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HomeMy WebLinkAboutMinutes - City Council - Regular - 10/24/1989Page 840 CITY OF LUBBOCK REGULAR CITY COUNCIL FEETING OCTOBER 24, 1989 10:00 A.M. The City Council of the City of Lubbock, Texas net in regular session or the 24th day of October, 1989 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 10:00 A.M. Present: Mayor B. C. McMinn, Mayor Pro Tem Joan Baker, Councilman T. J. Patterson, Councilman Gary Phillips, Councilman Bill Maloy, Councilman George Carpenter, Councilwoman Maggie Trejo, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr., and City Secretary Ranette Boyd. Mayor McMinn called the meeting to order at 10:00 A.M. [ 1.) The Invocation was given by Deputy City Manager Bob Cass. ( 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. ( 3.) Motion was made by Councilman Patterson, seconded by Councilman Maloy to approve the Minutes of the September 28, 1989 Regular City Council meeting as written. Motion carried: 7 Yeas; 0 Hays. 89-48B-840 -623 ( 4.) 89-48B-840- 62A ( 5-) Dr. Sam Richards, Chairman of the Board of City Development, presented the annual report of the BCD and requested acceptance by Council. Council had been briefed on the report by Dr. Richards in the Work Session. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to accept Annual Report of the Board of City Development with Council's expressed appreciation for the work they are doing. Motion carried: 7 Yeas; 0 Hays. 9RDINANCE #9313 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A STORM WATER STORAGE AND DRAINAGE EASEMENT LOCATED IN SECTION 15, BLOCK E-2, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. October 24, 1989 Page 841 89-488-841.625 ( 6.) Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to pass on second and final reading Ordinance #9313 as recommended by Staff. Motion carried: 7 Yeas; 0 Hays. Texas. ORDINANCE #9314 AN ❑RDINANCE ABANDONING AND CLOSING PORTIONS ❑F A STORM HATER STORAGE AND DRAINAGE EASEMENT LOCATED IN SECTION 11, BLOCK E-2, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to pass on second and final reading Ordinance #9314 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-488-841-62fi [ 7.) DRDINANCE #93L5--Establishing a 35_MPH speed limit on 74 Streei~ between_Ouaker Avenue and Utic-a Avenue, ORDINANCE #935 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN PORTIONS OF 74TH STREET AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREETS DR HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A PENALTY; PROVIDING A SAYINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 89-488-1341- 627 ( 9.) Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to pass on second and final reading Ordinance #9315 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 1-35. RESOLUTION #32,25 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Willow Park Addition, Lots 1-35, made arrangement with Hugo Reed and Associates and Williams & Peters Construction Company for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions Said Drdinanc:e prior to the recording of the subdivision plat of lIie abovementioned addition including the following streets: October 24, 1989 Page 842 Aberdeen Avenue from its intersection with the South lip line of 96th Street to its intersection with the North lip line of 98th Street known and designated as New Subdivision Sub -Unit Number 12 of Unit Number 2034. 97th Street from its intersection with the East lip line of Aberdeen Avenue to its intersection with a line 23 feet South of South lip line of 97th Street known and designated as New Subdivision Sub -Unit Number 13 of Unit Number 2034. Abbeville Avenue from its intersection with the North lip line of 98th Street to its intersection with a line 23 feet South of South lip line of 97th Street known and designated as New Subdivision Sub -Unit Number 14 of Unit Number 2034. Alley return on North side of 98th Street between Abbeville and Aberdeen Avenues known and designated as New Subdivision Sub - Unit Number 17 of Unit Number 2034. AND WHEREAS, the construction of the above improvements on the abovementioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the abovementioned streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to notify the developer of acceptance by the Lubbock City Council. SECTION 2. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED this 24th day of October, 1989. ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Larry Hertel Larry Hertel, City Engineer IsZ B. C. McMinn B. C. RcM'INN, MAYOR APPROVED AS T[► FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney CONSOLIDATED FINAL PAVING ESTIMATE FILED W1TH RESOLUTION. This request is for a routine acceptance of paving improvements required it the time of platting this subdivision. The Planning and Zoning Commission approved a variance to the standard street width in this subdivision to allow 28' wide paving under Section 25-7 of the Code. Consulting engineers handled the plans and specifications, and inspec- tion and testing was handled by the City of Lubbock. There is no City cost due the Contractor upon this acceptance. Staff recommended approval. Motion was made by Councilwoman Trejo, seconded by Councilman Phillips to authorize Resolution #3226 as recommended by Staff. Motion carried: 7 Yeas; 0 Hays. October 24, 1989 Page 843 89-48B-843- 628 (10.) ORDINANCE #9316 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 84TH STREET IN 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 SAYINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This Ordinance abandons and closes a paving stub on 84th Street southwest of Nashville Avenue in the King's Court and King's Gate area which was dedicated in 1984 as part of the Tract "F" King's Gate Addition plat for the southward expansion of Nashville Avenue. Since that time, King's Row Addition has been platted to the south and cancelled the need for a southbound avenue in that area. Lot 2, King's Court Addition will be located where this paving stub dedication is now located. The proponent of this closure is Hugo Reed for Richard Webb. The area to be closed is 936.57 square feet. The City is trading with proponent the costs associated with this closure for the acquisition of a 6' wide Underground Utility Easement on Lot 6, King's Court Addition. (A few years ago, the City installed a sewer line inside Mr. Webb's property line without an Easement.) Staff recommended approval. Motion was made by Councilman Phillips, seconded by Councilman Patterson to pass on first reading Ordinance #9316 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48B-84�_629 {11.) Cons_ider.Resolution #3227 authorizing the Right -Of - Way Department to make an offer to Marianne Riney for Lot 56, Block 25, Myrtle Slaton Addition No. 4, an addition. RESOLUTION 43227 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 the widening of Indiana Avenue, 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 pur- poses 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 Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to - wit: Lot 56, Block 25, Myrtle Slaton Addition No. 4, are Addition to the City of Lubbock, Lubbock County, Texas. October 24, 1989 Page 844 SECTION 2. THAT the owner of said tract, being Marianne Riney, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $53,000 which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate here- inabove 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 24th day of October, 1989. ATTEST: ZsZ Rane to Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Ed Buc Ed Bucy, Right -of -Way Agent /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Is/ Harold il.] and Harold Dillard, Assistant City Attorney This property, located at the northwest corner of 46th Street and Indiana Avenue (3402 46th Street), is necessary for the widening of Indiana Avenue between 34th Street south to 50th Street. The Tax Office appraised this property at $52,917, and the owner has accepted $53,000, which is the City's offer. Staff recommended approval. Motion was made by Councilman Carpenter, seconded by Councilman Phillips to authorize Resolution #3227 as recommended by Staff. Motion carried: Yeas; 0 Nays. 89-488-844-.630 (12.) Consider Resolution #3228 authorizing the -Right -Of - of Lot 17 and all of Lot 18_,._ Block 30, Myrtle Slaton Addition No. 5. RESOLUTION #3228 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 the widening of Indiana Avenue, 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 pur- poses as aforesaid; NOW THEREFORE: 1.1=1032911I~I141111.ym i:1414triff*11041W11=1Iit@trail=JLI11.1.1111cs SECTION 1. THAT the fee simple title to the following described tract of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to - wit: The East five (5) feet of Lot 17 and all of Lot 18, Block 30, Myrtle Slaton Addition No. 5, an Addition to the City of Lubbock, Lubbock County, Texas. October 24, 1989 Page 845 SECTION 2. THAT the owners of said tract, being Charles W. Forrest and his wife, Jeannie Forrest, BE offered through the Right-of-way Depart- ment of the City of Lubbock the amount of $63,800 which is the amount appraised as the value and total damages for -the fee simple title and ac- quisition 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 24th day of October, 1989. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Ed Bucy, Right-of-way Agent Isf B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: fs/ Harold Willard Harold Willard, Assistant City Attorney This residential house and lot, located at the southwest corner of 46th Street and Indiana Avenue (3401 46th Street), is necessary for the widening of Indiana Avenue. The Appraisal District valued this property at $63,794, and the Forrests have agreed to $63,800, which is the City's offer. Staff recommended approval. Motion was made by Councilwoman Trejo, seconded by Councilman Patterson to authorize Resolution #3228 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48B-845=63I (13.) Consider Resolution #3229 authorizing_ the RigL.-Of- Wa De artment to make an gffer to Tommie Norman for_L_o.t 58, Block 33, Myrtle Slaton Addition No. 5. RESOLUTION 03229 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 the widening of Indiana Avenue, 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 pur- poses 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 Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to - wit: Lot 58, Block 33, Myrtle Slaton Addition No. 5, an Addition to the City of Lubbock, Lubbock County, Texas. SECTION 2. THAT the owner of said tract, being Tommie Norman, BE offered through the Right -of -flay Department of the City of Lubbock the amount of $46,000 which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate here- October 24, 1989 Page 846 inabove 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 24th day of October, 1989. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Agent s B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harald Willard, Assistant City Attorney This property is located at the northwest corner of 48th Street and Indiana Avenue (3402 48th Street), The Appraisal District valued this property at $45,982, and the owner has agreed to $46,000, which is the City's offer. Staff recommended approval. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to authorize Resolution #3229 as recommended by Staff. Motion carried: Yeas; 0 Nays. 89-48113-846-c6 12 (14.) Consider Ordinance #9317 establishing a 50 MPH speed limit on University Avenue between South Loon 289 and the South City Limits. ORDINANCE #9317 AIN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN PORTIONS OF UNIVERSITY AVENUE, AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE (BODY OF THIS ORDINANCE; DIRECTING PLACEMENT f7 SIGNS WITH RESPECT THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXILNT OF SUCH CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A PENALTY; PROVIDINGG A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. According to Staff comments, existing speed limits vary from 40 MPH just south of Loop 289 to 50 MPH between 82nd and 98th Streets. A recent speed study, conducted in accordance with the procedures prescribed by the State Department of Highways and Public Transportation, shows that the 85th percentile speed in this area is 50 MPH, and Staff recommended that a speed limit of 50 MPH be established. Motion was made by Councilwoman Trejo, seconded by Councilman Phillips to pass on first reading Ordinance #9317 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89 -48B-1346- 633 (15.) Consider Resolution 03230 authorizing the Mayor to execute a Contract with the Lubbock Urban Transportation Study (Metropolitan Planning Organization) for the FY 1990_Program. October 24, 1989 Page 847 RESOLUTION #3230 WHEREAS, the City Council of the City of Lubbock has heretofore executed an agreement between the City of Lubbock and the Steering Committee of the Lubbock Urban Transportation Study (Metropolitan Planning Organization); and WHEREAS, authorization has been granted to extend the above mentioned agreement through September 30, 1990; HOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement between the City of Lubbock and the Steering Committee of the Lubbock Urban Transportation Study, 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 24th day of October, 1989. ATTEST: /s/ Ranette Bovd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s David le David E. Woosley, Traffic Engineer CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK s B.,--g, McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: ZsJ J. worth Fullin im J. Worth Fullingim, Assistant City Attorney This contract, entered into this 24th day of October, 1989, by and between the Steering Committee of the Lubbock Urban Transportation Study (Metropolitan Planning Organization), hereinafter referred to as the "MPO" and the City of Lubbock, Texas, hereinafter referred to as the "City". WITNESSETH Whereas, on October 23, 1975, the MPO entered into a contract with the City of Lubbock, Texas; Now therefore, it is hereby agreed that the aforementioned contract of October 23, 1975, shall, subject to the condition hereinafter stated, be extended to cover the period from October 1, 1989, through September 30, 1990. Work will be performed as set forth in the Unified Work Program FY 1990 (October 1, 1989 to September 30, 1990). Condition: Exhibit "B", dated October 1989, attached hereto shall replace Exhibit "B" as attached to the aforementioned contract of October 23, 1975. In testimony whereof, the parties hereto have caused these presents to be executed on the aforementioned date. PARTY OF THE FIRST PART Steering Committee Lubbock Urban Transportation Study /s/ Jim Bertram Jim Bertram, Chairman ATTEST: Is/ Jack N. Moore_ Jack N. Moore, Secretary October 24, 1989 Page 848 PARTY OF THE SECOND PART City of Lubbock /s/^B. C. McMinn B. C. McMinn, Mayor ATTEST: fs/ Ram Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s D� E.�Woosley David E. Woosley, City Traffic Engineer APPROVED AS TO FORM: s J. Worth Fullin im J. Worth Fullingim, Assistant City Attorney EXHIBIT B Summary of Section 112 funding to be received by the City of Lubbock for performing listed tasks during FY 1990 (October 1, 1989 - September 30, 1990). Task No. Task Description 112 Funds 201.20 Census Bureau/MPO Cooperative Assistance Program $ 500 202.20 Parking Study 48,000 301.20 Transit Study *100,000 701.30 Land Use Plan 42,000 Total $ 190,500 *UMTA Section 9 89-48B-848-634 (16.) Each year, the City receives a Grant of Planning 112 Funds from the State Department of Highways and Public Transportation which is administered by the Lubbock Urban Transportation Study. The funds for FY 1990 total $190,500 for various projects as specified in the Contract. Planning studies are essential to keeping base land use data up to date for the Urban Transportation Plan, to follow up on a proposal of the downtown plan to complete a detailed parking study, and to provide UMTA funds for required technical studies for the Citibus operations. Motion was made by Councilman Patterson, seconded by Councilman Carpenter to authorize Resolution #3230 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Airport. October 24, 1989 Page 849 RESOLUTION #3231 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 Fixed Base Operator Agreement with Horton Aero Service, 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 24th day of October, 1989. ATTEST: f sj Ranette Baud Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Marvin Coffee Marvin Coffee, Director of Aviation ZsZ B. C. M Minn B. C. McMINN, MAYOR APPROVED AS TO FORM: s Harold Willa d Harold Willard, Assistant City FIXED BASE OPERATOR AGREEMENT THIS LEASE AGREEMENT, made this 24th day of October, 1989, by and between the City of Lubbock, Texas, acting by and through its Mayor, hereunto duly authorized, (hereinafter referred to as "Lessor") and Horton Aero Service, Inc., a corporation incorporated under the laws of the State of Texas, with its principal office at Lubbock, Texas, (hereinafter referred to as "Lessee"). WITNESSETH WHEREAS, Lessor owns and operates the Lubbock International Airport, located in Lubbock County, Texas, (hereinafter referred to as "Airport"); and WHEREAS, Lessee is a corporation primarily engaged in commercial aviation, retail sales and the general activities of fixed base operation and aircraft sales; and, WHEREAS, Lessor deems it advantageous to itself and to its operation of the Airport to lease unto Lessee the premises described herein, together with certain privileges, rights, uses and interests therein, as hereinafter set forth; and WHEREAS, Lessee proposes to lease on a net basis from Lessor a certain building and ground area located at the Airport and to avail itself of certain privileges, rights and uses pertaining thereto; and WHEREAS, Lessee has indicated a willingness and ability to properly keep, maintain and improve said premises in accordance with standards established by Lessor; NOW THEREFORE. ARTICLE I PREMISES AND PRIVILEGES For and in consideration of the terms, conditions and covenants of this Lease to be performed by Lessee, all of which Lessee accepts, Lessor does hereby lease unto Lessee certain property together with improvements thereon (hereinafter called "Leased Premises"), and certain attendant privileges, uses and rights, as hereinafter specifically set forth in this Agreement. October 24, 1989 Page 850 A. DESCRIPTION OF LEASED PREMISES Building T-310: Building area 33,696 sq. ft. @ $.375 per sq. ft. per year ($12,636.00 annually). Adjacent Land Area 50,096 sq. ft. @ $-071 per sq. ft. per year ($3,556.82 annually). Additianal Land Area 1,620 sq. ft. @ $.071 per sq. ft. per year ($115.02 annually). The above described building and International Airport, Lubbock County, described an Exhibits A and B attached part hereof. B. 'PURPOSE land are located at the Lubbock Texas, and are more specifically hereto and by this reference made Lessee may use the Building Area and Adjacent Land Area described in Paragraph A above as follows: 1. Lessee may engage in the business of aeronautics, engine and aircraft repairs, modifications, sales and renting of aircraft, sales of aircraft engine parts and accessories, inspections, licensing, fabrication of aircraft components, flight instruction, storage of aircraft and equipment, airplane charter flights and local short flights, and may operate at the Lubbock International Airport as a Fixed Base Operator. 2. Lessee may give flying instructions, provide pilots for planes for others, and carry passengers and freight for hire, subject to all appropriate laws of the Federal Government, the State of Texas, the County of Lubbock, Texas, and the requirements of all duly authorized governmental agencies. 3. Lessee shall have a nonexclusive right to sell aviation fuel, oil and other propellants or lubricants to the general public at the Airport. Lessee shall use the 1,620 square feet of Additional Land Area referred to in Paragraph A above as the site for an underground fuel storage tank. Such site is approximately 36 feet by 45 feet and is situated approximately 75 feet North and 10 feet West of Building T-310 and adjacent to the East ramp of the Lubbock International Airport, as shown on Exhiibit B attached hereto, ARTICLE It A. The term of this Agreement shall be three (3) years and commence on the 1st day of November, 1989, and end on the 31st day of October, 1992. B. The parties hereto mutually agree that during the term of this Agreement, the rental rates will be adjusted upward or downward for each ensuing year beginning January 1, 1990, in direct proportion to the fluctuation in the U. S. Department of Labor, Bureau of Labor Statistics Consumer Price Index (CPI). Any adjustment to the rental rates on January 1, 1.990, resulting from changes in the CPI shall be determined by calculating the increase or decrease in the CPI between January 1, 1989, and December 31, 1989. C. NATIONAL EMERGENCY In the event the rights and privileges hereunder are suspended by reason of war or other national emergency, the term of this Lease shall be extended by the amount of the period of such suspension. October 24, 1989 Page 851 ARTICLE III 1:1N►IF:1W:1LINE AN161 In consideration of the rights and privileges herein granted, Lessee shall pay to the Lessor the following rentals and fees: A. A fuel flowage fee of four cents (40) per gallon for each gallon of aviation fuel delivered to Lessee or its agents at Lubbock International Airport, excluding that sold or delivered by Lessee to a regularly certified airline under contract with Lessor as a part of the pecuniary consideration herefor. Lesser shall be entitled to collect, and Lessee agrees to pay, a fuel flowage fee, as determined by Lessor from time to time, for each gallon of aviation fuel delivered for Lessee's consumption on said Airport, excepting that portion which is specifically excluded, unless said flowage fees are paid by the supplier on behalf of Lessee. The aforesaid flowage fees, if not paid by the supplier, shall be due on the first (1st) day of the month succeeding that in which the aircraft fuels and lubricants are received by Lessee, and shall be delinquent if unpaid before the fifteenth (15) day of each month. It is understood and agreed that the total gallonage delivered to or purchased by Lessee, other than gasoline delivered to regularly scheduled airlines operating under contract with Lessor, may be reduced by an amount not to exceed two (2%) per centum in computing charges as a maximum loss allowance from any and all causes. 8. Ground rental in the amount of THREE THOUSAND SIX HUNDRED SEVENTY-ONE AND 84/I00 DOLLARS ($3,571.84) per year for gross land area of 51,716 square feet described in Article 1, Paragraph A hereof and shown on Exhibits A and B hereto, which rental is computed at a rate of $.071 per square foot per year; such ground rental shall be paid monthly in advance an the first (1st) day of each month in the amount of THREE HUNDRED FIVE AND 99/100 DOLLARS ($305.99) per month, which is a sum is approximately equal to one -twelfth (1/12) of the annual ground rental due hereunder. C. Building rental in the amount of TWELVE THOUSAND SIX HUNDRED THIRTY-SIX AND N4/100 DOLLARS ($12,636.00) per year for Building T-310, which rental is computed at a rate of $.375 per square foot per year; such building rental shall be payable in advance on the first (1st) day of each month in the amount of ONE THOUSAND FIFTY-THREE AND NO/100 DOLLARS ($1,053.00) per month, which sum is approximately equal to one -twelfth (1/12) of said annual building rental due hereunder. D. TWO THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($2,500.00) is the established annual Fixed Base Operator's fee; however, other applicable ground and building rentals and fuel flowage fees may be applied to satisfy the requirements of the Fixed Base Operator fee. Amounts payable under this Agreement shall be paid as follows: Monthly payments for ground and building rents effective with the execution of this Agreement are payable in advance on the first (1st) day of each month. Monthly payments for fuel flowage fees effective with the execution of this Agreement are payable on the first (Ist) day of the month succeeding that in which the aircraft fuels and lubricants are received by Lessee. Operators whose payment for ground and building rentals and fuel flowage fees do not satisfy the minimum Fixed Base Operator's fee will pay a Monthly pro rata amount of TWO HUNDRED EIGHT AND 34/100 DOLLARS ($208.34) payable in advance on the first (1st) day of each month. October 24, 1989 Page 852 E. In order to provide reliable access to the leased premises, Lessee herein agrees to construct or contact for the construction of an asphalt overlay at a location designated by and in accordance with standards established by the Director of Aviation of Lessor, and Lessor herein agrees to exchange for such construction to reduce the total amount of rentals due from Lessee each of the first ten (10) months that this Agreement is in effect by the sum of NINE HUNDRED AND HO1I00 DOLLARS ($900.00) per month. ARTICLE IV OBLIGATIDNS AND RIGHTS OF LESSEE A. ASSIGNMENT, TRANSFER. PLEDGE Lessee shall not at any time assign, transfer, pledge or otherwise alienate this Agreement or any interest herein without the prior written consent of the Director of Aviation of Lessor. B, SUBLEASING Lessee shall not sublease all or any part of the premises leased hereunder without the specific written approval of the Director of Aviation of Lessor, such approval not to be unreasonably withheld. C. TAXES AND ASSESSMENTS Lessee agrees to pay promptly when due all taxes and assessments levied on the Leased Premises and any other taxes and assessments in connection with its business which may be levied, and will promptly pay when due all charges for water, electricity and any other utilities used in connection with Lessee's operations conducted pursuant to this Agreement. D. NONDISCRIMINATION Lessee, its agents and employees will not discriminate against any person or class of persons by reason of race, color, sex, age, religion or national origin in providing any service or in the use of any of its facilities provided for the public, in any manner prohibited by Part I5 of the Federal Aviation Regulations. Lessee further agrees to comply with such enforcement procedures as the United States might demand that the Lessor take in order to comply with the Sponsor's Assurances. Lessee also agrees to not discriminate against any employee or applicant for employment because of race, color, sex, age, religion or national origin. Lessee further agrees to take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, sex, age, religion or national origin. Such action shall include, but not be limited to employment, upgrading, demotion, transfer, recruitment, layoff, rates of pay or other forms of compensation and selection for training, including apprenticeship, Lessee will conduct its activities and operate its facilities in accordance with the requirements of Section 504 of the Rehabilitation Act of 1973 and will assure that no qualified handicapped person shall, solely by reason of his or her handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination, including discrimination in employment, under any program or activity of the Lessee. E. PUBLIC BENEFIT Lessee agrees to operate the Leased Premises for the use and benefit of the public, and Lessee further agrees: 1. To furnish good, prompt and efficient services adequate to meet all the demands for its services at the Airport; October 24, 1989 Page 853 2. To furnish said services on a fair, equal and nondiscriminatory basis to all users thereof; and 3. To charge fair, reasonable and nondiscriminatory prices for each unit of sale or service, provided that the Lessee may be allowed to make reasonable nondiscriminatory discounts, rebates or other similar types of price reductions for volume purchases. - F. NONEXCLUSIVE It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308(a) of the Civil Aeronautics Act. G. DEVELOPMENT OF AIRPORT Lessee agrees that Lessor has the right to further develop or improve the Airport as Lessor sees fit, regardless of the desires or views of the Lessee, and without interference or hindrance. H. RIGHTS- OF OTHERS It is clearly understood by the Lessee that no right or privilege has been granted which would operate to prevent any person, firm or corporation operating aircraft on the Airport from performing any services on its own aircraft with its own regular employees (including, but not limited to, maintenance and repair) that such person, firm, or corporation may choose to perform. I. OPERATION OF AIRCRAFT COMPLIANCE WITH RULES AND REGULATIONS Lessee agrees to operate and conduct its business, including but not limited to the operation of aircraft and the occupancy of said Leased Premises, at all times in compliance with applicable federal, state and local rules and regulations and in compliance with all applicable statutes, ordinances, rules and regulations affecting the use, occupancy and operation of the Leased Premises and Airport. Lessee further agrees that in the event that a civil penalty or fine is assessed against the Airport or Lessor as a result of Lessee's failure to comply or act in accordance with said rules, regulations, statutes and ordinances, Lessee shall immediately reimburse the Airport or Lessor the full amount of the penalty or fine and correct the failure, act or omission leading to, causing or contributing to the violation. J. PUBLIC LIABILITY INSURANCE For the protection of Lessor, Lessee will carry and maintain Public Liability Insurance in companies licensed to do business in the State of Texas, naming Lessor as an insured and insuring against all claims, losses, costs and expense arising out of injuries to persons whether or not employed by the Lessee, damage to property whether resulting from acts or omissions, negligence or otherwise of the Lessee or any of his agents, employees, patrons or other persons, and growing out of the use of the said Airport premises by Lessee, such policies to provide for a liability limit on account of each accident resulting in bodily injury or death to one person of not less than ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00), a liability limit on account of each accident resulting in bodily ilnjury or death to more than one person of not less than THREE HUNDRED THOUSAND AND NO/100 DOLLARS ($300,000.00), and a liability limit of not less than ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00) for each accident for property damage. Said policies shall be so worded as to insure ten (10) days notice to the Lessor of cancellation or any modification of such policies. Said policies shall also be subject to the approval of Lessor. October 24, 1989 Page 854 K. HAZARD INSURANCE Lessee shall procure from a company authorized to do business in the State of Texas and keep in force at all times for the term of this Lease hazard and extended coverage insurance upon the building located on the Leased Premises to eighty percent (80%) of the full insurable value thereof. The value of said Building T-310 is hereby stipulated to be equal to one -hundred times one -twelfth of the annual rental for said building or 100 x $1,053.00 = $105,300.00. Lessee shall furnish Lessor with evidence that such coverage has been procured and is being maintained. L. INSPECTION OF BOOKS AND RECORDS Lessee shall maintain complete books and records of all transactions, sales and income resulting from its operations at Lubbock International Airport, which books and records may be inspected at any time by Lessor or its duly authorized representatives at Lubbock, Texas, upon reasonable notice to Lessee. In the event Lessee requests such inspection to be performed outside the Lubbock area, such request may be honored at Lessor's discretion; however, any and all expenses incurred by so doing shall be reimbursed by the Lessee. Lessee agrees to furnish facts and figures necessary to determine the amount to be paid Lessor, together with a fiscal -year-end signed statement certified by a Certified Public Accountant that said figures are correct and properly stated. M. CONDITION OF PREMISES: INSPECTION Lessee agrees that the Leased Premises will be kept clean and free of all debris and other waste matter. Lessor shall have the right at all reasonable times to enter upon the Leased Premises for the purposes of inspecting the same. N. KAINTENANCE Lessee shall, at its sole cost and expense, maintain the Leased Premises, and the buildings, improvements and appurtenances thereto, in a presentable condition consistent with good business practice. Lessee shall repair all damages to said Leased Premises caused by his employees, patrons or its operations thereon; shall maintain and repair all equipment thereon, including any drainage installations, paving, curbs, islands, buildings and improvements; and shall mow the grass and control the weeds on the Leased Premises as necessary to maintain a clean and attractive appearance. Lessor shall be the sole judge of the quality of maintenance, and upon written notice by Lessor to Lessee, Lessee shall be required to perform whatever maintenance to the Leased Premises that Lessor deems necessary. If said maintenance is not undertaken by Lessee within twenty (20) days after receipt of written notice, Lessor shall have the right to enter upon the Leased Premises and perform the necessary maintenance, the cost of which shall be borne by Lessee. 0. UTILITIES Lessee shall have the right to connect to any and all storm and sanitary sewers and water and utility outlets (including metering devices) at its own cost and expense; and Lessee shall pay for any and all service charges incurred therefor. P. TRASH, GARAGE, REFUSE, ETC. Lessee shall provide a complete and proper arrangement for the adequate sanitary handling and disposal, away from the Airport, of all trash, garbage and other refuse resulting from the operation of its business on the Leased Premises. Q. ADVERTISING Lessee may not erect or cause to be erected on the Leased Premises any billboards or advertising signs without the prior written consent of the Director of Aviation of Lessor. October 24, 1989 Page 855 R. INDEMNITY Lessee agrees to hold the Lessor free and harmless from loss from each and every claim and demand of whatsoever nature made on behalf of or by any person or persons and resulting from Lessee's operations and/or use of the Leased Premises and common areas owned by Lessor and used by the Lessee, its agents, servants and employees, and from all losses and damages by reason of negligence of the Lessee, its agents, servants and employees. S. USE OF AIRPORT During the term of this Lease, Lessee and its tenants shall have the free and nonexclusive use, in common with others at the Airport, of all runways, ramps, parking areas and any and all public facilities available at the Airport, and the right of ingress to and egress from the above described premises, which right shall extend to Lessee's customers, employees, guests, invitees, tenants and patrons. If during the term of this Agreement, the use of the Airport by Lessee or its tenants is temporarily suspended, restricted or interfered with for a period of ten (10) days or more for reasons beyond the practical control of the Lessor, in such a manner as to substantially affect the use of the Leased Premises or operation of aircraft by Lessee or its tenants, all fees during such period shall abate and the term of this Agreement shall, at the election of Lessee, be extended for an equivalent period of time. T. WORKERS' COMPENSATION Lessee shall furnish to Lessor satisfactory evidence that Lessee carries Workers' Compensation Insurance in accordance with the laws of the State of Texas. U. IMPROVEMENTS Lessee shall not make, permit or suffer any additions, improvements or alterations to the Leased Premises which constitute any major structural change or changes without first submitting plans and specifications for such additions, improvements or alterations to the Director of Aviation of the City of Lubbock and securing prior written consent of the Director of Aviation. Any such additions, improvements or alterations made with the consent of the Director of Aviation shall be solely at the expense of the Lessee and, unless such consent provides specifically that title to the additions or improvements so made shall vest in the Lessee, title thereto shall at all times remain in Lessor, and such additions or improvements shall be subject to a1T of the terms and conditions of this Agreement. The Lessee agrees to hold the Lessor harmless from Mechanic's and Materialman's Liens arising from any construction, additions, improvements, repairs or alterations effected by the Lessee. V. PARKING Lessee shall at its sole cost and expense construct adequate and suitable pavement areas for use by its customers for parking of aircraft and automobile parking for its employees, patrons, guests and invitees. W. VEHICULAR MOVEMENT Except for specifically authorized vehicles, Lessee will not permit the driving of vehicles by its employees, customers, guests or invitees on the apron, taxiways or runways. X. SECURITY Lessee agrees to control all access to the air operations area (AOA) through its leased area and through gates assigned to or controlled in whole or in part by Lessee so as to prevent unauthorized entry to the airfield by persons, animals or vehicles. In the event that unauthorized access to the AOA is gained through the Leased Premises or any area which October 24, 1989 Page 856 Lessee controls or is obligated to control either by itself or jointly with other Airport lessees, any fines or penalties assessed by the Federal Aviation Administration shall be the responsibility of the Lessee and Lessee hereby agrees to pay all such fines or penalties without delay and make any and all requested changes in its operations or facilities necessary to maintain Airport security and prevent reoccurrence of any unauthorized entry. ARTICLE V OBLIGATIONS AND RIGHTS OF LESSOR A. SAFETY Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction, together with the right to prevent Lessee from erecting or permitting to be erected any building or other structure on or off the Airport which, in the opinion of Lessor, would limit the usefulness of the Airport or constitute a hazard to aircraft. B. MAINTENANCE OF PUBLIC AREA Lessor reserves the right (but shall not be obligated) to maintain and keelp in repair the larding area of the Airport and all publicly -owned facilities of the Airport, together with the right to direct and control all activities of Lessee in this regard. C. STANDARDS Lessor reserves the right to establish standards for the construction, maintenance, alterations, repairs, additions and improvements to Lessee's facilities. This will include structural design, color, materials used, landscaping and maintenance of Lessee's facilities and Leased Premises. D. RULES: REGULATIONS AND PROCEDURES Lessor reserves the right to issue through the Director of Aviation such rules, regulations and procedures for activities and operations conducted on the Airport as deemed necessary to protect and preserve the safety, security and welfare of the Airport and all persons, property and facilities located thereon. ARTICLE VI TERMINATION A. TERMINATION BY LESSEE This Agreement shall be subject to cancellation by Lessee, without further liability to Lessor, in the event of the happening of any one or more of the following contingencies: 1. The permanent abandonment of the Airport as an air terminal. 2. The issuance by any court of competent jurisdiction of an injunction in any way preventing or restraining the use of the Airport for a period of thirty (30) days or more. 3. The breach by Lessor of any of the terms, covenants or conditions of this Agreement to be kept, performed and observed by Lessor, and the failure of Lessor to remedy such breach for a period of sixty (60) days after written notice from the Lessee of the existence of such breach. October 24, 1989 Page 857 4. The assumption by the United States Government, or any authorized agency of same, of the operation, control or use of the Airport and its facilities in such a manner as to substantially restrict the Lessee from operating its Fixed Base Operator facilities for a period of three (3) months or more. B. TERMINATION BY LESSOR This Agreement shall be subject to cancellation by Lessor without further liability to Lessee, in the event of the happening of any one or more of the following contingencies: 1. If the Lessee makes an assignment for the benefit of creditors; or files a voluntary petition of bankruptcy; or if proceedings in bankruptcy shall be instituted against Lessee and Lessee is thereafter adjudicated as bankrupt pursuant to such proceedings; or if a court shall -take jurisdiction of Lessee and its assets pursuant to proceedings brought under the provisions of any federal reorganization act; or if a receiver for Lessee's assets is appointed; or if Lessee petitions or applies to any tribunal for the appointment of a trustee or receiver for Lessee under any bankruptcy, reorganization arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect. 2. If the Lessee shall abandon and discontinue the conduct and operation of said Fixed Base Operations. 3. If the Lessee shall default in or fail to make any payments at the time and in the amounts required of Lessee under this Agreement. 4. If the Lessee shall fail to perform, keep and observe all of the covenants and conditions contained in this Agreement to be performed, kept and observed by Lessee. 5. If the Lessee shall fail to abide by all applicable laws, ordinances, rules and regulations of the United States, State of Texas, City of Lubbock or Director of Aviation of the City of Lubbock. Lessor shall give written notice to Lessee to correct or cure any such default, failure to perform or breach and if, within thirty (30) days from the date of such notice, the default, failure to perform or breach complained of shall not have been corrected in a manner satisfactory to Lessor, then and in such event Lessor shall have the right, at once and without further notice to Lessee, to declare this Agreement terminated and to enter upon and take full possession of the Leased Premises and, provided further;, that upon the happening of any one or more of the contingencies enumerated in Article VI, Section B, numbered Paragraph 1 hereof, this Agreement shall be deemed to be breached by Lessee and thereupon "ipso facto," and without entry or any other action by Lessor, this Agreement shall terminate, and be reinstated only if such involuntary bankruptcy or insolvency proceedings, petition for reorganization, trusteeship, receivership or other legal act divesting Lessee of its rights under this Agreement shall be denied, set aside, vacated or terminated in Lessee's favor within thirty (30) days from the happening of the contingencies. Upon the happening of said latter events, this Agreement shall be reinstated as if there had been no breach occasioned by the happening of said contingencies, provided that Lessee shall, within ten (10) days after the final denial, vacating or setting aside of such petition or vacating, terminating or setting aside of such appointment, pay or discharge any and all sums of money which may have become due under this Agreement in the interim and remain unpaid, and shall likewise fully perform and discharge all other obligations which may have accrued and become payable in the interim. October 24, 1989 Page 858 The acceptance of rentals and fees by Lessor for any period or periods after a default of any of the terms, covenants or conditions herein contained and to be performed, kept and observed by Lessee shall not be deemed a waiver of any rights on the part of Lessor to cancel this Agreement for failure by Lessee to so perform, keep and observe any of the terms, covenants or conditions hereof to be performed, kept and observed. No waiver by Lessor of any of the terms of this Agreement to be kept, performed and observed by the Lessee shall be construed to be or act as a waiver by Lessor of any subsequent default by the Lessee. Within ninety (90) days after expiration of this Agreement as herein provided, the Lessee shall remove all improvements constructed or placed on the Leased Premises such as buildings, equipment, goods, chattels and fixtures belonging to Lessee and restore the Leased Premises to the condition in which they were received, reasonable wear and tear and damage by fire or the elements excepted. In the event of the failure on the part of Lessee to immediately remove from the Leased Premises all property owned by Lessee under the requirements set forth in this paragraph, Lessor may effect such removal and store such property at Lessee's expense. Lessee covenants and agrees to pay all reasonable costs, attorneys' fees and expenses that shall be incurred by Lessor in enforcing the covenants and conditions of this Agreement. In the event the Lessee fails to pay the expenses of removal, storage and restoration within thirty (30) days, such Property will be deemed abandoned and title will vest in Lessor; however, this -in no way shall relieve the Lessee of the debt incurred. Lessee shall pay a sum equal to the rentals stipulated herein, prorated to the period of time that Lessee's property remains on the Leased Premises after the expiration of the term of this Agreement. In the event Lessor terminates this Agreement for cause, as contained herein, or if Lessee discontinues Fixed Base Operations at any time prior to expiration, Lessor shall retain ownership of Lessee's improvements to the extent of the rentals due for the then remaining term. D. This Lease shall be subordinate to existing or future agreement between the Lessor pertaiining to the operation and maintenance of ARTICLE VII NOTICE the provisions of any and the United States the Airport. Any required notice to Lessor provided for herein shall be sufficient if sent by certified mail, postage prepaid, to the Director of Aviation, Route 3, Box 389, Lubbock, Texas 79401, and any such notice to the Lessee shall be sufficient if sent in the same manner addressed to Horton Aero Service, Inc., 915 Kent, Lubbock, Texas 79403, or such other addresses as may be designated by Lessor or Lessee in writing from time to time. IN WITNESS WHEREOF, the parties have executed this Agreement this 24th day of October, I989. October 24, 1989 Page 859 LESSOR: CITY OF LUBBOCK, TEXAS BY:Is/ B. C. McMinn__. __ B. t. McMINN MAYOR ATTEST: /s/ Ranette Bovd Ranette Boyd City Secretary APPROVED AS TO CONTENT: ^vin Coffe Marvin Coffee Director of Aviation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard Assistant City Attorney LESSEE: HORTON AERO SERVICE, INC. /s/ Earl Horton, Jr....._._________ ATTEST: Secretary EXHIBIT A AND EXHIBIT B FILED WITH RESOLUTION. 89-48B-859-635 (17.) Horton Aero Service, Inc. has been an Airport tenant operating from the large hangar in the Airport East District. The Lease term is for three years, November 1, 1989 through October 31, 1992, and rental rates are a continuation of the current rental rates for the building and land with annual adjustments based on CPI as of January of each year. Special Conditions: Because of the unstable condition of the east apron during freeze and thaw cycles, it is difficult to taxi aircraft to the hangar locations. Earl Horton requested that the Airport Board that he be permitted to have a contractor install an asphalt overlay and connecting taxiway over the unstable portion at his expense for which he'd be reimbursed by rent abatement. At their September 20, 1989 regular meeting, the Airport Board unanimously recommended to City Council that Horton's Lease have provision for rent abatement of an amount not to exceed $9,000. Engineering estimates obtained by the City were considerably higher. Time was also critical because the work had to be done during the few remaining days of good construction weather this fall. This work also provides improved access to the other Aviation tenants on the last apron. Staff recommended approval. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to authorize Resolution #3231 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Enterprises,__Inc. for rent -a -car operations at Lubbock International Airport. October 24, 1989 Page 86O RESOLUTION #3232 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Lease Agreement with LOMA Enterprises, d/b/a Dollar Rent-A-Car, 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 24th day -of October, 1989. B.—C. McNipn B. C. McM1NN, MAYOR ATTEST: JsZ Ran to Royd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: MarvinCoffee Marvin Coffee, Director of Aviation THE STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT entered herein as CITY), a Home Rule Loma Enterprises (referred to APPROVED AS TO FORM: Harold Willard Harold Willard, Assistant City Attorney KNOW ALL MEN BY THESE PRESENTS: LEASE AGREEMENT into by the City of Lubbock (referred to Municipality of Lubbock County, Texas, and herein as LESSEE) of San Antonio, Texas. WITNESSETH WHEREAS, CITY owns, controls and operates the Lubbock International Airport (referred to herein as AIRPORT), situated at Route 3, Lubbock, Lubbock County, Texas, and possesses the power and authority to grant certain rights and privileges with respect thereto, including those hereinafter set forth; and WHEREAS, automobile rental services at the AIRPORT are an integral part of the necessary accommodations for ground transportation provided for passengers arriving at and departing from the AIRPORT in the promotion and development of air commerce and air transportation; and WHEREAS, LESSEE desires to make said automobile rental services available at the AIRPORT and is qualified and has the capacity to perform said services and to equip said facilities for use in connection therewith, and further desires to lease certain space and obtain certain rights and privileges with respect to the operation of a rent -a -car service at said AIRPORT upon the terms and conditions hereinafter provided; NOW THEREFORE, for and in consideration of the mutual promises, covenants, terms and conditions, both general and special, as hereinafter set forth, CITY hereby grants to LESSEE the rights and privileges hereinafter described; LESSEE agrees to accept the duties, responsibilities and obligations as herein -after set forth, and the parties hereto, for themselves, their successors and assigns, agree as follows: October 24, 1989 Page 861 ARTICLE ONE LEASE OF DESCRIBED PREMISES CITY, upon mutual execution of this agreement, does lease and demise to LESSEE upon the terms and conditions contained herein, the following premises located at the AIRPORT: A. TERMINAL - A description of this location is shown on "Exhibit A", which Exhibit is attached to this Lease Agreement and incorporated herein. B. GROUND - A description of this location, if applicable, is shown on "Exhibit B", which Exhibit is attached to this Lease Agreement and incorporated herein. C. CLOSE -IN VEHICLE PARKING AREAS - A description of these locations are shown on "Exhibit C", which Exhibit is attached to this Lease Agreement and incorporated herein. ARTICLE TWO TERM The initial term of this lease shall begin on the Ist day of November, 1989, and terminate on the 30th day of April, 1992. Upon written application of LESSEE, delivered to the office of the Director of Aviation of CITY prior to the expiration of the initial term of this lease, the Director of Aviation may extend this lease for a period of thirty (30) days upon the same terms and conditions contained herein. LESSEE may apply for as many thirty (30) day extensions of this lease as LESSEE deems necessary, which may or may not be granted by the Director of Aviation in his discretion. Any extension of this lease granted pursuant to this Article shall be in writing and signed by the LESSEE and the Director of Aviation. Notwithstanding any provision of this Article, this lease is subject to earlier termination as hereinafter provided under Article VII. ARTICLE THREE USE OF PREMISES The LESSEE is granted for the stated term and for no other purpose a non-exclusive privilege of conducting a transient automobile rental service from the leased premises. ARTICLE FOUR RENTALS, RECORDS, AUDIT AND PLACE OF PAYMENT A. RENTAL 1. Terminal: The LESSEE shall pay to the CITY as rental the following: Ten percent (10%) of LESSEE's annual gross revenue for each year or portion of a year during the term of this agreement that LESSEE conducts business operations at the AIRPORT. However, after LESSEE has conducted business operations at the AIRPORT under the terms of this agreement for one full year, LESSEE's annual gross revenue for each remaining year that this agreement is in effect shall not be more than ten percent (10%) of ninety percent (90%) of the preceding year's gross revenue, plus nine percent (9%) of the remaining ten percent (10%) of such preceding year's gross revenue, and eight percent (8%) of all gross revenue in excess of such preceding year's gross revenue. To illustrate, if LESSEE's gross October 24, 1989 Page 862 revenue for the first full year that this agreement is in effect is $500,000, rental would be calculated as follows: 10% of $500,000 = $50,000 If LESSEE's gross revenue for the second year that this agreement is in effect is $600,000, rental would be calculated as follows: 10% of (90% of $500,000) = $45,000 9% of (10% of $500,000) = $ 4,500 8% of ($600,000 - $500,000) - S 8,000 Total = $57,500 Notwithstanding the above language, in no event will the annual rental for this lease be less than forty thousand ($40,000) dollars. During the first year that this agreement is in effect, the above rental is payable month by month at a rate of ten percent (10%) of the preceding month's gross revenue. After this agreement has been in effect for one full year, the above rental is payable month by month at a rate of ten percent (10%) of the .preceding month's gross revenue, or nine percent (9%) of the preceding month's grass revenue when LESSEE's gross revenue for the year has exceeded ninety percent (90%p) of the preceding year's gross revenue, or eight percent (8%) of the preceding month's gross revenue when LESSEE's gross revenue for the year has exceeded the preceding year's total gross revenue. The monthly rental payments are due on or before the 20th day of each month and are to be accompanied by a verified statement showing the preceding month's gross revenue. Notwithstanding the above language, LESSEE's obligation to pay rental to the CITY pursuant to any provision contained in Section Al of this Article shall not became effective until the expiration of ninety (90) days following the date this agreement is executed or whenever LESSEE has beneficial occupancy of the leased premises, whichever occurs first. It is mutually agreed that LESSEE shall be deemed to have beneficial occupancy of the leased premises at such time as LESSEE begins providing automobile rental services to airline passengers arriving at or departing from the AIRPORT. The purpose of this paragraph is to afford LESSEE a reasonable amount of time (not to exceed 90 days) in which to construct a counter area and begin operations. For determining the rental due the CITY, gross revenue shall include but not be limited to the following: (1) All revenues received as mileage charges for rental of automobiles, trucks or other vehicles. (2) Charges for insurance policies sold customers, as well as any charges made to customers for insurance deductible waiver features. (3) Sales of fuel and oil. (4) All inter -city or drop fees. (5) All other revenues derived from business operations at the AIRPORT other than proceeds from the sale of cars used in such business operations and payments received from customers for damages to automobiles while rented or for emergency repairs made by the customers. 2. Ground lease (Service Facility): The LESSEE shall pay to the CITY rentals for a ground lease on an area to be used as a service facility and consisting of 20,000 square feet of exclusive lease area, as shown on Exhibit "8", at the rate of $.0067416 per sq. ft. per month. LESSEE shall, within one year of the date this agreement is executed, construct a service facility at such location approved by the Director of Aviation of CITY and comparable in size and quality to existing service facilities at the AIRPORT. October 24, 1989 Page 863 3. Close -in vehicle parking areas (Ready and Return Car Areas): For each month that this lease is in effect, the LESSEE shall pay to the CITY in advance the sum of SEVEN ($7.00) DOLLARS per space per month for nineteen (19) allocated parking spaces, as shown on Exhibit "C", and LESSEE herein agrees, at its own expense, to make whatever modifications to the long-term parking area at the AIRPORT that the Director of Aviation reasonably deems necessary in order to provide LESSEE with such allocated parking spaces. Payment for such allocated spaces must be received by the CITY on or before the loth day of each and every month during the term of this lease. 4. Counter area; LESSEE shall be provided space for a counter area as shown on Exhibit "A", but any costs incurred in modifying this area shall be the sole responsibility of LESSEE. Any such modifications are also subject to the approval of the Director of Aviation of CITY, whose approval shall not be unreasonably withheld. B. LESSEE'S ABATEMENT RIGHTS In the event that one or more of the following conditions exist during the term hereof, the minimum annual guaranteed rental hereinabove provided for shall be abated for the period of time the condition or conditions continue to exist: 1. If, for any reason, the number of passengers deplaning on scheduled airline flights at the AIRPORT during any period of thirty (30) or more consecutive days shall be lower than 85/, of the number of such deplaning passengers for the same period of the immediately preceding contract year or of the year immediately preceding the first contract year. 2. If the operation of LESSEE'S car rental business at the AIRPORT through no fault of LESSEE is adversely affected by shortages or other disruptions in the supply of automobiles, gasoline or other goods necessary for the operation therefore, and there is a material diminution in LESSEE'S gross revenues hereunder for a period of thirty (30) or more consecutive days attributable to such shortages or other disruptions. During the period of the abatement, LESSEE will continue to pay to the CITY the monthly rentals which are based on gross revenues and the CITY will return to LESSEE a just proportion of any minimum annual guarantee payment which may have been prepaid. In the event any of the above conditions continue for a period in excess of six (6) months, LESSEE shall have the right to terminate this agreement. C. MOST FAVORED NATIONS CLAUSE In the event that any contract granted by the CITY to any other similarlly situated automobile rental concessionaire shall contain any terms more favorable to such concessionaire than the terms herein granted (other than counter location), then, at the option of LESSEE herein, this Agreement shall be amended to include such more favorable terms and any offsetting burdens that may be imposed on any such other concessionaire. The intent of this provision is to insure that LESSEE will be able to compete on terms as equal as possible with any additional concessionaire and to unsure that no other concessionaire shall enjoy any rights, profits or other conditions more favorable to such concessionaire than those enjoyed by the LESSEE herein. However, any automobile rental concessiionaire which did not conduct business operations at the AIRPORT for at least: one full year immediately prior to executing this agreement or a similar agreement shall not be considered similarly situated as concessionaires which have conducted such business operations during such time. October 24, 1989 Page 854 D. RECORDS The LESSEE, following accepted accounting practices and procedures, will maintain true and accurate books, records and receipts which will show all of the gross revenue of all business transacted upon and within the AIRPORT. Within 30 days of the end of the initial term of this lease, and when otherwise necessary, LESSEE shall submit to the CITY a verified statement of its gross revenue for each year during the term of this lease in which Lessee conducted business operations at the AIRPORT. Such statement shall be certified by LESSEE's financial officer and shall be accompanied by LESSEE's payment of any remaining sums due the City for such business operations. In the event LESSEE's prior payments to the CITY exceed the amount required by this agreement, the CITY shall reimburse LESSEE with an amount equal to the difference between the sum required and the sum paid. E. AUDIT All books, records and receipts of all business transacted upon and within the AIRPORT will be kept or maintained at the AIRPORT or other place acceptable to the CITY OF LUBBOCK'S auditor, and will be available for inspection and examination during regular office hours by the CITY OF LUBBOCK'S auditor or authorized representatives of the CITY. For the purposes of determining the accuracy of the required statements of gross revenue, the CITY OF LUBBOCK'S auditor may authorize the making of a spot test audit and base the findings for an entire period upon such audit, provided that the audit shall include at least twenty-five percent (25%) of the total time of the period audited. In addition, the CITY OF LUBBOCK'S auditor shall have the right at any time during the term of this lease to authorize an audit of LESSEE's records pertaining to its business operations at the AIRPORT. Such audits shall be undertaken by a reputable firm of independent Certified Public Accountants satisfactory to the CITY. The cost of such audit shall be borne one-half by LESSEE and one-half by the CITY, unless results of the audit reveal a discrepancy of more than five percent (57*) between gross revenue reported in accordance with Section B of this Article and gross revenue as determined by audit. In case of a discrepancy of more than five percent (5%) in favor of the LESSEE, the full cost of the audit shall be borne by the LESSEE. F. PAYMENT All payments that become due and payable by the LESSEE shall be made to the CITY OF LUBBOCK at the Office of the Director of Aviation, Lubbock International Airport, Lubbock, Texas. G. BREACH Any action taken by the LESSEE to induce its patrons or patrons of other car rental concessionaires at the AIRPORT to rent or receive vehicles in such a manner and at such places so as to diminish the gross revenue of car rental concessions under this agreement shall constitute a material breach hereof and a cause for the termination of this agreement by the CITY. ARJICLE FIVE OBLIGATIONS OF THE CITY A. CLEAR TITLE The CITY covenants and agrees that at and until the granting and delivery of this lease it is well seized of the leased premises and has good title, free and clear of all liens and encumbrances having priority over this lease; and that the CITY has full right and authority to lease the premises described in this contract. October 24, 1989 Page 855 B. MAINTENANCE OF AIRPORT The CITY covenants and agrees that it will during the period of this agreement operate and maintain the AIRPORT as a public facility consistent with and pursuant to the Assurances given by the CITY OF LUBBOCK to the United States Government under the Federal Airport Act. C. CONDITIONS AND MAINTENANCE OF PREMISES The CITY shall assume no responsibility as to the condition of the leased premises and shall not assume responsibility for maintenance, upkeep or repair necessary to keep the premises in a safe and serviceable condition. The CITY shall maintain roads, which may be relocated, on the AIRPORT access to the leased premises in a good and adequate condition for use by cars and trucks. ARTICLE SIX OBLIGATIONS OF LESSEE A. NET LEASE This lease shall be without cost to the CITY for the development, maintenance and improvement of the leased premises. It shall be the sole responsibility of the LESSEE to keep, maintain, repair and operate the entirety of the demised premises, and all improvements and facilities placed on the leased premises shall be at LESSEE's sole cost and expense. B. PRIVILEGES AND CONDITIONS The CITY grants to the LESSEE the following general privileges, uses and rights, all of which are subject to the terms, conditions and covenants herein set forth and all of which shall be non-exclusive on the AIRPORT: 1. The general use of all common terminal facilities and improvements which are now or may hereafter be connected with or appurtenant to the terminal building only in such a manner as may be necessary or convenient to the conduct of LESSEE's business. 2. The right of ingress to and egress from the leased premises over and across common or public roadways serving the AIRPORT for LESSEE, its agents, employees, patrons, invitees, suppliers of service and furnishers of materials, such right of ingress and egress being subject to such ordinances, rules and regulations now existing or subsequently promulgated. 3. The LESSEE herein agrees to construct improvements within the AIRPORT upon the leased premises as follows: (1) Terminal: Concession Counter (2) Grounds: Vehicle service building and vehicle storage area The LESSEE shall have the right to and shall provide for the location, construction, alteration, extension and erection of new or existing improvements, maintenance and removal of improve -meets, in any lawful manner, upon the leased premises, for the purpose of conducting an automobile rental service, provided that all plans and specifications for the construction, alteration, extension and erection of facilities and improvements, including landscaping, shall be in compliance with all laws, policies and ordinances of the CITY OF LUBBOCK and shall require the written approval of the Director of Aviation before any construction or installation may be undertaken. October 24, 1989 Page 866 4. The right to sell used rental vehicles with the following restrictions: (1) Only those vehicles used at the AIRPORT may be sold there. All signs used in connection with the sale of such vehicles shall be approved by the Director of Aviation. (2) The sale of such vehicles on AIRPORT premises shall be restricted to tESSEE's vehicle service area as shown in Exhibit RB". C. MAINTENANCE 1. The LESSEE shall, at its own expense, provide jani-torial and custodial services for all its leased premises. Said services may be provided by LESSEE alone or by LESSEE in conjunction with other tenants who are now or who may hereafter be LESSEES at the AIRPORT. 2. The LESSEE accepts the leased premises in their present condition and shall, at its sole cost and expense, maintain the leased premises, grounds, fences, buildings, improvements and appurtenances at all times in a clean and presentable condition free of trash, debris and weeds and consistent with good business practice and equal in appearance and character to similar improvements in the terminal building and parking and service area., The LESSEE shall repair all damage to the leased premises and CITY -owned property caused by its employees, patrons or its operations upon the AIRPORT. The CITY shall be the sole judge of the quality of maintenance, and upon written notice from the Director of Aviation, the LESSEE shall be required to perform such maintenance as the CITY deems necessary. Failure by LESSEE to comply within thirty (30) days following receipt of such written notice from the Director of Aviation shall give the CITY the right to enter upon the leased premises and perform the necessary maintenance, the cost of which shall be borne by the LESSEE. D. PROPERTY PERMANENTLY AFFIXED TO PREMISES Any property belonging to LESSEE which becomes permanently attached to the premises shall become the property of the CITY upon termination of this agreement, whether upon expiration of the initial term, any extension thereof, or earlier under any provision of this lease agreement, except the following named improvements shall be treated in the manner described: 1. Paving, fencing, fuel storage tanks and fuel lines shall be amortized over a period of ten (10) years. In the event that the LESSEE herein is succeeded by another operator at the end of the initial term of this lease, or any extension thereof, the new operator shall purchase the above named improvements from the LESSEE by paying LESSEE the value of the remaining unamortized portion; otherwise, such improvements shall become the property of the CITY. 2. Service buildings constructed by LESSEE remain the property of LESSEE. However, in the event LESSEE is succeeded by another operator at the end of the initial term of this lease, or any extension thereof, the new operator and LESSEE should negotiate for the purchase of such service buildings. If the two parties are unable to agree on the purchase price, each party shall designate an appraiser who shall appraise the buildings along with a third appraiser according to their fair market value. The average of the three appraisals shall be binding as the agreed price of the property. If for some reason the LESSEE terminates its operations, the CITY has the first right of refusal to purchase at the fair market value. E. REMOVAL OF LESSEE'S PROPERTY The LESSEE shall have the right, within fifteen (15) days after the termination of this lease, whether such termination comes upon expiration of the initial term, any extension or otherwise under any provision of this lease, to remove from the premises all of LESSEE's furnitures, fixtures, equipment and furnishings which have not become the property of the CITY, but LESSEE shall restore the premises to their original condition, normal wear and tear excepted, provided the CITY shall have a lien on all of October 24, 1989 Page 867 LESSEE's property to secure any unpaid rental or other charge due the CITY; and LESSEE's right to remove property from the premises is conditioned upon all amounts due the CITY from LESSEE having been paid in full. Unless a renewal agreement is executed, property left on the premises after thirty (30) days from the date of termination of this agreement shall be deemed abandoned and will become the property of the CITY, and may be disposed of as the CITY sees fit, without any liability to the LESSEE to account for the proceeds of any sale; and the CITY, at its option, may charge rent from termination of the agreement through the day of final removal of the property, or of notification to the LESSEE of the abandonment of the property and taking by the CITY, as the case may be, which rent shall not be less than the total dollar amount of the fixed rent and the minimum guarantee required to be paid by the LESSEE to the CITY. F. PARKING The Director of Aviation shall allocate nineteen (19) parking spaces in the Ready and Return Car Area of the AIRPORT to LESSEE, as shown on Exhibit "C". LESSEE agrees to confine its automobile parking to the parking spaces allocated to LESSEE. No additional parking area has been provided (except in exclusive leased service area) for the parking of LESSEE's vehicles, and LESSEE is prohibited from parking its vehicles on any of the curbs or entrance roads to the terminal area. Vehicles parked in the AIRPORT's paid parking lot area shall accrue charges in accordance with current parking rates, and the CITY has no obligation to detect or report LESSEE's vehicles so parked. G. STANDARD OF SERVICE The LESSEE shall conduct a first class automobile rental service, providing adequate service at all times to meet the demands for such service at the AIRPORT. The LESSEE agrees to conduct its business in a proper and courteous manner and to furnish prompt and efficient service, making available to the public clean, late -model, low -mileage automobiles in goad mechanical condition. 'The LESSEE agrees to charge fair, reasonable and non-discriminatory rates and charges for the rental of vehicles, however, the LESSEE may make reasonable and non-discriminatory discounts, rebates or other similar types of price reductions to volume customers. H. BUSINESS SOLICITATIONS All of LESSEE's business operations and solicitations will be confined to the leased premises. LESSEE agrees to have its own employees in attendance at the counter during all hours of scheduled airline operations. I. ADVERTISING The LESSEE will erect no signs and will distribute no advertising in the AIRPORT or on AIRPORT property without the prior written consent of the Director of Aviation. J. UTILITIES The LESSEE shall assume and pay for all costs or charges for metered utility services furnished LESSEE during the initial term hereof, and any subsequent extension; provided that LESSEE shall have the right to connect to any storm and sanitary sewers and water and utility outlets, the cost of usage extension, installation and meters, where required, to be borne by the LESSEE. K. PAYMENT OF TAXES, FEES The LESSEE shall pay all federal, state and local government taxes, license fees and occupation taxes levied on the business conducted on the leased premises, or on any of LESSEE's property used in connection therewith. The LESSEE shall render for taxation purposes all automobiles and other property used in connection with the business on the AIRPORT, and October 24, 1989 Page 868 all such property shall have its sites and domicile in Lubbock, Lubbock County, Texas. Taxation is subject to legal protest in accordance with the provisions of the taxing authority whose levy is questioned. Any protest is at the sole expense of LESSEE. delinquency in payment of such obligations after any protest has been settled shall, at the option of the CITY, be cause for termination of this lease. L. REGULATIONS The LESSEE's officers, agents, employees and servants will obey all rules and regulations which may be promulgated by the CITY or its authorized agents in charge of the AIRPORT, or by other lawful authority, to insure the safe and orderly conduct of operations and traffic on the AIRPORT. M. PROHIBITION OF SUBLEASES AND ASSIGNMENTS The LESSEE will not directly or indirectly assign, sublet, sell, hypothecate or otherwise transfer this lease or any portion of the leased premises, without the prior written consent of the Director of Aviation. N. REMOVAL OF TRASH LESSEE shall at is sole expense provide the complete and adequate sanitary handling and disposal, away from the AIRPORT, of all trash, garbage and other refuse which results from the operation of LESSEE's business. 0. INDEMNIFICATION AND INSURANCE 1. The CITY shall stand indemnified by the LESSEE as provided by this agreement. The LESSEE shall be deemed to be an independent contractor and operator responsible to all parties for its respective acts and omissions, and the CITY'shall in no way be responsible therefor. In the exercise of the obligations and in the enjoyment of the privileges granted by this agreement, the LESSEE shall indemnify and save harmless the CITY from any and all losses that may proximately result to the CITY because of any fault or negligence on the part of the LESSEE, its agents, employees or invitees, and shall indemnify the CITY against any and all claims, demands, suits, judgments and losses whatsoever. 2. The LESSEE shall maintain at all times, at its sole expense and with an insurance underwriter authorized to do business in the State of Texas and acceptable to the City, insurance against claims of general liability, automobile liability and property damage resulting from LESSEE's business activities at the AIRPORT. The amount of insurance coverage shall be not less than FIFTY THOUSAND ($50,000.00) DOLLARS for property damage as a result of any one event; or less than ONE HUNDRED THOUSAND ($100,000.00) DOLLARS for personal injury or death of any one person in any one event; or less than THREE HUNDRED THOUSAND ($304,400.00) DOLLARS for personal injury or death of two or more persons in any one event. Certificates of insurance or other satisfactory evidence of insurance shall be filed with the Director of Aviation prior to entry upon the premises by the LESSEE. Each policy shall name the CITY as an additional insured, require the insurer to notify the Director of Aviation of the City of Lubbock, Texas, of any alteration, renewal or cancellation, and remain in full force and effect until at least ten (10) days after such notice of alteration, renewal or cancellation is received by the Director of Aviation. The LESSEE shall provide workers' compensation insurance sufficient to meet statutory requirements. The workers' compensation policy shall provide employer's liability insurance in the amount of ONE HUNDRED THOUSAND ($100,040.00) DOLLARS. October 24, 1989 Page 869 P. WAGES The LESSEE shall pay, or require the payment of, the prevailing wage rate for each craftsman or workman employed by LESSEE, or by persons or firms engaged by LESSEE, for any alteration of the premises or installation, maintenance or repair of vehicles, fixtures, equipment and furnishings used in LESSEE's operations, as required by ordinances enacted pursuant to Article 5159a, V.A.C.S., as amended. The ordinances and statute and amendments thereto are incorporated herein by reference for all purposes. Q. CONDUCT AND APPEARANCE OF EMPLOYEES Any employee in LESSEE's operations that may be deemed to be discourteous or objectionable on reasonable grounds shall be removed from the premises by LESSEE on demand by CITY. CITY likewise reserves the right to eject any objectionable person or persons, including LESSEE's employees, from said premises, and upon the exercise of this authority through CITY's agents or employees, LESSEE hereby waives any right and all claims for damage against CITY or any of its agents, officials or employees. R. LIENS PROHIBITED The LESSEE shall not bind or attempt to bind the CITY for payment of any money in connection with construction, repairing, alterations, additions or reconstruction work on the premises, and LESSEE shall not permit any mechanic's, materialman's or contractor's liens to arise against the premises or improvements thereon, or any equipment, machinery and fixtures therein belonging to the CITY, and LESSEE expressly agrees that it will keep and save the premises and the CITY harmless from all costs and damages resulting from any liens of any character created or that may be asserted through any act or thing done by the LESSEE. In the event any mechanic's lien or other lien or orders for payment shall be filed against the premises or improvements thereon, or against CITY -owned property located therein during the initial term hereof, or during any subsequent extension, LESSEE shall within ten (14) days cause the same to be cancelled and discharged of record by bond or otherwise, at the election and expense of LESSEE, and shall also defend on behalf of the CITY, at LESSEE's sole cost and expense, any action, suit or proceeding which may be brought thereon or for the enforcement of such lien or orders. Failure of the LESSEE to comply with any requirement of this section or paragraph shall be cause for immediate termination of this agreement by the CITY. S. NON-DISCRIMINATION PRACTICES LESSEE, its agents and employees will not discriminate against any person or class of persons by reason of age, race, color, handicap, religion or national origin in providing any services or in the use of any of its facilities provided for the public. LESSEE further agrees to comply with such enforcement procedures as the United States might demand that the C[TY take in order to comply with the Sponsor's Assurances. LESSEE agrees not to discriminate against any employee or applicant for employment because of age, race, color, sex, handicap, religion or national origin. The LESSEE agrees to take affirmative action to insure that applicants are employed and that employees are tested during employment without regard to their age, race, color, sex, handicap, religion or national origin. Such action shall include, but not be limited to employment, upgrading, demotion, transfer, recruitment, layoff, rates of pay or other forms of compensation, and selection for training, including apprenticeship. T. SINGULAR AGREEMENT LESSEE shall not operate more than one rent -a -car service at the AIRPORT nor occupy space provided for more than one passenger car rental concession at the AIRPORT at any time during the initial term of this agreement, or any subsequent extension. If LESSEE has an existing lease October 24, 1989 Page 870 agreement with the City that allows LESSEE to operate a car rental concession at the AIRPORT at the time LESSEE enters into this agreement, the prior lease will be deemed abandoned by LESSEE. However, LESSEE herein agrees to pay all outstanding rentals, fees and other charges incurred under the prior lease within thirty (30) days of the date of execution of this lease. ARTICLE SEVEN TERMINATION_, CANCELLATION A. TERMINATION This lease shall terminate at the end of the full term hereof and LESSEE shall have no further right or interest in any of the lands or improvements hereby demised, except as provided in Article Six. B. CANCELLATION BY LESSEE This lease shall be subject to cancellation by LESSEE after the happening of one or more of the following events: 1. The permanent abandonment of the AIRPORT as an air terminal. 2. The lawful assumption by the United States Government, or any authorized agency thereof, of the operation, control or use of the AIRPORT, or any substantial part or parts thereof, in such a manner that substantially restricts LESSEE for a period of at least ninety (90) days from operating thereon. 3. Issuance by any court of competent jurisdiction of an injunction in any way preventing or restraining the use and operation of the AIRPORT for a period of at least ninety (90) days. 4. The default of the CITY in the performance of any covenant or agreement herein required to be performed by the CITY and the failure of the CITY to remedy such default for a period of sixty (60) days after receipt from LESSEE of written notice to remedy the same. LESSEE may exercise such right of termination by giving thirty (30) days advance written notice to the CITY at any time after the lapse of the applicable periods of time and this lease shall terminate as of the thirtieth (30th) day. Rental due hereunder shall be payable only to the effective date of said termination. C. CANCELLATION BY CITY This lease shall be subject to cancellation by CITY after the happening of one or more of the following events: 1. The taking by a court of competent jurisdiction of LESSEE and its assets pursuant to proceedings brought under the provisions of any federal reorganization act. 2. The appointment of a receiver of LESSEE'S assets. 3. The divestiture of LESSEE'S assets herein by other operation of law. 4. The abandonment by LESSEE of its rent -a -car service at the AIRPORT for a period of thirty (30) days or more. 5. The failure by LESSEE to pay any rentals or other charges hereunder when due. 6. The default by LESSEE in the performance of any covenant or agreement herein required to be performed by LESSEE and the failure of LESSEE to remedy such default for a period of sixty (60) days after receipt from CITY of written notice to remedy the same. October 24, I989 Page 87I 7. The lawful assumption by the United States Government of the operation, control or use of the AIRPORT, or any substantial part or parts thereof, or any authorized agency thereof, in such a manner as to substantially restrict LESSEE for a period of at least ninety (90) days from operating thereon. If any of the aforesaid events occur, CITY may enter the leased premises and take immediate possession of the same and remove LESSEE'S effects. Upon said entry this lease shall terminate, and any rental due hereunder shall be payable to said date of termination. It is agreed that failure to declare this lease terminated upon the default of LESSEE for any of the reasons set forth above shall not operate to bar or destroy the right of CITY to declare this lease null and void as a result of any subsequent violation of the terms of this lease. ARTICLE EIGHT GENERAL A. TIME OF EMERGENCY During time of war or national emergency, the CITY shall have the right to lease the landing area or any part thereof to the United States for governmental use and, if any such lease is executed, the provisions of this instrument, insofar as they are inconsistent with the provisions of the lease to the United States, shall be suspended. B. SPONSOR'S ASSURANCE SUBORDINATION This lease shall be subordinate to the provisions of any existing or future agreement between the CITY and the United States concerning the operation or maintenance of the AIRPORT, the execution of which has been or may be required as a condition precedent to the expenditure of federal funds for the development of the AIRPORT. Should the effect of such agreement with the United States be to take any of the property under lease or substantially destroy the commercial value of such improvements, the CITY shall not be held liable therefor. C. REPLACEMENT AFTER DAMAGE It is agreed between the parties hereto that in the event the leased premises are damaged by fire or other accidental cause during the term hereof so as to become totally or partially untenantable, the CITY shall have the option to restore the premises to their former condition. If the CITY elects to exercise the option, the CITY shall give LESSEE notice in writing of its election within thirty (30) days of the occurrence of such damage. If the CITY elects to restore the premises, the CITY shall proceed with due diligence and there shall be an abatement of the rent until repairs have been made for the time and to the extent for which the premises, or part thereof, have been untenantable. Should the CITY not exercise the option to restore the premises, the lease of such untenantable portion of the premises shall cease and terminate effective with the date of damage by fire or other accidental cause. D. CONFLICT OF INTEREST The LESSEE acknowledges that it is informed that Texas law prohibits contracts between the CITY and its "officers" and "employees," and that the prohibition extends to an officer and employee of CITY agencies such as CITY -owned utilities and certain CITY boards and commissions, and to contracts with any partnership, corporation or other organization in which the officer or employee has a substantial interest. LESSEE certifies (and this agreement is made in reliance thereon) that neither the LESSEE nor any person having an interest in this agreement is an officer or employee of the CITY or any of its agencies. October 24, 1989 Page 672 E. LIEN OR BOND LESSEE must provide the CITY with a performance bond in the amount of FORTY THOUSAND DOLLARS ($40,000), to be reviewed annually, to secure the prompt payment of the minimum annual guaranteed rental and all other charges herein stipulated to be paid for the use of the leased premises. In lieu of a performance bond, LESSEE may give the City of Lubbock a secured interest with priority over the secured interests and liens of all other creditors of LESSEE in all vehicles, equipment, furniture, fixtures and furnishings used in LESSEE'S car rental operation at the AIRPORT, including all vehicles, equipment, furniture, fixtures and furnishings hereafter acquired and so used. To insure the priority of the secured interest granted to the CITY, LESSEE shall file with the Director of Aviation subordination agreements executed by and between the City of Lubbock and any and all persons or firms who are secured parties with secured interests that would have priority over the secured interest granted to the City subordinating such other secured interests to the secured interest held by the City. In addition, LESSEE shall secure subordination agreements between the City of Lubbock and any person or firm who takes a purchase money secured interest in LESSEE'S vehicles, equipment, furniture, fixtures and furnishings during the initial term of this lease agreement (or any extension thereof), subordinating such purchase money secured interest to the secured interest held by the City. LESSEE shall further secure and file with the Director of Aviation subordination agreements executed by and between the City of Lubbock and any person or firm holding a lien against any structures or other improvements used or installed by LESSEE upon the leased premises, subordinating such lien to the CITY'S lien against such structures or improvements to secure payment of all amounts due under this agreement. LESSEE shall execute security agreements and sign financing statements to be filed with the County Clerk of Lubbock County and the Secretary of State of Texas; such security agreements shall give the City of Lubbock a secured interest in all vehicles, equipment, furniture, fixtures and furnishings used in LESSEE'S car rental operation on the AIRPORT, including all such items hereafter acquired for such use, and a lien upon all structures and improvements presently existing or to be installed or constructed upon the leased premises during the initial term of this Lease Agreement, or any extension thereof. In addition to executing said security agreement, LESSEE will file with the Director of Aviation a schedule showing the motor vehicle identification and registration numbers of each vehicle used in its car rental operation on the Airport and such supplementary schedules as are necessary to keep the CITY informed as to the number and identity of such vehicles. F. RIGHT OF INSPECTION The CITY reserves the right to conduct inspections of the leased premises at reasonable times to insure that fire, safety and sanitation regulations and other provisions contained in this lease are being adhered to by the LESSEE. G. TERMINATION OF LEASE, SURRENDER OF LEASED PREMISES AND OWNERSHIP OF IMPROVEMENTS The LESSEE covenants and agrees that at the expiration of the initial term or any extension which has been granted, or upon earlier termination as provided in this lease agreement, it will quit and surrender the leased premises and the improvements in good state and condition, reasonable wear and tear, acts of God and other casualties excepted, and the CITY shall have the right to take possession of the leased premises and the improvements, subject to the limitations provided by Article Six, Section D of this lease, with or without process of law. H. HEADINGS The paragraph headings contained herein are for convenience in reference and are not intended to define, extend or limit the scope of any provisions of this agreement. October 24, 1989 Page 873 I. NOTICES - Notices to the CITY required or appropriate under this agreement shall be deemed sufficient if in writing and mailed, registered or certified mail, postage prepaid, addressed to the Director of Aviation, Lubbock International Airport, Route 3, Box 389, Lubbock, Texas 79401. Notices to the LESSEE shall be deemed sufficient if in writing and mailed, registered or certified mail, postage prepaid, addressed to the LESSEE at the address on file with the Director of Aviation. J. ENTIRE AGREEMENT This agreement constitutes the entire agreement between the CITY and LESSEE, and any other written or parole agreement with the CITY is expressly waived by LESSEE. EXECUTED this 24th day of October, 1989, LESSEE Loma Enterprises, Inc. BY:/s/ J. R. Wiegmann Title: General Manager Date: 10-12-89 THE CITY OF LUBBOCK s B. C. McMinn MAYOR ATTEST: /s/ Ranette Boyd City Secretary APPROVED AS TO CONTENT: Zsl Marvin Coffee Marvin Coffee Director of Aviation APPROVED AS TO FORM: /s/ Harold Willard w w Harold Willard Assistant City Attorney EXHIBIT A AND EXHIBIT B FILED WITH RESOLUTION. Loma Enterprises, Inc., dba Dollar Rent-A-Car, requested approval to operate as an on -airport concessionaire. The Agreement is from November 1, 1989 through April 30, 1992. It provides for 10% of gross revenue with a $40,000 minimum the first year of operation, and subsequent annual rental will be identical to Lease Agreement terms as other on airport rent -a -car agencies. Also, Dollar Rent-A-Car agreed to build a permanent service facility within one y,`..ar of Lease execution in the area formerly occupied by Conquest Airlines. This Lease allows up to 90 days to construct a counter area before lease payments begin, or until "beneficial occupancy" of the space occurs. The Airport Board reviewed this request at its regular meeting of July 19 and recommended approval. Motion was made by Councilwoman Trejo, seconded by Councilman Phillips to authorize Resolution #3232 as recommended by the Airport Board and City Staff. Motion carried: 7 Yeas; 0 Nays. October 24, 1989 Page 874 89-48B-874-636 (18.) Consider Resolution #3233 authorizing the Mayor to sign a Contract with the State Department of Highways -and Public Translaortation for planning and operating assistance. RESOLUTION #3233 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 Financial Assistance contract with the State of Texas to August 31, 1990, on Project No. TX-30-X165, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of the Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 24th day of October, 1989. ATTEST: s enette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s La ry V. Hoffman Larry V. Hoffman, Director of Transportation s B. C, McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /sZ J. worth Fullingim U. Worth Fullingim, Assistant City Attorney PUBLIC TRANSPORTATION CONTRACT FILED WITH RESOLUTION. The Contract with the State Department of Highways and Public Transportation provides $196,250 in State funding for the items listed below: Descrip. _ Federal % State % Local % Total Planning 100,000 BO 16,250 13 8,750 7 125,000 Operating 1,130,000 50 180,000 8 950,000 42 2,260,000 Total 1,230,000 196,250 958,750 2,385,000 This project was previously approved by the City Council as part of Citibus' FY 1990 budget. The Urban Mass Transportation Administration will fund 80%. of the Planning Study or $100,000 and 50% of the net deficit of the net operating cost. Approval of State funding will reduce the local cost of the project. Staff recommended approval of this Contract, Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize Resolution #3233 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48B-4374- 637 (19.) October 24, 1989 Page 875 RESOLUTION #3234 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 Grant Application and associated documents for library literacy projects by and between the City of Lubbock and the U.S. Department of Education, which grant application 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 24th day of October, 1989. ATTEST: to Dgyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Rita Harmon Rita Harmon, Assistant City Manager GRANT APPLICATION FILED WITH RESOLUTION. s B. C. McMinn B. C. MCMINN, MAYOR APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The Library is requesting authorization to apply for a Literacy Program Grant from the U. S. Department of Education. If approved, $24,857 in grant funds would be used between October 1, 1990 and September 30, 1991 to fund the Read to Achieve Project. Deadline for application is November 9, 1989. According to the Lubbock Human Needs Assessment. 1988, about 40,000 adults in Lubbock are either marginally or functionally illiterate. The Lubbock document pointed out two specific issues in this problem: (1) The limited program opportunities for adults needing literacy help, and (2) the gap in services. The "Read to Achieve" project would seek to close the gap created by the termination of Project LIFE, restoring a literacy "clearinghouse" or single -source of information for those who seek literacy help, those who provide help, and others interested in the problem. Specific objectives of "Read to Achieve" will be to.. (1) Establish the Reading Hotline, a phone with somebody at the other end, to give reliable infor- mation; (2) Promote establishment of new, volunteer -based adult literacy programs by community orga- nizations, and to help them train volunteer tutors; (3) Provide on -going expertise to the community programs; (4) Publicize literacy instruction opportunities throughout the community; October 24, 1989 Page 876 (5) Assess potential students and refer them to the programs most appropriate to their individual needs. "Read to Achieve" would employ a Coordinator/ Reading Specialist who would encourage groups to establish literacy programs and provide organizational assistance and training help, as well as volunteer workshops. At the Library, the Coordinator would maintain files on local literacy resources, and when sufficient programs are established, the hotline number would be promoted to the general public. Those seeking help would be interviewed, tested, and referred to a program. The Coordinator will work with various organizations in the community, and citizen advisory input will be provided by the Lubbock Libraries Board and the Lubbock Area Coalition for Literacy. The recently established Coalition is committed to the objective of more permanent funding of the literacy effort in the community. The Grant Guidelines do not require matching local funds; however, to maximize the funds available, the Library will provide office space and in-house administrative supervision, valued at $10,106. Staff recommended Council approval of the grant application. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to authorize Resolution #3234 as recommended by Staff. Motion carried: 7 Yeas; 0 Hays. 89-488-876-638 (20.) Consider Resolution #3235 authorizing the Mayor to sign—anAmendment to Contract F41620-78-006 between the City of Lubbock and Reese Air Force Base, United States Government, pertaining to water rates to be paid by Reese Air Force Base for water service. RESOLUTION #3235 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment to Contract F41620-78-006 with Reese Air Force Base/United States Government pertaining to water rates to be paid by Reese Air Force Base for water service by the City of Lubbock, a copy of which Amendment, along with a copy of a 1980 Amendment, a prior 1989 Amendment, and the original contract are attached hereto and made a part hereof for all purposes and shall be spread upon the minutes of the City Council of the City of Lubbock. October 24, 1989 Page 877 Passed by the City Council this 24th day of October, 1989. ATTEST: /s/_Ranette_Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: IsZ Carroll McDonald Carroll McDonald, Assistant City Manager/Utilities f lULALI[ilk,143so144911If:EdW111Rji[11►1 89-48B-877-639 (21.) ZsZ B. B. C. McMINN, MAYOR APPROVED AS TO FORM: Is1 Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The current water rate to Reese AFB is $.91 per thousand gallons. Ordinance #9301 of July 27, 1989, raised water rates effective October 1, 1989 and October 1, 1990. This Resolution covers an Amendment to the Reese Water Contract to raise the water rates in accordance with that Ordinance. The new rate for Reese AFB will be $1.06 per thousand gallons effective this month. The rate effective October 1, 1990 will be $1.31 per thousand gallons. The Contract for Reese calls for the rate to be lowest block rate and to be equal to our largest "like" customers. "Like" customers include Texas Tech and LISD and the proposed rates meet these qualifications. Motion was made by Councilman Carpenter, seconded by Councilwoman Trejo to authorize Resolution #3235 as recommended by Staff. Motion carried: 7 Yeas; 0 Hays. RESOLUTION #3236 WHEREAS, State -imposed mandates for Texas municipalities frequently require the expenditure of substantial amounts local government tax funds; and WHEREAS, legislation is proposed to be introduced in the November, 1989, Special Called Session of the Texas Legislature by Representative Dan Morales to require the State of Texas to reimburse local governments for the cost: of implementing State mandated programs; and WHEREAS, the City Council of the City of Lubbock desires to support and encourage the passage of such proposed legislation; NOW THEREFORE: BE IT RE:SOLVEO BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock fully supports and encourages passage of the Morales Bill on State mandated costs during the November, 1989, Special Called Session of the Legislature in order to relieve local governments of the increasing financial burdens of meeting State -imposed mandates; and October 24, 1989 Page 878 THAT the City Manager or his designated representative is hereby directed to provide copies of this Resolution to Representative Dan Morales and to all Lubbock area legislators. Passed by the City Council this 24th day of October, 1989. ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Trent Petty Trent Petty, Assistant to the City Manager 89-48B-878-6�V IsZ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney State Representative Dan Morales proposed a Bill to be introduced in the November Special Session of the Legislature to require the State to reimburse municipalities for all costs incurred in implementing State -imposed mandates. This Bill is the result of localities being forced to raise property taxes due to programs required by the State. This Bill won committee approval last session, but was caught in the last minute crunch and died before coming up for a full vote of the House. TML, the Texas Association of School Boards, the Texas Association of Counties, and other local government groups have joined together in supporting this legislation. In a letter sent '4o the Mayor, Representative Morales asked that a Resolution of endorsement for this piece of legislation be sent to his office before October 31, 1989. Representative Morales will then submit these resolutions to the Governor's Office early in November accompanying a formal request that the Special Session be opened to include this legislation. Motion was made by Councilman Carpenter, seconded by Councilman Maloy to authorize Resolution #3236 as recommended by Staff. Motion carried: 1 Yeas; 0 Nays. (22.) Consider Resolution #3237 authorizing the Mayor to sign a Land Use Agreement with Motorola, Inc., Dallas, Texas for an Antenna Tower Site -inside East Loop 289 about -one mile north of 50th Street. RESOLUTION #3237 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 Land Use License for a radio tower and appurtenances to be entered by and between said City (as Licensor) and Motorola Communications and Electronics, Inc., a corporation (as Licensee), 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. October 24, 1989 Page 879 Passed by the City Council this 24th day of October, 1989. /s/ B. C . MCM,i nn B. G. McM NN, MAYOR ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: Zs/-Williamm J. Payne /s/ J. Worth_Fullinaim William J. Payne, Director of J. Worth Fullingim, Assistant Building Services City Attorney LAND USE LICENSE THE STATE OF TEXAS III1J:I Fall k1i1.3 THIS License Agreement is entered into this 24th day of October, 1989, by the CITY of Lubbock, a Texas Home Rule Municipality located in Lubbock County, Texas, acting by and through its Mayor hereunto duly authorized, hereinafter called "CITY", and Motorola Communications and Electronics, Inc., a corporation acting through its undersigned officer hereunto authorized to so act in its behalf, hereinafter called "LICENSEE" to accomplish the matters hereinafter set forth in consideration of the mutual covenants and agreements to be kept and performed by the parties hereto do hereby contract and agree as follows: I. CITY, in consideration of the sum of an annual amount of $1,200.00 paid by LICENSEE to CITY in advance in Lubbock, Texas, the first annual payment being made on November 1, 1989, and succeeding annual payments of $1,200.00 each to be made on the first day of November of each subsequent year during the life of this license, does hereby grant to LICENSEE the right to construct and maintain a radio tower, guy wires and necessary appurtenances thereto, a small building to service said radio tower and its appurtenances, and such fencing as is hereinafter set forth as required and permitted, in and upon the following described tract of land owned by the CITY and described as follows: 6.63 acre tract of land, more or less, being out of Section 1, Block B, Lubbock County, Texas, being more particularly described by metes and bounds as follows: BEGINNING at a point 3094.97' East and 2397.45' South of the NW corner of Section 1, Block B, Lubbock County, Texas THENCE North 301 - 00' East a distance of 760 feet to a point; THENCE South 301 - 00' East a distance of 760 feet to a point; THENCE West a distance of 760 feet to the POINT OF BEGINNING. II. This License shall be for a primary term of ten (10) years, beginning November 1, 1989, and ending October 31, 1999. LICENSEE shall have the option to renew this license for an additional term of ten (10) years by giving the CITY written notice at least sixty (60) days before the expiration of said primary term by certified or registered United States Mail of LICENSEE's intention to so renew this license addressed to the City Manager„ City of Lubbock, P. 0. Box 2000, Lubbock, Texas 79457, or to the last known address for said City Manager. The land hereinabove described must be kept available by the CITY for public use, and if the CITY determines there is a subsequent need for said land for public usage, the October 24, 1989 Page 880 CITY retains the right to cancel this license at any time during the primary term or subsequent term of this license by giving LICENSEE thirty (30) days written notice of cancellation by certified or registered mail, executed by the City's Mayor and addressed to LICENSEE at P. 0. Box 819049, Dallas, Texas 75381, or the last known address of LICENSEE. LICENSEE hereby acknowledges that it has been informed by the CITY that all or part of the land of whatever kind or nature of the land hereinabove described as the previous site of a sanitary landfill, and pursuant thereto the LICENSEE assumes all risks in connection with the construction and maintenances of all improvements and facilities owned by LICENSEE and located on said land. LICENSEE shall make all necessary soil and ground investigations as shall satisfy LICENSEE of the suitability of the site for the construction of its facilities and the maintenance thereof in a safe and proper manner for the safety and welfare of LICENSEE, its employees, CITY, its employees or representatives, and members of the general public as well. If LICENSEE determines that the land hereinabove described is not suitable for construction or maintenance of its facilities as a result of any such tests it has made or had made for its account, LICENSEE retains the right to cancel this license at any time during the first year of the life of this license by giving written notice of such cancellation and describing the tests made and the results thereof as determined by LICENSEE, such written notice shall be by certified or registered mail addressed to City Manager, City of Lubbock, P. 0. Box 2000, Lubbock, Texas 79457, or the last known address for said City Manager. LICENSEE shall be entitled to a pro-rata refund on its first annual payment of $1,200.00 for the balance of the first year of this License if this license is cancelled by LICENSEE during the first year of the life of this license for the reason hereinabove stated. IV. LICENSEE, at its own expense, shall erect a chain link fence six feet high around the radio tower service building, the radio tower, and the anchor base of each and all of the guy wires to the radio tower. V. Said radio tower is to be constructed at the expense of LICENSEE, and shall be constructed, operated, and maintained in accordance with height, warning systems, and all applicable regulations with respect to said tower as promulgated and enforced by the Federal Communications Commission and the Federal Aviation Administration of the United States Government. VI. LICENSEE after construction, shall, at its cost, restore the surface of the premises to its original condition. LICENSEE shall be responsible for the maintenance of the radio tower improvements and surrounding grounds included within the tract of land hereinabove described in suitable condition for public purposes, including park purposes and in keeping with surrounding land. VII. LICENSEE agrees that at all times it will indemnify and save harmless the CITY against all claims, demands, actions or causes of action, arising or growing out of any damage to property or injury to or death of persons which may be due in any manner to the construction, use, maintenance, state of repair or presence of the radio tower and appurtenances thereto and to pay the CITY the full amount of any loss or damage which it may sustain, incur or become liable for on account thereof. Vill. This License is given by the CITY and accepted by LICENSEE upon the express condition that the same is, and at all times shall be cancelled upon thirty (30) days written notice as provided in Section II above at the October 24, 1989 Page 881 will of the CITY; and whenever requested so to do by the CITY, LICENSEE agrees at LICENSEE's expense to remove said radio tower and appurtenances and fencing from the property of the CITY and restore said property to the same condition in which it was prior to the placing of said radio tower and appurtenances thereon. In case LICENSEE shall fail to restore the CITY's premises as aforesaid within thirty (30) days, CITY may proceed with such work at the expense of LICENSEE. No termination hereof shall release LICENSEE from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or such later date when the improvements placed on the licensed premises by LICENSEE are removed and said premises are restored to its original condition as hereinabove required I I'M LICENSEE shall permit the CITY to use a portion of LICENSEE's radio tower without charge to the CITY in those instances where the radio frequency used by the CITY is compatible with LICENSEE's use of the radio tower. x. LICENSEE, by the acceptance of the license herein, understands and agrees that no interest, title or rights of possession are intended or implied except those expressly set forth herein, and LICENSEE waives any and all claims in and to the property it is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this License. IN WITNESS WHEREOF, the parties hereto have executed this instrument, in duplicate, the day and year first above written. CITY OF LUBBOCK BY: s B. C. McMinn B. C. McMINN, MAYOR 1s[ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: William Payne fs!_J. Worth_Fullingim William Payne, Director J. Worth Fullingim, Assistant of Building Services City Attorney MOTOROLA COMMUNICATIONS & ELECTRONICS, INC. BY: MARION S. CAMPBELL, JR. Antenna Site Manager New Site Development Network Services Motorola Communications and Electronics, Inc., 3320 Belt Line Road, Dallas, Texas 75234, wants to lease about 6.63 acres of land locattd on the City of Lubbock Land Application Site, inside East Loop 289 about a mile north of 50th Street, for commercial radio operations. The Federal Aviation Administration Con truction Permit for this site has been approved, and a Specific Use zone case has been filed with the Planning and Zoning Commission. Staff has reviewed this request and recommended City Council approval. October 24, 1989 Page 882 The term of the Agreement is for ten years, renewable for an additional ten years. The amount of the Agreement is $1,200 per year, payable one year in advance, starting November 1, 1989. Staff recommended approval of this Agreement. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to authorize Resolution #3237 as recommended by Staff. Motion carried: 7 Yeas; O Nays. 89-48B-882- 441 (23.) BIO #10420--Pickups and vans (Garage). Brunken Chevrolet--2 4WD 1/2 ton step side pickup per Spec. 305. Modern Chevrolet--2 4WD K9 Police unit per Spec. 203 AB; 14-wheel drive vehicle per Spec. 303 AB; 15 1/2 ton full-size Pickup per Spec. 307 AB; I Cab and Chassis per Spec 309 AB; 1 3/4 ton Cab and Chassis per Spec. 315 ABL; 2 3/4 ton Cab and Chassis per Spec. 315 AB; 3 3/4 ton Cargo Van per Spec. 403; 1 one -ton Cargo Van per Spec. 405 AB; I U4 Cab and Chassis per Spec. 506. Gene Messer Ford--3 1/2 ton full size Pickup per Spec. 307; 1 3/4 ton Pickup per Spec. 308; 2 1/2 ton U4 Pickup per Spec. 313 AB; 1 12 Passenger Van per Spec. 406 AB; I Extended Cargo Van per Spec. 415 AB; I I -ton Stake Bed Truck per Spec. 503. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 89-48B-882. 642 (24.) BIO_#10386--Electrical items (Central Warehouse). Nelson Electric Supply--150 #6 DE copper clevis. Temple, Inc.--30 24" conduit support; 1,500 4 ASCR wedge clamp. General Electric Supply Co.--25 1" rigid coupling. Westinghouse Electric Supply--5,000' #2 Triplex -out of pipe; 20,000' #4 Quad service drop. Nunn Electric Supply Corp.--816 4" PVC conduit. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 89-48B-882-643 (25.) BID #10361--UREA Lubbock International -Airport). Zipp Industries, Inc., Amarillo--100 Tn. granulated UREA. October 24, 1989 Page 883 Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 89-48B-883- 644 (26.) BID #10356--82nd Street strip paving improvements, and authorize same (Streets). RESOLUTION #3238 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 Kerr Construction Company for 82nd Street strip paving improvements, 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 24th day of October, 1989. ATTEST: anette_Boyd Ranette Boyd, City Secretary In 9.0Y1'1N1L>,M18Id+IL,kINilk IF Zsl Gene E d Gene Eads, Purchasing Manager STATE OF TEXAS COUNTY OF LUBBOCK f s/ B..„C._McMinn B. C. NcMINN, MAYOR APPROVE} AS TO FORM: fsl Harold Willard Harold Willard, Assistant City Attorney CONTRACT THIS AGREEMENT, made and entered into this 24th day of October, 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 Kerr Construction Company of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 10356 - 82ND STREET STRIP PAVING IMPROVEMENT FOR THE AMOUNT OF $285,518.65 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement, The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to October 24, 1989 Page 884 substantially complete same within the time specified in the contract documents, The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: jsZ Ranette Boyd Secretary APPROVED AS TO CONTENT: Ise W� i l l i am—J, Payne ATTEST: Secretary COMPLETE ADDRESS: Kerr Construction Company P.O. Box 888 Lubbock, Texas 79408 89-48B-884.-645 CITY OF LUBBOCK, TEXAS (OWNER) IsZ B. r,, McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s1 Harold Willard KNOX, GAILEY & MEADORS, INC. CONTRACTOR By: TITLE: Kerr Construction Company Notion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize Resolution #3238 as recommended by Staff. Motion carried: 7 Yeas; D Hays. (27.) 010 #1 354-- enowati n of Nurses Station, and uthor' a same e i h Department RESOLUTION #3239 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 Pharr & Company for renovation of the nurses .station at the Health Department, 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. October 24, 1989 Page 885 Passed by the City Council this 24th day of October, 1989. ATTEST: to Bgvd Ranette Boyd, City Secretary, APPROVED AS TO CONTENT: s Gene Eads Gene Eads, Purchasing Manager STATE OF TEXAS COUNTY OF LUBBOCK s B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney :�I+I►����:i�i� 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 Pharr and Company of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 10354 - RENOVATION OF NURSES STATION AT HEALTH DEPARTMENT FOR THE AMOUNT OF $29,130.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions arrd deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written„ October 24, 1989 Page 886 ATTEST: CITY OF LUBBOCK, TEXAS (OWNER) /s/ Ranette Boyd /s/ B. C. McMinn Secretary S. C. McMINN, MAYOR APPROVED AS TO CONTENT: APPROVED AS TO FORM: /s/ William _J._Payne /sZ Harold Willard ATTEST: PHARR & COMPANY -- CONTRACTOR Secretary By: TITLE: COMPLETE ADDRESS: Pharr & Company' P.O. Box 2791 Lubbock, Texas 79408 Pharr & Company Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize Resolution #3239 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. - 89-48B-886�64 6 (28.) BID #10419--Automobiles (Garage). Brunken Chevrolet--3 full-size 4 door Sedan; 1 full-size 4 door Sedan. Modern Chevrolet--43 Police Patrol Sedan; 16 Unmarked Police 4-door Sedan. Gene Messer Ford, Inc.--11 Intermediate 4-door Sedan. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize low bids meeting specifications. Motion carried: T Yeas; 0 Nays. 89-48B-886-647 (29.) BID #10382--Wire and luminaires (Central Warehouse). Nunn Electric Supply Corp.--10,000' #2 Triplex Cable out of pipe; 2,000' 350 MCM & 4/0 Cable; 193 400W MPS Luminaire. General Electric Supply Co.--7,500' Signal Cable. Cummins Supply, Amarillo--I,000' 010 THHN wire; 50 250W Luminaire; 175 400W I20/240V Luminaire; I50 40OW 480V Luminaire. Southwestern Electric Supply--4,000' 12-2 OF copper cable. Nelson Electric Supply--25,000' #2 Triplex cable in duct. October 24, 1989 Page 887 Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Mays. 89-48B-887- 648 (30.) BID #10381--Connectors and insulators (Central Warehouse). General Electric Supply--30 Transformer cluster M.T. Nelson Electric Supply,-7? Auto D.E. clevis. Techline, Inc., Amarillo--250 wire holder; 100 #2/0-4/0 wedge clamp; 20 10" cable rack hook. Temple, Inc.--70 4/0 Armor rod; 200 477 MCM Armor rod; 125 54" glass insulator; 200 20,000 lb. guy hook; 10 Sidewalk guy clamp; 27 8' D.E. assembly; 20 10' alley Army brace. Graybar Electric Co., Amarillo--1,000 #6 Copper sleeve. Cummins Supply, Amarillo--150 #1/0 - 477 D,E, Strain clamp; 200 Ball Y-Clevis, 30,000 lbs. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 89-48B-887 $fig (31.) BID #10369--Precast concrete manholes (Electrical Distribution). Brooks Products, Arlington--10 Precast concrete manhole 8 X 6 X 7. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 89-48B-887-65 B (32.) BID #10380--15KY Electric Utility items (Central Warehouse). Cummins Supply-,Amarillo--5 safety switch; 35 7- pole test switch; 96 test switch cover-lg.; 50 bushing ext.; 150 500 MCM stress cone; 80 reducing tap well; 60 load break brushing; 36 feed through; 100 dead-end recept.; 500 600A elbow; 500 cable adapter; 300 dead-end plug; 400 ground device; 200 insulating plug; 400 crimp connector; 300 connecting plug. Graybar Electric Co., Inc., Amarillo--200 sealing ring. Westinghouse Electric Supply--10 30 AMP relay. October 24, 1989 Page 888 Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 89-48B-888-661 { 8.) ORDINANCE #9318--Zone Case #2437-B northwest corner of 82nd Street and Frankford Avenue) --Hold .a ORDINANCE #9318 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2437-B; A ZONING CHANGE FROM C-2 TO C-3 ZONING ON A TRACT OUT OF SECTION 29, BLOCK A-K, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAYINGS CLAUSE AND PROVIDING FOR PUBLICATION. David Goyette appeared on behalf of First Federal Savings Bank to present this request for zone change to allow a large grocery store, department store, or wholesale/retail outlet store. No one appeared in opposition. Mayor McMinn closed the Hearing at 10:32 a.m. Assistant City Manager Jim Bertram gave the adjacent land use relationships as follows: North - R-1, developed as R-1 and vacant South - Zoned C-3, vacant East - Zoned C-2, vacant West - Zoned A-2 for a church, vacant According to Staff comments, the request is consistent with the Comprehensive Land Use Plan. With the standard "Site Plan review prior to permits" comment as a condition the request is consistent with Zoning Policy. Regarding traffic in the area, the thoroughfare intersection will accommodate the increase in traffic. The Planning and Zoning Commission recommended approval of this request subject to the following condition: 1. That a Site plan, including building elevations showing materials, color and texture shall be submitted and approved by the Planning and Zoning Commission prior to the issuance of a building permit. The Staff recommended that the City Council uphold the Planning and Zoning Commission. Motion was made by Mayor Pro Tern Baker, seconded by Councilman Maloy to pass on first reading Ordinance #9318, subject to P&Z Condition #1 above, as recommended by P&Z and Staff. Motion carried: 7 Yeas; 0 Nays. October 24, 1989 Page 889 (33.) Hold an Executive Session to consider the appointment and duties of eight members of the Board of City Development 434.E Consider eight appointments to the Board of City Development. No action was taken on this item. There being no further business to come before Council, motion was made by Councilman Patterson, seconded by Councilman Phillips to adjourn the meeting at 11:36 a.m. Motion carried: 7 Yeas; O Mays. e r Y B. C. McMrNN, MAYOR T: an tte Boyd, ity, Se retary READ AND APPROVED THIS 9TH DAY Of NOVEMBER, 1989 r+ . C. MCM N,-MAYOR Ranet Boyd, Ci y Sec etary NOTICE OF PUDLl, NEARING NOTICE is hetcby given that Ike City Council will hold a Public Hearing on Tuesday, October 24. 1989, at 10.30 A.M., in The City Councit Chambers, 1625 13th Street. Lubbock, Texas, to consider the recommendations by the Planning and Zoning Commission that xan- ing be changed On Certain Prop"' ties in Lubbock, Texas. All inter- ested persons may speak, then IhO City Council wilt act on such rec- ommendations. The lellgwim'One Cases will be heard: R-246 ce s Hernandez a Notary PutbhA in ar 4pr Lubbock County, Texas on this day u 1 y C c 4 un an a of the Southwestern Newspa- )lishers of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who rn did depose and say that said newspaper has been published continuously for more prior to the first insertion of this Legal Notice TUNE CASENO.2431.13: Request No50 578 at Lubbock County, Texas and the attached print- 0 Oavld Guyette )tor First Feder- egal Nofice a1)for mningchangeI mnC-2toC- is a true copy of the original and was printed in the ubbock 3 on a tract out of Section 2% Block A-K [Northwest corner of 82nd e f �w $VJ� S06 October 7 f 19 89. Street and FrankFmd Avenue). — R-246 rYO AccouWllanage LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 14 day of October PORN 58-10 `n FRANCES HERUANIDE7 } ' Notary PuhI:c. Starr ;I T r.:,,, c. My Commission Expires 1 1989