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HomeMy WebLinkAboutMinutes - City Council - Regular - 11/16/1989CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING NOVEMBER 16, 1989 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 16th day of November, 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, Councilmember T. J. Patterson, Councilmember Gary Phillips, Councilmember Bill Maloy, Councilmember George Carpenter, Councilmember Maggie Trejo, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr., and City Secretary Ranette Boyd. Mayor McMinn called the meeting to order at 10:00 A.M. 1.) The Invocation was given by Assistant City Manager Rita Harmon. 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. ( 3.) Motion was made by Councilmember Patterson, seconded by Councilmember Phillips to approve the Minutes of the November 9, 1989 Regular City Council meeting as written. Motion carried: 7 Yeas; 0 Nays. ( 4•) 89-48B-906-670 ( 5.) Board Appo i ntment s RESOLUTION #3246 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 Quit Claim Deed in favor of the Texas Department of Highways and Public Transporta- tion, 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. PasseA by the City Council this 16th day of November, 1989. ATTEST: LsLF:ane to Bgyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Ed Buc Ed Bucy, Right -of -Way Agent Ls1 B. C. McMinn B. C. McMIHN, MAYOR APPROVED AS TO FORD: Lsj -Harold Wi_1 lard Harold Willard, Assistant City Attorney November 16, 1989 Page 907 QUITCLAIM DEED THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF LUBBOCK That, City of Lubbock of the County of Lubbock, State of Texas, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of Ten and no/10O Dollars ($10.00) and other good and valuable consideration to Grantors in hand paid by the State of Texas, acting by and through the State Highway and Public Transportation Commission, the receipt fo which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have Quitclaimed and do by these presents Bargain, Sell, Release and forever Quitclaim unto the State of Texas all of Grantors' right, title, interest, claim and demand in and to that certain tract or parcel of land, situated in the County of Lubbock, State of Texas, more particularly described as follows, to wit: County: Highway: Project Limits: Account: Field Notes; Lubbock Interstate 27 From U.S. 62 (19th Street) to Loop 289 (North) 9005-27-13 Parcel 165 Being 28,023.50 square feet more or less, of land out of that certain tract of land situated in the County of Lubbock, State of Texas, being out of Lot 8, George Addition, conveyed to Pittsburgh -Des Moines Steel Company by Ducommun, Incorporated by Warranty Deed dated August 9, 1979 and recorded in Volume 1652, Page 487 of the Deed Records of Lubbock County, Texas, said 28,023.50 square feet, more or less, being more particularly described by metes and bounds as follows; BEGINNING at a point in the north line of said tract and in the east right- of-way line of North Ave. H, said point being the northwest corner of said tract and 388.00 feet North 871,36'15" West of the northeast corner of said tract; 1) THENCE, South 870 6'15" East along the north line of said tract a distance of 60.58 feet to a point in the north line of said tract; 2) THENCE, South 41,35'44" East along the east line of said tract a distance of 404.29 feet to a point on a curve, said curve being the east line of said tract; 3) THENCE, Southeasterly along said curve, to the left, having a radius of 3604.72 feet and radius being North 852124'16" East, said curve being the east line of said tract, a distance of 33.69 feet to a point on a curve in the south line of said tract; 4) THENCE, Southwesterly along said curve, to the left, having a radius of 1960.08 feet and radius bearing South 341,24'52" East, said curve being the south line of said tract, a distance of 30.60 feet, to a point in the west line of said tract; 5) THENCE, North 111'16'56" west along the west line of said tract and in the east right-of-way line of U.S. 87 a distance of 274.25 feet to a point in the west line of said tract; 6' THENCE, North 16129'14" West along the west line of said tract and in the east right-of-way line of U.S. 87 a distance of 274.25 feet to a point in the west line of said tract; 7) THENCE, North 2123'45" East along the west line of said tract and in the east right-of-way line of North Avenue H a distance of 190.72 feet to the point of beginning. November 16, 1989 Page 908 TO HAVE AND TO HOLD for said purposes together with all and sigular the rights, privileges, and appurtenances thereto in any manner belonging unto the said State of Texas forever. IN WITNESS WHEREOF, this instrument is executed on this the 16th day of November, 1989. CITY OF LUBBOCK By: Is1 B. C. McMinn B. C. McNINN, MAYOR CORPORATE ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, Olivia R. Solis, on this day personally appeared B. C. McMinn, Mayor, of the City of Lubbock, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Lubbock, a corporation, that he was duly authorized to perform the same by appropriate resolution of the Board of Directors of such corporation and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This 16th day of November, A.Q., 1989. 89-488-908-671 s Olivia R. Solis Notary Public, State of Texas My Commission expires on the 30th day of November, 1989. This Quitclaim Deed would release an Lubbock and LP&L have to a parcel of by the State for 1-27 right-of-way, west side of Lot 8, George Addition, Municipal Drive and east of Amarillo action will clear a title question o parcel. y right the City of property acquired located along the which is north of Road (I-27). This n the acquired The City's claim to this property is an Electrical Easement located at the southwest corner. Last year, the City acquired a new Easement for one being taken for I-27, and the Highway Department reimbursed its purchase price. The utilities in the old Easement have been relocated, and the City no longer needs the old easement. Staff recommended approval. Motion was made by Councilmember Trejo, seconded by Councilmember Patterson to authorize Resolution #3246 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 6.) Consider Resolution #3 47 authorizing the Mayor t ecgte a ,ease Agreement for G & G Aero.Service, _Inc. RESOLUTION #3247 BE .IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LU88OCK: 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 G & G 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. November 16, 1989 Page 909 Passed by the City Council this 16th day of November, 1989. fs/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: Isf Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: s Bern E. Case fsf Harold Willard Bern E. Case, Director of Aviation Harold Willard, Assistant City Attorney FIXED BASE OPERATOR AGREEMENT THIS LEASE AGREEMENT, made this I6th day of November, 1989, by and between the City of Lubbock, Texas, acting by and through its Mayor, hereunto duly authorized, (hereinafter referred to as "LESSOR") and G & G 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, 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 is a corporation primarily engaged in commercial aviation, retail sales and the general activities of fixed base operation and aircraft sales; and WHEREAS, LESSEE proposes to lease on a net basis from LESSOR a certain building and adjacent ground area 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. A.. DESCRIPTION OF LEA EO PREMISES Building T-302: Building 12,250 sq. ft. @ $.6461 per sq. ft. per year. Adjacent Land Area 24,784 sq. ft. @ $.0880 per sq. ft. per year. The above described building and land are located at the Lubbock International Airport, Lubbock County, Texas, and are more specifically described on Exhibit A attached hereto and by this reference made a part hereof. November 16, 1989 Page 910 B. PURPOSES The purposes for which LESSEE may use the Leased Premises described in paragraph A above are 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 said Airport. ARTICLE II A. The term of this Agreement shall commence on the 1st day of December, 1989, and end on the 30th day of November, 1992, subject, however, to earlier termination as hereinafter provided under Article VI. B. The parties hereto mutually agree that during the term of this Lease Agreement, the rental rate will be adjusted upward or downward for each ensuing year beginning in January 1990, in direct proportion to the fluctuation in the U. S. Department of Labor, Bureau of Labor Statistics Consumer Price Index. For the purpose of computing all adjustments, the Bureau of Labor Statistics Consumer Price Index as of January 1989, shall be construed as the base period. 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. ARTICLE III RENTALS AND FEES In consideration of the rights and privileges herein granted, LESSEE shall pay to the LESSOR the fallowing rentals and fees: A. A fuel flowage fee of four cent (4�) 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 therefor. LESSOR shall be entitled t 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. November 16, 1989 Page 911 B. Ground rental in the amount of TWO THOUSAND ONE HUNDRED EIGHT AND 99/100 DOLLARS ($2,180.99) per year for the land area of 24,784 square feet described in Article I, Paragraph A hereof as land adjacent to Building T-302, shown on Exhibit A hereto; which rental is computed at a rate of $.0880 per square foot per year; such ground rental shall be paid monthly in advance on the first (1st) day of each month at the rate of ONE HUNDRED EIGHTY-ONE AND 75/100 DOLLARS ($181.75) per month, which is a sum approximately equal to one -twelfth (1/12) of the annual ground rental due hereunder. C. Building rental in the amount of SEVEN THOUSAND NINE HUNDRED FOURTEEN AND 73/100 DOLLARS ($7,914.72) per year for Building T-302, which rental is computed at a rate of $.6461 per square foot per year; such building rental shall be payable in advance on the first (1st) day of each month at the rate of SIX HUNDRED FIFTY-NINE AND 56/100 DOLLARS ($659.56) per month, which is a sum approximately equal to one -twelfth (1/12) of said annual building rental due hereunder. D. TWO THOUSAND FIVE HUNDRED AND N01100 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 rentals 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 (1st) day of the month succeeding that in which the aircraft fuels and lubricants are received by LESSEE. Operators whose payments 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. ARTICLE IV OBLIGATIONS 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 Leased Premises 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 its operations at the Airport. D. NONDISCRIMINATION LESSEE, its successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree "as a covenant running with the land" that in the event facilities are constructed, maintained or otherwise operated on the Leased Premises for a purpose for which a Department of Transportation program or activity is extended, or for another purpose involving the provision of similar services or benefits, LESSEE shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, November 16, 1989 Page 912 Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. LESSEE, its successors in interest and assigns, as a part of the consideration hereof, does hereby further covenant and agree "as a covenant running with the land" that: (1) no person on the grounds of race, color, religion, sex or national origin shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (2) that in the construction of any improvements on, over or under such Leased Premises and the furnishing of services thereon, no person on the grounds of race, color, religion, sex or national origin shall be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination; (3) the Leased Premises shall be used in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 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 further agrees; 1. To furnish good, prompt and efficient services adequate to meet all the demands for its service at the Airport; 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 therefrom. 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 or operation November 16, 1989 Page 913 of the Leased Premises and Airport. LESSEE further agrees that in the event a civil penalty or fine is levied against the Airport 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 the full amount of the penalty or fine and correct the failure, act, or omission leading to, causing or contributing to the violation. J. Pal BLIC LIABILITY INSURANCE LESSEE will carry and maintain Public Liability Insurance in companies licensed to do business in the State of Texas for the protection of LESSOR, naming LESSOR as an insured and insuring against all claims, losses, costs and expenses 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 its agents, employees, patrons or other persons, and growing out of the use of the said Leased 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/I00 DOLLARS ($100,000.00), a liability limit on account of each accident resulting in bodily injury 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. LESSEE shall furnish evidence to LESSOR of continuance in force of said policies and said policies shall be so worded as to insure ten (I0) days notice to the LESSOR of cancellation or any modification of such policies. Said policies shall also be subject to the approval of LESSOR. K. HAZARQ ICI SURANC 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 $559.56 - $65,956.00. LESSEE shall furnish LESSOR with evidence that such coverage has been procured and is being maintained. L . INSpECT IO1 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. ON ITI NS OF F EMIS : INIPECTION LESSEE agrees that the Leased Premises under LESSEE'S control 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 . MAINTENAIJC LESSEE shall, at its sole cost and expense, maintain the Leased Premises in a presentable condition consistent with good business practice. LESSEE shall repair all damages to said Leased Premises caused by its 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 repaint Building 7-302 as necessary to maintain a clean and attractive appearance. November 16, 1989 Page 914 LESSOR shall be the sale judge of the quality of maintenance, and upon written notice by LESSOR to LESSEE, LESSEE shall be required to perform whatever maintenance 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. GARBAGE, 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 produced as a result of LESSEE'S operations 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. R. INDEMNITY LESSEE agrees to hold the City 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 or employees, and from all loss and damages by reason of negligence of the LESSEE, its agents, servants or employees. S . USE OF AIRPORT During the term of this Lease, LESSEE and its tenants shall have free use of, in common with others at the Airport, 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 manner so as to substantially affect the use of the Leased Premises or the operation of aircraft by LESSEE or its tenants, all fees during such period shall abate and the term of the Agreement shall, at the election of LESSEE, be extended for an equivalent period of time. T. WORKERS' COMPENSATIOM LESSEE shall furnish to LESSOR satisfactory evidence that it 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 November 16, 1989 Page 915 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 all terms and conditions of this Agreement. The LESSEE agrees to hold 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 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 the Leased Premises and through gates assigned to or controlled in whole or in part by LESSEE -so as to prevent unauthorized entry to the (AOA) by persons, animals or vehicles. In the event that unauthorized access to the (AOA) is gained through the Leased Premises or any area which 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 LESSEE, to maintain and keep in repair the landing 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 the Leased Premises. November 16, 1989 Page 916 D. 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 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 which in any way prevents or restrains the use of the Airport for at least thirty (30) days. 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. 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 conducting operations on the Leased Premises, for a period of three (3) months or more. B. TERMINATION BY LESSOR This Agreement shall be subject to cancellation by LESSOR 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 and Director of Aviation of the City of Lubbock. November 16, 1989 Page 917 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 of the contingencies enumerated in Article VI, Section B, numbered Paragraph I hereof, this Agreement shall be deemed to be breached by LESSEE and thereupon "ipso facto," and without entry or any other action by LESSOR, the 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 contingency. 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. 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 or 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 or observe any of the terms, covenants or conditions hereof to be performed, kept or observed. No waiver by LESSOR or 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 on the part of the LESSEE. C. OWNERSHIP 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 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 expense to remove and store LESSEE'S property within thirty (30) days, such property will be deemed abandoned and title will vest in LESSOR; however, this in no way relieves 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 �emains 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 the provisions of any existing or future agreement between the LESSOR and the Unite States, relative to the operation and maintenance of the Airport. November 16, 1989 Page 918 ARTICLE YII NOTICE 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 G & G Aero Service, Inc., P. 0. Box 10728, Lubbock, Texas 79408, 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 16th day of November, 1989. LESSOR: CITY OF LUBBOCK, TEXAS BY : /-s1 B— 0- M-cdinn- B. C. McMINN, MAYOR - ATTEST: /sf Rag_ette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Bern Case, Director of Aviation APPROVED AS TO FORM: ZsZ Harold Willard Harold Willard, Assistant City Attorney LESSEE: G & G AERQ SERVICE, INC. BY:/s/ Garr T. Bradley President ATTEST: This Lease is a renewal with G & G Aero Service. The requirements remain the same in the new Lease. The new Lease period is from December 1, 1989 to November 30, 1992. The building rate is $.6461 per square foot times 12,250 square feet; the land rate is $.088 per square foot times 24,784 square feet. The revenue will remain constant with the previous lease with the exception of the CPI increase effective January 1, 1990. According to Staff, G & G Aero Service, Inc. has been an effective airport tenant. Staff recommended approval of the new Lease. Motion was made by Councilmember Carpenter, seconded by Councilmember Maloy to authorize Resolution 03247 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48B-1918-672 ( 7.) Consider a Resolution authorizing the Mayor to execute a Contract for _continua�t_i.on..of .professional real estate services with Roy Middleton. This item was held. November 16, 1989 Page 919 89-488-919-673 ( 8•) 89-48B-1919-674 ( 9.) Consider Board of Health recommendation concerning request by WESTAF. During the November 9 Council meeting, Greg Garrison, Chairman of the Board of Health, presented a recommendation regarding request of WESTAF for $73,600 to establish a fully staffed separate office. The Board of Health recommendation was to fund a full- time position within the Health Department which would provide start-up administrative support to WESTAF and also provide assistance to other AIDS and health - related organizations. The Board recommended that all assistance to other agencies be provided through the Health Department and that all funds allocated by the City for public health be provided to the Health Department. The cost of a full-time AIDS Health Coordinator would be $27,464 for a period beginning January 1 through September 30, 1990. The second year cost would be $33,613. Staff advised that because it is early in this fiscal year, it is difficult to determine if expenses will be lower or revenues greater than estimated and therefore recommended that Council allocate a part of the General Fund Contingency Reserve to fund this amount. Motion was made by Councilmember Trejo seconded by Councilmember Patterson to allocate funding from General Fund Contingency Reserve as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. RESOLUTION #3248 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is herby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement by and between the City of Lubbock and HDR Engineering, Inc., for professional engineering services for the Lubbock Water Treatment Plant, 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 loth day of November, 19B9. ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Dan Hawkins Dan Hawkins, Director of Water Utilities AGREEMENT FILED WITH RESOLUTION /sZ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Is1 Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney November 16, 1989 Page 920 89-48B-420-575 (10.) In work Session on October 24, the City Council authorized Staff to negotiate a Contract with HDR Engineering, Inc. for the water Treatment Plant Evaluation Study to include: (1) Identification of general problems within the existing facilities. (2) Evaluation of raw and treated water chemical and physical quality. (3) Recommended treatment alternatives. (4) Evaluation of plant structures and equipment. According to Staff, the end product of the evaluation will be a comprehensive report which considers a 20- year long-range improvement period and which will contain recommendations for compliance with the Safe Drinking water Act, water quality aesthetic improvements, process improvements, and the rehabilitation of plant equipment and structures. A Contract has been negotiated with HDR Engineering, Inc, and was presented for Council consideration. Compensation for basic services will be on a per diem basis, not to exceed $127,500 and the Contract provides for reimbursement at cost of certain expenses related to the basic services performed. Reimbursable expenses, for such items as travel and chemical analyses, are estimated to be $37,500. The total cost of the evaluation study was estimated at $165,000. The study is to begin November, 1989 and the final report is to be completed in May, 1990. Staff recommended approval of this Contract. Motion was made by Councilmember Carpenter seconded by Councilmember Trejo to authorize Resolution 93248 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Consider Resolution #3249 authorizing City Manager to issue Notice of Intention to terminate a Management Agreement between the City and Standefer and Gray, RESOLUTION #3249 RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE NOTICE OF INTENTION TO TERMINATE A MANAGEMENT AGREEMENT BETWEEN THE CITY AND STANDEFEK & GRAY, INC., AND TO EXERCISE CITY`S OPTION TO PURCHASE DESIGNATED FARM EQUIPMENT AND MACHINERY WHICH IS NECESSARY FOR THE HEALTH AND SAFETY OF THE CITY IN THE PROPER MANAGEMENT OF 9q.!FT" nATERS. WHEREAS, the City of Lubbock and Standefer '. Gray, Inc. did enter into a Farm Management Agreement dated September 25, 1986; and WHEREAS, Section 24(f) authorized the City to terminate this contract upon giving thirty t30) days written notice to the operator (Standefer & Gray, Inc.); and WHEREAS, the City is desirous of taking this operation into the City and operating it accordingly; and November 16, 1989 Page 921 WHEREAS, the abave,mentianed contract further granted the City an option to purchase farm equipment and machinery in accordance with the terms of the aforementioned contract; and WHEREAS, said farm equipment and machinery is necessary for the health and safety of the City of Lubbock and its residents for the proper management of waste waters; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager is hereby authorized to issue written notice of termination of the aforementioned Management Agreement to Standefer & Gray, Inc. at the appropriate address designated in the aforementioned Contract of Sale. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager is authorized to exercise the option granted to the City in the aforementioned contract to purchase designated farm implements machinery and equipment necessary for the proper management of waste water distribution and to protect the health, safety and welfare of the community. Passed by the City Council this 16th day of November, 1989. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: /s/ Dan A -Hawkins _ _ /s/ Jahn C. Ross, . Jr.____ Dan A. Hawkins, Director of water John C. Ross, Jr. Utilities City Attorney The City of Lubbock entered into an Agreement with Standefer and Gray, Inc., to manage the City -owned Sewer Farm an September 25, 1986. This Agreement authorized Standefer and Gray to manage the ultimate disposal of the City's treated sewage effluent and established a management fee of $135,000 per year which covered the farm manager's salary and provided for payments equal to the computed depreciation an farm equipment owned by Standefer and Gray in return far utilizing this equipment in the operation of the farm. With the exception of the farm manager's salary, which is included in the $135,000 per year management fee, the current Contract provides that the City pay virtually all of the operating costs of the farm and in return, the City will receive all farm income. Expenses which are paid by the City include wages and benefits of employees, fuels, utilities, herbicides, pesticides, fertilizers and other chemicals, seeds and plant materials, insurance and bond costs, rental/lease of additional farm equipment, maintenance of farm machinery and equipment, additional expenses necessary to comply with applicable regulatory rules or regulations, maintenance of fences and other permanent improvements, subcontractor expenses (when approved by City), bookkeeping/accaunting expenses, and other reasonable expenses incurred by the operator in carrying out the obligations of the Contract. November 16, 1989 Page 922 Staff recommended that public's best interest Standefer and Gray and department. at this time it is in the to terminate the Contract with to make the transition to a City Assumption of the farming operation by the City of Lubbock essentially involves two major areas: Personnel and equipment. To provide continuity and expertise, Staff recommended that the present employees of Standefer and Gray be offered jobs as City employees. Further recommendation was that the farm machinery and equipment used by Standefer and Gray be purchased at its depreciated value. Personnel For several months, dater Utilities has worked with the Personnel Department to establish job classifications and formulate job descriptions for all farm employees. The staff at the farm consists of twelve full-time positions, including the farm manager, and two part- time positions and the recommendation is that the present staffing level be continued and that the salaries for all employees, with the exception of the farm manager, be established at a level where their net pay will not be decreased when they become City employees. Council was given a schedule showing salaries and benefits for all farm employees under the Standefer and Gray Contract and as City employees. The difference in salaries is due in part to setting salaries at a level to accommodate the City benefit package and not reduce the net pay for the employees. Under the City pay system, the net pay for nine employees would average a $177 per year increase. For two employees, the increase in net pay would be $1,346 per year. The difference in gross sal, yes is not as great as it appears because Standefer and Gray paid all of the FICA taxes, whereas City of Lubbock employees now pay one- half of the FICA taxes, which represents a cost of 7.51% of salary to the employee. (The Social Security contribution will go to 7.65% effective January 1, 1g90.) The establishment of proposed salaries for the various farm employees was complicated by the housing and vehicle benefits and allowances provided by Standefer and Gray. Some employees are furnished vehicles whereas others receive a vehicle allowance. It is necessary to have some employees (currently four) live on the farm for security purposes and for quick response to address problems arising from time to time. These employees will continue to live at the farm. Other employees under the Standefer and Gray Contract currently receive housing allowances to make their compensation packages equal to those living in the houses on the farm. One employee receives a $200 per month vehicle allowance and two employees receive a $100 per month truck -lease allowance. Another employee receives a $200 per month housing allowance to offset a $125 per month allowance for two employees who are furnished housing at the site. All of these factors were taken into account in setting the salaries and as City employees, those workers who furnish their own vehicles will receive a vehicle allowance until such time as they are assigned a City vehicle. November 16, 1989 Page 923 In evaluating the salaries of the farm workers, there was concern regarding overtime in that these employees typically work 70 hours and 40 hours on alternate weeks. However, these are agricultural workers and are exempt from overtime provisions of the U.S. Department of Labor. As City employees, the farm employees would came under the TMRS system. Since the salaries of all employees, except for the manager, would be adjusted to ensure that their net pay would remain the same, it is proposed that the TMRS cost to the City be partially recovered. To do this, employees would not be given a raise in pay until such time when their cumulative merit increases exceed 5% of their "adjusted" City pay. There are currently three. part-time farm workers. Two of these workers now earn $4.30 per hour and the third earns $4.50. It is proposed that part-time classification of farm worker be established with three pay steps of $4.32, $4.67 and $5.04 per hour. Since only two part-time employees have been budgeted for, and since one budgeted full-time farm worker is now vacant, a full-time farm worker will soon be hired and one part-time worker will be released. Even with the revised personnel salary package, the net cost to the City for farm operations will decrease because of the elimination of the management fee with the net savings for the first year estimated at $26,954. This amount would be reduced somewhat in the future as employees receive merit raises. Eoui nment, The Contract with Standefer and Gray provides that the City, at its option, may purchase the farm machinery and equipment at the depreciated value. A list of this equipment, showing the 1989 depreciated value and the depreciated value for December 18, 1989 was presented to Council. This equipment has been verified by an inventory performed by City staff and an independent appraiser performed an inventory analysis to confirm that the values shown are appropriate. The total value of this equipment is approximately $330,000; however, the actual payoff amount cannot be computed until ten days prior to the payoff date due to the bank accounting procedures which carry the loans on the five vehicles. Staff advised that December 18, 1989 is the date that payment for the equipment will be made if Council terminates the Contract with Standefer and Gray. Based upon the proposed staffing level and job classifications, considering that once the equipment is purchased the City will no longer pay equipment depreciation costs, and projecting that all other expenses will remain unchanged, should the farming operation become a City department the City will realize a net annual savings of $26,954 compared to the costs of operations under the Standefer and Gray, Inc. Contract. Staff advised further that should Council choose to terminate the Contract with Standefer and Gray, Inc., a 30-day notice could be served on November 17, 1989, with final payments for farm equipment due on December 89-48B-924-576 (11.) November 16, 1989 Page 924 18, 1989. Depreciation on the equipment between October 1 and December 18 will reduce the final payment for all equipment to approximately $330,000, Motion was made by Councilmember Carpenter, seconded by Councilmember Maloy to authorize Resolution #3249 terminating the Contract with Standefer and Gray and giving City authority to exercise option to purchase farm equipment needed. Motion carried: 7 Yeas; 0 Nays. Crisis Grant. RESOLUTION #3250 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 and all related documents during the effective dates of the Contract, by and between the City of Lubbock and the Texas Department of Community Affairs for energy crisis intervention for low income persons, 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 16th day of November, 1989. ATTEST: /s f Ranette Bgyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Js/ Vaughn Hendrie Vaughn Hendrie, Director of Community Relations CONTRACT FILED WITH RESOLUTION Is/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: lsl Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The City of Lubbock has received the 1989-1990 Contract from the Texas Department of Community Affairs for the Energy Crisis Intervention Program. The term of the Contract is October 1, 1989 to September 30, 1990 and funds available are $17,402 with anticipated additional funds to be provided later totalling $85,534. Of the total amount, 93.75% will be used for direct assistance to pay utility bills in emergency situations with the remaining 6.25% covering administrative costs of the program. Funds will be used to assist the elderly, handicapped and families with pre-school age children and to be eligible, families must be experiencing some extraordinary crisis that has depleted resources normally used to pay utility bills. Such instances include accidents or illness resulting in high medical bills, loss of employment, death or funeral expenses, unusually high utility bills resulting from severe weather, or termination of unemployment compensation. November 16, 1989 Page 925 Termination of utility service alone does pay reconnect fees or deposits. If necessary, Project Help money can be used for these expenses. Assistance is available to pay any utility bill, gas, electric, propane or water if a health -threatening condition is involved. The Community Services Department is required to determine eligibility and arrange for payment of utility bills within 48 hours of application. State funds are to be spent county -wide. Project Help money is spent within the City limits, primarily with City of Lubbock bills. Last year, a total of 299 families were assisted. Staff recommended approval of this Contract. Motion was made by Councilmember Patterson, seconded by Councilmember Trejo to authorize Resolution #3250 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48B-925- 677 (12.) Consider Ordinance #9319 establishing Military Service Credits wi_th_TMRS for City employees. ORDINANCE #9319 TEXAS MUNICIPAL RETIREMENT SYSTEM All ORDINANCE PERMITTING CERTAIN EMPLOYEES OF THE CITY OF LUBBOCK UNDER CERTAIN CONDITIONS TO ESTABLISH CREDIT IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM FOR ACTIVE MILITARY SERVICE PERFORMED AS A MEMBER OF THE ARMED FORCES OR ARMED FORCES RESERVES OF THE UNITED STATES OR OF AN AUXILIARY OF THE ARMED FORCES OR ARMED FORCES RESERVES; AND PRESCRIBING THE EFFECTIVE DATE OF THIS ORDINANCE. This proposed Ordinance will allow eligible employees in TMRS to purchase retirement credit for up to 60 months of prior active duty military service. The military service credit has been an option available through TMRS for a number of years, but Legislation enacted this year removed some of the previous restrictions on the credit and changed some provisions to conform with feoeral law. The funding mechanism for cities was also changed. This legislation was initiated and supported by the Texas Municipal Retirement System, and the actuarial firm which advises TMRS estimated that adoption would add .01% to .05% to the contribution rates of the adopting city. The military service credit operates as follows: Employees with at least ten years of credited service with TMRS may purchase up to five years (60 months) of active duty military service and apply that credit toward retirement. The member contributes $15 for each month of military service credit purchased, and the City matches that contribution (and accumulated interest) at 2:1. The City is required to match only if and when the employee retires and the required matching funds are added to the plan's unfunded liability which is amortized over a period of up to 25 years. This unfunded liability is reduced through the City's prior service contribution rate. A survey of employees was conducted in 1983 to determine the number of eligible employees and the November 16, 1989 Page 926 amount of credit which could be purchased and the information was updated recently to remove retired/terminated employees. Information on military service of employees hired since 1983 is not presently available; however, these employees would not be able to purchase the credit until 1993. Of the known employees who could purchase military credit, 59 are eligible to retire in FY 1990 and have a combined total of 2,010 months of military service. The FY 1990 maximum potential unfunded liability if these employees purchase their maximum credit and retire this year is $60,300 (2,010 x $15 x 2) and since the credit is "on deposit" for one year or less, it is assumed here that the City would be matching "principal" only. Review of the Updated Service Credit and Annuity Increase Study effective 1/1/90 indicates that an increase to the City's unfunded liability of $57,000 equates to approximately a .01% increase to the City's prior service contribution rate. The estimated unfunded liability of $60,300 would therefore result in a contribution rate increase of approximately .011%. The estimated cost for Fiscal Year 1990 would be $3,245, if adopted January 1, 1990, and this includes the increased cost for TMRS, as well as an equivalent percentage increase to the City's Fire Pension contribution. The calculation is provided below: % contribution rate increase 0.011% TMRS earnings in 1988 $32,610,725 Increased cost for City TMRS $3,587 Fire Pension earnings 1988 $6,718,348 Increased cost for Fire Pension $739 Total annual increase $4,326 Increase for FY 1990 (9 months) $3,245 Staff recommended approval of this Ordinance. Motion was made by Councilmember Phillips, seconded by Councilmember Patterson to authorize Ordinance #9319 as recommended by Staff. Motion carried: 6 Yeas; 1 Nay-- Councilmember Carpenter. 89-48B-926-679 (13.) Consider Resolution 03251 authorizing the Mayor to execute an Agreement with Brazos River Authority regarding tax exemption. RESOLUTION #3251 RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF LUBBOCK TO EXECUTE AN AGREEMENT WITH BRAZOS RIVER AUTHORITY REGARDING TAX EXEMPTION WHEREAS, the Brazos River Authority (the "Authority") has authorized the issuance of its Special Facilities (Lake Alan Henry) Revenue Bonds, Series 1989 (the "Bonds") for the purpose of constructing a reservoir (the "Project") on the south fork of the double mountained fork of the Brazos River to provide a long-term, firm supply of surface water to the City of Lubbock, Texas ("Lubbock"); and WHEREAS, the Authority and Lubbock have entered into a contract dated May 11,. 1989, which provides, among other things, for the Authority to construct the Project and operate and maintain it on the land acquired by Lubbock and pursuant to easements granted to the Authority; and November 16, 1989 Page 927 WHEREAS, the Authority has agreed to sell to Lubbock and Lubbock has agreed to buy from the Authority and to pay as provided in the contract, whether such water is actually used or not, the entire amount of the water which can be supplied from the Project; and WHEREAS, the payments received by the Authority with respect to such sale will be used for the payment of debt service on the Bonds; and WHEREAS, it is appropriate that Lubbock and the Authority enter into an agreement whereby Lubbock agrees to refrain from any action which would adversely affect, or to take such action to ensure, the treatment of the Bonds as obligations described in section 103 of the Internal Revenue Code of 1986, the interest on which is not includable in the "gross income" of the holder for purposes of federal income taxation; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. The Mayor is authorized to enter into an agreement with the Authority, and the City Secretary is authorized to affix the seal of the City thereto and attest such agreement, being substantially in the form attached hereto as Exhibit A and made a part hereof. 2„ The Mayor and other officers and employees of the City are hereby authorized to take such further action as shall be appropriate or necessary to carry out the intent and purposes of said agreement. AGREEMENT BETWEEN BRAZOS RIVER AUTHORITY AND CITY OF LUBBOCK, TEXAS REGARDING TAX EXEMPTION WHEREAS, the Brazos River Authority (the "Authority") has authorized and issued its Special Facilities (Lake Alan Henry) Revenue Bonds, Series 1989 (the "Bonds") for the purpose of constructing a reservoir (the "Project") on the south fork of the double mountained fork of the Brazos River to provide a long-term, firm supply of surface water to the City of Lubbock, Texas ("Lubbock"); WHEREAS, the Authority and Lubbock have entered into a contract dated May 11, 1989, which provides, among other things, for the Authority to construct the Project and operate and maintain it on the land acquired by Lubbock and pursuant to easements granted to the Authority; WHEREAS, the Authority has agreed to sell to Lubbock and Lubbock has agreed to buy from the Authority and to pay as'provided in the contract, whether such water is actually used or not, the entire amount of the water which can be supplied from the Project; and WHEREAS, the payments received by the Authority with respect to such sale will be used for the payment of debt service on the Bonds; THE AUTHORITY AND LUBBOCK DO HEREBY AGREE AS FOLLOWS: 1„ Lubbock agrees to refrain from any action which would adversely affect, or to take such action to ensure, the treatment of the Bonds as obligations described in Section 103 of the Code, the interest on which is not includable in the "gross income" of the holder for purposes of federal income taxation. 2. In furtherance thereof, Lubbock agrees as follows: (a) to take any action to assure that no portion of the proceeds of the Bonds received by Lubbock or no more than five percent of the output recedived by Lubbock from the Project are used for any "private business use", as defined in section 141 (b) (6) of the Code or, if more than 5 percent of the output is so used, that amounts, whether or not received by Lubbock, with respect to such private business use, do not, under the terms of the Resolution adopted by the Authority or any underlying arrangement, directly or indirectly, secure or provide for the payment of more than 5 percent of the debt service on the Bonds, in contravention of section 141 (b) (2) of the Code; November 16, 1989 Page 928 (b) to refrain from taking any action which would otherwise result in the Bonds being treated as "private activity bonds" within the meaning of section 141 (b) of the Code; (c) to refrain from taking any action that would result in the Bonds being "federally guaranteed" within the meaning of section 149 (b) of the Code; (d) to refrain from using any portion of the proceeds of the Bonds or amounts treated as proceeds of the Bonds, directly or indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire investment property (as defined in section 148 (b) (2) of the Code) which produces a materially higher yield over the term of the Bonds, other than investment property acquired with -- (1) proceeds of the Bonds invested for a reasonable temporary period of 3 years or less until such proceeds are needed for the purpose for which the bonds are issued, (2) amounts invested in a bona fide debt service fund, within the meaning of section 1.103-13 (b) (12) of the Treasury Regulations, and (3) amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed 20 percent of the proceeds of the Bonds; (e) to otherwise restrict the use of the proceeds of the Bonds or amounts treated as proceeds of the Bonds, as may be necessary, so that the Bonds do not otherwise contravene the requirements of section 148 of the Code (relating to arbitrage) and, to the extent applicable, section 149 (d) of the Code (relating to advance refundings); (f) to take such action as necessary to assist the Authority in paying to the United States of America at least once during each five-year period (beginning on the date of delivery of the Bonds) an amount that is at least equal to 90 percent of the "Excess Earnings", within the meaning of section 148 (f) of the Code and to pay to the United States of America, not later than 60 days after the Bonds have been paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings under section 148 (f) of the Code; and (g) to maintain such records as will enable Lubbock to fulfill its responsibilities under this section and section 148 of the Code and to retain such records for at least six years following the final payment of principal and interest on the Bonds. 3. It is the understanding of the Authority and Lubbock that the covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto. In the event that regulations or ruling are hereafter promulgated which modify, or expand provisions of the Code, as applicable to the Bonds, Lubbock will not be required to comply with any covenant contained herein to the extent that such failure to comply, in the opinion of nationally -recognized bond cousenl, will not adversely affect the exemption from federal income taxation of interest on the Bonds under November lb, 1989 Page 929 section 103 of the Code. In the event that regulations or rulings are hereafter promulgated which impose additional requirements which are applicable to the Bonds, Lubbock agrees to comply with the additional requirements to the extent necessary, in the opinion of nationally - recognized bond counsel, to preserve the exemption from federal income taxation of interest on the Bonds under section 103 of the Code. Dated Dated: November 16, 1989 APPROVED AS TO CONTENT: /s/ Robert Massengale Robert Massengale BRAZOS RIVER AUTHORITY /s/ Carson Hoge Carson Hoge, General Manager CITY OF LUBBOCK, TEXAS /sZ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ John C. Ross, Jr.,p John C. Ross, Jr., City Attorney CERTIFICATE FOR RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF LUBBOCK TO EXECUTE AN AGREEMENT WITH BRAZOS RIVER AUTHORITY REGARDING TAX EXEMPTION THE STATE OF TEXAS COUNTY OF LUBBOCK CITY OF LUBBOCK We, the undersigned officers of the City of Lubbock, Texas, hereby certify as follows: I. The City Council of said City convened in Regular Meeting on the 16th day of November, 19B9, at the City Hall, and the roll was called of the duly constituted officers and members of said City Council, to -wit: B. C. "Peck" McMinn, Mayor Ranette Boyd, City Secretary Joan Baker George Carpenter Bill Malay T. J. Patterson Gary D. Phillips Maggie Trejo and all of said persons were present, except the following absentees: None, thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF LUBBOCK TO EXECUTE AN AGREEMENT WITH BRAZOS RIVER AUTHORITY REGARDING TAX EXEMPTION was duly introduced for the consideration of said City Council for adoption. It was then duly moved and seconded that said Resolution be adopted; and, after due discussion, said motion, carrying with it the adoption of said Resolution, prevailed and carried by the following vote: 7 voted "For, 0 voted "Against", 0 Abstained, all as shown in the official Minutes of the City Council for the Meeting held on the aforesaid date. 2. That a true, full, and correct copy of the aforesaid Resolution adopted at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Resolution has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full, and correct excerpt from said City Council's minutes of said Meeting pertaining to the adoption of said Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of said City Council as indicated therein; and that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the aforesaid Meeting, and that said Resolution would be introduced and November 16, 1989 Page 930 considered for adoption at said Meeting; and that said Meeting was open to the public, and public notice of the time, place, and purpose of said Meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252- 17. 3. That the City Council of said City has approved, and hereby approves, the aforesaid Resolution; that the Mayor and the City Secretary of said City have duly signed said Resolution; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Resolution for all purposes. SIGNED AND SEALED the 16th day of November, 1989. Is/ Ranettg Boyd /sl B. C. McMinn City Secretary Mayor This Agreement was prepared and submitted by the bond counsel for the Brazos River Authority and the purpose of the Agreement is to assure the Brazos River Authority and its bond holders that the City of Lubbock will not take action to jeopardize the tax exemption status of the bonds for the Lake Alan Henry project. The overall spirit of the Resolution is that the project is for public purposes and will not benefit private activity in any material amount. The Agreement has been reviewed by the City of Lubbock's bond counsel and the staff, and it was recommended approval. Motion was made by Mayor Pro Tem Baker, seconded by Councilmember Patterson to authorize Resolution #3251 as recommended by Staff, Motion carried: 7 Yeas; 4 Nays. 89-48B-930 -679 (14.) BID #10408--Annual pricing for water treatment chemicals {Water Treatment). DPC Industries, Inc.--300 ea. 1-Ton Liquid Chlorine; 300 ea. 150 lbs. Cylinders Chlorine Bailey County. Big 3 Industries--160 ea. I50 lbs. Cylinder Liquid Chlorine. Russ Chemical--600 Tn. Liquid Aluminum Sulfate. Van Waters & Rogers--30 Tn. Bulk Potassium Permanganate; 6 Tn. Potassium Permanganate in Drums; 2a Tn. Powdered Activated Carbon. Weskem, Inc.--300 Tn. Ferric Sulfate. Motion was made by Councilmember Carpenter, seconded by Mayor Pro Tem Baker to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. November 16, 1989 Page 931 89-48B-931-.680 (15.' BID #10336--Annual pricing for anti -freeze Gana e Part Scoggin Dickey Buick GMC--3,000 G1. Anti -Freeze in One Gallon Containers; 220 G. Anti -Freeze in 55 Gallon Drums. Motion was made by Councilmember Carpenter, seconded by Mayor Pro Tem Baker to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 89-48B-931 - 681 (16.) BID #10389--Traffic sign post {Central Warehouse). W & N Steel Co,--600 ea. 2" Galvanized Sign Post. Motion was made by Councilmember Carpenter, seconded by Mayor Pro Tem Baker to authorize low bid meeting , specifications. Motion carried: 7 Yeas; 0 Nays. 89-48B-931 -682 (17.) BID #10347A--Paratransit vehicles (Citibus). Lasseter Bus Co., Inc.--3 ea. Paratransit Vehicles. Motion was made by Councilmember Carpenter, seconded by Mayor Pro Tem Baker to authorize low bid meeting specifications. Motion carried: 7 peas; 0 Nays. (18.) Hold an Executive Session on personnel matters to discuss duties -and -appointments to: Joint Airport Zoning Board Planning and Zoning Commission Neighborhood Redevelopment Southeast Lubbock Development Corporation Parks and Recreation Board Board of City Development 89-48B-931.. 683 (19.) Consider two appointments to the Joint Airport Zoning Board. The terms of Buddy -Barron and E. Jack Brown will expire on NovemuLr 14 1989. Motion was made by Councilmember Phillips seconded by Councilmember Patterson to reappoint Buddy Barron and E. Jack Brown to the Joint Airport Zoning Board. Motion carried: 7 Yeas; 0 Nays. November 16, 1989 Page 932 89-488-932--684 (20.) 89-48B-932-685 (21.) 89-48B-932 _686 (22.) 89-48B-:932 -687 (23.) 89-48B- 932- 68F (24.) Motion was made by Councilmember Phillips, seconded by Councilmember Patterson to reappoint Edwin Scott and Kyle Fulton and to appoint Gilbert Flores to replace Paulina Jacobo and Dan Barnett to replace Norman Igo on the Planning and Zoning Commission. Motion carried: 7 Yeas; 0 Hays. Consider four appointments to the Neighborhood Redevelopment Commission. The terms of Eddie Richardson, Jack R. Thompson, Craig Coles,_and_Benny-.R. Aguilar will expire on November 26, 1989. Motion was made by Councilmember Phillips, seconded by Councilmember Trejo to reappoint Eddie Richardson, Jack R. Thompson, Craig Coles, and Benny R. Aguilar to the Neighborhood Redevelopment Commission. Motion carried: 7 Yeas; 0 Hays. The Southeast Lubbock Development Corporation currently has 20 parcels of land within their inventory. Only one parcel of land has been sold within the last three years. The Community Development Department currently serves in an administrative support function for the Southeast Lubbock Development Corporation. Motion was made by Councilmember Phillips. seconded by Councilmember Patterson to reappoint Earl Ince, Jr., Octavia Givens, Harold Chatman, and Doug Boren on the Southeast Lubbock Development Corporation. Motion carried: 7 Yeas; 0 Hays. Consider one appointment to the Parks and .Recreation Board to fill the unexpired term of Ph" Hoel. Motion was made by Councilmember Phillips, seconded by Councilmember Trejo to appoint Joe May to fill the unexpired term of Phil Hoel on the Parks and Recreation Board. Motion carried: 7 Yeas; 0 Hays. Consider ten appointments to the Board of City Development. Motion was made by Councilmember Phillips, seconded by Councilmember Patterson to reappoint Adolph Hanslik, Ron Guajardo, and John Malouf and hold appointments for the remaining seven positions on the Board of City Development. Motion carried: 7 Yeas; 0 Hays. November 16, 1989 Page 933 There being no further business to come before the Council, motion was made by Councilmember Maloy, seconded by Councilmember Patterson to adjourn the meeting at 11:27 a.m. Motion carried: 7 Yeas; 0 Nays. -B. C. McMINN, MAYOR (11 Ranet a Boy , City Se etary READ AND APPROVED THIS 7TH DAY OF DECEMBER, 1989. C B. C. MCMI N, MAYOR ATT T: Ran to "Cityary 0