The URL can be used to link to this page

Home My WebLink AboutMinutes - City Council - Regular - 5/25/1989330 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING MAY 25, 1989 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 13th day of April, 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 Deputy City Secretary Beatrice Cervantes. Absent: Ranette Boyd, City Secretary Mayor McMinn called the meeting to order at 10:00 A.M. [ 1.} The Invocation was given by Assistant City Manager Rita Harmon. ( 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 May 11, 1989 Regular City Council Meeting as written. Motion carried: 7 Yeas; 0 Nays. ( 4.) Board Appointments 89-48A-330-273 ( 5.) Chuck Kershner will appear rm une Chuck Kershner, owner of the 4 Bar K Ranch, appeared to request a Loudspeaker Permit for May 26, 1989 from 7:00 p.m. until 11:00 p.m. and also for June 25 (instead of June 11 as originally requested) from 6:00 p.m. until 10:00 p.m. both days for a barbecue and dance at the 4 Bar K Ranch located at 98th and Detroit. Mr. Kershner has satisfied the basic requirements of the ordinance concerning amplified music and has paid his $15 fee, as well as presented a petition containing 23 names. Three residents disapproved of the request and eight could not be contacted. Council was advised by Staff memo that despite denial of the previous request by Mr. Kershner for a Loudspeaker Permit for a party to be held Saturday, April 29, Mr. Kershner proceeded with his party and used a stereo system in conjunction with that party. Since Mr. Kershner did not obtain a Loudspeaker Permit, he was in violation of the Code. However, he did control the noise to the extent the police were satisfied that it did not constitute a disturbance. Police on the May 25, 1989 Page 331 scene stated that the music emitted by this stereo system was not audible on 98th Street, and no complaints were reported during Mr. Kershner's party of April 29. According to Staff, Mr. Kershner's parking lot clearly does not meet the paving requirements of the Code and he has been notified that until such time it is brought up to the requirements of the Code, he will be in violation of the terms set forth by 28A. Councilman Carpenter asked Mr. Kershner if he had complied with paving requirements and also if he had received certification from 2BA for approval, and Mr. Kershner replied that the parking lot had been paved but that he had not received the certification. David Jones, Director of Planning, informed Council that the material which was used for paving Mr. Kershner's parking lot is insufficient to meet Code requirements. City Attorney John Ross stated that Condition #10 of terms set forth by 2BA for considering an application for an evening party has not been met because it states that the Codes Administrator is to certify to 2BA that Condition #'s 1, 2, and 7 of these terms have been met, and 2BA has received no such certification. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Maloy to deny request of Chuck Kershner for a Loudspeaker Permit. Motion carried: 7 Yeas; 0 Nays. 89-48A-331-274 ( 6.) ORDINANCE #9273--Abandoning and closing portions ORDINANCE #9273 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF 61ST STREET AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING: PROVIDING A SAVINGS CLAUSE: AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Patterson, seconded by Councilman Carpenter to pass on second and final reading Ordinance #9273 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48A-331-275 ( 7.) ORDINANCE #9277--Abandoning and closing a of a public right-ot-way adjacent to Lot 3, Four ORDINANCE #9277 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. May 25, 1989 Page 332 Motion was made by Councilman Patterson, seconded by Councilman Carpenter to pass on second and final reading Ordinance #9277 as recommended by Staff. Motion carried: 7 Yeas; O Nays. 89-48A-332-276 { 8.) ORDINANCE #9267--1988 Assessment Pavin Pro ram (Project No. _9062). ORDINANCE #9267 AN OROINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING THE FOLLOWING ALLEY LOCATED IN THE FOLLOWING BLOCKS AND ADDITIONS; THE EAST -WEST ALLEY ABUTTING LOTS 1 THROUGH 6, BLOCK 23, ELLWOOD PLACE ADDITION, AND LOTS 1 THROUGH 26, BLOCK 29, ELLWOOD PLACE ADDITION; AND INCLUDING PORTIONS OF THE FOLLOWING STREETS: 78TH STREET AND QUIRT AVENUE, SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF AND PORTIONS OF OTHER SUNDRY STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND/OR ALONG THE BOUNDARIES OF SAID CITY AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATIONS IN EVIDENCE HEREOF, ALLOCATING FUNDS. (SEE SECTION ONE OF THIS ORDINANCE FOR UNITS DELETED BY CITY COUNCIL). This Assessment Ordinance includes Quirt Avenue from East 50th Street to the Slaton Highway, two blocks on 78th Street and one alley. This is the second of three readings of this Ordinance. The public hearing was held April 13, 1989 and the Ordinance passed first reading. The third and final reading of the Ordinance will be held after bids are received on the project. Advertisement for bids will be scheduled following passage on second reading, at which time the Council will make determination of those units to remain on the program and which units will be deleted. Assessment rates may need to be adjusted at the third reading if bid prices are less than those estimated. At the public hearing, the City Council decided to leave Quirt Avenue and the two blocks of 78th Street on the program at established assessment rates. The Council determined that the alley could remain on the program at the calculated assessment rate if 60% of the abutting property owners executed an agreement stating enhancement to their property would amount to the proposed assessment. The alley agreement was received on Friday, May 12 (this was the second deadline given the owners) and was signed by 14 of the 27 owners. This represents 52% instead of the required 60%. The Ordinance, as written for second reading, indicates the alley has been deleted from the program. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Carpenter to pass on second reading Ordinance #9267 as recommended by Staff with deletion of the alley. Motion carried: 7 Yeas; 0 Nays. May 25, 1989 Page 333 89-48A-333-277 (15.) Consider Resolution #3100 accepting avin improvements constructed by Kerr Construction_ Company in Spur 3.27 Autoplex. RESOLUTION #3100 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Spur 327 Autoplex made arrangements with Kerr Construction Company and Hugo Reed & Associates, Inc., for the construction of paving improvements in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above mentioned addition including the following streets: Homestead Avenue from its intersection with the south lip line of Spur 327 to its intersection with the north edge of pavement of 66th Street known and designated as New Subdivision Sub -Unit 90 of Unit Number 2033. Genoa Avenue from its intersection with the south lip line of Spur 327 to its intersection with the north lip line of 63rd Street known and designated as New Subdivision Sub -Unit Number 91 of Unit Number 2033. Genoa Avenue from its intersection with the south lip line of 63rd Street to its intersection with the north edge of pavement of 66th Street known and designated as New Subdivision Sub -Unit Number 92 of Unit Number 2033. 63rd Street from its intersection with the east lip line of Homestead Avenue to its intersection with the west lip line of Frankford Avenue known and designated as New Subdivision Sub -Unit Number 93 of Unit Number 2033. 64thi Street from its intersection with the east lip line of Genoa Avenue to its intersection with the west lip line of Frankford Avenue known and designated as New Subdivision Sub -Unit Number 94 of Unit Number 2033. 66thi Street from its intersection with the centerline ❑f Homestead Avenue to its intersection with a line 145 feet west of west end of radius of Frankford Avenue known and designated as New Subdivision Sub -Unit Number 95 of Unit Number 2033. 10 foot wide valley gutter and associated concrete in drainage easement across Tract "A", Spur 327 Autoplex, from east back ❑f curb of Homestead Avenue to west back of curb of Genoa Avenue known and designated as New Subdivision Sub -Unit Number 96 ❑f Unit Number 2033; and WHEREAS, the construction of the above improvements on the above mentioned streets was performed under the supervision of the City (Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above mentioned streets BE and the same are hereby accepted and the City Engineer BE and he is hereby authorized to notify the Developer ❑f acceptance by the Lubbock City Council. May 25, 1989 Page 334 SECTION 2. THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 25th day of May, 1989. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Lirry D . Hertel Larry D. Hertel, City Engineer Is1 B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Isl J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney FINAL PAVING ESTIMATE FILED WITH RESOLUTION #3100 This is a routine acceptance of paving improvements constructed by Kerr Construction Company for the developer of Spur 327 Autoplex which included Tract "A" (Scoggin-Dickey Buick) and additional streets dedicated by plat in the area. Additional work was done by the State Highway Department in the form of a drainage structure under Spur 327 to improve drainage for the area. This was a joint effort between the developers and the State Highway Department. The plans for this street work were done by private engineers and the inspection and testing were done by City inspectors. This area is situated between Spur 327 and 66th Street and Frankford Avenue and Homestead Avenue. There is no City cost due the contractor. Staff recommended approval. Motion was made by Councilman Patterson, seconded by Councilman Carpenter to authorize Resolution #3100 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48A-334-278 (16.) Consider Resolution #3101 accepting. s r ction Lomnanv in womate RESOLUTION #3101 A RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions ❑f City Ordinance 1331, the subdivider of Womble Addition Tracts "A" and "B" made arrangements with Kerr Construction Company and Hugo Reed and Associates, Inc. for the construction of paving improvements on a certain street dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned addition including the following street: The West one-half (1/2) ❑f Frankford Avenue from 125 feet North of the North right-of-way line of Spur 327 to 852.57 feet North of the right-of-way line of Spur 327 (curb and gutter only) known as Unit No. 2033-75. May 25, 1989 Page 335 WHEREAS, the construction of the above improvements on the above -mentioned street was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above - mentioned street be and the same are hereby accepted and the City Engineer be and he is hereby authorized to notify the Developer of Acceptance by the Lubbock City Council. SECTION Z. THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 25th day of May, 1989. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Larry D. Hertel Larry D. Hertel, City Engineer /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s J. Worth Fullin im J. Worth Fullingim, Assistant City Attorney CONSOLIDATED FINAL PAVING ESTIMATE WOMBLE ADDITION TRACTS "A" and "B" May 25, 1989 5.95/L.F. UNIT $6.15/L.F. REINFORCED AND CURB AND GUTTER SUB -UNIT LOCATION GUTTER TYPE C 2033-75 W-Z Frankford Ave. from 125' N. of N. R-O-W line of Spur 327 to 852.57' N. of N. R-O-W line of Spur 327 Total Developer Contract Quantities 535.17 166.6 FINAL COST ESTIMATE Developer Contract Cost 535.17. L.F. curb and gutter @ $6.15 $ 3,291.30 166.6 L.F. reinforced gutter @ $5.95 $ 991.27 TOTAL $ 4,282.57 May 25, 1989 Page 336 CONTRACT COST DISTRIBUTION Unit and Contract Oeveloper Sub -Unit Cost Cost 2033-75 $ 4,282.57 $ 4,282.57 This is a routine acceptance ❑f street curb and gutter improvements required at the time of platting ❑f this new subdivision. The plans for this work were done by private engineers and the inspection and testing were done by City inspectors. This new subdivision is situated at the northwest corner of Spur 327 and Frankford Avenue (Womble Olds Dealership). Motion was made by Councilman Patterson, seconded by Councilman Carpenter to authorize Resolution #3101 as recommended by Staff. Motion carried: 7 Yeas; O Nays. 89-48A-336--279 (17.) Consider Resolution rKi . RESOLUTION #3102 RESOLUTION ALLOWING EXCAVATION OF MATERIAL FROM CITY OWNED PLAYA LAKE NO. 21 (K.N. CLAPP PARK). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Director of Parks and Recreation and the City Engineer are hereby authorized to approve the excavation of materials with no royalty charge from the City owned Playa Lake No. 21 (K.N. CLAPP PARK) subject to the following requirements: (a) the material removed shall be placed above the estimated high water elevation of Lake No. 21; (b) the removal of material from the lake area shall be in accordance with a "Cut Plan" approved by the Planning and Zoning Commission. Passed by the City Council this 25th day of May, 1989. ATTEST: /s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Ls/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney This is a Staff request for material to be permitted to be excavated from the Lake No. 21 basin without royalty charge upon approval of the Director of Parks and Recreation and the City Engineer and in conformity with a "Cut Plan" re- quiring the approval of the Planning and Zoning Commission. From the Flood Plain Management standpoint, the removal of material from the lake May 25, 1989 Page 337 89-48A.-337-280 (18.) basin would be very desirable since this excavation would increase the stormwater holding capacity of Lake No. 21. Motion was made by Councilman Carpenter, seconded by Councilwoman Trej❑ t❑ authorize Resolution #3102 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Consider Resolution #3103 author on ❑f a temporary Playa LaKe/Drain RESOLUTION #3103 RESOLUTION CREATING A TEMPORARY PLAYA LAKE/DRAINAGE STUDY COMMITTEE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: Stu SECTION 1. A Temporary Playa Lake/Drainage Study Committee is hereby created t❑ review issues related t❑ storm drainage, flood plains, playa lakes, the Flood Insurance Program, development requirements (as they relate to drainage and playa lakes), cut and fill criteria, ❑r other issues pertaining generally t❑ playa lakes and/or drainage, and to make recommendations t❑ the City Council ❑f proposed changes t❑ the Code of Ordinances ❑n items pertaining to playa lakes and/or drainage. SECTION 2. The City Council shall appoint 15 members to such Committee comprised ❑f representatives ❑f the following groups: Background No. Civil Engineers: Private Consulting Firms 2 Texas Tech University 2 Texas Highway Dept. 1 Developers 2 Builders 2 Realtors 2 Insurance Agents 2 Lenders (Bank and/or Savings & Loan) 2 TOTAL 15 SECTION 3. Support to the Committee shall be furnished particularly by the following City Departments: A. Street/Drainage Engineering B. Parks and Recreation C. Water Utilities D, Planning SECTION 4. The Mayor of the City of Lubbock is hereby authorized and directed to appoint one member ❑f the Committee as chair person. SECTION 5. That after the Committee is appointed and constituted, it shall meet at such times and places as it deems necessary to carry out the purposes for which it was appointed, and the Committee shall appoint ❑ne ❑f its members as its secretary to record its business and proceedings and forward any necessary reports and/or recommendations of the Committee to the Mayor and City Council ❑f the City ❑f Lubbock. May 25, 1989 Page 338 SECTION 5. That the Committee herein appointed by the City Council shall serve at Council until such time as the City Council the Committee is completed. Passed this 25th day of May, 1989. ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Larry 1). Hertel Larry D. Hertel, City Engineer created and subsequently the will of the City determines the work of /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ J. Worth Ful_lingim J. Worth Fullingim, Assistant City Attorney This Committee will be created to review issues related to storm drainage, flood plains, playa lakes, the Flood Insurance Program, development requirements (as they relate to drainage and playa lakes), cut and fill criteria, or other issues pertaining generally to playa lakes and/or drainage. After review, the Committee will make recommendations to the City Council of proposed changes to the Code of Ordinances on items pertaining to playa lakes and/or drainage matters. Committee members are proposed to be comprised of the following: BACKGROUND NO. Civil Engineers Private Consulting Firms 2 Texas Tech University 2 Texas Highway Department 1 Developers 2 Builders 2 Realtors 2 Insurance Agents 2 Lenders 2 Total 15 Where possible, local Professional organizations will be contacted to submit recommended names of proposed committee members to the City Council. It is expected to be several months before it is recommended for the City Council to select persons to serve on this committee. Motion was made by Councilman Carpenter, seconded by Councilman Maloy to authorize Resolution #3103 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. May 25, 1989 Page 339 89-48A-339-281 (19.) 89-481k-339-?82 (20.) Consider request of land Petroleum for rs This is a routine request as provided at Section 24-128 (a) of the City of Lubbock Code of Ordinances. When a well is completed, the permittee is entitled to request a reduction in the bond or Letter of Credit from $25,000 to $10,000. A letter requesting reduction of the above mentioned bonds was submitted to the Planning Department on May 5, 1989. Drilling operations have been completed. Staff recommended approval of the reduction. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to approve request of Texland Petroleum for a bond reduction for LIF Lubheirs No. 5 and LIF Lubhiers No. 6 as recommended by Staff. Motion carried: l Yeas; 0 Nays. Consider Resolution #3104 for implementation of the C8D Redevelopment Plan. RESOLUTION #3104 WHEREAS, the Lubbock City Council appointed a twenty-one member Central Business District Steering Committee to advise the Council on the creation of a CBD Redevelopment Plan; and, WHEREAS, the CBD Steering Committee reviewed and recommended a CBD Redevelopment Plan for Lubbock; and WHEREAS, "Center Corp of Lubbock", a Central City Development Corporation, has been formed to oversee the development of the central city area; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Lubbock City Council accepts the attached CBD Redevelopment Plan projects and actions in concept and recognizes "Center Corp of Lubbock" as the primary private sector agent to work in close coordination with the City Manager or his designee for implementation of the Redevelopment Plan. The Council further encourages Center Corp of Lubbock to coordinate with all pertinent local„ State, and Federal agencies to assist in the implementation of the pllan or other central city redevelopment projects and programs. Passed by the City Council this the 25th day of May, 1989. ATTEST: /s Ranette Boyd Ranett:e Boyd, City Secretary APPROVED AS TO CONTENT: Zs/ Jiim Bertram Jim Bertram, Assistant City Manager /s/ B. C. McMinn _ B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney May 25, 1989 Page 340 EXECUTIVE SUMMARY LUBBOCK CENTRAL BUSINESS DISTRICT REDEVELOPMENT PLAN MARCH 9, 1989 Introduction Similar to other American cities, Lubbock's C.B.Q. is losing its position as the center of activity for the city and region as retail and office activities migrate to suburban locations. The adjacent Overton neighborhood is also in a process of destabilization as single famiily homes are converted to rental units, multi -family apartments deteriorate and commercial intrusions occur along the area's edges. Recognizing these trends, the City Council appointed a CBD Steering Committee in 1987 to ❑versee the development of a revitalization plan for downtown and the Overton area. In March 1988, the Dallas office of RTKL Associates Inc. was commissioned to lead a planning team to prepare a plan for the revitalization of downtown Lubbock. The planning process was guided by three fundamental ❑bjectives. To create a long range development plan and implementation strategies that would provide the general policies and guidelines for both public and private sector- involvement in the revitalization ❑f the downtown area. To initiate an ongoing rocess ❑f public -private sector collaboration within the community that would create a positive climate for improvement ❑f downtown and the Overton area. To identify early action projects that can be implemented in the near term and to identify a framework for the use of the Tax Increment Financing District funds that would be seen by the general community as a statement of renewed confidence and commitment to downtown. Public Participation Recognizing that an effective planning process must incorporate community involvement and participation, community input int❑ the planning process was accomplished by the following: 1. An extensive personal interview program with public, business and civic leaders, downtown businessmen and property owners by the RTKL team. 2. Workshop presentations with technical staff from city departments. 3. Workshop presentations to the CBD Steering Committee at the conclusion of each step ❑f the planning process. Strategic Goals & Objectives The term planning is applied to many different endeavors, and many types of documents have been called downtown plans. The Lubbock C.B.Q. Redevelopment Plan has been structured to include the necessary elements of a successful downtown plan: A strong physical plan that provides a strategic development framework based on a realistic assessment of downtown's future. An implementation strategy and action plan that identifies the roles ❑f key players, a revitalization schedule and possible resources for redevelopment. May 25, 1989 Page 341 Public commitments from city government that funds will be provided for essential improvements that can encourage private investment. Creation of a private downtown development entity able to coordinate public and private activities and organize downtown leaders. Identification of one or more "early action" demonstration projects that are vital to downtown and signify redevelopment to the larger community. Redevelopment Opportunities_ (see attached drawing) Based ❑n the findings of the market overview, site analysis and traffic volume projections, several overall revitalization strategies were developed for Downtown and the Overton area: Reinforce Broadway as the Strategic Development Corridor linking centers of activity Articulate and Reinforce Distinct Districts in downtown and Overton Improve and Maintain Regional Traffic Access Focus on Key Development Opportunities In a refinement of these strategies, the planning team identified several development opportunities that would become the basis for a Downtown Development Plan. 1. Campus Town - a retail center at Broadway and University that supports the Tech population and adjacent neighborhoods. 2. Overton Housing - private sector housing for students and faculty in North and South Overton. A non-profit land bank could be established through the downtown development entity to accept foreclosed or tax delinquent properties to aid in the land assembly. 3. Overton park - a north/south park system that organizes the Overton neighborhood into smaller, more manageable planning units while creating public open space. 4. Church Campuses - existing churches should expand programs to include day care, educational classes, retirement housing, etc., helping to stabilize the Overton Area. 5. International Cultural Center - the plan should support the center by encouraging shared parking and creating a "front door" presence on Broadway. 6. Multi -Use Arena - a 15-17,000 seat arena in northeast Overton for Tech basketball, concerts, convention center overflow, etc. 7. Mixed Use District - area at Avenue Q and Broadway (within walking distance of the Convention Center) that includes at least three different uses: a major office user, future convention hotel site, and support retail. 8. Broadway Reinforcement - establish Broadway as the strategic development corridor with a trolley shuttle, streetscape programs and links to other activity centers. 9. 13th Street Retail District - consolidate existing and new retail along 13th Street, and implement streetscape programs, angled parking, and continuation of the street from the IH-27 off ramp. May 25, 1989 Page 342 10. Trolley Square - a major outdoor open space fronting on Broadway that would serve as the trolley turnaround, transit center, and downtown events space. 11. Farmers/City Market - located adjacent to Trolley Square to take advantage of exposure to Broadway and IH-27 access, it could consist of open air sheds for produce sales and an enclosed pavilion for sales of other foods, other retail and restaurants. The Development Plan builds upon downtown's strengths while attempting to remedy problems which threaten its continued vitality. The plan envisions the Downtown Core area as a pedestrian friendly district that includes a distinctive new mixed -use hotel/office/retail center, revitalized retail shopping district along 13th Street, Trolley Square as a focus for redevelopment, and new generations of offices along Broadway between the Government Center and Avenue Q. The basic implementation strategy employs a leveraging concept where public: investments are made to trigger private redevelopment efforts. The City's role in plan implementation could include coordinating capital improvements programming, land assembly, and the provision of public: parking facilities as primary incentives for attracting private investment. The Downtown Committee's role could include aggressive and persuasive leadership, an active development packaging/recruitment program, and supervision of the creation ❑f a central management structure for downtown. The Development Plan is an ambitious but achievable plan. It is closely tied to the realities ❑f economic feasibility. It provides an agenda for both early action and long-range development opportunities and a phasing strategy that can be implemented one piece at a time. It will require further effort, commitment and initiative by the community to be implemented successfully. Its ultimate product will contribute positively to the economic well- being of the community, as well as rekindle a sense of civic pride and investor confidence in downtown. IMMEDIATE ACTION PROJECTS FILED WITH RESOLUTION #3104 EARLY ACTION DEMONSTRATION PROJECTS FILED WITH RESOLUTION #3104 The recently formed "Center Corp. of Lubbock" is a central city corporation which has been formed t❑ oversee development initiatives for the central core ❑f Lubbock. This resolution recognizes Center Corp. of Lubbock as the primary private sector group t❑ work with the City to implement the CBD Redevelopment Plan. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Maloy to authorize Resolution #3104 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48A-342-283 (21.) Consider Resolution #3105 authorizing the Mayor to execute on behalf of the City ❑f Lubbock a Lease for an Airport Outer Marker Site with Robert George Schmidt. RESOLUTION #3105 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 ❑n behalf of the City of Lubbock a Lease Agreement to be entered into by and between said City May 25, 1989 Page 343 (as Lessee) and Robert George Schmidt (as Lessor), attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 25th day of May, 1989. ATTEST: /s/ Janette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /sl Ed Buc Ed Bucy, Right -of -Way Agent THE STATE OF TEXAS COUNTY OF LUBBOCK /s/ B. C. McMinn _ B. C. McMINN, MAYOR APPROVED AS TO FORM: /sl Harold Willard Harold Willard, Assistant City Attorney KNOW ALL MEN BY THESE PRESENTS: LEASE AGREEMENT This LEASE AGREEMENT made and entered into and effective as of the 1st day of July, 1989, by and between ROBERT GEORGE SCHMIDT, whose address is 5405 16th Place, Lubbock, Texas 79416, for himself, his heirs„ executors, administrators, successors and assigns, hereinafter called the "LESSOR," and the CITY OF LUBBOCK, TEXAS, a Home Rule Municipality located in Lubbock County, Texas, hereinafter called the "CITY." WITNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and agree as follows: The LESSOR hereby leases to the CITY the following described property, hereinafter called the premises, viz: a tract of land more particularly described as follows: BEGINNING at the southeast corner of the southwest quarter of Section 28, Block D, Abstract 729, Lubbock County, Texas, which is near the center of the existing county road, proceed westerly along said county road a distance of 459 feet; THENCE proceed north 40 feet to the POINT OF BEGINNING; THENCE proceed west 100 feet to a point; THENCE north 55 feet to a point; THENCE east 100 feet to a point; THENCE south 55 feet to the POINT OF BEGINNING, said tract containing 5,500 square feet, more or less, as provided for in a Partition Deed dated 11 April 1969 and recorded in Volume 1200, page 559 of the Deed Records of Lubbock County, Texas. All bearings are true. It is the intention of the CITY to sublease and/or sublet the premises to the Federal Aviation Administration of the United States Government, hereinafter called the "FAA," at no cost to the FAA, as consideration for the services the FAA renders to Lubbock International Airport. LESSOR herewith consents to said subleasing and/or subletting arrangement between the CITY and the FAA by executing this Lease. And the right of grading, conditioning, installing drainage facilities, seeding the soil of the premises, and the removal of all obstructions from the premises which may constitute a hindrance to May 25, 1989 Page 344 the establishment and maintenance of air navigation and telecommunications facilities. And the right to make alterations, attach fixtures and erect additions, structures or signs, in or upon the premises hereby leased, which fixtures, additions, structures or signs so placed in or upon or attached to the said premises shall be and remain the property of the FAA and may be removed upon the termination of this Lease or within 90 days thereafter by or on behalf of the FAA, or its grantees or purchasers of said fixtures, additions, structures or signs. TO HAVE AND TO HOLD the said premises with their appurtenances for a term of five years and three months beginning July 1, 1989, and ending September 30, 1994. The CITY shall pay the LESSOR a total rental of ONE THOUSAND THREE HUNDRED TWELVE AND 50/100 ($1,312.50) DOLLARS payable in full upon execution of this Lease by both parties. WITNESS OUR HANDS AT LUBBOCK, TEXAS, this 30th day of May, 1989. ATTEST: Is Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Ed Bucy Ed Bucy, Right -of -Way Agent THE STATE OF TEXAS § COUNTY OF LUBBOCK § LESSOR Is1 Robert Georae Schmidt ROBERT GEORGE SCHMIDT LESSEE: CITY OF LUBBOCK Isl B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared B. C. McMINN, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed and in the capacity herein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 30th day of May, 1989. Isl 0livia R. Solis Notary Public, Lubbock County, Texas Commission expires 11-30-89 May 25, 1989 Page 345 THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared ROBERT GEORGE SCHMIDT, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 7th day of June, /s/ Edward Wilson Bucy Notary Public, Lubbock County, Texas Commision expires 11-21-91. This Outer Marker Site is located along the north side of Farm Road 1729 approximately one-half mile east of New Deal and contains Federal Aviation Administration navigational equipment used in conjunction with the Lubbock International Airport. The size of this Site is 55' by 100' and contains 5,500 square feet. The term of this Lease is for five years and three months, starting on July 1, 1989 and ending on September 30, 1994. The price of this Lease is $250 per year for a total of $1,312.50, payable upon execution of the Lease. Robert Schmidt is the owner of this tract of land which was originally leased for $200 beginning in 1980, but the property has exchanged hands and due to increased taxes and inflation, he has agreed to Lease it at $250. Staff recommended approval. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize Resolution #3105 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48,A-345-284 (22.) Consider Ordinance #9278 abandoning and closi portion of a Utilitv Easement in Lot 3, Camel on. ORDINANCE #i9278 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A UTILITY EASEMENT IN LOT 3, CAMELOT ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Previously a Blanket Garbage and Blanket Utility Easement was abandoned and closed on this same lot. The survey and title companies also discovered that the Payless Cashways Building (5921 West 34th Street) on Lot 3, Camelot Addition encroached on a previously dedicated 25' Utility Easement. The north -south building line of the west side of the main building encroaches into this easement 0.61' at the northwest corner and narrows down to 0.34' at the southwest corner. Total area of easement closure is 137.6 square feet. All utilities are in agreement and May 25, 1989 Page 346 the $150 application fee has been received from Payless Cashways. Staff recommended approval. Motion was made by Councilwoman Trejo, seconded by Mayor Pro Tem Baker to pass on first reading Ordinance #9278 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48A-346-285 (23.) Consider Ordinance #9279 abandoning and closing the easements dedicated by plat in Lots 1346 through 1433, in The Meadows Addition. ORDINANCE #9279 AN ORDINANCE ABANDONING AND CLOSING COMMON AREA, UNDERGROUND UTILITY EASEMENTS, GARBAGE SERVICE COLLECTION EASEMENTS, DRAINAGE EASEMENTS AND ACCESS EASEMENTS LOCATED IN LOTS 1346 THROUGH 1433 OF THE MEADOW'S, AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, EACH OF WHICH IS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This Ordinance abandons and closes all of the common access area, the Underground Utility Easements, Garbage Service Collection Easements, Drainage Easements, and Access Easements in The Meadows Addition, Lots 1346 through 1433. This area is located 733' west of Slide Road, east of Albany Avenue, south of 96th Street, and north of 9Bth Street. It was ❑riginally platted into townhouse lots with a common area for egress and ingress. This area is being replatted in 36 residential lots with new streets and alleys for utility service and egress. These closures are being requested by Hugo Reed for Lubbock Land Company. The $150 application fee has been Paid and the area being closed is less area than the new streets and alleys being dedicated. Some utility relocation will be involved. Staff recommended approval. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo t❑ pass on first reading Ordinance #9279 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. (24.) Consider a Resolution authorizing the Mayor t❑ execute a Street Use License for an underground cable to West Texas Microwave. This item was deleted from the agenda. 89-48A-346-286 (25.) Consider Resolution #3106 authorizing the Mayor to execute a Funding Agreement with Lubbock Regional Mental Health and Mental Retardation Center for Emergency Shelter Grant Allocation. RESOLUTION #3106 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 t❑ execute for and ❑n behalf of the City of May 25, 1989 Page 347 Lubbock an Emergency Shelter Funding Agreement by and between the City of Lubbock and the Lubbock Regional Mental Health and Mental Retardation Center, 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. /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 Sandy Ogletree /s/ Teresa J. Wright Sandy Ogletree, Community Teresa J. Wright, Assistant Development Administrator Trail Attorney EMERGENCY SHELTER FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND LUBBOCK REGIONAL MENTAL HEALTH AND MENTAL RETARDATION CENTER THE STATE OF TEXAS § COUNTY OF LUBBOCK § This Agreement is entered into this 25th day of May_, 1989, between the City of Lubbock, Texas, a home rule municipal corporation, hereinafter called "City" and Lubbock Regional Mental Health and Mental Retardation Center, a nonprofit agency of the State of Texas created at the request of a local government pursuant to Article 5547-2.03 Vernon Texas Civil Statutes (MHMR Act 1955, as amended), a political subdivision whose role is to perform public service in a particular field, hereinafter referred to as "Center". WITNESSETH: WHEREAS, the City is obligated to do and perform certain services -in its undertaking of an Emergency Shelter Grants Program pursuant to Subpart B of Title IV of the Stewart B. McKinney Homeless Assistance Act (Pub. L.I00-77); and WHEREAS, the Center is a nonprofit Center offering services to the homeless; and WHEREAS, the Center and the services it provides have been found to meet the criteria for funding under provisions 575.23(b) of the Emergency Shelter Regulation for Nonprofit Recipients; and WHEREAS, the renovation, major rehabilitation and conversion of facilities for the homeless, provision of essential services for the homeless, and the payment of maintenance, operation (excluding staff), insurance, utilities and furnishing are fundable by the Department of Housing and Urban Development; and WHEREAS, the provision of shelter and services to the homeless is the predominant purpose of the transaction; continuing supervision by the City together with statutory and contractual requirements provide sufficient assurance that this purpose will be accomplished; and an audit provides sufficient protection of the handling of public money; NOW THEREFORE, the City and Center do hereby mutually agree as f o 11 ows : May 25, 1989 Page 348 SECTION 1. AGREEMENT PERIOD This agreement shall commence on May 25, 1989, and shall terminate on February 23, 1990. SECTION 2. CENTER PERFORMANCE Center shall conduct, in a satisfactory manner as determined by City, an Emergency Shelter Grants Program pursuant to Subpart B of Title IV of the Stewart B. McKinney Homeless Assistance Act (Pub. L. 100-77), hereinafter referred to as the Act. Center shall perform all activities in accordance with the terms of the Performance Statement, hereinafter referred to as Exhibit A; the Budget, hereinafter referred to as Exhibit B; the Applicable Laws and Regulations, hereinafter referred to as Exhibit C; the assurances, certifications, and all other statements made by Center in its application for the project funded under this agreement; and with all other terms, provisions, and requirements set forth in this agreement. SECTION 3. CITY OBLIGATIONS A. In consideration of full and satisfactory performance of the activities referred to in Section 2 of this agreement, City shall be liable for actual and reasonable costs incurred by Center during the agreement period for performances rendered under this agreement by Center, subject to the limitations set forth in this Section 3. 1. It is expressly understood and agreed by the parties hereto that City's obligations under this Section 3 are contingent upon the actual receipt of adequate federal funds to meet City's liabilities under this agreement. If adequate funds are not available to make payments under this agreement, City shall notify Center in writing within a reasonable time after such fact is determined. City shall terminate this agreement and will not be liable for failure to make payments to Center under this agreement. 2. City shall not be liable to Center for any costs incurred by Center, or any portions thereof, which have been paid to Center or which are subject to payment to Center, or which have been reimbursed to Center or which are subject to reimbursement to Center by any source other than City or Center. 3. City shall not be liable to Center for any costs incurred by Center which are not allowable costs, as set forth in Section 5(B) of this agreement. 4. City shall not be liable to Center for any costs incurred by Center or for any performances rendered by Center which are not strictly in accordance with the terms of this agreement, including the terms of Exhibit A, Exhibit 8, and Exhibit C of this agreement. 5. City shall not be liable to Center for any costs incurred by Center in the performance of this agreement which have not been billed to City by Center within sixty (50) days following termination of this agreement. 6. City shall not be liable for costs incurred or performances rendered by Center before commencement of this agreement or after termination of this agreement. B. Center shall refund to City any sum of money which has been paid to Center by City which City determines has resulted in overpayment to Center, or which City determines has not been spent by Center strictly in accordance with the terms of this agreement. Such refund shall be made by Center to City within May 25, 1989 Page 349 thirty (30) working days after such refund is requested by City. C. Notwithstanding any other provision of this agreement, the total of all payments and other obligations incurred by City under this agreement shall not exceed the sum of Nineteen Thousand and no/100 Dollars ($19,000.00). SECTION 4. METHOD OF PAYMENT A. Center shall submit to City invoices for items purchased. City shall determine the reasonableness of each purchase and shall not make disbursement of any such payment until City has reviewed and approved each purchase. Payment of approved purchases will be made by the City directly to the supplier. B. Notwithstanding the provisions of Section 4(A) of this agreement, it is expressly understood and agreed by the parties hereto that payments under this agreement are contingent upon Center's full and satisfactory performance of its obligations under this contract. C. It is expressly understood and agreed by the parties hereto that any right or remedy provided for in this Section 4 or in any other provision of this agreement shall not preclude the exercise of any other right ❑r remedy under this agreement or under any provision of law, nor shall any action taken in the exercise of any right or remedy be deemed a waiver ❑f any other rights or remedies. Failure to exercise any right or remedy hereunder shall not constitute a waiver ❑f the right to exercise that ❑r any other right or remedy at any time. SECTION 5. UNIFORM ADMINISTRATIVE REQUIREMENTS AND COST PRINCIPLES A. Center shall comply with Office of Management and Budget (OMB) Circulars Nos. A-110 and A-112. B. The allowability of costs incurred for performances rendered hereunder by Center shall be determined in accordance with OMB Circular No. A-122. Notwithstanding any other provision of this agreement, City shall only be liable t❑ Center for costs incurred or performances rendered for activities specified in 24 CFR Sec. 576.21(a) (53 Fed Reg 30191 (August 10, 1988).) City shall not be liable to Center for costs incurred or performances rendered for any other activities, including but not limited to: 1. acquisition or construction of an emergency shelter for the homeless; 2. the cost of staff involved in overseeing the operation ❑f the shelter; or 3. rehabilitation services performed by City or Center's staff, such as preparation of work specifications, loan processing, or inspections; and 4. renovation, rehabilitation, or conversion of buildings owned by primarily religious organizations or entities, unless the conditions of 24 CFR 576.21(c)(2) are met. SECTION 6. CENTER'S MATCH A. Center shall be liable to City for providing an amount ❑f funds equal to the amount of funds provided by City under this agreement for performances hereunder. Such funds must be provided from sources other than under this agreement. This amount shall be referred to hereinafter as Center's match. May 25, 1989 Page 350 B. Amounts may be counted toward Center's match only if such amounts are costs or resources of a type specified by budget categories delineated in Exhibit B and only if such amounts are computed in accordance with this subsection. In calculating the amount of Center's match, Center may include the value of any donated material or building; the value of any lease on a building; any salary paid to staff of Center in carrying out the activities required under this agreement; and the time and services contributed by volunteers to carry out such activities, determined at the rate of $5 per hour. Center shall) determine the value of any donated material or building, or any lease using any method reasonably calculated to establish a fair market value. SECTION 7. RETENTION AND ACCESSIBILITY OF RECORDS A. Center shall comply with the retention and custodial requirements for records specified in Attachment C of OMB Circular No. A-110. B. Center shall give the United States Department of Housing and Urban Development, the Inspector General, the Comptroller General of the United States, and City, or any of their duly authorized representatives, access to and the right to examine all books, accounts, records, reports, files, and other papers, things or property belonging to or in use by Center pertaining to this agreement. Such right shall continue as long as the records are retained by Center. SECTION 8. REPORTING REQUIREMENTS A. Center shall submit to City such reports on the operation and performance of this agreement as may be required by City including, but not limited to, the reports specified in this Section B. B. Center shall furnish City with monthly financial statements of the project or services being funded under this agreement. Such statements shall contain all the information as may be requested by the Community Development Administrator regarding the performance of the Center's activities. C. Center shall submit to City an annual performance report. Such reports shall be in a format prescribed by City and shall include the amount of the funds obligated and expended for each of the three categories of eligible activities described in § 575.21(a)(1),(2) and (3). The initial annual performance report is required for the period ending December 31 following the execution of this agreement, and is due no later than 10 days after December 31. Center must continue to submit this report annually until all emergency shelter grant amounts are reported as expended. D. In addition to the limitations on liability otherwise specified in this agreement, it is expressly understood and agreed by the parties hereto that if Center fails to submit to City in a timely and satisfactory manner any report required by this agreement, City may, at its sole option and in its sole discretion, withhold any or all payments otherwise due or requested by Center hereunder. If City withholds such payments, it shall notify Center in writing of its decision and the reasons therefor. Payments withheld pursuant to this paragraph may be held by City until such time as the delinquent obligations for which funds are withheld are fulfilled by Center. May 25, 1989 Page 351 SECTION 9. MONITORING City reserves the right to perform periodic on -site monitoring of Center's compliance with the terms and conditions ❑f this agreement, and the adequacy and timeliness ❑f Center's performances under this agreement. After each monitoring visit, City shall provide Center with a written report of the monitor's findings. If the monitoring report notes deficiencies in Center's performances under the terms of this agreement, the monitoring report shall include requirements for the timely correction of such deficiencies by Center. Failure by Center to take action specified in the monitoring report may be cause for suspension or termination ❑f this agreement, as provided in Sections 17 and 18 of this agreement. SECTION 10. INDEPENDENT CONTRACTOR It is expressly understood and agreed by the parties hereto that City is contracting with Center as an Independent Contractor, and that Center, as such, agrees to hold City harmless and to indemnify City from and against any and all claims, demands, and causes ❑f action of every kind and character which may be asserted by any third party occurring or in any way incident to, arising out ❑f, or in connection with the services t❑ be performed by Center under this agreement, its use or occupancy ❑f the emergency shelter structure, or by the negligence of its agents or employees. Center shall give to City prompt and timely written notice of any claim instituted which in any way, directly or indirectly, contingently or ❑therwise, affects or might affect City, and City shall have the right to compromise and defend same to the extent of its own interests. The Center shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of the City. SECTION 11. SUBCONTRACTS A. Center shall only subcontract for performances described in this agreement to which the federal labor standards requirements apply after Center has submitted a Subcontractor Eligibility form, as specified by City, for each such approval, based on the information submitted, of Center's intent to enter into such proposed subcontract. Center, in subcontracting for any performances described in this agreement, expressly understands that in entering into such subcontracts, City is in no way liable to Center's subcontractor's). B. In no event shall any provision of this Section 11, specifically the requirement that Center obtain City's prior written approval of a subcontractor's eligibility, be construed as relieving Center of the responsibility for ensuring that the performances rendered under all subcontracts are rendered so as to comply with all of the terms of this agreement, as if such performances rendered were rendered by Center. C. City's approval under Section 11 does not constitute adoption, ratification, or acceptance of Center's or subcontractor's performance hereunder. City maintains the right to insist upon Center's full compliance with the terms of this agreement, and by the act of approval under this Section 11, City does not waive any right of action which may exist or which may subsequently accrue to City under this agreement. D. Center shall comply with all applicable federal, state, and local laws, regulations, and ordinances for making procurements under this contract, including Circular No. A-110, Attachment 0 Procurement Standards. May 25, 1989 Page 352 SECTION 12. CONFLICT OF INTEREST In addition to the requirements of OMB Circular No. A-110, Center shall ensure that no person who is an employee, agent, consultant, officer, or elected or appointed official of City or Center, who exercises or has exercised any functions or responsibilities with respect to activities performed pursuant to this agreement, or who is in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract, or agreement with respect to the activity or the proceeds of any contract, subcontract, agreement related to the activity, either for himself or herself or those with whom he or she has family or business ties, during his or her tenure or for one year thereafter. SECTION 13. LEGAL AUTHORITY A. Center assures and guarantees that Center possesses the legal authority to enter into this agreement to receive funds authorized by this agreement, and to perform the services Center has obligated itself to perform hereunder. B. The person or persons signing and executing this agreement on behalf of Center, or representing themselves as signing and executing this agreement on behalf of Center, do hereby warrant and guarantee that he, she or they have been duly authorized by Center to execute this agreement on behalf of Center and to validly and legally bind Center to all terms, performances, and provisions herein set forth. C. City shall have the right to suspend or terminate this agreement if there is a dispute as to the legal authority of either Center or the person signing this agreement to enter into this agreement or to render performances hereunder. Center is liable to City for any money it has received from City for performance of the provisions of this agreement if City has suspended or terminated this agreement for reasons enumerated in this Section 13. SECTION 14. LITIGATION AND CLAIMS Center shall give City immediate notice in writing of 1] any action, including any proceeding before an administrative agency, filed against Center arising out of the performance of any subcontract hereunder; and 2) any claim against Center, the cost and expense of which Center may be entitled to have reimbursed by City. Except as otherwise directed by City, Center shall furnish immediately to City copies of all pertinent papers received by Center with respect to such actions or claims. SECTION 15. SECTARIAN ACTIVITY None of the performances rendered by Center under this agreement shall involve and no portion of the funds received by Center under this agreement shall be used in support of any sectarian or religious activiity, nor shall any facilities used in the performance of this agreement be used for sectarian instruction or as a place of religious worship. SECTION 16. CHANGES AND AMENDMENTS A. Except as specifically provided otherwise in this agreement, any alternations, additions, or deletions to the terms of this agreement shall be by amendment hereto in writing and executed by both parties to this agreement. B. It is understood and agreed by the parties hereto that performances under this agreement must be rendered in accordance with the Act, the regulations promulgated under the May 25, 1989 Page 353 Act, the assurances and certifications made to City by Center, and the assurances and certifications made to the United States Department of Housing and Urban Development by the City with regard to the operation of the Emergency Shelter Grants Program. Based on these considerations, and in order to ensure the legal and effective performance of this agreement by both parties, it is agreed by the parties hereto that the performances under this contract may be amended in the following manner: City, on behalf of the Department of Housing and Urban Development, may from time to time during the period of performance ❑f this agreement issue policy directives which serve to establish, interpret, ❑r clarify performance requirements under this agreement. Such policy directives shall be promulgated by the U.S. Department of Housing and Urban Development, shall have the effect of qualifying the terms of this agreement, and shall be binding upon Center, as if written herein, provided however, that said policy directives shall not alter the terms of this agreement so as to release City of any obligation specified in Section 3 of this agreement to reimburse costs incurred by Center prior t❑ the effective date of said policy directives. C. Any alterations, additions, ❑r deletions t❑ the terms of this agreement which are required by changes in Federal law ❑r regulations are automatically incorporated into this agreement without written amendment hereto, and shall become effective ❑n the date designated by such law or regulation. SECTION 17. SUSPENSION Notwithstanding the provisions of Texas Civil Statutes, Article 601f, in the event that Center fails t❑ comply with any term of this agreement, City may, upon written notification t❑ Center, suspend this agreement in whole ❑r in part and withhold further payments t❑ Center, and prohibit Center from incurring additional ❑bligations of funds under this agreement. SECTION 18. TERMINATION A. City shall have the right to terminate this agreement, in whole or in part, at any time before the date ❑f completion specified in Section 1 ❑f this agreement whenever City determines that Center has failed to comply with any term ❑f this agreement. City shall notify Center in writing prior to the thirtieth (30th) day preceding the date ❑f termination of such determination; the reasons for such termination; the effective date ❑f such termination; and in the case ❑f partial termination, the portion of the contract t❑ be terminated. B. Either of the parties to this agreement shall have the right t❑ terminate this agreement, in whole or in part, when both parties agree that the continuation ❑f the activities funded under this agreement would not produce beneficial results commensurate with the further expenditure of funds; provided that both parties agree, in writing, upon the termination conditions, including the effective date ❑f such termination; and in the case of partial termination, the portion of the agreement t❑ be terminated. C. Upon termination or receipt of notice t❑ terminate, whichever occurs first, Center shall cancel, withdraw, ❑r otherwise terminate any ❑utstanding orders ❑r subcontracts related t❑ the performance ❑f this agreement or the part of this agreement t❑ be terminated, and shall cease to incur costs thereunder. City shall not be liable t❑ Center or to Center's creditors for costs incurred after termination ❑f this agreement. D. Notwithstanding any exercise by City of its rights ❑f suspension under Section 17 of this agreement, or ❑f early termination pursuant to this Section 18, Center shall not be May 25, 1989 Page 354 relieved of any liability to City for damages due to City by virtue of any breach of this agreement by Center. City may withhold payments to Center until such time as the exact amount of damages due t❑ City from Center is agreed upon ❑r is otherwise determined. SECTION 19. AUDIT A. City reserves the right to conduct a financial and compliance audit of funds received and performances rendered under this agreement. Center agrees to permit City, the U.S. Department of Housing and Urban Development, or their authorized representatives to audit Center's records and to obtain any documents, materials, or information necessary to facilitate such audit. B. Center understands and agrees it shall be liable to City for any costs disallowed pursuant to financial and compliance audit(s) of funds received under this agreement. Center further understands and agrees that reimbursement to City of such disallowed costs shall be paid by Center from funds which were not provided or otherwise made available to Center under this agreement. C. Center shall take such action t❑ facilitate the performance of such audit or audits conducted pursuant to this Section 19 as City or the U.S. Department of Housing and Urban Development may require of Center. SECTION 20. SPECIAL CONDITIONS A. Use as an Emergency Shelter 1. Any building for which emergency shelter grant amounts are used for one or more of the eligible activities described in 24 CFR 576.21 (a)(1) and (3) must be maintained as a shelter for the homeless for not less than a three-year period, or for not less than a 10-year period if the grant amounts are used for major rehabilitation ❑r conversion of the building. Using emergency shelter grant amounts for eligible activities in 24 CFR 576.21 (a) (2) does not trigger either the three- or ten-year period. 2. The three- and 10-year periods referred to in paragraph B(1) of this section begin t❑ run: aj In the case of a building that was not operated as an emergency shelter for the homeless before receipt of grant amounts under this part, ❑n the date of initial occupancy as an emergency shelter for the homeless. b) In the case of a building that was ❑perated as an emergency shelter before receipt ❑f grant amounts under this part, on the date that grant amounts are first obligated to the shelter. B. Building Standards Any building for which emergency shelter grant amounts are used for renovation, conversion, or major rehabilitation must meet local government code, safety and sanitation standards. C. Deadlines for Using Grant Amounts Center shall expend all funds provided under this agreement by February 23, 1990. May 25, 1989 Page 355 D. Religious Activities Center shall ensure that activities performed under this agreement shall be carried on in a manner free from religious influence. SECTION 21. ORAL AND WRITTEN AGREEMENTS A. All oral and written agreements between the parties to this agreement relating to the subject matter of this agreement that were made prior to the execution of this agreement have been reduced to writing and are contained in this agreement. B. The attachments enumerated and denominated below are hereby made a part of this agreement, and constitute promised performances by Center in accordance with Section 2 of this agreement. 1. Exhibit A, Performance Statement, 1 page 13 Exhibit B, Budget, 1 page 3. Exhibit C, Applicable Laws and Regulations, 2 pages For purposes of determining venue and the law governing this agreement, activities under this agreement are performed in the City and County of Lubbock, State of Texas. This agreement contains the entire agreement of the parties; and no representations, inducements or other covenants between the parties not included herein shall be of any force or effect. IN WITNESS WHEREOF, the City and the Center have executed this Agreement as of the first day above written. CITY OF LUBBOCK s B. C. McMinn B. C. MCMINN, MAYOR ATTEST: /s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is Sandy Ogletree Sandy Ogletree, Community Development Administrator APPROVED AS TO FORM: /sl Teresa J. Wright Teresa J. Wright, Assistant City Attorney LUBBOCK REGIONAL MENTAL HEALTH MENTAL RETARDATION CENTER Is1 Lynn McClendon CHAIRPERSON, BOARD OF DIRECTORS ATTEST: Is1 Jim Kinnand Secretary Is1 Gene Meneoee Executive Director May 25, 1989 Page 356 EXHIBIT A PERFORMANCE STATEMENT LUBBOCK REGIONAL MHMR CENTER Center shall carry out the following activities as described in its 1989 Emergency Shelter Grants program application: Section 1. Maintenance Operation, Insurance Utilities and Furnishings City shall provide a grant to the Lubbock Regional MHMR for the sum of Nineteen Thousand and No/100 Dollars ($19,000.00) for the purchase of kitchen appliances, living and bedroom furniture and on -site office equipment at a transition facility at 3801 Avenue J. Matching funds of Nineteen Thousand and No/100 Dollars ($19,000.00) shall be from the salary of a budget staff position. EXHIBIT B LUBBOCK REGIONAL MENTAL HEALTH AND MENTAL RETARDATION CENTER CATEGORY 1. Maintenace, operation (including rent, but excluding staff), insurance, utilities and furnishings. BUDGET Contract Funds Match Funds Total Source of Match $19,000.00 $19,000.00 $38,000.00 Staff Salaries The City of Lubbock has been awarded $36,000 in Emergency Shelter Grant Program funds from the U.S. Department of Housing and Urban Development. On April 27, 1989, the Lubbock City Council allocated $17,000 of the ESGP funds. The Council allocated $9,800 to Lubbock Regional MHMR Center's Alcoholism Program for the renovation of its residential facility at 1601 Vanda and $7,200 to the City of Lubbock's Community Services Department for rental assistance. Staff recommended the City Council consider the allocation of the remaining $19,000 in ESGP funds. The ESGP Subcommittee initially recommended that Lubbock Regional MHMR be awarded $28,800 in ESGP funds. Lubbock Regional MHMR Center's Mental Health Emergency Respite Program at 3801 Avenue J initially requested $19,000 in ESGP funds to be used toward the purchase of a transport van. The van purchase was reviewed by HUD and determined to be an eligible expense only as an "essential service" request. The federal regulations governing the Emergency Shelter Grant stipulate that only 20% of the total grant, or $7,200, for this program year, may be used for "essential service." The Mental Health Program of Lubbock Regional MHMR requested $19,000 in ESGP funds to purchase furnishings for the Emergency Respite Program located at 3801 Avenue J. The Respite Program provides shelter and support for persons with a psychiatric diagnosis who are experiencing a situational or psychiatric May 25, 1989 Page 357 emergency. The primary goals of the program are t❑ provide safe, sanitary shelter, continuity ❑f treatment for psychiatric conditions, and coordination of all necessary support and financial service available. The Respite facility provides accommodations for up to 12 persons. The maximum stay at the facility is 15 days, with an average length of stay three to five days. The current furnishings at the facility are in constant need of repair, creating high maintenance costs, and the anticipated remaining life expectancy is short. The purchase of new furnishings would provide the Emergency Respite Program with an attractive, clean and sanitary environment, which would have an extended life expectancy. The items being requested are all major kitchen appliances, living and bedroom furniture and on -site ❑ffice equipment. In order t❑ allocate funds t❑ a non-profit agency it is necessary that a Sub -Recipient Funding Agreement be executed by the City Council. The total of the request and the two previous allocations is equal to the $36,000 in Emergency Shelter Grant Program funds the City received. Staff recommended approval. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker t❑ authorize Resolution #3106 as recommended by Staff. Motion carried: 7 Yeas; D Nays. (26.) Consider Resolution authorizing the Mayor to execute a Contract with Wilbur Smith Associates to conduct a study of ten high accident intersections. This item was held until the June 8, 1989 City Council meeting. 89-48A-357-287 (27.) Consider Resolution #3107 authorizing the Mayor to sign Supplemental Agreement No. 1 to Lease N DOT-FA79SW-1177 with the FAA for Outer Marker Site. RESOLUTION #3107 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor ❑f the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City ❑f Lubbock a Supplemental Agreement No. 1 to Lease No. DOT-FA79SW-1177, entered into ❑n July 1, 1979, by the City of Lubbock and the United States of America, Federal Aviation Administration, which Supplemental Agreement No. 1 is attached herewith and shall be spread upon the minutes ❑f 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 25, 1989 Page 358 Passed by the City Council this 25th 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: /s/ Marvin Coffee /s/ Harold Willard _ Marvin Coffee, Director of Aviation Harold Willard, Assistant City Attorney DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION SOUTHWEST REGION FORT WORTH, TEXAS 76193-0056 Lease No. DOT-FA79SW-1177 Outer Marker Site Lubbock International Airport Lubbock, Texas SUPPLEMENTAL AGREEMENT NO. 1 THIS SUPPLEMENTAL AGREEMENT, made and entered into this 25th day ❑f May, 1989, by and between the CITY OF LUBBOCK, whose address is Lubbock International Airport, Route 3, Post Office Box 389, Lubbock, Texas 79401, for itself, its successors, and assigns, hereinafter called the Lessor, and the UNITED STATES OF AMERICA, represented by the Federal Aviation Administration, hereinafter referred to as the Government, WITNESSETH, That: WHEREAS, ❑n the 1st day of July, 1979, the parties heret❑ entered into Lease No. DOT-FA79SW-1177 for the consideration and purposes more particularly stated in said lease; and 'WHEREAS, the parties hereto mutually agree to extend the term of the lease for an additional 5 years and 3 months. NOW, THEREFORE, effective July 1, 1989, the parties hereto mutually agree t❑ amend the basic lease in the following particulars only, VIZ: 'The Lessor agrees to extend the term of the lease for an additional 5 years and 3 months beginning July 1, 1989, and ending September 30, 1994. ALL OTHER TERMS AND CONDITIONS of the basic lease are hereby ratified and except as amended hereinabove shall be and remain the same. May 25, 1989 Page 359 IN WITNESS WHEREOF, the parties hereto have subscribed their names as of the date first above written. CITY OF LUBBOCK sl B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO CONTENT: Isl Marvin W. Coffee Marvin W. Coffee, Director of Aviation UNITED STATES OF AMERICA sl Marcus L. Williams MARCUS L. WILLIAMS, CONTRACTING OFFICER APPROVED AS TO FORM: Is Harold Willard Harold Willard, Assistant City Attorney CORPORATE CERTIFICATE I, Ranette Boyd, certify that I am the City Secretary of the Corporation named in the foregoing agreement, that B. C. McMinn who signed said agreement on behalf of said corporation, was then Mayor thereof, that said agreement was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. Dated this 25th day of May, 1989. Isl Ranette Boyd Ranette Boyd, City Secretary CORPORATE SEAL The Outer Marker is part of the Instrument Landing System operated by the Federal Aviation Administration at LIA. The City provides the site for the placement of the Outer Marker, and the FAA has an Agreement to use this site. The current Lease expires June 30, 1989, and this supplement continues the Lease starting July 1, 1989 and ending September 30, 1994 to allow the Lease to coincide with the fiscal year. Staff recommended approval. Motion was made by Councilman Carpenter, seconded by Councilman Maloy to authorize Resolution #3107 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48A-359-288 (28.) Consider Resolution #3108 authorizing the _Mayor to sign Space Agreement for Airborne Express at the Airport. RESOLUTION #3108 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 Ramp Area Use Agreement by and between the City of Lubbock and ABX Air, Inc., for the priority use of ramp area adjacent to the Old 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. May 25, 1989 Page 360 Passed by the City Council this 25th day ❑f May, 1989. /s/ B. C. McMinn B.C. McMINN, MAYOR ATTEST: /s/ Ranette Boy Ranette Boyd, City Secretary APPROVED A:5 TO CONTENT: APPROVED AS TO FORM: s Marvin Coffee s Harold Willard Marvin Coffee, Director of Aviation Harold Willard, Assistant LUBBOCK INTERNATIONAL AIRPORT RAMP AREA USE AGREEMENT THE STATE OF TEXAS L COUNTY OF LUBBOCK L This Agreement is entered into at Lubbock, Texas, by and between the City of Lubbock, Texas, hereinafter referred to as "CITY"', and ABX Air, Inc., hereinafter referred to as "AIRBORNE". WITNESSETH: WHEREAS, CITY owns and operates a public airport designated as Lubbock International Airport and hereinafter called "Airport;" and WHEREAS, AIRBORNE desires to have priority use of approximately 30,000 square feet ❑f ramp area adjacent to the Old Terminal Building at the Airport for the purpose of conducting air express operations; and WHEREAS, the Airport Board of the City of Lubbock has approved and recommends that AIRBORNE be granted priority use of such ramp area for a term hereinafter designated; and WHEREAS, the City Council of the City of Lubbock accepts the recommendation of the Airport Board and finds that execution of this Agreement will properly serve the public interest of the citizens ❑f the City of Lubbock; ARTICLE I NOW THEREFORE, for and in consideration of the covenants and conditions herein contained and other valuable consideration, CITY hereby authorizes AIRBORNE to exercise the rights, powers and privileges hereinafter set forth and does hereby grant to AIRBORNE priority use ❑f 30,000 square feet ❑f ramp area adjacent t❑ the Old Terminal Building of the Airport, located in Lubbock County, the location of which is designated in yellow on Exhibit "A" attached hereto and incorporated herein by reference. 1.01. NONEXCLUSIVE. It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308(a) of the Civil Aeronautics Act. 1.02. PURPOSE. AIRBORNE's use ❑f said ramp area shall be for the sole purpose of conducting air express operations. 1.03. SIGNS. AIRBORNE shall have the right to place signs identifying its business on and in the Old Terminal Building at locations designated by the Director of Aviation of the City of Lubbock. Said signs shall be of a type, size and design approved in writing by the Director of Aviation. The installation of such signs May 25, 1989 Page 361 must comply with all applicable City Codes and shall be without cost to CITY. ARTICLE II TERM 2.01. The initial term of this Agreement shall be for a period of three (3) years commencing on the 8th day of Maly , 1989, and ending on the 7th day of May , 1992. However, AIRBORNE may renew this Agreement for an additional three (3) year term by giving the Director of Aviation of the City of Lubbock written notice of AIRBOR,NE's desire to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement. ARTICLE III FEES 3.01. RAMP USE FEE. In consideration of the rights and privileges herein granted, AIRBORNE shall pay to CITY an annual ramp use fee of ONE THOUSAND EIGHT HUNDRED SEVENTY-FIVE AND N01100 ($1,87'5.00) DOLLARS, which fee shall be payable in twelve equal monthly installments of ONE HUNDRED FIFTY-SIX AND 25/100 ($156.25) DOLLAR'S, prior to the tenth (loth) day of each month this Agreement is in effect. 3.02. LANDING FEES. In addition to the ramp use fee, AIRBORNE shall also pay CITY landing fees at the rate of $.50 per 1,000 lbs. of the approved maximum gross landing weight of each actual flight operated. As used herein, the phrase "approved maximum gross landing weight" shall mean the maximum landing weight for an aircraft approved b;y the Federal Aviation Administration for that aircraft. Not later than the fifth day of each month, AIRBORNE shall file with the Director of Aviation a report of AIRBORNE's actual landings at the Airport for the preceding month, which report shall include the number and type of aircraft making such landings. Upon receipt of such report, CITY shall transmit to AIRBORNE a statement of the landing fees incurred by AIRBORNE for the preceding month. Payment shall be made by AIRBORNE to CITY on or before the 25th day of the month in which such statement is transmitted. AIRBORNE shall further provide CITY with a summary of the approved maximum gross landing weights for each type of aircraft AIRBORNE operates at the Airport. 3.03. DEFAULT FOR FAILURE TO PAY FEES. If AIRBORNE fails to pay any fees due hereunder within thirty (30) days after CITY transmits a statement therefore to AIRBORNE, CITY may, at its option, upon fifteen (15) days written notice to AIRBORNE (unless in such fifteen (15) day period AIRBORNE shall have corrected such failure to pay) immediately or at any time thereafter, enter into and upon the ramp area or any part thereof in the name of the whole, and repossess the same without being deemed guilty of trespass. 3,04. PAYMENTS. All payments that become due and payable by AIRBORNE shall be made to the City of Lubbock at the office of the Director of Aviation, Lubbock International Airport, Lubbock, Texas, or as specified by the City Secretary. ARTICLE IV RIGHTS RESERVED TO LESSOR The following rights are reserved to CITY, and AIRBORNE agrees that all rights, powers and privileges granted under the terms of this Agreement shall be subordinated to CITY's rights as hereinafter stated. May 25, 1989 Page 362 4.01. AIRPORT HAZARDS. CITY reserves the right t❑ take action it considers necessary t❑ protect the aerial approaches ❑f the Airport against ❑bstruction, together with the right to prevent AIRBORNE from erecting or permitting the erection of any building or other structure ❑n the Airport which in the opinion of CITY would limit the usefulness of the Airport or constitute a hazard to aircraft. 4.02. AGREEMENT WITH UNITED STATES. During time of war or national emergency, CITY shall have the right to enter into an agreement with the United States Government for military or naval use of all or part ❑f the landing area, the publicly owned air navigation facilities, and other areas or facilities of the Airport. If any such agreement is executed, the provisions of this instrument, insofar as they are inconsistent with the provisions of the agreement with the Government, shall be suspended. 4.03. SUBORDINATION OF AIRBORNE'S RIGHTS. This Agreement shall be subordinate to the provisions of any existing or future agreement between the CITY and the United States pertaining to the operation and maintenance of the Airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal funds for the development of the Airport. 4.04. SUSPENSION OF AIRBORNE'S RIGHTS. All rights, privileges and interests acquired herein by AIRBORNE, at the option of CITY, following thirty (30) days written notice to AIRBORNE, may be suspended if such suspension is found by CITY, acting in good faith, to be necessary to secure federal financial aid for the development of the Airport, or further development of aeronautical operations thereon. ARTICLE V GENERAL CONDITIONS This Agreement is granted subject to the following provisions and conditions: 5.01. RULES AND REGULATIONS. In conducting its business, hereunder, AIRBORNE shall comply with all applicable laws of the United States of America and the State of Texas; the rules and regulations promulgated by their authority pertaining to aviation and air navigation, and all reasonable and applicable rules, regulations and ordinances of the City of Lubbock now in force or hereafter prescribed or promulgated by authority or by law. 5.02. IMPROVEMENTS OR ALTERATIONS. AIRBORNE shall not make, permit or suffer any additions, improvements or alterations to the ramp area without prior written consent of CITY. Any such additions, improvements or alterations made with the consent of CITY shall be solely at the expense of AIRBORNE and unless such consent provides specifically that title to the additions, improvements or alterations so made shall vest in AIRBORNE, title thereto shall at all times remain in CITY and such additions, improvements or alterations shall be subject to all terms and conditions of this instrument. 5.03. REMOVAL AND DEMOLITION. AIRBORNE shall not remove or demolish, in whole or in part, any improvements that already exist on the ramp area without prior written consent of CITY, which may, at its discretion, condition such consent upon the obligation of AIRBORNE to replace the same improvements specified in such consent upon termination of this Agreement. CITY shall not withhold consent unreasonably and shall not impose unreasonable conditions on its consent. 5.04. MECHANIC'S LIENS. AIRBORNE shall not bind or attempt to bind CITY for payment of any money in connection with installations, alterations, additions or repairs on the ramp area or any of AIRBORNE's equipment or facilities located on the ramp area and shall May 25, 1989 Page 363 not permit any mechanic's materialman's or contractor's liens to arise against the ramp area ❑r any improvements, equipment, machinery ❑r fixtures thereon belonging to CITY, and AIRBORNE expressly agrees that it will keep and save CITY harmless from all costs and damages resulting from any lien ❑r liens of any character created ❑r that may be asserted through any act or thing done by AIRBORNE. 5.05. DUTY TO DEFEND. In the event any mechanic's ❑r other liens or orders for payment shall be filed against the ramp area or improvements thereon, or the property of CITY located thereon, during the term of this Agreement, AIRBORNE shall within ten (10) days cause the same to be cancelled and discharged of record by bond or otherwise, at the election and expense of AIRBORNE, and shall also defend on behalf ❑f CITY, at AIRBORNE's sole cost and expense, any action, suit ❑r proceeding which may be brought for the enforcement of such liens or ❑rders. 5.06. CITY'S RIGHT TO INSPECT. CITY, acting by and through the Director of Aviation ❑r other designated representative, shall have the right to inspect the ramp area at all reasonable times during the term of this Agreement. 5.07. AIRBORNE'S DUTY TO REPAIR. Except as provided herein, any property of CITY, or for which CITY may be responsible, which is damaged or destroyed incident to the exercise of the rights or privileges herein granted, or which damage or destruction is occasioned by the negligence of AIRBORNE, its employees, agents, servants, patrons or invitees, shall be properly repaired or replaced by AIRBORNE to the satisfaction of CITY and its authorized representatives, or in lieu of such repair or replacement, AIRBORNE shall, if so required by CITY, pay CITY money in any amount deemed sufficient by CITY to compensate for the loss sustained or expense incurred by CITY by reason of the loss of, damage to, or destruction Of such property. 5.08. TRASH DISPOSAL. AIRBORNE shall at its sole expense provide a, complete and proper arrangement for the adequate sanitary handling and disposal, away from the Airport, of all trash, garbage and other refuse resulting from its business operations authorized by this Agreement. 5.0°. UTILITIES. AIRBORNE agrees to pay for all utility charges resulting from or connected with AIRBORNE's use of the ramp area., 5.10. TAXES AND LICENSES. AIRBORNE shall pay all taxes of whatever character that may be lawfully levied or charged upon AIRBORNE's use of the ramp area. AIRBORNE shall obtain and pay for all llicenses or permits necessary or required by law for the construction of any additional improvements, the installation of equipment and furnishings, and any other licenses necessary for the conduct of its business. 5.11. HOLD HARMLESS. AIRBORNE agrees to indemnify, defend and forever save CITY, its authorized agents, representatives and employees, harmless from and against any and all penalties, liability, annoyances or losses resulting from claims or court actions of any nature arising directly or indirectly out of any acts or omissions of AIRBORNE, its agents, servants, guests, employees or business visitors under this Agreement. 5.12. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE. AIRBORNE shall maintain at all times during the term of this Agreement, at its sole expense, insurance with an insurance underwriter acceptable to CITY and authorized to do business in the State of Texas, against claims of public liability and property damage resulting from AIRBORNE's business activities at the Airport. The amount of insurance coverage shall not be less than ONE HUNDRED THOUSAND DOLLARS ($100,000) for property damages as a result of any one event, or less than THREE HUNDRED THOUSAND DOLLARS ($300,000) for May 25, 1989 Page 364 personal injury or death of any one person in any one event, or less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) for personal injury or death of two or more persons in any one event. All policies shall contain an agreement on the part of the respective insurers, waiving the right of such insurers to subrogation. Certificates of insurance or other satisfactory evidence of insurance shall be filed with the City Secretary and an additional copy of such certificates given to the Director of Aviation prior to the commencement of the initial term of this Agreement. Each policy shall name the City of Lubbock as an additional insured as its interest may appear, require the insurer to notify the Director of Aviation of the City of Lubbock, Texas, of any alteration, renewal or cancellation, and remain in full force and effect until at least ten (10) days after such notice of alteration, renewal or cancellation is received by the Director of Aviation. 5.13. FIRE INSURANCE. AIRBORNE shall insure for fire and extended coverage risks all of AIRBORNE's improvements on the ramp area and shall keep such insurance in full force and effect during the entire term of this Agreement. Such insurance shall be in an amount equal to the full insurable replacement value of such improvements. All fire insurance policies shall contain loss payable endorsements in favor of the parties as their respective interests may appear hereunder, and an agreement on the part of the insurers waiving the right of such insurers to subrogation. AIRBORNE shall furnish three (3) copies of certificates of insurance or other satisfactory evidence of compliance with this provision to the City Secretary prior to the commencement of the initial term of this Agreement,. 5.14. WORKERS' COMPENSATION. AIRBORNE shall furnish to CITY satisfactory evidence that AIRBORNE carries Workers' Compensation Insurance in accordance with the laws of the State of Texas. 5.15. AIRBORNE SHALL VACATE. On or before the date of expiration of this Agreement, AIRBORNE shall, as required by CITY, vacate said ramp area, remove all property of AIRBORNE, and restore the ramp area and any improvements, facilities and equipment thereon to as good condition on such date of expiration as when received, ordinary wear and tear excepted. If, however, this Agreement is terminated pursuant to Article VI, AIRBORNE shall vacate the ramp area, remove said property, and restore the ramp area, improvements, facilities and equipment thereon as aforesaid within thirty (30) days following the date of such termination; provided, however, that AIRBORNE'S right to remove its property is subject to the condition that AIRBORNE has paid in full all amounts due and owed to CITY under this Agreement. If AIRBORNE shall fail or neglect to remove said property and so restore the ramp area, improvements, facilities and equipment included thereon on or before said expiration or within thirty (30) days of such termination, then at the option of CITY, said property shall either become the property of CITY without compensation therefor or CITY may cause such property to be removed, the ramp area, improvements, facilities and equipment included thereon to be restored at the expense of AIRBORNE, and no claim for damages against CITY, or its officers, agents or employees shall be created or made on account of such removal and restoration. 5.16. NONDISCRIMINATION. AIRBORNE, its agents and employees will not discriminate against any person or class of persons by reason of race, color, sex, religion or national origin in providing any services or in the use of any of its facilities provided for the public; nor small AIRBORNE discriminate against any person or class of persons on the basis of age in a manner that violates any prohibition against such discrimination under the Age Discrimination Act of 1975, 42. U.S.C. 115101 et seq. AIRBORNE further agrees to comply with such enforcement procedures as the United States might demand that CITY take in order to comply with the Sponsor's Assurances. May 25, 1989 Page 365 AIRBORNE agrees t❑ not discriminate against any employees or applicant for employment because ❑f race, color, age, sex, religion or national origin. AIRBORNE also agrees t❑ take affirmative action t❑ insure that applicants are employed and that employees are treated during employment without regard to their race, color, age, sex, religion or national origin. Such action shall include, but not be limited to, employment, upgrading, demotion or transfer, recruitment, layoff, rates of pay or other forms of compensation, and selection for training, including apprenticeship. AIRBORNE will also conduct its activities and operate its facilities in accordance with the requirements of Section 504 of the Rehabilitation Act of 1973, and will assure that no qualified handicapped person shall, solely by reason ❑f his or her handicap, be excluded from participation in, be denied the benefits ❑f, ❑r otherwise be subjected to discrimination, including discrimination in employment, under any program or activity of AIRBORNE. 5.17. WARRANTY OF NO SOLICITATION. AIRBORNE warrants that it has not employed any person employed by CITY to solicit or secure this Agreement upon any agreement for a commission, percentage, brokerage or contingent fee. 5.18. NO ASSIGNMENT. Except with prior written consent of CITY, AIRBORNE shall not assign any of its rights hereunder. N❑ such assignment made with CITY's consent shall affect AIRBORNE's obligations to make all required fee payments hereunder upon default ❑f any assignee. 5.19. WAIVER. The failure of CITY t❑ insist in any one or more instance upon performance of any of the terms or conditions of this Agreement shall not be construed as a waiver or relinquishment ❑f the future performance of any such terms or conditions, and AIRBORNE's obligation with respect to such future performance shall continue to be in full force and effect. 5.20. CITY'S RIGHT TO LEASE TERMINAL BUILDING. AIRBORNE agrees that CITY has the right to lease portions of the Old Terminal Building to any tenants as CITY desires. 5.21. DUTY TO PREVENT UNAUTHORIZED ACCESS TO THE RAMP AREA. AIRBORNE shall prohibit both unauthorized persons and vehicles from entering those Airport premises which AIRBORNE has priority use ❑f, and AIRBORNE agrees that in the event that a civil penalty or fine is levied against the Airport or City as a result of AIRBORNE's failure to comply or act in accordance with this provision or any other applicable federal, state or local statutes, ordinances, rules and regulations affecting the use, occupancy or operation of any of said premises, AIRBORNE shall immediately reimburse the Airport or CITY the full amount of the penalty or fine and correct the act or omission leading to, causing or contributing to the violation. ARTICLE VI TERMINATION This Agreement is subject t❑ termination for the reasons set forth below, provided that thirty (30) days written notice is given to the nonterminating party. 6.01. AIRBORNE'S RIGHT TO TERMINATE. AIRBORNE may terminate upon the happening of any of the following: A. The permanent abandonment of the Airport as an air terminal. B. The insurance by any court of competent jurisdiction of an injunction in any way preventing or restraining the use of the ramp area for at least thirty (30) days. May 25, 1989 Page 366 C. The breach by CITY of any of the terms, covenants or conditions of this Agreement to be kept, performed and observed by CITY, and the failure of CITY to remedy such breach for a period of sixty (60) days after written notice from AIRBORNE of the existence of such breach. D. The assumption by the United States Government, or any authorized agency ❑f same, of the operation, control ❑r use of the Airport and its facilities in such a manner as to substantially restrict AIRBORNE from operating under the terms of this Agreement, if such restriction is to continue or has continued for a period of three (3) months ❑f more. E. AIRBORNE ceases operations at the Airport for six (6) months after notifying the Director of Aviation ❑f the City of Lubbock in writing of the date on which AIRBORNE either has ceased operations or intends to cease operations. 6.02. CITY'S RIGHT TO TERMINATE. CITY may terminate upon the happening of any of the following: A. If AIRBORNE shall file a voluntary petition ❑f bankruptcy; or, if the proceedings in bankruptcy shall be instituted against AIRBORNE and it is thereafter adjudicated as bankrupt pursuant to such proceedings; ❑r if a court shall take jurisdiction of AIRBORNE and its assets pursuant to proceedings brought under the provisions ❑f any federal reorganization act; or if a receiver for AIRBORNE's assets is appointed under state ❑r federal law; or if AIRBORNE shall be divested of its rights, powers and privileges under this Agreement by other operation of law. B. If AIRBORNE shall abandon and discontinue operations under this Agreement. C. If AIRBORNE shall default in or fail to make any fee payments at the time and in the amounts required under this Agreement. D. If AIRBORNE shall fail to perform, keep and observe all of -the covenants and conditions contained in this Agreement to be performed, kept and ❑bserved by AIRBORNE. E. If AIRBORNE shall fail to abide by all applicable laws, ordinances and rules and regulations of the United States, State of Texas, City of Lubbock or Director of Aviation of the City of Lubbock. F. If CITY, acting in good faith, finds termination of the rights, privileges and interests of AIRBORNE acquired under this Agreement to be necessary to secure federal financial aid for the development of the Airport, or further development of aeronautical operations thereon. 6.03. FIRE DAMAGE. In the event the Old Terminal Building or ramp area for which AIRBORNE is herein granted priority use are damaged by fire or other accidental cause during the term ❑f this Agreement so as to become totally or partially unusable, CITY shall have the option to restore the premises to their former condition. If CITY exercises its ❑ption to restore the premises, CITY shall proceed with due diligence. If the damage is so extensive as to amount practically t❑ the total destruction ❑f the utility of the ramp area for the uses expressed in this Agreement, AIRBORNE's obligation to pay fees hereunder shall abate for the time and to the extent that the ramp area has been rendered unusable. Should CITY not exercise its option to restore the premises, this Agreement shall terminate, such termination to be effective ❑n the date of damage by fire or other accidental cause, and all fees due pursuant to this Agreement shall be apportioned t❑ that date. May 25, 1989 Page 367 ARTICLE VII MISCELLANEOUS PROVISIONS 7.01. NOTICES. Notices t❑ CITY provided for herein shall be sufficient if sent by certified mail, postage prepaid, addressed to the Director ❑f Aviation, Route 3, Box 389, Lubbock, Texas 79401, and notices to AIRBORNE., if sent by certified mail, postage prepaid, addressed t❑ Airborne Express, Inc., Airborne Air Park, 145 Hunter Drive, Wilmington, Ohio 45177, or to such other addresses as the parties may designate to each ❑ther in writing from time to time. 7.03. HOLDING OVER. In the event AIRBORNE continues its usage of the ramp area after the expiration of this Agreement, without any written renewal ❑r extension of this Agreement, such holding over shall not be deemed as a renewal or extension of the same, and may be terminated at any time by CITY. EXECUTED this 25th day of May, 1989. AIRBORNE EXPRESS, INC. CITY OF LUBBOCK, TEXAS BY:/s/ C. C. Vickers BY:/s/ B. C. McMinn _ C. C. Vickers B. C. McMINN, MAYOR ATTEST: ATTEST: Isl Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is Marvin Coffee Marvin Coffee, Director ❑f Aviation APPROVED AS TO FORM: Is Harold Willard Harold Willard, Assistant City Attorney Airborne Express desires to have priority use of 30,000 square feet of ramp area adjacent to the Old Terminal Building. The Agreement is for three years (from May 8, 1989 until May 7, 1992), with the option to renew for an additional three year term. Airborne will pay an annual ramp fee of $1,875 and also landing fees at the rate of $.50 per 1,000 pounds of the approved maximum gross landing weight of each flight operated. The Airport Board reviewed this Lease and recommended approval. Motion was made by Councilman Patterson, seconded by Councilman Maloy to authorize Resolution #3108 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. May 25, 1989 Page 368 89-48A-358-289 (29.) Consider Ordinance #9280 amending Section 23-15 of the Code of Ordinances regarding permits for removal of hazardous waste. ORDINANCE #9280 AN ORDINANCE AMENDING SECTION 23-15 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO PERMITS FOR REMOVAL OF HAZARDOUS, INFECTIOUS OR HARMFUL WASTE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Section 23-15 makes it unlawful for anyone to engage in the removal of solid waste without a permit from the Sanitation Department of the City of Lubbock. Since 1974, the City of Lubbock has permitted private haulers of solid waste to meet necessary requirements. The permit allows private haulers to collect commercial solid waste and refuse from family units, quadraplexes or larger. In response to new regulations issued by the Texas Department of Health regarding medical waste, private haulers of medical waste desire to solicit medical waste removal services in Lubbock, but these services must first be permitted by the City of Lubbock. It is important for medical facilities to have a disposal and transportation service available so that medical waste can be properly treated and packaged prior to disposal. This Ordinance was last amended in December, 1973 and Staff recommended that it be revised in view of the new standards. New Texas Department of Health regulations were effective April 4, 1989 to be enforced on or before April 4, 1990. They require special treatment, collection, transportation and disposal to be completed by individuals who have proper training and equipment in accordance with federal and state regulations. The Solid Waste Management Department does not have the expertise or the equipment to provide the service to organizations that produce medical waste. As a result of these new requirements, a new subsection regarding hazardous waste is being added to this section. Subsection K requires that an applicant for a permit to handle waste declared as hazardous, infectious, toxic or harmful by federal or state law must meet six additional requirements as follows: 1. The applicant must furnish proof of all necessary federal and state permits or licenses for the particular type of waste to be handled. 2. The applicant must furnish proof of insurance. 3. The applicant must provide the Department of Sanitation a map of the routes to be followed. 4. The applicant shall pay an additional annual permit fee of $25. May 25, 1989 Page 369 5. The applicant shall dispose of all waste in a legal and proper manner at the proper location for the type of harmful waste being handled. 6. The applicant shall not be required to accept all customers but only those customers with the type of waste for which the applicant has the proper expertise and licensing. Since the waste being collected can be harmful, the insurance coverage has been increased to cover potential accidental spills and t❑ cover the permitted company's employees with higher limits to workers camp coverage. In addition, violation of any provisions of the Ordinance shall be a misdemeanor punished by a fine not to exceed $200. Staff recommended that the ordinance be amended to add a new section under the permitting that would allow applicants seeking a permit for hazardous waste t❑ be permitted. Motion was made by Councilwoman Trejo, seconded by Councilman Patterson t❑ pass on first reading Ordinance #9280 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Staff was instructed by Council to notify private haulers of this amendment. 89-48A-369-290 (30.) Consider Resolution #3109 authorizing_ Lubbock Power and Light to reduce its electric rates. RESOLUTION #3109 ORDER AND RESOLUTION AN ORDER AND RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS, PERTAINING TO A RATE CHANGE APPLICATION FILED WITH THE CITY SECRETARY BY LUBBOCK POWER AND LIGHT. WHEREAS, Lubbock Power and Light heretofore upon May 18, 1989, filed an application with the City Secretary ❑f the City of Lubbock pertaining to an establishment of a change in rate schedules and tariffs with regard to restructuring the base rates; and WHEREAS, such changes are not major changes; and WHEREAS, such rates will decrease the average monthly bills of customers; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT Lubbock Power and Light may implement the requested changes in rates and tariff filed with the City Secretary of the City of Lubbock, a copy of which statement ❑f intent is attached hereto as Exhibit A, as of June 1, 1989. May 25, 1989 Page 370 Passed by the City Council this 25th day of May, 1989. ATTEST: Isl Ran Boyd _ Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /sl Catrrol l McDonald Carroll McDonald, Assistant City Manager of Utilities s B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Isl Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney STATEMENT OF INTENT FILED WITH RESOLUTION #3109 89-48A-370-291 (30A.) On May 18, 1989, Lubbock Power and Light filed its Statement of Intent to change electric rates with the City Secretary. This action was a result of Southwestern Public Service's filing on May 17, 1989 as rates for the two utilities have been basically the same since action by the City Council in 1983. The overall decrease for all classes of customers averages 1.15%. The largest reductions are for cotton gins, 6.09%; churches, 5.98%; and feed mills, 5.05%. The residential class will be reduced an average of 1.48%. The effective date of this rate change is June 1, 1989. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to authorize Resolution #3109 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. ulatory Authoritv. consider r and Resolut a ra uction Tor tneir At this time City Council recessed the meeting to convene as a regulatory body to make a decision regarding the proposed Order. RESOLUTION #3110 ORDER AND RESOLUTION WHEREAS, Southwestern Public Service Company has heretofore on May 17', 1989, filed a notice of intent to change rates with the City Secretary of the City of Lubbock; and WHEREAS, the City Council, sitting as a utility regulatory authority, has determined that such rate change is not a major change within the meaning of the Public Utility Regulatory Act; and WHEREAS, such rate change will result in a rate decrease for Southwestern Public Service customers within the City of Lubbock and the City Council deems it to be in the best interest of the customers of Southwestern Public Service to allow such proposed rate increase to go into effect within the City of Lubbock as requested; NOW THEREFORE: May 25, 1989 Page 371 BE IT ORDERED AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the rate change requested by Southwestern Public Service Company in its application of May 17, 1989, a copy of which is attached hereto as Exhibit A, is hereby established as of June 1, 1989, pursuant to Vernon's Ann.Civ.St., Art. 1446c. Passed by the City Council this 25th day of May, 1989. ATTEST: s Ranette Boyd Ranett:e Boyd, City Secretary APPROVED AS TO CONTENT: s Robert Massen ale Robert Massengale, Assistant City Manager RATE CHANGE FILED WITH RESOLUTION #3110 /s B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: s Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The proposed rate reduction from Southwestern Public Service is approximately a 1.3 % reduction. It is proposed to be effective June 1, 1989. Under the State laws regulating electric rates, a hearing is not required in this particular case because the rate change is not considered to be a major change. Since the City Council adopted the policy to adhere to Southwestern Public Service system rates and the PUC has ordered this rate reduction, City Staff recommended approval of this request. Staff recommended approval of the order. Motion was made by Councilman Carpenter, seconded by Mayor Pro Tem Baker to authorize Resolution #3110 as recommended by Staff. Motion carried: 7 Yeas; O Nays. 89-48A-371-292 ( 9.) ORDINANCE #9281--Zane ola a Public Hearing on request o erson [for Banner Upholstery]_ for ram C-2 to C-3 Specific Use [for ew ORDINANCE #9281 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGE: ZONE CASE NO. 2630; ZONING CHANGE FROM C-2 TO C-3 SPECIFIC USE PERMIT FOR AN UPHOLSTERY SHOP ON LOT 19, BLOCK 13, COLLEGE VIEW ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Stanley McPherson, owner of Banner Upholstery, appeared to request this change and informed Council that he was not aware this area was not zoned for type business. May 25, 1989 Page 372 89-48.A-372-293 (10.) The proponent moved his upholstery business from several doors down where the business was non- conforming and discovered that the use is not permitted in C-2. No ❑ne appeared in ❑pposition t❑ this request. Mayor McMinn closed the hearing. David Jones, Director of Planning, gave the adjacent land use relationships as follow: North - Single-family South - Commercial (C-2) East - Commercial (C-2) West - Commercial (C-2) According to Mr. Jones, the Comprehensive Land Use Plan indicates commercial along this portion of 34th Street and C-3 zoning is in place east of this location. Traditionally, C-3 is not strongly supported by the Staff in most areas in strip or narrow areas and is the reason the request is styled Specific Use - t❑ look at the acceptability ❑f this particular use. The Planning and Zoning Commission, based ❑n the history of this proponent in the same general 'area, recommended that this request be approved subject to the following condition: a. That it be limited to an upholstery shop and all ❑ther unconditional C-2 uses. The Staff recommended that the City Council uphold the Planning and Zoning Commission. Motion was made by Mayor Pr❑ Tem Baker, seconded by Councilman Carpenter t❑ pass on first reading Ordinance #9281, with Condition A, as recommended by P&Z and City Staff. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #9282 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2278-A; A ZONING CHANGE FROM A-1 TO R-1 SPECIFIC USE PERMIT FOR GARDEN HOMES ON LOTS 1346-1433, MEADOWS ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. David Goyette appeared ❑n behalf ❑f Lubbock Land Company t❑ request this change and als❑ to request that condition of P&Z which states "that a total setback for both sides ❑f the street shall add up t❑ a minimum of 50 feet", be removed. May 25, 1989 Page 373 The existing zoning is A-1 limited to townhomes. Because of loan conditions, the proponent desires similar development standards as allowed by the existing zoning, but as R-1 Specific Use for "garden homes". Those standards allow 15' setback, versus 25', except that garages must have a 20' minimum. No one appeared in opposition to this request. Mayor McMinn closed the hearing. David Jones, Director ❑f Planning, gave the adjacent land use relationships as follows: North - R-1 Vacant South - T Vacant East - C-2 Undeveloped West - R-1 Residential Mr. Jones stated that as residential and Specific Use, the proponent complies with the Comprehensive Land Use Plan. The proponent has submitted a plat for discussion of right-of-way width less than is authorized by the Subdivision Regulations. Staff recommended the proposal as R-1 Specific Use for Garden Homes. Additionally, the Staff remailed comment forms to adjacent owners describing how the request is amended to the Council from standard R-1. The Planning and Zoning Commission approved this request subject to the following condition: a. That the total setback for both sides of the street shall add up to a minimum of 50'. Mr. Jones stated that the design proposals had been tested and recommended Council approval of this request with removal of Condition A. Motion was made by Councilman Carpenter, seconded by Mayor Pro Tem Baker to pass on first reading Ordinance #9282, stipulating that Condition A be removed. Motion carried: 7 Yeas; 0 Nays. 89-48A-373-294 (11.) ORDINANCE #9283--zone Case #2631 (located 2314 50th Street) --Hold a Public Hearing on request of Dr. Randv C. Bullard. DVM. for zoning chance from clinic] on Lot 3b . Uoll1e mac Gna AC101tlon. ORDINANCE #9283 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 21531; A ZONING CHANGE FROM C-2A TO C-2A SPECIFIC USE PERMIT FOR A VETERINARY CLINIC ON LOT 35, DOLLIE MAC 2ND ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Dr. Randy Bullard, owner of veterinary clinic located at 2314 50th Street, appeared to present this request for zone change. May 25, 1989 Page 374 According to Staff memo, the City has had an excellent experience record with veterinary clinics that have requested Specific Use. No one appeared in opposition to this request. Mayor McMinn closed the hearing. David Jones, Director of Planning, gave the adjacent land use relationships as follows: North - R-1 South - Commercial East - Commercial West - Commercial The request conforms to the Comprehensive Land Use Plan. As far as zoning is concerned, veterinary clinics were assigned to the Specific Use Section in the 1975 Code revision due to concern for the potential for noise. The Codes Administration Department knows of no complaints for any of the requests that have been approved. Staff recommended that the City Council uphold the Planning and Zoning Commission. Motion was made by Councilman Carpenter, seconded by Mayor Pro Tem Baker to pass on first reading Ordinance #9283 as recommended by P&Z and City Staff. Motion carried: 7 Yeas; 0 Nays. 89-48A-374-295 (12.) ORDINANCE #9284--Zone Case #915- --Moia a c Use on Lots 9, 10, 10-A and north ercraft Office Park Addition. ORDINANCE #9284 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 915-B; A ZONING CHANGE FROM R-3 SPECIFIC USE TO C-2 ZONING ON LOTS 1), 10, 10-A & THE NORTH 6.61' OF LOT 12, BRIERCROFT OFFICE PARK ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Don Osborne, business owner at 010 Briercroft Office Park, appeared to present this request for a commercial school for Court reporters. No one appeared in opposition to this request. Mayor McMinn closed the hearing. David Jones, Director of Planning, gave the adjacent land use relationships as follows: North - Office Park South - Office Park East - Office Park West - Office Park May 25, 1989 Page 375 According to Mr. Jones, the Comprehensive Land Use Plan is not at issue since the area is built as a commercial service area. The Office Park was zoned under Specific Use for offices in 1964. The original and continuing intent is an office park, and the proposed use is within the context of the office park. The C-2 district allows "commercial schools, except mechanical or trade." Some commercial schools have a much larger attendance and diversity of hours of operation than the one requested at this site. Staff memo indicated they support this request, noting that open C-2 would be less than acceptable until the rest of the office park were being considered. Staff recommended a condition "C-2 limited to a commercial school and all Garden Office uses." The Planning and Zoning Commission recommended approval of this request subject to the following condition: a. That it be limited to a commercial school and all Garden Office uses. Staff recommended that the Council uphold the P&Z recommendation. Motion was made by Councilman Patterson, seconded by Councilman Carpenter to pass on first reading Ordinance #9284, with Condition A, as recommended by P&Z and Staff. Motion carried: 7 Yeas; 0 Nays. Councilman Carpenter stated his opinion that Staff should check with landowners about a proposed change to the park instead of considering individual zone change requests. Mr. Jones informed Council that this possibility was being discussed. 89-48A-375-296 (13.) ORDINANCE 9285--Zone Case #1515-B (located northwest corner of 50th Street and University Avenue) --Hold a Public Hearing on request of Burl W. Masters [for Hiah Plains Partners] Tor zoning con ORDINANCE #9285 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1515-B; A ZONING CHANGE FROM C-4 WITH CONDITIONS TO C-3 ZONING ON LOT B, CONE ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Burl Masters, appeared on behalf of High Plains Partners, to request this zone change. The property was zoned C-4, tied to a site plan, for a bank along with C-2 uses including clinics, hotels, offices, and apartments in 1967. The Plains Motor Bank was built within the guidelines of the original Site Plan, leaving the parcel within this request. The original conditions May 25, 1989 Page 376 89-48A•-376-Z97 (14.) significantly limit the development opportunities. No one appeared in opposition to this request. Mayor McMinn closed the hearing. David Jones, Director of Planning, gave the adjacent land use relationships as follow: North - A-M limited to offices South - Commercial East - Hospital West - Commercial Mr. Jones stated that this request is compatible with the Comprehensive land Use Plan, particularly with the condition that any change of zoning be tied to site plan review prior to a permit. The P&Z Commission also discussed a means to allow less front setback than would be required by the Code. The motor bank is set back 100', and any building on this site would have to meet that without relief specifically granted by the zone case. The Planning and Zoning Commission recommended approval of this request subject to the following conditions: a. That a Site Plan, including building elevations showing materials, color and texture shall be submitted and approved by the Planning and Zoning Commission prior to the issuance of a building permit. b. That the setbacks shall be a minimum of 43' on University Avenue and 84' on 50th Street. The Staff recommended that the City Council uphold the Planning and Zoning Commission. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker t❑ pass on first reading Ordinance #9285, with Conditions A and B, as recommended by P&Z and Staff. Motion carried: 7 Yeas; 0 Nays. ZONE CASE #1649-A (located 2401 Main Street)-- voitecn (Tor the uar) Tor zoning cnange Trom L-4 to C-4 Specific Use (for adult entertainment) on Ed Price, Attorney, appeared on behalf of Sam Ogan (Attorney representing Mr. vojtech) and asked Council for continuance in this case. He informed Council that Mr. Ogan had not received notification of Council continuance of the hearing on this date. Mr. Price further stated that since Mr. Ogan was in Dallas for an appointment, he had no information on the case May 25, 1989 Page 377 and was therefore not prepared to make a presentation. David Jones, Director of Planning, stated that a letter was sent notifying Mr. Vojtech of the continuance. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to continue this hearing until the June 8, 1989 City Council meeting at 10:30 a.m. Motion carried: 7 Yeas; 0 Nays. 89-48A-377-298 (31.) Consider Ordinance #9286 creating the position of ORDINANCE 09286 AN ORDINANCE CREATING THE POSITION OF CITY MARSHAL OF THE CITY OF LUBBOCK, TEXAS, PURSUANT TO SECTIONS 26.041 AND 141.004 OF THE LOCAL GOVERNMENT CODE OF THE STATE OF TEXAS AND ARTICLE 11, SECTION 5, OF THE TEXAS CONSTITUTION; PROVIDING FOR PERFORMANCE OF ASSIGNED DUTIES BY ONE OR MORE CITY MARSHALS; PROVIDING FOR PAY FOR ONE OR MORE CITY MARSHALS; AND PROVIDING A SAVINGS CLAUSE. 89-48A-377-299 (32.) A RESOLUTION PRISON FACILITY IN CORRECTIONS. Currently, the City of Lubbock warrant officers are commissioned by the Police Chief, and Staff advised that this may expose the City to considerable liability because the Police Chief does not supervise these employees. Staff advised further that the City could avoid that liability if the City Manager commissioned the Marshal and Deputy Marshals. This would eliminate questions as to the validity of the marshals' status and the authority to carry out the duties of a peace officer. According to TCLEOSE (The Governing Body of Law Enforcement Agencies in this State), Marshals and Deputy Marshals should be commissioned by the individual or authority who "hires and fires" them. This Ordinance gives the status of Marshal to the Warrant Officers in order for them to pursue their duties. Without that peace officer status, they are in effect operating without authority. Staff recommended approval of the Ordinance. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to pass on first reading Ordinance #9286 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Consider Resolution #3111 supporti or a prison RESOLUTION 03111 SUPPORTING THE CONSTRUCTION AND OPERATION OF A LUBBOCK COUNTY BY THE TEXAS DEPARTMENT OF WHEREAS, the City Council and the County Commissioner's Court participated in a joint meeting on May 11, 1989 to discuss and May 25, 1989 Page 378 evaluate the feasibility of applying to the Texas Department of Corrections for a prison facility to be constructed and operated in Lubbock County; and WHEREAS, the City Council and the County Commissioner's Court reached a consensus that additional prison locations are important for the public safety and economic well being of our State; and WHEREAS, the City Council and the County Commissioner's Court jointly agreed that Lubbock County should receive substantial economic benefits from a prison being located in our County; and WHEREAS, the City Council and the County Commissioner's Court have agreed that the City and the County should jointly pursue a State operated prison facility for our area for the purpose ❑f creating new jobs and diversification ❑f the local economy; and WHEREAS, the City Council and the County Commissioner's Court have agreed to fully support the application for a 2,250 bed maximum security unit and/or a 1,000 bed minimum security unit; and WHEREAS, the City Council and the County Commissioner's Court have jointly agreed to fully support the efforts by the Board ❑f City Development to secure a prison facility for Lubbock County; NOW THEREFORE:: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Board of City Development BE directed to make application to the Texas Department of Corrections for a prison facility in Lubbock County. SECTION 2. THAT the City and the County jointly, actively participate in and support efforts to secure a prison facility for our County. Passed by the City Council this 25th 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 Rod Ellis s Dennis W. McGill Rod Ellis, Business Liaison Officer Dennis W. McGill, Trial Attorney 89-48A-378-300 (33.) Motion was made by Mayor Pr❑ Tem Baker, seconded by Councilman Maloy to authorize Resolution #3111 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Resolution #3112 to slgn an Agreement between the L:1ty of Lubbock seum ❑f Texas Tech Un RESOLUTION #3112 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 t❑ execute for and ❑n behalf ❑f the City of Lubbock a Convention & Tourism Promotion Activity Agreement by and May 25, 1989 Page 379 between the City of Lubbock and The Museum of Texas Tech University, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail Passed by the City Council this 25th day of May, 1989. ATTEST: /s/ Ranette-Boyd _ Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s/ Rita Harmon Rita Harmon, Assistant City Manager STATE OF TEXAS L COUNTY OF LUBBOCK A /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney CONVENTION & TOURISM PROMOTION ACTIVITY AGREEMENT LUBBOCK LAKE NATIONAL ARCHAEOLOGICAL LANDMARK THIS AGREEMENT is entered into by and between the City of Lubbock, herein called "City", and The Museum of Texas Tech University, herein called "Museum". WITNESSETH WHEREAS, the City has heretofore adopted a hotel -motel room occupancy tax pursuant to V.T.C.A., Tax Code Sec. 151.101, et seq., as amended, for the purpose of providing funds for the enhancement and promotion of conventions and tourism in Lubbock; and WHEREAS, 1989 marks the 50th Anniversary of the initial excavations and the opening of a new multimillion dollar research and interpretation facility at the Lubbock Lake Landmark and State Historic Park; and WHEREAS, t❑ celebrate and publicize these events, a week-long series of events have been planned for October 1 through October 8, 1989, by the Museum and the Lubbock Lakesite Committee; and WHEREAS, it is anticipated that some 5,700 persons from throughout the United States will visit during the week of October 1 to October 8, 1989, and perhaps as many as 200,000 visitors will visit the Landmark annually hereafter; and WHEREAS, the Museum has requested that the City of Lubbock participate in the funding of certain costs related to the advertising of such event nation-wide, including the printing of brochures, flyers, announcements and posters; and postage costs for said printed materials; and WHEREAS, the City Council of the City of Lubbock has determined that such activities by the Museum and the Lubbock Lakesite Committee will Ibe a significant activity in the attraction of tourists and visitors to the City of Lubbock both during the event and thereafter; and WHEREAS, the City is authorized by statute to select and contract with organizations in the performance of activities such as these promoting conventions and tourism for the City of Lubbock; NOW THEREFORE: May 25, 1989 Page 380 THE PARTIES hereto d❑ agree as follows: THAT the City will, and does hereby allocate and agree to provide $12,500.00 to the Museum for use in accordance with this Agreement and the letter from Mr. Gary Edson, director of the Museum, dated April 25, 1989, which is attached hereto as Exhibit A; and THAT the money will only be used or disbursed by the Museum for those purposes stated herein and in Exhibit A hereto pertaining to printing and postage for printed materials promoting said anniversary celebration and opening of new facilities at the Lubbock Lake National Archaeological Landmark and State Historic Park; and THAT following receipt and disbursement of the funds provided for by this Agreement, the Museum shall furnish the City a final report. as to expenditure of said funds and including evidence that such disbursements were in accordance with this Agreement; and THAT such final report shall indicate the number of visitors attending the events celebrating the 50th Anniversary and completion of new facilities at the Landmark during the week of October 1 to October 8, 1989. EXECUTED this 25th day of May, 1989. THE MUSEUM OF TEXAS TECH UNIVERSITY: s Garry Edison Gary Edison, Director ATTEST: Secretary CITY OF LUBBOCK: /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd _ Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Ls/ Rita Harmon Rita Harmon, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney In work session on May 11 the City Council discussed a request from the Lubbock Lake Site Committee for the City of Lubbock to provide financial assistance in the amount of $12,500 to help defray expenses for a week-long series of events to celebrate the 50th anniversary of the Lubbock Lake Site excavation and the opening of the interpretative center and research facility. These festivities are scheduled for October 1-8, 1989. It was proposed that the funds for this request be provided from the "special projects for promotions" reserve account funded by the hotel/motel tax. There are sufficient funds in this reserve account to accommodate this request. The proposed Agreement between the City of Lubbock and the Texas Tech Museum provides that the $12,500 shall be spent for printing, postage, publicity and posters in accordance with an April 25, 1989 letter from Dr. Gary Edson, Director of the Texas Tech Museum, to Mayor McMinn and the May 25, 1989 Page 381 letter from Dr. Edson is to be attached t❑ and made part of the Agreement. The Agreement provides that the Museum shall furnish the City a final report as to the expenditure ❑f these funds and including evidence that such disbursements were made in accordance with the Agreement. Motion was made by Councilman Carpenter, seconded by Councilwoman Trejo to authorize Resolution #3112 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48A-381-301 (34.) BID #10194--Annual pricing for barricade equipment (Water Utilities) Lubbock Grader Blade Co.--350 24" Folding barricades; 25 Sawhorse barricades; 300 Barricades lights. Motion was made by Councilman Phillips, seconded by Councilman Patterson to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 89-48A-381-302 (35.) BID #10071A--Peripheral Equipment for Mainframe Computer (Information Services). Beach Financial Corporation, Clearwater, FL--2 IBM 3380-BD4 DASD. McDonnell Douglas Capital Corp., Scottsdale, AZ-- 1 IBM 3380-AD4 DASD. Motion was made by Councilman Phillips, seconded by Councilman Patterson to authorize low bids meeting specifications. Motion carried: 7 Yeas; D Nays. 89-48A-381-303 (36.) BID #10200--Natural gas boiler fuel and authorize same (Electric Producti_o� RESOLUTION #3113 BE IT RESOLVED 8Y 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 ❑n behalf of the City ❑f Lubbock a Contract by and between the City ❑f Lubbock and Adobe Gas Pipeline Company for 370,000 MCF natural gas boiler fuel, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes ❑f this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. May 25, 1989 Page 382 Passed by the City Council this 25th day of May, 1989. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED A'5 TO CONTENT: s 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: s Harold Willard Harold Willard, Assistant City Attorney THIS AGREEMENT, made and entered int❑ this 25th day of May, 1989 by and between the City of Lubbock, County of Lubbock, State ❑f Texas;, acting by and through B.C. McMinn, Mayor, thereunto authorized to do so, hereinafter referred t❑ as OWNER, and Adobe Gas Pipeline Company of the City of Midland, County of Ector, 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 ❑f certain improvements described as follows: BID NO. 102"00 - Approximately 370,000 MCF natural gas boiler fuel in in the amount of $1.74 per MMBTU 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 t❑ 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 to make payment on account thereof as provided therein. May 25, 1989 Page 383 IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Ranette Boyd Secretary APPROVED AS TO CONTENT: /s/ Gene Eads ATTEST: Secretary COMPLETE ADDRESS: Adobe Gas Pipeline Company 300 W. Texas, Suite 1100 Midland, Texas, 79701-4548 CITY OF LUBBOCK, TEXAS (OWNER) /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: ADOBE GAS PIPELINE COMPANY CONTRACTOR By: TITLE: Adobe Gas Pipeline Co.--Approx. 370,000 MCF natural gas boiler fuel. Motion was made by Councilman Phillips, seconded by Councilman Patterson to authorize Resolution #3113 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48A-383-304 (37.) BID #10196--Chip spreader (Streets). Conley -Lott Nichols Machinery Co.--1 Propelled chip spreader as per Spec. 913. Motion was made by Councilman Phillips, seconded by Councilman Patterson to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 89-48.A-383-305 (38.) BID #10133--Paint supplies(Community Development). Glidden Paint & Wall Covering--600 Wire brush; 600 Paint brush set; 600 gl exterior primer; 3,600 gl. exterior paint. (Awarded "all or none" in order to designate single location for CD clients to obtain paint -up materials.) Motion was made by Councilman Phillips, seconded by Councilman Patterson to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. May 25, 1989 Page 384 (39.) 89-48A-384-306 (40.) 89-48A-384=307 (41.) 89-48A-384-308 (42.) 89-48A-384-309 (43.) Ave session on scuss appointments to: Lubbock Municipal Arts Committee 1990 Complete Count Committee Board of Appeals Civic Centers Board Consider one appointment to the Lubbock Municipa Arts Committee to replace Alice Moreno Kerr who clined her appointment. (term expires Motion was made by Councilman Phillips, seconded by Councilman Patterson to appoint Al Couch to fill the unexpired term ❑f Alice Kerr on the Lubbock Municipal Arts Committee. Motion carried: 7 Yeas; 0 Nays. r two aDDoin unt committee to replace Dr. lim Leslie wn❑ s aopoin re .June su . 193u . It was consensus of Council not to make these replacements on the 1990 Complete Count Committee. intments t❑ the replace Raymond Powell and lerry Lchols. rms expire June 1. 1989.) Motion was made by Councilman Phillips, seconded by Councilman Carpenter to reappoint Raymond Powell and Terry Echols to the Board ❑f Appeals. Motion carried: 7 Yeas; 0 Nays. Consider one appointment to the Civic Centers Board to represent Texas Tech University.. Motion was made by Councilman Phillips, seconded by Councilman Patterson to appoint Dr. Jerry Ramsey on the Civic Centers Board. Motion carried: 7 Yeas; 0 Nays. The Mayor and Members of the City Council commended the work of Jon Hubbard, Administrative Assistant, who is leaving employment with the City of Lubbock. May 25, 1989 Page 385 There being no further business to come before the Council, motion was made by Councilman Patterson, seconded by Councilman Maloy to adjourn the meeting at 11:22 a.m. Motion carried: 1 Yeas; C Nays. /B=.�C. MCMINN, MAYOR 1. Ranet,e Boyd, City Secret y READ AND APPROVED THIS 8TH DAY OF JU NE, 1989. C C. McMINN, MAYOR 3ne o Boyd, City Secreta y SECOND READINGORDINANCES ORDtNANCE NO.7777 AAN OROINANCS ABANDON- ItSG NW CLbSiE�G A PORTION qF A PUBLIC RIGHT-CF-WAY R� 1 4 3 �AD.1 CENT TO LOT 3. FOUR i ACRES ADDITION Tb THE CITY OF LUBBOCK. LUBBOCK COUN' h'AS I LV DESCRInBED IINRE RTHE OCK FTH15DRflINANCE:DI-�rri�fldexING THE CITY ENGINEER a Notary Public in and for Lubbock County. Texas on this day ARK THE OFFICIAL MAPS HE CITY OF LUBi1DCK TO s+ECT SAID ABA?JDONING -----Tryj, A- F1 AGcuVn` Manage of the Sout western ewspa- 6L;°c�AusERDallo aablishers of the Lubbock Avalanche -Journal -- Morning, Evening and Sunday, who dGPDRPUBLICATION. ❑rn did depose and say that said newspaper has been published continuously far more 013INANCE NO.n?3 prior to the first insertion of this :,,,_`egol b1GTJ_r• AN DFOi.AANCE ABANDON• No. 506@05 at Lubbock County, Texas and the attached print - AND CLOSING PORTIOtiSa l�Q+tCe1ST STREET AS MORE PAR' ! N C i is a true copy of the origin 1 and was printed in t Lubbock LBODy OFARLY STHI SE ORDI� Z the followingdates: may YANCE: DIRECTING 7HE CITY E ;dGINEER TO hM1ARK THE ❑F- FICIAL MAPS OF THE CITY — LUB$OCK TO REFLECT SAID ABANDONMENT A ANDCSVINGj NCS 1 PROVIDING A ` CLAUSE: AND PROVIDING FOR l wv aUc I FRAI`7CF_ H� R� P I1gLICAtIDN. � ,�f�l S �fAN0F2 R-131 77 ,rP= i N4. t3r: Pi:6ii; , F1!aEq C17exd5 [:ummissian FxVires 7-6-91 x Account Manager �,.�+• FarsL LUBBOCK AVALANCHE -JOURNAL , Southwestern Newspapers Corporation Subscribed and sworn to before me this _JA— day of .11Jne . i9_8SL FORM 58-10 R -116 THE STATE OF TEXAS COUNTY OF IUBBOCK Before merrances Hernandez Notary P tic in and for Lubbock County, ' personally appeared T.J. Au i 9 �ccount anage r of the Sout] pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning. Evening being by me duly sworn did depose and say that said newspaperhasabgenN o tli C ed conti than fifty-two weeks prior to the first insertion of this ed copy of the Legal Notice No.506225 at Lubbock County, Texas and t is a true copy of the original and was print Avalanche -Journal on the following dates: may lot 1989 353 Words {a .46 = $162.38 C Account Nl nager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 17 t hday of May 19 89 FORM 58-10 CITYC.OF D=M HEARING NOTICE is hereby given to All in. forested persons as provided by law. that the City Covncii will hold a Public hearing on May 25, f9e9, a} 1p:3D A.M., in the City Council Chambers, 1625 13th Street, Lob. bock. Texas, to com War the recom- mendations of the Planning and ZOn Ing Commission that she Zoning Ordinance 70M be amended to amend sections Of Said Zoning or- dinance as described Wow; and at which time and place all interested Persons will be given an opporhMi. ty to be heard, after which hearing fhe City Cbuncll wiil defermine, whether the ZdnTng Ord(naace will be amended in accordance with such recommendalIon: ZONE CASE NO. MW Requess of Stanley B. McPherson (for Banner Upholstery) for Mning charge from C-2 to C-3 Specific Use (for an uPhOlstery bhop) On Lot 19. Block 13, College View AddI6 ion (2946 3tth Srmt), ZONE CASE NO. nMA: Request of David Guyette [for Lubbock Land Company) for inning change from A-) to R-f on Lots 1W - 1433, Wadows Addition (north of 991h Streel and out of Albany A onw). ZONE CASE No, 1H9-A: Request Of Stanley J. Vditech (For the Bar) for zoning Change from C-4 to C-4 Sk—I(e Use (for adult entertain. ment) on Lots 1 and 2. Block 99, Overton Addition (2I01 ASIin Sheet}- (Planning and Zoning Commission denied the request alp recommended the property be rp zoned to C-2). IONS CASE NO. 2"1- Request of RaToy C. Buliard, DVM, for zoning change from C.2A to C-2A Specific Use (fora veferirary clinic) on Let 25. Dollie ASac 2nd Addition M314 Mth Street). ZONE CASE No.915.0 Reg1>Qa} of Don Osborne for Zoning change from R 3 Specific Use to C-2 an Lots 9. 10, 10-A and north 6.61' Of Lot 12, Briercrdit office Park Addi. Pion (#10 Briercrofl office Park [S71h Streel and Avenue O). IONE CASE NO, 151&g. Raquel} Of Burl W. Masters {for High Plains Partners) for zoning chang t from CJ with condittgns to Ca on Lof it, Cane Addition (norThweSt corner of SUM Slreef and Unfveral. tv Avenue). R-116