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