HomeMy WebLinkAboutMinutes - City Council - Regular - 9/14/1989CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
SEPTEMBER 14, 1989
10:00 A.M.
The City Council of the City of Lubbock, Texas met in regular session
on the 14th day of September, 1989 in the City Council Chambers,
first floor, City Hall, 1625 13th Street, Lubbock, Texas at 10:00
A.M.
Present: Mayor B. C. McMinn, Mayor Pro Tem Joan Baker, Councilman T.
J. Patterson, Councilman Gary Phillips, Councilman Bill Maloy,
Councilman George Carpenter, Councilwoman Maggie Trejo, City Manager
Larry J. Cunningham, City Attorney John C. Ross, Jr., and City
Secretary Ranette Boyd.
Mayor McMinn called the meeting to order at 10:00 A.M.
1.} The Invocation was given by Assistant City
Manager Robert Massengale.
{ 2.) The Pledge of Allegiance was given in unison by
those in the Council Chambers.
[ 3.) Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo to approve the Minutes of
the August 24, 1989 Regular City Council meeting
as written. Motion carried: 7 Yeas; 0 Nays.
( 4.)
89-48B-709- 537
( 5.)
89-48'B-709- 538
( 6.)
Board Appointments
Id Abbe will
sensation
r on behalf of t
ission to make a
vor and members
Donald Abbe, Chairman of the Lubbock County
Historical Commission, Presented copies of
Lubbock and the South Plains: An Illustrated
History, to the members of the City Council. The
book is a story of Lubbock's achievement in
rising from a tiny crossroad store to a
metropolitan community that dominates the
surrounding area and, to a large extent, the
greater West Texas region.
r on behalf of the Lubbock
ritaQe bode
for Seotember 22. 1989 from 7:30 ❑.m. until 9:30
p.m. at 4707 21st Street.
Mary Crites, President of the Lubbock Heritage
Society, appeared on behalf of the Lubbock
Heritage Society to request a Loudspeaker Permit
for September 22, 1989 from 7:30 p.m. until 9:30
p.m. in conjunction with a fundraising event to
be held at 4707 21st Street.
September 14, 1989
Page 710
Approval by Council was necessary due t❑ the
Lubbock Heritage Society's request to have a live
band perform an outdoor concert in a residential
area. Petitions were circulated among residents
within a ❑ne block radius ❑f these plans and
there was no opposition. Staff memo advised that
all requirements of the ordinance have been met.
Motion was made by Councilman Patterson, seconded
by Councilman Phillips to approve issuance of a
Loudspeaker Permit to Lubbock Heritage Society
for September 22, 1989. Motion carried: 7 Yeas;
0 Nays.
89-4813-7101- 539
( 7.) Chuck Kershner will appear on behalf ❑f
HealthStar Medical to obtain a Loudspeaker Permit
for September 16, 1989 from 7:00 p.m. until 11:00
D.m. at the Four Bar K Ranch.
Chuck Kershner appeared ❑n behalf of HealthStar
Medical to request a Loudspeaker Permit for
September 16, 1989 in conjunction with a
barbecue, dance, and a live band performing. Mr.
Kershner has obtained signatures from 27
residents within a one -block area of the proposed
activity site. Twenty-six of these indicated
approval, one individual indicated disapproval,
and two others did not sign the petition.
Council approval was necessary due to the
activity being located within a residential area
and because of the time frame in which the
activity will take place.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilwoman Trejo to approve issuance of a
Loudspeaker Permit to HealthStar Medical for
September 16, 1989. Motion carried: 7 Yeas; 0
Nays.
89-4813-710- 540
8.j Chuck Kershner will appear on behalf of
obtain a Loudspeaker Permit for Septembe
1989 from 7:00 n.m. and until 11:00 o.m.
Chuck Kershner appeared on behalf of the American
Business Clubs of 'texas (AMBUCS) to request a
Loudspeaker Permit in conjunction with a barbecue
and dance. Mr. Kershner plans to use a stereo
and DJ for this particular activity.
Twenty-six citizens signed a petition in favor of
the permit, one individual indicated disapproval,
and two other individuals did not sign the
petition. Due t❑ this activity being located
within a residential area and the time frame in
which the activity is planned, Council approval
was necessary.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilwoman Trejo to approve issuance ❑f a
Loudspeaker Permit to AMBUCS for September 15,
1989. Motion carried: 7 Yeas; 0 Nays.
September 14, 1989
Page 711
89-48B-711- ,541
( 9.) Penny Morin will appear_ on behalf of Fiestas Del
Llano. Inc. to request a Loudspeaker Permit from
Penny Morin appeared on behalf of Fiestas Del
Llano to request a Loudspeaker Permit in
conjunction with the 1989 Fiesta Del Llano
Celebration which will take place at the Lubbock
Memorial Civic Center from September 15 through
September 18, 1989, with events being held from
12:00 noon until 1:00 a.m. on each of those days.
The permit is required due to the time frame in
which the Fiesta Del Llano, Inc. Committee will
be utilizing loudspeakers for their events.
The Fiestas Del Llano Committee has met all
requirements of the Ordinance. Staff has
received no complaints regarding this activity
during the past three years.
Motion was made by Councilwoman Trejo, seconded
by Councilman Patterson to approve issuance of a
Loudspeaker Permit to Fiestas Del Llano, Inc. for
September 15-18, 1989. Motion carried: 7 Yeas;
0 Nays.
89-48B-711- 542
(10.) ORDINANCE #9307--Zone Case #2633 (7510 19th
ct 2
eson
ORDINANCE #9307
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAILING THE FOLLOWING CHANGES:
ZONE CASE NO. 2633; A ZONING CHANGE FROM R-1 TO C-4 ZONING ON THE
EAST 1.32' OF TRACT 2, W. W. FURGESON SUBDIVISION, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE: AND PROVIDING FOR PUBLICATION.
Motion was made by Councilwoman Trejo, seconded
by Councilman Carpenter to pass on second and
final reading Ordinance #9307 as recommended by
Staff. Motion carried: 7 Yeas; 0 Nays.
89-48EI-711-543
(11.) ORDINAN
reet)-
mmerce
e
08--Zone Case #1893-M [West of
nue from Znd Street to Bates
est of David Goyette ( for_ Texas
) for zoning change from A-1 to
(for a board and care facility
on a tract out of Section 2. B1
ORDINANCE #9308
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE NO. 1893-M; A ZONING CHANGE FROM A-1 TO A-2 SPECIFIC USE
PERMIT FOR A BOARD AND CARE FACILITY FOR THE ELDERLY ON A TRACT OUT
OF SECTION 2, BLOCK J-S, LUBBOCK, TEXAS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
September 14, 1989
Page 712
89-48B-712- 544
(12.)
Motion teas made by Councilwoman Trejo, seconded
by Councilman Carpenter to pass on second and
final reading Ordinance #9308 as recommended by
Staff. Motion carried: 7 Yeas; 0 Nays.
t-ranKTora Avenu
Gary Hughes for
Specific Use (f
allow batting c
Block E-2.
ORDINANCE #9309
Street)--
r a commercial athletic field to
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE NO. 2636; A ZONING CHANGE FROM A-2 TO C-2 SPECIFIC USE
PERMIT FOR A COMMERCIAL ATHLETIC FIELD TO ALLOW BATTING CAGES ON A
TRACT OUT OF SECTION 5, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
89-48B-712- 545
(13.)
Motion was made by Councilwoman Trejo, seconded
by Councilman Carpenter to pass on second and
final reading Ordinance #9309 as recommended by
Staff. Motion carried: 7 Yeas; 0 Nays.
UKUINANUt ifycay--noanaoning anu dosing purti
of an alley east of Slide Road in the Western
Meadows Addition.
ORDINANCE #9289
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF AN ALLEY IN
WESTERN MEADOWS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY,
TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE;
DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF
LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR PUBLICATION.
Motion was made by Councilwoman Trejo, seconded
by Councilman Carpenter to pass on second and
final reading Ordinance #9289 as recommended by
Staff. Motion carried: 7 Yeas; 0 Nays.
89-48B-7I.2- 4546
(14.) ORDINANCE #9306--Establishing speed _limits on
U.S. 84 (Avenue Q and Clovis Road_), between 4th
Street and the west City limits
ORDINANCE #9306
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN
PORTIONS OF U.S. B4, AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN
THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT
THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH
CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS
NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING
A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Motion was made by Councilwoman Trejo, seconded
by Councilman Carpenter to pass on second and
final reading Ordinance #9306 as recommended by
Staff. Motion carried: 7 Yeas; 0 Nays.
September 14, 1989
Page 713
89-48B-713- 547
(15.) ORDINANCE #9302--Approving the tax levy for
Fiscal Year 1989-90.
ORDINANCE #9302
AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX UPON ALL
PROPERTY SUBJECT TO TAXATION WITHIN THE CITY OF LUBBOCK, TEXAS FOR
THE YEAR 1989, APPORTIONING SAID LEVY AMONG THE VARIOUS FUNDS AND
ITEMS FOR WHICH REVENUE MUST BE RAISED; FIXING THE TIME IN WHICH SAID
TAXES BE PAID AND ASSESSING PENALTY AND INTEREST FOR NONPAYMENT OF
SUCH TAXES WITHIN THE TIME PROVIDED.
The Public Hearing on the Proposed 1989-90 Budget
was held July 27, 1989 followed by first reading
of the Budget Ordinance, then the Tax Ordinance.
The second reading and final adoption of the
Budget Ordinance was completed on August 10, and
this item provided for second and final reading
for adoption of the Tax Ordinance.
The Tax Ordinance reflects the revised property
values from the Lubbock Central Appraisal
District, and the revised collection rate of
97.75%. Distribution of the $.6400 tax levy per
$100 valuation is $.2662 to the Interest and
Sinking Fund, $.0500 to the Board of City
Development Operations and Debt Service and
$.3238 to the General Fund.
Motion was made by Councilwoman Trejo, seconded
by Councilman Carpenter to pass on second and
final reading Ordinance #9302 as recommended by
Staff. Motion carried: 6 Yeas; 1 Nays --
Councilman Phillips.
89-48B-713 548
(16.) Consider Resolution #3191 accepting Street
Maintenance Improvements constructed by Ca rock
Highway Construction Company under the 1989
Maintenance Program.
RESOLUTION #3191
RESOLUTION ACCEPTING PAVING IMPROVEMENTS ON A PORTION OF CITY
STREETS AS DESCRIBED BELOW:
WHEREAS, the
1989, authorizing
by Caprock Highway
following:
Street
City of Lubbock awarded a contract January 26,
the construction of street maintenance improvements
Construction Company, on a portion of the
Alcove
Alcove
Upland
Erskine
Frankford Ave.
Slide
Iola Ave.
Frankford Ave.
Quaker Ave.
Quaker Ave.
1989 Maintenance Program
List of Streets Improved
From
4th St.
19th St.
19th St.
Frankford Ave.
19th St.
4th St.
11th P1.
34th St.
34th St.
29th St.
To
19th St.
34th St.
660' S. of 34th
Milwaukee Ave.
Loop Access Rd.
Loop Access Rd.
19th St.
41st St.
37th St.
34th St.
September 14, 1989
Page 714
28th St.
Quaker Ave.
Peoria Ave.
30th St.
Quaker Ave.
Nashville Ave.
Quaker Ave.
42nd St.
50th St.
66th St.
Frankford Ave.
Milwaukee Ave.
73rd St.
Slide Rd.
Chicago Ave.
79th St.
Slide Rd.
Bangor Ave.
Albany Ave.
79th St.
82nd St.
S2 50th St.
Quaker Ave.
Orlando Ave.
50th St.
Quaker Ave.
Slide Rd.
Memphis Ave.
S. Loop Access Rd.
Memphis Dr.
Memphis Dr.
Memphis Ave.
74th St.
74th St.
Memphis Dr.
Indiana Ave.
86th St.
Memphis Dr.
Indiana Ave.
90th St.
Memphis Dr.
Indiana Ave.
University
82nd St.
98th St.
82nd St.
Elgin Ave.
Indiana Ave.
Elgin Ave.
S. Loop Access Rd.
82nd St.
Lynnhaven Dr.
Joliet Dr.
S. Loop Access
Joliet Dr.
Joliet Ave.
69th St.
69th St.
Joliet Dr.
Memphis Ave.
Elgin Ave.
42nd St.
50th St.
University
22nd P1.
34th St.
Ave. "T"
59th St.
66th St.
Magnolia Ave.
34th St.
37th St.
37th St.
Magnolia Ave.
Quirt Ave.
Elm Ave.
38th St.
42nd St.
Ave. "B"
30th St.
34th St.
Ave. "T"
19th St.
34th St.
Ave. "S"
19th St.
34th St.
N. Indiana
Erskine
Clovis Rd.
Erskine
University
N. Ave. "Q" Dr.
N. Ave. "U"
Clovis Rd.
Erskine
N. Ave. "U"
Erskine
Harvard
Baylor-
N. Ave. "U"
Cornell
Auburn
Clovis Rd.
University
Auburn
University
Detroit
Santa Fe Dr.
University
Boston
Ave. Vie
4th St.
N. Ave. "Q" Dr.
N. Ave. "Q" Dr.
N. Ave. "Q"
N. Ave. "N"
N. Ave. "N"
Baylor
N. Ave. "Q" Dr.
Ave. "T"
4th St.
loth St.
Ave. "S"
4th St.
Broadway
Ave. "F"
4th St.
2nd Pl.
2nd P1.
Ave. "H"
Ave. "F"
5th St.
Idalou Rd.
Guava
Guava
5th St.
8th St.
Zenith
4th St.
Parkway Dr.
Zenith
Parkway Dr.
Dartmouth
N. Quirt
Auburn
R.R. tracks N.
Mun. Dr.
5th St.
Ave. "Q"
Ave. 110"
10th St.
Ave. "Q"
Ave. "M"
Ave. [loll
16th St.
19th St.
18th St.
Ave. "Ell
Ave. "Q"
Ave. "F"
19th St.
16th St.
17th St.
Ave. "Ell
Ave. "G"
16th St.
Ave. "Ell
Ave. "H"
15th St.
Ave. "E"
Ave. "G"
14th St.
Ave. "E"
Ave. "H"
13th St.
Ave. "E"
Ave. "G"
Ave. "F"
13th St.
15th St.
Ave. "Ell
Broadway
Main
Main
Ave. "E"
Ave. "F"
9th St.
Ave. "F"
Ave. "H"
Broadway/Esp.
Ave. Hole
Ave. "T"
50th St.
Frankford
Homestead
49th St.
Frankford
Homestead
Homestead
50th St.
Brownfield Hwy.
Rd.
of
September 14, 1989
Page 715
Streets at Airport
West Airport District
Parking Area at Old Terminal
Parking Area at Piper Office
North -South Service Road
East Airport District
Walnut Bluefield Rd.
Fire Station #11 Parking Area
Driveway t❑ Weather Station
Weather Station Parking Area
Air Freight Road at Terminal
Fuel Service Road
Fence at Runway
AND WHEREAS, the improvements upon the said portions ❑f the
City streets have been inspected and found to have been constructed
according to the approved plans and specifications; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements on said portions of the City
streets BE: and the same are hereby accepted and the City Street
Superintendent BE and he is hereby authorized to direct the final
payment to the Contractor in the amount of $72,535.47.
SECTION 2. THAT this Resolution shall take effect and be in
force from and after its passage.
Passed by the City Council this 14th day of September, 1989.
/s B. C. McMinn
S. C. McMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranette Bo,vd, City Secretary
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
s Don Jennings _ /s J. Worth Fullin im
Don Jennings, Street Superintendent J. Worth Fullingim,
Assistant City Attorney
ESTIMATE #8 & FINAL FILED WITH RESOLUTION #3191
This is a routine acceptance ❑f the 1989 Street
Maintenance Program which consists ❑f single -
course and two -course treatment on all streets
listed in the Acceptance Resolution. The
❑riginal Contract amount was $1,456,815, and
Change Order No. 1 will increase it (by
$130,829.10) to $1,587,644,10, made possible due
to low bids. Change Order No. 2 increased the
Contract amount by $47,500.90 to $1,635,145 and
was possible due to Council adding $50,000 to the
Permanent Street Maintenance Fund this year. The
work was finished in July, and the Contract
amounts were based on preliminary estimates ❑f
the areas to be covered. Final measurements show
a slightly larger area sealed than originally
estimated.
Final payment is due the contractor upon this
acceptance is $72,535.47. Staff recommended
approval.
September 14, 1989
Page 716
Motion was made by Councilwoman Trejo, seconded
by Councilman Carpenter to authorize Resolution
#3191 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
89-48B-715- 59
(17.) Consider Resolution #3192 authorizing the Mayor
to execute a Street Use License for an
underground electrical cable to the Lubbock
Avalanche Journal.
RESOLUTION #3192
8E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor ❑f the City of Lubbock BE and is hereby
authorized and directed to execute for and ❑n behalf of the City of
Lubbock a Street Use License by and between the City of Lubbock and
the Lubbock Avalanche -Journal for an underground electrical cable,
attached herewith, which shall be spread upon the minutes of the
Council and as spread upon the minutes ❑f this Council shall
constitute and be a part of this Resolution as if fully copied herein
in detail.
Passed by the City Council this 14th day ❑f September, 1989.
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
5�d Bucy
Ed Bucy, Right -of -Way Agent
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
Is1 B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Is1 Harold Willard
Harold Willard, Assistant City
Attorney
STREET USE LICENSE
This indenture made this day ❑f ,
1989, being the date of this Agreement between THE CITY OF LUBBOCK,
TEXAS, a Home Rule Municipal Corporation, and THE LUBBOCK AVALANCHE -
JOURNAL, Lubbock County, Texas, hereinafter called "LICENSEE".
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 ❑f dedicated street for an
underground electrical cable, to -wit:
A portion of 7th Street between Avenue "J" and Avenue "K",
Lubbock, Lubbock County, Texas, being further described as
follows:
BEGINNING at a point in the South right-of-way line ❑f 7th
Street which bears West a distance of 138.42 feet from the
Northwest corner of Tract "A", Block 54, Original Town,
Lubbock, Lubbock County, Texas;
THENCE N. 17040`26" E., a distance of 63.94 feet;
September 14, 1989
Page 717
THENCE N. 17040'22" W. a distance of 14.60 feet to a point in
the North right-of-way line of 7th Street which bears East a
distance of 1.03 feet from the Southwest corner of Lot 11,
Block 38, Original Town, Lubbock, Lubbock County, Texas;
THENCE East, along the North right-of-way line of 7th Street, a
distance of 16.05 feet;
THENCE S. 17010'26" W. a distance of 78.50 feet to a not t in
the South right-of-way line of 7th Street;
THENCE West, along the South right-of-way line of 7th Street, a
distance of 7.32 feet to the POINT OF BEGINNING.
The term of this grant shall be for five (5) years from date
hereof, and shall be automatically 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 710 Avenue J, Lubbock, Texas, 79401, 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 orginal condition at no 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 TWO HUNDRED FIFTY AND NOI100
($250.00) 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 big changed for each succeeding five (5) year term by the CITY OF
LUBBOCK to a rate of compensation which is based on procedures and
based on 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 of 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.
2. The LICENSEE agrees to pay all costs 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 an, 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 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 or rerouting over and above the expense which would have
been incurred except for LICENSEE'S use herein.
September 14, 1989
Page 718
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 or 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 or
in equity of whatsoever kind or nature which may grow out of or be
related to the making of this license or the construction or
maintenance and uses permitted herein. The CITY OF LUBBOCK, at its
option, may require an agreement with any contractors hired by
LICENSEE t❑ perform the construction, repair or maintenance permitted
herein, which agreement will idemnify the CITY OF LUBBOCK from and
against all claims, liability, cost and expense growing out of the
performance of the work to be done by such contractors. The CITY OF
LUBBOCK may further require any of said contractors, when engaged in
the construction, repair or maintenance permitted herein, to furnish,
without expense to 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
to give notice to LICENSEE prior to incurring any costs or expenses
or the payment of any such claims or demands in order to give
LICENSEE a reasonable opportunity to settle or adjust the same.
6. LICENSEE agrees and is required to furnish a policy of
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 hereto t❑ the same extend 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 or
assigns, shall be binding upon the CITY OF LUBBOCK without the
consent ❑f the CITY OF LUBBOCK in each instance, except as specified
in numbered paragraph four (4).
8. LICENSEE, by the acceptance ❑f 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 t❑ the public
way it is permitted to use hereby and agrees to give peaceful
possession of said property covered herein upon termination or
cancellation ❑f this license.
CITY OF LUBBOCK
BY:/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
September 14, 1989
Page 719
AGREED TO AND ACCEPTED this day of
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Harold! Willard
Harold Willard, Assistant City
Attorney
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
1989.
THE LUBBOCK AVALANCHE -JOURNAL
KW
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
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 14th day of
September, 1989.
/s/ Olivia R. Solis
Notary Public,
Lubbock County, Texas
Commission Expires 11-30-89
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
, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he
executed the same for the purposes and consideration therein
expressed and in the capacity therin stated as the act and deed of
THE LUBBOCK AVALANCEH-JOURNAL.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
, 1989.
Notary Public,
Lubbock County, Texas
This Street Use License is for a private
underground electrical secondary cable to cross
7th Street between Avenue J and Avenue K, just
north of the Lubbock Avalanche Journal loading
dock area. At present, there are an LP&L
transformer and a SPS transformer on the north
side of 7th street. This secondary cable, which
is 7' wide and 75' long, will connect the
transformers and run southward across 7th Street
to serve the Avalanche Journal building with
power. Due to building expansion, these
transformers have been moved to the new location
on the north side of 7th Street and primary
service is received there.
September 14, 1989
Page 720
89-48B-720•- 550
(18.)
This License is for 20 years, renewable every 5
years. The $150 application fee has been paid,
and the cost per year of this License is the
minimum of $50. All utilities have been
satisfied and will mark as to their location.
The underground street area utilized by this
License is 609.6 square feet.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Patterson t❑ authorize Resolution
#3192 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
Consider Ordinance #9310 establishing a 45 MPH_
speed limit on Broadway between Avenue A and
Idalou Road.
ORDINANCE #9310
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN
PORTIONS 01= EAST BROADWAY, AS HEREINAFTER MORE PARTICULARLY DESCRIBED
IN THE: BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH
RESPECT THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF
SUCH CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR
HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
The existing speed limit in this area is 40 MPH;
however, a recent speed study conducted in
accordance with State of Texas Policy indicated
the appropriate speed limit for this area should
be 45 MPH. Staff recommended approval.
Motion was made by Councilman Patterson, seconded
by Councilman Phillips to pass ❑n first reading
Ordinance #9310 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
89-48B-720•551
(19.) Consider Resolution #3193 authorizing an
application for a Traffic Light Synchronization_
Grant.
RESOLUTION #3193
AUTHORIZING THE TRAFFIC LIGHT
SYNCHRONIZATION PROGRAM GRANT APPLICATION
WHEREAS, the City of Lubbock recognizes that it is in the
interest of the national economy to promote the conservation ❑f
energy resources and to reduce our nation's dependence on costly
foreign oil; and
WHEREAS, the retiming of signals by the City of Lubbock will
provide benefits to the local community in the form ❑f improved
traffic flow, reduced fuel consumption, reduced vehicle ❑perating
costs, reduced air pollution emissions, and improved safety due to
smoother traffic flow; and
WHEREAS, funds have been established and are available through
the State Department of Highways and Public Transportation for grants
to local governments for traffic signal retiming projects; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
September 14, 1989
Page 721
THAT the City Council authorizes the submission ❑f an
application to the State Department of Highways and Public
Transportation for a Traffic Light Synchronization grant and, if the
application is selected for funding, the Mayor of the City of Lubbock
is hereby authorized and empowered to execute in the name of the City
of Lubbock all necessary applications, contracts, and agreements to
implement and carry out the purposes specified in this Resolution.
Passed by the City Council this 14th day ❑f September, 1989.
ATTEST:
/s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ David E. Woosley
David E. Woosley, Traffic Engineer
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ J• Worth Fullingim _
J. Worth Fullingim, Assistant
City Attorney
Funds have been established and made available
through the State Department of Highways and
Public Transportation for grants to local
governments for the synchronization of traffic
signals. Staff recommended Council approval of
application for funds to add signals to the
computer system along University, Indiana and
Quaker Avenues, from 58th Street to 82nd Street,
and along 82nd Street between University Avenue
and Quaker Avenue.
This grant includes 13 signalized intersections
and will cost approximately $130,000, with the
State paying 50% of the cost. It was recommended
that the City's 50% share ($65,OOO) be taken from
bond funds which were sold for signal projects.
The cost estimate is based on the City using
telephone lines to communicate with the central
computer. State approval of the application is
not assured since the City of Lubbock will be in
competition with approximately 30 other cities
for this funding. Staff recommended approval.
Motion was made by Councilman Phillips, seconded
by Councilwoman Trejo t❑ authorize Resolution
#3193 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
89-488-721-552
(20.) Consider Resolution #3194 authorizing an Airline_
Lease Agreement with America West Airlines for
space and operating rights at Lubbock
International Airport.
RESOLUTION #3194
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor ❑f the City of Lubbock BE and is hereby
authorized and directed t❑ execute for and on behalf ❑f the City of
Lubbock a Certificated Passenger Airline Lease by and between the
City of Lubbock and America West Airlines, 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.
September 14, 1989
Page 722
Passed by the City Council this 14th day of September, 1989.
Isl B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s Ranette Boyd _
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Isl Marvin Coffee Isl Harold Willard
Marvin Coffee, Director of Aviation Harold Willard, Assistant
City Attorney
THIS AGREEMENT IS SUBJECT TO ARB
TD THE TEXAS GENERAL ARBITRA
(ART. 224. ET SEO. V.A.0
CERTIFICATED PASSENGER AIRLINE LEASE
Lubbock International Airport
Lubbock, Texas
THIS LEASE AGREEMENT, made this day of ,
19 _, by and between the City of Lubbock, Texas, (hereinafter
referred to as "City"), and America West Airlines, a corporation
incorporated under the laws of the State of Delaware, with its
principal office at 222 South Mill Avenue, Tempe, Arizona 85281
(hereinafter referred to as "Lessee").
WITNESSETH
WHEREAS, City owns and operates Lubbock International Airport,
located in Lubbock County, Texas, (hereinafter referred to 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 to provide such services through
Lubbock International Airport; and
WHEREAS, City also owns and operates 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 or about
November 12, 1987, in which Lessee agreed to 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 agreement executed on or about November 12, 1987,
expired one year later; 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 to 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
fol 1 o1q:
September 14, 1989
Page 723
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.
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 of the City of
Lubbock or his designated representative.
Enplaned Passenger - any person that initially boards an
airplane at the Airport or 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, or such other 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 order 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
of the City which is enacted or promulgated for the health,
September 14, 1989
Page 724
safety or welfare of 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 or 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 who are not tenants at will or hold
over tenants) shall be deemed similarly situated;
(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 or 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 of 3,543
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 occupied on or
before six months after occupancy thereof and to 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.
September 14, 1989
Page 725
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, of such space and facilities as may
be designated by City in and adjacent to 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 other Airport employees
and the USE', thereof shall be provided at the same charge per month as
established for ❑ther Airport employees.
Section 2.03 - Exhibit Designating Leased Premises. The
location ❑f the Exclusive Leased Premises and the Non -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 others 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 on behalf of any other
Certificated Passenger Air Transportation Company which
has a lease with City.
(B) The repairing, maintaining, conditioning, servicing,
testing, parking or storage of aircraft or other
equipment operated by Lessee, or of any other
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 to
conduct a separate business, but shall permit Lessee to
exercise such rights only in connection with Air
Transportation.
(Q The training on Airport premises of 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 off from
the Airport, Lessee shall be required to 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 other
equipment or supplies. Said right shall include the
sale, lease, transfer or disposal of any article or goods
September 14, 1989
Page 726
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 on 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 to other
Certificated Passenger Air Transportation Companies).
(E) Subject to approval of the Director of Aviation, the
servicing by Lessee's employees or others under Lessee's
control of aircraft and other equipment operated by
Lessee on the apron, by truck or otherwise, with
gasoline, oil, grease, lubricants and any other fuel or
propellant or 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 to terms and conditions mutually
agreeable to the parties hereto, adequate storage
facilities for such gasoline, oil, grease, lubricants and
other fuel or 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 or 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 of 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 to 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 to designate the particular carrier or carriers
which shall regularly transport Lessee's property, cargo,
express and mail to 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 to transmit communications of any
September 14, 1989
Page 727
nature whatsoever. The installation, maintenance and
operation of such systems as described above shall be
without cost or 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 of Lessee or 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 of cost,
coffee and doughnuts to its passengers, provided such
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
September 14, 1989
Page 728
Certificated Passenger Air Transportation Company
operating 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 ❑f, except as otherwise provided
in this Lease, the Exclusive Leased Premises and non-exclusive use
premises described in Sections 2.01 and 2.02.
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 t❑ 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 d❑ 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 ❑f 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 this Lease, operate, maintain and keep in good repair the terminal
September 14, 1989
Page 729
building, 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.
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 t❑ 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 to 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
September 14, 1989
Page 730
to Lessee's own needs, plans and specifications, which plans and
specifications shall be submitted to 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 or in conjunction
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
September 14, 1989
Page 731
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, ❑f all trash,
garbage and other refuse resulting from Lessee's ❑perations 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 ❑f boxes, cartons, barrels or ❑ther similar
items in an unsafe manner in or about Airport premises shall not be
permitted.
Section 5.06 - Taxes and Licenses. Lessee shall pay all taxes
of whatever character that may be lawfully levied ❑r charged upon
Lessee's leasehold improvements or operations hereunder and upon
Lessee's rights to use Airport property. Lessee shall obtain and pay
for alll 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 ❑ther licenses
necessary t❑ 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 ❑f America and the State ❑f Texas, the rules and
regulations promulgated by their authority pertaining t❑ 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 ❑rdinances of the City shall be in conformity with
Section 2.07 hereof.
Section 5.08 - Duty to Prevent Unauthorized Access t❑ the
Premises. Lessee shall prohibit and prevent access ❑r 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 ❑r 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 ❑ther applicable federal,
state or local statutes, ordinances, rules and regulations affecting
the use, occupancy or operation ❑f any ❑f said premises, Lessee shall
immediately reimburse the Airport ❑r 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 ❑f October, 1988, and end on the 30th day of
September, 1991. Upon written application of Lessee, delivered t❑
the office of the Director of Aviation of City within twenty (20)
days prior t❑ the expiration of the initial term of this Lease, the
Director of Aviation may extend this Lease for a period of thirty
(30) days, 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 t❑ the rates, fees,
rentalls and other charges established by the Airport Board for
Certificated Passenger Air Transportation Companies that are month-
September 14, 1989
Page 732
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) day 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
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 3,543 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 $5.63 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 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 exclusive space 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
September 14, 1989
Page 733
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.
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
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 ❑f Lessee's actual landings at
the Aiirport 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 ❑f aircraft it operates at the Airport.
Section 7.03 - Rental for Common Use Area.
A. Common Bag Claim Area
As a result ❑f expansion and remodeling ❑f 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 & O) 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 ❑f 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 ❑r 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 ❑f the next two succeeding years.
Notwithstanding the date on which this Lease is executed,
Lessee herein agrees t❑ 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 t❑ City since
April 1, 1988. Any bag claim area rentals due after such
calcullations 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.
September 14, 1989
Page 734
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.
B. Common Boarding Lounge Area
When City and Lessee executed the November 12, 1987 agreement
hereinbefore mentioned, there were 26,789 square feet of space and
six (6) 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 thiis Lease the common boarding lounge area shall consist of those
six (6) 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
boardiing 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 51,685 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
September 14, 1989
Page 735
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,
however, such fraction shall not be reduced if any Certificated
Passenger Air Transportation Company with an unexpired lease
takes bankruptcy and refuses to surrender its lease or allow
the City to reclaim the space so occupied by such Air
Transportation Company for any reason whatsoever.
City and Lessee hereby agree that Lessee and one (1) other
Certificated Passenger Air Transportation Company 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 Lessee and such other Air Transportation
Company commenced services, which dates were November 12, 1987, and
January 31, 1989, respectively.
Notwithstanding the date ❑n which this Lease is executed,
Lessee herein agrees to pay City retroactively in accordance with
this 'Section 7.03 its pro rata portion ❑f 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, 1988. Any boarding lounge area rentals due City after such
calculations are made shall be immediately due and payable upon
execution ❑f this Lease. If such calculations indicate that boarding
lounge area rentals have been ❑verpaid, 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 ❑n the following formula: 20% of the total charges
shall be divided among all Certificated Passenger Air Transportation
Companies based on the percentage ❑f 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 t❑
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 n❑ additional charge utilize the loading gates not included in
the common area for diversion ❑r off -schedule operations. Lessee may
similarly use these loading gates for charter flights after
negotiating a use fee with the Airport Board of 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
t❑ reflect the charges imposed on the City to provide this service.
The microphones located ❑n the non-exclusive use premises will
be provided for use in conjunction with other Certificated Passenger
September 14, 1989
Page 736
Air Transportation Companies which now or may hereafter have valid
leases at the Airport. These companies shall provide City with a
written schedule of the pro rata rental due by each Lessee hereunder
and Lessee agrees to pay its stated pro rata amount monthly. The pro
rata schedule so furnished to City shall remain in effect until such
time as City is provided a revised schedule of the pro rata 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 to
designate apron parking areas for the storage of Lessee's aircraft.
Section 7.06 - 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 the 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
Charles. 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
September 14, 1989
Page 737
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
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 ❑r improve the landing area
and ❑ther 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 t❑ 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 ❑ther charges
for such improvements unless Lessee occupies ❑r utilizes
such improvements either exclusively ❑r in conjunction
with other air carriers, or the improvements are required
by the Federal Aviation Administration or for the safe
operation ❑f the Airport.
(B) The right to take any action City considers necessary t❑
protect the aerial approaches of the Airport against
obstruction, together with the right t❑ 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 is and shall always be deemed to be an independent contractor
and operator and not an agent or employee ❑f City with respect to
Lessee's acts and omissions hereunder.
September 14, 1989
Page 738
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
thereof, based upon or 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 of 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 Ciity 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.
September 14, 1989
Page 739
(B) Public Liability and Property Dame Insurance - Prior to
undertaking any activities at the Airport, Lessee shall
❑btain 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 ❑r event in a minimum sum ❑f Three
Hundred Thousand Dollars ($300,000.00) for ❑ne 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
Dollars ($250,000.00) for property damage arising out of
any one accident ❑r 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.
ARTICLE XI
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 ❑ther 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
there -for.
Section 11.02 - Extensive Damage. If damage from fire,
explosion, the elements, a public enemy or ❑ther casualty is so
extensive as to render that portion of the Exclusive Leased Premises
situated within the terminal building untenantable but capable ❑f
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 ❑r 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 s❑
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 t❑ the time of such
damage or destruction and shall thereafter cease until such time as
the premises are fully restored. If within ❑ne 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
❑r 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
September 14, 1989
Page 740
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.
Section 11.05 - Limit of City's Obligations Defined. It is
understood that in the application of 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 of furniture, equipment and supplies
shall be the responsibility of Lessee and any such redecoration and
refurnishing/re-equipping shall be of equivalent quality to that
originally installed hereunder within the Exclusive Leased Premises.
ARTICLE XII
TERMINATION OF LEASE
CANCELLATION, ASSIGNMENT AND TRANSFER
Section 12.01 - Termination. This Lease shall terminate at the
end of the full term hereof, or 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 to cancellation by Lessee after the occurrence of any one or
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 of the Airport, or 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 of 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 of the
rights, licenses, services or privileges granted to
Lessee hereunder as a result of fire, explosion,
earthquake or other casualty or act of God or a public
enemy, provided that the same is not caused by negligence
or 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 of written
notice to remedy the same; provided, however, that no
September 14, 1989
Page 741
notice of cancellation, as below required, shall be of
any force or effect if City shall have remedied the
default prior to the receipt of Lessee's notice of
cancellation.
Lessee may exercise such right of 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,
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 or any part of this Lease for or
during any period(s) after failure of the City to perform any of the
terms„ covenants and conditions herein contained shall not be deemed
a waiver of any right Lessee has to cancel this Lease for any
subsequent failure by City to so perform, keep or observe any of the
terms„ covenants or conditions hereof.
Section 12.03 - Cancellation by City. This Lease shall be
subject to, cancellation by City after the occurrence of any one or
more of the following events:
(A) The taking by a court of competent jurisdiction of Lessee
and its assets pursuant to 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 other
operation of law.
(D) The abandonment by Lessee of its Air Transportation
business at the Airport for a period of 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 of Lessee to remedy such default for a
period of sixty (60) days after receipt of 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, or any
substantial part or parts thereof, or any authorized
agency thereof, in such a manner as to substantially
restrict Lessee for a period of at least ninety (90) days
from operating thereon.
(G) in addition to the foregoing, all rights, privileges and
interests acquired hereunder by Lessee may, at the option
of City and following written notice of 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 of 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
September 14, 1989
Page 742
this Lease shall terminate, and any rental due hereunder
shall be payable to said date of termination.
It is agreed that failure to declare this Lease terminated upon
the default of Lessee for any ❑f the reasons set forth
above or in Section 7.07 hereof shall not operate to bar
❑r destroy the right of City to declare this Lease null
and void as a result of any subsequent violation ❑f the
terms of this Lease.
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 ❑r transfer this Lease, ❑r 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 or 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
❑r termination of this Lease for any reason, Lessee shall have the
right for a period ❑f thirty (30) days after the date ❑n which notice
of termination is placed in the United States mail, as provided in
Article XIV, Section 14.17 hereinafter, to remove any ❑r all of its
property from the Airport. Furthermore, within said thirty (30) day
period, Lessee shall restore said premises t❑ the condition in which
they existed at the commencement of this Lease, damage by the
elements, Tire, explosion or other casualty excepted, unless such
damage occurs as a result of an act or ❑mission of Lessee, its
sublessees, agents or employees, in which event Lessee shall repair
and restore said premises as aforesaid.
Section 13.02 - City's Rights at Termination. Title t❑ any and
all improvements and property not removed by Lessee prior t❑ 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 ❑n failure of
Lessee to perform its obligation hereunder.
City also reserves the right t❑ charge a reasonable rental for
any period of continued occupancy by Lessee after cancellation or
termination ❑f this Lease; provided, however, that no charge shall be
made Ito Lessee if Lessee shall remove its property from the Exclusive
Leased Premises within the aforesaid thirty (30) day period.
ARTICLE XIV
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 A'i rpart.
Section 14.02 - Arbitration. In any event, and notwithstanding
any provisions made in this Lease, City and Lessee agree to 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 ❑r covenant herein contained,
September 14, 1989
Page 743
or concerning any matter of compliance ❑r 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 or dispute submitted to them in writing by the
parties hereto. The decision in writing of any two arbitrators shall
determine the particular question ❑r dispute under consideration.
The parties hereto shall bear equally the expense of said
arbitration.
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 ❑r 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 ❑f race,
color or national origin shall be excluded from participation in,
denied the benefits of, or ❑therwise 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.
The Lessee assures that it will undertake an affirmative action
program as required by 14 CFR Part 152, Subpart E, t❑ ensure that no
person shall on the grounds ❑f race, creed, color, national ❑rigin 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 ❑n these grounds from participating in or
receiving the services ❑r benefits of any program or activity covered
by this subpart. The Lessee assures that it will require that its
covered suborganizations provide assurances t❑ the Lessee that they
similarly will undertake affirmative action programs and that they
will require assurances from their suborganizations, as required by
14 CFR Part 152, Subpart E, to the same effect.
In the event of breach of any ❑f 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, ❑r with the procedures prescribed or approved from time to
time by the Federal Aviation Administration pertaining t❑ the
❑peratio.n 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 ❑r 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 t❑ 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
September 14, 1989
Page 744
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.
Section 14.08 - Consent Not to be Unreasonably Withheld.
Whenever consent is required hereunder by either City or Lessee, such
consent is not to be unreasonably withheld or delayed for an
unreasonable period of time.
Section 14.09 - Redelivery of Premises. Lessee shall, upon
termination or cancellation of 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 omission 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 over
shall not be deemed as a renewal or 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, to 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 to grant to others the privilege and right of
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 or limit the scope of any provision of this Lease.
Section 14.16 - Time of Essence. Time is of the essence of
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: America
West Airlines, Inc., 222 South Mill Avenue, Tempe, Arizona 85281, or
to such other addresses as the parties may designate to each other in
writing from time to time.
September 14, 1989
Page 745
Section 14.18 - Understandinq of the Parties.
A. Both parties to this Lease agree and understand that the
City of Lubbock has created three classifications ❑f
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 hereto 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 to different terms and conditions in
creating business relationships with Certificated
Passenger Air Transportation Companies that fall into a
different classification than Lessee so long as the terms
and conditions agreed to, as to such ❑ther 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 ❑r 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
❑r business relationship with the City in order to
provide the broadest possible Air Transportation services
to the general public, to encourage new air carriers t❑
test the market for these services in the Lubbock area
and t❑ 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 t❑ 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 ❑riginal document.
September 14, 1989
Page 745
ARTICLE XV
MISCELLANEOUS PROVISIONS
Section 15.01 - Security Charges. Notwithstanding anything to
the contrary contained in this Lease, a charge of twenty-five cents
(251) 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 14th day of September, 1989.
ATTEST:
/s/ Ranette Boyd
Ranet:te Boyd, City Secretary
APPROVED AS TO CONTENT:
LESSEE: CITY OF LUBBOCK, TEXAS
/s/ B. C. McMinn
B.C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ 9arvin Coffee Is/ Harold Willard
Marvin Coffee, Director of Aviation Harold Willard, Assistant
City Attorney
LESSEE: AMERICA WEST AIRLINES, INC.
/s Don Monteath
ATTEST:
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 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
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 14th day of
September, 1989.
/s/ Olivia R. Solis
Notary Public in and for
Lubbock County, Texas
My Commission Expires:
November 30, 1989
THE STATE OF ARIZONA §
COUNTY OF MARICOPA §
BEFORE ME, a Notary Public in and for said County, Texas, on
this day personally appeared DON MONTEATH, known to me to be the
person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes and
consideration therein expressed and in the capacity therein stated as
the act and deed of America West Airlines, Inc.
September 14, 1989
Page 747
1989.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 9th day of August,
Isl Barbara J. Barsellotti
Notary Public in and for
Maricopa County, Arizona
My Commission Expires:
January 14, 1993
EXHIBITS FILED WITH RESOLUTION #3194
89-48B-747-553
(21.)
America West Airlines' Lease term is for three
years (from October 1, 1988 through September 30,
1991).
The Lease renegotiations with American Airlines
are complete with some details of language to be
resolved. The main remaining issue is a
provision of a "Majority -In -Interest" clause.
The Airport Board recommended the Airline Lease
Agreement with America West Airlines. Staff
recommended approval.
Motion was made by Councilman Maloy, seconded by
Councilman Patterson to authorize Resolution
#3194 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
No. 1 to Grant Agreement for Project No. 3-48-
0138-08 from the Federal Aviation Administration
for reconstruction of old terminal apron,
construction of taxiways and airfiel_d_ighting at
Lubbock International Airport.
RESOLUTION #3195
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 Amendment No. 1 to a Grant Agreement between the City of
Lubbock and the Federal Aviation Administration for Project No. 3-48-
0138-08, attached herewith, which shall be spread upon the minutes of
the City 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 14th day of September,1989.
Isl B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Isl Marvin Coffee Isl Harold Willard
Marvin Coffee, Director of Aviation Harold Willard, Assistant
City Attorney
September 14, 1989
Page 748
United States of Amercia
Department of Transportation
Federal Aviation Administration
Washington, D.C. 20590
Page 1 of 2 Pages
Contract No. DOT FA88SW-8576
Lubbock International Airport
Lubbock, Texas
AMENDMENT INIO. 1 TO GRANT AGREEMENT FOR PROJECT NO. 3-48-0138-08
WHEREAS, the Federal Aviation Administration (hereinafter
referred to as the "FAA") has determined it to be in the interest of
the United States that the Grant Agreement between the FAA, acting
for and on behalf of the United States, and the City of Lubbock,
(hereinafter referred to as the "Sponsor"), accepted by said Sponsor
on the 29th day of -September, 1988, be amended as hereinafter
provided.
NOW THEREFORE, WITNESSETH:
That in consideration of the benefits to accrue to the parties
hereto, the FAA on behalf of the United States, on the one part, and
the Sponsor, on the other part, do hereby mutually agree that the
project description as shown on Page 1 of the Agreement is hereby
revised to read as follows: Construct airfield lighting
improvements; Reconstruct west cargo apron; Install distance
remaining signs; Install pavement sensor system; Rehabilitate
rotating beacon; Construct by-pass taxiways on Runway 17R135L;
Construct angled connector taxiway between Taxiway A and Runway 17R;
Rehabilitate Taxiways A and B and shoulders on Taxiway D; Improve
drainage structure.
IN WITNESS WHEREOF, the parties hereto have caused this
Amendment to said Grant Agreement to be duly executed as of the 14th
day of September, 1989.
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
sl Marvin Coffee
Marvin Coffee, Director of
Aviation
CERTIFICATE OF SPONSOR'S ATTORNEY
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
BY:Is/ George D. Conley
Title: Manager, Safety and
Standards Branch
CITY OF LUBBOCK, TEXAS
BY:Is/ B. C. McMinn
Title: Mayor
APPROVED AS TO FORM:
Isl Harold Willard
Harold Willard, Assistant City
Attorney
Lubbock International Airport
Lubbock, Texas
Project No. 3-48-0138-08
Amendment No. 1
Page 2 of 2
I, Harold Willard, acting as Attorney for City of Lubbock
(hereinafter referred to as "Sponsor") do hereby certify:
September 14, 1989
Page 749
That I have examined the foregoing Amendment to Grant Agreement
and the proceedings taken by said Sponsor relating thereto, and find
that the execution thereof by said Sponsor has been duly authorized
and is in all respects due and proper and in accordance with the laws
of the State of Texas, and further that, in my opinion, said
Amendment to Grant Agreement constitutes a legal and binding
obligation of the Sponsor in accordance with the terms thereof.
Dated at Lubbock, Texas, this 28th day of August, 1989.
/s/ Harold Willard
Assistant City Attorney
This Amendment provides the second year of a
multi -year federal funding and adds $1,707,998 to
the first grant (of $1,710,201) to make a total
of $3,418,199 for the two grants. There will be
a third grant coming after the construction work
has been bid and the total project cost is known.
This third grant is estimated to be $1,244,936,
and the total project cost is estimated to be
$5,181,261.
Work City FAA Total
Order Share Share Project
Taxiway & 9370 $123,913 $1,115,218 $1,239,131
Airfield
Lighting
Reconstruct 9371 394,213 3,547,917 3,942,130
West Cargo
Apron &
Taxiways
Total Project $518,126 $4,663,135 $5,181,261
Cost
The funding for the City share (10%) is provided
in the approved Capital Projects for 1988-89 and
in the 1989-90 capital projects. Staff
recommended approval.
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker to authorize Resolution
#3195 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
89-48B-749-554
(22.) Consider Resolution #3196 authorizing Amendment
No. 3 to Grant Agreement for Project No. 3-48
0138-06 from the Federal Aviation Administration
to complete FAA funding of a rapid intervention
vehicle.
RESOLUTION #3196
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 Amendment No. 3 to a Grant Agreement between the City of
Lubbock and the Federal Aviation Administration for Project No. 3-48-
0138-06, attached herewith, which shall be spread upon the minutes of
the City 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.
September 14, 1989
Page 750
Passed by the City Council this 14th day of September, 1989.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
s Marvin Coffee /s/ Harold Willard
Marvin Coffee, Director of Aviation Harold Willard, Assistant
City Attorney
United States of America
Department of Transportation
Federal Aviation Administration
Washington, D.C. 20590
Page 1 of 2 Pages
Contract No. DOT-FA86SW-8851
Lubbock International Airport
Lubbock, Texas
AMENDMENT NO. 3 TO GRANT AGREEMENT FOR PROJECT NO. 3-48-0138-06
WHEREAS, the Federal Aviation Administration (hereinafter
referred to as the "FAA") has determined it to be in the interest of
the united States that the Grant Agreement between the FAA, acting
for and on behalf of the United States, and the City of Lubbock,
(hereinafter referred to as the "Sponsor"), accepted by said Sponsor
on the 24th day of April, 1986, be amended as hereinafter provided.
NOW THEREFORE, WITNESSETH:
That in consideration of the benefits to accrue to the parties
hereto, the FAA on behalf of the United States, on the one part, and
the Sponsor, on the other part, do hereby mutually agree that the
maximum obligation of the United States as set forth on Page 2 of the
Grant Agreement is hereby increased from $2,913,066 to $2,922,902.
This increase in the maximum obligation is to provide for allowable
project cost overrun.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to
said Grant Agreement to be duly executed as of the 14th day of
September, 1989.
UNITE^ S`.• `►F AMERICA
FEDERAL AVIATION ADMINISTRATION
BY:/s/ Georae D. Con,.:i
Title: Manager, Safety and
Standards Branch
CITY OF LUBBOCK, TEXAS
/s/ B. C. McMinn
Title: Mayor
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
September 14, 1969
Page 751
APPROVED AS TO CONTENT:
/s/ Marvin Coffee
Marvin Coffee, Director of
Aviation
CERTIFICATE OF SPONSOR'S ATTORNEY
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
Lubbock International Airport
Lubbock, Texas
Project No. 3-48-0136-06
Amendment No. 3
Page 2 of 2
I, Harold Willard, acting as Attorney for City of Lubbock,
(hereinafter referred to as "Sponsor") do hereby certify:
That I have examined the foregoing Amendment to Grant Agreement
and the proceedings taken by said Sponsor relating thereto, and find
that the execution thereof by said Sponsor has been duly authorized
and is in all respects due and proper and in accordance with the laws
of the State of Texas, and further that, in my opinion, said
Amendment to Grant Agreement constitutes a legal and binding
obligation of the Sponsor in accordance with the terms thereof.
Dated at Lubbock, Texas, this 28th day of August, 1989.
/s/ Harold Willard
Title: Assistant City Attorney
This Amendment provides an increase from
$2,913,066 to $2,933,902 (for an increase of
$20,836) which completes the federal funding
portion (90%) for the acquisition of a rapid
intervention vehicle. The funding for the City
share (10%) is included in the approved Capital
Project No. 9261. The vehicle, which was part of
a larger project which included the field
maintenance building and roadway construction,
was delivered in December, 1988 and placed into
service in February, 1989.
The Airport Board and City Staff recommended
approval of this Amendment.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilwoman Trejo to authorize Resolution
#3196 as recommended by Staff. Motion carried:
7 Yeas; O Nays.
89-48Br-751-555
(23.) Consider Resolution #3197
to sign Interlocal
for the following:
A. Vector Control Services
B. Sewage Control Services
RESOLUTION #3197
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
0
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 Vector Control Services Agreement by and between the City
of Lubbock and the County of Lubbock, attached herewith, which shall
be spread upon the minutes of the Council and as spread upon the
minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
September 14, 1989
Page 752
Passed by the City Council this 14th day of September, 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/ Rita Harmon /s/ Donald G. Vandiver
Rita Harmon, Assistant City Manager Donald G. Vandiver, First
for Public Services Assistant City Attorney
BE IT RESOLVED BY THE CITY CDUNCIL 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 Sewage Facilities Inspection Agreement by and between the
City of Lubbock and the County of Lubbock, attached herewith, which
shall be spread upon the minutes of the Council and as spread upon
the minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
Passed by the City Council this 14th day of September, 1989.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Rita Harmon
Rita Harmon, Assistant City
Manager for Public Services
/s B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
VECTOR CONTROL SERVICES AGREEMENT
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF LUBBOCK
THIS Interlocal Agreement entered into between Lubbock County,
acting by and through its duly authorized County Judge, hereinafter
called "County", and the City of Lubbock, acting by and through its
duly authorized Mayor, herinafter called "City".
WITNESSETH:
WHEREAS, the County Commissioners` Court of Lubbock County,
Texas, has determined that a need exists for vector control services
in Lubbock County outside the city limits of the City of Lubbock; and
WHEREAS, the City of Lubbock agrees to furnish such services
upon the terms and conditions stated below:
1. The City agrees to provide vector control services for the
entire area of Lubbock County lying outside the city limits of the
City of Lubbock, including incorporated areas within the County.
2. The City in providing this service shall pay all necessary
expenses of the personnel involved in this service, including
salaries, administration expense, fringe benefits, transportation
September 14, 1989
Page 753
vehicles, and the maintenance and operation of transportation
vehicles.
3. The term of this Agreement shall be from August 1, 1989
through September 30, 1992. It is understood and agreed however that
the services contracted by this Agreement may commence before the
final execution of this Agreement in order to protect the health of
the citizens of Lubbock County. The monthly payments to be made
under this agreement shall in that event be construed as commencing
on the date that the City notifies the County that such service is
ready to commence.
4. The County hereby agrees and obligates itself to pay to the
City for this service monthly installments of $8,358.31. This
monthly fee shall be paid by the County to the City on the 15th day
of each month. If it becomes necessary to commence operations before
final execution of this agreement by all parties, payments of
$8,061.47 per month shall be made to the City for such prior service,
notwithstanding that such payments shall cause the total amount paid
to exceed the total amount hereinabove specified. It is further
understood and agreed that in the event additional mosquito
applications are necessary, due to heavier than normal rains or an
encephalitis outbreak, the County shall pay the direct cost for such
additional applications beyond six per year. Detailed costs of this
program are shown in the estimated cost exhibit attached hereto as
Exhibit A, which exhibit is made a part hereto by reference.
5. This Agreement may be amended or terminated by either party
upon 30 days written notice to the other party.
EXECUTED THIS 28TH DAY OF AUGUST, 1989.
COMMISSIONERS' COURT OF
LUBBOCK COUNTY, TEXAS
/s Rodrick L. Shaw
RODRICK L. SHAW, COUNTY JUDGE
ATTEST:
s Ain Davidson
Ann Davidson, County Clerk
APPROVED AS TO FORM:
s Charlotte Bingham
Charlotte Bingham, Assistant
District Attorney
CITY OF LUB80CK
/s B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO FORM:
/s Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
EXHIBIT A FILED WITH RESOLUTION #3197
SEWAGE FACILITIES INSPECTION AGREEMENT
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
THIS Interlocal Agreement entered into between Lubbock County,
acting by and through its duly authorized County Judge, hereinafter
called "County", and the City of Lubbock, acting by and through its
duly authorized Mayor, hereinafter called, "City".
WITNESSETH:
WHEREAS, the County Commissioners' Court of Lubbock County,
Texas has by Resolution 75-R-5, as amended, passed August 11, 1975,
determined that a need exists to regulate private sewage facilities
in the areas of Lubbock County outside the city limits of the City of
Lubbock; and
September 14, 1989
Page 754
WHEREAS, the County has requested the City to assume the duties
❑f the County as licensing authority as set forth in Resolution 75-R-
5, as amended, a copy of which resolution and amendments is attached
hereto as Exhibit A and made a part hereof by reference; and
WHEREAS, the City of Lubbock agrees to furnish the services of
the City Health Department sanitarians for such purpose on the terms
and conditions stated below:
1. The City agrees that inspectors from the City Health
Department shall be furnished for the purpose of making sewage
inspections and related services, including the Veterans
Administration and Federal Housing Administration required
inspections for water and sewage disposal systems for loan purposes,
in the County outside the city limits ❑f the City of Lubbock.
2. The City in providing this service shall pay all necessary
expenses of the personnel involved in this service, including
salaries, administration expense, fringe benefits, transportation
vehicles, and the maintenance and operation of transportation
vehicles.
3. The City shall retain any fees generated by the services
stated herein.
4. The County hereby agrees and obligates itself to pay to the
City -For these services monthly installments of $2,505.67. This
monthly fee shall be payable by the County to the City on the 15th
day of each month. A detailed cost estimate is attached hereto as
Exhibit B.
5. The term of this Agreement shall be from August 1, 1989
through September 30, 1992.
6. This Agreement may be amended, including the amounts for
fees provided hereinabove, or terminated by either party upon 30 days
written notice t❑ the ❑ther party.
EXECUTED THIS 28TH DAY OF AUGUST, 1989.
COMMISSIONERS; COURT OF
LUBBOCK COUNTY, TEXAS:
s/ Rodrick L. Shaw
COUNTY JUDGE
ATTEST:
/s/ Ann Davidson
COUNTY CLERK
APPROVED AS TO FORM:
s/ Charlotte Bingham
ASSISTANT DISTRICT ATTORNEY
CITY OF LUBBOCK:
/s B. C. McMinn
MAYOR
ATTEST:
/s/ Ranette Boyd
CITY SECRETARY
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
FIRST ASSISTANT CITY
ATTORNEY
EXHIBIT A AND EXHIBIT B FILED WITH RESOLUTION #3197
Both these Agreements between Lubbock County and
the City of Lubbock Health Department are for a
period of three years, beginning August 1, 1989,
and ending October 1, 1992. Since the County
prefers a constant level billing during the
three-year period, the cost for the entire period
is calculated t❑ include a 3% per year inflation
rate, payable in equal monthly installments.
A. Vector Control Contract --The
Vector Control Agreement has two
September 14, 1989
Page 753
vehicles, and the maintenance and operation of transportation
vehicles.
3. The term of this Agreement shall be from August 1, 1989
through September 30, 1992. It is understood and agreed however that
the services contracted by this Agreement may commence before the
final execution of this Agreement in order to protect the health of
the citizens of Lubbock County. The monthly payments to be made
under this agreement shall in that event be construed as commencing
on the date that the City notifies the County that such service is
ready to commence.
4. 'The County hereby agrees and obligates itself to pay to the
City for this service monthly installments of $8,358.31. This
monthly fee shall be paid by the County to the City on the 15th day
of each month. If it becomes necessary to commence operations before
final execution of this agreement by all parties, payments of
$8,061.47 per month shall be made to the City for such prior service,
notwithstanding that such payments shall cause the total amount paid
to exceed the total amount hereinabove specified. It is further
understood and agreed that in the event additional mosquito
applications are necessary, due to heavier than normal rains or an
encephalitis outbreak, the County shall pay the direct cost for such
additional applications beyond six per year. Detailed costs of this
program are shown in the estimated cost exhibit attached hereto as
Exhibit A, which exhibit is made a part hereto by reference.
5. 'This Agreement may be amended or terminated by either party
upon 30 days written notice to the other party.
EXECUTED THIS 28TH DAY OF AUGUST, 1989.
COMMISSIONERS' COURT OF
LUBBOCK COUNTY, TEXAS
s Rodrick L. Shaw
RODRICK L. SHAW, COUNTY JUDGE
ATTEST:
s Ain Davidson
Ann Davidson, County Clerk
APPROVED AS TO FORM:
/s/ Charlotte Bingham
Charlotte Bingham, Assistant
District Attorney
CITY OF LUBBOCK
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boy
Ranette Boyd, City Secretary
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
EXHIBIT A FILED WITH RESOLUTION #3197
SEWAGE FACILITIES INSPECTION AGREEMENT
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
THIS Interlocal Agreement entered into between Lubbock County,
acting by and through its duly authorized County Judge, hereinafter
called "County", and the City of Lubbock, acting by and through its
duly authorized Mayor, hereinafter called, "City".
WITNESSETH:
WHEREAS, the County Commissioners' Court of Lubbock County,
Texas has by Resolution 75-R-5, as amended, passed August 11, 1975,
determined that a need exists to regulate private sewage facilities
in the areas of Lubbock County outside the city limits of the City of
Lubbock; and
September 14, 1989
Page 754
WHEREAS, the County has requested the City to assume the duties
of the County as licensing authority as set forth in Resolution 75-R-
5, as amended, a copy of which resolution and amendments is attached
hereto as Exhibit A and made a part hereof by reference; and
WHEREAS, the City of Lubbock agrees to furnish the services of
the City Health Department sanitarians for such purpose on the terms
and conditions stated below:
1. The City agrees that inspectors from the City Health
Department shall be furnished for the purpose of making sewage
inspections and related services, including the Veterans
Administration and Federal Housing Administration required
inspections for water and sewage disposal systems for loan purposes,
in the County outside the city limits of the City of Lubbock.
2. The City in providing this service shall pay all necessary
expenses of the personnel involved in this service, including
salaries, administration expense, fringe benefits, transportation
vehicles, and the maintenance and operation of transportation
vehicles.
3. The City shall retain any fees generated by the services
stated herein.
4. The County hereby agrees and obligates itself to pay to the
City for these services monthly installments of $2,505.67. This
monthly fee shall be payable by the County to the City on the 15th
day of each month. A detailed cost estimate is attached hereto as
Exhibit B.
5. The term of this Agreement shall be from August 1, 1989
through September 30, 1992.
6. This Agreement may be amended, including the amounts for
fees provided hereinabove, or terminated by either party upon 30 days
written notice to the other party.
EXECUTED THIS 28TH DAY OF AUGUST, 1989.
COMMISSIONERS; COURT OF
LUBBOCK COUNTY, TEXAS:
/s Rodrick L. Shaw
COUNTY JUDGE
ATTEST:
/s Ann Davidson
COUNTY CLERK
APPROVED AS TO FORM:
/s Charlotte Bingham
ASSISTANT DISTRICT ATTORNEY
CITY OF LUBBOCK:
/s/ B. C. McMinn
MAYOR
ATTEST:
/s/ Ranette Boyd
CITY SECRETARY
APPROVED AS TO FORM:
s Donald G. Vandiver
FIRST ASSISTANT CITY
ATTORNEY
EXHIBIT A AND EXHIBIT B FILED WITH RESOLUTION #3197
Both these Agreements between Lubbock County and
the City of Lubbock Health Department are for a
period of three years, beginning August 1, 1989,
and ending October 1, 1992. Since the County
prefers a constant level billing during the
three-year period, the cost for the entire period
is calculated to include a 3% per year inflation
rate, payable in equal monthly installments.
A. Vector Control Contract --The
Vector Control Agreement has two
September 14, 1989
Page 755
components: mosquito control and
rodent control. The mosquito
portion is based on the average
rainfall, with six applications
(sprayings) per year. It also
assumes that the Health
Department will larvicide 350
lakes six times per year. The
cost for mosquito control is
$78,482 per year.
The rodent control portion of the Contract is
$18,868 per year, which represents a decrease of
$2,026 per year. The decrease is a result of
reducing personnel costs by purchasing rodent
bait rather than making the bait for
distribution.
The total annual cost for mosquito and rodent
control is $97,350 per year for a three-year
period, with a new monthly rate for the vector
control agreement of $8,358.31. (This includes a
3% per year inflation, and represents a 3.7%
increase over the last agreement.)
B. Sewage Control Services --The
Sewage Facilities Inspection
Agreement is based on the Health
Department furnishing an employee
to work in Lubbock County 90% of
his time inspecting the
installation of sewage facili-
ties. There are an average of
216 septic tanks installed in the
County each year. The County has
set a permit fee of $55.00 per
installation, which is retained
by the City of Lubbock and
deposited into the General Fund.
As a way to reduce the County's
cost, the County has recommended
that the permit fee in Lubbock
County be increased to $75.00 per
septic tank, out of which $55.00
would be retained by the City of
Lubbock and $20.00 which would be
used as a credit to the County on
their Contract. It is
anticipated that the $20.00 per
tank credit, for an average of
216 septic tanks, would reduce
their annual charge by $4,320.
The total annual cost to the
County for sewage facilities
inspection is $34,394.66 prior to
the offset. After the offset of
$4,320 per year, the annual cost
is estimated at $30,074.66 per
year, or $2,505.67 per month.
Staff recommended that both Interlocal Agreements
between the Lubbock County and City of Lubbock
Health Department be approved.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to authorize Resolution
#3197 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
September 14, 1989
Page 756
89-48B-756-556
(24.)
Consider Resolution #3198 authorizi
of water and sewer improvements for
Willow Park Addition.
RESOLUTION #3198
RESOLUTI0N ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR
LOTS 1 THROUGH 35, WILLOW PARK ADDITION.
WHEREAS, the developer of Lots 1 through 35, Willow Park
Addition have complied with the provision of the City of Lubbock
Code, Chapter 28, Article IV, by providing the water and sewer
improvements for said addition in accordance with paragraph 156 of
said Chapter 28, and
WHEREAS, the total utility cost to the developer is $11,271.44
with the improvements constructed by Panhandle Construction Co.,
having a value of $9,778.92 as determined by the unit prices
established by said Chapter 28, and $1,492.52 cash paid to the City,
with Lubbock Land Co., the developer to receive a refund of $00.00 in
accordance with Chapter 28 of the Code of the City of Lubbock and a
refund of deposit in the amount of $00.00, and
WHEREAS, the construction of the said water and sewer
improvements was performed under the supervision of the Water
Utilities Engineer and completed in accordance with the City of
Lubbock's plans and specifications; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements be and the same are hereby
accepted as an integral part of the water and sewer system of the
City of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $00.00 be
made in accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the amount of
$00.00.
SECTION 4. THAT this Resolution shall take effect and be in
force from and after its passage.
Passed by the City Council this 14th day of September, 1989.
ATTEST:
/s Ranette Boyd
Ranett:e Boyd, City Secretary
APPROVED AS TO CONTENT:
Isl Wilford D. Watson
Wilford D. Watson, Chief Water
Utilities Engineer
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s J. Worth Fullin im
J. Worth Fullingim,
Assistant City Attorney
This is a routine acceptance of water and sewer
improvements constructed in accordance with the
subdivision regulations. The total cost of the
improvements is $11,271.44, including value of
construction costs of $9,778.92 and $1,492.52
cash paid to the City. There are no refunds due.
This project is a replat of Lots 1346-1433 of The
Meadows Addition. Staff recommended accepting
the improvements.
September 14, 1989
Page 757
Motion was made by Councilman Patterson, seconded
by Councilman Phillips to authorize Resolution
#3198 as recommended by Staff. Motion carried:
7 Yeas; O Nays.
89-48B-757- 557
(25.) Consider Ordinance #9311 allowing "Updated
Service Credits" and Ten Year Vesting in the
Texas Municipal Retirement System.
ORDINANCE #9311
TEXAS MUNICIPAL RETIREMENT SYSTEM
AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING
THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN
SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH
SYSTEM WINO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF LUBBOCK;
ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTION; GRANTING ADDITIONAL
RIGHTS, CREDITS AND BENEFITS AUTHORIZED BY SECTIONS 62.105 AND 64.202
OF TITLE 110B, REVISED CIVIL STATUTES OF TEXAS, 1925, AS AMENDED BY
THE 70TH LEGISLATURE; AND PRESCRIBING THE EFFECTIVE DATE OF THIS
ORDINANCE.
Currently, the City of Lubbock observes a 20-year
vesting period for its employees. Only two other
comparable cities use the twenty year vesting.
Since 1979, new members to the Texas Retirement
System have had as a condition to joining the
requirement to adopt ten-year vesting. The trend
for public sector plans has been moving toward a
ten-year basis. Private sector employers are
facing legal requirements to either fully vest
employees with five year service or grant partial
vesting, at three years of service with full
vesting at seven years.
Two years ago, a benefit committee composed of
City employees recommended an improvement over
the 20-year vesting period.
Vesting at ten years will allow employees access
to employer and personal pension contributions on
retirement. Another added benefit to ten-year
vesting would permit earlier access to pension
benefits by surviving spouses in the event of the
death of an active employee to whom they were
married who had not yet retired. Essentially,
ten year vesting allows an employee to accumulate
and establish a pension program at an earlier
time. The ten-year vesting program also provides
the City of Lubbock with a more competitive
position in the job market with other
municipalities, as well as businesses, by having
comparable or better vesting opportunities.
Updated Service Credits (USC) provide a means for
protecting the value of current employees'
retirement benefits. This is accomplished by
recalculating the employee's retirement benefit
as if the employee had always earned a salary
equal to his or her average salary during the
past three years. This is also based on the fact
that the City matches an employee's contributions
at the ratio of 2:1. The cost for Updated
Service Credit is paid by the City.
An Updated Service Credit was last granted
effective January 1, 1988. In order to minimize
September 14, 1989
Page 758
the effect of an increase, TMRS recommended that
cities grant USC annually, and it is estimated
that over 80% of the larger cities follow this
practice. This cost includes a comparable
increase in the City's contribution to the Fire
Pension Fund.
Both of these retirement upgrades were included
in the Proposed 1989-90 8udget approved by
Council for which funding has been provided.
Staff recommended approval of this ordinance.
Motion was made by Councilwoman Trejo, seconded
by Councilman Carpenter to pass on first reading
Ordinance #9311 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
89-488-758- „ 8
(26.) Consider an application for renewal of Taxicab_
Permit for Sexton Enterprises.
The current operating permit for Sexton
Enterprises expired August 27, 1989, and Council
approval is necessary in order to renew Mr.
Sexton's permit.
According to Staff, Steve Sexton, General Manager
of Sexton Enterprises, has met each of the
requirements for permit renewal, with one
exception. The Code of Ordinances requires
liability insurance and property damage insurance
in the amount of $20,000 for damages arising out
of bodily injury or death of one person in any
one accident, $40,000 for damages arising out of
bodily injury to or death of two or more persons
in any one accident, and finally, $20,000 for
injury to or destruction of property in any one
accident. Currently, Sexton Enterprises is
insured for 20-40-15, rather than the required
20-40-20. Mr. Sexton has assured Staff that his
insurance company is making the necessary changes
to correct this discrepancy. (The changes will
be effective when the new certificate of
insurance is due on September 27, 1989.)
The current fare schedule proposed by Sexton
Enterprises has not changed over the schedule
submitted during the last rating period.
Mr. Sexton also provided the required financial
records which were submitted t❑ the Internal
Audit Department for their review.
The City Manager's Office was made aware of only
one complaint against Sexton Enterprises during
the last permit period which was made by letter
to the Mayor from an employee ❑f Old Republic
Companies in Chicago, Illinois. Mr. Sexton
followed up on this complaint and forwarded a
copy of his response t❑ the Mayor's Office.
Staff found no evidence of any wrongdoing ❑r poor
performance on the part of Sexton Enterprises in
this case.
Based on the completion ❑f the requirements
stated in the City of Lubbock Code of Ordinances,
and the understanding that the insurance will be
brought up to requirements when due in September,
September 14, 1989
Page 759
Staff recommended approval of Mr. Sexton's
request for permit renewal.
Motion was made by Councilman Carpenter, seconded
by Councilman Maloy to approve issuance of a Taxi
Cab Permit to Sexton Enterprises as recommended
by Staff. Motion carried: 7 Yeas; 0 Nays.
89-48B-759= 559
(27.) Consider Resolution #3199 authorizing the Mayor
to execute an Agreement for claims adjusting
services.
RESOLUTION #3199
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT" the Mayor of the City of Lubbock BE and is hereby
authorized) and directed to execute for and on behalf of the City of
Lubbock an Agreement for Claims Adjusting Services by and between the
City of Lubbock and Crawford & Company, attached herewith, which
shall be spread upon the minutes of the Council and as spread upon
the minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
Passed by the City Council this 14th day of September, 1989.
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AIS TO CONTENT:
Isl Robert: Massengale
Robert Massengale, Assistant City
Manager for Financial Services
CONTRACT FILED WITH RESOLUTION #3199
Isl B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Is1 Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
During the May 11, 1989 City Council Work
Session, Council approved a Request for Proposals
from Crawford and Company for claims adjusting
services for the City of Lubbock. Although the
services took effect on July 14, 1989, detailed
wording of the Contract was just completed.
According to Staff, this Agreement complies with
the RFP and contains adequate provisions for the
protection of the City of Lubbock.
Additionally, Staff has received excellent
service from Crawford and Company thus far in
their adjusting of claims and advise that an
estimated annual savings should be realized of
$35,000 more than the previous arrangement with
the Texas Municipal League.
This Contract is for a five-year period with fees
to be renegotiated each twelve months and
provides that either party may terminate this
Contract with 60 days' notice.
Staff recommended approval.
September 14, 1989
Page 760
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to authorize Resolution
#3199 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
89-48B-760- 560
(29.) BID #10220--Lab equipment (Water Treatment).
Fisher Scientific Co., Houston --Grease extraction
equipment and automatic titration equipment.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to authorize low bid
meeting specifications. Motion carried: 7 Yeas;
0 Nays.
89-486-760- 561
(30.) BID #10327--Foam kits, connectors, and photo
cells Central Warehouse).
Westinghouse Electric Supply--50 Pole hanger set;
100 3" copper connector.
Nelson Electric Supply--100 477 MCM Terminal.
Temple, Inc.--18 Foam kit; 30 2-way Loadbreak
Junction; 300 1,000 Watt Photocell.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to authorize low bids
meeting specifications. Motion carried: 7 Yeas;
0 Nays.
89-48B-760-562
(31.) BID #10291--DID Telephone Functions, and
authorize same (Building Services).
RESOLUTION #3200
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
Southwestern Bell Telephone for direct inward dialing functions,
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 14th day of September, 1989.
ATTEST:
/s Ra,nette Boyd _
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s Gene Eads
Gene E.ads, Purchasing Manager
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
September 14, 1989
Page 761
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 14th day of
September, 1989 by and between the City of Lubbock, County of
Lubbock, State ❑f Texas, acting by and through B.C. McMinn, Mayor,
thereunto authorized to do so, hereinafter referred to as OWNER, and
Southwestern Bell Telephone Company of the City of Lubbock, County ❑f
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. 10291 - TOTAL ESTIMATED MONTHLY SYSTEM CHARGES FOR EQUIPMENT
AND SERVICES TO PROVIDE DIRECT INWARD DIALING
TELEPHONE FOR THE AMOUNT OF $26,365.00;
ONE TIME DID INSTALLATION CHARGES FOR THE AMOUNT OF
$41,331.00
and all extra work in connection therewith, under the terms as stated
in the contract documents and at his (or their) own proper cost and
expense to furnish all materials, supplies, machinery, equipment,
tools, superintendence, labor, insurance and other accessories and
services necessary to complete the said construction in accordance
with the contract documents as defined in the General Condition of
Agreement.
The CONTRACTOR hereby agrees to commence work within ten days
after the date written notice to do so shall have been given to him
and to substantially complete same within the time specified in the
contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment ❑n 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
ATTEST:
Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ B. C. McMinn
B. C. MCMINN, MAYOR
APPROVED AS TO FORM:
s Harold Willard
SOUTHWESTERN BELL TELEPHONE CO.
CONTRACTOR
By:
TITLE: President
September 14, 1989
Page 762
COMPLETE ADDRESS:
Southwestern Bell Telephone Co.
2010 Avenue R, Room 218
Lubbock, Texas 79411
Southwestern Bell Telephone Company
Staff researched methods ❑f improving telephone
service to the citizens of Lubbock and City
departments for approximately two years, and
found that Direct Inward Dialing (D.I.D.)
appeared to be a fairly inexpensive system which
would allow citizens to dial direct and avoid
having to go through a switchboard to reach City
departments.
A Request for Proposals (RFP) was advertised and
distributed during July, and Staff received two
responses as follow:
American Telephone and Telegraph (AT&T) responded
with a rather simple bid to accomplish their part
of D.I.D. They are dependent upon Southwestern
Bell for part of the system.
Southwestern Bell Telephone Company took the
❑pportunity to basically change the system from
the present premise based switch to a central
❑ffice switch.
Primary comparison points are:
With the AT&T proposal, nothing changes
except for a cost increase of about $50,000
per year. With a contractual lease change,
the net increase would be approximately
$38,000.
The Southwestern Bell Telephone (S.W.B.T.)
proposal gives access t❑ the current
technology in switches. With AT&T, Staff
would need to change during the mid to late
19901s.
The S.W.B.T. switch is located in their
central office. Staff would be able to free
a small amount of space in the Communications
Department which could be used for radio
equipment and storage.
A five-year savings, estimated to be
$762,034, has been verified by Budget and
Research. This savings is hard dollar
reduction in mileage charges resulting from
"Bell's" P.U.C. tariff structure.
All existing telephone instruments would be
changed out under "Bell's" proposal. No
change would ❑ccur under AT&T's proposal.
With the Bell system, the City will pay initial
costs of $41,331, but savings will amount t❑
$158,004 the first year. All costs can be paid
❑n a five-year Lease and the initial costs will
be exceeded by savings, as well as relieving some
❑perator time to handle other duties.
Staff recommended approval.
September 14, 1989
Page 764
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 Ranette Boyd
Secretary
APPROVED AS TO CONTENT:
/s LarryD. Hertel
ATTEST:
s B=tty Williams
Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
/sl B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Harold Willard _
WILLIAMS & PETERS CONSTRUCTION
CO., INC. - CONTRACTOR
By:ls Dean Williams
TITLE: President
COMPLI=TE ADDRESS:
Williams & Peters Construction Co., Inc.
P.O. Box 5212
Lubbock, Texas 79417
Williams & Peters Construction Co., Inc.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to authorize Resolution
#3201 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
89-4811-764- 564
(33.) BID #10321--Brass utility items (Central_
Warehouse)_.
Moore Supply Company--25 1X314 AWWA brass
bushing; 25 3/4 female flange Union -Brass IP to
copper; 15 1/2 standard brass gate valve.
Fields & Company--25 2" brass screw plug.
The Marta Company, Wichita Falls--250 3/4 90 male
brass adapter.
Oberkampf of Lubbock--100 314X5 brass coupling
for Type K copper pipe; 100 3/4" 90 degree
galvanized elbow; 75 314"X3-112 meter coupling;
100 314XClose galvanized nipple; 50 1-1/4XClose
galvanized nipple; 50 1-114X4-112 galvanized
nipple; 1,000 3/4" curb stop.
Rohan Co., Waco--50 1-1/4 galvanized cross.
Clowe & Cowan--1,500' 3/4 Type K copper pipe; 25
1X314 brass bushing; 50 2X8 brass nipple; 10 2"
galvanized ground joint union; 10 1" ball valve
TXT STD.
September 14, 1989
Page 765
A&P Water & Sewer Supply, Odessa--25 314X2-112
brass nipple; 20 2"XClose brass nipple; 20 1-
112"X3" brass nipple.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to authorize low bids
meeting specifications. Motion carried: 7 Yeas;
0 Nays.
89-4813-765. 565
(34.) BID #10258--Communications Center radio conso
and authorize same (Building Services).
RESOLUTION #3202
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 Motorola
Communications & Electronics, 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 14th day of September,1989.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Is1 Gene Eads
Gene E:ads, Purchasing Manager
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
Isl B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Isl Harold Willard
Harold Willard, Assistant
City Attorney
THIS AGREEMENT, made and entered into this 14th day of
September, 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
Motorola Communications & Electronics, 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. 10258 - COMMUNICATIONS CENTER RADIO CONSOLES FOR THE AMOUNT
OF $40,611.00
and all extra work in connection therewith, under the terms as stated
in the contract documents and at his (or their) own proper cost and
expense to furnish all materials, supplies, machinery, equipment,
tools„ superintendence, labor, insurance and other accessories and
services necessary to complete the said construction in accordance
September 14, 1989
Page 755
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 14ITNESS 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/ R',anette Boyd
Secretary
APPROVED AS TO CONTENT:
/s/ Giene Eads
ATTEST:
Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Harold Willard
MOTOROLA COMMUNICATIONS &
ELECTRONICS, INC. - CONTRACTOR
By:
TITLE: President
COMPLETE ADDRESS:
Motorola Communications & Electronics, Inc.
Box 54957
Lubbock, Texas 79454
Motorola--4 Desk top model consoles,
installation, Contract maintenance per year, and
individual desk top consoles (as required).
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to authorize Resolution
#3202 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
89-48B-755-585
(35.) BID #10311--Electric Utility items (Central
Warehouse).
Temple, Inc.--12 Poly foam kit; 50 200 AMP caps;
50 meter enclosure; 24 meter socket; 200 #1/0
ASCR tie wire; 100 4/0 ASCR tie wire; 100 477 MCM
tie wire; 250 477 MCM double tie; 300 4/0
millibar; 200 #10 offset sleeve; 25 #2 200 AMP
elbow; 75 secondary sectionalizer; 100 54" strain
insulator; 200 5/8X8" ground rod; 300 3/8" guy
grips; LOT PRICE: #29 - 750 1/2" wood molding,
and #33 - 18 8' D-E assembly.
Nelson Electric Supply-50 500 MCM copper sleeve;
240 1/0 elbow; 100 4/0 elbow; 100 3/4" pin
insulator; 30,000' conductor in pipe.
General Electric Supply--10 Safety switch hub;
100 #4 tension sleeve; 100 4/0 tension sleeve; 25
336 MCM tension sleeve; 2,000 17.5KV pin
insulator; 300 DE insulator.
September 14, 1989
Page 767
Cummins Supply, Amarillo--100 1/0 stress cone; 30
3-way junction box; 25 4-way junction; 18 2--way
loadbreak; 75 600V fuse connector; 100 ball
clevis.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to authorize low bids
meeting specifications. Motion carried: 7 Yeas;
0 Nays.
89-48B-767- 56 7
(36.) BID #10322--Repair clamps and clings [Central
Transtex Supply Co., Odessa--15 3X7-112 repair
clamp; 4 4" flange gate valve.
Bowles & Edens, E1 Paso--2,000' 6" ductile iron
pipe; 25 4X7-112 repair clamp; 8 8X10 repair
clamp; 10 1-1/2" flexible clamp; 96 2" flexible
coupling; 8 10" CI dresser coupling; 40 4" E-Z
flange.
Clowe & Cowan--4 6"X22-112" CI WM bend.
Moore Supply Co.--2 1012 repair clamp; 6 6X4
flange reducer; 1 6" check valve.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to authorize low bids
meeting specifications. Motion carried: 7 Yeas;
0 Nays.
r•
89-468-767 •- 56 8
(37.) BID #10328--Conduit fittings, and electrical
wire [Central Warehouse].
Westinghouse Electric Supply--50 1" EMT entrance
fitting; 250 2" PVC coupling.
O'Tool Plastic Pipe Co.--400 1/2" flex conduit;
1,000' 2" plastic duct; 200 small J box.
Graybar Electric Company, Inc., Amarillo--600
3/4" flex conduit.
Temple, Inc.--25 1-1/4 rigid couplings; 25 1-1/2
rigid couplings; 150 5" 5 degree PVC coupling;
180 2" rigid conduit; 200 4" rigid conduit; 80 1"
EMT conduit; 40 12" conduit support; 50 4"
conduit strap; 50 5" conduit strap; 23,000' 2"
SCH 40 PVC pipe; 150 2" PVC ELL 12" radius; 60 2"
45 ELL 12" radius; 5,000' #2 triplex; 500' #4
Quad service drop; 25,000' 4/0 cable.
General Electric Supply Co.--72 PVC cement; 100
2" 2-hole strap; 1,000' #12 THHN, solid, red.
Cummins Supply, Amarillo--75 below grade
pedestal.
Nelson Electric Supply--100 2" insulated bushing;
100 1" insulated bushing; 150 1" coupling; 100 1"
box connector EMT; 10 1-1/2" entrance fitting.
September 14, 1989
Page 768
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to authorize low bids
meeting specifications. Motion carried: 7 Yeas;
0 Nays.
89-48B-768--56 9
(38.) BID #10323--Manhole parts and meter box (Central
Warehouse).
A&P Water & Sewer Supply, Odessa--100 24" manhole
lid; 60 No. 40 24" manhole; 140 No. 18 cast iron
meter.
Taylor Foundry, Wichita Falls--70 No. 5 manhole
lid.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to authorize low bids
meeting specifications. Motion carried: 7 Yeas;
0 Nays.
(28.) Hold an Executive Session to discuss land
acquisition --Water Utilities and Streets.
(39.) Hold an Executive Session on personnel matters to
discuss appointments to:
Firemen's and Policemen's Civil Service
Commission
Temporary Playa Lake/Drainage Study Committee
89-48B-7613- 570
(40.) Consider one appointment to the Firemen's and
Policemen's Civil Service Commission to fill the
unexpired term of Gerry Meyers. Her term expires
January 29. 1990.
Motion was made by Councilman Phillips, seconded
by Councilwoman Trejo to appoint Melynda Walker
to replace Gerry Meyers on the Firemen's and
Policemen's Civil Service Commission. Motion
carried: 7 Yeas; 0 Nays.
89-48B-768- 571
(41.) Consider fifteen (L5A appointments to the
temporary Playa Lake/Drainage Study Committee.
Motion was made by Councilman Phillips, seconded
by Councilman Carpenter to appoint Steve Coleman,
Clayton Yeager, Dr. James Gregory, Dr. Heyward
Ramsey, Ed Hensley, Ron Childress, Burl Masters,
Randy Neugebauer, Henry Huneke, Larry Elliott,
Joanie Cole, Kyle Short, Tim Sampson, Carlos
Thornton, and Ms. Pat Hixson to the temporary
Playa Lake/Drainage Study Committee. Motion
carried: 7 Yeas; 0 Nays.
September 14, 1989
Page 769
There being no further business to come before Council, Mayor McMinn
adjourned the meeting at 12:11 p.m. Motion carried: 7 Yeas; 0 Nays.
C .
B. C. McKINN, MAYOR
AT T:
Rane to Boyd, City Secre ary
READ AND APPROVED THIS 28TH DAY OF SEPTEMBER, 1989.
B. C. MCMINN, MAYOR
T:
n
Ran a Boyd, City Secret y
R-223
THE STATE OF TEXAS
COUNTY OF' LIBBOCK
Before me r rances Hernandez a Notary Public in and for Lubbock County. I
personally appeared T.J. Auf i l l , Account Manager of the South
pers Corporation, publishers of the Lubbock Avalanche -.Journal — Morning. Evening a
being by me duly sworn did depose and say (hat said newspaper has been published contir
than fifty-two weeks prior to the first insertion of this _ Legal Notice
o 5a5549 at Lubbock County, Texas and tl
ed copy of the Leggo ie is a true copy of the original and was prince
Avalanche -.Journal on the followin te.: September 16, 23, 1989
402 Words @ .92 = $��V•�4
-2
ccount Manager t
LUBBOCK AVALANCHH,_J LT. RN AL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this 4t h day of October ly 89
FORM 58-10
SWCONv
REAPING ORDINANCES
ORDINANCE NO.9799
AN ORDINANCE ABANDON-
ING AND CLOSING PORTIONS
OF AN ALLEY IN WESTERN
MEADOWS ADDITION TO THE
CITY OP LUBBOCK, LUBBOCK
PARNTY, 1EXAS, AND MORE
T ICULA R LY O E SCR I BE D 1 N
_T" 6,0D.y0F THIS 0 R 0 1 -
ERGINEER TO TMARK 11AE OF-
FICIAL MAPS OF THE CITY OF
LUBBOCK TO REFLECT SAID
ABANDONMENT AND CL-051NG;
PROVIDING A SAVINGS
CLAUSE i AND PROVIDING FOR
PUBLICATION.
ORDINANCE NO. 97P2
AN ORDINANCE SETTING
THE TAX RATE AND LEVYING
A TAX UPON ALL PROPERTY
SUBJECT TOTAXATION WITHIN
THE CITY OF LUBBOCK. TEXAS
FOR THE YEAR 19L9, APPQR-
TIONING SAID LEVY AMONG
THE VARIGUS FUNDS AND
ITEMS FOR WHICH REVENUE
MUST BE RAISED: FIXI NG THE
TIME IN WHICH SAID TAXES BE
PAID AND ASSESSING PENAL-
TY AND INTEREST FOR NON,
PAYMENT OF SUCH TAXES
WITHIN THE TIME PROVIDED.
ORDINANCE NO.93M
AN ORDINANCE ALTERING
THE PRIMA FACIE SPEED LIM-
ITS ON CERTAIN PORTIONS OF
U.S. 84, AS HEREINAFTER
MORE PARTICULARLY DE-
SCRIBED IN THE BODY OF THIS
PLACEMENTEOF S SIGNS
W N H
RNGERETO; REPEAL-
CONESPECT FLICT NG OROI-
NANCES TO THE EXTENT OF
SUCH CONFLICT; APPLICATION
OF THIS ORDINANCE ONLY TO
STREETS OR HIGHWAYS
NAMED HEREIN; PROVIDING
THS5 ORDINANCE SHALL BE
CUMULATIVE: PROVIDING A
PENALTY: PROVIDING A SAV-
INGS CLAUSE: AND PROVIDING
FOR PUBLICATION.
nummawer M- 0- 1