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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 "-`�J y,- �1 I" r•`^-,• AN ORDINANCE THE PRIMA FACIE SPEED LIM- _ _ _ _ _ _ ^:. • ��_,' �• ITS ON CERTAIN PORTIONS OF INAF- Accr Account Mana5g 1' I 17H STREET, AS HERE TER MORE PARTICU,LRRLY LUBBOCK AVALANCHE -JOURNAL HE ,l[iL11�NAI f- c `v� DESCRIBED IN THE BODY OF 7H150RDINAHCE; aIREC7ING OF SIGNS WITH Southwestern Newspapers Corporation � 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