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HomeMy WebLinkAboutMinutes - City Council - Regular - 9/28/1989770 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING SEPTEMBER 28, 1989 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 28th day of September, 1989 in the City Council Chambers, first floor, City Hail, 1625 13th Street, Lubbock, Texas at 10:00 A.M. Present: Mayor B. C. McMinn, Mayor Pro Tem Joan Baker, Councilman T. J. Patterson, Councilman Bill Malay, Councilman George Carpenter, Councilwoman Maggie Trejo, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr., and City Secretary Ranette Boyd Absent: Councilman Gary Phillips Mayor McMinn called the meeting to order at 10:00 A.M. 1.} The Invocation was given by Councilman T. J. Patterson. ( 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 September 14, 1989 Regular City Council meeting as written. Motion carried: 6 Yeas; 0 Nays. ( 4.) Board Appointments 89-4811-770- 572 ( 5.) Laurin Prather, President of the BCD, will appe to request Council approval of _Contract between the Board of City Development and Texas Tech Universitv Small Business Development Center. Laurin Prather, President of the BCD, reported that the Board of City Development has entered into a new Contractual Agreement with Texas Tech University/Small Business Development Center to provide all services for small business in Lubbock. These services will include the Bid Procurement Center, formerly under South Plains Association of Governments. The perpetual Agreement will begin October 1, 1989 for a value of $90,000, and it has a 30-day termination clause by either party. The Small Business Committee will become the Advisory Committee for SBDC and will meet on a monthly basis to oversee the program and evaluate the performance of SBDC. As in the past, all of these monies will be marked for the City of Lubbock, and the BCD will continue to provide office space for the SBDC. September 28, 1989 Page 771 Mr. Prather said that the Board of City Development feels that TTU/SBDC will be the best provider of service for the small business community within the City of Lubbock. Motion was made by Councilman Patterson, seconded by Councilman Carpenter to approve Contract between the Board of City Development and Texas Tech University Small Business Development Center. Motion carried: 6 Yeas; 0 Nays. 89-488-77:1-573 [ 6.} ORDINANCE #9310--Establishing a 45 MPH speed limit on East Broadway between Avenue A and Idalou Road. ORDINANCE #9310 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN PORTIONS OF EAST BROADWAY, AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THIE 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 Councilman Patterson, seconded by Councilman Carpenter to pass on second and final reading Ordinance #9310 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. Councilman Carpenter requested to abstain from voting on Item #7. 89-48B-771-5;�4 ( 7.) ORDINANCE #9171-- acent t on ORDINANCE #9171 no and closing a AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 13TH STREET ADJACENT TO BLOCKS 72 AND 73, OVERTON ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONING AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION This Ordinance was read for the first time on February 11, 1988. This portion of 13th Street to be closed is located just south of the First Baptist Church's main building between Avenue V and Vernon Avenue. Proponent for this closure is Arnold Maeker for the First Baptist Church. The area to be closed will revert back to a 60' Drainage and Utility Easement, and $4,566.48 will be received for the closure. Motion was made by Councilman Patterson, seconded by Councilman Malay to pass on second and final reading Ordinance #9171 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays; 1 Abstention -- Councilman Carpenter, for perceived conflict of interest. September 28, 1989 Page 772 89-1BB-772- 5-6, [ 8.) ORDINANCE #9311--Allowing "Updated Service Credits" and Ten Year Vesting in Texas Municipal 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 WHO 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. Motion was made by Councilman Patterson, seconded by Councilman Carpenter to pass on second and final reading Ordinance #9311 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 89-4813-772-576 (10.) Consider Resolution #3203 approving and acceptin terms of Texas Department of Highways and Public Transportation Commission Minute Order No. 89232 for paving improvements on Slide Road from 19th Street to 29th Drive. RESOLUTION #3203 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, SECTION 1. THAT the City of Lubbock hereby approves and accepts the terms of Texas State Department of Highways and Public Transportation Commission Minute Order No. 89232, a copy of which is attached hereto and made a part of this Resolution. SECTION 2. THAT the City Engineer shall furnish to the Texas State Department of Highways and Public Transportation a copy of this Resolution duly certified to by the City Secretary as evidence of the acceptance by the City of Lubbock of the aforesaid Minute Order No. 89232.. Passed by the City Council this 28th day of September, 1989. ATT EST : s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer Isl B. C. McMinn B. C. MCMI N, MAYOR APPROVED AS TO FORM: Isl J. Worth Fullingim _ J. Worth Fullingim, Assistant City Attorney September 28, 1989 Page 773 STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION MINUTE ORDER Lubbock County District No. Lubbock (5) WHEREAS, in LUBBOCK COUNTY in the City of Lubbock on SLIDE ROAD from 19th Street (State Highway 114) to 29th Drive, a distance of approximately 0.6 mile, a construction project was approved in the 1988-92 Urban System Program (Non -Major Urbanized Areas); and WHEREAS, it has been determined that right of way acquisition is required for this project; and WHEREAS, Minute Order 87454 dated June 28, 1988 designated this section of Slide Road a part of the State Highway System as a Principal Arterial Street; NOW, THEREFORE, IT IS ORDERED that the Engineer -Director is hereby directed to tender the following proposal to the City of Lubbock: Provided the City of Lubbock will: 1. Provide fifty percent of the right of way clear of obstructions and free of cost to the State with acquisition procedures to be in accordance with policies of the State Department of Highways and Public Transportation and with applicable Federal and State laws governing the acquisition policies for acquiring real property. 2. Provide fifty percent of the cost of eligible utility adjustments as may be required in accordance with policies of the State Department of Highways and Public Transportation. 3. Upon completion of the construction of this project, maintain that portion of the work which is its responsibility in accordance with Federal and State requirements, and agree to regulate traffic and prevent encroachment on the right of way, all in accordance with governing policies and regulations of the State Department of Highways and Public Transportation. The State Department of Highways and Public Transportation will: 1. Provide fifty percent of the right of way clear of obstructions and free of cost to the State with acquisition procedures to be in accordance with policies of the State Department of Highways and Public Transportation and with applicable Federal and State laws governing the acquisition policies for acquiring real property. 2. Provide fifty percent of the cost of eligible utility adjustments as may be required in accordance with policies of the State Department of Highways and Public Transportation. 3. Provide relocation assistance as may be determined to be eligible under the Relocation Assistance Program. 4. Provide for construction. Upon acceptance of the provisions of this Order by the City of Lubbock, IT IS FURTHER ORDERED that the Engineer -Director is hereby authorized to proceed in the most feasible and economical manner with project development to include any necessary agreements, right of way acquisition, utility adjustments, relocation assistance and construction at an estimated cost to the State of $1,340,500 September 28, 1989 Page 774 ($1,164,500 of which was previously authorized for construction), which will be funded in the 1988-92 Urban System Program (Non -Major Urbanized Areas). This Order shall become operative upon acceptance by the City of Lubbock; and if not accepted within 90 days of the date hereof, the action herein contained shall be automatically canceled. Minute Number 89232 Date Passed: August 29, 1989 Project: CRP 90 (1)M Control: 8015-05-002 Highway: Slide Road Country: Lubbock The Texas Department of Highways and Public Transportation through PASS (Principal Arterial Street System) 1988-92 Urban Systems Program is designing and will reconstruct the section of Slide Road from 19th Street to 29th Drive to Thoroughfare Standards ("T-1") with two lanes for traffic in each direction with a continuous left turn lane. Staff memo mentioned that in their work session of August 25, 1988, the City Council approved approximately $100,000 for the City's estimated 50% of the right-of-way acquisition costs and 50% of the utility adjustment costs. The State is acquiring the right-of-way scheduled for April, 1990 letting, but may be delayed due to right-of-way process. A capital project in the amount of $100,000 has been set up for the City's 50% of the estimated right-of-way and utility adjustment costs. Staff recommended approval. Motion was made by Councilman Carpenter, seconded by Councilwoman Trejo to authorize Resolution #3203 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 89-48ES-77.4-5.77 Consider Resolution #3204 accepting curb and gutter improvements constructed by Allen Teine Construction Comganv in Hunter's Glen Addition RESOLUTION #3204 RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Hunter's Glen Addition, Tract "A" made arrangements with Allen Teinert Construction Company, Inc. for the construction of paving improvements on a certain street dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned addition including the following street: The North 112 of 98th Street from 7 feet West of the West property line of the alley West of Elmwood Avenue to 350 feet West of the West property line of the alley West of Elmwood Avenue (curb and gutter only) known as Unit Number 2034-01. September 28, 1989 Page 775 WHEREAS, the construction of the above improvements on the above -mentioned street was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned street BE and the same are hereby accepted and the City Engineer BE and he is hereby authorized to release escrow money in the amount of TWO THOUSAND TWENTY-THREE AND 70/100 DOLLARS ($2,023.70). SECTION 2. THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 28th day of September, 1989. ATTEST: s Ra�nette Boyd _ Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Isl Larry Hertel Larry Hertel, City Engineer CONSTRUCTION UNIT /sl B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Isl J. Worth Fullin im J. Worth Fullingim, Assistant City Attorney CONSOLIDATED FINAL COST HUNTER'S GLEN TRACT "A" September 28, 1989 SUB -UNIT DESCRIPTION 2034-01 North 1/2 of 98th street from 7` W of WPL of Alley W of Elmwood Ave. to 350' W of WPL of Alley W of Elmwood Ave. (Curb and Gutter Only) CONSTRUCTION COST 343 L.F. of Curb and Gutter at $5.901L.F. COST DISTRIBUTION Construction Developer Deposit in City Cost Cost Escrow Account $2,023.70 $2,023.70 $2,023.70 $2,023.70 * * To be returned to Hope Lutheran Church subsequent to acceptance by City Council. This was a deposit into City escrow account in lieu of Bank Letter. This is a routine acceptance of paving improvements required at the time of platting of this new subdivision for curb and gutter along the north side of 98th Street from the alley west of Elmwood Avenue. There is no City cost due the contractor. A refund of prepaid money in the amount of $2,023.70 for this curb and gutter is due to the developer upon this acceptance. September 28, 1989 Page 776 Motion was made by Councilman Patterson, seconded by Councilman Maloy to authorize Resolution #3204 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 89-48B-776-578 (12.) Consider Resolution #3205 supporting the proposed RESOLUTION #3205 WHEREAS, the Texas State Department of Highways and Public Transportation is gathering input about the proposed Texas Highway Trunk System as part of a long-range plan to develop a rural network ❑f four -lane or better divided roadways linking urban areas in the State of Texas, as well as major ports and points of entry from surrounding states and Mexico; and WHEREAS, the City Council of the City of Lubbock wholeheartedly and enthusiastically supports the Texas Highway Trunk System and such long-range planning in connection therewith, and desires to make such support known to the Texas State Department of Highways and Public Transportation, and as a matter of public record desires to evidence the support of this City Council for the Texas Highway Trunk System; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City of Lubbock endorses, approves, and fully supports the proposed Texas Highway Trunk System as shown on the map dated September 1989, attached hereto and made a part of this Resolution as if fully copied herein in detail in this place. SECTION 2. THAT the City Council of the City of Lubbock recommends that said map be amended to show the following additions as an integral part of the proposed Texas Highway Trunk System: State Highway 114 from Lubbock westward to the New Mexico State line; State Highway 114 from Jacksboro to Dallas; U.S. Highway 380 from Bridgeport to Greenville; and U.S. Highways 82 and 380 from Brownfield westward to the New Mexico State line. SECTION 3. THAT the City Council of the City of Lubbock pledges the assistance of the City of Lubbock to pursue future expansions of the Interstate Highway System in Texas. SECTION 4. THAT the Director of Transportation of the City of Lubbock is hereby authorized and directed to transmit a copy of this Resolution duly certified to by the City Secretary to Mr. Robert Cuellar, Transportation and Planning Division, State Department of Highways and Public Transportation, in ❑rder to evidence the support of the proposed Texas Highway Trunk System by the City of Lubbock unto the State of Texas as represented by its Department of Highways and Public Transportation. Passed by the City Council this 28th day of September, 1989. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: s Ranette Boyd Ranette Boyd, City Secretary September 28, 1989 Page 777 APPROVED AS TO CONTENT: Is1 Larry V. Hoffman Larry V. Hoffman, Director of Transportation APPROVED AS TO FORM: Is/ Harold Willard Harold Willard, Assistant City Attorney MAP DATED SEPTEMBER, 1989 FILED WITH RESOLUTION #3205 According to Staff memo, the State Department of Highways and Public Transportation will hold a series of meetings this Fall to get public input regarding the proposed Texas Highway Trunk System. The Trunk System is part of the long- range plan to develop a rural network of four - lane or better, divided roadways. The System will link urban areas in the State, as well as major ports and points of entry from surrounding states and Mexico. Staff recommended that the proposed System be supported with four exceptions as follow: (1) Extension of SH 114 from West to the New Mexico Line; (2) Extension of US 82 and 380 West from Brownfield to the New Mexico Line; (3) SH 114 from Jacksboro to Dallas; and (4) US 280 from Bridgeport to Greenville A copy of the Resolution will be sent to the Lubbock Chamber of Commerce for inclusion in their packet of information supporting the system. Lubbock's testimony will be given by Councilman Carpenter at a public meeting to be held in Amarillo on the morning of October 5, 1989. Staff recommended approval. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to authorize Resolution #3205, with addition presented by Staff. Motion carried: 6 Yeas; 0 Nays. 89-48B-777-5 79 (13.) Consider Resolution #3206 authorizing the Mayor to execute a Geophysical Operation Permit with Dawson Geophysical Company. RESOLUTION #3206 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 Permit to Dawson Geophysical Company to conduct geophysical operation upon lands owned by the City of Lubbock, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. September 28, 1989 Page 778 Passed by the City Council this 28th 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 Ed Buc /s/ J. Worth Fullingim Ed Bucy, Right -of -Jay Agent J. North Fullingim, Assistant City Attorney PERMIT FILED WITH RESOLUTION NO. 3206 Recently, the City acquired Section 69 and part ❑f Section 70, Block 5 in Garza County for the Lake Alan Henry Project. Dawson Geophysical Company, of Midland, desires to run a seismic survey across this land and, this Resolution gives the Mayor authority to sign the Permit to allow this. Under this Permit, they will pay $1,500 per mile and since they will cross the City ❑f Lubbock land for approximately ❑ne and a half miles, total consideration t❑ be received is $2,250. Staff recommended approval. Motion was made by Mayor by Councilwoman Trejo to #3206 as recommended by 6 Yeas; 0 Nays. 89-486-778-§80 (14.) Consi Pro Tem Baker, seconded authorize Resolution Staff. Motion carried: UT -Way Department to maKe an o for a 8.87 acre road parcel, a access parcel, and O.97 acre f restrictive easements located Block 5 Garza County, Texas. RESOLUTION #3207 izina the Riaht- acre DuoIic n Section 117 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, safety and welfare demand and create a public necessity for the acquisition of the fee simple title and easement title to additional land for municipal public uses and purposes, to -wit: for fee simple title to land for public access and road parcel, and any other lawful purpose in connection with the extension ❑f the water works system of the City of Lubbock, and for easement title to land for flood and restrictive easement purposes from elevation 2220 feet above mean sea level to elevation 2245 feet above mean sea level, which easement grants City (a) the right to intermittently overflow, flood ❑r cover such land, at any time with flood,, slack or backwater created by construction, maintenance and operation by City of its proposed Lake Alan Henry Reservoir, also known as the Justiceburg Dam and the Reservoir and for the storage ❑f water created by the construction of the Dam; (b) the right t❑ enter upon :said land, with due notice and without loitering, to clear, destroy or dispose of any timber, brush, obstruction, accumulation, trash,, filth or any other thing which would in any way interfere with the construction, maintenance and operation of such dam and reservoir or tend to render the same unsafe or unsanitary and to prevent the drainage or dumping ❑f refuse, sewage or ❑ther material into such September 28, 1989 Page 779 reservoir and to carry out an adequate program of pollution control; and (c) the right to prevent the construction of, or the removal, with due notice, of any structure or facility located or to be located on said land, in connection with the extension of the water works system of the City of Lubbock, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of land as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described tracts of land hereinafter designated respectively as "Tract A" and "Tract B" both of said tracts of land being located in Garza County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: TRACT A PUBLIC ACCESS FIELD NOTES on a 7.71 acre tract of land out of Section 117, Block 5, H. & G.N. R.R. Co. Survey, Garza County, Texas and being more particularly described as follows: BEGINNING at the Southeast corner of said Section 117, a 1-1/4" iron rod, as set by F.M. German in 1895, for the Southeast and beginning corner of this tract; THENCE North 01039'14" East, along the East line of said Section 117 and the West line of Section 106, 1013.25 feet to a point in a curve, the most Southerly line of a proposed road, for the Northeast corner of this tract; THENCE Southwesterly, along the arc of said curve to the right, the most Southerly line of said proposed road, an arc distance of 1494.77 feet to a point in the South line of said Section 117 and the North line of Section 116, for the Southwest corner of this tract, said curve has a radius of 1492.39 feet, a central angle of 57123'13", tangent lengths of 816.84 feet and a chord that bears South 46138'57" West, 1433.06 feet; THENCE South 88°21'20" East, along the South line of said Section 117 and the North line of Section 116, 1013.24 feet to the point of beginning. CONTAINING 7.71 acres. TRACT B ROAD PARCEL FIELD NOTES on a 8.87 acre tract of land out of Section 117, Block 5, H. & G.N. R.R. Co. Survey, Garza County, Texas and being more particularly described as follows: BEGINNING at a 1/2" iron rod, set at the Southeast corner of the Southwest 1/4 of said Section 117, for the Southwest and beginning corner of this tract, whence the Southeast corner of said Section 117, a 1-1/4" iron pipe, as set by F.M. German in 1895, bears South 88121'20" East, 2644.31 feet, said iron pipe, being the common corner of Sections 106, 107, 116 and 117; THENCE North 01041'21" East, along the East line of the Southwest 1/4 of said Section 117, 95.42 feet to a point, in the North line of a proposed road, for the most Southerly Northwest corner of this tract; September 28, 1989 Page 780 THENCE South 81021'23" East, along the North line of said proposed road, 290.68 feet to a 112" iron rod, set for a corner of this tract; THENCE South 88021'20" East, 60.00 feet North of and parallel with the South line of said Section 117, 923.57 feet to a 1/2" iron rod, set for the P.C. of a curve to the left; THENCE Northeasterly, along the arc of said curve, the most Northerly line of said proposed road, an arc distance of 2155.52 feet to a set 112" iron rod, said curve has a radius of 1372.39 feet, a central angle of 89059'26", tangent lengths of 1372.16 feet and a chord that bears North 46038'57" East, 1940.69 feet; THENCE North 01139'14" East, 60.00 feet West of and parallel with the East line of said Section 117, 1202.84 feet to a 112" iron rod, set for the most Northerly Northwest corner of this tract; THENCE South 88°21'18" East, 60.00 feet to a point in the East line of said Section 117 and the West line of Section 106, for the Northeast corner of this tract; THENCE South 01039'14" West, along the East line of said Section 117 and the West line of Section 106, 1621.75 feet to a point in a curve, the most Southerly line of said proposed road, for the most Northerly Southeast corner of this tract; THENCE Southwesterly, along the arc of a curve to the right, the most Southerly line of said proposed road, an arc distance of 1494.77 feet to a point in the South line of said Section 117 and the North line of Section 116, for the most Southerly Southeast corner of this tract, said curve has a radius of 1492.39 feet, a central angle ❑f 57123'13", tangent lengths of 816.84 feet and a chord that bears South 46138'57" West, 1433.06 feet; THENCE North 88°21'20" West, along the South line of said Section 117 and the North line of Section 116, 1631.07 feet to the point of beginning. CONTAINING 8.87 acres. SECTION 2. THAT easement title for flood and restrictive easements to the land hereinafter described by metes and bounds, and respectively designated "Tract C" (Flood and Restrictive Easement A) and "Tract D" (Flood and Restrictive Easement B), said tracts of land being located in Garza County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: TRACT C (FLOOD AND RESTRICTIVE EASEMENT "A") FIELD NOTES on a 0.35 acre easement out of Section 117, Block 5, H. & G.N. R.R. Co. Survey, Garza County, Texas and being more particularly described as follows: BEGINNING at a 112" iron rod, set at the intersection of the East line of the Southwest 1/4 of said Section 117, with contour elevation 2245, Mean Sea Level, National Geodetic Vertical Datum of 1929 (MSL, NGVD 1929) whence the Southeast corner of said Section 117, a 1-1/4" iron pipe, as set by F.M. German in 1895, bears South 01041'21" West, 1256.98 feet and South 88021'20" East, 2644.31 feet, said corner being the common corner of Sections 106, 107, 116 and 117; September 28, 1989 Page 781 THENCE North 01°41'21" East, leaving said contour elevation 2245, MSL, NGVD 1929, along the East line of the Southwest 114 of said Section 117, 165.92 feet to a 112" iron rod, set in said contour elevation 2245, MSL, NGVD 1929; THENCE along said contour elevation 2245, MSL, NGVD 1929, the following meandered courses and distances; North 69°45'57" East, 43.49 feet; North 50039'39" East, 130.85 feet; North 59041'33" East, 79.16 feet to a set 112" iron rod; South 29032'49" West, 68.48 feet; South 46°44'25" West, 116.02 feet; South 27033'45" West, 89.90 feet; Sough 31107'15" West, 87.56 feet; South 45113'10" West, 14.27 feet to the point of beginning. CONTAINING 0.35 acres. TRACT D (FLOOD AND RESTRICTIVE EASEMENT -B-) FIELD NOTES on a 0.62 acre easement out of Section 117,- Block 5, H. & G.N. R.R. Co. Survey, Garza County, Texas and being more particularly described as follows: BEGINNING at the intersection of the East line of the Southwest 114 of said Section 117, with the North line of a proposed road, whence the Southeast corner of said Section 117, a 1-114" iron pipe, as set by F.M. German in 1895, bears South 01141'21" West, 95.42 feet and South 88121'20" East, 2644.31 feet; THENCE North 01141'21" East, along the East line of the Southwest 114 of said Section 117, 362.15 feet to a set 112"' iron rod; THENCE South 36143'19" East, 44.67 feet to a point; THENCE South 25°59'49" East, 157.81 feet to a point; THENCE South 07152'33" West, 198.28 feet to a point, in the North line of said proposed road; THENCE North 81021'23" West, along the North line of said proposed road, 80.30 feet to the point of beginning. CONTAINING 0.62 acres. SECTION 3. THAT the owners of said tract, being Bandy Silas Cash, individually and as Independent Executor of the Mildred Violet Woodard Cash (deceased) Estate, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $13,264.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described, and the amount of $97.00 for the easement title to the real estate hereinabove described for the value and damages therefor, being a total offer to said owner of $13,361.00 for such fee simple and easement title acquisition, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title and easement title to said land as hereinabove described for public purposes and municipal purposes. September 28, 1989 Page 782 Passed by the City Council this 28th day of September, 1989. ATTEST: Isl Ranette Boyd Ranette Boyd, City Secretary APPROVED A5 TO CONTENT: '/s Ed Buc Ed Bucy, Right -of -Way Agent 89-48E3-782.591 (15.) /s B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Isl J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney These tracts of land are located approximately five miles east of Justiceburg, Texas. Staff is to acquire an 8.87 acre road parcel and a 7.71 acre public access parcel for total fee simple land of 16.58 acres. These two tracts are at the southeast corner of Mr. Cash's property and will adjoin the remainder of the public access area. On the east side of Mr. Cash's land are a 0.35 acre tract of land and a 0.62 acre tract of land, both needed for Flood and Restrictive Easements. Acquisition cost for this 16.58 acres is $13,264 or $800 per acre, and acquisition cost for the two Easements totaling 0.97 acre is $97 or $100 per acre. Total for both fee simple and easement area is $13,361, and is the City's offer to Mr. Cash. Staff recommended approval. Motion was made by Councilwoman Trejo, seconded by Councilman Patterson to authorize Resolution #3207 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. Consider Resolut Of -Way Departmen' Severs and wife, acre tract of 1 ai 5 Garza County, RESOLUTION #3208 rizina the Right- ila m. bevers Tor a ocated in Section 1 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public uses and purposes, to -wit: for access and any other lawful purpose in connection with the extension of the water works system of the City of Lubbock, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described tract of land located in Garza County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: September 28, 1989 Page 783 Field Notes on a 158.82 acre tract of land known as the S.W. 4 of Section 106, Block 5, H. & G. N. R. R. Co. Survey, Garza County, Texas, and being more particularly described as follows: BEGINNING at the Southwest corner of Section 106, a found 14" iron pipe as set by F. M. German in 1895, for the Southwest and beginning corner of this tract, said corner being the common corner of Sections 106, 107, 116 and 117 ; THENCE North 01039'14" East, along the West line of said Section 106 and the East line of Section 117, 2635.05 feet to a 2" iron rod set for the Northwest corner of this tract; THENCE South 88021'53" East, 2627.28 feet to a 2" iron rod set for the Northeast corner of this tract; THENCE South 01044'03" West, 2635.01 feet to a 2" iron rod set in the South line of said Section 106 and the North line of Section 107, for the Southeast corner of this; tract; THENCE North 88021'57" West, along the South line of said Section 106 and the North line of Section 107, 2623.59 feet to the PLACE OF BEGINNING. CONTAINING: 158.82 Acres. SECTION 2. THAT the owners of said tract, being Samuel S. Bevers and wife, 0della M. Bevers, BE offered through the Right -of - Way Department of the City of Lubbock the amount of $127,056.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 28th day of September, 1989. ATTEST: 1s1 Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Isl Ed Bucy Ed Bucy, Right -of -Way Agent Is/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s J. Worth Fullin im J. Worth Fullingim, Assistant City Attorney This 158.82 acre tract of land in Garza County is needed for the Public Access Area of Lake Alan Henry and is located approximately six miles east, northeast of ►]usticeburg, Texas and is part of the land area needed west of the dam. Acquisition cost of this 158.82 acres is $127,056 or $800 per acre, which is the City's offer to the Bevers. Staff recommended approval. September 28, 1989 Page 784 Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to authorize Resolution #3208 as recommended by Staff. Motion carried: 6 Yeas; O Nays. 89-48B-784- 582 (16.) Consider Resolution #3209 authorizing the Mayor to sign a Street Use License for a covered loading dock for the Depot Restaurant. RESOLUTION #3209 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Street Use License Agreement with The Depot Restaurant and Bar, 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 28th day of September, 1989. ATTEST: Is1 Ranette Boyd Ranette Boyd, City Secretary APPROVED AS. TO CONTENT: Isl Ed Bucy Ed Bucy, Right -of -Way Agent THE STATE OF TEXAS § COUNTY OF LUBBOCK § Isl B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney STREET USE LICENSE 'This indenture made this 28th day of September, 1989, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and THE DEPOT RESTAURANT AND BAR, INC., of 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 of dedicated street for a covered loading dock, to -wit: 1EGINNING at a point 36 feet North of the Southeast corner of Lot 13, Block 231, Original Town Addition to 'the City of Lubbock, Lubbock County, Texas; THENCE 7.CO feet East; THENCE 31.00 feet North; THENCE 7.00 feet West; THENCE 31.00 feet South to the PLACE OF BEGINNING. September 28, 1989 Page 785 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 1801 Avenue G, 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 original 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 may take possession and remove or cause t❑ 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 N01100 ($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 be changed for each succeeding five (5) year term by the CITY OF LUBBOCK to a rate of compensation which is based on procedures and policies as established by the City Council of the CITY OF LUBBOCK, 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 ❑f the five (5) year term to which such change in rate shall apply; and if such notification is not made, then the rate for the preceding five (5) year term shall apply. 2. The LICENSEE agrees to pay all costs arising ❑ut of the exercise of this license herein granted, including but not limited to the replacement and repairing of paving, sidewalks and utilities of any nature occasioned by the construction authorized by this 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. 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 t❑ the condition that should the LICENSEE exercise any right under the license herein granted and prepare or begin ❑r 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, demanids, actions, causes of action, suits at law or in equity ❑f whatsoever kind or nature which may grow out of or be related t❑ the making of this license or the construction or maintenance and use permitted herein. The CITY OF LUBBOCK, at its option, may require an September 28, 1989 Page 786 agreement with any contractors hired by LICENSEE to perform the construction, repair or maintenance permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost and expense growing out 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 to 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. Prior to any construction as authorized by this license, the LICENSEE shall submit to the City Engineer plans and specifications for the construction to be done, and the LICENSEE shall not commence construction until such plans and specifications are approved by the City Engineer. 8. 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 to the same extent and effect as the same are binding upon and inure to 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 of the CITY OF LUBBOCK in each instance, except as specified in numbered paragraph four (4). 9. LICENSEE, by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are intended or implied except those expressly set forth hereiin, and LICENSEE waives any and all claims in and to the public way LICENSEE is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this license. CITY OF LUBBOCK Isl B. C. McMinn B. C. McMINN, MAYOR ATTEST: Is1 Ranette Boyd Ranet:te Boyd, City Secretary AGREED TO AND ACCEPTED this day of , 1989. LICENSEE: THE DEPOT RESTAURANT AND BAR, INC. BY: RONALD E. THOMPSON, PRESIDENT September 28, 1989 Page 787 APPROVED AS TO CONTENT: /s Ed Buc Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Millard Harold Millard, Assistant City Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said county, Texas, on this day personally appeared B. C. McMINN, MAYOR, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed and in the capacity herein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 28th day of September, 1989. /s/ Olivia R. Solis Notary Public, Lubbock County, Texas 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 RONALD E. THOMPSON, 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 The Depot Restaurant and Bar, Inc. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 1989. Notary Public, Lubbock County, Texas This proposed License is for the Depot Restaurant for the property located on the west side ❑f the 1800 block ❑f Avenue G. This encroachment will be in the street right-of-way of Avenue G and measures 7' wide and 31' long (north -to -south) and will be used for a covered fire exit and entrance dock for customers. This warehouse building is being converted int❑ a banquet hall for the restaurant, and the Fire Marshal has required that a fire exit be installed along Avenue G. The $150 application fee has been paid and the cost of this License will be the minimum $50 per year, payable in advance every five years for a total of twenty years. All utilities are in agreement, and Staff recommended approval. September 28, 1989 Page 788 89-48B-788-583 (17.) Motion was made by Councilman Patterson, seconded by Mayor Pr❑ Tem Baker to authorize Resolution #3209 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. Consider the closing of completed Community Development Projects and associated adjustments to the Contingency Fund. At the end of each fiscal year, the Community Development Projects which have been completed during the previous 12 months are closed, and the budget underruns and overruns are reconciled to the Contingency Fund. During the past twelve months, the following projects have been completed: CDBG CLOSEOUT - 1988/89 12th YR Arnett Benson (6109-13) 12th YR Phyllis Wheatley (6106-08) 13th YR Residential Rehab (4413) 596112 PR -Handicap Accessibility 596615 CD-Chatman/Coronado Study 597101 PR -Lake #2 & #6 Landscape 597102 PR -Mackenzie Park Lighting 597104 PR -Stubbs Playground Reno 597610 CD -Overton Sidewalks 597118 PR -Barrier Free Park III 597319 EN-E. 26th St. Bridge/Const 597620 CD -Early Learning Centers 597627E CD -Lubbock Heritage Society 597622 CD-CED Redevelopment Plan 598102 PR-Butler/Outreach Prog 598406 CE-Conc Code Enforcement 598607 CC, -Emergency Repair 598609 CDi-Indirect Cost 598610 CD -Paint -Up Program 598612 CD-Sidewalk/Arnett Benson 598613 CD-Weatherization 598815 CD -Home Security/Elderly 4411 CD -Administration 4415 CD -Field Services Revised Under Over Budget $ 9,924.00 $136,076.00 30,235.00 127,765.00 (4,056.02) 18,172.96 3,603.84 1,841.56 4,119.88 14,361.81 2,170.15 1,249.67 0.00 340.39 155.47 0.00 221.34 13,990.05 2,482.36 5,692.61 11,069.15 (14,871.09) (185.62) (11,616.00) (540.10) (34.05) 32,727.04 4,896.16 36,258.44 31,880.12 18,338.19 47,829.85 41,750.33 299,837.96 35,059.61 9,844.53 75,000.00 7,778.66 234,704.09 50,185.62 111,616.00 20,540.10 46,949.95 75,034.05 27,517.64 160,927.39 235,730.85 TOTAL TO CONTINGENCY $ 88,327.36 The budget underruns were primarily due to the competitive bidding environment for construction projects. The Arnett Benson sidewalks and Stubbs Playground projects were under budget due to lower bid prices. The Phyllis Wheatley project was under budget due to the property acquisition phase of the project being completed without condemnation expenses being incurred. The primary overruns were in concentrated code enforcement with the increased demolition effort. The Indirect Cost budget reflects the payment of 100% of the allowable cost to the City for services. The closing of these accounts will increase the Contingency Fund Budget from $159,639 to $247,966.36. Staff recommended approval. September 28, 1989 Page 789 Motion was made by Councilman Carpenter, seconded by Councilman Patterson to approve closing of completed CD projects and associated adjustments to the Contingency Fund as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 89-48B-789 -584 (18.) Consider the allocation of ce improvements. This item is to consider an "interim" CDBG allocation in order to comply with HUD's timeliness concerns in reprogramming available funds. Staff recommended an adequate Contingency Fund balance of $125,000-$150,000 remain in order to fund projects until June, 1990. During the past several months a number of potential projects have been submitted for consideration. These projects include: I. Sewer and Water Improvements/Franklin Estates 2. Fair Housing Analysis 3. Early Learning Centers of Lubbock 4. Hodges Ballfield Improvements 5. Code Enforcement The following projects are recommended for funding at this time: Sewer & Water Improvements/ $ 41,000 Franklin Estates Fair Housing Analysis 5,000 Early Learning Centers of Lubbock 20,000 Hodges Ballfield Improvements 20,000 Code Enforcement 19,200 Total 105 �00 The proposed allocation would decrease the Contingency Fund balance to $142,766.36. Staff anticipates an upcoming Youth Sports Grant will require up to $25,000 CDBG match. Motion was made by Councilman Patterson, seconded by Councilman Maloy to approve allocation of CDBG funds for public service and improvements as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 89-48B-789-5 B5 (19.) Consider Resolution #3210 authorizing the Mayor to execute a Funding Agreement with Earl Learning Centers of Lubbock. RESOLUTION #3210 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 September 28, 1989 Page 790 Lubbock a Community Development Funding Agreement/Contract by and between the City of Lubbock and Early Learning Centers of Lubbock, Inc. for child care, 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 28th day of September, 1989. ATTEST: /s Ranette Boyd _ Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Sandy Ogletree Sandy Ogletree, Community Development Administrator /s B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Teresa J. Wright Teresa J. Wright, Assistant Trial Attorney COMMUNITY DEVELOPMENT FUNDING AGREEMENT/CONTRACT FOR CHILD CARE BETWEEN THE CITY OF LUBBOCK AND EARLY LEARNING CENTERS OF LUBBOCK, INC. STATE OF TEXAS § COUNTY OF LUBBOCK § This Agreement is entered into this 28th day of September , 19B9 , between the City of Lubbock, Texas, a home rule municipal corporation, hereinafter called "City", and Early Learning Centers of Lubbock, Inc., a nonprofit corporation, hereinafter called "Grantee". WITNESSETH: WHEREAS, the City is obligated to do and perform certain services in its undertaking of a Community Development Plan pursuant to the Housing and Development Act of 1974, as amended; and WHEREAS, the Grantee is a nonprofit corporation offering assisted child care services to lower and moderate income working families who are in need of such services by operating day care centers; and WHEREAS, the services provided by the Grantee benefit citizens of the City of Lubbock and constitute a valuable public service; and WHEREAS, the City Council of the City of Lubbock has declared the maintenance and operation of day care facilities by the Grantee to be a public purpose; and WHEREAS, the City Council of the City of Lubbock has declared this to be a one time funding agreement between the City and the Grantee; and WHEREAS, the Grantee and the services it provides have been found to meet the criteria for funding under provision 570-2Dl(e) of the Community Development Regulation for Public Services; and WHEREAS, the accomplishment of the above public purpose is the predominant purpose of this transaction; continuing supervision by the City together with statutory and contractual requirements provide sufficient assurance that the public purpose will be accomplished; the City Council has found that the Grantee has the special expertise, knowledge and experience necessary for the operation of September 28, 1989 Page 791 day care facilities and that the City will receive adequate consideration in the form of substantial public benefit; and WHEREAS, the City desires to contract with the Grantee to make available child care assistance at the Early Learning Center, 1301 42nd Street; NOW THEREFORE, the City and Grantee do hereby mutually agree as follows: 1. The assistance made available through this agreement shall be uised by the Grantee solely for the purposes of providing low cost child) care services to qualified lower income families. This assistance shall provide the difference between the actual cost of child care services and the contributions made by the parent less any supplemental funding provided by other sources. parent contributions shall be determined using the procedures applicable to the Texas Department of Human Services Title XX program. The services provided by the Grantee shall exclusively benefit lower income families residing in the Community Development Target Area and whose gross household income does not exceed the lower income eligibility requirements as established by the Department of Housing and Community Development. The Community Development Target Area is identified in Exhibit A of this agreement. Except as otherwise required by this agreement, the Grantee shall administer and operate the child care services funded under this agreement consistent with the operating standards and procedures established by the Texas Department of Human Services for the Title XX Child Care Program. 2. The City agrees to provide Grantee assistance from Department ❑f Housing and Urban Development funds in an amount not to exceed $20,000. This contract shall commence on or as of November 1, 1989 and shall terminate on November 1, 1990. Payments will be made by CITY to Grantee based upon Grantee's invoice reflecting a $1.93 charge per child per day enrolled for child care services provided at the aforementioned site. Such monthly invoices shall be submitted not later than the tenth day of each month and shall be in a format prescribed by the CITY. 3. Grantee understands and agrees that the assistance made available under this agreement is contingent upon the actual receipt of adequate Federal funds to meet the CITY's liabilities under this agreement. It is expressly understood that this agreement in no way obligates the General Fund or any other monies or credit of the City of Lubbock. 4. The Grantee shall submit with the monthly invoice an enrollment report listing each child receiving assistance through this contract indicating the child's name, address, ethnic group, age, sex, monthly gross family income, parent contribution, and enrollment and attendance record. 5. Without limiting any of the other obligations or liabilities of the Grantee, the Grantee shall at its own expense provide minimum insurance coverages as listed below, and maintain coverages without interruption, provided by an insurer of a Best Rating of 8+ or better, against all liabilities for accidents arising out of or in connection with Grantee's performance under this agreement. A certificate of insurance will be placed on file with the Community Development of the CITY by Grantee. In the event of any material change, non -renewal or cancellation of any policy, Grantee's insurance company will give 45 days actual prior written notice to the Community Development Department of the City of Lubbock for such changes or cancellation. September 28, 1989 Page 792 TYPE OF COVERAGE MINIMUM LIMITS COMMERCIAL GENERAL LIABILITY: Coverage A - Each Occurrence $300,000 General Aggregate Other Than Products/ Completed Operations $300,000 5. The Grantee agrees to provide the CITY with the year-end audit report for the Grantee's operations. The Grantee shall submit an audit report which is in compliance with the provisions of the Single Audit Act of 1984, and OMB Circular No. 128. The audit shall be prepared by an independent Certified Public Accountant and shall include as supplemental information statements of compliance and internal control with respect to Federal financial assistance provided to the Grantee by the CITY. The audit report shall be submitted no later than 150 days following the end of the Grantee's Fiscal year. 7. The Grantee agrees that the performance of work and services pursuant to the requirements of this agreement shall conform to high professional standards. The Grantee shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of the CITY. 8. For purposes of determining venue and the law governing this agreement, activities performed under this agreement are performed in the City of Lubbock, Lubbock County, State of Texas. 9. It is expressly understood by Grantee that this assistance is made available as part of CITY's Community development Block Grant Program, and as such, the activities undertaken must comply with all of the rules and regulations established by said program, including those assurances and conditions which are incorporated as Part II of this agreement and hereby adopted for all purposes. Grantee agrees that the services provided by the Grantee under this agreement shall be devoted primarily to assist low and moderate income households. 10. The Grantee further agrees to make its books and records available to inspection by any representative of the CITY, the Department of Housing and Urban development, and the CITY's independent auditors as the CITY may determine necessary at any mutually convenient time. Grantee also agrees to provide CITY, the Department of Housing and Urban Development, and the CITY's independent auditors with such reports as the CITY may from time -to - time require as proof of Grantee's compliance with any or all terms and conditions of this agreement. 11. It is understood and hereby agreed that the Grantee shall not deny benefits to or discriminate against any person on the basis of race, color, religion, age, sex, national origin, or handicapped status in the performance of any activities funded under this agreement. 12. The CITY shall not be subject to any of the obligations or liabilities of the Grantee incurred in the performance of this agreement. The Grantee expressly agrees to indemnify and hold harmless the CITY for any and all liabilities and obligations incurred due to the negligence of the Grantee, its employees, officers, agents, subcontractor,s or agencies, or the negligent acts or omissions, breaches of contract of the Grantee or its employees, officers, agents, subcontractors or agencies. 13. This contract may be terminated as a result of any one of the following happenings: a. If through any cause the Grantee shall fail to fulfill in a timely manner its obligations under this agreement or if the Grantee violates any of the conditions of this September 28, 1989 Page 793 agreement, then the CITY shall give written notice of such violation or failure to proceed in a timely manner to the Grantee. Within ten (10) days after such notice, the Grantee shall inform the CITY in writing of the corrective action taken. The Grantee shall exercise all due diligence to correct any and all violations. In the event the violations are not fully corrected within twenty (20) days from the date the Grantee first gave notice to the CITY of the actions taken, the CITY retains the right to terminate this agreement forthwith. b. This agreement shall at all times be subject t❑ any corrective actions taken or directives issued by the Department of Housing and Urban Development in relation to the CITY's Community Development Block Grant Program. The Grantee shall comply with any and all such communications received by CITY from the Department ❑f Housing and Urban Development, including termination of this agreement, as if such communication were made a part hereof. C. This agreement may be terminated by Grantee upon sixty (60) days prior written notice to the CITY. 14. No member of ❑r delegate to the Congress ❑f the United States and no Resident Commissioner shall be admitted to any share ❑r part of this agreement or to any benefit to arise herefrom. 15. The Grantee shall not assign, sell or transfer any interest in this contract without the prior written consent of the City thereof. 16. This agreement contains the entire agreement of the parties. 17. None of the services covered by this agreement shall be subcontracted without the prior written consent of the City. IN WITNESS WHEREOF, the City and the Grantee have executed this agreement as of the first day above written. ATTEST s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Sandy Ogletree Sandy Ogletree Community Development Administrator APPROVED AS TO FORM: /s Teresa J. Wright Teresa J. Wright Assistant Trial Attorney EXHIBITS FILED WITH RESOLUTION NO. 3210 CITY OF LUBBOCK /s B. C. McMinn B. C. MCMINN, MAYOR Early Learning Centers of Lubbock, Inc. s Joanne Cotter JoAnne Cotter Executive Director ATTEST: /s/ Louise Cummins Secretary Community Development Block Grant funding has been requested to aid in the operation ❑f the New Directions Early Learning Center located at 1301 September 28, 1989 Page 794 42nd Street. The New Directions Program is for teenagers who are pregnant or have just had babies and is an effort to keep these young women in school to complete their high school education. The Early Learning Center provides day care for the children of the New Directions Program. A one-time funding request has been made due to various budget constraints and reductions related to LISD and the Early Learning Center. The policy of the City of Lubbock has been that Community Development funds will not be used for operating programs and ongoing operating programs, except for one-time emergencies or urgent programs or pilot programs. This particular request would meet the need for a ❑ne-time urgent need request and would not be eligible for continuation funding. The allocation of funding t❑ the Early Learning Centers of Lubbock New Directions Program is formula based with the total contribution not to exceed $20,000. Based on expense figures from the first year of operation (1988-89), Staff estimated that the average daily cost per child will be $14.45 in 1989-90. The New Directions Center anticipates an average daily reimbursement of $12.52 per child from ❑ther funding sources, and the request for CDBG funding is to offset the $1.93 per child revenue shortfall. The funding formula is based ❑n a $1.93 per pupil cost multiplied by days enrolled in program. Community Development Block Grant funds will be used to assist only those families meeting the low -to -moderate income guidelines published by the Department of Housing and Urban Development. Staff estimated that 59 children will be assisted daily through CD funding. The Lubbock Independent School District is aware that the assistance sought by the Early Learning Centers is a one-time request and cannot be renewed. LISD will assist the Early Learning Centers to obtain future funding in the amount being sought from Community Development. The Funding Agreement includes the project budget, timetable, funding formula, and Community Development guidelines. The Agreement was presented and approved by the Early Learning Centers Board of Directors on September 20, 1989. Motion was made by Councilwoman Trejo, seconded by Councilman Patterson to authorize Resolution #3210 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. (20.) Consider application for public -transportation funds. This item was deleted from the agenda. 89-48B-794-58F (21.) Consider Resolu to sian an Agreement between the UltV oT LUDDOCK eaktn services. September 28, 1989 Page 795 RESOLUTION #3211 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 exec-zte for and on behalf of the City of Lubbock a Public Health Service Contract by and between the City of Lubbock and the Texas Department of Health, 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 28th day of September, 1989. Isl B. C. McMinn B. C. McMINN, MAYOR ATTEST: Isl Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Isl 0c3ug Goodman Doug [woodman, Public Health Administrator APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney PUBLIC, HEALTH SERVICE CONTRACT FILED WiITH RESOLUTION #3211 Each year the State Health Department signs a Contract with the City requesting that the Lubbock Health Department provide certain services to the community. In exchange for these services, the Texas Department of Health provides the City with money for supplies, professional services, equipment, and staff. This particular Contract provides for 14.5 additional Health Department employees to provide support for programs related to AIDS, sexually transmitted diseases, dental care, public health promotion, immunization, family planning services, maternity services, and laboratory services. This Contract is for $383,352 and does not include an estimated $126,053 for vaccine used by the Immunization Clinic, nor $18,300 for supplies provided to the City Laboratory. The Contract represents a 33% increase over the Contract presented to City Council for FY 1988-89. Part of this increase represents the addition of two Registered Nurses and a Community Service Aide who will initiate an Outreach Program for the community to search for women in need of maternal and family planning services. This money was made available through the State Legalization Impact Assistance provisions of the Immigration Reform and Control Act of 1986. The actual value of the Contract is over $500,000. Staff recommended Council approval. September 28, 1989 Page 796 89-48B-796-587 (22.) Motion was made by Councilman Carpenter, seconded by Mayor Pro Tem Baker to authorize Resolution #3211 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. Consider Resolution #3212 authorizing the Mayor to submit a Grant Application to the Texas Department ❑f Health for AIDS education. RESOLUTION #3212 WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the health, safety and welfare of the citizens of the City of Lubbock to seek funding for an AIDS Education Coordinator through a Texas Department of Health grant; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to make application for a grant from the Texas Department of Health t❑ fund an AIDS Education Coordinator for the City 0 Lubbock and to sign such grant application and associated documents as are necessary to secure said grant funding. Passed by the City Council this 28th day of September, 1989. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s R+anette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: s Rita P. Harmon /s/ Donald G. Vandiver Rita 1?. Harmon, Assistant City Donald G. Vandiver, First Manager for Public Safety and Services Assistant City Attorney The City Health Department is requesting $27,117 to fund an AIDS Education Coordinator for Lubbock County for eight months. (The Contract period will be from January, 1990 to August, 1990.) The Grant is specifically for AIDS education, with the objective to coordinate the numerous education efforts being provided by the four to five agencies primarily involved in AIDS education. In visiting with other agencies in the County who provide AIDS education, a problem in the distribution of services was discovered. Some target groups were being approached by every agency as to the possibility of providing AIDS education for the group while other groups were not approached at all. The Coordinator will work to decrease duplication of services and broaden the base of services to new target groups. The Coordinator will also meet with a contact person for AIDS education in each high school in the County, and a seminar would be developed for each school. Additionally, the Coordinator will work with the cooperating agencies t❑ schedule seminars for young adults. September 28, 1989 Page 797 The Grant would coordinate the local education effort and provide information and referral services for education needs, matching the need with the most appropriate local provider, and the Coordinator will facilitate bi-monthly meetings with all cooperating agencies. These meetings would be used to support each other, share needs, develop solutions to problems and plan cooperative, comprehensive educational programs for the community. As of September 14, 1989, the Lubbock City Health Department had reported 212 HIV} individuals. Staff have a cumulative total of 69 AIDS cases, with 37 individuals still living. The Lubbock AIDS Health Care Planning Group estimates that by the end of 1991, Lubbock will have 1,400 to 3,000 HIV infected people. The Sexually Transmitted Disease Clinic saw 1,413 patients in June, July and August of 1989. Fourteen percent of these patients were under 18 years of age, and 61% percent were between 19 and 34 years of age. These two groups of teenagers and young adults are not the focal group of any AIDS education being taught by agencies in their programs. The idea for this Grant was derived from several meetings the City Health Department scheduled with various agencies providing AIDS education. These agencies included: West Texas AIDS Foundation (WesTAF), Texas Department of Health, Catholic Family Services, Lubbock Independent School District, and Mental Health Mental Retardation of Lubbock. The Grant was discussed with these and they supported it. The Lubbock Health Department will work with the agencies in town which are already conducting AIDS education to target AIDS education in an organized, cooperative effort. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to authorize Resolution #3212 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 89-4813-797-5?`8 (23.) Consider Resolution #3213 authorizing the Mayor to sign an agreement with HDR Engineering, Inc. for engineering services for the sanitary landfill. RESOLUTION #3213 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement for Engineering Services by and between the City of Lubbock and HDR Engineering, Inc. of Dallas, Texas, 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 28, 1989 Page 798 Passed by the City Council this 28th day of September, 1989. ATTEST: /s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is Rita P. Harmon Rita P. Harmon, Assistant City Manager for Public Safety and Services AGREEMENT FILED WITH RESOLUTION #3213 /s/ B. C. McMinn _ B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney On September 14, 1989, the City Council authorized Staff to negotiate a Contract with HDR Engineering, Inc. in association with Parkhill, Smith and Cooper for engineering services to develop a Site Development Plan and prepare the permit to the Texas Department of Health for a 69.69 acre expansion to the existing landfill. The response to the proposals included services for the expansion of the current landfill. HDR, in addition to the services requested, responded to the RFP with a recommendation for an optional scope of services to include the development of a comprehensive site analysis to maximize the life of the existing landfill in conjunction with the expansion to determine which alternatives may be best for the entire facility to get the maximum life and use out of the total acreage. The current landfill was permitted in 1970, and at that time the Site Development Plan did not include detailed engineering drawings for the location and size of trenches or include any current technology. Some of the tasks to be examined in the optional services include: 1. Meet with Texas Department of Health and City representatives to discuss a plan of implementation for landfill expansion .end site optimization. Discuss hydrogeologic considerations relative to simple expansion of the site versus a partial "final closure". Determine permitting requirements and time frame for permit issuance under various scenarios. 2. Develop drawings illustrating filling techniques to change the current operation from a trench fill method to an area fill method. Prepare a permit modification document for the existing landfill to the Texas Department of Health and calculate a revised remaining site capacity based on area fill. 3. Define "final closure" area and design the appropriate groundwater monitoring program to determine September 28, 1989 Page 799 potential future groundwater contamination caused by "closed" fill and prepare a closure plan for Texas Department of Health review. 4. Investigate the need for additional disposal capacity and determine feasibility of modifying the expanded area to include additional adjacent property. 5. Determine the need or lack of it for relocating Blackwater Draw to maximize the site life including necessary permitting and regulatory approval. 6. Define ultimate limits of fill and develop an overall concept for site development. Staff recommended accepting the original scope of services as requested in the RFP as well as the optional scope of services. It is estimated the current life of the 32O acre landfill is approximately nine years, with the expanded area giving the City an additional seven years. Staff anticipates the Site Optimization Plan, which looks at various options for the disposal, i.e., trench fill versus area fill and closure scenarios, would expand the current capacity at the existing landfill and could possibly limit the financial obligations for closure, thereby avoiding future costs. The new regulations require a performance bond for a 30-year Closure Plan where the current regulations require a 5- year Closure Plan. Staff indicated it is difficult to determine the dollar value associated with an additional year of life in the landfill; however, if some very basic figures such as the cost of land, site selection cost, engineering and permitting are considered, the value of an additional year of the landfill could fall between a $30,0OO and $50,000 per year savings. According to Staff memo, it was difficult to determine the actual schedule for this project because of the inclusion of the optional services. The optional services identify various scenarios for modification of existing landfill, closure, and fill methods. Based on the option accepted, a time schedule would be prepared at that time. However, it is anticipated that the permitting process will take between 12-24 months with much of the time to be determined by the Texas Department of Health. They may take up to six months to review the permit application and schedule a public hearing. It was recommended that the Contract with HDR including optional services listed in the scope be approved. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize Resolution #3213, including the optional services recommended by Staff. Motion carried: 6 Yeas; 0 Nays. September 28, 1989 Page 800 ( 9.) ORDINANCE #9312--Zone Case #2637 (2601and 2603 University Avenue) --Hold a Public Hearing to consider request of A. Thomas Jones (for Sunset Church of Christ and Christian Childcare Center for zoning change from R-2 to A-2_(limited to church and church related uses and child care facilities) on Lots 6-8 Block 2 Wonderland Addition and Lots 16-18 Block 1 Deerwood Addition. ORDINANCE #9312 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2637; A ZONING CHANGE FROM R-2 TO A-2 ZONING, LIMITED TO CHURCH USES AND CHILD CARE FACILITIES ON LOTS 6-8, BLOCK 2, WONDERLAND ADDITION AND LOTS 16-18, BLOCK 1, DEERWOOD ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. A. Thomas Jones appeared on behalf of Sunset Church of Christ and Christian Childcare Center to present this request for zone change. No one appeared in opposition to this request. Mayor McMinn closed the hearing at 10:39 a.m. According to Staff memo, the two buildings in this request were built and used for many years primarily as a church facility. Built prior to 1975, the use, after the 1975 Zoning Code was adopted, creates a nonconforming status. The property is zoned R-2. The child care facility was operated as a Lease from the church for several years, thus maintaining the nonconforming status as church -related. Recently, the proponents purchased the property between 26th Street and the alley. When Staff contacted them regarding the need for a zone change to bring the zoning up to date, they responded with this request. Assistant City Manager Jim Bertram gave the adjacent land uses as follows: North - Single-family South - Church property (included in the zone case) East - Duplex West - University Avenue and single- family The request does conform to the Comprehensive Land Use Plan since the non -conforming use is illustrated on the current Plan. The request also conforms with Zoning Policy for both church use and child care centers. That policy has been to locate church uses and child care facilities on the perimeter of neighborhoods and adjacent to major thoroughfares. University Avenue is a major thoroughfare, and 26th Street is a collector street through this square mile. Regarding the effect of this zone change on the street system, the single most evident complaint September 28, 1989 Page 801 has been with traffic congestion in the morning and afternoon delivery times at the center. If the center were still church related, the use would remain non -conforming and there would be no need for a zone change request. The design of the facility offers no opportunity for improving traffic flow. There is no access from the current parking lot to the alley because of the playground. There simply are a lot of people at that one spot twice a day, dispersed among other citizens using 26th Street as a collector street. Staff recommended that the proponent counsel with the parents using the center that there is an actual or perceived parking problem and ask them not to block the neighbors' driveways. In terms of both policy and the existing use of the buildings, the Staff supports the recommendation of the Planning and Zoning Commission. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to pass on first reading Ordinance #9312 as recommended by P&Z and City Staff. Motion carried: 6 Yeas; 0 Nays. 89-48B-801- 54O (24.) Consider Resolution #3214 designating a reme unhealthful condition ana autnorizing service to the area unaer spec RESOLUTION #3214 WHEREAS, the City of Lubbock annexed an area northeast of the City by Ordinance No. 8025 passed on final reading on April 10, 1980; and WHEREAS, there was substantial existing development in that area at the time of annexation; and WHEREAS, substandard or non -existing water and sewer systems have been shown to constitute an extremely unhealthful condition to this densely populated area; and WHEREAS, the extension of water and sewer service is necessary to correct these extremely unhealthful conditions; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT due to the extremely unhealthful conditions which the City Council find to exist in an area (which forms a part of said annexed area) is described as follows: 'That area enclosed within the red line on the map attached hereto and made a part hereof as "Exhibit A" 'The City Council authorizes the use of all available means to address this condition, including the extension of water and sanitary sewer imains to the point shown on the attached map called ',,,"Jbit A without a deposit as required by Section 28-163 of the Lubl .. City Code, providing such extension of service from the street authorized by Section 28-151(a) of the Lubbock City Code. SECTION 2. THAT the water and sanitary sewer system serving each individual property owner and/or occupant in said area above - described is to remain a privately maintained water and sanitary September 28, 1989 Page 802 sewer system, and the connection of said water and sanitary sewer system int❑ the water and sanitary sewer system of the City of Lubbock shall in n❑ wise place any legal obligation or duty upon the City of Lubbock to operate or maintain said private water and sanitary sewer system. Passed by the City Council this 28th day of September, 1989. ATTEST: Is1 Ranette Boyd _ Ranett:e Boyd, City Secretary APPROVED AS TO CONTENT: Isl Wilford D. Watson Wilford D. Watson, Chief Engineer Water Utilities EXHIBIT A FILED WITH RESOLUTION #3214 Is1 B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Isl J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney The City of Lubbock Water Utilities Engineering Department was contacted some time ago by Mr. Vincent Mathia, the newly appointed trustee of the J.E. Franklin Trust for water service to the existing mobile home subdivision and mobile home park. The existing homes are being serviced by a private water system and sanitary sewer system. The properties have not been platted and therefore could not be served under the standard subdivision ordinances. Mr. Mathia has been working with Staff regarding a Community Development program to help alleviate this problem. Staff recommended that Council allocate CDBG funding to install water and sanitary sewer lines to the area at an estimated cost for sanitary sewer of $38,079.81 and an estimated cost for water of $2,050.04. The Franklin Estate people would be responsible for water meter costs and also for the maintenance and repair of their water system. Additionally, they would remain responsible for maintaining and repairing their sanitary sewer system. This Resolution is a necessary step in allowing the City to serve the designated area without platting of the land within the area. Staff recommended approval of the Resolution. Motion was made by Councilman Patterson, seconded by Councilman Carpenter to authorize Resolution #3214 recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 89-48B-ebj-59I (25.) Consider Fees for Independent Auditors. Staff provided Council with copies of a letter from Mason, Warner and Company setting out their maximum fee for the audit for the Fiscal Year ending September 30, 1989. The maximum fee, as indicated in the letter, is $80,000, both the fee September 28, 1989 Page 803 and the hourly rates are the same as those for last year. Hourly rates are as follows: 1989 Partners 120.00 Managers 88.00 Seniors 56.00 to 68.00 Staff 45.00 The Agreement with Mason, Warner and Company is for one year with provision to extend the Agreement for an additional four periods. Acceptance of Mason, Warner and Company's fee letter for Fiscal Year ending September 30, 1989, would constitute the fifth and final extension of this Agreement. Staff recommended approval. Motion was made by Councilman Carpenter, seconded by Mayor Pro Tem Baker to accept fees for independent auditors for Fiscal Year ending September 30, 1989 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 89-488-803-5.92 (26.) BID #10344--Electrical switches (Electric Distribution . Cummins Supply, Amarillo--6 Electrical switch, single-phase, pad -mounted. Temple, Inc.--4 Vacuum switch, 3-way, 3-switched; 4 vacuum switch, 4-way, 4-switched. Motion was made by Councilwoman Trejo, seconded by Mayor Pro Tem Baker to authorize low bids meeting specifications. Motion carried: 6 Yeas; 0 Nays. 89-48B-803-593 (27.) BID #10340--Fire Department uniforms Fire Department). Daco Fire Safety Equipment--600 Long sleeve blue shirts; 100 long sleeve white shirts; 30 short sleeve white shirts; 500 uniform trousers. Blauer Manufacturing, Humble--9 Foul weather jackets. Donovan Uniform Co., Inc., Dallas--100 Fire Dept. dress trousers; 40 Fire Dept. dress jackets; 100 Fire Dept. uniform dress caps. Uniforms of Texas, Dallas -500 Short sleeve blue shirts. Motion was made by Councilwoman Trejo, seconded by Mayor Pro Tem Baker to authorize low bids meeting specifications. Motion carried: 6 Yeas; 0 Nays. 89-48B-803-94 (28.) BID #10363--Abandoned Vehicles Contract, and authorize same (Police Department). September 28, 1989 Page 804 RESOLUTION #3215 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 RP's Heavy Duty Towing for abandoned vehicles, 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 28th day of September, 1989. ATTEST: Is Ranette Boyd Ranett:e Boyd, City Secretary APPROVED AS TO CONTENT: Isl Gene Eads Gene Eads, Purchasing Manager CONTRACT STATE OF TEXAS COUNTY OF 1-1-IBBOCK Isl B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Is1 Harold Millard Harold Millard, 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 RP's Heavy Duty Towing of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNE:SSETH: 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. 10363 - ABANDONED VEHICLES CONTRACT FOR THE AMOUNT OF $12.00 PER VEHICLE 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 ara services necessary to complete the said construction in accordant-,, 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 -',e proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. September 28, 1989 Page 805 IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Ranette Boyd Secretary APPROVED AS TO CONTENT: /s/ Gene Eads ATTEST: Secretary COMPLETE ADDRESS: RP's Heavy Duty Towing 711 Erskine Lubbock, Texas 79464 CITY OF LUBBOCK, TEXAS (OWNER) /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard RP'S HEAVY DUTY TOWING CONTRACTOR By: /s/ Bob Turner /s/ Royce Parrish TITLE: Owners RP's Heavy Duty Towing --Annual price for abandoned vehicle removal and storage (price per vehicle). Motion was made by Councilwoman Trejo, seconded by Mayor Pro Tem Baker to authorize Resolution #3215 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 89-488-805 ,2595 (29.) BID #10332--Air ort liability insurance (Finance). Republic Hogg Robinson of Texas --Airport General Liability - $5,000/$15,000 Deductible - $11,000,000 coverage. The Sanford Agency --Public Official Liability Insurance - $25,000 Deductible/$2,000,000 Each Wrongful Act - $5,000,000 Annual Aggregate. Motion was made by Councilwoman Trejo, seconded by Mayor Pro Tem Baker to authorize low bids meeting specifications. Motion carried: 6 Yeas; 0 Nays. 89-48E4-805- 596 (30.) BID #10308--Lighting supplies (Parks and Recreation). Fields & Company--65 Luminaire bracket. General Electric Supply Co.--65 Steel pole, 30'. Motion was made by Councilwoman Trejo, seconded by Mayor Pro Tem Baker to authorize low bids meeting specifications. Motion carried: 6 Yeas; 0 Nays. September 28, 1989 Page 806 (31.) Mold an Executive 0 Complete Count Committee Community Services Commission Housing Standards Commission Temporary Playa Lake/Drainage Study Committee Urban Design and Historical Preservation Commission At 11:30 a.m., Councilman Phillips joined Council for the remainder of the meeting. 89-48B-806-597 (32.) Consider one appointment to the 1990 Complete Count Committee 1990 Census). Jay Harris declined appointment. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Maloy to appoint Bob Horton to replace Jay Harris on the 1990 Complete Count Committee. Motion carried: 7 Yeas; 0 Nays. 89-48B-806�98 (33.) Consider eight appointments to the ces Commission. The terms of .aim Kers arbara Ginsberg. Nat Kiser Castaneda Verlina Carroll and Burnis Henderson expire Auaust 31. 1989 and one neighborhood on Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to reappoint Roger Greene, Nat Kiser, and Verlina Carroll and to appoint Jay Ibarra, Jr. to replace Jim Kersey, Myra Burris to replace Barbara Ginsberg, Mary Jane Botell❑ to replace Carmen Castaneda, Fr. David Cruz to fill one neighborhood position (Carlisle), and Carolyn Tieg to replace Burnis Henderson on the Community Services Commission. Motion carried: 7 Yeas; 0 Nays. 89-48B-806- 599 (34.) Consider one appointment to th Commission to fill the unex it McLean. Mr. McLean's term was Motion was made by Mayor Pro Tem Baker, seconded by Councilman Maloy to appoint Larry Lowe to fill the unexpired term of Mike McLean on the Housing Standards Commission. Motion carried: 7 Yeas; 0 Nays. 89-48B-806•60' (35.) Consider one appointment to the temporary Playa Lake/ Drainage Study Committee. Pat Hixson dec'ined her appointment. September 28, 1989 Page 807 Motion was made by Mayor Pro Tem Baker, seconded by Councilman Maloy to appoint Vada White to replace Pat Hixson on the temporary Playa Lake/Drainage Study Committee. Motion carried: 7 Yeas; 0 Nays. 89-48B-807-601 (36.) Consider one appointment to the Urban Historical Preservation Commission. Leo Padgett expired September 14, 198 Motion was made by Mayor Pro Tem Baker, seconded by Councilman Maloy to appoint David Miller to replace Leo Padgett on the Urban Design and Historical Preservation Commission. Motion carried: 7 Yeas; 0 Nays. There being no further business to come before Council, motion was made 13y Councilman Patterson, seconded by Councilman Phillips to adjourn the meeting at 11:50 a.m. Motion carried: 7 Yeas; 0 Nays. B. C. MCMIN , MAYOR qRante Boyd, City Secre ary READ AND APPROVED THIS 12th DAY OF OCTOBER, 1989. C' t B. C. McMI N, MAYOR qRanete Boyd, City Secr ary R-22-1 THE: STATE OF TEXAS COUNTY OF LUBBOCK Before me Frances Re.rn an d e z. a Notary Public in and for Lubbock County. Texas on this day personally appeared T.J. 'Afui_I t s Account MAnager of the South• NOTICE OFW~ pers Corporation, publishers of the Lubbock Avalanche -.Journal — Morning. Evening . PUBLIC HEARING NOTICE Is hereby given that the being by me duly sworn did depose and say that said newspaper has been published Conti C1iy Council will hold • Public bw than fifty-two weeks prior to the first insertion of this Legal Notice Hearing at 10:-V Thursday, to tSepe City - 4E. 1999. al 10:30 A.M., in The City 5 6 5 3 8 Council Chambers, 1625 13th Street. No. at Lubbock County. Texas and t Lubbock. Texas, 10 consider the L e Q a recommendations tw The Planning ed copy of the _ is a true copy of the original and was print end Zoning Commission that zon. $ e A t e m 6 e r 13, 1989 9 Ino be changed on certain proper. Avalanche -,Journal on the following dates: ties In Lubbock, Texas. All inter- 13 2 Words is .46 � 6 Q . 7 2 ested persons may speak, then the f City Council will act on such rec- F r I ommendalions. The lacewing zone Cases will be heard. ZONE CASE NO. %37: Reddest of 2�{�� A. Thomas Jones (for Sunset C,,y Church eI Christ and Christian ChildcareCenTtr) for xoninp change from R-2 to A•2(limited Io countManager church d Church related uses and child care facilities) on Lots LUBBOCK AVALANC'HE�-JOURNAL an Lots 2. Wonderland Addiflon and Lots la-lp, Block 1, Ueer+yootl Addition (260) and 2603 University Southwestern Newspapers Corporation Avenue). R-221 Subscribed and sworn to before me this _1d day of October ig 89 FORM 58-10 City of Lubbock Temp. Order 10--3-89 Agenda STATE OF TMS COUNTY OF Lubbock Before me, the undersigned authority, ou this day personally appeared J. Aufill Who being by ire duly sworn, deposes and says that Whe the Account Manager of _ Luhb o-ck Avalanche -Journal _; that said newspaper is regularly published in County (Counties), Texas, and generally circulated in S u rra un d ing County 'texas; that the attached notice was published in said newspaper on the following date(s), to wit: September 99 1989 sentatives Subscribed and sworn to before me this the 11 of September , 19 89 , to certify witness my band and seal of office. (SEAL) Al Tf' �- •res ' M'/,LVff�r:..iif:iR LKj� _--- or Texas Frances Hernandez Print or Type. Name of Notary Public Hy Commission Expires 7-6-91 NOTICE OF PUBLIC HEARING HS Texas Water Commission wilt ewtuct a public hearing at D:00 a.m- • TueWay. October 3, fe9 flWam B. Travis Slate Office dllding - Room 1-111 701 North Congress Avenue - Avs- n. Texas. 78701 he purpose of the hearing will be 1 determine whether a Temporary ►der, pursuant Oo 26191, TEXAS 'ATER. CODE, And 31 7AC 75.21-305.30 of the Rulas of }he axes Wafer Commission. should s issued to the City of Lubbock, .O. Box 2000, Lubbock. Texas The City of Lubbock has applled to he Texas Water Comm lsMon for a emporary Order to authorize &s- d nosal of treated wastewater from wastewater treatment facilities covered under Permit no. 103S3-D2. Disposal would be by irrigation on an add] t lona 11500 acres of land ad- lacent to or In the vicinity of the Gray Farm in Lubbock, Lubbock County, Texas. The City of Lvbb bock shall maintain acontract with landowners, whose property is au. thorned for disposal of effluent by the Temporary Order, and main - lain lain supervisory and management control over the lane to assure that crops suitable for Irrigation are maintained and that the allowable application rate is not exceeded. Application rates for the Irrigated laud shall not exceed 41 acre- feetlacrelvear and the bidCheml. Cal oxygen demand fBODSI con• centratldn shad not exceed 4s milli- grams per liter (mgl) 30-dav aver- age. The City of Lubbock is re- questing this temporary order while their application for amend- ment to permit No. 103SM is be• ing processed by the Commission. The applicant has stated; tl l Such a request is Iustlfied to prevent a discharge of materials or an over- loading of the currently authorized lands which will result in severe property damage., (2) That there are no feasible alternatives; cal There are no significant hazards to human life and health, unreason- ably damage to property o► Per- son"sons other than Otte sPolicani. or economic loss to per- sons Other than One appilcant. The temporary order, if Issued, would authorize the city of Lub- bock td di pose of treated effluent on an addi�Ionat 7500 acres of land adlaceni to or In the vicinity of the Gray Farm pursuant go the terms and conditions set forth in the pro. Posed temporary order. The issu- ance of the temporary order shall not in any way constrain, bind, or Commit the commission in its deci- sion on any application or request by the City of Lubbock, including the pending application for the amendrhanl to permit No. I03S3.02, or in Its decisions or posltlons in BAY other Preceding or matter be- fore the commission. The order shall expire 1, days after issu- ance. or upon approval of the pro - Posed amendment to permit All bar 10353.02, which aver occurs Ifni. Further Information Concerning this application Poll, a temporary or. der may be obtained by confading Irene L. Manteiongo, Staff Alter - hey, P.O. Box 13M7, Capitol Sta. tion. Austin, Texas, 71171t, Tele- phone $12.463-8069. Information concerning participating in hear. Ings maybe obtained by contact]no the public interest Advocate, Cvn. thin Haves, of P.D. Box IX07. Cap. itol Station, Austin. Texas, 78711.3087, Telophorm 512-463.903D. Issued this 1st day of September, I M. Brenda W. Foster, Chief Clerk Texas Water Commission SECOND R-242 READING OROINANCES pRDINANCE NM 91]7 THE. STATE OF TEXAS INGAANORDINANCE CLOSING A OANDDPORTION COUNTY OF LUBBOCK OF 13TH STREET ADJACENT To Frances Hernandez BLOCIKS 72 AND 73, OVERTON Before me a Nptary F Vic• in and for Lubbock County. T ADDITION TO THE CITY of persona 11y appeared T.J. A u ill 1 c e'n u n M a n a e r 1. h LUBBOCK. LUBBOCK COUNTY pers Corporation, publishers of the Lubbock Avalanche -Journal being by me duly sworn did depose and say that said newspaper than fifty-two weeks prior to the first insertion of N - No- 506614 t this ed copy of the L! �= a I V i c e is a true Avalanche -.Journal on LLhe f awin dd t s: 231 words [a . _z`.52 Account anager LUBBOCK AVALANCHE -.JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to betore me thss 10 day of FORM 58.10 of t C° SOut TEXAS, AND MORE PARTICU- LARLY 1 — Morning. Evening c BODY OFTHSSORp NANCE' DCRIBED IN I- llas bern Ruglished conti� TO MARK THE OFFI� AL MAPS L e g a U 1 c e OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONING at Lubbock County, Texas and t AND CLOSING; PROVIDING A SAVINGS CLAUSE; A14D PRO. Copv Of the on inal and was rin VIDI NG FOR PUBLICATION. e p t. 301 Act. 7, 1(f89 / ORDINANCE NO. October 19 AN ORDINANCE ALTERING THE ' ITS ONRCERTAIN P OF SPEED L PORTIONS OF EAST BRO RE PA TI ULARLHERE - AFTER MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO; REPEAL. ::•!-r-; �', jl�i- ING CONFLICTING ORDI- pr;r NANCES TO THE EXTENT OF SUCH CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR IGHWAYS NAMED HEREN,IPROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A PENALTY; PROVIDING A SAV. 8[� INGSCLAUSE; ANOPROVIDING 9 FOR Pl,., rrer,n., OR D I NA NC E NO. 031) TEXAS MUN ICI PAL RETIREMENT SYSTEM AN ORDINANCE AUTHORII- ING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIRE. MENT SYSTEM, '•Uppgrg0 SERVICE CREDITS" IN SAID SYSTEM FOR SEl�yICE PER- ^ORMED BY QUALIFYING AEMaERS OF SUCH SYSTEM NHO PRESENTLY ARE IN THE ?F LUBB CK TESTABL SHING