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