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HomeMy WebLinkAboutMinutes - City Council - Regular - 6/22/1989437 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING JUNE 22, 1989 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 22nd day of June, 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 Bill Maloy, Councilman George Carpenter, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr., and City Secretary Ranette Boyd. Absent: Councilman Gary Phillips and Councilwoman Maggie Trejo. Mayor McMinn called the meeting to order at 10:00 A.M. The Invocation was given by City Secretary Ranette Boyd. [ 2.} The Pledge of Allegiance was given in unison by those in the Council Chambers. ZONE CASE #1658-B (located south side of Main Street - Avenue X to University Avenue) --Hold a Public Hearing on request of Planning and Zonin Commission for zoning change from C-4 to C-2 on Lots 1-12, Block 99, Overton Addition, and consider Ordinance. Mayor McMinn announced that due to the absence from the meeting of Councilmembers Trejo and Phillips, and the further fact that a 6/7 vote would be required to overrule the recommendation of the Planning and Zoning Commission, it would be necessary that this Public Hearing be continued to a future Council meeting. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to continue hearing for ZC #1658-8 until the July 27, 1989 City Council meeting. Motion carried: 5 Yeas; 0 Nays. Motion was made by Councilman Patterson, seconded by Councilman Maloy to approve the Minutes of the June 8, 1989 Regular City Council meeting as written. Motion carried: 7 Yeas; 0 Nays. ( 4.) Board Appointments 89-48A-437-348 ( 5�.) Jerry Bynum will appear on behalf uest a LouaspeaKer Fermit Tor July 4, 1itsy 1n conlunction with the First Annual Old Time Church Family Festival. John Rantz, representing St. Luke United Methodist Church, appeared to request a June 22, 1989 Page 438 Loudspeaker Permit for Tuesday, July 4, 1989 from 10:00 a.m. until 7:00 p.m. at St. Luke Methodist Church (3717-44th) in conjunction with the "First Annual Old Time Church Family Festival". According to Staff memo, a choir will provide entertainment for this festival and loud -speakers will not be facing occupied homes. Mr. Bynum has obtained the necessary signatures from residents and businesses in the area with no negative responses, and has met the requirements of the Ordinance regarding Loudspeaker permits. Council approval is necessary because this event will be conducted in a residential area. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Carpenter to approve issuance of Loudspeaker Permit to St. Luke Methodist Church as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. 6.} David Montemayor will appear to request t❑ operate horse-drawn carriages in the Lubbock. under Vehicles for Hire Sectio This item was deleted from the agenda. 89-48A-438-349 ( 7.) Representative of the Airport Board will appear_ to present recommendation regarding Lease Agreement with Southwest Airlines, and authorize same. RESOLUTION #3128 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City ❑f Lubbock BE and is hereby authorized and directed to execute for and on behalf ❑f the City of Lubbock an Airline Lease Agreement with Southwest Airlines Co., 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 22nd day of June, 1989. ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s Marvin Coffee Marvin Coffee, Director of Aviation EMENT IS S /s/ B. C. McMinn B.C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney June 22, 1989 Page 439 CERTIFICATED PASSENGER AIRLINE LEASE Lubbock International Airport Lubbock, Texas THIS LEASE AGREEMENT, made this 22nd day of June, 1989 by and between the City of Lubbock, Texas, (hereinafter referred to as "City"), and Southwest Airlines Co., a corporation incorporated under the laws of the State of Texas, with its principal office at Dallas, Texas (hereinafter referred to as "Lessee"). WTTNFSSFTH WHEREAS, City owns and operates Lubbock International Airport, located in Lubbock County, Texas, (hereinafter referred t❑ as "Airport");; and WHEREAS, Lessee is engaged in the business of air transportation of persons, property and cargo, and is certificated by the Federal Aviation Administration t❑ provide such services through Lubbock International Airport; and WHEREAS, City als❑ owns and ❑perates a terminal building at said Airport, which has been expanded and remodeled to provide additional space for airline ticketing and operations facilities; and WHEREAS, City and Lessee executed an agreement on ❑r about April 28, 1977, in which Lessee agreed t❑ lease from City space and facilities in the terminal building sufficient to enable Lessee to conduct its business of air transportation at the Airport; and WHEREAS, Lessee has in effect been a hold over tenant at the Airport since the term of said agreement executed on or about April 28, 1977, as subsequently modified, expired on November 8, 1985; and WHEREAS, City and Lessee both desire to execute a new lease agreement whose terms and conditions are substantially comparable to the terms and conditions contained in leases executed by similarly situated air carriers that are tenants at the Airport; NOW THEREFORE, for and in consideration of the mutual covenants hereof, City hereby leases t❑ Lessee and Lessee hereby hires and takes from City certain exclusive premises (hereinafter called "Exclusive Leased Premises"), and certain non-exclusive use premises, facilities;, rights and privileges in connection with and on the Airport, as hereinafter described, upon the terms and conditions that follow: ARTICLE I DEFINITIONS Section 1.01 - Definitions. The following words, terms and phrases whenever used in this Lease shall, for the purposes of this Lease, have the following meanings: Adequate heating and air conditioning facilities - those heating and air conditioning facilities necessary to maintain a more or less constant reasonable temperature throughout the terminal building. Approved maximum gross landing weight - the maximum landing weight for an aircraft approved by the Federal Aviation Administration for that aircraft. Certificated Passenger Air Transportation Company - for the purpose of this Lease shall be used interchangeably with the term "air carrier" and shall mean any commercial air carrier who on a regularly scheduled basis transports passengers, baggage and cargo either to or from the Airport. June 22, 1989 Page 440 Classification of air carriers - for the purpose of establishing different classes of air carriers as tenants at the Airport, the following classifications shall control: (a) standard long-term tenant - a Certificated Passenger Air Transportation Company which has a long- term lease with the City. (b) standard short-term tenant - a Certificated Passenger Air Transportation Company which has a short- term lease with the City. (c) month -to -month tenant - a Certificated Passenger Air Transportation Company that conducts business at the Airport but which has neither a standard long-term lease nor a standard short-term lease with the City. Director of Aviation - the Director of Aviation ❑f the City of Lubbock or his designated representative. Enplaned Passenger - any person that initially boards an airplane at the Airport ❑r any person that leaves an airplane and reboards an airplane at the Airport. Federal Aviation Administration - the Federal Aviation Administration created by the Federal Government under the Federal Aviation Act of 1958, ❑r such ❑ther Federal Government authority as may be the successor thereto or be vested with the same or similar authority. Ordinance - a legislative act enacted by the City Council of the City of Lubbock, Texas. Public airport facilities - include, but are not limited to, approach areas, runways, taxiways, aprons, aircraft parking areas, roadways, sidewalks, navigational and avigational aids, lighting facilities, terminal facilities and other public facilities appurtenant to the Airport. Regulation - any rule or ❑rder promulgated by any federal or state agency which has authority to promulgate such rule or order, or any regulation of the City or the Airport Board ❑f the City which is enacted or promulgated for the health, safety or welfare ❑f the general public, or any other such rule promulgated by the City or Airport Board as that term is herein defined. Relamp - the replacement of any bulb in light fixtures not functioning properly. Rule - any regulation, directive ❑r order adopted by the Airport Board of the City of Lubbock and applicable to the operation of the Airport, and any directive issued by the Director of Aviation. Similarly situated air carriers - those Certificated Passenger Air Transportation Companies that fall within the same classification as herein defined, examples being as follows: (a) all such air carriers which have a written lease agreement with the City whose initial term is three (3) or more years shall be deemed similarly situated; (b) all such air carriers which have a written lease agreement with the City whose initial term is less than three (3) years (but wh❑ are not tenants at will or hold over tenants) shall be deemed similarly situated; June 22, 1989 Page 441 (c) all such air carriers who are tenants at will shall be deemed similarly situated. Standard long-term lease - a written lease agreement with Lessee ❑r other similarly situated air carrier which establishes the business relationships between the City and Lessee or other similarly situated air carrier and has an initial term of three (3) or more years. Standard short-term lease - a written lease agreement with an air carrier (other than a tenant at will or hold over tenant) which establishes the business relationships between the City and the air carrier and which has an initial term of less than three (3) years. Sterile area - any area at the Airport which Lessee possesses or controls either singularly or in conjunction with other air carriers and to which access is controlled by the inspection of persons and property in accordance with any security program mandated by the Federal Aviation Administration. Tenant at will - a business relationship established between the City and an air carrier on a month -to -month basis which may or may not be in writing but which relationship shall not exceed a term of one (1) year. ARTICLE II LEASED PREMISES AND USES Section 2.01 - Description of Exclusive Leased Premises. A. The Exclusive Leased Premises shall consist ❑f 7,580 square feet, more or less, in the terminal building of the Airport. B. It is understood and agreed that the square footage stated herein is an estimate, and City and Lessee are obligated and hereby jointly agree to measure the actual space ❑ccupied on or before six months after occupancy thereof and t❑ make the necessary rental rate adjustments which will be retroactive to the beneficial occupancy date, and both City and Lessee further agree that any credits or additional rental due under this paragraph will be applicable to the next subsequent monthly rental. Section 2.02 - Description of Non -Exclusive Use Premises. In addition to the Exclusive Leased Premises hereinabove defined, Lessee is hereby granted the non-exclusive use, in common with others elsewhere authorized, ❑f such space and facilities as may be designated by City in and adjacent t❑ the terminal building, which space and facilities, without limiting the generality hereof, shall consist of: (A) Ground area for the taxiing of aircraft. (B) Space for a reasonable amount of Lessee's apron equipment. (C) Loading gates. (D) Adequate and reasonably convenient vehicular parking space for use by Lessee and its employees. Such space shall be at locations designated by City in common with ❑ther Airport employees and the use thereof shall be provided at the same charge per month as established for other Airport employees. June 22, 1989 Page 442 Section 2.03 - Exhibit Designating Leased Premises. The location ❑f the Exclusive Leased Premises and the Nan -Exclusive Use Premises herein leased to Lessee are each designated and set forth on Exhibit A attached hereto and by this reference made a part hereof for all purposes. Section 2.04 - Description of Privileges, Uses and Rights. Lessee shall be entitled, in common with ❑thers elsewhere authorized, to the general use ❑f all public airport facilities and improvements which are now part of the Airport, except as hereinafter provided. Lessee's use of said public airport facilities shall be for the sole purpose of operating a transportation system for transporting by aircraft persons, property, cargo, express and mail (hereinafter referred to as "Air Transportation"), which use, without limiting the generality hereof, shall include: (A) The handling, ticketing, billing and manifesting of passengers, baggage, cargo, express and mail in Air Transportation by Lessee or ❑n behalf of any other Certificated Passenger Air Transportation Company which has a lease with City. (8) The repairing, maintaining, conditioning, servicing, testing, parking or storage of aircraft ❑r other equipment operated by Lessee, or of any ❑ther Certificated Passenger Air Transportation Company. Such right and the rights referred to in subparagraphs (C) and (D) below shall not be construed as authorizing Lessee t❑ conduct a separate business, but shall permit Lessee t❑ exercise such rights ❑nly in connection with Air Transportation. (C) The training ❑n Airport premises ❑f personnel either employed by or to be employed by Lessee or any other Certificated Passenger Air Transportation Company. However, in all instances where such training involves aircraft either landing at or taking ❑ff from the Airport, Lessee shall be required t❑ pay City landing fees in accordance with Section 7.02. (D) The sale, lease, transfer, disposal or exchange of Lessee's aircraft engines, accessories and ❑ther equipment ❑r supplies. Said right shall include the sale, lease, transfer or disposal ❑f any article ❑r goods used by or bought for use by Lessee in connection with Air Transportation; provided, however, that Lessee shall not: (1) Sell food or beverages other than for consumption by passengers ❑n aircraft and as provided in Subparagraph (I) of this Section 2.04. (2) Sell gasoline, fuel, propellants, grease or other lubricants except when said products are of a particular grade desired by others and are not otherwise available at the Airport (except t❑ other Certificated Passenger Air Transportation Companies). (E) Subject t❑ approval of the Director of Aviation, the servicing by Lessee's employees or ❑thers under Lessee's control of aircraft and other equipment operated by Lessee ❑n the apron, by truck or otherwise, with gasoline, oil, grease, lubricants and any other fuel or propellant ❑r other supplies required by Lessee, all of which shall include, without limiting the generality hereof, the right of Lessee to install and maintain on the Airport, subject t❑ terms and conditions mutually June 22, 1989 Page 444 items are purchased through the person, firm or corporation holding concession rights from the City for food and beverage service at the Airport. Except to the extent hereinabove specifically provided, nothing in this subparagraph (I) shall be deemed to give Lessee the right to maintain or operate at the Airport a cafeteria, restaurant, bar, cocktail lounge or vending machines or in any manner otherwise providing for the sale of food or beverages to the public. (J) Subject to prior approval of the Director of Aviation, the right to place signs or replace existing signs identifying Lessee's business in or on the Exclusive Leased Premises. Said signs shall be substantially similar to existing signs in size, type and location. A change in existing signs as to number, type, size, design and location shall be subject to the written approval of the Director of Aviation prior to installation. Such installation and operation shall be without cost or expense to City. (K) The right to install, maintain and operate singularly or in conjunction with any other Certificated Passenger Air Transportation Companies who are Lessees at the Airport, or through a nominee, such radio communications, meteorological and aerial navigation equipment and facilities in or on the Exclusive Leased Premises, without cost or expense to the City and subject to the written approval of the Director of Aviation as to location, method and type of installation prior to installation. (L) The right, except as herein otherwise specifically provided, to purchase or otherwise obtain personal property of any nature including, but not limited to, gasoline, fuel, propellants, lubricating oil, grease, food, beverages and other materials, equipment and supplies deemed by Lessee necessary or incidental to its operations, its exercise of the rights herein granted, and its discharge of the obligations herein imposed. Said purchases may be made through any person, partnership, firm, association or corporation Lessee may choose. (M) The rights and privileges granted the Lessee under subparagraphs (E), (G), (H), and (K) of this Section 2.04 may be exercised by Lessee for and on behalf of any other Certificated Passenger Air Transportation Company ❑perating at the Airport of, by or through a nominee of Lessee, but said nominee shall be subject to the prior written approval of the Director of Aviation. It is specifically provided, however, that any such nominee shall have no greater rights than Lessee hereunder. Section 2.05 - Rights and Privileges Specifically Excluded. Except as specifically provided for in Section 2.04, nothing herein shall be deemed to give Lessee any right or permission to sell at the Airport any goods or services to the public other than Air Transportation services. Without limiting the generality of the foregoing, this prohibition includes insurance sales (except when not otherwise available at the Airport). Section 2.06 - Right of Ingress and Egress. City hereby grants to Lessee, its employees, agents, passengers, guests, patrons, suppliers of materials and furnishers of service the right of ingress to and egress from, but not the use of, except as otherwise provided in this Lease, the Exclusive Leased Premises and non-exclusive use Premises described in Sections 2.01 and 2.02. June 22, 1989 Page 443 agreeable to the parties hereto, adequate storage facilities for such gasoline, oil, grease, lubricants and other fuel ❑r propellant or supplies, together with the necessary pipes, pumps, motors, filters and other appurtenances incidental to the use thereof, and the installation and maintenance of pipes in connection with such facilities, as well as a pipeline ❑r pipelines between Lessee's source of supply and said storage facilities. Lessee shall submit to the Director of Aviation for his written approval complete written plans and specifications for such storage facilities and pipelines prior to installation. Lessee's exercise of its rights hereunder shall be subject to the execution by the parties hereto of a separate lease on such terms, conditions and consideration as may be mutually agreed upon. (F) The landing, taking off, flying, taxiing, towing, parking, loading and unloading ❑f Lessee's aircraft or other Air Transportation equipment operated by Lessee, used in connection with scheduled, shuttle, courtesy, test, training, inspection, emergency, special charter, sight-seeing and other flights, all of which shall incidentally include, without limiting the generality hereof, the right to load and unload Lessee's aircraft, or the aircraft of any other Certificated Passenger Air Transportation Company having an existing lease with City, adjacent to a convenient entrance to the terminal building at common area loading gates located on the loading apron at points t❑ be designated by City; provided, however, that flights carrying cargo or freight only shall load and unload at convenient and accessible points to be designated by City. (G) The loading and unloading of property, cargo, express and mail at said Airport by such motor vehicles or other means of conveyance as Lessee may desire or require in the operation of its Air Transportation system, with the right t❑ designate the particular carrier ❑r carriers which shall regularly transport Lessee's property, cargo, express and mail t❑ and from the Airport. (H) The right to install, maintain and operate, for its own use, either by Lessee alone, or by Lessee in conjunction with other Lessees at the Airport, or through a nominee, a computer system, message system, or any other electronic system used t❑ transmit communications ❑f any nature whatsoever. The installation, maintenance and operation of such systems as described above shall be without cost ❑r expense to City, and shall be subject to reasonable rental payments by Lessee to the City for any space used, as well as prior written approval of the Director of Aviation as to location, plans and specifications. (I.) The right to provide food and beverages for consumption in flight by passengers and crews ❑f Lessee ❑r by passengers and crews of any other Certificated Passenger Air Transportation Companies. Lessee shall also have the right to arrange for food and beverages to be provided to its passengers and crew members when said passengers or crew members are grounded at the Airport because of weather, mechanical conditions or other similar emergency conditions; provided, however, that if said passengers or crew members are to be given food and beverages at the Airport, Lessee shall arrange for this service from the person, firm or corporation holding concession rights from the City for food and beverage service at the Airport. In addition, Lessee may furnish, free ❑f cost, coffee and doughnuts t❑ its passengers, provided such June 22, 1989 Page 445 Section 2.07 - Effect of Ordinances, Rules and Regulations_. This Lease is subject to such ordinances, rules and regulations duly enacted or adopted for the operation, maintenance and existence of the Airport, and all such ordinances, rules and regulations enacted or adopted which relate to the health, safety or welfare of the general public shall always take precedence over the terms of this Lease. Such ordinances, rules and regulations enacted or adopted which do not affect the health or safety of the general public shall take precedence over this Lease only when such ordinances, rules and regulations are not in direct conflict with the terms of this Lease. This Lease shall never be understood or construed as a delegation or surrender of the City of Lubbock's governmental authority. ARTICLE III TITLE TO LESSEE Section 3.01 - Installed Improvements and Property. All improvements, equipment and property installed, erected or placed by Lessee in, on or about the Airport shall be deemed to be personalty and remain the property of Lessee, save and except those improvements, equipment and property which are so attached to Airport premises so as to damage the premises upon removal or impair the functional or operational use thereof. Said improvements, equipment and property so attached shall be deemed permanent improvements and shall become the property of City upon installation. ARTICLE IV OBLIGATIONS OF CITY Section 4.01 - Right to Lease Property. City represents that it has the full right to lease that portion of the Airport referred to herein, together with all the premises, facilities, rights, licenses, services and privileges herein granted, and has full power and authority to enter into this Lease in respect thereof. City further represents that all things have occurred that are necessary to make the granting of this Lease effective, and City warrants to Lessee peaceful possession and quiet enjoyment of the Exclusive Leased Premises, appurtenances, facilities, rights, licenses and privileges during the term hereof upon performance of Lessee's covenants herein. Section 4.02 - Maintenance and Operation of Airport. Except as otherwise specifically provided herein, City shall, during the term of thiis Lease, operate, maintain and keep in good repair the terminal buildiing, terminal apron and all airport facilities utilized by the general public, as well as the improvements, machinery and equipment placed by City in these areas. City shall not, however, be required under this Lease to perform maintenance to or make repairs to the Exclusive Leased premises or to perform any maintenance or effect any repairs necessary due to misuse or abuse or the negligence of Lessee, its sublessees, employees, agents, servants, patrons or invitees. However, City may perform such maintenance or make such repairs as necessary and charge the cost of same to Lessee, provided Lessee has failed to perform such maintenance or make such repairs to the satisfaction of the Director of Aviation within a reasonable time after receiving a written request from said Director of Aviation. In all areas utilized by the general public, City shall provide janitorial and cleaning services, including window washing, lighting and adequate heating and air conditioning facilities. The City shall be responsible for structural, exterior and roof maintenance and exterior window washing in all portions of the terminal building. June 22, 1989 Page 446 City shall also provide and supply adequate lighting for vehicular parking spaces and aircraft loading ramps and adequate field lighting. The obligations assumed by City under this Article IV shall not obligate City, except as provided in Article XI hereof, to repair or rebuild any of the facilities at said Airport in the event of damage by the elements, fire, explosion or other causes beyond the control of City. City shall deliver to Lessee all of the premises leased hereunder in a condition which complies with the City's Building Code and other applicable City ordinances. Section 4.03 - Maintenance and Services on the Exclusive Leased Premises. Notwithstanding any language to the contrary in Section 4.02, City shall be responsible for and shall be obligated to perform only the following maintenance and services on the Exclusive Leased Premises: (A) Adequate heating and air conditioning. (B) Maintenance of mechanical and electrical systems installed by City, excluding relamping behind and above the ticket counter and office areas. Section 4.04 - Governmental Facilities. It is expressly agreed that if funds provided by the United States Government for the construction, maintenance and operation of the Control Tower, Instrument: Landing System, and/or other air navigation aids are discontinued even though needed for Lessee's operations at the Airport, City shall not be required to provide said facilities. Section 4.05 - Restaurants. City agrees to provide space in the terminal building for a restaurant or coffee shop for the purpose of selling food and beverages to the general public. Section 4.06 - Ticket Counter. Lessee is hereby granted the right to construct and install a ticket counter shell on the Exclusive Leased Premises. Said ticket counter shell shall be constructed and installed according to Lessee's own needs, plans and specifications, which plans and specifications shall be submitted to the Director of Aviation of City for written approval prior to construction and installation. Section 4.07 - Outbound Baggage System. Lessee is hereby granted the right t❑ construct and install as a permanent improvement an outbound baggage system on the Exclusive Leased Premises. Such outbound baggage system shall be constructed and installed according to Lessee's own needs, plans and specifications, which plans and specifications shall be submitted t❑ the Director of Aviation for written approval prior to construction and installation. Lessee shall maintain said outbound baggage system in good condition and shall pay all costs of repair and maintenance for said system while this Lease is in effect. ARTICLE V OBLIGATIONS OF LESSEE Section 5.01 - Maintenance of Exclusive Leased Premises. Except as provided in Section 4.03, Lessee shall be obligated, without cost or expense to City, to maintain the Exclusive Leased Premises and every part thereof including, but not limited to, the counter shell and the outbound baggage system in good order, repair and safe condition. Lessee shall, at its own expense, provide janitorial services in the Exclusive Leased Premises, either singularly ❑r in conjunction June 22, 1989 Page 447 with other Certificated Passenger Air Transportation Companies which may now or hereafter be Lessees at the Airport. Lessee shall relamp light fixtures as necessary, and shall repaint the interior of the Exclusive Leased Premises as necessary. All such relamping and repainting shall be accomplished with materials and workmanship comparable to the original materials and workmanship. All paint colors or schemes shall harmonize with the decor of the passenger terminal area and shall be subject to the prior approval of the Director of Aviation. Section 5.02 - Porter Service. Lessee may, at its option, provide porter service for the convenience of its passengers in and adjacent to the baggage claim area of the terminal building. Said service may be provided by Lessee alone, by Lessee in conjunction with other Certificated Passenger Air Transportation Companies which may now or hereafter be Lessees at the Airport, or by a nominee of Lessee if approved by the Director of Aviation. Section 5.03 - Additions, Alterations or Replacements. Lessee shall have the right to construct, alter or replace on the Exclusive Leased Premises those improvements or facilities which Lessee reasonably deems necessary for the proper conduct and operation of Lessee's business. However, Lessee shall not construct, alter or replace any such improvements or facilities without prior written approval of the Director of Aviation. Lessee shall also have the right to install on the Exclusive Leased Premises such equipment as Lessee reasonably deems necessary to conduct its Air Transportation business; however, in all instances where electrical wiring, plumbing facilities, climactic controls or other structural changes or alterations are required, Lessee shall obtain approval from the Director of Aviation prior to making such changes or alterations. In all cases where improvements or facilities installed by Lessee require structural changes or additional wiring, plumbing or climactic controls, Lessee agrees to be responsible for all costs in connection with such installations (including maintenance and energy costs) and to comply with all applicable City codes. In performing any construction or other work authorized in this Section 5.03, Lessee shall keep the Exclusive Leased Premises free from accumulation of debris as much as practically possible and perform such work so as to minimize inconvenience to the general public and other Lessees of City. Section 5.04 - Removal and Demolition. Lessee shall not remove or demolish, in whole or in part, any improvements that already exist on the! Exclusive Leased Premises without the prior written consent of the Director of Aviation who may, at his discretion, condition such consent upon Lessee's agreement to replace the same improvements specified in such consent upon termination of this Lease. The Director of Aviation shall not withhold consent unreasonably and shall not impose unreasonable conditions as a prerequisite for obtaining his consent. Section 5.05 - Trash and Garbage. Lessee shall provide at its own expense 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 Lessee's operations on the Airport. Lessee shall provide and use suitable covered metal receptacles for all garbage, trash and other refuse in the areas leased by Lessee. Piling of boxes, cartons, barrels or other similar items in an unsafe manner in or about Airport premises shall not be permitted. Section 5.05 - Taxes and Licenses. Lessee shall pay all taxes of whatever character that may be lawfully levied or charged upon Lessee's leasehold improvements or operations hereunder and upon Lessee's rights to use Airport property. Lessee shall obtain and pay June 22, 1989 Page 448 for all licenses or permits necessary or required by law for the construction of any improvements, additions or alterations, or the installation of equipment and furnishings, and any other licenses necessary to conduct its Air Transportation business. Section 5.07 - Rules and Regulations. In conducting its operations hereunder, Lessee 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 now in force or hereafter prescribed or promulgated by authority or by law, provided that such rules, regulations and ordinances of the City shall be in conformity with Section 2.07 hereof. Section 5.08 - Duty to Prevent Unauthorized Access to the Premises. Lessee shall prohibit and prevent access or entry into the Exclusive Leased Premises and any sterile area by any person or property whose access or entry is not authorized, and Lessee agrees that in the event that a civil penalty or fine is levied against the Airport or City as a result of Lessee'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, Lessee 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 TERM Section 6.01 - Term. A. The initial term of this Lease shall commence on the 1st day of October, 1988, and end on the 30th day of September, 1999. Upon written application of Lessee, delivered to the office of the Director of Aviation of City within twenty (20) days prior to the expiration of the initial term of this Lease, the Director of Aviation may extend this Lease for a period of thirty (30) clays, provided Lessee is negotiating with City for a new lease when such initial term expires. During such negotiations, Lessee may apply for as many thirty (30) day extensions of this Lease as Lessee deems necessary, which may or may not be granted by the Director of Aviation in his discretion, but in no case shall this Lease be extended more than twelve (12) months beyond its initial term. Any extension of this Lease granted under this Section 6.01 shall be in writing and signed by the Lessee and the Director of Aviation. During any extension, Lessee shall be subject to the rates, fees, rentals and other charges established by the Airport Board for Certificated Passenger Air Transportation Companies that are month - to -month tenants. Both City and Lessee herein agree, however, that all negotiations for any new lease shall be conducted in good faith. B. Notwithstanding any provision of this Section 6.01, this Lease is also subject to earlier termination as hereinafter provided under Article XII. C. on or before thirty (30) days prior to the expiration of the initial term of this Lease, or any extension of said term, as provided in this Article, the Director of Aviation may notify Lessee in writing that this Lease shall terminate at the end of said thirty (30) clay period. Lessee agrees and hereby acknowledges that it is an essential term of this Lease that before the end of said thirty (30) day period Lessee will vacate all of the premises leased hereunder, will remove all of its property and improvements (other than permanent improvements) from same, and will restore said premises to the condition in which they existed at the commencement of the initial term of this Lease, damage by the elements, fire, explosion or other casualty excepted unless such damage results from act or omission of Lessee. All such restoration shall be done in a manner satisfactory to the Director of Aviation and shall be completed June 22, 1989 Page 449 within said thirty (30) day period. If Lessee fails to vacate said premises within said thirty (30) days after the date of written notice from City of termination, or if Lessee fails to complete such restoration within said thirty (30) day period, the City shall have the right to remove from said premises any and all of Lessee's property and improvements remaining thereon, to restore said portion of the terminal building and land adjacent thereto to the condition specified above, and to charge all costs incurred by City in so doing to Lessee. Lessee agrees to pay such costs of removal and restoration incurred by City. Failure by the Director of Aviation to notify Lessee of when this Lease shall terminate shall not extend the initial term of this Lease, or any extension of said term granted in accordance with this article. ARTICLE VII RENTALS AND FEES Section 7.01 - Rental for Exclusive Terminal Building Space. Rental for the 7,580 square feet of exclusive leased space within the terminal building of the Airport, as described in Section 2.01, shall consist of a fixed fee of $5.53 per sq. ft. per year (to cover debt: service) and a variable sum for Maintenance and Operation (M & 0) costs. The M & 0 portion of the rental shall be subject to adjustments retroactively and prospectively as follows: Effective April 1, 1988, the M & 0 portion of the rental shall be $2.87 per sq. ft. per year. Effective October 1, 1988, and each year thereafter on the same month and day for the remainder of this Lease, the M & 0 portion of the rental shall be adjusted upward or downward in accordance with the increase or decrease for the same period of time in the Consumer Price Index published by the Bureau of Labor Statistics of the United States Government, hereinafter called "CPI." In addition to any increase or decrease in the M & 0 portion of the rental resulting from changes in the CPI, $1.00 per sq. ft. will automatically be added to the M & 0 rate effective October 1, 1988, and an additional $1.00 per sq. ft. will likewise automatically be added to such rate on the same month and day of the next two succeeding years. Notwithstanding the date on which this Lease is executed, Lessee herein agrees to pay City rentals for the Exclusive Leased Premises retroactively in accordance with this Section 7.01 as though this Lease had been executed and became effective on April 1, 1988. However, in calculating such rentals, Lessee shall be given credit for those exclusive space rentals already paid to City since April 1, 1988. Any rentals due City after such calculations are made shall be immediately due and payable upon execution of this Lease. If such calculations indicate that exclusive space rentals have been overpaid, Lessee shall receive a credit for such overpayments. Section 7.02 - Landing Fee. Effective October 1, 1988, the fee for the use of the landing area and facilities necessary therefor as granted hereunder, except those for which rentals are specifically provided elsewhere herein, shall be .45 per 1,000 pounds of the approved maximum gross landing weight of each actual flight operated. Effective October 1, 1991, the fee for the use of such landing area and facilities shall be .50 per 1,000 pounds of the approved maximum gross landing weight of each actual flight operated. Effective October 1, 1994, the fee for the use of such landing area and facilities shall be .55 per 1,000 pounds of the approved maximum gross landing weight of each actual flight operated. Effective October 1, 1997, the fee for the use of such landing area and facilities shall be .60 per 1,000 pounds of the approved maximum gross landing weight of each actual flight operated. Notwithstanding the date on which this Lease is executed, Lessee herein agrees to pay City landing fees retroactively in accordance with this Section 7.02 as though this Lease had been executed and became effective on October 1, 1988. However, in June 22, 1989 Page 450 calculating such fees, Lessee shall be given credit for those landing fees already paid to City since October 1, 1988. Any landing fees due City after such calculations are made shall be immediately due and payable upon execution of this Lease. If such calculations indicate that landing fees have been overpaid, Lessee shall receive a credit for such overpayments. Not later than the fifth day of each month, Lessee shall file with the Director of Aviation a report of Lessee's actual landings at the Airport for the preceding month, which report shall include the number and type of aircraft making such landings. lessee shall further provide the City with a summary of the approved maximum gross landing weights for each type of aircraft it operates at the Airport. Section 7.03 - Rental for Common Use Area. A. Common Bag Claim Area As a result of expansion and remodeling of the terminal building at the Airport, there is now approximately 16,939 square feet of common bag claim area within the terminal building, as shown on Exhibit A attached hereto and by reference made a part hereof. Rental for the 16,939 sq. ft. common bag claim area shall be charged jointly to Lessee and all other Certificated Passenger Air Transportation Companies which now or may hereafter have valid leases at the Airport according to the common bag claim area formula, as hereinafter defined, and Lessee herein agrees to pay its pro rata portion of such rental, which shall consist of a fixed fee of $5.63 per sq. ft.. per year (to cover debt service) and a variable sum for Maintenance and Operation (M & 0) costs. The M & 0 portion of the common bag claim area rental shall be subject to adjustments retroactively and prospectively as follows: Effective April 1, 1988, the M & 0 portion of the rental shall be $2.87 per sq. ft. per year. Effective October 1, 1988, and each year thereafter on the same month and day for the remainder of this Lease, the M & 0 portion of the rental shall be adjusted upward or downward in accordance with the increase or decrease for the same period of time in the Consumer Price Inde;K published by the Bureau of Labor Statistics of the United States, Government, hereinafter called "CPI." In addition to any increase or decrease in the M & 0 portion of the rental resulting from changes in the CPI, $1.00 per sq. ft. will automatically be added to the M & 0 rate effective October 1, 1988, and an additional $1.00 per sq. ft. will likewise automatically be added to such rate on the same month and day of the next two succeeding years. Notwithstanding the date on which this Lease is executed, Lessee herein agrees to pay City rentals for use of the common bag claim area retroactively in accordance with this Section 7.03 as though this Lease had been executed and became effective on April 1, 1988. However, in calculating such rentals, Lessee shall be given credit for those bag claim area rentals already paid to City since April 1, 1988. Any bag claim area rentals due after such calculations shall be immediately due and payable upon execution of this Lease. If such calculations indicate that bag claim area rentals have been overpaid, Lessee shall receive a credit for such overpayments. The total common bag claim area charges shall be prorated among all Certificated Passenger Air Transportation Companies at the Airport based on the following formula: 20% of the total charges shall be divided equally among all Certificated Passenger Air Transportation Companies and the remaining 80% prorated based on each such carrier's percentage of enplanements in the preceding month. Not later than the fifth day of each month, the Lessee shall file with the Director of Aviation a summary of the actual number of passenger enplanements on Lessee's aircraft and the actual number of departures of Lessee's aircraft from the Airport for the preceding month. Lessee agrees to pay its calculated pro rata amount of common bag claim area rental monthly in accordance with the above common bag claim area formula. June 22, 1989 Page 451 8. Common Boarding Lounge Area When City and Lessee executed the April 28, 1977 agreement hereinbefore mentioned, there were 25,789 square feet of space and six (5) loading gates available for use as common boarding lounge area by all Certificated Passenger Air Transportation Companies that had valid leases at the Airport. However, as a result of expansion and remodeling of the terminal building at the Airport and negotiations with air carriers that provide Air Transportation services at the Airport, approximately 51,685 square feet of space and nine (9) loading gates are now available for use as common boarding lounge area. Both City and Lessee agree that for purposes of this Lease the common boarding lounge area shall consist of those six (5) gates designated as common boarding lounge area on Exhibit A attached hereto and by this reference made a part hereof, but such common area shall be enlarged to include an additional gate for each Certificated Passenger Air Transportation Company that either begins or has already begun providing Air Transportation services at the Airport after January 1, 1987. Effective April 1, 1988, the base rental rate for the common boarding lounge area shall be $2.87 per sq. ft. per year. Effective October 1, 1988, and each year thereafter on the same month and day for the remainder of this Lease, the base rental rate for the common boarding lounge area shall be adjusted upward or downward in accordance with the increase or decrease for the same period of time in the Consumer Price Index published by the Bureau of Labor Statistics of the United States Government, hereinafter called "CPI." In addition to any increase or decrease in the base rental rate resulting from changes in the CPI, $1.00 per sq. ft. will automatically be added to the base rental rate effective October 1, 1988, and a like sum shall automatically be added to such base rental rate on the same month and day of each of the next two succeeding years so that the base rental rate, subject to adjustment for changes in the CPI, shall be as follows: (a) April 1, 1988, to October 1, 1988 -- $2.87 per sq. ft. per year x 51,585 square feet = $148,335.95 (yearly rental); (b) October 1, 1988, to September 30, 1989 -- $3.87 per sq. ft. per year x 51,685 square feet = $200,020.95 (yearly rental); (c) October 1, 1989, to September 30, 1990 -- $4.87 per sq. ft. per year x 51,685 square feet = $251,705.95 (yearly rental); (d) October 1, 1990, to September 30, 1991 -- $5.87 per sq. ft. per year x 51,685 square feet = $303,390.95 (yearly rental). Rental of the common boarding lounge area shall be charged jointly to all Certificated Passenger Air Transportation Companies which now or may hereafter have leases at the Airport according to the common boarding lounge area formula, as hereinafter defined, and in accordance with the following calculation, and Lessee herein agrees to pay its pro rata portion of such rental: (6/9 X base rental rate X 51,685 square feet = annual rental) However, the fraction in the above calculation shall be enlarged by one -ninth each time that a Certificated Passenger Air Transportation Company either has begun or does begin providing Air Transportation services at the Airport after January 1, 1987. In like manner, the fraction shall be reduced by one: -ninth whenever any Certificated Passenger Air Transportation Company ceases providing Air Transportation services at the Airport after January 1, 1987. Except, June 22, 1989 Page 452 however, such fraction shall not be reduced if any Certificated Passenger Air Transportation Company with an unexpired lease takes bankruptcy and refuses t❑ surrender its lease ❑r allow the City to reclaim the space so occupied by such Air Transportation Company for any reason whatsoever. City and Lessee hereby agree that two (2) new Certificated Passenger Air Transportation Companies commenced providing Air Transportation services at Lubbock international Airport after January 1, 1987, and that the fraction in the formula as above set forth shall be adjusted in accordance with the above described procedure from the dates such new Air Transportation Companies commenced services, which dates were November 12, 1987, and January 31, 1989, respectively. Notwithstanding the date on which this Lease is executed, Lessee herein agrees to pay City retroactively in accordance with this Section 7.03 its pro rata portion of the common boarding lounge area rental as though this Lease had been executed on April 1, 1988. However, in calculating such rentals, Lessee shall be given credit for those boarding lounge area rentals already paid to City since April 1, 1.988. Any boarding lounge area rentals due City after such calculations are made shall be immediately due and payable upon execution of this Lease. If such calculations indicate that boarding lounge area rentals have been overpaid, Lessee shall receive a credit for such overpayments. The total common boarding lounge area charges shall be prorated among all Certificated passenger Air Transportation Companies at the Airport based on the following formula: 20% of the total charges shall be divided among all Certificated Passenger Air Transportation Companies based on the percentage of departures in the previous month, and 80% shall be prorated based on each such carrier's percentage of enplanements in the previous month. Lessee agrees to pay its calculated pr❑ rata amount ❑f common boarding lounge area rental monthly in accordance with the above common boarding lounge area formula. Loading gates which have not been designated as common boarding lounge area shall not be considered as such unless added to the common area in accordance with this Section 7.03. However, Lessee may at no additional charge utilize the loading gates not included in the common area for diversion or ❑ff-schedule operations. Lessee may similarly use these loading gates for charter flights after negotiating a use fee with the Airport Board ❑f City. City herein agrees to train Lessee's personnel to operate such loading gates for these purposes. Section 7.04 - Rental for public Address System. Lessee shall pay a rental rate of $5.00 per month per microphone connection located on the Exclusive Leased premises and the non-exclusive use premises. The rental rate per month will be adjusted when necessary to reflect the charges imposed on the City to provide this service. The microphones located on the non-exclusive use premises will be provided for use in conjunction with other Certificated Passenger Air Transportation Companies which now or may hereafter have valid leases at the Airport. These companies shall provide City with a written schedule ❑f the pro rata rental due by each Lessee hereunder and Lessee agrees to pay its stated pro rata amount monthly. The pro rata schedule s❑ furnished to City shall remain in effect until such time as City is provided a revised schedule of the pro rats rental amounts executed by all said Lessees, which revised schedule shall remain in effect until similarly modified. Section 7.05 - Aircraft Storage. City shall have the right t❑ designate apron parking areas for the storage of Lessee's aircraft. June 22, 1989 Page 453 Section 7.05 - Time of Payment. Lessee agrees to pay City the rentals, fees and charges due hereunder at such place as City may from time to time designate. Unless otherwise herein stated, the rental for the Exclusive Leased Premises shall be payable monthly in advance on or before the last day of such month. Unless otherwise herein stated, all other rentals, fees and charges shall be payable in monthly installments covering the preceding calendar month of operation. In the event that the commencement or termination of this agreement falls on any date other than the first or last day of a calendar month, the applicable rentals, fees and charges (except landing fees and rentals, fees and charges that are pro rated on the basis of passenger enplanements, aircraft departures and/or other such use measurements) for that month shall be paid on a pro rata basis according to the number of days during which said particular premises, facilities, rights, licenses, services and privileges were enjoyed, City shall, after the end of each calendar month, transmit to Lessee a statement of the rentals, fees and charges incurred by Lessee during said month as hereinabove provided. Payment shall be made by Lessee on or before the 25th day of the month in which such statement is transmitted. Lessee shall pay City a late payment charge of five per cent (5%) of thie total amount of rentals, fees and other charges payable if payment is not made when due. Section 7.07 - Default for Failure to Pay Rentals Fees and Charges. It is expressly agreed that time of payment of the rentals, fees and charges hereinabove provided is of the essence in this entire Lease. Therefore, if Lessee fails to pay any rentals, fees or charges due hereunder within thirty (30) days after City transmits a statement therefor to Lessee, City may, at its option, upon fifteen (15) days written notice to Lessee (unless in such fifteen day period Lessee shall have corrected such failure to pay) immediately, or at any time thereafter, enter into and upon the Exclusive Leased Premises, or any part thereof in the name of the whole, and repossess said premises. In said event, City may expel Lessee and those claiming by, through or under Lessee and remove Lessee's effects from Airport property forcibly, if necessary, without being deemed guilty of trespass and without prejudice to any remedy which otherwise might be used for breach of covenant or to collect rentals, fees and charges in arrears. Upon such re-entry this Lease shall terminate. ARTICLE VIII READJUSTMENT OF RENTALS, FEES AND OTHER CHARGES Section 8.01 - Procedure for Readjustment of Rentals, Fees and Other Charges. On April 1, 1991, and every three (3) calendar years thereafter that this Lease remains in effect, all rentals, fees and other charges for the use of any one or all of the premises and facilities leased hereunder for the succeeding three-year period shall be subject to renegotiation upon written notice by either party hereto ninety (90) days prior to the beginning of the next three-year period. Either party giving notice shall, at the time, furnish the other party with a reasonably detailed statement supporting the proposed adjustment. ARTICLE IX RIGHTS AND PRIVILEGES RESERVED BY CITY Section 9.01 - Right to Charge Use Fees to Others. Nothing in this Lease shall be deemed to restrict in any manner City's right to charge any person, partnership, firm, association or corporation fees and rentals for the use of City's property or any improvements thereon where such use of said property or improvements is of a June 22, 1989 Page 454 regular or permanent nature, as distinguished from a temporary or transitory nature, or where such use is of such a nature as to constitute the performance of a commercial business at the Airport. In addition, City shall have the right to charge persons, partnerships, firms, associations and corporations a fee no less than that set forth in mutual assistance ground services agreements, as revised from time to time. This fee shall be applicable to, but not limited to, fees for ramp use, jetway use, gate use, training flights and aircraft storage and landing fees, which shall never be less than 125% of the landing fee charged Lessee as set out in Section 7.02 hereof. Section 9.02 - Right to Improve and Protect the Airport. In addition to any other rights herein retained, City specifically reserves the following rights and privileges: (A) The right to further develop or improve the landing area and other portions of the Airport as City deems necessary. City agrees to advise Lessee of any proposed capital expenditure in excess of $100,000 and to consult with Lessee prior to undertaking such capital expenditure. However, nothing in this Section 9.02 or elsewhere in this Lease shall be construed as a delegation of the City's authority to determine when such capital expenditures are deemed necessary. If feasible, such improvements shall be made in a manner which will cause Lessee as little inconvenience as possible. Lessee shall not be assessed any rentals, fees or other charges for such improvements unless Lessee occupies or utilizes such improvements either exclusively or in conjunction with other air carriers, or the improvements are required by the Federal Aviation Administration or for the safe operation of the Airport. (B) The right to take any action City considers necessary to protect the aerial approaches of the Airport against obstruction, together with the right to prevent Lessee from erecting or permitting to be erected any building or other structure on the Airport which, in the opinion of City, would limit the usefulness of the Airport or constitute a hazard to aircraft. (C) The right during time of war or national emergency to lease the Airport or any part thereof to the United States Government for military use. In the event any such Lease is executed, the rights and privileges granted Lessee in this instrument insofar as they are inconsistent with the rights and privileges granted to the Government shall be suspended. ARTICLE X INDEMNIFICATION, INSURANCE AND BONDS Section 10.01 - Indemnification, Etc.. The parties agree that Lessee ^i.s and shall always be deemed to be an independent contractor and operator and not an agent or employee of City with respect to Lessee's acts and omissions hereunder. The Lessee agrees that it will indemnify and save the City harmless from all claims arising out of any demands of contractors, subcontractors, laborers, workers, suppliers, mechanics, materialmen and furnishers of equipment or parts thereof, which claims may be incurred by the activities of Lessee at the Airport or by reason of any improvements, alterations, construction or installation on the Exclusive Leased Premises. Lessee shall indemnify fully and save harmless the City, its officers, agents and employees from any and all claims and actions and any and all expenses incidental to the investigation and defense June 22, 1989 Page 455 thereof, based upon ❑r arising out of damages or injuries to third persons or their property, and caused by the fault or negligence of Lessee, its contractors, agents or employees in the construction, use or occupancy of the facilities, premises and privileges hereunder; provided, however, that the City shall indemnify fully and save harmless Lessee, its officers, agents and employees from any and all claims and actions and any and all expenses incidental to the investigation and defense thereof, based upon or arising out of damages or injuries to third persons or their property, and caused by the fault or negligence of the City, its agents or employees, or arising out of or as a result of the condition ❑f any of the publicly used premises in or about said Airport, but such indemnification shall never exceed the limits of exposure set forth in the Texas Tort Claims Act: when such claims or actions fall within the terms of said Act. City shall give to Lessee prompt and reasonable notice of any claims or actions against City, and failure to so notify Lessee shall relieve Lessee of its obligations to indemnify the City therefor. in all cases where Lessee is obligated to indemnify and save harmless the City as hereinabove provided, Lessee shall have the right to investigate, compromise and defend any such claims or actions to the extent: of its own interest, and Lessee shall cooperate with City and protect City's interest to this end. In all cases where City is required to indemnify and save harmless Lessee as hereinabove provided, City shall have the right to investigate, compromise and defend any such claims or actions to the extent of its own interest, and City shall cooperate with Lessee and protect Lessee's interest to this end. Section 10.02 - Insurance. Lessee shall procure and keep in effect at all times during the term of this Lease the forms of insurance set forth in this Section 10.02. All policies or certificates shall contain a provision requiring the insurers to give the City written notice of cancellation or of any material change in said policies or certificates at least thirty (30) days in advance of the effective date of such cancellation or material change. Each policy shall also contain a provision waiving the right of such insurers to subrogation. Lessee shall maintain all insurance required hereunder with insurance underwriters authorized to do business in the State of Texas and satisfactory to City. All policies shall name the City, its officers, servants, agents and employees as additional insureds. Before the initial term of this agreement commences, Lessee shall furnish City with certificates of insurance which indicate that all insurance and provisions required hereunder are in full force and effect or shall provide City with certified copies of said policies. (A) Fire Insurance - Lessee shall insure for fire and extended coverage risks all of Lessee's improvements on the Exclusive Leased Premises. 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. City agrees that any payments received from such insurers as a result of loss under such policies shall be applied toward repair and reconstruction of said leasehold improvements. (B) Public Liability and Property Damage Insurance - Prior to undertaking any activities at the Airport, Lessee shall obtain comprehensive general liability insurance for the protection of the City, its officers, agents and employees. Lessee shall provide public liability insurance for personal injuries or death arising out of any one accident or event in a minimum sum of Three Hundred Thousand Dollars ($300,000.00) for one person and Two Million Dollars ($2,000,000.00) for any one accident and, in addition, shall provide property damage liability insurance in a minimum sum of Two Hundred Fifty Thousand June 22, 1989 Page 456 Dollars ($250,000.00) for property damage arising out of any one accident or event. Insurance coverages required of Lessee shall be subject to adjustment from time to time to comply with any changes in minimum requirements determined by City to be necessary. ARTTCI F YT DAMAGE OR DESTRUCTION OF LEASED PREMISES Section 11.01- Partial Damage. If the Exclusive Leased Premises are partially damaged by fire, explosion, the elements, a public enemy or other casualty, but not rendered untenantable, the same will be repaired with due diligence by City at its own cost and expense; provided, however, that if the damage is caused by an act or omission of Lessee, its sublessees, agents or employees, Lessee shall be responsible for repairing said premises and shall pay the cost therefor. Section 11.02 - Extensive Dames. If damage from fire, explosion„ the elements, a public enemy or other casualty is so extensive as to render that portion of the Exclusive Leased Premises situated within the terminal building untenantable but capable of being repaired in thirty (30) days, the same shall be repaired with due diligence by City at its own cost and expense, and the rent payable herein with respect to such premises shall be paid proportionately to the time of such damage and thereafter cease until such time as the premises are fully restored; provided, however, that if the damage is caused by an act or omission of Lessee, its sublessees, agents or employees, Lessee shall be responsible for repairing said premises and shall pay the cost therefor. During any such period where Lessee is responsible for repairing said premises under the terms of this paragraph, the usual rental shall be payable. The abatement of rental for the Exclusive Leased Premises, as aforesaid, shall not be construed as a waiver of other fees due and payable under the terms of Article VII. Section 11.03 - Complete Destruction. In the event the Exclusive Leased premises are completely destroyed by fire, explosion„ the elements, a public enemy or other casualty, or so damaged that they will remain untenantable for more than thirty (30) days, City shall be under no obligation to repair or reconstruct said premises, and rent payable hereunder and attributable to such destroyed premises shall be paid proportionately to the time of such damage or destruction and shall thereafter cease until such time as the premises are fully restored. If within one hundred fifty (150) days after the time of such damage or destruction said premises shall not have been repaired or reconstructed, or other reasonable facilities provided in lieu thereof, Lessee may cancel this Lease in its entirety or such part of this Lease that pertains to the Exclusive Leased Premises by giving City written notice of such cancellation. Notwithstanding the foregoing, if the Exclusive Leased Premises and adjoining premises are completely destroyed as a result of an act or omission by Lessee, City may, in its discretion, require Lessee to repair or reconstruct the Exclusive Leased Premises and adjoining premises and pay the costs therefor. During any such period where Lessee repairs said premises under the terms of this paragraph, the usual rental shall be payable. Section 11.04 - Right to Recover Damages. Nothing in this Lease shall be construed as a waiver of the right of either City or Lessee to recover damages from the other arising out of the fault or negligence of the other. June 22, 1989 Page 457 Section 11.05 - Limit of Cit 's Obligations Defined. It is understood that in the application ❑f the foregoing Sections 11.01, 11.02 and 11.03, City's obligations shall be limited to repair or reconstruction of the Exclusive Leased Premises to the same extent and quality that existed at the commencement of this Lease. Redecoration and replacement ❑f furniture, equipment and supplies shall be the responsibility of Lessee and any such redecoration and refurnishing/re-equipping shall be of equivalent quality t❑ that originally installed hereunder within the Exclusive Leased Premises. ARTICLE XTT TERMINATION OF LEASE CANCELLATION, ASSIGNMENT AND TRANSFER Section 12.01 - Termination. This Lease shall terminate at the end of the full term hereof, ❑r earlier as provided in Sections 12.02 and 12.03, and Lessee shall have no further right or interest in the Exclusive Leased Premises and the non-exclusive use premises, except as provided in Article VI and in Article XIII. Section 12.02 - Cancellation by Lessee. This Lease shall be subject t❑ cancellation by Lessee after the occurrence of any ❑ne ❑r more of the following events: (A) The permanent abandonment of the Airport as an airline terminal or the permanent removal of scheduled airline service from the Airport. (B) The lawful assumption by the United States Government, or any authorized agency thereof, of the operation, control or use ❑f the Airport, ❑r any substantial part or parts thereof, in such a manner as to substantially restrict Lessee for a period of at least ninety (90) days from operating thereon. (C) The issuance of an injunction by any court of competent jurisdiction which prevents or restrains the use ❑f the Airport, or any substantial part thereof, for Airport purposes, provided such injunction remains in force for a period of at least ninety (90) days. (D) The inability of Lessee to use the Airport for a period in excess of ninety (90) days or to enjoy any ❑f the rights, licenses, services or privileges granted t❑ Lessee hereunder as a result of fire, explosion, earthquake or other casualty ❑r act of God or a public enemy, provided that the same is not caused by negligence ❑r willful acts or failure to act on the part of Lessee, its sublessees, agents or employees. (E) Any failure or refusal by the Federal Aviation Administration which prevents Lessee from operating into, from or through said Airport such aircraft as Lessee may reasonably desire to operate. (F) The default by City in the performance of any covenant or agreement herein required to be performed by City and the failure of City to remedy such default for a period of ninety (90) days after receipt from Lessee ❑f written notice to remedy the same; provided, however, that no notice ❑f cancellation, as below required, shall be of any force ❑r effect if City shall have remedied the default prior to the receipt of Lessee's notice of cancellation. Lessee may exercise such right ❑f cancellation by giving the Director of Aviation sixty (60) days advance written notice at any time after the lapse of the applicable period of time herein stated, June 22, 1989 Page 458 and this Lease shall terminate at the end of such sixty (60) day period. Rental due hereunder shall be payable only to the date of said termination, except such portion of the rental attributable to the Exclusive Leased Premises when such premises shall have been completely destroyed by fire, explosion, the elements, a public enemy or other casualty, and such premises remain untenantable for more than thirty (30) days, in which event the rental shall be payable as provided in Article XI, Section 11.03 hereof. Lessee's performance of all ❑r any part of this Lease for or during any period(s) after failure of the City to perform any ❑f the terms, covenants and conditions herein contained shall not be deemed a waiver of any right Lessee has t❑ cancel this Lease for any subsequent failure by City to so perform, keep or observe any ❑f the terms, covenants ❑r conditions hereof. Section 12.03 - Cancellation by Cam. This Lease shall be subject to cancellation by City after the occurrence of any ❑ne ❑r more of the following events: (A) The taking by a court of competent jurisdiction of Lessee and its assets pursuant t❑ proceedings brought under the provisions of any federal reorganization act. (B) The appointment of a receiver of Lessee's assets. (C) The divestiture of Lessee's assets herein by ❑ther operation of law. (D) The abandonment by Lessee of its Air Transportation business at the Airport for a period ❑f thirty (30) days or more. (E) The default by Lessee in the performance of any covenant or agreement herein required to be performed by Lessee and the failure ❑f Lessee to remedy such default for a period of sixty (60) days after receipt ❑f written notice by City to remedy same, except that default for failure to pay any rentals, fees or charges shall be governed by Section 7.07. (F) The lawful assumption by the United States Government, of the operation, control or use of the Airport, ❑r any substantial part ❑r parts thereof, ❑r any authorized agency thereof, in such a manner as t❑ substantially restrict Lessee for a period of at least ninety (90) days from operating thereon. (G) In addition t❑ the foregoing, all rights, privileges and interests acquired hereunder by Lessee may, at the option of City and following written notice ❑f ninety (90) days, be suspended or finally terminated if such suspension or termination is found by City, acting in good faith, to be necessary to enable the City to undertake construction for expansion of the terminal building, or to secure federal financial aid for the development of the Airport, or for the development or promotion ❑f aeronautical operations thereon. If any of the aforesaid events occur, City may enter the Exclusive Leased Premises and take immediate possession of the same and remove Lessee's effects. Upon said entry this Lease shall terminate, and any rental due hereunder shall be payable to said date ❑f termination. It is agreed that failure to declare this Lease terminated upon the default of Lessee for any of the reasons set forth above or in Section 7.07 hereof shall not operate t❑ bar or destroy the right ❑f City to declare this Lease null and void as a result of any subsequent violation ❑f the terms of this Lease. June 22, 1989 Page 459 Section 12.04 - Notice of Termination. If any of the events enumerated in Section 12.03 shall occur, City may cancel and terminate this Lease by giving Lessee five (5) days written notice, such cancellation and termination to be effective upon the date specified in such notice. Rental due shall be payable only to the date of cancellation. Section 12.05 - Assignment and Subletting. Lessee shall not sell, assign or transfer this Lease, or any part thereof, and shall not sublease all or any portion of the Exclusive Leased Premises without the prior written consent of the Director of Aviation; provided, however, that Lessee may assign this Lease to any corporation with which Lessee may merge or consolidate ❑r which may succeed to the Air Transportation business of Lessee. ARTICLE XIII PROPERTY RIGHTS UPON TERMINATION Section 13.01 - Lessee's Right of Removal. Upon cancellation or termination of this Lease for any reason, Lessee shall have the right for a period of thirty (30) days after the date on which notice of termination is placed in the United States mail, as provided in Article XIV, Section 14.17 hereinafter, t❑ remove any or all ❑f its property from the Airport. Furthermore, within said thirty (30) day period, Lessee shall restore said premises to the condition in which they existed at the commencement ❑f this Lease, damage by the elements, fire, explosion or other casualty excepted, unless such damage occurs as a result of an act or omission of Lessee, its sublessees, agents ❑r employees, in which event Lessee shall repair and restore said premises as aforesaid. Section 13.02 - City's Rights at Termination. Title to any and all improvements and property not removed by Lessee prior to the expiration of the aforesaid thirty (30) day period shall vest in City; provided, however, that City reserves the right to require Lessee to remove such improvements and property, the cost of which shall be borne by Lessee in the event City removes same on failure of Lessee to perform its ❑bligation hereunder. City also reserves the right to charge a reasonable rental for any period of continued occupancy by Lessee after cancellation or termination of this Lease; provided, however, that no charge shall be made •to Lessee if Lessee shall remove its property from the Exclusive Leased Premises within the aforesaid thirty (30) day period. ARTTci F x7v GENERAL PROVISIONS Section 14.01 - Other Ordinances. This Lease supersedes all prior ordinances and any amendments thereto passed by the City Council of City and which pertain to rental rates and landing fees at the Airport. Section 14.02 - Arbitration. In any event, and notwithstanding any provisions made in this Lease, City and Lessee agree t❑ submit to arbitration any question or dispute, except nonpayment of rentals, fees or other charges, arising between said parties and requiring an interpretation of any term, condition or covenant herein contained, or concerning any matter ❑f compliance or noncompliance with the terms of this Lease. Before submitting any question or dispute to arbitration, City and Lessee shall each select one arbitrator and the two so chosen shall then select a competent and disinterested third arbitrator; and the three arbitrators collectively shall then consider the question ❑r dispute submitted to them in writing by the parties hereto. The decision in writing of any two arbitrators shall determine the particular question or dispute under consideration. The parties hereto shall bear equally the expense of said arbitration. June 22, 1989 Page 460 Section 14.03 - Nondiscrimination. The Lessee for itself, its personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agrees as a covenant running with the land that: (1) no person on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said Airport facilities; (2) that in the construction of any improvements on, over or under such land and the furnishing of services thereon, no person on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; (3) that the Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR part 21, Nondiscrimination in Federally Assisted programs of the Department of Transportation, and as said Regulations may be amended. Tne Lessee assures that it will undertake an affirmative action program as required by 14 CFR part 152, Subpart E, to ensure that no person shall on the grounds of race, creed, color, national origin or sex be excluded from participating in any employment activities covered in 14 CFR part 152, Subpart E. The Lessee assures that no person shall be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by this subpart. The Lessee assures that it will require that its covered suborganizations provide assurances to the Lessee that they similarly will undertake affirmative action programs and that they will require assurances from their suborganizations, as required by 14 CFIR part 152, Subpart E, to the same effect. In the event of breach of any of the preceding nondiscrimination covenants, City shall have the right to terminate this (Lease, and to reenter and repossess said land and the facilities thereon, and hold the same as if said Lease had never been made or issued. Section 14.04 - Rules and Regulations. City shall have the right to and may from time to time adopt and enforce reasonable rules and regulations, which Lessee agrees to observe and obey, pertaining to the use of the Airport, public terminal building and appurtenances, provided that such rules and regulations shall not be inconsistent with rules, regulations or orders of the Federal Aviation Administration pertaining to aircraft operations at the Airport, or with the procedures prescribed or approved from time to time by the Federal Aviation Administration pertaining to the operation of Lessee's aircraft at the Airport. Section 14.05 - Interpretation of Lease. Nothing in this Lease shall be construed or interpreted in any manner whatsoever as limiting, relinquishing or waiving any rights or ownership enjoyed by City 'in the Airport property, or in any manner waiving or limiting City's control over the operation, maintenance, improvement or alteration of Airport property, or in derogation of such governmental rights as City possesses, except as specifically provided for herein. Section 14.06 - Invalid Provisions. In the event any covenant, condition or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of any such covenant, condition or provision shall in no way affect any other covenant, condition or provision herein contained; provided that the invalidity of such covenant, condition or provision does not materially prejudice either City or Lessee in its respective rights and obligations contained in the valid covenants, conditions or provisions of this Lease. Section 14.07 - Sponsor's Assurances. This Lease shall be subject to the terms of the City's Sponsor's Assurances Agreement, as amended. City represents that none of the provisions of this Lease violate any of the provisions of said Sponsor's Assurances Agreement, as amended. June 22, 1989 Page 461 Section 14.08 - Consent Not to be Unreasonably Withheld. Whenever consent is required hereunder by either City ❑r Lessee, such consent is not t❑ be unreasonably withheld or delayed for an unreasonable period ❑f time. Section 14.09 - Redelivery of Premises. Lessee shall, upon termination ❑r cancellation ❑f this Lease, quit and deliver up the Exclusive Leased Premises to City peaceably, quietly and in the condition in which they existed at the commencement of this Lease, damage by the elements, fire, explosion or other casualty excepted unless such damage occurs as a result of an act or ❑mission of Lessee, its sublessees, agents or employees. Section 14.10 - Holding Over. In the event Lessee remains in possession of the Exclusive Leased Premises after the expiration of this Lease without any written renewal thereof, such holding ❑ver shall not The deemed as a renewal ❑r extension of this Lease, but shall create only a tenancy from day to day which may be terminated at any time by City subject, however, t❑ the rights set forth in Article XII hereof. Section 14.11 - Inspection. City shall have the right at all reasonable times to enter upon the Exclusive Leased Premises to inspect said premises, to observe the performance by Lessee of its obligations hereunder, and to do any act which City may be obligated or have the right to do under this Lease. Section 14.12 - Nonexclusive. It is hereby agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right prohibited by Section 308 of the Federal Aviation Act of 1958, 49 U.S.C.S. §1349, as amended, and City reserves the right t❑ grant to others the privilege and right ❑f conducting any one or all of the aeronautical activities listed herein, or any other activity of an aeronautical nature. Section 14.13 - Lease Made in Texas. This Lease has been executed in and shall be construed in accordance with the laws of the State of Texas, and venue of any lawsuit filed by either party concerning this Lease shall be in Lubbock County, Texas. Section 14.14 - Successors. This Lease shall bind and inure to the benefit of any successor of City and any successor, assignee or sublessee of Lessee. Section 14.15 - Headings. The article and section headings contained herein are for convenience in reference and are not intended to define ❑r limit the scope of any provision of this Lease. Section 14.16 - Time of Essence. Time is of the essence ❑f this Lease. Section 14.17 - Notices. Notices to City provided for herein shall be sufficient if sent by certified mail, postage prepaid, and addressed to: Director of Aviation, Lubbock International Airport, Route 3, Box 389, Lubbock, Texas 79401, and notices to Lessee, if sent by.certified mail, postage prepaid, and addressed to: president, Southwest Airlines Company, 1820 Regal Row, Dallas, Texas 75235, or to such other addresses as the parties may designate to each other in writing from time t❑ time. Section 14.18 - Understanding ❑f the Parties. A. Both parties to this Lease agree and understand that the City of Lubbock has created three classifications of Certificated Passenger Air Transportation Companies that may provide Air Transportation services at the Airport and that this Lease is the standard lease for such air carriers that desire a long-term lease with the City as defined in Section 1.01. The parties heret❑ recognize each of the different classifications as defined in Section 1.01 of this Lease and that the City of Lubbock may apply or agree t❑ different terms and conditions in creating business relationships with Certificated Passenger Air June 22, 1989 Page 462 Transportation Companies that fall into a different classification than Lessee so long as the terms and conditions agreed to, as to such other classified air carriers, are consistent and uniform within each classification. It is further understood that any Certificated Passenger Air Transportation Company which desires a lease at the Airport with an initial term of three (3) or more years will execute this standard long-term lease and that the terms and conditions of this long-term lease shall not change or be modified unless herein stated or agreed to in writing by all Certificated passenger Air Transportation Companies at the Airport classified as holders of standard long-term leases. B. It is the further understanding of the parties hereto that the City has classified Certificated Passenger Air Transportation Companies who desire to conduct business at the Airport in accordance with the term of their lease or business relationship with the City in order to provide the broadest possible Air Transportation services to the general public, to encourage new air carriers to test the market for these services in the Lubbock area and to maintain a fee and rental structure for the facilities and services being provided by the City through its Lubbock International Airport which will make the Airport as self-sustaining as possible. C. It is the further understanding of the parties that the City reserves the right to offer different terms and conditions to Certificated passenger Air Transportation Companies in different classifications as herein defined so long as the terms and conditions offered to the air carriers are the same or substantially similar within each classification. However, notwithstanding anything set forth in this Section 13.18, the formulas for calculating rental for the common boarding lounge area and common bag claim area will be followed by the City for all classifications of Certificated Passenger Air Transportation Companies doing business at the Lubbock International Airport. Furthermore, City herein agrees not to assess Lessee any, rates for rentals, fees and other charges less favorable than those rates for rentals, fees and other charges assessed to standard short-term tenants and month -to -month tenants (as herein defined in Section 1.01) for comparable space or facilities. However, City reserves the right to assess higher rates for rentals, fees and charges to short-term and month -to -month tenants in the future. This Lease shall be executed in triplicate and each executed document shall be deemed to be an original document. ARTICLE XV MISCELLANEOUS PROVISIONS Section 15.01 - Security Charges. Notwithstanding anything to the contrary contained in this Lease, a charge of twenty-five cents (25-1) shall be assessed to Lessee for each of Lessee's enplaned passengers at the Airport for backup security reimbursement. IN WITNESS WHEREOF, the Parties have hereunto set their hands this 22nd day of June, 1989 ATTEST: Is Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is Marvin Coffee Marvin Coffee, Director of Aviation LESSEE: CITY OF LUBBOCK, TEXAS /s B. C. McMinn B.C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard _ Harold Willard, Assistant City Attorney June 22, 1989 Page 463 LESSEE: SOUTHWEST AIRLINES Co. Is James F. Parker James F. Parker, Vice Vice President & General Counsel ATTEST: /sZ Bob Montgomery THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared B.C. McMINN, known to me to be the person whose name is subscribed t❑ the foregoing instrument and acknowledged t❑ 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 therein stated. .;. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 22nd day ❑f June, /s/ Olivia R. Solis Notary Public in and for Lubbock County, Texas My Commission Expires: November 30 1989 THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, a Notary Public in and for said County, Texas, ❑n this day personally appeared James F. Parker known t❑ me t❑ be the person whose name is subscribed to the foregoing instrument and acknowledged t❑ me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated as the act and deed ❑f Southwest Airlines Co. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 16th day of June, 1989. s1 Mary A. Bruno Notary Public in and for Lubbock County, Texas My Commission Expires: November 25, 1989 EXHIBIT A FILED WITH RESOLUTION #3128 E. Jack Brown, Airport Board member, reported to Council that the airline negotiating team, which he chairs, has been working for the past year with the airlines serving Lubbock to upgrade or rewrite Airline Lease Agreements. In anticipation of the pending negotiations and their desire to occupy a specific space, Southwest Airlines was permitted to operate on a month -to -month basis. A new Airline Agreement was negotiated with Southwest Airlines which June 22, 1989 Page 464 Common Area Lease Space Exclusive Lease Space Landing Fees Securl ty Fee provides for increased rates, lease areas, landing fees and other rates and charges not covered in the original Airline Lease Agreements. In addition, the Agreement provides for some retroactive payments. The following is a fee schedule comparison for Southwest Airlines, as well as American, Delta, and America West: 4-88 10-1-88 10-1-89 10-1-90 1991 $2.87/sgft $3.87/sgft $5.06/sgfta $6.31/sgfta b $8.50/sgft $9.50/sgft $10.69/sqfta $11.94/sqfta b $0.40/M $0.45/M $0.45/M $0.45/M $.50/M $0.25/Pass $0.25/pass $0.25/pass $0.25/Pass b a Assumes a 5% C.P.I. adjustment. Rate would depend on actual C.P.I. b Negotiated This rate and fee schedule is payable, retroactive to April, 1988 and should result in approximately $63,000 in retroactive payments for all airlines from April, 1988 to October, 1988. Fiscal Year 1988-89 would result in approximately $520,427 in payments from Southwest Airlines and is a $94,361 (22%) increase ❑ver Fiscal Year 1987-88. According to Staff memo, it is anticipated that America West Airlines will execute the same Airline Lease Agreement as Southwest Airlines, but that American Airlines and Delta Airlines will execute an Amendment t❑ their existing Agreement which will cover the same terms, rates and charges as provided Southwest and America West. Southwest, American and Delta will have common expiration dates. America West's term will be for three years. In addition to the rates and charges increases, the expanded terminal areas, the new baggage claim, and new common boarding areas were also included. The current contracts with Delta and America include only common area for six gates. Bob Montgomery, Director of Properties with Southwest Airlines, and also airline chief negotiator, has accepted this Lease Agreement, and the Airport Board and City Staff recommended approval. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize Resolution #f3128 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. June 22, 1989 Page 465 (13.) Hold a Public Hearing to consider the reques Texland Petroleum for an Oil and Gas Drillin r a trac sou ursuiine in Section 5 block well is Texland-Lif-Lubheirs 89-48A-465-350 (14.) Consider approval of an Oil and Gas Drilling Permit for Lif-Lubheirs #9. Dub Bratcher, representing Texland Petroleum, appeared to present this request. N❑ one appeared in opposition. Mayor McMinn closed the Public Hearing at 10:27 a.m. On June 2, 1989, Staff received an Application for a permit to drill the above described well, and according to Staff memo, the application is substantially in order. The storage site is pro- posed in conjunction with a previously approved tank battery, and the site is on the east edge of the old Litton development tract. The production unit contains 40 acres and has a maximum diagonal of less than 3,000'. Texland proposes earthen sludge pits and no landscaping at the well. The blow-out protector has a minimum rating of 3,000 psi. Disposal of waste materials is proposed at a Railroad Commission approved dump in Lubbock County and access to the drill and storage site is proposed from Loop 289 on private property. SHORT TERM IMPACTS: The land area surrounding and including this lease is designated industrial on the 1986 Comprehensive Land Use Plan. Since little additional development is projected in the immediate area, few long term negative impacts should be minimal. RECOMMENDED PERMIT CONDITIONS: 1. No hydrocarbon lubricant (waste oil) shall be used to free -up the hole during drilling until after the first series of surface casing has been set which will protect the water aquifer. The first series of casing depth shall be in compliance with the Texas Water Commission requirements. 2. The permittee shall notify the Lubbock office of the Texas Railroad Commission for the intended dates for casing the well. 3. Casing of the well shall be in substantial compliance with applicable portions of Rule 13 of the Texas Railroad Commission. 4. The permittee shall meet all other conditions of Section 14, Article VI of the Lubbock Code and those specifications indicated within the application of Texas for Lif-Lubheirs #9. June 22, 1989 Page 466 Staff recommended approval. Motion was made by Councilman Patterson, seconded by Mayor Pr❑ Tem Baker to approve issuance ❑f an Oil and Gas Drilling Permit for Lif-Lubheirs #9, subject to conditions, as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. (15.) Hold a Public Hearing to Texland Petroleum for an east oT Erskine well is r a tract iocatea approximateisb orth Quirt, and 1980' north of Ea n Section 5. Block A. Designatio 89-48A-466-351 (16.) Consider approval of an Oil and Gas Drilling Permit for Lif-Lubheirs #8. Dub Bratcher, representing Texland Petroleum, appeared t❑ present this request. No one appeared in opposition and Mayor McMinn closed the Public Hearing at 10:29 a.m. On June 2, 1989, Staff received an Application for a permit t❑ drill the above described well and according to Staff memo, the Application is substantially in ❑rder. The storage site is proposed in conjunction with a previously approved tank battery. The production unit contains 40 acres and has a maximum diagonal of less than 3,000'. Texland proposes earthen sludge pits and n❑ landscaping at the well. The blow-out protector has a minimum rating of 3,000 psi. Disposal of waste materials is proposed at a Railroad Commission approved dump in Lubbock County and access t❑ the drill and storage site is proposed from Loop 289 ❑r Quirt Avenue on private property. SHORT TERM IMPACTS: A minimum ❑f impact is expected for the short term since the area is uninhabited. The well and storage site are remote from any existing residential development. POTENTIAL LONG TERM IMPACTS: The land area surrounding and including this lease is designated single-family on the 1986 Comprehensive Land Use Plan. Since little additional development is projected in the immediate area, few long term negative impacts should be minimal. RECOMMENDED PERMIT CONDITIONS: 1. N❑ hydrocarbon lubricant (waste oil) shall be used to free -up the hole during drilling until after the first series of surface casing has been set which will protect the water aquifer. The first series of casing depth shall be in compliance with the Texas Water Commission requirements. June 22, 1989 Page 467 2. The permittee shall notify the Lubbock office of the Texas Railroad Commission for the intended dates for casing the well. 3. Casing of the well shall be in substantial compliance with applicable portions ❑f Rule 13 of the Texas Railroad Commission. 4. The permittee shall meet all other conditions ❑f Section 14, Article VI of the Lubbock Code and those specifications indicated within the application ❑f Texas for Lif-Lubheirs #8. Staff recommended approval. Motion was made by Councilman Patterson, seconded by Councilman Carpenter to approval ❑f an Oil and Gas Drilling Permit for Lif-Lubheirs #9, subject to conditions, as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. 89-48A-467-352 ( 8 ] ORDINANCE #9271--AmendingChapter 6 Article II of the Code of Ordinances entitled "Building Code" providing for the adoption of the 1988 Uniform Building Code. ORDINANCE #9271 AN ORDINANCE AMENDING CHAPTER 6, ARTICLE II OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, ENTITLED "BUILDING CODE," BY ADOPTING THE UNIFORM BUILDING CODE, 1988 EDITION; SETTING FORTH GENERAL SPECIFICATIONS FOR BUILDING; CORRECTING TYPOGRAPHICAL ERRORS AND NUMBERING ERRORS; ESTABLISHING PERMIT AND FEE REQUIREMENTS; DELETING DUPLICATIONS OF REGULATION; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. According to Staff memo to Council, the Code Study Committee, Building Board of Appeals and City Staff, have reviewed in depth the 1988 Uniform Building Code as written by the International Conference ❑f Building Officials. After passage on first reading of this Ordinance, two issues surfaced which were reported to be unacceptable t❑ the Home Builders organization and the Apartment Owners organization. These issues dealt with exits from basements and with sprinkler systems in apartment buildings. Since that time, representatives from both groups have met with the Board of Appeals. The issue concerning basements has been resolved, and it was recommended that Section 1204, Exits and Emergency Escapes, he amended by deleting the first five words in the second paragraph as follows: ... "Basements in dwelling units and ...". The sentence would begin with the "in" and make reference to sleeping rooms and not basements. In a subsequent work session ❑n June 13, the Board ❑f Appeals voted to recommended that the sprinkler issue be amended by deleting the June 22, 1989 Page 468 reference to dwelling units in paragraph (h), Section 3802. With this deletion, the paragraph requires that sprinkler systems be required only in apartment houses of three or more stories and hotels of three or more stories or twenty or more guest rooms. These two additional amendments are included in the proposed ordinance for Council consideration. Motion was made by Councilman Maloy, seconded by Councilman Carpenter to pass on second and final reading Ordinance #9271 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. 89-48A-468-353 ( 9.) ORDINANCE #9272--Amendi of the Code of Ordinances entitled "National Tire no the 1 ORDINANCE #9272 AN ORDINANCE AMENDING CHAPTER 11, ARTICLE III OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, ENTITLED "NATIONAL FIRE CODES„" BY ADOPTING THE 1988 EDITION OF THE NATIONAL FIRE CODES, SAVE AND EXCEPT NFPA 1, AND ADOPTING THE 1988 EDITION OF THE UNIFORM FIRE CODE IN PLACE OF NFPA 1; CONFORMING SAID CHAPTER TO SUCH CODES; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Staff memo to Council pointed out that an objective for the Fire Department in 1988 was to evaluate the adoption of the Uniform Fire Code (UFC) in lieu of the National Fire Protection Association (NFPA) Code and that on March 5, 1989, the Fire Marshal's recommendation to adopt the UFC was presented to the Code Review Committee. A major advantage of adoption of the 1988 UFC, along with the 1988 UBC discussed in Item #8, is that these two were designed to be mutually supportive companion codes and will simplify operations for architects, builders, and code enforcement officials. The recommendation for the UFC is that it replace NFPA-1, which is the portion of the NFPA Code which serves as the general Fire Code. The remainder of the eleven volume set provides direction, standards and recommended practices for several thousand specialized operations, processes, occupancies and equipment items. The remainder of the 1985 NFPA Code is to be changed to the 1988 NFPA Code and remain in effect. An analysis of revisions in the 1988 UBC has been published and a review of that publication indicates that the changes of most significance are as listed below. 1. Strength test of concrete in certain situations increased from 2,000 psi to 2,500 psi. 2. Increased ventilation in some hazardous material storage areas. June 22, 1989 Page 469 3. Kindergarten or day care not allowed in basements. 4. Separation between occupancies with excessive amounts of hazardous materials. 5. Laboratories in certain occupancies must have two exits. 6. Hospitals and nursing homes can be one story higher than before, but smoke compartments will be limited in size in patient areas. 7. Smoke detectors required in patient rooms. 8. Occupancies such as repair garages cannot have open stairways. 9. Sprinklers required in all patient rooms. 10. Sprinklers required in drinking establishments over 5,000 square feet. 11. Sprinklers required in repair garages over 3,001 square feet. 12. Sprinklers required in all Group H, Division 1, 2, and 3 occupancies. (Generally, these are occupancies with significant amounts of flammable liquids, explosives or other such haz- ardous materials.) 13. Residential type sprinklers required in apartment houses three stories or more in height. According to Staff, these requirements are not retroactive but will affect new construction or changes in type of occupancy as was noted in Item #8 of these minutes. The City Staff and the Building Board of Appeals, which also serves as the Fire Board of Appeals, recommended changing the building code as per Item 13 above. Motion was made by Councilman Maloy, seconded by Councilman Carpenter to pass on second and final reading Ordinance #9272 as recommended by the Building Board of Appeals and Staff. Motion carried: 5 Yeas; 0 Nays. 89-481k-469-354 (10.) ORDINANCE #9286--Creating the position of City Marshal. ORDINANCE #9286 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. June 22, 1989 Page 470 89-48A-470-355 (11.) Motion was made by Councilman Patterson, seconded by Councilman Carpenter to pass on second and final reading Ordinance #9285 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. ORDINANCE #9287--Amending Chapter 27 of the of Ordinances by adding an Article permittin regulating the use of horse-drawn vehicles a Vehicles for Hire. ORDINANCE #9287 AN ORDINANCE AMENDING CHAPTER 27 OF THE CODE OF ORDINANCES OF THE CITY OAF LUBBOCK, TEXAS, BY ADDING THERETO A NEW ARTICLE VII PERMITTING AND REGULATING THE USE OF HORSE DRAWN VEHICLES AS VEHICLES FOR HIRE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Patterson, seconded by Councilman Carpenter to pass on second and final reading Ordinance #9287 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. 89-48A-470-355 (17.) Consider Resolution #3129 authorizing the Mayor to execute a Street Use License for an underground cable to West Texas Microwave. RESOLUTION #3129 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 Street Use License Agreement with West Texas Microwave, attached herewith, which small 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 22nd day of June, 1989. ATTEST: /s Ranette Boyd Ranetite Boyd, City Secretary APPROVED AS TO CONTENT: s Ed Buc Ed Buc:y, Right -of -Way Agent THE 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 STREET USE LICENSE This indenture made this 22nd day of June, 1989, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and WEST TEXAS MICROWAVE, a Texas Corporation, hereinafter called "LICENSEE." June 22, 1989 Page 471 WITNESSETH Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license to use a portion of dedicated streets for a subsurface fiber optic communication cable, to -wit: BEGINNING at a point in City of Lubbock Right -of -Way on the East side of Ash Avenue and the North side of Loop 289; THENICE continuing North on Ash Ave. in City R.O.W.; THENCE crossing Ash Ave. to the East; THENCE continuing North on Ash Ave. in City R.O.W. to U.S. 84 (Slaton Highway); THENCE crossing U.S. 84 and rejoining Ash Ave. R.O.W. North of U.S. 84 on the East side; THENCE continuing North on Ash Ave. to 58th St. (not constructed), and more completely described and shown on attached Exhibit "A." The term of this grant shall be for five (5) years from date hereof, and shall be, by mutual agreement, extended for successive five (5) year terms not to exceed twenty (20) years in any event unless either party shall give written notice of termination to the other party before the expiration of the first, second or third five (5) year term, as the case may be, and the CITY OF LUBBOCK retains the right at its election to cancel and revoke this license with or without cause upon notice to LICENSEE. Said notice shall be deemed properly served if deposited in the post office, postage paid, addressed to LICENSEE at 3307 Northland Drive, Suite 500, Austin, Texas 78731, or the last known address of LICENSEE. Upon the expiration or cancellation and revocation of this license by the CITY OF LUBBOCK, or the abandonment of the license by the LICENSEE, the improvements that are permitted under this license shall be removed by the LICENSEE and the property shall be restored to its original condition at not cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or refuses to remove such improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall take }possession and remove or cause to be removed such improvements, and the expense incurred shall be assessed against LICENSEE for which LICENSEE shall be liable. 1. LICENSEE shall pay to the CITY OF LUBBOCK as compensation for such grant the sum of FIVE HUNDRED TWENTY-TWO AND NO1100 ($522.00) DOLLARS cash in advance contemporaneously with the acceptance and execution hereof by LICENSEE for the first five (5) year term of this license, and thereafter such rate of compensation may be changed for each succeeding five (5) year term by the CITY OF LUBBOCK to a rate of compensation which is based on procedures and policies as established by the City Council of the CITY OF LUBBOCK and an appraisal of the fair market value of such land by the Right - of -Way Department of the CITY OF LUBBOCK as applied to the formula for determining such rate established by the City Council. If such rate is not changed by the CITY OF LUBBOCK, the rate for the preceding five (5) year term shall apply. The CITY OF LUBBOCK shall notify the LICENSEE of any change in rates in writing before the start ❑f the five (5) year term to which such change in rate shall apply„ and if such notification is not made, then the rate for the preceding five (5) year term shall apply. June 22, 1989 Page 472 2. The LICENSEE agrees to pay all claims or costs of any nature whatsoever arising out of the exercise of this license herein granted, including but not limited to the replacement and repairing of paving, sidewalks and utilities of any nature occasioned by the construction authorized by the license. 3. In the event the CITY OF LUBBOCK determines that the existence of such use interferes with or causes the relocation, rerouting or realignment of any public utility, franchised utility or sanitary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK or franchised utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK or such utility, as the case may be, for its expense in, relocating, rerouting or realigning in addition to any other sums which this License requires LICENSEE to pay. 4, This license is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 5. This license is made subject to the condition that should the LICENSEE exercise any right under the license herein granted and prepare or begin or complete any part of the construction as herein contemplated across any ❑r all of the above described property, then and in that event said LICENSEE, its successors and assigns will at all times defend, indemnify and otherwise hold the CITY OF LUBBOCK, its agents, servants and employees harmless from any and all claims, demands, actions, causes of action, suits at law ❑r in equity of whatsoeverkind ❑r nature which may grow out ❑f or be related to the making of this license or the construction or maintenance and use permitted herein. The CITY OF LUBBOCK, at its option, may require an agreement with any contractors hired by LICENSEE to perform the construction, repair or maintenance permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost and expense growing out ❑f the performance of the work to be done by such contractors. The CITY OF LUBBOCK may further require any ❑f said contractors, when engaged in the construction, repair or maintenance permitted herein, to furnish, without expense t❑ the CITY OF LUBBOCK, a reliable surety bond, in an amount and in a form !satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and conditions contained in said agreement, and a certified copy of a policy of public liability insurance assumed by said contractors in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees t❑ give notice to LICENSEE prior to incurring any costs or expenses ❑r the payment ❑f any such claims or demands in order to give LICENSEE a reasonable opportunity t❑ settle or adjust the same. CITY shall not be liable to LICENSEE for any damages to LICENSEE's cable licensed hereunder arising out of the construction, reconstruction or maintenance ❑f the CITY's street or any of CITY's utilities in the area occupied by LICENSEE's cable. 6. LICENSEE agrees and is required to furnish a policy ❑f public liability and property damage insurance, within limits specified by, and in a form satisfactory t❑ the City Attorney for the CITY OF LUBBOCK, and which names the CITY OF LUBBOCK as the insured, said policy covering the uses herein granted. 7. All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the successors, legal representatives, assigns and the duly authorized agents and contractors of the parties heret❑ t❑ the same extent and effect as the same are binding upon and inure t❑ the benefit of the parties hereto, but no assignment hereof by the LICENSEE, its successors and assigns shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance, except as specified in numbered paragraph four (4). June 22, 1989 Page 473 8. LICENSEE, by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are intended or implied except those expressly set forth herein, and LICENSEE waives any and all claims in and to the public way it is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this license. CITY OF LUBBOCK /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: s Ranette Boyd Ranette Boyd, City Secretary AGREED TO AND ACCEPTED this 22nd day of June, 1989. WEST TEXAS MICROWAVE BY:Ls/ G. M. Batsche G. M. BATSCHE, PRESIDENT APPROVED AS TO CONTENT: /sl Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /sl Harold Willard Harold Willard, Assistant City Attorney 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 B. C. McMINN, MAYOR., 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. 1989. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 22nd day of June, /s/ Olivia R. Solis Notary Public, Lubbock County, Texas June 22, 1989 Page 474 THE STATE OF TEXAS § COUNTY OF TRAVIS § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, ❑n this day personally appeared G. M. BATSCHE, known t❑ me t❑ be the person whose name is subscribed t❑ the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated as the act and deed of WEST TEXAS MICROWAVE. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1989. Notary Public, Travis County, Texas According t❑ Staff memo, this Street Use License is for a subsurface fiber optic communications cable t❑ be located along the east side of Ash Avenue from Loop 289 north to East 58th Street. This cable will run approximately 4,120' north to south and be ❑ne foot in width. Valuation ❑f this License will be as follows: 1,600' from Loop 289 north to the Slaton Highway will be valued at $0.30 per square foot and 2,520' ❑f the License from the Slaton Highway north t❑ 58th Street will be valued at $0.50 per square foot. (These valuations were taken from the Lubbock Central Appraisal District valuations ❑f adjacent properties in that area.) Therefore: 1,600' x $0.30 = $ 480.00 $480.00 x 60% x 10% = 28.80 1,520' x $0.50 = 1,260.00 $1,260 x 60% x 10% = 75.60 The total cost of the License for one year t❑ West Texas Microwave will be $104.40 and the request is for 20 years, renewable every five years if mutually agreeable. The total first five year amount will be $522, payable upon issuance ❑f the license. The $150 application fee has been paid. Maps of the proposed route have been mailed t❑ all utility companies and City departments and the proponent has been meeting with these utility companies to answer their questions. Pat Martin, who is doing the engineering for West Texas Microwave, also met Staff to discuss this License. Ed Bucy, Right Of Way Agent, was informed by a representative of C.T.I., the parent company of West Texas Microwave, that the quality of transmission signals from their antenna tower north of Opdyke, Texas, t❑ their receiving station at 54th and Ash Avenue is constantly being interrupted due t❑ unknown conditions at standards below their acceptable level. They have tried to correct their reception problems, but have decided to install this fiber optic cable from Opdyke, Texas, to 54th and Ash Avenue to raise the standard of reception t❑ an acceptable level. June 22, 1989 Page 475 Staff recommended approval. Motion was made by Councilman Carpenter, seconded by Councilman Maloy to authorize Resolution 03129 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. 89-48A-475-357 (18.) Consider Ordinance #9288 amending Chapter 6, Article XVII entitled Board of Electrical Examiners and Article V Electrical Code. ORDINANCE #9288 AN ORDINANCE AMENDING ARTICLE XVII OF CHAPTER 2 AND ARTICLE V OF CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK WITH REGARD TO THE ELECTRICAL CODE OF THE CITY OF LUBBOCK, TEXAS; THE DUTIES OF THE BOARD OF ELECTRICAL EXAMINERS AND QUALIFICATIONS OF ELECTRICIANS WORKING IN THE CITY OF LUBBOCK; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The Board of Electrical Examiners, the Building Official and City Attorneys staff recommended that the City Council adopt changes to the City Electrical Ordinance. Some of the major changes include: Section 2-255 - Revocations, Suspensions, Complaint Procedures This section was amended to delete having to file affidavits and complaints with the City Secretary. It only created unnecessary paperwork for her, and created delays in procedures and setting up hearings. Section 2-458 This section is being amended so that it will not conflict with Section 2-166, relating to "responsibilities of the License and Appeals Board". Since the Electrical Board is responsible for hearing appeals, it is not necessary to take them to the License and Appeals Board. Also, it has created problems when one board overrules another. The City Attorney Staff recommended this change so as not to have an unqualified board overruling a decision of a qualified board. Section 2-455 This section clarifies when existing electrical systems could be used or should be replaced after being disconnected by the Fire Department due to a fire in a building. Sections 6-156 and 6-159 This section was expanded to specifically state the types of work allowed under a master and journeyman electrical license. June 22, 1989 Page 476 89-48A-476-358 (19.) Section 6-157 This section was expanded to clarify experience required to qualify an applicant for approval for examination to obtain a master or journeyman license. Section 6-247 This section was amended to clarify when to remove existing electrical wiring that is no longer being used in a building when that building is remodeled. Section 6-248 This section was amended to increase the safety of panels serving three-phase power to commercial buildings. Staff recommended approval. Motion was made by Councilman Patterson, seconded by Councilman Carpenter to pass on first reading Ordinance #9288 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. Consider Resolution #3130 authorizing the Mayor to sign an application for a Grant,_ under the Department of Transportation, Urban Mass Transportation Act of 1964, as amended to provide for operating assistance and technical studies vrant. RESOLUTION #3130 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an application for a grant, under the Department of Transportation, Urban Mass Transportation Act of 1964, as amended, to provide for Technical Studies and Operating Assistance for the period from October 1, 1989, through September 30, 1991, 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 the Resolution as if fully copied herein in detail. Passed by City Council this 22nd day of June, 1989. ATTEST:. /s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Larry Hoffman Larry Hoffman, Director of Transportation /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s J. Worth Fullin im J. Worth Fullingim, Assistant City Attorney GRANT APPLICATION FILED WITH RESOLUTION #3130 June 22, 1989 Page 477 A Notice was published on May 9, 1989, giving the general public an opportunity to comment on this application and Staff received n❑ comments. The Grant Application represents the maximum amount that Citibus will need; the actual funding levels are anticipated to be less than the amount applied for. The operating assistance portion ❑f the Grant is funded by a 50% Federal Share and a 50% local share. The operating portion of the grant, as submitted, will include a local share of $1,130,000, of which $646,360 will be provided by the City of Lubbock, $180,000 by the State Department of Highways and Public Transportation, $292,850 by Texas Tech University Student Funds, and $10,790 in route guarantees. The approval of this grant is needed t❑ continue the current level of service for October 1, 1989 through September 30, 1990. The technical studies portion of the Grant is required in order to maintain eligibility for capital and operating funding. This portion of the grant is 80% federally funded, 13% funded by the State Department of Highways and Public Transportation, and 7% funded by the City of Lubbock; $100,000 will be provided by the Federal Government, $16,250 by the State, and $8,750 by the City. These funds will be used to fund the transit planning activities as defined in the Fiscal Year 1990 Unified Work Program. Review of Citibus' Cash Handling Procedures $ 7,500 Comprehensive Analysis of the Maintenance Department $ 15,000 Analysis of the Demand Response Service $ 40,000 Comprehensive Operational Analysis $ 35,000 Safety/Drug Control Planning $ 5,000 Alternative Financial and Operational Scenario $ 7,500 Monitor System and Service Development $ 6,000 Maintenance of Eligibility $ 4,000 Training and Professional Development $ 5,000 At their June 6, 1989 meeting, the Lubbock Public Transit Advisory Board recommended that the City submit this application to the Urban Mass Transit Administration. Staff recommended approval of this application. June 22, 1989 Page 478 89-48A-478-359 (20.) Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to authorize Resolution #3130 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. Consider Resolution #3131 authorizing the Mayor to sign an Amendment to Contract F41620-78-006 between the City of Lubbock and Reese Air Force Base United States Government , -_pertaining to water rates to be paid by Reese Air Force Base for water service. RESOLUTION #3131 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment to Contract F41620-78-006 with Reese Air Force Base/United States Government pertaining to water rates to be paid by Reese Air Force Base for water service by the City of Lubbock, a copy of which Amendment, along with a copy of a 1980 Amendment and the original contract are attached hereto and made a part hereof for all purposes and shall be spread upon the minutes of the City Council of the City of Lubbock. Passed by the City Council this 22nd day of June, 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 Carroll McDonald /s/ Donald G. Vandiver Carroll McDonald, Assistant City Donald G. Vandiver, First Manager of Utilities Assistant City Attorney AMENDMENT TO CONTRACT FILED WITH RESOLUTION #3131 89-48A-478-360 (21.) The proposed Contract Amendment raises the water rate for Reese Air Force Base from $.62 per thousand gallons t❑ $.91 per thousand gallons over a four month period. The $.91 rate represents the lowest rate for any like customer (Texas Tech, LISD) and is within the intent ❑f the original contract. The proposed rate represents the lowest block charge in the current water rates. Motion was made by Councilman Carpenter, seconded by Councilman Patterson t❑ authorize Resolution #3131 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. an. e inc reauestina the Citv of ntended Use June 22, 1989 Page 479 RESOLUTION #3132 RESOLUTION REQUESTING TO BE INCLUDED ON THE TEXAS WATER DEVELOPMENT BOARD FISCAL YEAR 1990 INTENDED USE PLAN THE STATE OF TEXAS § COUNTY OF LUBBOCK § CITY OF LUBBOCK § WHEREAS, the City of Lubbock, Texas, (hereinafter referred to as City) has reviewed its wastewater needs and found that it is necessary to construct wastewater facilities to meet those needs; and WHEREAS, the City deems it necessary to express its interest and commitment to seek funds from the Texas Water Development Board's (hereinafter referred to as Board) State Water Pollution Control Revolving Fund (hereinafter referred to as SRF) in order to finance its wastewater needs; and WHEREAS, in order to secure future financing from the SRF, the City must make certain commitments to the Board to be placed on the Board"s Intended Use Plan; and WHEREAS, the City has determined that it has the financial capability, to finance projects through the SRF to meet its wastewater needs; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1. THAT the City will take necessary actions to fund the projects) designated as long term improvements to wastewater treatment and disposal facilities through a loan from the SRF from the Texas Water Development Board. SECTION 2. THAT the City is hereby informing the Board of its desire to receive financial assistance in the amount of $49,400,000 from the Board's SRF. SECTION 3. THAT the City will file an application for a loan from the SIRF on or before March 15th of the funding year, and will proceed as, expeditiously as possible to secure a loan commitment from the Beard. SECTION 4. THAT the City will strictly adhere to the project schedule negotiated with the Board and will meet all federal and state requirements. SECTION 5. THAT a certified copy of this Resolution small be submitted to the Board to insure that the City will be included in the Fiscal Year 1990 Intended Use Plan. Passed by the City Council this 22nd day of June, 1989. ATTEST: Is Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Isl Dan A. Hawkins Dan A.. Hawkins, Director of Water Utilities Is1 B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Is J. Worth Fullin im J. Worth Fullingim, Assistant City Attorney June 22, 1989 Page 480 CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS § COUNTY OF LUBBOCK § CITY OF LUBBOCK § We, the undersigned officers of said City, hereby certify as follows: 1. The City Council of said City convened in Lubbock, Texas, meeting on the 22nd day of June, 1989, in the City Council Chambers at the Municipal Building, 1625 13th Street, and the roll was called of the duly constituted officers and members of said City Council, to -wilt: MAYOR B. C. McMinn MAYOR PRO TEM Joan Baker COUNCILMEMBERS Maggie Trejo, T. J. Patterson, George W. Carpenter, Bill Maloy, Gary Phillips. and all of said persons were present, except the following absentees: Councilmembers Trejo and Phillips, thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written RESOLUTION REQUESTING TO BE INCLUDED ON THE TEXAS WATER DEVELOPMENT BOARD FISCAL YEAR 1990 INTENDED USE PLAN was duly introduced for the consideration of said City Council and read In full. It was then duly moved and seconded that said Resolution be adopted; and after due discussion, said motion carrying with it the adoption of said Resolution, prevailed and carried by the following vote: AYES: 5 NAYS: 0 2. That a true, full and correct copy of the aforesaid Resolution adopted at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Resolution has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full and correct excerpt from said City Council's minutes of said Meeting pertaining to the adoption of said Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of said City Counciil as indicated therein; that each of the officers and members of sand City Council was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the aforesaid Meeting, and that said Resolution would be introduced and considered for adoption at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose, and that said Meeting was open to the public and public notice of the time, place and purpose of said meeting was given, all as required by Article 6252-17, Vernon's Ann. Civ. Stat. 3. That the Mayor of said City has approved and hereby approves the aforesaid Resolution; that the Mayor and the City Secretary of said City have duly signed said Resolution; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Resolution for all purposes. June 22, 1989 Page 481 SIGNED AND SEALED THE 22ND DAY OF JUNE, 1989. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s Ranette Boyd Ranette Boyd, City Secretary The City of Lubbock Water Utilities staff and the Engineers contracted to assist the City in the pursuit of the State Revolving Funds held a pre- planning conference with the Texas Water Development Board on April 19, 1989, to discuss strategies and acquisition of State Revolving Fund (SRF) monies for long-term improvements to Lubbock's wastewater treatment and disposal facilities. As a result of this meeting, and subsequent meetings with the City Council, the City Council has determined it to be in the City's best interest to pursue funding through the {SRF} program during the Texas Water Development Board's 1990 Fiscal Year. Due to the Board's requirements, the first item addressed in the pursuit of the SRF funding was the development and submittal of a formal Priority Rating Report. This report is necessary for the Texas Water Development Board to develop its Fiscal Year 1990 Intended Use Plan. All communities interested in being considered for State Revolving Fund assistance next year must complete the Priority Rating Report form and return the Report to the Board no later than July 1, 1989 in order for their project to be ranked in the priority order in the Fiscal Year 1990 Intended Use Plan (IUP). projects for which State Revolving Fund Priority Rating Reports are received after July 1, will be placed at the bottom of the list in accordance with the Board rules. In addition to submitting the State Revolving Fund Priority Rating Report, each applicant is required by Board rules to submit by the date of the required I.U.P. public hearing a certified copy of a resolution of its governing body. The resolution must include all of the provisions identified by the Board. Based upon the provisions of the Board, the City staff developed the "Resolution Requesting To Be Included in the Texas Water Development Board Fiscal Year 1990 Intended Use Plan". This Resolution identifies the amount of financial assistance the City of Lubbock is requesting from the Board's SRF program. The City Council authorized execution of the Contract for engineering services with Black and Veatch Engineers May 17, 1989. Since that time, in an effort to meet the Priority Rating Report deadline of July 1, 1989, these engineers have worked diligently to develop preliminary alternatives for consideration during development of the SRF Engineering Plan. Based upon their early indications of the most feasible alternatives, as well as their consideration of June 22, 1989 Page 482 the recommendations of the Wastewater Advisory Committee (September, 1988), the engineers have developed a cost estimate for the tentatively proposed project to address the City's long-term wastewater treatment and disposal needs of $49,400,000. This dollar amount, once submitted to the Texas Water Development Board with the Priority Rating Report, will establish the maximum amount the City of Lubbock can receive in financial assistance through the Board's SRF Program. This dollar amount therefore, includes alternatives considered during the early pre - evaluation periods and may not reflect the alternatives ultimately recommended by the engineers. It is the policy of the Texas Water Development Board that funding through the State Revolving Fund will be only for facilities that are shown to be the most cost effective alternative. Should a more expensive alternative be selected by the City Council for a long-term resolution of the City's wastewater treatment and disposal needs, the City would have the option of funding the difference between the most cost effective alternative and the City's selected alternative through local bond issues. Although a total stream discharge facility now appears to be the most costly alternative, to insure compatibility with the wastewater permit application now being considered by the Texas Water Commission, and to ensure that all alternatives are evaluated, a total stream discharge facility will be one of the alternatives evaluated in the SRF Engineer Plan development. Projected flows for the proposed facility to meet the long-term (20-year) needs of Lubbock are estimated to be, for a 30-day average, 30 million gallons per day. The engineer's preliminary recommendations include rehabilitation of certain existing facilities as well as construction of a new treatment facility to meet the projected needs of the City. Costs associated with these improvements are as follows: Construction costs of wastewater treatment plant improvements and upgrades $35,200,000 Collection System Improvements 500,000 Engineering (at 10%) 3,500,000 Financial, Legal, Administrative 1,700,000 (at 5%) Land and Easements 700,000 Contingencies (at 10%) 3,500,00O Total Plant and Disposal Site 45,100,00O Costs (in 1989 dollars) Anticipated Inflation until 1991 4,300,00O Bid Date (at 9.5%) ESTIMATED TOTAL PROJECT COSTS $49,400,00O June 22, 1989 Page 483 ESTIMATED PROJECT SCHEDULE: Receive Bids: July 1, 1991 Date Construction Should Begin: October 1, 1991 Estimated Date Project Completion: October 1, 1994 Costs estimates are based on actual bid prices received for construction of wastewater treatment improvements for the City of Amarillo, the City of Mesquite, and other projects within the current data base of the outside engineer, as well as construction cost estimate curves as identified in reports from the Environmental Protection Agency. During the SRF Engineering Plan development the engineers will evaluate all of the alternatives which are now or may be considered feasible for the treatment and ultimate disposal of Lubbock's wastewater through the year 2010. The three major alternative categories for wastewater treatment and disposal are: 1) Continuation of Land -Application, 2) Total Stream Discharge, 3) Combination Land - Application and Stream Discharge. These three alternatives, as well as the estimated total project cost estimates, are consistent with the recommendations of the Wastewater Advisory Group as submitted to the Council in the Fall of 1988. Once all Priority Rating Reports have been submitted to the Texas Water Development Board, a preliminary Intended Use Plan will be developed. This Intended Use Plan will identify projects anticipated to receive loans from the Fiscal Year 1990 available funds. Once a preliminary Plan has been developed it will be subjected to a public hearing (as soon as practicable following the July 1 deadline for the submittal of the Priority Rating Report). This public hearing could be held as early as the end of July, 1989. It has been the Board's policy that loan assistance not exceed the cost estimate contained within the Priority Rating Report. Any funds which may become available due to project costs being less than costs identified in the Intended Use Plan will be subject to Board reallocation to other projects within the same population classification. Therefore, to ensure that Lubbock applies for adequate funding to construct the facilities identified by the consulting engineers and approved by the City Council, the total project cost estimate contained in this Resolution of $49,400,000 may be higher than the actual project costs. The costs of the SRF Engineering Plan and other internal project development costs are included in this total project cost estimate. Comparing the value of funding through the Texas Water Development Board at the current 5'9'% with the current bond rate of 70 which the City of Lubbock could obtain, and using the total project cost estimate of $49,400,000 financed over a 20-year period, the total savings in interest expense would amount to approximately $9,800,000. June 22, 1989 Page 484 89-48A-484E-361 (22.) The engineers have tentatively scheduled the first Council briefing and subsequent public meeting (to be held in the evening), to discuss the preliminary findings of the first phases of the SRF Engineering Plan, for July 27, 1989. Staff recommended approval of this resolution. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to authorize Resolution #3132 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. Consider Resolution to sign an agreemen University and Heal Foundation for rese for Lubbock Power a RESOLUTION #3133 3 authorizing the mayor h the Texas Tech iences Center Research and development service WHEREAS, the City Council deems it to be in the best interest of the citizens of the City of Lubbock, Texas, to enter into a Research and Development Agreement with the Texas Tech University and Health Sciences Center Research Foundation; and WHEREAS, said Agreement will serve to benefit the citizens by improving the efficiency of Lubbock Power and Light through specific technical research programs as described in said Agreement; NOW THEREFORE„ BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Research and Development Agreement with the Texas Tech University and Health Sciences Center Research Foundation, a nonprofit corporation, for technical research programs. A copy of said Agreement is attached hereto and made a part hereof for all purposes and shall be spread upon the minutes of the City Council of the City of Lubbock. Passed by the City Council this 22nd day of June, 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: sl Carroll McDonald /s/ Donald G. Vandiver Carroll McDonald, Assistant City Donald G. Vandiver, First Manager of Utilities Assistant City Attorney RESEARCH AND DEVELOPMENT AGREEMENT FILED WITH RESOLUTION #3133 Lubbock Power and Light has developed several small projects to increase its overall system reliability, reduce system losses and improve customer service. However, due to the labor intensive nature of these projects and the shortage of available manpower to do these projects, negotiations have been undertaken with the Texas Tech University and Health Sciences June 22, 1989 Page 485 Center Research Foundation to perform the projects. These negotiations have produced a Research and Development Agreement which Staff recommended for Council approval. In essence, LP&L would pay all expenses and the Foundation would perform the research. If a commercial product is developed as part of this research, LP&L and the Foundation would share in its benefits. The Agreement covers two years of research with a provision that not more than $50,000 be spent in any year. Each task is identified and the Foundation quotes a fixed cost prior to the project starting. Two projects have been identified and scheduled for completion prior to September 30, 1989. The first task is to develop computer software to estimate the energy usage of a typical commercial building in Lubbock with a minimum of known data. (The cost for this project is $14,000). The second task is to develop a heat exchange tube replacement schedule to improve the reliability of LP&L's generation. (The cost for this project is $21,000. Motion was made by Councilman Carpenter, seconded by Councilman Maloy to authorize Resolution #3133 as recommended by Staff. Motion carried: 4 Yeas; 0 Nays; 1 Abstention --Mayor Pro Tem Baker (who serves as President of the Research Foundation). 89-48A-485-362 (23.) Consider Resolution #3134 authorizing the _Mayor to sign an amendment to Lease Agreement with Texland Petroleum Inc. RESOLUTION #3134 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment to Oil, Gas and Mineral Lease between the City of Lubbock and Texland Petroleum, Inc., 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 22nd day of June, 1989. /s/ B. C. McMinn B. C. McMINN,_ MAYOR ATTEST: /s/ Ranette Boyd Ranett:e Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: /s/ Robert Massengale /s/ John C. Ross, Jr. J. Robert Massengale, Assistant John C. Ross, Jr., City Manager for Financial Services City Attorney June 22, 1989 Page 486 AND FOR the same consideration as above stated the City of Lubbock does hereby ratify, confirm and declare the LEASE to be in full force and effect as to all of Section 5, Block A, TT RR Co. Survey, Abstract 87, Lubbock County, Texas; and does hereby lease, let and demise said lands unto the record holders of the LEASE upon the terms and conditions set out therein and as amended hereby. IN WITNESS WHEREOF this Amendment and Stipulation Agreement to Oil, Gas and Mineral Lease is executed this 22nd day of June, 1989. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary STATE OF TEXAS § COUNTY OF LUBBOCK § THE CITY OF LUBBOCK /s B. C. McMinn B. C. McMINN, MAYOR Before Me, the undersigned authority, a Notary Public in and for said Country, Texas, on this day personally appeared B. C. McMinn, Mayor, 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 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 therein stated. /s Olivia R. Solis Notary Public for the State of Texas My Commission Expires November 301989 AMENDMENT TO OIL, GAS, AND MINERAL LEASE CITY OF LUBBOCK - SECTION 5, BLOCK A STATE OF TEXAS § COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS: THAT reference is hereby made to that certain Oil and Gas Lease dated December 13, 1984, recorded in Volume 55, Page 685 of the Oil and Gas Lease Records ❑f Lubbock County, Texas, executed by the City of Lubbock, in favor of Texland Petroleum, Inc., and covering the following described lands: All of Section 5, Block A, TT RR Survey, Abstract 87, Lubbock County, Texas said lease being herein referred to as the LEASE; 'THAT Section 5(c) of the LEASE provides that after the expiration of the primary term the LEASE shall continue in force in its entirety as long as Lessee conducts continuous drilling operations on the leased premises with no more than six months between wells. 'THAT Texland Petroleum, Inc. (TEXLAND) as the lessee and part owner of the LEASE has heretofore, caused four ❑il wells to be drilled upon the LEASE, and as a result the LEASE currently remains in full force and effect as to all of said Section 5; 'THAT TEXLAND has requested the City ❑f Lubbock t❑ amend Section 5(c) of the LEASE to allow time saved by the early commencement ❑f drilling operations ❑n each additional well be applied to the subsequent drilling period(s), thereby accumulating time saved by early commencement ❑f drilling ❑perations on subsequent wells. June 22, 1989 Page 487 THAT the City of Lubbock desires to encourage TEXLAND and the other lease owners to drill additional wells on the LEASE, and acknowledges the benefits to be derived by the City of Lubbock from such additional drilling. NOW THEREFORE for and in consideration of the above stated premises, Ten Dollars and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City of Lubbock does hereby amend Section 5(c) of the LEASE so as to add the following to the end of the second paragraph of Section 5(c): "Should Lessee commence operations for drilling an additional well before the end of the drilling period for such well, then the time remaining in said drilling period shall be applied to the subsequent drilling period; moreover time saved by early commencement of operations for drilling of each additional well shall be accumulated so as to extend the time within which subsequent wells may be drilled." FURTHERMORE, the City of Lubbock does hereby stipulate and agree that the four wells heretofore drilled by TEXLAND on the LEASE have been timely commenced, that TEXLAND has until April 30, 1989, to commence operations for drilling a fifth well on the LEASE pursuant to the provisions of Section 5(c) thereof, and that the Amendment herein provided shall be effective and apply to all wells drilled on the LEASE subsequent to March 1, 1989. This is a request of Texland Petroleum, Inc. regarding a proposed Amendment to the ail and Gas Lease between the City and Texland Petroleum, Inc. which will aid in expediting drilling operations. The proposed Amendment would allow Texland to receive credit under Section 5(c) of the Lease, which is the continuous drilling provision for all wells drilled in advance of the time required by that provision. Texland is not asking for additional time over and above that now allowed by the Lease, but simply asking that the Lease be amended to allow the wells to be drilled well in advance of the required date. This would allow more flexibility in the drilling program and will bring more wells on line earlier, which will work to the benefit of the City. Staff recommended approval. Motion was made by Councilman Maloy, seconded by Councilman Patterson to authorize Resolution #3134 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. 89-46A-487-363 (24.) Consider Resolution #3134-A concerning Southwestern Bell Telephone's Texas First Plan. RESOLUTION #3134-A WHEREAS, the City of Lubbock, as a leading community in the State of Texas, recognizes the advantages of having an updated telecommunications network; and WHEREAS, Southwestern Bell Telephone Company has provided the City with a modern, in -place telecommunications network, and has partnered with the City in providing assistance on a variety of economic development efforts; and June 22, 1989 Page 488 WHEREAS, Southwestern Bell Telephone Company has presented its "Texas First" plan to members of the Lubbock City Council, the City Manager, and City staff; and WHEREAS, "Texas First" might provide certain advantages to the citizens of Lubbock who are Southwestern Bell Telephone subscribers; and WHEREAS, there may be certain economic development opportunities for the Lubbock area and the State of Texas with the "Texas Firs" plan; and WHEREAS, the Company's existing Minority Vendor Selection Program will be utilized if outside contract labor is required in implementing "Texas First;" and WHEREAS, the "Texas First" proposal is included in the Public Utility Commission's Docket 8585; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Lubbock City Council hereby generally endorses the broad concepts of economic development initiatives as expressed in the "Texas First" plan presented by Southwestern Bell Telephone Company to the Public Utility Commission and requests that the Texas Public Utility Commission give consideration to the economic development aspects of the plan and provide the lowest possible rates to its customers. SECTION 2. THAT this Resolution shall take effect immediately from and after its passage and it is accordingly so resolved. Passed by the City Council this 22nd day of June, 19B9. ATTEST: /s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Robert Massengale Robert Massengale, Assistant City Manager for Financial Services /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: s/ John C. Ross Jr. John C. Ross, Jr., City Attorney At the City Council's direction, Staff prepared a Resolution that would support the economic development concepts in the Texas First Plan. The resolution also indicates that the City Council would support the current P.U.C. guidelines for return on equity investment. Motion was made by Councilman Carpenter, seconded by Councilman Maloy to authorize Resolution #3134-A and stipulating that the wording in Section 1 be changed to read as follows: "Request the Texas Public Utility Commission give considerations to the economic development aspects of the plan, at the same time providing the lowest possible rates to the citizens of Texas" and that Section 2 be deleted entirely. Motion carried: 5 Yeas; 0 Nays. June 22, 1989 Page 489 89-48A-489-364 (25.) Consider matters incident and related to the issuance and sale of 17,445,000 City of Lubbock Texas General Obligation Bonds Series 1989 an 3,800,000 City of Lubbock, --Texas, Certificates of Obliaation. Series 1989. RESOLUTION #3135 A Resolution approving and authorizing publication of Notice of Intention to issue Certificates of Obligation. WHEREAS, the City Council of the City of Lubbock, Texas, has determined that certificates of obligation should be issued under and pursuant to the provisions ❑f Subchapter C of Chapter 271, Local Government Code, for the purpose of paying contractual obligations to be incurred for (i) the purchase of any land and rights -of -way for authorized needs and purposes, and (ii) professional services; and WHEREAS, prior t❑ the issuance of such certificates, the City Council is required to publish notice of its intention to issue the same in a newspaper of general circulation in the City, said notice stating (i) the time and place the Council tentatively proposes to pass the ordinance authorizing the issuance of the certificates, (ii) the maximum amount proposed to be issued, (iii) the purposes for which the certificates are t❑ be issued and (iv) the manner in which the Council proposes to pay the certificates; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1: That the City Secretary is hereby authorized and directed to cause notice to be published of the Councils intention to issue certificates of obligation in the principal amount not to exceed $3,800,000 for the purpose of paying contractual obligations to be incurred for (i) the purchase of any land and rights -of -way for authorized needs and purposes, and (ii) professional services, such certificates to be payable from ad valorem taxes. The notice hereby approved and authorized to be published shall read substantially in the form and content of Exhibit A hereto attached and incorporated herein by reference as a part ❑f this resolution for all purposes. SECTION 2: That the City Secretary shall cause the aforesaid notice to be published in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication to be before the fourteenth day before the date stated therein for the first reading of the ordinance authorizing the issuance of the certificates of obligation. PASSED AND AOPTED ON THIS THE 22ND DAY OF JUNE, 1989. Isl B. C. McMinn B. C. McMINN, MAYOR ATTEST: s Ranette Boyd Ranette Boyd, City Secretary EXHIBIT A June 22, 1989 Page 490 NOTICE OF INTENTION TO ISSUE CITY OF LUBBOCK, TEXAS, CERTIFICATES OF OBLIGATION TAKE NOTICE that the City Council of the City of Lubbock, Texas, shall convene at 9:00 o'clock A.M. on the 13th day of July, 1989, at its regular meeting place in the City Hall of said City, and, during such meeting, the City Council will consider the first reading of an ordinance authorizing the issuance of certificates of obligation in an amount not to exceed $3,800,000 for the purpose of paying contractual obligations to be incurred for (i) the purchase ❑f any land and rights -of -way for authorized needs and purposes, and (ii) professional services, such certificates to be payable from ad valorem taxes. The certificates are t❑ be issued, and this notice is given;, under and pursuant to the provisions of Subchapter C ❑f Chapter 271, Local Government Code. 89-481k-490-365 RESOLUTION #F3136 /s/ Ranette Boyd City Secretary, City of Lubbock, Texas Citv Council of the C on ❑ ce .;. Sale pertaining to each issue of obligations ang other matters inc thereto." WHEREAS, Notices ❑f Sale have been prepared by First Southwest Company, the financial advisor of the City of Lubbock, Texas (the "City"'), in connection with the issuance and sale of $7,445,000 "City of Lubbock, Texas, General Obligation Bonds, Series 1989" and $3,800,000 "City of Lubbock, Texas, Certificates of Obligation, Series 1989", and submitted to the City Council and staff of the City for review and comments; and WHEREAS, the Council finds and determines that the aforesaid documents pertaining to the sale ❑f each issue of obligations should be approved and authorizaion should be given to the City Secretary to proceed with the publicaiton ❑f an advertisement for the sale of the obligations in accordance with Article VIII, Section 5 ❑f the City Charter of the City; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1: That the Notice of Sale prepared in connection with the issuance and sale ❑f $7,445,000 "CITY OF LUBBOCK, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1989" is hereby approved, such document being attached hereto as Exhibit A and incorporated herein by reference and made a part of this resolution for all purposes. SECTION 2: That the Notice of Sale prepared in connection with the issuance and sale of $3,800,000 "CITY OF LUBBOCK, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1989" is hereby approved, such document being attached hereto as Exhibit B and incorporated herein by reference and made a part of this resolution for all purposes. June 22, 1989 Page 491 SECTION 3: First Southwest Company is further authorized and directed to prepare for each issue of obligations an "Official Statement" and an additional "Notice of Sale", both of which are for distribution to prospective bidders with respect to said obligations. PASSED AND ADOPTED ON THIS 22ND DAY OF JUNE, 1989. ATTEST: Isl B. C. McMinn B. C. McMINN, MAYOR Is/ Ranette Boyd Ranette Boyd, City Secretary EXHIBIT A NOTICE OF SALE CITY OF LUBBOCK TEXAS 'The City Council ❑f the City of Lubbock, Texas, will received sealed bids at the City Council Chambers, Municipal Complex, 1625 13th :Street, Lubbock, Texas, until 11:00 A.M., Central Daylight Time, Thursday, August 10, 1989, for the following described Bonds: $7,445,000 City of Lubbock Texas, General Obligation Bonds, Series 19B9 Dated August 15, 1989; principal due February 15 of each year as follows: $370,000 each year 1990 through 2000 and $375,000 each year 2001 through 2009; interest payable February 15, 1990, and each August 15 and February 15 thereafter. The City reserves -the right, at its option, to redeem Bonds maturing ❑n and after February 15, 2000, on February 15, 1999, ❑r any date thereafter, at the par value thereof plus accrued interest to the date fixed for payment. Further information may be obtained from the Division of Finance, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457; or from First Southwest Company, 500 First City Center, 1700 Pacific Avenue, Dallas, Texas 75201, Financial Consultants to the City. EXHIBIT B Ranette Boyd City Secretary City of Lubbock NOTICE OF SALE CITY OF LUBBOCK, TEXAS The City Council of the City of Lubbock, Texas, will receive sealed bids at the City Council Chambers, Municipal Complex, 1625 13th Street, Lubbock, Texas, until 11:00 A.M., Central Daylight Time, Thursday, August 110, 1989, for the following described Certificates of Obligation: 3.800.000 Citv ❑f Lubbock, Texas Certificates ❑f Obligation. Series 1989 Dated August 15, 1989; principal due February 15 of each year as follows: $190,000 each year 1990 through 2009; interest payable February 15, 1990, and each August 15 and February 15 thereafter. The City reserves the right at its option, to redeem Certificates of Obligation maturing on and after February 15, 2000, on February 15, 1999, or any date thereafter, at the June 22, 1989 Page 492 par value thereof plus accrued interest to the date fixed for payment. Further information may be obtained from the Division of Finance, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457; or from First Southwest Company, 500 First City Center, 1700 Pacific Avenue, Dallas, Texas 75201, Financial Consultants to the City. Ranette Boyd City Secretary City of Lubbock The proposed projects to be included in the bond issue are as follows: Streets East-West Freeway right-of-way $2,600,000 Traffic Signals $ 200,000 Indiana right-of-way 500,000 Total: $3,300,000 Water Rights and Supply $1,987,000 Sewer $2,158,000 Total: $7,445,000 Certificates of Obligation_ For East-West Freeway $3,800,000 right-of-way Grand Total 112245,000 There will need to be a special meeting held on the morning of August 11 t❑ read the ordinance for the bond sale on second reading. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to authorize Resolution #'s 3135 and 3136 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. 89-48A-492-366 (26.) BID #10212--Vacuum switches (Electric Distribution). Temple, Inc.--7 Three-way vacuum switch; 4 Four- way vacuum switch. Motion was made by Councilman Carpenter, seconded by Councilman Patterson t❑ authorize low bid meeting specifications. Motion carried: 5 Yeas; 0 Nays. 89-48A-492-367 (27.) BID #10154--Irrigation System parts (Parks and Recreation). Neumark Co.--Irri-Trot accessories; Weathermatic whole goods; Weathermatic repair parts; Weathermatic accessories. D'Tool plastic Pipe, Inc. --Toro whole goods; Toro repair parts; Rainbird whole goods and accessories: A. Category 1, III and VIII and B. Category II; D. Category V; F. Category VII; Rainbird repair parts (tie bid). June 22, 1989 Page 493 Watermaster Irrigation--Rainbird whole goods and accessories: C. Category IV; E. Category VI; Irri-Trol whole goods; Irri-Trot repair parts. Motion was made by Councilman Carpenter, seconded by Councilman Patterson authorizing low bids meeting specifications and stipulating tie bid be awarded to O'Tool Plastic Pipe, Inc. Motion carried: 5 Yeas; 0 Nays. 89-48A-493--368 (28.) BID #10251--Office Systems (Building Maintenance). Nester's Office Supply--Lt. Haworth Office Systems (Municipal Square renovation). Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize low bid meeting specifications. Motion carried: 5 Yeas; 0 Nays. 89-48A-493--369 (29.) BID #10210--Switchgear, pad -mounted (Electric_ Distribution). S&C Electric Co., Dallas--2 pad -mounted switchgear. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize low bid meeting specifications. Motion carried: 5 Yeas; 0 Nays. 89-48A-493-370 (30.) BID #1D198--Municipal Square carpet renovation, and authorize same (Building Maintenance). RESOLUTION #3137 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract by and between the City of Lubbock and Jack Harvey & Company -For Municipal Square interior (carpet) renovation, 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 22nd day of June, 1989. ATTEST: sl Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Isl Gene Eads Gene Eads, Purchasing Manager /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /sl Harold Willard__ Harold Willard, Assistant City Attorney June 22, 1989 Page 494 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 25th day of May, 1989 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Jack Harvey & Company, Inc. of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 10198 - MUNICIPAL SQUARE INTERIOR (CARPET) RENOVATION IN THE AMOUNT OF $38,432.20 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do s❑ shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore„ subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s Ranette Boyd Secretary APPROVED AS TO CONTENT: s Gene Eads Gene Eads, Purchasing Manager. ATTEST: COMPLETE ADDRESS: Jack Harvey and Company 2014 50th Street Lubbock, Texas 79412 CITY OF LUBBOCK, TEXAS (OWNER) /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney CONTRACTOR: Jack Harvey & Co. June 22, 1989 Page 495 Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize Resolution #3137 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. 89-48A-495-371 (31.) BID #10245--Flow meters (Water Utilities). Water & Waste Products, Dallas--13 open -channel flowmeters with accessories. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize low bid meeting specifications. Motion carried: 5 Yeas; 0 Nays. 89-48A-495-372 (32.) BID #10201--Auditorium Coliseum concrete repair and authorize same Auditorium/Coliseum . RESOLUTION #3138 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 on behalf ❑f the City of Lubbock a Contract by and between the City of Lubbock and Hub City Pavers, Inc. for Auditorium/ Coliseum concrete repair, 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 22nd day of June, 1989. ATTEST: /s/ Ranette Boyd _ Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Geane Eads Gene E:ads, Purchasing Manager CONTRACT STATE OF TEXAS COUNT)' 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 into this 25th day of May, 1989 by and between the City ❑f Lubbock, County of Lubbock, State of Texas„ acting by and through B.C. McMinn, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Hub City Pavers, Inc. of the, City of Lubbock, County ❑f Lubbock, and the State ❑f Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, t❑ be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements descriibed as follows: June 22, 1989 Page 496 BID NO. 10201 - AUDITORIUM/COLISEUM CONCRETE REPAIRS FOR THE AMOUNT OF $71,446.74 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore„ subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: s Ranett:e Boyd Secretary APPROVED AS TO CONTENT: /s/ Robyn Williams Robyn Williams ATTEST: /s Gladys Abbott Gladys Abbott, Secretary COMPLETE ADDRESS: Hub City Pavers, Inc. 4505 22nd Place Lubbock, TX 79407 Hub City Pavers CITY OF LUBBOCK, TEXAS (OWNER) /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s Harold Willard Harold Willard, Assistant City Attorney CONTRACTOR: /s/ Glen Sartes Glen Sartes, President Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize Resolution #3138 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. 89-48A- 496-373 (33.) BID #10230--Annual glove requirements (Central Warehouse). Saf-T-Glove, Grand Prairie--350 pr. Pigskin leather glove; 1,200 pr. Jersey cotton gloves; 60 pr. 86-446 Utility gloves. Service Distributors, Hale Center--1,530 pr. Deerskin leather gloves; 160 pr. No. 4 acid proof gloves. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize low bids meeting specifications. Motion carried: 5 Yeas; 0 Nays. June 22, 1989 Page 497 89-48A-497-374 (34.) BID #10233--Ion and gas chromato ra hs Water Treatment . Scientific Marketing, Georgetown--1 Gas chromatograph. Dionex Corp., Houston --I Ion chromatograph. Motion was made by Councilman Carpenter, seconded by Councilman Patterson t❑ authorize low bids meeting specifications. Motion carried: 5 Yeas; 0 Nays. 89-48A-497-375 (35.) BID #10219--Home Security-deadbolt_locks, viewers, lights (Community Development). Dan Moore Construction--200 Deadbolt locks wlinstallation; 200 door viewer wlinstallation; 200 light control wlinstallation. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize low bid meeting specifications. Motion carried: 5 Yeas; 0 Nays. (36.) Hold an Q Board of Electrical Examiners Lubbock Libraries Board Lubbock Public Transit Advisory Board Permit and License Appeal Board Private Industry Council 89-48A-497-•376 (37.) Consider one appointment to the Board of Electrical Examiners to fill the unexpired term of Mr. Bob Dozier, who resigned prior to completing his December 31, 1989 term. Mr. Dozier is the Home Builders representative on this board. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to appoint Randy Neugebauer t❑ replace Bob Dozier on the Board of Electrical Examiners. Motion carried: 5 Yeas; 0 Nays. 89-48A--497-377 (38.) Consider one o has resianea. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to appoint Vanessa Sims to replace Jewell Phea on the Lubbock Libraries Board. Motion carried: 5 Yeas; 0 Nays. June 22, 1989 Page 498 89-48A-498-378 (39.) Consi 89-48A-498-379 to the Lubbock Pu Transit Advisory boara. ine terms oT iruay Putteet and Gary 8ellair will expire on June 24, 1989. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to reappoint Trudy Putteet and Gary Bellair to the Lubbock Public Transit Advisory Board. Motion carried: 5 Yeas; O Nays. (40.) Consider six appointments to the Permit and License Appeal Board. Membership on the board was increased by two and terms of Tom Ingram, Dr. Weston Petty, Tomas Garza, and Presley Shofner have expired. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to reappoint Tom Ingram, Dr. Weston Petty, and Presley Shofner, and to appoint Burt Sinclair to represent Public Safety field; John Wilson to represent Transportation field; and whomever holds position of Secretary to the Lubbock Board of Health to the Permit and License Appeal Board. Motion carried: 5 Yeas; O Nays. 89-48A-498-380 (41.) Consider one appointment to the Private Indus Council to fill the unexpired term of Jack Ve who resigned prior to completing his June 30, 1990 term. Mr. Veazy is Labor representative this board. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to appoint Dirk Parks to fill the unexpired term of Jack Veazy on the Private Industry Council. Motion carried: 5 Yeas; D Nays. There being no further business to come before Council, motion was made by Councilman Patterson, seconded by Councilman Maloy to adjourn the meeting at 11:05 a.m. Motion carried: 5 Yeas; D Hays. C. MCMTNN; MAYOR qRanete Boyd, City Secretor Z/ READ ,AND APPROVED THIS 13TH DAY OF JULY, 1989. 4 . C. MCMI N, MAOR ATTES' Ranet"City NOTICE THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Frances Flo rnandez Before R —140 a Notary Public in and for Lubbock Count NOTICE is hereby given that a Public hearing will be held an June 22, 19$9 in the City Council Cham- Texast at210ry220 A,M 1C Lubbock,siidee Pie for an Oil and Gas Grilling Per - urnforin011nofTextandingP Per - mitlocated: ppersonally appeared TsJg AufiI I s Account Manager of the Sc Fp pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning. Evenir b me duly sworn did depose and say that said newspaper has been published c( being Y P y than fifty-two weeks prior to the first insertion of this Leila I Notice - No. 5064 at Lubbock County, Texas an In$ect!on S.Block A.LuIrk County. Texas, the Well Iocal;on is proposed 870fee eas of he fee' south and $76 feet test of the north' Lit - west corner. The well site far 29 Lubhelrs rP is north of Loop xI99 and east a N previoift. Storage d ' Proposed of a previously approved tankbaflerv- r y ed copy of the e G e I N d t 1 c t Avalanche -.Journal on the following dates: is a true cop of the ❑riginal and was Fr .Jdfle 79 1989 Foradditional information, contact Randy Henson. 762.E+11, extension 2103. 210 Wo rda 0 .46 = 496160 NOTICE o �+ ��,! ^ ��, Gi' i� j/ 1 ` ''- i' 1 r�3 I�iJ Account Manager q,--_,,� LU13BOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 2n day of .dune 19-39_ NOTICE is hereby given that a public hearing will be held on June 2.. be at In The CITY ree$.Council Chem - hers at 1625 lath STYeel. Lubbock. Lubbock. Tex s, at 16:2D A.M. td consider the application of Tex land Polrole- um for an Oil and Gas grilling Per - ml,located: _ s, Blocke.* A. Lubbock In. Texas, County. Texas, the wake location is proposed approximately 198g feet nosh and 66o feet east of the South- west corner. The well Slim for Lit- l-ubheirs #8 is south of Municipal Drive and Loop 20 and east of North quirt. Storage is proposed 41 a previously approved tank bat- tery. For addiflmal inlormallon, contact Randy Henson. 763-WI. extension 2103. R-149 FORM 58-10 R-139 THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Frances He rnan d e x a Notary Public in and for Lubbock County personally appeared t.-t_ Aufil 1 9 Account ManaOler of the So pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evenin{ being by me duly sworn did depose and say that said newspaper has been published co than fifty-two weeks prior to the first insertion of this _.Legal Notice No 506846 at Lubbock County, Texas an ed copy of the Leo -al Notice is a true copy of the original and was pri Avalanche -Journal on the following dates: June G 9 1989 11.1 Words (a .46 = $51.06 Account MngaOle r -� LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation; Subscribed and sworn to before me this 20 day of June , 1989 FORM 58-10 NOTICE diS PUBLIC NEARING NOTICe SS hereby given Ihat the Clfy Council wNl hold a Public rlearing an Thursday, June 22, 1999, at it):30 A.M.. 1h 11ut City Council Chambers, 1635 13th Street. Lubbock, Texas. to consider the recommend#tens by the Planning and Zoning CornmissiOn that xon• ino be changed on certain proper- ties In Lubbock, Texas. All inler- ested persons may smak, Then the City Council will act on .vch ree- ornmendafions. The foiloWlnti rune cases will be heard: ZONE CASE NO. 16WOz Request at Plannlm ana Zoning Commis, Sion for roning Change from C•4 10 C-2 on Lois 1 -12, Block 99. Overton Addllion (soulh side of Maln Street . Avenue X to University Avenue). R-139 MY l:LW1;..;„-1L�11`�nit:ILi i G 71 R-158 THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Frances Hernandez a Notary Public in and for Lubbock County, personally appeared T.J.W i l f 9 Account Manager of the Soul pers Corporation, publishers of the Lubbock Avalanche-Journai — Morning, Evening being by me duly sworn did depose and say that said newspaper has been published conl than fifty-two weeks prior to the first insertion of this Legal Notice ed copy of the Legal No 506931 at Lubbock County. Texas and a iCe is a true copy of the original and was pprin Avalanche -Journal on the foliowin dates: June 24 9 July l_y 19 19.89 257 words 0 .92 = 5�36.44 _ n A count M aver LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation FqY F;fn a F R A ff r',•�� IVY: t f• a ; Lr �..-+54• Subscribed and sworn to before me this 11 dayof July , lg 89 FORM 58.10 SECONOI2EAO14W' GROMANCH NO. R71 ik-601HANCE AMENO- ING CHAPTER 4, ARTICLE II OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEX- AS. ENTITLED "BUILDING CODE", BY ADOPTING THE UNIFORM BU ILOI NG CODE. 1998 EDITION, SETTING FORTH GENERAL SPECIFICATIONS FOR BUILDING: CORRECTING TYPOGRAPHICAL ERRORS AND NUMBERING ERRORS; ESTAB- LISHING PERMITAND eEE RE- GUMEMENTS; DELETING DU- PLICATIONS OF REGULATION: PROVIDING A PENALTY; PRO- VIDING A SAVINGS CLAUSE: ANDPROVIO(NG FOR PUBLICA- TION. ORDINANCE 140.9272 AN ORDINANCE AMEND- ING CHAPTER 11, ARTICLE HI OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS. ENTITLED "NATIONAL AFIRE CODES" BY ADOPTING THE I"S EDITION OF THE NA- TIONAL FIRE CODES, SAVE SAND EXCEPT NFPA 1. AND ADOPTING THE I"S EDITION OF THE UNIFORM FIRE CODE IN PLACE OF NFPA 1; CON- FORMING SAID CHAPTER TO SUCH CODES: PROVIDING A PENALTY; PROVIDING A SAV- INGSCLAUSE: AND PROVIDING FOR PUBLICATION. ORDINANCE NO. 9705 AN ORDINANCE CREATING THE POSITION OF CITY MAR- SHAL OF THE CITY OF LUB• BOCK, TEXAS. PURSUANT TO SECTIONS 28.041 AND 141.004 OF THE LOCAL GOVERNMENT CODE OF THE STATE OF TEXAS AND ARTICLE 11, SECTION S. OF THE TEXAS CONSTITUTION: PROVIDING FOR PERFOR. MANCE OF ASSIGNED DUTIES SY ONE OR MORE CITY MAR- SHALS: PROVIDING FOR PAY FOR ONE OR MORE CITY MAR- SHALS: AND PROVIDING A SAV- INGS CLAUSE.