertel, City Engineer J. Worth Fullingim
Assistant City Attorney
This is a routine acceptance of paving
improvements required at the time of platting
this new subdivision. This subdivision is west
of Chicago Avenue at 93rd Street and no City cost
is due the contractor.
The plans for this project were done by
consulting engineers with inspection and testing
done by City personnel. Staff recommended
approval.
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter to authorize Resolution
#3035 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
89-48A-107-87
[ 8„� ORDINANCE #9254--Amending Chapter 19 Article I
of the Code of Ordinances by amending Section
19.2 to expand authorized activities in
designated parks.
ORDINANCE #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
CONSUMPTION OF BEER AND/OR OTHER ALCOHOLIC BEVERAGES IN CERTAIN
PORTIONS OF VARIOUS CITY PARKS; PROVIDING FOR A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Mayor McMinn announced that Item #8 is not a
public hearing and that testimony from the public
will not be allowed.
February 9, 1989
Page 108
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Maloy to amend Ordinance #9254 as
follows:
(change the second paragraph to read as follows):
"The sale and consumption of beer and/or wine
within Meadowbrook Golf Course in Mackenzie Park
may be allowed in accordance with the laws of the
State of Texas as administered by The Texas
Alcoholic Beverage Commission."
(change paragraph three to read):
"The sale and/or consumption of alcohol may be
permitted only at the following selected park
facilities: Mackenzie Outdoor Center, the Fine
Arts Center, Landwer House at Canyon Lakes #1,
and the Garden and Arts Center during specific
events. The Park and Recreation Board shall
develop guidelines and procedures to insure the
following:
a. that the sale and/or provision of the
alcoholic beverages would be conducted by
a licensed and approved concessionaire or
caterer only;
b. that the sale and/or provision of
alcoholic beverages would be conducted by
special permit only, and;
c. that the proper control, access, security
and management selected and type of
events are appropriate for the sale
and/or consumption of alcohol.
Councilman Carpenter asked if the sale of
alcoholic beverages by a licensed caterer, as set
out in the Amendment, included Meadowbrook or
just the other permitted areas.
Mayor Pro Tem Baker replied that according to her
understanding, if Council authorizes, the way it
will be handled at Meadowbrook will be determined
by the Texas Alcoholic Beverage Commission.
Mayor McMinn commented that it would be handled
by one of the City's caterers, as the City of
Lubbock is not getting into the "beer business".
Councilman Carpenter questioned what the plans
are for restricting sale at Meadowbrook in light
of the suggested restrictions in the other
facilities.
Assistant City Manager Rita Harmon responded that
the intent of sales at Meadowbrook is that the
City of Lubbock would not have a liquor license,
but this would be handled by a separate
concessionaire or caterer who is licensed by the
State of Texas and who would be responsible for
the sale and distribution of alcohol under a
contract with the City of Lubbock.
Councilman Carpenter asked who would be enforcing
the legal age for purchase and sales to persons
already inebriated, the City or the conces-
sionaire with the Lease.
February 9, 1989
Page 109
Ms. Harmon answered that the permitted conces-
sionaire must abide by certain TABC regulations
and enforcement would be the contracted
concessionaire's responsibility.
Councilman Carpenter then inquired if the City of
Lubbock has received written permission from the
State ❑f Texas to sell alcoholic beverages on the
State Park land the City will be leasing ❑r if
State approval is just an assumption at this
time.
Ms. Harmon stated that Staff has discussed this
with the Texas Parks and Wildlife Commission and
Staff, and it was at their direction that the
City amended its Lease Agreement. The Lease
Agreement has been drafted and reviewed with TP&W
prior t❑ its submission t❑ Council.
TP&W has not yet officially signed off on it, but
in discussion with TP&W and their legal counsel,
there are n❑ problems with it. The reason for
the delay is that the TP&W Board meets on a
quarterly basis.
Councilman Carpenter asked if the Lease Agreement
speaks to alcoholic beverages, and Ms. Harmon
replied that it does not, but the Lease does
state that the activities in the parks will be
controlled by the municipal rules, regulations,
operating procedures, etc. Ms. Harmon restated
that the Lease was discussed thoroughly with the
TP&W Staff prior to and after its submission to
Council, but that the Lease does not specifically
make reference t❑ alcoholic beverages.
Councilman Carpenter asked that if TP&W comes
back later, will City Staff specifically ask for
permission to sell on the leased land. Ms.
Harmon stated that the Lease does not require
that the City specifically ask for permission to
sell alcoholic beverages on the leased land;
however, City Staff has made TP&W fully aware, in
writing, ❑f the City's intent to sell alcoholic
beverages ❑n this land, and it was after that
notification that TP&W recommended the change in
the Lease.
Councilman Phillips asked who is responsible for
people drinking on the golf course. Ms. Harmon
stated that the Golf Course will have procedures
which deal with that in a coordinated effort with
the concessionaire, and that informal discussions
with TABC have established that TABC would do an
on -site inspection and that procedures would be
drafted with their guidance and assistance.
Councilman Patterson asked if security on the
golf course would be increased, and Ms. Harmon
stated that the security requirements would be
looked at to ensure the appropriate amount.
Mayor McMinn emphasized that this Amendment
specifies the only places outside of Meadowbrook
Golf Course where beer, wine and alcohol may be
served regardless of the events and that no
alcohol will be allowed in any ❑f the other
parks. He went on to say that all of the
February 9, 1989
Page 110
approved areas are enclosed --three are buildings
and one, the Mackenzie Outdoor Center, is
enclosed by an 8' fence; and that it was never
the intent of Council or Staff that alcohol be
allowed in any of the open parks.
Councilman Carpenter reminded Council that in
earlier discussion of a work session item, it was
consensus of Council to oppose legislation which
would make certain contractual obligation
liability fall to the cities. He expressed his
opinion that the City has a liability problem
with allowing alcohol to be served at City
facilities --either enclosed or open, and that the
potential for passage of this legislation means
that liability could fall to the City. His
special concern regards accidents occurring
because of the sale or use of alcoholic
beverages, and the possibility that any liability
from them would have to be covered by the City's
self-insurance. He commented that he is
especially concerned due to the fact that the
City does not have separate insurance coverage
for these areas.
Councilman Carpenter went on to report that he
had received over 200 letters and several
contacts from individuals who oppose the sale of
alcohol in Meadowbrook, and he urged that in
light of the fact that all the other golf courses
in the area serve alcoholic beverages, that their
sale in Meadowbrook be prohibited to give players
a choice. He expressed doubt that problem
situations involving use of alcoholic beverages
can be effectively controlled.
Councilman Patterson pointed out that the caterer
or concessionaire will have the liquor license
and that the City would not be responsible. He
went on to say that the Council should not sit in
judgment on what is right or wrong, and that
Meadowbrook Golf Course is the best of all
courses in the City and that citizens should have
a broad perspective of what they wish to
participate in.
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker, to bring the question to
the floor and stop discussion. Motion carried:
5 Yeas; 2 Nays.
Councilman Phillips asked for verification that
the motion carried. [Councilman Phillips
continued with his comments while City Attorney
John Ross checked Council Rules to verify the
required vote for carrying a motion to cease
discussion.] He stated his opposition to the
Amendment is based on the large number of
citizens who oppose this; and further, his
opinion is that the potential problems
overwhelmingly outweigh the potential benefits.
He stated his intent in opposing this is not an
attempt to legislate morality, but rather is
because he is convinced that the City is opening
the door to potential problems with alcoholic
beverage consumption in some other parks. He
went on to say he failed to see how serving
alcohol at Meadowbrook Golf Course will make it a
better golf course.
February 9, 1989
Page 111
89-48A-111-88
(10.)
Councilman Carpenter then asked Staff to study
the possibility that the City will incur
additional liability from this action, and
whether or not additional liability insurance
coverage should be purchased before final Council
action and contracting with a caterer.
At this point City Attorney Ross advised that the
motion had carried; that Robert's Rules of Order
required a 2/3 vote; however, City Council Rules
require only a majority vote. He went on to
point out that 5/7 would be more than 2/3, so
motion carried under both rules.
Mayor McMinn then called for the vote on the
Amendment. Motion to amend carried: 7 Yeas; 0
Nays.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Maloy to pass Ordinance #9254 as
amended. Before vote was called for by Mayor
McMinn, a motion was made by Councilman
Carpenter, seconded by Councilman Phillips to
table this item. Motion failed: 2 Yeas;
5 Nays --Mayor McMinn, Mayor Pro Tem Baker,
Councilman Patterson, Councilwoman Trejo,
Councilman Maloy.
Motion to pass Ordinance #9254 as amended
carried: 5 Yeas; 2 Nays --Councilman Carpenter,
Councilman Phillips.
Councilman Patterson questioned vote of
Councilmembers Carpenter and Phillips for the
Amendment but against the passage of the amended
Ordinance, and Councilman Carpenter stated that
the Amendment is more restrictive and is better
that what was there before.
RESOLUTION #3036
RESOLUTION
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality
located in Lubbock County, Texas, has determined and does hereby
determine that the public needs, safety and welfare demand and create
a public necessity for the acquisition of additional land for
municipal public uses and purposes, to -wit: for the widening of
Detroit Avenue, and this City Council of said City finds it in the
publlic 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 tract of land located in Lubbock, Lubbock County, Texas, be
acquired for public purposes and municipal purposes as set forth in
the preamble hereof, to -wit:
February 9, 1989
Page 112
THAT PORTION OF the South 15 feet of Lot 9 and Lots 10
through 12, 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 Southeast corner of Lot 12,
Block 1, Maddox Addition to the City of Lubbock, Lubbock
County, Texas, for the Southeast corner of this tract;
THENCE N. 87130'32" W., along the South line of said Lot
12, and along the North line of Colgate Street, a
distance of 32.91 feet to a 1/2" iron rod with cap marked
"RPS 1974" for the Southwest corner of this tract;
THENCE N. 021205'45" E. a distance of 90.00 feet to a 1/2"
iron rod with cap marked "RPS 1974" for the Northwest
corner of this tract;
THENCE S. 8730'32" E. a distance of 33.43 feet to a
point in the East line of said Lot 9, for the Northeast
corner of this tract;
THENCE S. 02129'28" W., along the East line of said Lots
9 through 12, a distance of 90.00 feet to the POINT OF
BEGINNING.
CONTAINS: 2,980.76 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
Cite of Lubbock the amount of $29,700.00, 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.
Passed by the City Council this 9th day of February, 1989.
ATTEST:
ZsL_Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Z-s.L- Ed Bucy
Ed Bucy, Right -of -Way Agent
Ls/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/_J. Worth Fullingim
J. Worth Fullingim
Assistant City Attorney
This tract of commercial property needed for the
widening of Detroit Avenue is located at 313 N.
Detroit Avenue. This property is leased to 7-11
as a convenience store, but has been closed for
two or three years. Mr. Hogan has a lease
agreement with 7-11 which expires in 1994. Until
the lease ends in 1994, Mr. Hogan receives a
February 9, 1989
Page 113
monthly rent check of $583. 7-11 has indicated
that they will terminate their lease upon City
acquisition because an eminent domain clause in
their contract will change their setback and
parking area. This 20 year Lease began in 1974
when the real estate market was on an upswing.
The appraiser of this project, Jimmy Goddard,
indicated that the present market value of this
7-11 was $17 per square foot for the building
area itself (2,454 square feet), for a total of
$41,700 (rounded). The appraisal also indicated
that the monthly Lease rate of $583 was too high,
due to the soft market conditions in this area.
A lease rate of $306 per month was determined to
be more typical. Mr. Hogan is receiving $277
more per month than is typical for this area and
type property. Jimmy Goddard valued this lease
difference by discounting $277 for 71 months
(1994) at 10% for a value of $14,800. Total
present value of the 7-11 including the value
attributed to the existing favorable lease
difference is $41,700 + $14,800 = $56,500.
The value of the land and improvements in the
part -taking area is $5,479. Of this, $2,981 is
attributed to the improvement value (paving,
concrete, and sign base). The present value of
the property before damages, after the land and
improvements are taken away, is $51,021.
The damages were calculated by determining the
market value of the property at $13 per square
foot after the taking as opposed to $17 per
square foot before the taking. The decrease in
overall size of the subject property after the
taking in relation to the comparable sale
properties size indicated that change in value.
Thus, $13 at 2,454 square feet (building) _
$31,902 minus the planned expense of concrete
parking and reconstruction along Colgate Street
of $5,150 = a property value of $26,800 after the
taking. Damages are then:
51,021 Value before damages
-26,800 Value after taking
24,221 Value of damages
The final appraised offer to Mr. Hogan is
consequently $24,221 (damages) + $5,479 (value of
fee interest) _ $29,700.
Mr. Hogan alleges that the value of this part -
taking of his property is well over $40,000. At
present, the property is listed with Westmark
Realty for lease. Staff visited with one of
their real estate agents regarding the value of
this 7-11 property. The agent set a value of
$55,000 for the whole property, another agent in
that office gave a value of $60,000 and another,
a value of $50,000. Each agreed the real estate
market in this area is soft. These values match
Jimmy Goddard's valuation of $56,500 for the
whole property. This is a possible condemnation
acquisition; however, Staff recommended the
appraised value by Jimmy Goddard.
February 9, 1989
Page 114
89-4BA-114-89
(11.)
Motion was made by Councilman Phillips, seconded
by Mayor Pro Tem Baker to authorize Resolution
#3036. Motion carried: l Yeas, 0 Nays.
of Lubbock.
ORDINANCE #9258
AN ORDINANCE ABANDONING AND CLOSING AN ALLEY LOCATED IN BLOCK
4, EAST SIDE ADDITION, AND SOUTH OF AND ADJOINING LOT 4, MOTE
ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE
PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE
CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO
REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAYINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
These north -south and east -west alleys to be
closed are located just east ❑f Quirt Avenue
between East 9th Street and East loth Street.
This closure is requested by Hugo Reed, Inc., for
Pal❑ Duro Properties, t❑ replat the property into
two buildable lots for a church complex. Area
being closed is 9,104 square feet, ❑r .209 acre.
Approximately 2,600 square feet of street is
being dedicated in this new plat and 11,400
square feet of Underground Utility Easement area
is being dedicated. Also, these new dedications
more than offset the area being closed. The $150
application fee has been paid. A water and sewer
line will have to be relocated. Staff was
advised by memo that this item will be presented
to P&Z for replat and that subject to possible
conditions required by P&Z, Staff recommended
approval.
Motion was made by Councilwoman Trejo, seconded
by Mayor Pro Tem Baker to pass on first reading
Ordinance #9258 as recommended by Staff. Motion
carried: l Yeas; 0 Nays.
89-48A-114-90
(12.) _Consider the price and condition of sale of
Parcel Number 93440-6-8 in the Chatman Hill Urban
Renewal Area.
On March 24, 1988 the Joint Venture for
Affordable Housing which included HUD, West Texas
Home Builders Association, and City of Lubbock,
was approved. The agreement was a collective
effort by public and private sector groups to
construct affordable housing without sacrificing
quality in the designated "Affordable Housing
Target Area", The Chatman Hill Neighborhood.
The Joint Venture Program was intended t❑
encourage local government and builders to work
together to demonstrate that the cost of well
designed, attractive housing can be reduced by
making minor changes in local regulations. The
February 9, 1989
Page 115
agreement summarized some of the efforts and
projects which serve as the foundation for the
Chatman Hill Redevelopment area, and, also
stipulated the cost -reducing techniques which
could be applied to the construction of new
housing in the area.
New construction in the Chatman Hill Neighborhood
in conjunction with the Joint Venture for
Affordable Housing Program stalled because the
Joint Venture had no funding and does not offer
any financial incentives to induce new
construction. There was reluctance on the part
of the contractors to speculate in an untested
market, and interim financing for construction in
the area has been difficult to secure.
In an attempt to move the project forward the
City Council approved a CD contingency allocation
for the acquisition and redevelopment of two new
houses in the area on September 22, 1988. The
two houses will be built for families currently
living in dilapidated houses in the area.
In order to create additional momentum a Request
for Proposals was distributed to the building
community which requested that the builder
construct one custom CD funded redevelopment
house in Chatman Hill in exchange for the
construction of one speculative house in the
neighborhood in a one -far -one arrangement.
The Urban Renewal Board of Commissioners endorsed
the leveraging idea at their January 10, 1989
meeting and approved the sale of the lots,
contingent on City Council approval, for the
first phase of the project (12 lots). January
26, the proposals for the construction of
affordable housing and bids for land were
received from two builders, Gary Patton and Chuck
Key. [Requests for Proposals were available to
everyone at the West Texas Home Builders
Association offices and were directly mailed to
all 17 builders who had attended the initial
Affordable Housing organizational meeting.
Each builder submitting a proposal will build one
speculative and one custom
relocation/redevelopment house in the area.
Final plans for each house will be due on
February 17.
This is a sale of property by the Urban Renewal
Agency to Gary Patton for $750. The
redevelopment will be a three bedroom house
located at 2410 Birch and will sell for
approximately $29,000. Staff recommended
approval.
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter to accept price and
condition of sale of Parcel Humber 93440-6-8 in
the Chatman Hill Urban Renewal Area as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
February 9, 1989
Page 116
89-48A-116-91
(13.) Consider the price and condition of sale of
Parcel Number 93440-11-1 in the Chatman Hill
Urban Renewal Area.
This is a sale of property by the Urban Renewal
Agency to Gary Patton for $750. The
redevelopment will be a two bedroom house located
at 2401 Birch and will sell for approximately
$26,000. Staff recommended approval.
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter to accept the price and
condition of sale of Parcel dumber 93440-11-1 in
the Chatman Hill Urban Renewal Area as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
89-48A-116-92
(14.) Consider the price and condition of sale of
Parcel Number 93440-11-16 in he Chatman Hill
Urban Renewal Area.
This is a sale of property by the Urban Renewal
Agency to Charles E. Key, dba Key Construction
Company, for $750. The redevelopment will be a
two bedroom house located at 2010 Birch and will
sell for approximately $29,000. Staff
recommended approval.
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter to accept the price and
condition of sale of Parcel Number 93440-11-16 in
the Chatman Hill Urban Renewal Area as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
89-48A-116-93
(15.) Consider the price and condition of sale of
Parcel Number 93440-10-14 in the Chatman Hill
Urban Renewal Area.
This is a sale of property by the Urban Renewal
Agency to Charles E. Key, dba Key Construction
Company, for $750. The redevelopment will be a
two bedroom house located at 2413 Birch and will
sell for approximately $24,000. Staff
recommended approval.
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter to accept price and
condition of sale of Parcel Number 93440-10-14 in
the Chatman Hill Urban Renewal Area as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
February 9, 1989
Page 117
89-48A-117-94
(16.) Consider Resolution #3037 authorizing the Mayor
to execute and submit the 1989 Emergency Shelter
Grant Application and all related documents.
RESOLUTION #3037
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 Emergency Shelter Grant Application for the year 1989 and
related documents, which Application is attached herewith and 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 fully copies herein in detail.
Passed by the City Council this 9th day of February, 1989.
ATTEST:
Isj Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Ls/_ Sandy Ogletree
Sandy Ogletree, Community
Development Administrator
Is1 B. C. McMinn
B. C. MCMINN, MAYOR
APPROVED AS TO FORM:
Zs/ Teresa Wright
Assistant City Attorney
APPLICATION AND RELATED DOCUMENTS FILED WITH RESOLUTION #3037.
The City of Lubbock has been notified that it is
eligible to receive $36,000 in grant funds under
the 1989 Emergency Shelter Grant Program funded
by the Department of Housing and Urban
Development (HUD).
This Program will provide assistance to the
homeless through eligible activities, including
the rehabilitation or conversion of buildings for
use as emergency shelters for the homeless; the
payment of expenses for essential services in
connection with emergency shelters for the
homeless. No more than 20% of the grant may be
utilized for the payment of essential services
without a waiver from HUD. There is a matching
component which requires that the City of Lubbock
or a non-profit subrecipient match the amount of
the grant with either direct or indirect
contributions.
It is proposed that the City of Lubbock submit
Grant Application for $36,000 to assist the
homeless. Following the receipt of the Grant,
the City will fund non-profit agencies which
assist the homeless. These agencies will be
required to provide the matching funds, through
either direct or indirect contributions.
February 9, 1989
Page 118
In order for the City of Lubbock to apply for
this program, the application must include a
certification by the Mayor that the activities
proposed for the Emergency Shelter Grant funds
are consistent with the City's Comprehensive
Homeless Assistance Plan.
The Comprehensive Homeless Assistance Plan (CHAP)
is made up of four major components including:
I. An identification of the City of
Lubbock's need for assistance for its
homeless population.
2. An inventory of facilities and services
currently assisting the homeless in
Lubbock.
3. A matching of the needs to the existing
programs.
4. An identification of how the various
HUD programs can complement and enhance
available services in meeting the needs
of Lubbock's homeless.
In addition to the Emergency Shelter Grant, funds
will also become available to assist the homeless
through the Transitional Housing Program, the
Permanent Housing for the Handicapped Program,
the Supplemental Assistance Program and the
Section 8 Single Room Occupancy Moderate
Rehabilitation Program.
The Community Development staff enlisted the
assistance of several other City departments as
well as from representatives from other
governmental and non-profit social service
agencies who work with the City's homeless
population to identify homeless population, in
Lubbock.
These include families with children,
deinstitutionalized persons, children, mentally
handicapped persons, and the elderly.
The Community Development staff then compiled the
available information and developed the CHAP
which will be submitted along with the Emergency
Shelter Grant Application for HUD approval. Staff
recommended approval to submit the grant
application.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Patterson to authorize Resolution
#3037 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
February 9, 1989
Page 119
89-48A-119-95
(17.)
ORDINANCE #9259
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN
PORTIONS OF AVENUE Q, AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN
THE BDDY 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; PRDVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING
A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
This ordinance has been requested by the State
Department of Highways and Public Transportation.
They conducted speed studies in the area during
August, 1988, and the results showed that these
speed limits are appropriate: 35 MPH --Ave. Q
between 22nd Street and 23rd Street; 45 MPH --Ave.
Q between 23rd Street and 50th Street. Staff
recommended approval.
Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo to pass on first reading
Ordinance #9259 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
8948A-119-96
�18.) Consider Ordinance #9250 establishing a 55 MPH
speed limit ❑n Frankford Avenue between 82nd
Street and the south City Limits.
ORDINANCE #9250
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN
PORTIONS OF FRANKFORD AVENUE, AS HEREINAFTER MORE PARTICULARLY
DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT DF SIGNS
WITH RESPECT THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT
OF MUCH CONFLICT; APPLICATION OF THIS DRDINANCE ONLY TO STREETS OR
HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
This portion of Frankford has no official speed
limit; and since it is now paved and traffic
volumes are increasing, it is desirable to
establish a speed limit. A speed study was
conducted by the Traffic Engineering Department
in January 1989, and the results showed that a 55
MPH speed limit is appropriate. Staff
recommended approval.
Motion was made by Councilwoman Trejo, seconded
by Councilman Phillips to pass on first reading
Ordinance #9250 as recommended by Staff. Motion
carried: 7 Yeas; 0 Hays.
February 9, 1989
Page 120
89-48A-120-97
(19.)
89-48A-I20-98
(20.)
Consider Ordinance revising the construction
re uirements for driveways.
Mayor McMinn announced that by consensus of
Council this item will be held for consideration
at a future City Council Meeting. This was
requested by some of the commercial developers.
Consider Resolution #3038 for grant apglication
to Texas Parks and Wildlife.
RESOLUTION #3038
RESOLUTION
WHEREAS, the United States Congress has passed the Land and
Water Conservation Fund Act of 1965 (Public Law 88-578), authorizing
the Secretary of the Interior to provide financial assistance to
states, and political subdivisions thereof, for outdoor recreation
purposes; and
WHEREAS, the Texas Legislature has approved the Parks and
Wildlife Code, Section 13.309, for the purpose of allowing the State
of Texas, and its political subdivisions, to participate in the
federal program established under said Public Law 88-578, or such
other programs as are hereinafter established by the Federal
Government; and
WHEREAS, the Texas Legislature has approved the Parks and
Wildlife Code, Section 24.005, for the purpose of allowing the
political subdivisions of the State of Texas to participate in the
Texas Local Parks, Recreation and Open Space Fund; and
WHEREAS, the City of Lubbock, Texas, is fully eligible to
receive assistance under these programs; and
WHEREAS, the City Council of the City of Lubbock desires to
authorize and appoint individuals to represent and act for the City
in dealing with the Texas Parks and Wildlife Department concerning
these programs; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the City of Lubbock hereby certifies that it
is a municipality eligible to receive assistance under the above
named programs established by the Federal Government.
SECTION 2. THAT the Director of Parks and Recreation is hereby
authorized, directed and designated as the City of Lubbock's
representative to represent and act for the City in dealing with the
Texas Parks and Wildlife Department for the purpose of these
programs.
SECTION 3. THAT the Assistant City Manager for Financial
Services is hereby designated as the official authorized to serve as
the City of Lubbock's fiscal officer to receive grant funds for the
purposes of these programs.
SECTION 4. THAT the Director ❑f Parks and Recreation and the
Assistant City Manager for Financial Services are hereby specifically
authorized and directed to make application to the Texas Parks and
Wildlife Department concerning the site to be known as Kingsgate Park
in the City of Lubbock for use as a park site.
February 9, 1989
Page 121
SECTION 5. THAT the site known as Kingsgate Park is hereby
dedicated (or will be dedicated upon completion of the proposed
acquisition) for public outdoor recreation purposes in perpetuity.
Passed by the City Council this 9th day of February, 1989.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Lee Osborn
Lee Osborn, Director of Parks and
Recreation
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Is/_Harold Willard
Harold Willard, Assistant
City Attorney
The Parks and Recreation Department brought
before the City Council a resolution on
December 8, 1988, authorizing the Mayor to sign a
grant application to Texas Parks and Wildlife for
the development of King's Gate Park.
On January 26, 1989, Staff received a letter from
Texas Parks and Wildlife requesting that the
resolution include specific wording and format,
and asking that the City Council pass a new
resolution that would meet this format.
The resolution specifically states that the City
of Lubbock is eligible to receive assistance,
that the Parks and Recreation Director is
authorized to act as the City's representative
for the purpose of the grant, that the Assistant
City Manager for Financial Services is authorized
to serve as the fiscal officer to receive funds
under the grant, and that King's Gate Park will
be forever dedicated for public outdoor
recreation purposes. This is a standard Grant
requirement and it is recommended that the
resolution be signed.
Motion was made by Councilman Maloy, seconded by
Councilman Patterson to authorize Resolution
43038 for grant application to Texas Parks and
Wildlife. Motion carried: 7 Yeas; 0 Nays.
89-4[8A-121-99
(21.) BI.D 410027_--Tractors and trailers (Garage).
Lufkin Trailers--1 ea. Tandem axle 40 ft. float.
Glover Equipment--1 ea. Trencher/Backhoe with
trailer; 1 ea. Trencher with trailer.
Western Implement--3 ea. 72 PTO HP Tractor; 1 ea.
Articulated Loader/Backhoe.
February 9, 1989
Page 122
89-48A-122-100
(22.)
89-48A-122-101
(23..)
89-48A-122-102
Case Power Equipment Co. --I ea. 40 PTO HP
Tractor; I ea. Tractor 27 HP; 2 ea. Three axle
drive on trailer.
Motion was made by Councilman Phillips, seconded
by Councilman Patterson, to authorize low bids
meeting specifications. Motion carried: 7 Yeas;
0 Nays.
BID #10039--Police motorcycles and parking
control vehicles (Garage).
Graves Harley Davidson Sales--3 Solo Police
motorcycles.
Associated Supply Co., Inc.--1 Police parking
control vehicle.
Motion was made by Councilman Phillips, seconded
by Councilman Patterson, to authorize low bids
meeting specifications. Motion carried: 7 Yeas;
0 Hays.
BID #10056--Annual gricing for foundation piers
lE1_ectric Distribution).
Resolution #3038-A (and contract in files).
H & H Foundation Drilling Co., Inc.
Precision Drilling Construction Co., Inc.
Motion was made by Councilman Phillips, seconded
by Councilman Patterson, to authorize bids based
on hourly rates, crew and equipment availability.
Motion carried: 7 Yeas; 0 Nays.
(24.) BID #10038--Steel transmission poles for Texas
Tech Cogeneration Project (Electric
Distribution).
Awarded to FL Meyers Industries, Inc.
RESOLUTION #3038-8
BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of
Lubbock a Contract by and between the City of Lubbock and FL Meyers
Industries, Inc. for steel transmission poles for Texas Tech
Cogeneration Project, attached herewith, which shall be spread upon
the minutes of the Council and as spread upon the minutes of this
Council shall constitute and be a part of this Resolution as if fully
copied herein in detail.
February 9, 1989
Page 123
Passed by the City Council this 9th day of February, 1989.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
ZsL Gene Eads
Gene Eads, Purchasing Manager
STATE OF' TEXAS
COU14TY OF LUBBOCK
/s1 B. C. McMinn
B.C. McMINN, MAYOR
APPROVED AS TO FORM:
Is/ Harold Willard
Harold Willard, Assistant City
Attorney
CONTRACT
THIS AGREEMENT, made and entered into this 9th day of February,
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 FL Meyers Industries,
Inc. of the City of Red Wing , County of Goodhue , and the
State of Minnesota hereinafter termed CONTRACTOR.
WIT14ESSETH: 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. 10038 - STEEL TRANSMISSION -POLES FOR TEXAS TECH COGENERATION
PROJECT IN THE AMOUNT OF $314,858.00
and all extra work in connection therewith, under the terms as stated
in the contract documents and at his (or their) own proper cost and
expense to furnish all materials, supplies, machinery, equipment,
tools, superintendence, labor, insurance and other accessories and
services necessary to complete the said construction in accordance
with the contract documents as defined in the General Condition of
Agreement.
The CONTRACTOR hereby agrees to commence work within ten days
after the date written notice to do so shall have been given to him
and to substantially complete same within the time specified in the
contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment on account thereof as provided
therein.
February 9, 1989
Page 124
IN WITNESS WHEREOF,
this agreement in Lubbock,
first above written.
ATTEST:
Is/ Ranette Boyd
Secretary
APPROVED AS TO CONTENT:
-CsL Wayne Hicks
the parties to these presents have executed
Lubbock County, Texas in the year and day
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ B. C. McMinn
Mayor
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
ATTEST: FL Meyers Industries, Inc.
CONTRACTOR
/s/ Donald G. Vandiver
By: /s/ Robert Y. Schultz
TITLE:V President -- ar eting
COMPLETE ADDRESS: P. 0. Box 714, Red Wing, MN 55066
89-48A-124-103
(25..)
Motion was made by Councilman Phillips, seconded
by Councilman Patterson to authorize Resolution
#3038$'. Motion carried: 7 Yeas; 0 Hays.
Pharr & Co. --Construction of Fire Station #3 Base
Bid, Alternate 1 & 2.
RESOLUTION #3039
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 Pharr &
Company for construction of Fire Station #3, at 25th and Milwaukee,
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 9th day of February, 1989.
ATTEST:
/s/ Ranette Boyd
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
February 9, 1989
Page 125
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 9th day of February,
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 Pharr and 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
OWN€R 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. 10030 - CONSTRUCTION OF FIRE STATION #3 FOR THE AMOUNT OF
$348,707.00
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: CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Ranette Boyd /s/ B. C. McMinn
Secretary Mayor
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Don Stevens Z_Donald G. Vandiver
ATTEST: Pharr and Co.
CONTRACTOR
ZsL Jackie Miller
By: Jimmy R. Pharr
TITLE: President
COMPLETE ADDRESS: Box 2791, Lubbock, TX 79408
Motion was made by Councilman Phillips, seconded
by Councilman Patterson to authorize Resolution
#3039. Motion carried: 7 Yeas; 0 Nays.
February 9, 1989
Page 126
89-48A-125-104
(26.) BID #10037--L.I.A. Ambassador Room remodeling,
and authorize same (Airport).
Awarded to High Plains Construction.
RESOLUTION #3040
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 High Plains
Construction for L.I.A. Ambassador Room Remodel, 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 9th day of February, 1989.
ATTEST:
ZsL Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
ZsL Gene Eads
Gene Eads, Purchasing Manager
STATE OF TEXAS
COUNTY OF LUBBOCK
Is/ 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 9th day of February,
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 High Plains
Construction of the City of Lubbock, County of Lubbock, and the State
of Texas, hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the
OWNER and under the conditions expressed in the bond bearing even
date herewith (if any) the CONTRACTOR hereby agrees with OWNER to
commence and complete the construction of certain improvements
described as follows:
BID NO. 10037 - L.I.A. AMBASSADOR ROOM REMODEL IN THE AMOUNT OF
$16,920.00
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.
February 9, 1989
Page 127
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:
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Ranette Boyd /s/ B. C. McMinn
Secretary Mayor
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
/s/ Elma Martinez ZsZ Teresa Wright
ATTEST: High Plains Construction
CONTRACTOR
By: Brad Reed
TITLE: Owner
COMPLETE ADDRESS: 2417 Stanford, Lubbock, TX 79415
Motion was made by Councilman Phillips, seconded
by Councilman Patterson to authorize Resolution
#3040. Motion carried: 7 Yeas; 0 Hays.
89-48A-127-105
(27.) BID #10035--Traffic signal installation at Inler
Avenue and 19th Street, and authorize same
(Traffic_ Engineering).
RESOLUTION #3041
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 Florida
Traffic Control Devices for Traffic Signal Installation at Inler
Avenue and 19th Street, 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.
February 9, 1989
Page 128
Passed by the City Council this 9th day of February, 1989.
ATTEST:
I sJ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
LsZ Gone Eads
Gene Eads, Purchasing Manager
STATE OF TEXAS
COUNTY OF LUBBOCK
Isl B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
IsJ Harold Willard
Harold Willard, Assistant City
Attorney
CONTRACT
THIS AGREEMENT, made and entered into this 9th day of February,
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 Florida Traffic
Control Devices, Inc. of the City of Altamonte Springs, County of
Seminole, and the State of Florida, 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. 10036 - TRAFFIC SIGNAL INSTALLATION AT INLER AVENUE AND 19TH
STREET FOR THE AMOUNT OF $48,745.00
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.
February 9, 1989
Page 129
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:
js/ Ranette Boyd
Secretary
APPROVED AS TO CONTENT:
.It David E. Woosley
ATTEST:
.It Mar,; F . McMullen
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ B. C. McMinn
Mayor
APPROVED AS TO FORM:
Is/ Donald G. Vandivar
Florida Traffic Control Devices
of Altamonte Springs
CONTRACTOR
By: IsZ Gregory S. Cookman
TITLE: President
COMPLETE ADDRESS: P.O. Box 418, Altamonte Springs, FL 32715
Florida Traffic Control Devices, Inc.
Motion was made by Councilman Phillips, seconded
by Councilman Patterson to authorize Resolution
#3041. Motion carried: 7 Yeas; 0 Nays.
89-48A-129-106
(20a.) Hold an Executive Session to discuss pending.
litigation --Water Utilities.
(28.) Hold an executive session on personnel matters to
discuss appointments to:
89-48A-129-107
(29.)
89.-48A-129-108
(30.)
Board of Health
Zoning Board of Adjustment
Committee for Women
Motion was made by Councilman Phillips, seconded
by Councilman Patterson to appoint Jose Ramirez
and Jim Northcutt to replace Patsy Lokey and
Michael Martinez to the Board of Health. Motion
carried: 7 Yeas; 0 Nays.
26, 1989.
Motion was made by Councilman Patterson, seconded
by Councilman Phillips to reappoint Ms. Allison,
Mr. Lisman, and Mr. Mertes to the Zoning Board of
Adjustment. Motion carried: 7 Yeas; 0 Nays.
February 9, 1989
Page 130
89-48A-130-109
(31.) Consider one appointment to the Committee for
Women to fill the unexpired jerm.of.Mary Pettit
who is unable to serve. This term expires on
June 14, 1990.
Motion was made by Councilman Phillips, seconded
by Councilwoman Trej❑ to appoint Marlene
Hernandez to fill unexpired term of Mary Pettit
to the Committee for Women. Motion carried: 7
Yeas; 0 Nays.
There being no further business to come before the Council, motion
was made by Councilman Patterson, seconded by Councilwoman Trejo to
adjourn the meeting at 11:53 a.m,. Motion carried: 7 Yeas; 0 Nays.
e
'B. C. McMINN, MAYOR
ATTEST:
i
Rane to Boyd, City Secr to .y
READ AND APPROVED THIS 23RD DAY OF FEBRUARY, 1989.
B. C. McMINN, MAYOR
R- 44
THE STATE OF TEXAS
COUNTY OF LUBBOCK
sOCONa
READING ORDINANCES
Before me Frances Hernandez a Notary Public in and For
Lubbock Countv, Ti
ORDINANCENO, 920
AN ORDINANCE ALTERING
personally appeared T.J. A it f f I I,, A r r e F• r.. }
of the Southv
THE PRIMA FACIE SPEED Lim -
ITS ON CERTAIN PORTIONS OF
pens Corporation, publishers of the Lubbock Avaianche-Journai —
Morning. Evening ar
INDIANA AVENUE, A5 HEREIN-
being by me duly sworn did depose and say that said newspaper has
•
been published continl
AFTER MORE PARTICULARLY
DESCRIBED IN THE 69DY OF I
THIS ORDINANCE; DIRECTING F
than Fifty-two weeks prior to the first insertion of this j_z'f•; R "r y'
PLACEMENT OF SIGNS WITH F
RESPECT THERETO: REPEAL- .
No. t'2721,1-_ _ at Lubbock
Countv, Texas and the
ING CONFLICTING ORDI-
NANCES TO THE EXTENT OF
ed copy of the is a true copy of the original
and was printed
SUCHCONFLI ON
ONLY
TO
OF THIS ❑RDINAHC7r ONLY TO
ORDINANCE
Avalanche -Journal on the following dates: ` r "ry " s
1.E 19ti -
STREET$ OR HIGHWAYS,
PROVIDING '
Words (a92' *250. 7 *
272 GG
NAMED HEREIN:
THIS ORDINANCE SHALL BE i
CUMULATIVE, PROVIDING A'
%
PENALTY; PROVIDING A SAV-
INGSCLAUSE:AN0 PROVIDING
FOR PUBLICATION.
-h-�,r�_
ORDINANCE NO, 9256
ALTERING
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I" r•`^-,•
AN ORDINANCE
THE PRIMA FACIE SPEED LIM-
_ _ _ _ _ _
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ITS ON CERTAIN PORTIONS OF
INAF-
Accr Account Mana5g 1'
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17H STREET, AS HERE
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LUBBOCK AVALANCHE -JOURNAL HE ,l[iL11�NAI
f- c `v�
DESCRIBED IN THE BODY OF
7H150RDINAHCE; aIREC7ING
OF SIGNS WITH
Southwestern Newspapers Corporation
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PLACEMENT
RESPECT THERETO: REPEAL-
1�
ING CONFLICTING ORDI-
NANCES 7a THE EXTENT flF
SUCH COtJFLICT: APPLICATION
OF THE ORDINANCE ONLY TO
Subscribed and sworn to before me this ? t day of ^EP U r nri
•
19d Ci_
STREETS OR HIGHWAYS
NAMED HEREIN; PROVIDING
THIS ORDINANCE SHALL BE
CUMULATIVE; PROVIDING A
PENALTY: PROVIDING A SAV-
ING5CLAUSE; PROVIDING FOR
PUBLICATION: AND REPEAL-
ING ORDINANCE NO.9242. .
FORM 58.10