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HomeMy WebLinkAboutMinutes - City Council - Regular - 5/11/1989291 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING MAY 11, 1989 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 11th day of May, 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 Robert Massengale, Assistant City Manager for Financial Services. ( 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 April 27, 1989 Regular City Council Meeting and the May 1, 1989 Special Called City Council Meeting as written. Motion carried: 1 Yeas; 0 Nays. ( 4.) Board Appointments ( 5.) Proclamation Presentation - "Lubbock Teachers Appreciation Week" - May 7-13, 1989. 89-48A-291-244 [ 6.) Presentation to Rickey Norris, Parks and Recreation employee, for his unselfish service. 89-48A-291-245 ( 7.) ORDINANCE #9274--Zane Case #2629 located 3105 Slaton Highway) --Request of Jimmy Kin for Lubbock Wrecker Service) for zoning change from M-2 to M-2 Specific Use (for a wrecking yard) on a tract out of Section 3 Black S. ORDINANCE #9274 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2629; A ZONING CHANGE FROM M-2 TO M-2 SPECIFIC USE PERMIT FOR A WRECKING YARD ON A TRACT OUT OF SECTION 3, BLOCK S, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. May 11, 1989 Page 292 At first reading on Zone Case #2629, Council suggested that Staff contact Mr. King to see if he would voluntarily install landscaping along the Slaton Highway in front of his facility. Staff advised that Mr. King declined to voluntarily commit to the installation of any landscaping. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Phillips, to pass on second and final reading Ordinance #9274. Motion carried: 7 Yeas; 0 Nays. 89-48A-292•-24b ( 8.) ORDINANCE #9275--Establishing speed limits in school zones. ORDINANCE #9275 AN ORDINANCE AMENDING SECTIONS 1 AND 2 OF ORDINANCE 9141 OF THE CITY OF LU13BOCK SO AS TO REVISE THE PRIMA FACIE SPEED LIMITS IN SHCOOL ZONES, AS RELATED TO THE TYPE OF STREET INVOLVED, AND PROVIDING FOR PUBLICATION AND EFFECTIVE DATE HEREOF. Motion was made by Councilman Patterson, seconded by Councilman Carpenter, to pass on second and final reading Ordinance #9275. Motion carried: 7 Yeas; 0 Nays. 89-48A-292-247 9.) ORDINANCE #9276--Amending Section 2-164 of th Code of Ordinances with regard to the members of the Permit and License Appeal Board. ORDINANCE #9276 AN ORDINANCE AMENDING SECTION 2-164 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE MEMBERSHIP OF THE PERMIT AND LICENSE APPEAL BOARD OF THE CITY OF LUBBOCK; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 89-48A-292-248 (13.) Motion was made by Councilman Patterson, seconded by Councilman Carpenter, to pass on second and final reading Ordinance #9276. Motion carried: 7 Yeas; 0 Nays. to sider Resolution #3087 authorizing the Mayor sociates, Inc., to perform engineering s r street improvements on Detroit Avenue. RESOLUTION #3087 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 said City an agreement to be entered into by and between said City (as Owner) and Hugo Reed and Associates, Inc. of Lubbock, Texas (as Engineer) for engineering services to be performed by Engineer for Owner for the May 11, 1989 Page 293 reconstruction and widening of Detroit Avenue from 4th Street north to the Clovis Highway in said City, 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 11th day of May, 1989. ATTEST: Is1 Ranette-Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Isl Larry D. Hertel Larry D. Hlertel, City Engineer AGREEMENT FILED WITS{ RESOLUTION #3087 Is1 B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: ♦st J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney The widening of Detroit Avenue from Clovis Road to 4th Street was included in the 1987 bond issue and the 1988 bond sale. This is the second of two capital projects for which engineering services from a consulting firm are requested. City Council approved an Agreement for Parkhill, Smith & Cooper, Inc., to perform engineering services on 34th Street from Loop 289 to Milwaukee at the April 27, 1989 Council meeting. As was described in the comments for the previous meeting, the project workload and proposed project schedules have required that an alternative to in-house engineering services be investigated. Staff recommends that the firm of Hugo Reed and Associates (HRA) be authorized to perform the engineering services for Detroit Avenue. HRA has performed all previous surveying tasks for right- of-way parcels on Detroit Avenue and the firm is familiar with the City's specifications and policies. HRA's Agreement proposes compensation for engineering services on a salary cost times a multiplier, plus direct non -salary expenses not to exceed $43,489.88, which represents 8.48% of the estimated construction cost. This compares with 8.5% as shown in "Curves of Median Compensation" for basic services as published by the Consulting Engineers Council of Texas and the Texas Society of Professional Engineers in "General Engineering Services." Additional services requested and included in the Agreement include surveying and utility relocation coordination to be performed at an amount not to exceed $28,999.19. The total compensation to HRA will not exceed: (1) Basic Services $43,489.88; and (2) Additional Services_$28,999.19 = $72,489.07 May 11, 1989 Page 294 HRA's proposed schedule indicates 150 calendar days for design. Allowing several months for utility relocation, this project is expected to be bid in January or February of 1990 unless excessive delays are encountered in acquiring remaining right-of-way parcels. Existing funding for this project is estimated to be adequate to cover the expenses for these proposed engineering services unless the cost of right-of-way exceeds the amount estimated. Staff recommended approval. Motion was made by Councilman Carpenter, seconded by Councilwoman Trejo, to authorize Resolution #3087 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48A-294-249 (14.) Consider Resolution #3088 authorizing the Mayor to execute Amendment No. 5 to TWDB Contract No. 8-483-504 South Lubbock Drainage Study). RESOLUTION #3088 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 Amendment No. 5 to a Contract entered into by and between the City of Lubbock and the Texas Water Development Board being numbered TWDB Contract No. 8-483-504, 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 11th day of May, 1989. ATTEST: Isl Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Isl Larry Hertel Larry Hertel, City Engineer /sl B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: s Harold Willard Harold Willard, Assistant City Attorney TWDB CONTRACT NO. 8-483-504 STATE OF TEXAS TEXAS WATER DEVELOPMENT BOARD and COUNTY OF TRAVIS CITY OF LUBBOCK, TEXAS Amendment No. 5 This Contract and Agreement, made and entered on May 28, 1987, is hereby amended as follows: (1.) The task budget shall be revised as shown on Attachment 1 of this amendment. (2.) The date of submission of the final report by the City and termination of TWDB Contract No. 8-483-504 shall be changed from December 16, 1988, to March 31, 1989. May 11, 1989 Page 295 All other terms and conditions of TWOB Contract No. 8-483-504 remain in effect. IN WITNESS WHEREOF the parties hereto cause this Contract and Agreement to be duly executed in triplicate this 11th day of May, 1989. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Larry Hertel Larry Hertel, City Engineer TEXAS WATER DEVELOPMENT BOARD /s M. Reginald Arnold II M. Reginald Arnold II, Executive Administrator Date: 4/19/89 THE CITY OF LUBBOCK /s B. C. McMinn 8. C. McMINN, MAYOr Date: 5/11/89 APPROVED AS TO FORM: s J. Worth Fullin im J. Worth Fullingim, Assistant City Attorney ATTACHMENT 1 - SECOND AMENDMENT BUDGET FILED WITH RESOLUTION #3088 This Amendment to the Contract between the City and the Texas Water Development Board consists of two items: 1. Revision of individual task budget amounts. The consultant, Albert H. Halff Associates, requested that the dollar amounts specified for certain tasks listed in the Contract be rearranged to reflect the actual effort expended. These revised dollar amounts to $111,200 for the Contract. The Texas Water Development Board requires an Amendment t❑ the Contract between the City and TWDB to reflect these changes in task budget amounts. 2. Extension of time. Although the consultants were substantially finished with the South Lubbock Drainage Study in December, 1988, and made their presentation to City Council in February, 1989, the date of the last invoice for payment from the consultant was March 29, 1989. TWDB is requiring a change in the completion date to March 31, 1989, to extend the Contract beyond the last invoice date. Staff recommended approval. May 11, 1989 Page 296 89-48A-296-250 (15.) Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker, to authorize Resolution #3088 as recommended by Staff. Motion carried: 7 Yeas; O Nays. sider Resolution #3089 a execute Change Order No. RESOLUTION #3089 nape S eCt No. BE IT RESOLVED 8Y THE CITY COUNCIL OF THE CITY OF LUBBOCK: r THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Change Order No. 4 granting an extension of time and adjusting budget amounts for Tasks 2 through 7, Phase II of Project 9278 (South Lubbock Drainage Study) thus amending the existing Contract between said City of Lubbock and Albert H. Halff Associates, 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 11th day of May, 1989. ATTEST: sl Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Isl Larry Hertel Larry Hertel, City Engineer Isl B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Is/ Harold Willard Harold Willard, Assistant City Attorney CHANGE ORDER NO. 4 TO PROJECT NO. 9278 SOUTH LUBBOCK DRAINAGE STUDY TO: Albert H. Halff Associates 4000 Fossil Creek Boulevard Fort Worth, Texas Gentlemen: WHEREAS, it is desirable to make changes in the Contract for this Project, being namely the following: Extension of the time allowed to complete Phase II of the Project and adjust budget amounts for Tasks 2 through 7, Phase II of the Project. WHEREAS, the Contractor herein agrees to the following changes: I. Submit final report - change from December 16, 1988 to March 31, 1989. May 11, 1989 Page 297 2. Adjust budget amounts for Tasks 2 through 7, Phase II to reflect actual effort expended as follows: Phase II 1. Model Playa Lake System 2. Develop Alternate Plans 3. Evaluate Alternatives 4. Evaluate Controls and Automation 5. Prepare Cost Estimates 6. Determine Phasing of Alternatives $21,886.00 $21,886.00 $ 7,708.00 $ 7,705.93 $10,056.00 $ 9,703.31 $ 2,509.00 $ 1,669.65 $ 7,931.00 $ 6,164.93 $ 4,077.00 $ 4,070.73 7. Prepare Draft and Final Reports $18,341.00 $21,307.45 The Contract amount of $111,200.00 will not change with this Change Order. THIS AGREEMENT WITNESSETH: The Owner and the Contractor agree to the change shown herein. The Contractor agrees to proceed with study and to adhere to applicable specifications under the direction of the Engineer. Furthermore, the parties agree that the original Contract between the Owner and the Contractor shall be modified to the extent herein indicated. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this lath day of May, 1989. ALBERT H. HALFF ASSOCIATES (ENGINEER) BY:/sd( Terry Lynn Fawell Title: Vice President Albert H. Halff Associates CITY OF LUBBOCK (OWNER) 8Y:/si( B. C. McMinn B. C. McMINN, MAYOR ATTEST: Is1 Ranette Boyd Ranette Boyd, City Secretary APPROVE[ AS TO CONTENT: s Larry Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: Isl Harold Willard Harold Willard, Assistant City Attorney May 11, 1989 Page 298 89-48A-298-251 (17.) This Change Order to the Contract between the City and Albert H. Halff Associates will revise the Contract to coincide with the Contract between the City and the Texas Water Development Board discussed in the previous agenda item. Staff recommended approval. Motion was made by Mayor Pro Tem Baker, seconded by Councilwoman Trejo, to authorize Resolution #3089 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Consider Ordinance #9 portion of a public r 3, Four Acres Additio ORDINANCE #9277 bandonina and clo o the uitY o 0 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A PUBLIC RIGHT -•OF -WAY ADJACENT TO LOT 3, FOUR ACRES 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 ABANDONING AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The proponent is Dr. James Burkholder and the reason for closure is for added yard area. The closure is located on the north portion of a cul-de-sac on 20th Street, just west of Toledo Avenue with the actual closure located at the southwest corner of Lot 3, Four Acres Addition (4612 20th Street). The area being closed is 3,008.7 square feet. The Appraisal District has Lot 3 valued at 69.26 cents ($00.6926) per square foot. When Four Acres Addition was platted (addition contains only 4 lots), a portion of the southwest corner of Lot 3 was dedicated for a street area to curve to the north to meet another portion of 20th Street already dedicated by the Dunn Estate. Since then, plans for development in the area to the north and west were dropped and there is no need for this street area. The street area has never been paved or graded. Ray Diekemper has given permission for closure since his family maintains the Dunn Estate property. The Burkholders advise that the property is worth 50� per square foot, since the City will no longer have to maintain it. The City will receive $1,504.35 for the street portion being closed if the 50� value is accepted. The $150 application fee has been paid and all utilities are in agreement. Staff recommended approval of the 504 per square foot counter offer. Motion was made by Councilman Malay, seconded by Councilman Patterson, to authorize Ordinance #9277 as recommended by Staff and accepting the 50� counter offer. Motion carried: 7 Yeas; 0 Nays. May 11, 1989 Page 299 89-48A-299-252 (18.) 89-48A-299-253 (19.) 89-48A-299-254 (20.) and condition of sale of arcel Number 934 This is a routine sale of property by the Urban Renewal Agency to Achievement Homes, Inc. for $750 and the property, properly zoned, is to be redeveloped as a single-family residence. This parcel is ❑ne ❑f the 12 pilot sites approved by the Urban Renewal Board of Commissioners on January 10, 1989 for the Affordable Housing Project. n Motion was made by Councilman Patterson, seconded by Councilman Carpenter, to accept price and condition of sale of Parcel #93440-6-9. Motion carried: 7 Yeas; 0 Nays. a f i xea fuse n authorizing the rport. to si Mayor McMinn announced that this item had been deleted from the Agenda. sign a kenewaf o RESOLUTION #3090 rizina the Mavor ❑nal Airport. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Lease for Real Property with the U.S. Customs Service for space in the Executive Terminal Building at Lubbock International Airport, 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 11th day of May, 1989. /s/ B. C. McMinn B.C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: /s/ Marvin Coffee /s/ Harold Willard Marvin Coffee, Director of Aviation Harold Willard, Assistant City Attorney LEASE AGREEMENT ON FILE WITH RESOLUTION #3090 May 11, 1989 Page 300 The U.S. Customs Service has leased 648 square feet of space in the Executive Terminal on the Airport's east side since July 1980. The Renewal Lease is for 1 year beginning October 1, 1988 through September 30, 1989 with option to renew for 4 one-year renewals with a requirement that the space be leased at $1.00 per year, with no other cost to the U.S. Government. The cost of the utilities is paid by the airlines at the Airport. Staff recommended approval. Motion was made by Councilwoman Trejo, seconded by Councilman Patterson, to authorize Resolution #3090 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. (10.) Hold a Public Hearing to consider eum for an Oil and Gas UrIllin Permit for a tract located approxlmareiy 1.w?ju feet east of North Quirt, and 1,980 feet north of East Erskine in Section 5 Block A. Designation of well is Texland-Lif-Lubheirs V . Dub Bratcher, Attorney representing Texland Petroleum, appeared to present the request for an Oil & Gas Drilling Permit. Mr. Bratcher stated that some minor housekeeping changes to the filed Application were needed as follows: 1. Pump unit height should be 18'. 2. Address added for Bill Harmon. 3. Truck route to the site clarified. 4. Depth of Surface Casing changed to 400' 5. Addition of a more detailed plat map. 6. Grinnel Tire Service Co. added as a surface owner. No one appeared in opposition. Public Hearing closed at 10:24 A.M. 89-48A-300-255 {lI.} Consider approval of an Oil and Gas Drilling Permit for Lif-Lubheirs #7. Assistant City Manager Jim Bertram stated that the application is substantially in order. The production unit is being force pooled under requirements governed by the Railroad Commission, contains 40 acres, and has a maximum diagonal of less than 3,000'. Texland proposes earthen sludge pits and no landscaping at the well and storage site. The blow-out protector has a minimum rating of 3,000 psi. Disposal of waste materials is proposed at a Railroad Commission approved dump outside Lubbock County. Access to the drill and storage site is proposed from Loop 289 to Municipal Drive, then on private property. May 11, 1989 Page 301 Staff memo indicated the following: SHORT TERM IMPACTS: Minimal impact is expected for the short term since the area is uninhabited and current use is agricultural. The well and storage site are remote from any existing residential development. POTENTIAL LONG TERM IMPACTS: The land area surrounding and including this lease is designated single-family on the 1986 Comprehensive Land Use Plan. Since little additional development is projected in the immediate area, few long term negative impacts are anticipated. RECOMMENDED PERMIT CONDITIONS: 1. No hydrocarbon lubricant (waste oil) shall be used to free -up the hole during drilling until after the first series of surface casing has been set to 350' or greater. 2. The permittee shall require that a first series of casing be set when drilling reaches a depth of 350' to 400'. The permittee shall notify the Lubbock office of the Texas Railroad Commission for the intended dates for casing the well. 3. The first and, if used, the second series of casing shall be in substantial compliance with applicable portions of Rule 13 ❑f the Texas Railroad Commission. 4. The permittee shall meet all other conditions of Section 14, Article VI of the Lubbock Code and those specifications indicated within the application of Texas for Lif-Lubheirs #7. Motion was made by Mayor Pr❑ Tem Baker, seconded by Councilman Maloy, to authorize issuance ❑f the Oil & Gas Permit as requested, with changes to the application presented by Mr. Bratcher. Motion carried: 7 Yeas; 0 Nays. 89-48A-301-255 (21.) Consider Resolution #3091 authorizing the Mayor t❑ sign an Agreement with the Brazos River_ Authority for Lake Alan Henry Project._ RESOLUTION #3091 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 Water Supply Agreement with the Brazos River Authority and such other associated documents and agreements as are necessary to effectuate the purposes ❑f said Water Supply Agreement, 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. May 11, 1989 Page 302 Passed by the City Council this 11th day of May, 1989. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Sam Wahl Sam Wahl, Director of Water Utilities AGREEMENT FILED WITH RESOLUTION #3091 /s/ B. C. McMinn B.C. McMINN, MAYOR APPROVED AS TO FORM: /s Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney During the April 10, 1989 Brazos River Authority Board ❑f Directors meeting, a Contract between the City of Lubbock and the Brazos River Authority for the construction and operation of the dam and reservoir at Lake Alan Henry was approved. Adjustments to the Contract have been made and the basic provisions of the Contract are as follows: 1. Brazos River Authority will finance, construct, and operate the Dam and Reservoir for the duration of the life of the Bonds issued by the Authority. It is anticipated that the Brazos River Authority will have two separate bond sales to finance this project with the first sale in October, 1989 in an amount to be determined by the amount of refund requested by the City for costs incurred by the City prior to the issuance of bonds. (see provision #2 below). The second bond sale should occur late summer or early fall of 1990 after the Brazos River Authority has received bids for construction of the dam. The exact cost ❑f the project is unknown; however, the City anticipates spending approximately $13,300,000 prior to construction of the dam for land acquisition and archaeological and fish and wildlife mitigation. An estimated $35 million will be necessary for construction making the total project cost an estimated $48 million. 2. Brazos River Authority will refund to the City of Lubbock any City costs incurred prior to issuance of Bonds by the Authority, in an amount requested by the City. The amount of the refund is to be determined by comparing the favorability ❑f Brazos River Authority May 11, 1989 Page 303 refinancing against the present cost of bonds already sold t❑ finance previous phases of Lake Alan Henry. 3. The City will pay to Brazos River Authority capital costs payable during each fiscal year; maintenance and operation costs; management fees for each fiscal year. Capital, maintenance and operation costs will be dollar for dollar based on Brazos River Authority capital and operations & maintenance expenditures. Management fees will total 5% of the maintenance and operations costs plus one-half of one percent ❑f the principal and interest payments of the bond payments. during the meeting scheduled for May 17 between the City and Brazos River Authority one of the topics of discussion will be the payment schedule options. 4. Brazos River Authority may assign a portion ❑f the safe yield of the Reservoir to other cities with the prior approval of the City of Lubbock. Previously, the City received copies of resolutions or letters from 15 different communities in the immediate area expressing a willingness to participate with the City in acquisition of water from Lake Alan Henry; however, it is presently unknown which of them are still interested. Major factors affecting each city's decision to participate in this project will be water need, pipeline capacity and/or construction and water costs and in all situations, the City of Lubbock will reserve the right of prior approval. 5. The payments by the City of Lubbock shall be reduced in proportion to the quantity of water released t❑ ❑ther cities in the event that is done. 6. The City will lease to Brazos River Authority the land acquired for the Reservoir and grant an Easement to allow for Law Enforcement on the other lands owned by the City giving Brazos River Authority the necessary law enforcement authority on and around the reservoir t❑ ensure its safe operation. 7. Disputes between the City and Brazos River Authority will be resolved by arbitration. 8. The City will assign the Water Rights Permit and the Corps of Engineers 404 Permit to Brazos River Authority for the life ❑f the Contract. May 11, 1989 Page 304 9. In order to safeguard the chemical quality of the lake, the City will be allowed to request downstream water releases to eliminate any buildup of salts in the lake during times when the lake is not fully utilized as a water supply. The released amount will be considered a part of the City's allocation and will not affect the amount of allocations to other cities, should they decide to participate. In addition to these provisions, the City will have the opportunity to review the construction bids prior to the awarding of the Contract for construction. The services provided by the Brazos River Authority will be very similar to the services provided by the Canadian River Municipal Water Authority in the operation and delivery of water from Lake Meredith. Like the CRMWA, the Brazos River Authority is knowledgeable and experienced in operating water supply lakes and is currently under contract with several cities along the Brazos River chain in the State. Staff stated opinion that this Contract will allow the Lake Alan Henry project to move forward in an effective, efficient, and timely manner and recommended approval of this Resolution. Motion was made by Mayor Pro Tem Baker, seconded by Councilwoman Trejo, to authorize Resolution #3091 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48A-304-257 (22.) Consider Resolution #3092 accepting water and RESOLUTION #3092 RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOT 2, WEST CHASE ADDITION. WHEREAS, the developer of Lot 2, West Chase Addition has complied with the provision of the City of Lubbock Code, Chapter 28, Article IV, by providing the water and sewer improvements for said addition in accordance with paragraph 156 of said Chapter 28; and WHEREAS, the total utility cost to the developer is $9,886.37 with the improvements constructed by Panhandle Construction Company having) a value of $2,586.80 as determined by the unit prices estab- lished) by said Chapter 28, and $7,299.57 cash paid to the City, with Lonest:ar Feedyard, the developer, to receive a refund of $428.34 in accordance with Chapter 28 of the Code of the City of Lubbock; and WHEREAS, the construction of the said water and sewer improve- ments was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. That the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. May 11, 1989 Page 305 SECTION 2. That the refundable cost in the amount of $428.34 be made in accordance with said Chapter 28. SECTION 3. This Resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED this 11th day of May, 1989. ATTEs'f : /s/ Ranette Boyd Ranette Boyd, City secretary APPROVED AS TO CONTENT: /s/ W'ilford D. Watson Wilford D., Watson, Chief Water Utilities Engineer /s/ B. C. McMinn B.C. McMINN, MAYOR APPROVED As TO FORM: /s/ ►]. Worth Fullingim ►]. Worth Fullingim, Assistant City Attorney This is a routine acceptance of water and sewer improvements constructed in accordance with the subdivision regulations. The final cost of the improvements is $9,886.37 including value of construction costs of $2,586.80 and cash to the City of $7,299.57. The developer will receive a refund of $428.34 in accordance with Chapter 28 of the City of Lubbock Code. staff recommended accepting the improvements. Motion was made by Councilman Patterson, seconded by Councilman Carpenter, to authorize Resolution #3092 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 89-48A-305-258 (23.) Consider alex Addition All RESOLUTION #3093 RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR TRACT A, SPUR 327, AUTOPLEX ADDITION. WHEREAS, the developer of Tract A, spur 327, Autoplex Addition have complied with the provision of the City of Lubbock Code, Chapter 28, Article IV, by providing the water and sewer improvements for said addition in accordance with paragraph 156 of said Chapter 28, and WHEREAS, the total utility cost to the developer is $38,073.35 with the improvements constructed by Panhandle Construction Company having a value of $33,575.71 as determined by the unit prices established by said Chapter 28, and $4,497.64 cash paid to the City, with no refund due in accordance with Chapter 28 of the Code of the City of Lubbock; and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: May 11, 1989 Page 306 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements BE and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 11th day of May, 1989. ATTEST: /s/ Ranette Boyd Ranett:e Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Wilford D. Watson Wilford D. Watson, Chief Water Utilities Engineer 89-48A-306-259 /s B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s J. Worth Fullin im J. Worth Fullingim, Assistant City Attorney This is a routine acceptance of water and sewer improvements constructed in accordance with the subdivision regulations. The final cost of the improvements is $38,073.35 including value of construction costs of $33,575.71 and cash to the City of $4,497.64. There is no refund due to the developer. Staff recommended accepting the improvements. Motion was made by Councilman Patterson, seconded by Councilman Carpenter, to authorize Resolution #3093 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. (24.) Consider Resolution #3094 authorizing the Mayor to execute contract with Black & Veatch for wastewater engineering services. RESOLUTION #3094 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement for Engineering Services by and between the City of Lubbock and Black & Veatch Engineers -Architects for an engineering study and effluent disposal system, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of thiis Council shall constitute and be part of this Resolution as if fully copied herein in detail May 11, 1989 Page 307 Passed by the City Council this 11th day of May, 1989. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Dan A. Hawkins Dan A. Hawkins, Director of Water Utilities AGREEMENT FILED WITH RESOLUTION #3094 /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Donald G. Vandiver _ Donald G. Vandiver, First Assistant City Attorney As instructed by Council at the April 27, 1989 meeting, Staff has negotiated a Contract for engineering services with Black and Veatch Engineers. The City of Lubbock intends to obtain Fiscal Year 1990 funding through the State Revolving Loan Program of the Texas Water Development Board and therefore is required to develop a defined set of documents and information. Development of these documents requires the services of a professional engineering consultant. Black and Veatch proposed to provide coordination of efforts of all project team members for work developed in the various phases of this project, including their subcontractors Parkhill, Smith and Cooper of Lubbock, and Allen T. Plummer and Associates of Arlington, Texas. Requirements of the Texas Water Development Board include a formal Engineering Study and Report to include formal evaluation of existing treatment plant facilities, as well as an evaluation of the sludge handling practices, identification of potential operation and maintenance improvements, evaluation of cost of improvements, and recommendation of beneficial changes. Also included in the evaluation of existing facilities will be an evaluation of the Gray Farm and Hancock Farm land application sites and determining improvements to those facilities. Black and Veatch will develop effluent quality requirements for discharge alternatives to the North Fork of the Brazos River. Once the information on existing facilities and stream modeling has been accomplished, Black and Veatch will evaluate four future treatment and effluent discharge alternatives, including evaluation of sludge management alternatives, to handle the City's wastewater over the next 20 years. Also included in the Engineering Report will be preparation of preliminary design of the recommended treatment and disposal facilities and development of preliminary cost analyses as well as operation and maintenance costs for these facilities. In addition, the Texas Water Development Board requires that an Infiltration/Inflow Study be performed. The report from this Study will May 11, 1989 Page 308 contain a formal evaluation of the City's Wastewater Collection System including a determination ❑f current and projected flows contributed by each major area of the City of Lubbock. After the study, a determination can be made as to the extent of excessive rainwater infiltration or direct inflow ❑r III into the sewer. Excessive III can result in unnecessary overloading of the wastewater treatment and disposal facilities. Another requirement for SRF funding will be a development of a formal Environmental Information Document or EID which will describe the environmental setting including the physical, biological, hydrological and cultural environment. An evaluation ❑f the alternative solutions to the wastewater management problem developed during the engineering study phase will be included in this document from an environmental impact viewpoint. Impacts will include construction related impacts, unavoidable impacts and proposed action to mitigate such impacts or the reasons why they cannot be mitigated t❑ acceptable levels. Other items required by the Texas Water Development Board for funding will be a Water Conservation Plan and the development of a Priority Rating Report. The City of Lubbock, with assistance from Black and Veatch, will hold Public Meetings to request input from Lubbock's water and sewer customers and other parties affected by the existing facilities and/or proposed improvements. Once the information required by the Texas Water Development Board has been developed, a formal Public Hearing will be held in Lubbock to review the final draft reports. Following the Hearing, final corrections to the reports will be made before they are submitted for Board consideration. Contract negotiations with Black and Veatch have resulted in a maximum fee for personnel services t❑ develop all documents and reports not to exceed $604,000 without further written authorization. These services will include project management and coordination, engineering study and report, infiltration/inflow analysis, and environmental information document. In addition, engineer's and subcontractors' reimbursable expenses are estimated to be $74,000. The engineer has indicated a need to start the performance of the services within 10 days ❑f receipt of the City's Notice to Proceed and will submit all necessary documents for Texas Water Development Board review prior to their March 15, 1990 deadline. Black and Veatch has agreed to work with the City to reduce their level of effort and costs associated with this project by allowing the use of City ❑f Lubbock employees in the development of information associated with the infiltration/inflow study and the acquisition of other various field data and compilations. May 11, 1989 Page 309 Texas Water Development funding will require the City to add several components to the Study that we might not otherwise complete. Those items are as follows: 1. Public Meetings -- Historically, the City of Lubbock has designed wastewater treatment facilities and submitted these designs t❑ the Texas Water Commission staff for their review and approval. Once approved, the bonds were sold and the facilities were constructed. The Staff has determined that current opposition and public unrest over the City's treatment and disposal methods necessitate the need for public meetings to discuss alternatives and seek public input prior to design of facilities. 2. Interaction with Requlatory Aqencies Historically, the City has developed its plan for improvements and presented these to the Commission and other regulatory agencies for their approval. Public unrest has led to letters being sent directly to the Commission and other State agencies, including Congressmen and even the State Governor. The Staff has determined it necessary to involve all levels of government and the public in our efforts to develop our twenty-year plan for wastewater treatment and disposal. This will facilitate the approval of the final alternatives once selected by the City. 3. Infiltration/Inflow Study -- This study will evaluate the public Wastewater Collection System t❑ determine if excessive infiltration and/or inflow is entering the system. Lubbock's Wastewater Collection System has not been evaluated in over 20 years and should be reviewed during this period ❑r within the near future to identify excessive III and prioritize system improvements. Black and Veatch proposes to mainly utilize the services of their subcontractor, Parkhill, Smith and Cooper Engineers for the III study. City ❑f Lubbock has asked Black and Veatch to include City Staff t❑ educate City personnel in future ongoing evaluation of the system, and to reduce the level of effort, i.e., total costs included in Black and Veatch's overall scope of work. 4. Water Conservation Plan -- This plan has been an integral part of federally funded projects for some time now and is based ❑n concern for our nation depleting its natural resources. The City will need to develop such a Plan when ❑ur water reserves are diminishing either due to growth or severe drought. Currently, with the Bailey County May 11, 1989 Page 310 89-48A-310-260 (25.) groundwater supplies and our proposed Justiceburg Reservoir project, Lubbock projects adequate water reserves well into the next century. 5. Priority Rating Report -- This report is a new requirement of the Texas Water Development Board (as of its new rules promulgated February, 1989). If SRF monies are not pursued this item would not be necessary. These 5 components are estimated to affect the cost of engineering services associated with this project by as much as $175,000 and includes personnel services provided by the City of Lubbock for work associated with the Infiltration/Inflow Study. Completion of the components, if followed by a loan from the Texas Water Development Board, would enable the City to secure funding for improvements to the Wastewater System at substantially lower interest rates than would otherwise be possible. Staff recommended approval. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Maloy, to authorize Resolution #3094 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Consider Resolution #3095 authorizing the Mayor to sign_a Contract and related documents with Texas Department of Community Affairs for 1989- 1990 Weatherization Grant. RESOLUTION #3095 WHEREAS, the City of Lubbock has been offered a contract from the Texas Department of Community Affairs to administer a program to weatherize the home of low income families in Lubbock County, and WHEREAS, the City Council of the City of Lubbock Believes it to be in the best interest of the health, safety and welfare of the citizens of the County of Lubbock to make it possible for low income families to conserve energy and to reduce energy costs, NOW THEREFORE: 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 a contract and related documents with the Texas Department of Community Affairs in the anticipated amount of $69,877 for the period of April 1, 1989 through March 31, 1990. A copy of said contract is attached hereto to 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. May 11, 1989 Page 311 Passed by the City Council this 11th day of May, 1989. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Vaughn Hendrie Vaughn Henu ie, Director of Community Relations CONTRACT FILED WITH RESOLUTION #3095 89-48A-311-261 /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Donald G._Vandiver Donald G. Vandiver, Assistant City Attorney The Texas Department of Community Affairs has offered the City of Lubbock a Weatherization Grant in the estimated amount of $67,877, made available by the Department of Energy. The Contract period is from April 1, 1989 to March 31, 1990, during which time the Community Services Department will serve 44 homes. In 1988, the Weatherization Program funds, through TDCA, totaled $71,609 which allowed the Community Services Department to install weatherstripping, caulking, insulation and, in some instances, storm doors in 47 homes within Lubbock County. A family or individual must be a homeowner and meet income requirements to be eligible for the assistance and priority is given to handicapped and elderly homeowners. Staff recommended approval of this Contract. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo, to authorize Resolution #3095 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. (26.) Consider Resolution #3096 authorizing the Mayor to execute an Agreement for Financial Advisory Services with First Southwest Company. RESOLUTION #3096 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 Proposal and Agreement for Financial Advisory Services by and between the City of Lubbock and First Southwest Company, 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. May 11, 1989 Page 312 Passed by the City Council this 11th day of May, 1989. ATTEST: Isl Ranette-Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Isl Robert Massengale Robert Massengale, Assistant City Manager for Financial Services AGREEMENT FILED WITH RESOLUTION #3096 89-48.A-312-262 Isl B. C. McMinn B.C. McMINN, MAYOR APPROVED AS TO FORM: sl Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The Financial Advisory Contract with First Southwest Company expired in February, 1989. Under the old Contract, the revenue bond fee was 20% above the general obligation fee, but under the proposed Contract, the revenue bond fee will be reduced to 10% above the general obligation bond fee. First Southwest Company and Joe Smith have been the financial advisors for the City of Lubbock for many years and their performance has been rated by Staff as outstanding. Motion was made by Councilwoman Trejo, seconded by Councilman Carpenter, to authorize Resolution #3096 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. (27.) Consider Resolution #3097 authorizing the Mayor to sign an agreement with Lubbock International_ Cultural Center for construction. RESOLUTION #3097 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Lease Agreement by and between the Lubbock International Cultural Center, Inc. and the City of Lubbock, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 11th day of May, 1989. Isl B. C. McMinn B.C. McMINN, MAYOR ATTEST: /s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: Is Larry J. Cunningham Is John C. Ross Jr. Larry J. Cunningham, City Manager John C. Ross, Jr., City Attorney May 11, 1989 Page 313 LEASE AGREEMENT STATE OF TEXAS L COUNTY OF LUBBOCK L This lease agreement is hereby made and entered into this 11th day of May, 1989, by and between the LUBBOCK INTERNATIONAL CULTURAL CENTER, INN., a Texas nonprofit corporation, hereinafter called "Lessor" and the CITY OF LUBBOCK, a municipal corporation, hereinafter called "Lessee". WHEREAS, Lessor, a nonprofit corporation incorporated by the laws of the State of Texas, intends to construct a facility within the City of Lubbock to be known as the "INTERNATIONAL CULTURAL CENTER"; and WHEREAS, the "INTERNATIONAL CULTURAL CENTER" will contain a large auditorium, an international library, exhibit space and a great hall within the complex to be built all as set forth in Exhibit "A" attached hereto and made a part of this lease for all purposes; and WHEREAS, the "INTERNATIONAL CULTURAL CENTER" is to be located in the Southwest portion of Block 43 and a portion of Block 42 of Overton Addition to the City of Lubbock, all as shown on a preliminary site plan on file in City of Lubbock Zone Case No. 2619, which site plan is attached to this lease agreement as Exhibit "B" and made a part of this lease for all purposes; and WHEREAS, the "INTERNATIONAL CULTURAL CENTER" is to be located within convenient distance from the City of Lubbock "MEMORIAL CIVIC CENTER"; and WHEREAS, the facilities to be constructed within the "INTERNATIONAL CULTURAL CENTER" are of such nature design and capacity that they will augment and compliment the operation ❑f the City of Lubbock "MEMORIAL CIVIC CENTER" facilities; and WHEREAS, the Board of Directors of the "LUBBOCK INTERNATIONAL CULTURAL CENTER, INC." consider the "INTERNATIONAL CULTURAL CENTER" to be an asset that will directly aid, enhance and promote tourism and the convention and hotel industry within the City of Lubbock; and WHEREAS, the City Council of the City of Lubbock finds that the facilities contained within the "INTERNATIONAL CULTURAL CENTER" will enhance the Lessee's position to attract convention and tourism; and WHEREAS, the City Council finds it to be a public purpose and in the best interest of the Lessee to enter into this lease agreement; NOW THEREFORE, the parties d❑ hereby agree as follows: In consideration ❑f the sum of Five Hundred Thousand Dollars ($500,000.00) to be paid by Lessee t❑ Lessor as hereinafter provided and in consideration of other terms, covenants and conditions hereof, Lessor hereby demises and leases t❑ Lessee and Lessee hereby takes from Lessor the Demised premises, as hereinafter described, to have and to hold said premises for the lease term hereinafter set forth, all ❑n the terms and conditions set forth in this lease. The term of this lease shall be for a period ❑f ten (10) years which term shall commence ❑n the day that the Lessor receives from the City of Lubbock a Certificate of Occupancy for the Demised Premises and shall terminate ten (10) years from such date. However, May 11, 1989 Page 314 Lessor does hereby grant to Lessee an option to renew this lease under the same terms and conditions, for a like period of ten (10) years. Lessee shall give written notice ninety (90) days prior to the expiration of this lease if Lessee desires to exercise this option. Any such optional period shall commence on the day following the expiration of the primary term. III. The Demised Premises shall mean those premises as described and set forth in Exhibits "A" and "B" attached to this lease and made a part hereof together with the right to use in conjunction with the Demised Premises all off street parking owned or under the control of Lessor adjoining the Demised Premises. IV. Lessee agrees to pay to Lessor the consideration of Five Hundred Thousand Dollars ($500,000.00) as described in paragraph I above in four equal installments of One Hundred Twenty -Five Thousand Dollars ($125,000.00) each. The installment payments shall be made by Lessee to Lessor during the construction phase of the Demised Premises in the following manner: (a) $125,000.00 to be paid when Lessor certifies in writing to Lessee that one quarter of the Demised Premises has been constructed. (b) $125,000.00 to be Paid when Lessor certifies in writing to Lessee that one half of the Demised Premises has been constructed. (c) $125,000.00 to be paid when Lessor certifies in writing to Lessee that three quarters of the Demised Premises has been constructed. (d) $125,000.00 to be paid when Lessor certifies in writing to Lessee that the Demised Premises has been totally completed. In the event Lessor employs an architect for the facilities to be constructed upon the Demised Premises then in such event the architect shall likewise certify in writing the stages of completion of the facilities prior to payment being made as above set forth. V. Once Lessee has made payment in accordance with paragraph IV of this 'lease, Lessor shall make no further charges to Lessee for rent, utilities, ❑r maintenance of the facilities to be built upon the Demised Premises, it being the intention of the parties that the payment made by Lessee to Lessor in accordance with paragraph IV of this 'lease is sufficient to include and pay for all such costs for both the primary and optional term, if any. VI. The parties hereto understand and agree that Lessee is leasing the Demised Premises to increase its capacity to attract conventions and tourism business to the City of Lubbock. The parties further agree that by the very nature of the convention and tourism business it is impossible to anticipate in advance the exact times that Lessee will require physical possession of the Demised Premises. It is also recognized that Lessor will be allowed to occupy and use the Demised Premises for its civic and cultural activities to be carried on pursuant to the articles of incorporation and bylaws ❑f Lessor. Both parties agree and understand that such joint use ❑f the Demised Premises is compatible and will provide the best possible use of the facilities to be built on the Demised Premises. May 11, 1989 Page 315 VII. In accordance with the understanding and intentions of the parties hereto as expressed in paragraph 6 of this lease the parties specifically agree as follows: (1) Lessor shall occupy the Demised Premises and maintain its office and staff upon such premises. (2) Lessor shall utilize the facilities to be built upon the Demises Premises to discharge its civic and cultural activities. (3) Lessor will maintain the facilities to be built upon the Demised Premises in a state of good repair and suitable for use by Lessee as herein contemplated. (4) Lessor will be responsible to provide, maintain and pay for all utilities used in connection with the facilities to be constructed upon the Demised Premises. Utilities, for the purposes of this lease, shall mean those facilities necessary to supply water, gas, electricity, telephone service, and sewage service to the facility. M Lessor will be responsible to maintain and pay for all garbage pickup and removal services required to properly service the facilities to be built upon the Demised Premises. (6) Lessor will be responsible to provide and maintain normal janitorial services required by Lessor and Lessor's use of the facilities to be built upon the Demised Premises, however, Lessee will be responsible to provide all such services required and necessary when it takes possession of and uses the facilities to be built upon the Demised Premises. (7) Lessor shall be responsible for and agrees to maintain insurance to protect the facilities to be built upon the Demised Premises from fire, storm, explosion, earthquake, hail or other similar casualty losses. (8) Notwithstanding anything to the contrary set forth in this lease, Lessee shall have at all times the right of first use of the facilities to be constructed upon the Demised Premises provided that there is no previously scheduled event by Lessor which conflicts, and if there should be a conflict, the Lessor shall give Lessee an alternative choice date or dates at a time suitable to Lessee, all conditioned upon Lessee's city manager or his designated representative giving at least a thirty (30) day advance notice to Lessor of the date and time that Lessee desires to occupy and use the above mentioned facilities. Lessee's use of the facilities shall be limited to forty (40) calendar days per year unless additional calendar days are authorized by Lessor which authorization shall not be unreasonably withheld. (9) Upon notification by Lessee of its desire to occupy and use the facilities to be constructed upon the Demised Premises, Lessor shall set aside the date and time requested and hold the facilities available for Lessee's use. Lessor shall notify Lessee of such fact. (10) In the event that Lessee will not require use of all of the facilities to be constructed upon the Demised Premises but only a part thereof, then in such event Lessor shall set aside the portion of the facilities required for use by Lessee reserving the date and time as aforesaid in subparagraph 9 and notify Lessee of such May 11, 1989 Page 316 fact. Lessor under such circumstance shall be free to occupy and use those portions of the facility not set aside for Lessee's use under such circumstance. (11) During such times as the facilities are occupied and used by Lessee, Lessee shall be responsible to furnish or see to it that there is furnished, proper security for the facilities being used. Lessor shall be responsible for security of the facility at all other times. (12) Lessee during such time as it uses and occupies the facilities to be built upon the Demised Premises, will have the right to use the auditorium, exhibit room or rooms, great hall, kitchen and dining facilities, projection room, meeting room or rooms, dressing areas, conference room ❑r rooms, together with all common areas and facilities such as restrooms necessary for operations of the facility as contemplated by the parties. Lessee shall also be allowed to use all auxiliary items found on the premises such as chairs, furniture, tables, and other similar type items. (13) Lessee shall, when it occupies and uses the facilities to be built upon the Demised Premises, have the right to use for itself ❑r its guests all off street parking spaces adjoining the facilities under the control of Lessor. (14) Lessee agrees to be responsible and reimburse Lessor for all damages to the facilities or its furnishings caused by the negligence of Lessee ❑r its guests. (15) Lessee further agrees to hold Lessor harmless for any claim for damages made against Lessor arising as a result of the negligent act or acts of Lessee or its guests. (16) Lessor shall be responsible for any and all taxes levied against the facilities to be construed upon the Demised Premises together with any and all taxes levied upon the personal property or fixtures constructed within such facility. (17) Lessor understands that Lessee will use and occupy the Demised Premises for both convention and tourism purposes carried on by Lessee or on Lessee's behalf through the Lubbock Convention and Visitor's Bureau during agreed periods of use by Lessee. (18) Lessee shall have the right to have catered food services within the great hall to be built within the facilities constructed upon the Demised Premises as a part ❑f its right during the period that Lessee has the right to use and occupy the facilities to be built. (19) Lessee shall have the right to authorize concessionaires within the facilities to be built upon the Demised Premises during the period of Lessee's right to use of occupy the facilities. (20) Lessee's right to have catered food service or to have concessionaires within the facilities to be built may be exercised by Lessee only during the times Lessee uses and occupies the facilities to be constructed. VIII. Lessee shall not assign ❑r in any manner transfer this lease ❑r sublet the Demised Premises ❑r any part thereof without the prior written consent of Lessor. It is understood, however, that use and occupancy ❑f the Demised Premises by the Lubbock Convention and May 11, 1989 Page 317 Visitor's Bureau through the City of Lubbock shall not be considered an assignment ❑f this lease. IX. This lease shall not be altered ❑r amended except in writing which writing shall be executed by both parties hereto and expressly reference this lease. It is further understood, however, that this lease is being executed before the facilities to be constructed upon the Demised Premises have been built and to that end both parties recognize that future amendments t❑ this lease may be necessary to accommodate the contemplated construction and use thereafter. X. Lessor shall furnish to Lessee two (2) sets of construction plans t❑ Lessee together with any alterations, changes ❑r additions thereto. Upon completion of the project, Lessor will furnish one (1) set of complete plans showing the facilities in the final as built condition„ 09. Lessor shall comply with all City of Lubbock building codes during the construction of the facilities upon the Demised Premises and shall keep Lessee fully informed of the progress of the construction of the facilities to be built upon the Demised Premises. XII. Lessor represents and warrants that it has or will have prior to the construction contemplated by this lease fee simple title to the Demised Premises and full authority to enter into this lease agreement with Lessee. XIII. Both parties to this lease understand that Lessee intends to make public use of the facilities to be built upon the Demised Premises, all as heretofore set forth in this lease, and that Lessee is agreeing to make payment as required by paragraph IV of this lease from its Hotel -Motel Tax Reserve Capitol Projects account. Both parties further agree that the use and occupancy of the facilities to be built on the Demised Premises as set forth in this lease by Lessee will directly enhance and promote tourism and the convention and hotel industry within the City of Lubbock. Both parties further agree that if the facilities to be constructed upon the Demised Premises are not built or not completed, then in such event the public use to be made of the facilities to be constructed fails and this lease would not be effective to discharge the public use contemplated by the parties hereto. Under such circumstances the parties hereto specifically agree as follows: (1) In the event the facilities described in Exhibit "A" attached hereto are not under construction within three (3) years from the date of this lease agreement, then in such event this lease shall become void and of no further force or effect between the parties hereto and Lessee shall have no obligation to pay the consideration described in paragraph 4 of this lease. (2) In the event that construction is started upon the facilities to be built upon the Demised Premises but such construction is not completed within a period of five (5) years from the date of this lease agreement, then in such event Lessee shall be relieved of making any further payments to Lessor as contemplated by paragraph 4 of this lease and Lessor shall return to Lessee all monies paid to Lessor by Lessee under paragraph 4 of this lease. May 11, 1989 Page 318 XIV. In the event that Lessor, for whatever reason, ceases to operate or own the facilities to be constructed upon the Demised Premises during the term of this lease, then in such event Lessee shall have the option to require Lessor to deed to Lessee the Demised Premises together with all improvements contained thereon so that Lessee might continue with its public use of the facilities to be built as hereinabove described. It shall be understood that for the purposes of this paragraph the terms own and operate shall have the following meaning: (a) Own - If Lessor is no longer the fee simple owner of the title to the Demised Premises. (b) Operate - If Lessor does not keep the facilities available for use by itself or Lessee for a period of time in excess of six (6) months from the date Lessee calls this fact to the attention of Lessor. In the event Lessee exercises its limited option in this paragraph XIV to receive a deed from Lessor conveying fee simple title to the Demised Premises and the improvements built thereon Lessee will have no further claim against Lessor for breach of this lease agreement and shall execute a release to such effect in favor of Lessor. XV. It is further understood and agreed by Lessor and Lessee that nothing in the terms of this lease shall ever be construed or interpreted to in any way allow or cause a cloud to be placed upon the title to the Demised Premises which title shall be in Lessor. XVI. It is further understood and agreed that Lessee during the term of this lease shall not intentionally, through any action or activity relating to this lease, affect the exempt organization status under the Internal Revenue laws of the United States nor, more specifically affect the funding or funds received by Lessor from donors. XVII. This lease agreement shall be construed in accordance with the laws of the State of Texas. May 11, 1989 Page 319 XVIII. Executed in duplicate between the parties hereto on the date and year first above written. LUBBOCK INTERNATIONAL CULTURAL CENTER, INC. BY:/s/ Dudley Strain President ATTEST: /s Idris 'Rhea Traylor, -Jr. Vice -President STATE OF TEXAS L COUNTY OF LUBBOCK L CITY OF LUBBOCK, TEXAS /s/ B. C. McMinn B.C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd,City Secretary APPROVED AS TO CONTENT: Zs/ Larry J. Cunningham Larry J. Cunningham, City Manager APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney BEFORE ME, the undersigned authority, on this day personally appeared Dudley Strain and Idris Rhea Traylor, Jr., known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said LUBBOCK INTERNATIONAL CULTURAL CENTER, INC., a corporation, and that lie executed the same as the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 16th day of May, 1989. /s/ Debbie Casteel Notary Public, in and for the State of Texas My Commission Expires: 3-4-92 STATE OF TEXAS A COUNTY OF LUBBOCK L BEFORE ME, the undersigned authority, on this day personally appeared B. C. McMINN, Mayor, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said CITY OF LUBBOCK, TEXAS, and that he executed the same as the act of such city for the purposes and consideration therein expressed and in the capacity therein stated. May 11, 1989 Page 320 1989. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 11th day of May, /s/ Olivia R. Solis Notary Public, in and for the State of Texas My Commission Expires: 11-30-89 During the July 28, 1988 regular City Council meeting, City Council approved a request for funding in the amount of $500,000 for construction of a Lubbock International Cultural Center at the old Thompson Junior High School site. Council approved a request to fund this from the Hotel Tax Reserve Fund -- a special fund previously set up by the Council from revenues collected through the Hotel/Motel Tax. At that time, Council also authorized drafting of a Contract between the City and the International Cultural Center Board for construction of a Center. A Lease Agreement was developed by the City Attorneys office which provides that the City of Lubbock, for a sum of $500,000, will lease the Lubbock International Cultural Center to Lubbock International Cultural Center, Inc. The main provisions of this Lease Agreement are as follows: 1. The term of the Lease is 10 years (with an option for an additional 10 years) effective on the day the Lubbock International Cultural Center, Inc., receives from the City of Lubbock a Certificate of Occupancy for the Lubbock International Cultural Center. 2. The City will pay to Lubbock International Cultural Center, Inc., a sum of $500,000 in 4 equal installments of $125,000 each during the construction phase in the following manner: $125,000 following 25% completion of construction $125,000 following 50% completion of construction $125,000 following 75% completion of construction $125,000 when the structure has been totally completed 3. In the event the facilities are not under construction within 3 years from the date of the Lease Agreement, the Lease shall become void and the City of Lubbock will be relieved of its obligation to pay. 4. In the event construction is started but not completed within 5 years from the date of the Lease Agreement, the May 11, 1989 Page 321 City of Lubbock will be relieved of its obligation to make further payments to Lubbock International Cultural Center, Inc. and the LICC shall return to the City of Lubbock all monies paid by the City to that date. 5. If, for any reason, Lubbock International Cultural Center, Inc. ceases to operate, own or maintain the facilities, then the City of Lubbock shall have the option to require Lubbock International Cultural Center, Inc. to deed to the City the facility with all improvements contained thereon s❑ that the City might continue with its public use of the facilities. Staff recommended approval of this Lease Agreement as written. Motion was made by Councilman Carpenter, seconded by Councilman Maloy, to authorize Resolution #3097 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48A-321-263 (29.) BID #10171--Snow Blower (Aviation). Oshkosh Truck Carp.--2 ea. 3,000 Ton Per Hour Snow Blower. Motion was made by Councilman Carpenter, seconded by Councilman Phillips, to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 89-48A-32.1-264 (30.) BID #10135--Office Furniture (Various Departments). Nesters Office Center--5 ea. Drafting Chair; 1 ea. Drafting Chair wlArmrests; 1 ea. Executive Chair, Wood; 2 ea. 3' x 8' Folding Table; 7 ea. File Cabinet, 5-Drawer, Letter, wlLock; 8 ea. File Cabinet, 2-Drawer, Letter, wlLock; 8 ea. File Cabinet, 4-Drawer, Letter, wlLock; 1 ea. File Cabinet, 4-Drawer, Legal, wlLock; 2 ea. File Cabinet, 4-Drawer, Legal, wlLock; 40 ea. Chair, wlPosture Back, Armrest, Tilt & Swivel; 15 ea. Steno Chair, wlPneumatic Lift; 2 ea. Executive Armchair wlTilt, Pneumatic Lift; 18 ea. Executive Chair; 32 ea. Conference Room Arm Chair; 6 ea. Arm Chair WlSkid Base; 1 ea. Executive Desk, Wood, Double -Pedestal; 5 ea. Secretarial Desk, Wood, wlReturn; 4 ea. Executive Desk, Double Pedestal; 6 ea. Office Desk, Double Pedestal; 1 ea. Office Desk, Single Pedestal, wlLift Return. Baker Company--4 ea. 42" Bookshelf w1End Panels; 2 ea. Heavy Duty Shredder. Frank McGlaun Office Supply--3 ea. 2-112' x 6' Folding Table. May 11, 1989 Page 322 K& K Office Supply--8 ea. File Cabinet, 4 x 8 Tab Card, Single Drawer; 1 ea. File Cabinet, 7- Drawer, Letter, w/Lock. Motion was made by Councilman Carpenter, seconded by Councilman Phillips, to authorize low bids meeting specifications. Motion carried: 7 Yeas; O Nays. 89-48A-322-265 (31.) BID #10169--Process Recorders Electric Production). Esterline Angus--1 Lt. Process Recorders, 3 ea. Motion was made by Councilman Carpenter, seconded by Councilman Phillips, to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 89-48A-322-266 (32.) BID #10092--Dater Tower, CO2 Plant Demolition (Water, Electric Production), and authorize same. RESOLUTION #3098 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City ❑f 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 Pittsburg Tank & Tower for demolition of the Dater Tower at L.I.A., 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 ❑f this Resolution as if fully copied herein in detail. Passed by the City Council this 11th day of May, 1989. ATTEST: sl Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Z.§l Gene Eads Gene Eads, Purchasing Manager CONTRACT STATE Of TEXAS COUNTY OF LUBBOCK s B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Isl Harold Willard Harold Dillard, Assistant City Attorney THIS AGREEMENT, made and entered into this 11th day of May, 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 Pittsburgh Tank & Tower of the City ❑f Henderson, County of Henderson,and the State of Kentucky, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, t❑ 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 May 11, 1989 Page 323 commence and complete the construction of certain improvements described as follows: BID NO. 10092 - ELEVATED WATER TOWER in the amount of $6,500 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 ❑f 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 ❑f the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: Is1 Ranette Boyd Secretary APPROVED AS TO CONTENT: Isl Dan Hawkins ATTEST: Secretary COMPLETE ADDRESS: Pittsburgh Tank and Tower P.O. Box 913 Henderson, Kentucky, 42420 STATE OF TEXAS COUNTY OF LUBBOCK CITY OF LUBBOCK, TEXAS (OWNER) /s/ B. C. McMinn Mayor APPROVED AS TO FORM: PITTSBURG TANK AND TOWER CONTRACTOR By: Is1 Don Johnston TITLE: President CDNTRACT THIS AGREEMENT, made and entered into this 11th day of May, 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 t❑ as OWNER, and ROD AND SONS, INC. of the City of Houston, County of Harris, 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: May 11, 1989 Page 324 BID NO. 10092 - CO2 PLANT DEMOLITION in the amount ❑f $96,900 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 t❑ furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and ❑ther 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 t❑ pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject t❑ additions and deductions, as provided in the contract documents and t❑ 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: sl Ratnette Boyd Secretary APPROVED AS TO CONTENT: sl Ja}y Wadsworth ATTEST: Secretary COMPLETE ADDRESS: ROD AND SONS, INC. 7009 Gregdale Houston, Texas, 77049 CITY OF LUBBOCK, TEXAS (OWNER) Isl B. C. McMinn Mayor APPROVED AS TO FORM: ROD AND SONS, INC. CONTRACTOR By: Isl Edelmario Rodriguez TITLE: President Pittsburg Tank and Tower --I ea. Elevated Water Tank, Lubbock International Airport. Rod & Sons --I ea. CO2 Plant, 3500 Slaton Road. Motion was made by Councilman Carpenter, seconded by Councilman Phillips, to authorize Resolution #3098 meeting specifications. Motion carried: 7 Yeas; D Nays. (28.) Hold an Executive Session t❑ discuss litigation_ of land acquisition (Streets and Utilities). May 11, 1989 Page 325 (33.) Hold an Executive S Lubbock Citizens Traffic Commission Community Development Advisory Committee Human Relations Commission Lubbock Municipal Arts Committee 89-48A-325-267 (16.) Consider Resolution #3099__supporting the East- West Freeway Project and Railroad Relocation Project west of the City of Lubbock. RESOLUTION #3099 WHEREAS, the Lubbock Urban Transportation Plan shows the need for an East-West Freeway along the Brownfield Highway/4th Street corridor; and WHEREAS, all citizens using this corridor would enjoy improved safety, improved traffic flow, and reduced transportation costs by construction of said freeway facility; and WHEREAS, the State Department ❑f highways and Public Transportation, City ❑f Lubbock, County ❑f Lubbock, Texas Tech University, and the Atchison, Topeka and Santa Fe Railway have agreed to cooperate in construction of said freeway facility; and WHEREAS, the State Department of highways and Public Transportation has agreed t❑ reimburse the City of Lubbock for not less than ninety percent (90%) ❑f actual costs ❑f engineering studies, right-of-way acquisition costs, and associated damage costs t❑ the Santa Fe Railway for relocation ❑f the Santa Fe Railroad line (based on attached preliminary cost estimates and route); NOW THEREFORE„ BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council ❑f Lubbock agrees to provide right-of-way contract administration services for the acquisition of a relocation route and railroad construction within the selected route; subject to: (1) Reimbursement of not less than ninety percent (90%) of all railroad relocation costs by the State Department of Highways and Public Transportation, and (2) A favorable Environmental Assessment by the State Department of Highways and Public Transportation. THAT the City Council further agrees t❑ obtain long-term financing through the issuance ❑f certificates of obligation for the City's share ❑f right-of-way costs, not to exceed ten percent (10%) ❑f the total right-of-way costs, for the acquisition costs ❑f the East-West Freeway. Passed by the City Council this 11th day of May, 1989. /s/ B. C. McMinn _ B. C. McMINN, MAYOR ATTEST: /s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: s Jim Bertram s John C. Ross Jim Bertram, Assistant City Manager John C. Ross, Jr., for Development Services City Attorney May 11, 1989 Page 326 SUMMARY PRELIMINARY COST ESTIMATES FILED WITH RESOLUTION #3099 This Resolution is in support of the proposed East-West Freeway project and the associated Santa Fe Railroad track relocation west of the City of Lubbock. Right-of-way for the "Alternative Design", which removes the Santa Fe Railroad from the Brownfield Road corridor, is estimated at $41,100,000 and railroad relocation costs are estimated at $22,707,540. The Highway Department is asking the City of Lubbock to serve as Contract Administrator for acquisition of right-of-way to relocate the railroad route, and for the construction of the tracks and associated improvements. The Highway Department will reimburse no less than 90% of these costs, which total $63,807,540. The City`s share could be $6,380,754, which will require an additional long-term funding source of $3,780,000 to supplement the existing $2,600,000 in bond funds. Senator Montford requested this support to help him obtain funding for the entire project and Staff recommended approval. Motion was made by Councilman Maloy, seconded by Councilman Patterson, to authorize Resolution #3099 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48A-326-268 (12.) Hold a Public Hearing to determine public convenience and necessity for limousine behalf of White Knights Limousine Service take aoDronriate action. Tammy J. Carroll appeared to request Limousine Permit for White Knights Limousine Service to operate within the City of Lubbock. Ms. Carroll stated that she plans to operate only ❑ne limousine, a 1980 Cadillac Paris Limousine. Ms. Carroll advised that all Limo Services in Lubbock are currently booked and there is a need for another service. She stated she will transport t❑ or from the Airport only by appointment. Councilman Maloy asked Ms. Carroll if she plans to drive the Limo and she replied that she will have two ❑ther drivers, but would also get a Chauffeur's License. When asked by Mayor Pro Tem Baker if she ❑wns the Limo, Ms. Carroll replied that she has a financial interest in it and she personally caries all the insurance on it, but does not own it --the Limo is leased. No one appeared in ❑pposition and Mayor McMinn closed the Hearing at 11:35 A. M. According to Staff memo, Section 31-59 ❑f Ordinance #8167 requires the City Council to hold a Public Hearing on applications to consider whether the public convenience and necessity would be served by the issuance of a Limousine Permit and the City Council is to take into consideration: May 11, 1989 Page 327 (a) The financial responsibility of the applicant; (b) Number, kind and type of equipment and the color scheme to be used by the applicant; (c) The probable effect of increased service on the local traffic conditions; (d) Whether the safe use of the streets of and by the public, both vehicular and pedestrian, will be endangered unduly by the granting and proposed additional service; (e) The character, experience and responsibility of the applicant; (f) Whether the applicant is fit, able and willing to perform the service on a regular and continual basis. In order to determine the applicant's financial history, Ms. Carroll's personal credit history was reviewed. Ms. Carroll is currently employed as a Staff Accountant by Shelton Berry, P.C., and lists her annual employment income at $25,800 per year, plus variable tax bonuses. Ms. Carroll also lists an additional $3,000 per year income from annual livestock sales and gift from parents, and she owns real estate valued at $58,600. Ms. Carroll's average monthly income is approximately $2,400. Her average monthly debts and obligations total approximately $1,035 per month. Ms. Carroll reports an average savings account balance of $900 and an average checking account balance of $946, both at local banks. Ms. Carroll has never owned or operated a business, and therefore, has no business credit history. Her reported personal credit history reveals no bad debts or late charges. Ms. Carroll has had two speeding tickets, one in 1984 and one in 1986. Ms. Carroll's listed character references reported her to be of good character with a solid work background. Ms. Carroll is in compliance with the requirements concerning insurance coverage and performance bond. Concerning rate structures, Ms. Carroll proposes the rate structure listed below according to the various zones set out by the code: Hourly rate: $451hour with gratuity left to customer discretion with unlimited passengers. Per trip rate: Zones 2, 3, 4 and 5 = $151hour with unlimited passengers Zone 1: $20/hour with unlimited passengers May 11, 1989 Page 328 Ms. Carroll's proposed rates are comparable with the rates approved by Council for Executive Coach Limousine Service with the difference being Executive Coach adds gratuity to cost and has a different weekend rate ($2/higher/hour). Trent Petty, Assistant to the City Manager advised that Ms. Carroll has met all the requirements of the Limousine Ordinance and if she is approved for a Permit, next year she will have to replace her 9 year old limousine or seek Council Special Exception to the 10 year age limit on Limo. Motion was made by Councilwoman Trejo, seconded by Councilman Patterson, to authorize Permit as recommended by Staff. Motion carried: 7 Yeas; O Nays. 89-48A-328-269 (34.) Consider one appointment to the Citizens Traffic Commission to replace Harry Eastus (Term expires Motion was made by Councilman Phillips, seconded by Councilman Patterson, to appoint Michelle Stuart to replace Harry Eastus to the Lubbock Citizens Traffic Commission. Motion carried: 7 Yeas; 0 Nays. 89-48A-328-270 (35.) Consider six appointments to replace stin tstr sa Hoiceman expire on Motion was made by Councilman Phillips, seconded by Councilman Carpenter, to appoint Gary Cacanougher to replace Lisa Holdeman and reappoint Augustin Estrada, Kado Lang, Mary Mauldin, E. Hoyse McMurtry, and Sharon Bennett to the Community Development Advisory Committee. Motion carried: 7 Yeas; 0 Nays. 89-48A-328-271 (36.) Consider five appointments to the rvalz. Nelkie n cervantez. tar Motion was made by Councilman Phillips, seconded by Councilman Patterson, to appoint Betty Wheeler to replace Joy Lambert and reappoint Beatrice Narvaiz, Nellie Gomez, John Cervantez and Earl Elliott and to the Human Relations Commission. Motion carried: 7 Yeas; 0 Nays. May 11, 1989 Page 329 89-48A-329-272 (37.) Consider one appointment to the Municipal Arts Committee to replace Rosie Alford who has_ declined her appointment. Motion was made by Councilman Phillips, seconded by Councilwoman Trejo, to appoint Terry Morrow to the Lubbock Municipal Arts Committee. Motion carried: 7 Yeas; O Nays. There being no further business to come before the Council, motion was made by Councilman Phillips, seconded by Mayor Pro Tem Baker, to adjourn the meeting at 1:22 P.M. fT C B. C. McM NN, MAYOR qRanete Boyd, Ci?y--S'e--c1rk-et1ry READ ,AND APPROVED THIS 25TH DAY OF MAY, 1989. B. C. McMINN, MAYOR T: Ran to Boyd, City Se etary R-104 THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Frances Hernandez a Notary Public in and for Lubbock County, personally appeared T.J. Auf it I + Account Manager of the Sout pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening being by me duly sworn did depose and say that said newspaper has been published con than fifty-two weeks prior to the first insertion of this Legal Notice No. 5061-59 at Lubbock County. Texas and ed copy of the Le 9a I NO t i C! is a true copy of the origginal and was print Avalanche -Journal on the followingdates: April 26, 1989 95 Wards 0 .46 = S-C3.70 71 ;1 0 L-e ACG cant M naFer LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 2ndda,y of May , 19 89 FORM 58-10 Texas on this day NOTICE NOTICE is herebY 41vea that a' public hea Ong will be held an May 11, 1909 in the City Council Charm bars at 1625 13% Street, Lubbock. Texas, at 10:20 A.M. to consider the application of Texland Pesrole- um for an OR and Gas Orlliln0 Per- mlt located: In Sectl*n $, Block A. Lubbock County, Texas. the weR and stor- age Vocation Is proposed approxi- mately 1900 feet north and 1990 feet east of the southwest corner. The well site is north of East Erskine and east of North Guava. For add[tlonal informatlon. contact Randy Henson. 7623431, extension 2103. c� SECOND RIFAAINO ORPINANCES ORDINANCE NO.9114 AN ORDINANCE AMEND- ING ZONING ORDINANCES NO, 7W AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.1619: A ZONING CHANGE FROM M,2 TO M-1 SPECIFIC USE PERMIT FOR A TRACT OUT WRECKING SECTION 3 BLOCK D tU860CK. TE11AS: SUBSEC7 TO CONOI7iQN51 PROVIDING A PENALTY; PRO-. VI05NG A SAVINGS CLAUSE AHD PRO" i D I HG FOR PU BL I CA- TION. ORDINANCE NO.9175 AN ORDINANCE AMEND' ING SECTIONS 1 AND1 OF ORDI- NANCE NO. 9141 OF THE CITY OF LUBBOCK SO AS TO REVISE ITS INSSPEEDPMA FACIE SCHOOL ZONES,SLRE- LATED TO THE TYPE OF f STREET INVOLVED. AND PRO- VIDIPUBLICATION ANDNEFFECTRIVE DATE HERE- OF. IS R-123 K F e s Hernandez a Notary Public in and for Lubbock Countv. Texas on this day —_-T._!- A-uf-i l 1y Account Manager of the Southwestern Newspa- shers of the Lubbock Avalanche -.Journal --- Morning. Evening and Sunday, who did depose and say that said newspaper has been published continuously for more for to the first insertion of this __ Legal Notice No. _ 506244 at Lubbock County, Texas and the attached rint- ! 9 a I Notice is a true copy of the original an�was printed in the bock ie following dates: _ _ May i3th &// 120tii OR DI NANCE NO. "7i —1 AN ORDINANCE AMEND-iI Li ING SECTION 2.164 OF THE CODE OF ORDINANCES OF THE So CITY OF LUBBOCK, TEXAS. . WITH REGARD TO THE MEM- BERSHIP OF THE PERMIT AND LICENSE APPEAL BOARD OF THE CITY OF LUBBOCK, PRO- VIDING A SAVINGS CLAUSE: SL AND PROVIDING FOR PUSLICA- TION- R-11] 1 FORM 58-10 JOURNAL Corporation O �1 r n FRA;:CFS HE ANDEZ NeF•.rlic State of T eAas My I;iimmssslon Expires 7-45-91 before me this 509 day of — May _ . 19 89 M