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Home My WebLink AboutMinutes - City Council - Regular - 12/7/1989Page 934 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING DECEMBER 1, 1989 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 1th day of December, 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 Robert Massengale. ( 2.1 The Pledge of Allegiance was given in unison by those in the Council Chambers. 3.) Motion was made by Councilmember Patterson, seconded by Councilmember Carpenter to approve the Minutes of the November 16, 1989 Regular City Council meeting as written. Motion carried: 1 Yeas; 0 Nays. ( 4.) 89-48B-934-689 ( 5.) 89-48B-934-690 ( 7.) Board Appointments Presentation of Honorary Citizenship Certificates to international students. Chuck Kershner appeared on behalf of Lubbock General Hospital Pediatrics Unit to request a Loudspeaker Permit for December 15, 1989 at the Four -Bar K Ranch in conjunction with a barbecue and dance. Staff comments indicated that Mr. Kershner had been sent a letter requesting that original signatures be provided on the petition, and as of the meeting, further information had not been received from Mr. Kershner. According to the Ordinance regulating issuance of Loudspeaker Permits, each request should be separately surveyed to determine neighborhood position. When questioned by Council, Mr. Kershner stated that the citizens signing the last petition indicated their consent for future parties. Mr. Kershner said that maybe a letter could be drawn up for him to circulate which would cover future requests. Page 934 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING DECEMBER 1, 1989 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 7th day of December, 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 Robert Massengale. ( 2.1 The Pledge of Allegiance was given in unison by those in the Council Chambers. [ 3.) Motion was made by Councilmember Patterson, seconded by Councilmember Carpenter to approve the Minutes of the November 16, 1989 Regular City Council meeting as written. Motion carried: 1 Yeas; 0 Nays. ( 4.) 89-488-934-689 ( 5•) 89-488-934-690 ( 7.) Board Appointments Presentation of Honorary Citizenship Certificates to international students. Chuck Kershner appeared on behalf of Lubbock General Hospital Pediatrics Unit to request a Loudspeaker Permit for December 15, 1989 at the Four -Bar K Ranch in conjunction with a barbecue and dance. Staff comments indicated that Mr. Kershner had been sent a letter requesting that original signatures be provided on the petition, and as of the meeting, further information had not been received from Mr. Kershner. According to the Ordinance regulating issuance of Loudspeaker Permits, each request should be separately surveyed to determine neighborhood position. When questioned by Council, Mr. Kershner stated that the citizens signing the last petition indicated their consent for future parties. Mr. Kershner said that maybe a letter could be drawn up for him to circulate which would cover future requests. 89-4vB-935-691 " 8.) 89-48B 435--692 ( 9.) December 7, 1989 Page 935 Mayor McMinn Stated that the Ordinance has to be uniformly applied, but that a letter or petition of that type might be possible. Councilmember Carpenter requested that Mr. Kershner work with City Staff to draw a petition or letter covering future events, and Mr. Kershner agreed. Motion was made by Councilmember Trejo, seconded by Councilmember Patterson approving issuance of a Loudspeaker Permit to Lubbock General Hospital Pediatrics Unit for December 15, 1989 at the Four - Bar K Ranch, only on condition that a petition for this event and containing original signatures be submitted before issuance of the Loudspeaker Permit. Motion carried: 7 Yeas; O Nays. Chuck Kershner appeared to request a Loudspeaker Permit on behalf of Youth for Understanding for December 16, 1989 at the Four -Bar K Ranch. Mr. Kershner will entertain foreign exchange students from the high schools within the Lubbock Independent School District. As in Item 7 above, Staff comments indicated Mr. Kershner had been sent a letter requesting that original signatures be provided on their petition, and as of the meeting, further information had not been received from Mr. Kershner. Motion was made by Councilmember Trejo, seconded by Councilmember Patterson approving issuance of a Loudspeaker Permit to YFO for December 16, 1989 at the Four -Bar K Ranch, only on condition that a petition for this event and containing original signatures be submitted before issuance of the Loudspeaker Permit. Motion carried: 7 Yeas; O Nays. ORDINANCE #9319--EstablishingMilitar Service Credits with TMRS for City em la ees. TEXAS MUNICIPAL RETIREMENT SYSTEM AN ORDINANCE PERMITTING CERTAIN EMPLOYEES OF THE CITY OF LUBBOCK UNDER CERTAIN CONDITIONS TO ESTABLISH CREDIT IN THE TEXAS MUNICIPAL RET1'.REMENT 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. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Baker to pass on second and final reading Ordinance #9319 as recommended by Staff. Motion carried: 6 Yeas; 1 Nays--Councilmember Carpenter. 89-4,8B-9357693 (11.) December 1, 1989 Page 936 RESOLUTION #3252 A RESOLUTION ACCEPTING IMPROVEMENTS AS LISTED BELOW: WHEREAS, the City of Lubbock heretofore entered into a Contract with Williams & Peters Construction Company, Inc. for the making of paving improvements in said City including among others the following: K. N. Clapp Park Parking Lot Renovation WHEREAS, the construction of the above improvements on the above - mentioned parking lot 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 terms of said Contract, Project No. 9421; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said parking lot BE and the same are hereby accepted and the City Engineer BE and he is hereby authorized to direct the final payment to the contractor in the amount of $4,411.25. SECTION 2. THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 1th day of December, 1989. ATTEST: / sL tanette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Zs L_arry Hertel Larry Hertel, City Engineer 89-48B-936--694 (12.) Isj B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: IsZ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney This is a routine acceptance of the reconstruction of the parking lot in K.N. Clapp Park adjacent to the swimming pool and Santa Lanr!. The original Contract was in the amount of $11,938.55, and with Change Order No. 1 adding $10,488, the total was $88,426.55. The final cost is $88,344.90, and final payment to the contractor will be due upon this acceptance in the amount of $4,417.25. Staff recommended approval. Motion was made by Councilmember Patterson, seconded by Councilmember Phillips to authorize Resolution #3252 as recommended by Staff. Motion carried: 1 Yeas; 0 Nays. RESOLUTION #3253 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 December 7, 1989 Page 937 Change Order No. 1 to Project No. 9474 to be entered into by and between said City of Lubbock and Kerr Construction Company, Inc., related to 82nd Street strip paving from I-27 to Quirt Avenue, 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 7th day of December, 1989. ATTEST: /s1 Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is Larry V. Hoffman Larry V. Hoffman, Director of Transportation /s B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Is1 J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney TO: Kerr Construction Co., Inc. P.O. Box 8B8 Lubbock, Texas 79408 Gentlemen: CHANGE ORDER NO. 1 TO PROJECT NUMBER 9474 WHEREAS, it is desirable to make changes in the plans and specifications for this project, being namely Change Order No. 1. Original Amount of Contract $285,518.65 Increased by Change Order No. 1 15 600.00 Total Amount of Contract 301,118.65 Construction completion time is extended fifteen (15) working days for a total of one hundred thirty-five (135) working days. THIS AGREEMENT WITNESSETH: In consideration of the mutual advantages gained, the Owner and the Contractor agree to the change shown herein and in the revised plans, the Owner agrees to pay the Contractor the amount of increase in cash. The Contractor agrees to proceed with construction and to adhere to applicable specifications, under the direction of the Engineer. Furthermore, the parties agree that the original contract between the Owner and the Contractor shall be modified to the extent herein indicated, including one (1) attachment. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this 7th day of December, 1989. KERR CONSTRUCTION CO., INC. (Contractor) By: Is/ Ken Hancock TITLE: President Ken Hancock Kerr Construction Co., Inc. CITY OF LUBBOCK (Owner) By: Is/ B. C :'.cMinn ATTEST: /s/ Ranette Boyd B. C. McMinn Ranette Boyd Mayor City Secretary December 7, 1989 Page 938 RECOMMENDED FOR APPROVAL Is1 Jim Bertram Jim Bertram Assistant City Manager s Larry V. Hoffman_ Larry V. Hoffman Director of Transportation Js/ Carroll McDonald Carroll McDonald Assistant City Manager Is/ Larry Hertel Larry Hertel City Engineer 82ND STREET STRIP PAVING FROM I-27 TO QUIRT AVENUE PROJECT NUMBER 9474 CHANGE ORDER NO. 1 Paving for LP&L CoGeneration Plant Lump Sum - $15,600 This Change Order to pave an area in, around, and under the substation equipment at the CoGeneration Plant on the Texas Tech campus was requested by Lubbock Power and Light. The estimated amount of this Change Order is $15,600, and adding it to the original Contract ($285,518.65) increased the total to $301,118.65 and extended the time of completion by 15 working days for a total of 135 working days. Staff recommended approval. Motion was made by Councilmember Carpenter, seconded by Councilmember Trejo to authorize Resolution #3253 as recommended by Staff. Motion carried: 7 Yeas; 0 Hays. 89-48B-°38--695 (13.) Consider Resolution #3254 authorizing the Mayor to execute a Letter of Agreement with Burlington Northern Railroad for a drainage structure. RESOLUTION #3254 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a letter agreement between said City (as Permittee) and Burlington Northern Railroad Company (as Permitter) granting the City permission to use certain railroad right-of-way near 58th Street and Quirt Avenue for a drainage structure in the City of Lubbock, Lubbock County, Texas, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a Part of this Resolution as if fully copied herein in detail. Passed by the City Council this 7th day of December, 1989. ATTEST: Is/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: �s Ed Buc Ed Bucy, Right -of -Way Agent /s1 B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Isj J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney December 1, 1989 Page 939 BURLINGTON NORTHERN RAILROAD 1680 CONTINENTAL PLAZA 111 MAIN STREET FORT WORTH, TEXAS 76102 November 8, 1989 Mr. Ed C. Bucy Right -of -Way Agent City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Dear Mr. amucy: Regarding the City of Lubbock's interest in obtaining a permit for the purpose of constructing a drainage structure along and across Burlington Northern Railroad Company's right-of-way near Quirt Avenue in Lubbock, Texas Permission is hereby granted to the City of Lubbock ("City") to enter upon Burlington Northern Railroad's ("Railroad") right-of-way at the location shown colored in red on the attached print dated August 2, 1989, near 58th St. and Quirt Ave., for the purpose as stated above under the following terms and conditions: 1. The permission hereby granted is subject to existing leases, licenses and permits heretofore granted by Railroad or its predecessors in interest, affecting the premises involved. 2. All construction, maintenance and improvements of said drainage structure shall be done at no expense to the Railroad. 3. The City will install and construct a drainage channel across the right-of-way as shown colored red on Exhibit "A" dated, August 2, 1989 and made a part of this agreement. 4. The Railroad will install a 42" x 29" x 40' drainage pipe arch within easement area. Actual cost of construction will be paid by the City, within thirty (30) days, upon presentation of state- ment of charges from the Railroad. 5. Railroad for and in consideration of the sum of $1,000.00 will grant to the City, by separate instrument, a permanent easement for an encroachment upon its right-of-way for drainage purposes only, all as shown colored red on Exhibit "A" attached. 6. If it is necessary to remove any right-of-way fences, they shall be restored to the same condition as they were prior to entry on said premises by the City or its contractors. 1. The City agrees to be responsible for its own employees and equip- ment insofar as it may legally do so. 8. All work shall be done in a good and workmanlike manner so as not to interefere with the tracks, operation of trains and communica- tion facilities of Railroad. 9. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration of said drainage easement shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Railroad; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Rail- road, the City shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre- existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Railroad, such extensions to be of adequate sectional dimensions to preserve the present flowage December 7, 1989 Page 938 RECOMMENDED FOR APPROVAL Is1 Jim Bertram Jim Bertram Assistant City Manager �LarrLV. Hoffman_,, Larry V. Hoffman Director of Transportation Is1 Carroll McDonald Carroll McDonald Assistant City Manager Is/ Larry Hertel Larry Hertel City Engineer 82ND STREET STRIP PAVING FROM I-27 TO QUIRT AVENUE PROJECT NUMBER 9474 CHANGE ORDER NO. 1 Paving for LP&L CoGeneration Plant Lump Sum - $15,600 This Change Order to pave an area in, around, and under the substation equipment at the CoGeneration Plant on the Texas Tech campus was requested by Lubbock Power and Light. The estimated amount of this Change Order is $15,600, and adding it to the original Contract ($285,518.65) increased the total to $301,118.65 and extended the time of completion by 15 working days for a total of 135 working days. Staff recommended approval. Motion was made by Councilmember Carpenter, seconded by Councilmember Trejo to authorize Resolution #3253 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48B-°38--695 (13.) Consider Resolution #3254 authorizing the Mayor to execute a Letter of Agreement with Burlington Northern Railroad for a drainage structure. RESOLUTIDN #3254 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a letter agreement between said City (as Permittee) and Burlington Northern Railroad Company (as Permitter) granting the City permission to use certain railroad right-of-way near 58th Street and Quirt Avenue for a drainage structure in the City of Lubbock, Lubbock County, Texas, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a Part of this Resolution as if fully copied herein in detail. Passed by the City Council this 7th day of December, 1989. ATTEST: Ls/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: �s Ed Buc Ed Bucy, Right -of -Way Agent /s1 B. C. McMinn B. C. MCMINN, MAYOR APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney December 7, 1989 Page 940 of drainage or other waters, and of materials and workmanship equally as good as those now existing. 10. City, in its acceptance hereof, hereby agrees to indemnify and save harmless Railroad, from and against all lawful claims, demands, judgments, losses, costs and expenses, for injury to or death of the person or loss or damage to the property of any person or persons whomever, including the parties hereto, in any manner arising from or growing out of the acts of omissions, negligent or otherwise of City, its successors, assigns, licensees and invitees or any person whomsover, in connection with the entry upon, occupation or use of the said premises herein described, including but not limited to that of the location, construction, operation, restoration, repair, renewal, or maintenance of said drainage structures and easement area upon the herein described premises or otherwise. 11. For so long as this easement shall survive, all contracts between the City and its contractor, for either the construction herein provided for or maintenance work on the drainage structures within any easement area described herein or shown on the exhibit attached hereto, shall require the contractor to protect and hold harmless the Railroad and any other railroad company occupying or using the Railroad's right of way or lines of railroad against all loss, liability and damage arising from activities of the contrac- tor, its forces or any of its subcontractors or agents; and as further consideration shall require its contractor to secure a policy of insurance satisfactory to the Railroad. A certificate evidencing this policy shall be furnished to the Railroad prior to performance of any work provided for in this agreement. If the City, its contractor, subcontractors or agents, in the performance of the work herein provided or by the failure to d❑ or perform anything for which it is responsible under the provi- sions hereof, shall damage or destroy any property of the Railroad such damage or destruction shall be corrected by the City in the event its contractor or the insurance carriers fail to repair or restore the same. 12. The City shall give 48 hours' advance notice to Railroad Division Superintendent, Mr. A. J. Thompson at 6851 N.E. Loop 820, Suite 300, Fort Worth, Texas 76180, before any work is commenced. We are forwarding this letter in duplicate. If the terms and conditions are agreed to, will you please arrange for acceptance on behalf of the City of Lubbock Texas in the space provided below. One copy of the signed "Letter Agreement" should then be returned to us along with draft or warrant voucher in the amount of $1,000.000, to cover consideration for the easement to be granted. Sincerely, LsLJ. J. O'Neil J. J. O'Neil Regional Manager - Real Estate JJO/msb Attachment cc: Don Tate -Division Engineer, Ft. Worth, Texas The above terms and conditions are hereby accepted and agreed to: CITY OF LUBBOCK, TEXAS By: /s/ B. C. McMinn ... Title: MAYOR Date: December 7, 1989 89-48B-941-696 (14.) December 7, 1989 Page 941 On November 17, 1988, the City of Lubbock passed Resolution #2955 making an offer to Burlington for a 20' X 250' Drainage Easement located at approximately 5800 Quirt Avenue on the west side of the road for the Quirt Avenue Widening Project. However, due to the fact that a part of Burlington's track crossed over this Easement and would require a drainage pipe arch, a Letter of Agreement was necessary. This Agreement gives the City permission to enter Burlington's property and construct a drainage channel, while the railroad will construct and install the drainage pipe arch. The Agreement is acceptable by both parties, as well as the City Attorney's Office. The estimated cost for the drainage arch is $4,000 to be paid by the City. Also, Staff will pay $1,000 counter-offer for the actual Drainage Easement ($298 more than the original offer). Williams and Peters Construction Company is doing the construction work of widening Quirt Avenue as well as the construction of the drainage channel. This Letter of Agreement also holds harmless Burlington from any claims by the City or Williams and Peters. Staff recommended approval. Motion was made by Councilmember Patterson, seconded by Councilmember Trejo to authorize Resolution #3254 as recommended by Staff. Motion carried: 7 Yeas; 0 Hays. Project). RESOLUTION #3255 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, safety and welfare demand and create a public necessity for the acquisition of the fee simple title and easement title to additional land for municipal public uses and purposes, to -wit: for fee simple title to land for reservoir area and road parcels, and any other lawful purpose in connection with the extension of the water works system of the City of Lubbock, and for easement title to land for flood and restrictive easement purposes, which easement grants City; (a) the right to intermittently overflow, flood or cover such land, at any time with flood, slack or backwater created by construction, maintenance and operation by City of its proposed Lake Alan Henry Reservoir, also known as the Justiceburg Dam and the Reservoir and for the storage of water created by the construction of the Dam; (b) the right to enter upon said land, with due notice and without loitering, to clear, destroy or dispose of any timber, brush, obstruction, accumulation, trash, filth or any other thing which would in any way interfere with the construction, maintenance and operation of such dam and reservoir or tend to render the same unsafe or unsanitary and to prevent the drainage or dumping of refuse, sewage or other material into such reservoir and to carry out an adequate program of pollution control; and (c) the right to prevent the construction of, or the removal, with due notice, of any structure of facility located or to be located on said land, in connection with the extension of the water works system of the City of Lubbock, and the City December 7, 1989 Page 942 Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of land as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described tract of land, designated as "RESERVOIR AREA" located in Garza County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: RESERVOIR AREA FIELD NOTES on a 2.33 acre tract of land out of the Southwest 1/4 of Section 117, Block 5, H. & G.N. R.R. Co. Survey, Garza County, Texas and being more particularly described as follows: BEGINNING at a 112" iron rod, set at the intersection of the South lime of said Section 117, with contour elevation 2220, Mean Sea Level, National Geodetic Vertical Datum of 1929, (MSL, NGVD 1929) whence the Southwest corner of said Section 117, a 1 1/4" iron pipe, as set by F.M. German in 1895, bears North 881121'20" West, a distance of 2362.56 feet, said corner being the common corner of Sections 116, 117, 135 and 136; THENCE along said contour election 2220, MSL, NGVD 1929, the following meandered courses and distances: North 16107'35" East, a distance of 56.81 feet; North 051,34'I0" East, a distance of 106.83 feet; North 51115'03" East, a distance of 47.12 feet; North 4304153" West, a distance of 77.87 feet; North 18�23'00" East, a distance of 44.43 feet; South 892:47'23" West, a distance of 79.30 feet; North 561'54'59" West, a distance of 117.21 feet; North 881259'20" West, a distance of 100.13 feet; South 16z51'57" West, a distance of 48.48 feet; South 74Y14'53" West, a distance of 116.72 feet; South 621259124" West, a distance of 94.01 feet; South 83152'42" West, a distance of 54.82 feet; North 561206'25" West, a distance of 265.89 feet; North 21125130" West, a distance of 66.83 feet; North 721209'22" West, a distance of 18.88 feet to a set 112" iron rod; South 361214'45" West, a distance of 18.45 feet; South 27152'24" East, a distance of 60.48 feet; South 47151'59" East, a distance of 87.38 feet; South 37z19'40" East, a distance of 153.77 feet; South 42�39'18" West, a distance of 29.07 feet; South 39p51'57" East, a distance of 34.44 feet; December 7, 1989 Page 943 South 6803'24" East, a distance of 57.63 feet; North 65102145" East, a distance of 181.55 feet; South 87125142" East, a distance of 125.84 feet; North 7707111" Fast, a distance of 52.13 feet; South 19p33'32" East, a distance of 47.38 feet; North 561243'll" East, a distance of 54.08 feet; South 58 0 5'22" East, a distance of 81.84 feet; South 00143'49" East, a distance of 73.76 feet; South 31E44'04" West, a distance of 44.29 feet; South 07131'08" West, a distance of 12.29 feet; South 22J29'26" West, a distance of 25.88 feet to a point in the South line of said Section 117 and the north line of Section 116; THENCE South 881,21'20" East, leaving said contour elevation 2220, MSL, NGVD 1929, along the South line of said Section 117 and the North line of Section 116, a distance of 111.90 feet to the POINT OF BEGINNING. CONTAINING 2.33 acres. SECTION 2. THAT the fee simple title to the two (2) following tracts of land designated as ROAD PARCEL "A" and ROAD PARCEL "B," both of said tracts being located in Garza County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: ROAD PARCEL "A" FIELD NOTES on a 0.02 acre tract of land out of the Southwest 1/4 of Section 117, Block 5, H. & G.N. R.R. Co. Survey, Garza County, Texas and being more particularly described as follows: BEGINNING at a 1/2" iron rod, set at the intersection of the South line of said Section 117, with the North line of a proposed road, for -the most Westerly and beginning corner of this tract, whence the Southwest corner of said Section 117, a 1 1/4" iron pipe, as set by F.M. German in 1895, bears North 88g21'20" West, a distance of 2181.62 feet, said corner being the common corner of Sections 116, 117, 135 and 136; THENCE Northeasterly, along the arc of a curve to the right, the North line of said proposed road, an arc distance of 81.91 feet to a 1/2" iron rod, set in contour elevation 2220, Mean Sea Level, National Geodetic Vertical Datum of 1929, (MSL, NGVD 1929), for the Northeast corner of this tract, said curve has a radius of 2411.83 feet, a central angle of 01156'45", tangent lengths of 40.96 feet, and a chord that bears North 74z28'03" East, a distance of 81.90 feet; THENCE South 221,29'26" West, along said contour elevation 2220, MSL, NGVD 1929, a distance of 25.88 feet to a point in the South line of said Section 117, and the North line of Section 116, for the Southeast corner of this tract; December 7, 1989 Page 944 THENCE North 881,21'20" West, leaving said contour elevation 2220, MSL, NGVD 1929, along the South line of said Section 117 and the North line of Section 116, a distance of 69.04 feet to the POINT OF BEGINNING. CONTAINING 0.02 acres. ROAD PARCEL "B" FIELD NOTES on a 0.51 acre tract of land out of the Southwest 1/4 of Section 117, Block 5, H. & G.H. R.R. Co. Survey, Garza County, Texas and being more particularly described as follows: BEGINNING at a 1/2" iron rod, set at the Southeast corner of the Southwest 1/4 of said Section 117, for the Southeast and beginning corner of this tract, whence the Southwest corner of said Section 117, a 1 1/4" iron pipe, as set by F.M. German in 1895, bears North 88}21120" West, a distance of 2644.32 feet, said corner being the common corner of Sections 116, 117, 135 and 136; THENCE North 881121'20" West, along the South line of said Section 117 and the North line of Section 116, a distance of 281.76 feet to a 1/2" iron rod, set in the contour elevation 2220, Mean Sea Level, National Geodetic Vertical Datum of 1929 (MSL, NGVD 1929), for the Southwest corner of this tract;; THENCE North 161,07'35" East, along said contour elevation 2220, MSL NGVD 1929, a distance of 56.81 feet to a 1/2" iron rod, set in the North line of a proposed road, for the Northwest corner of this tract; THENCE Northeasterly, leaving said contour elevation 2220, MSL, NGVD 1929, along the arc of a curve to the right, the North line of said proposed road, an arc distance of 242.65 feet to a 1/2" iron rod, set for a corner of this tract, said curve has a radius of 2411.83 feet, a central angle of 05145'52", tangent lengths of 121..43 feet and a chord that bears North 811,11'41" East, a distance of 242.55 feet; THENCE South 811,21'23" East, along the North line of said proposed road, a distance of 29.32 feet to a point in the East line of the Southwest 1/4 of said Section 117, for the Northeast corner of this tract; THENCE South 011,41'21" West, along the East line of the Southwest 1/4 of said Section 117, a distance of 95.42 feet to the POINT OF BEGINNING. CONTAINING 0.51 acres. SECTION 3. THAT easement title to the following described tract of land located in Garza County, Texas, and designated "FLOOD AND RESTIRICTIVE EASEMENT," be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: FLOOD AND RESTRICTIVE EASEMENT FIELD NOTES on a 24.25 acre easement out of the Southwest 1/4 of Section 117, Block 5, H. & G.H. R.R. Co. Survey, Garza County, Texas and being more particularly described as follows: BEGINNING at the intersection of the East line of the Southwest 1/4 of said Section 117 with the North line of a proposed road, whence the Southeast corner of said Section 117, a 1 1/4" iron pipe, as set by F.M. German in 1895, bears South 01"E41'21" West, a distance of 95.42 feet and South 88121'20" East, a distance of 2544.31 feet, said corner being the common corner of Sections 106, 107, 116 and 117; December 7, 1989 Page 945 THENCE North 81121123" West, along the North line of said proposed road, a distance of 29.32 feet to a 112" iron rod, set in a curve; THENCE Southwesterly, along the arc of said curve to the left, the North line of said proposed road, an arc distance of 242.65 feet, to a 1/2" iron rod, set in contour elevation 2220, Mean Sea Level, National Geodetic Vertical Datum of 1929 (MSL, NGVD 1929) said curve has a radius of 2411.83 feet, a central angle of 051,45'52", tangent lengths of 121.43 feet and a chord that hears South 81111'41" West, a distance of 242.55 feet; THENCE along said contour elevation 2220, MSL, NGVD 1929, the following meandered courses and distances: North 051,34'10" East, a distance of 106.83 feet; North 51115103" East, a distance of 47.12 feet; North 43104153" West, a distance of 77.87 feet; North 18P23'00" East, a distance of 44.43 feet; South 89g47123" West, a distance of 79.30 feet; North 56P54159" West, a distance of 117.21 feet; North 88z59'20" West, a distance of 100.13 feet; South 16151'57" West, a distance of 48.48 feet; South 74114'53" West, a distance of 116.72 feet; South 62 09'24" West, a distance of 94.01 feet; South 837152'42" West, a distance of 54.82 feet; North 562106125" West, a distance of 265.89 feet; North 2 U 25'30" West, a distance of 66.83 feet; North 72209122" West, a distance of 18.88 feet to a set 1/2" iron rod; South U114`45" West, a distance of 18.45 feet; South 27252124" East, a distance of 60.48 feet; South 471251159" East, a distance of 87.38 feet; South 371119140" East, a distance of 153.77 feet; South 4212-39'18" West, a distance of 29.07 feet; South 39J51'57" East, a distance of 34.44 feet; South 681203124" East, a distance of 57.63 feet; North 651202'45" East, a distance of 181.55 feet; South 87125'42" East, a distance of 125.84 feet; North 77147'11" East, a distance of 52.13 feet; South 19113312" East, a distance of 47.38 feet; North 561'43'11" East, a distance of 54.08 feet; South 58$55'22" East, a distance of 81.84 feet; South 007'43'49" East, a distance of 73.76 feet; December 7, 1989 Page 946 South 311,44'04" West, a distance of 44.29 feet; South 07131'08" West, a distance of 12.29 feet to a 1/2" iron rod, set in the North line of said proposed road; THENCE Southwesterly, leaving said contour elevation 2220, MSL, NGVD 1929, along the arc of a curve to the left, the North line of said proposed road, an arc distance of 81.91 feet to a 1/2" iron rod, set in the South line of said Section 117 and the North line of Section 116, said curve has a radius of 2411.83 feet, a central angle of 01p56'45", tangent lengths of 40.96 feet and a chord that bears South 741228'03" West, a distance of 81.90 feet; THENCE North 881,21'20" West, along the South line of said Section 117' and the North line of Section 116, a distance of 763.89 feet to a 1/2" iron rod; THENCE North 220 6'25" West, a distance of 160.76 feet to a point; THENCE North 311,13'39" West, a distance of 177.20 feet to a point; THENCE North 05145'32" West, a distance of 201.00 feet to a point; THENCE North 39153'18" East, a distance of 226.97 feet to a 1/2" iron road, set in contour elevation 2245, MSL, NGVD 1929; THENCE along said contour elevation 2245, MSL, NGVD 1929, the following meandered courses and distances: North 59p53'54" West, a distance of 46.23 feet; North 641715102" East, a distance of 76.10 feet; North 831237116" East, a distance of 56.91 feet; North 061219'04" West, a distance of 124.79 feet; North 54t20'27" East, a distance of 59.42 feet; North 511203126" West, a distance of 99.75 feet; South 86P32'47" East, a distance of 69.44 feet; North 471715118" East, a distance of 58.55 feet; North 781238134" East, a distance of 93.14 feet; North 60x1$'24" West, a distance of 98.59 feet; South 83$46124" East, a distance of 82.18 feet; North 071234113" East, a distance of 34.81 feet; South 507112'50" East, a distance of 44.72 feet; South 501231'49" East, a distance of 99.39 feet; North 421141148" East, a distance of 129.88 feet; North 01-11143" East, a distance of 60.59 feet to a set 1/2" iron rod; South 55102124" East, a distance of 143.04 feet; North 702131138" East, a distance of 48.70 feet; South 871259113" East, a distance of 149.71 feet; North 181106'01" West, a distance of 44.39 feet; December 7, 1989 Page 947 North 83145'08" East, a distance of 51.83 feet; South 58i18'25" East, a distance of 59.02 feet; North 581205'55" East, a distance of 136.03 feet; North 84127'13" East, a distance of 64.11 feet; North 48138153" East, a distance of 174.46 feet; North 52140153" East, a distance of 147.60 feet; North 69145'57" East, a distance of 21.67 feet to a 1/2" iron rod, set in the East line of the Southwest 1/4 of said Section 117; THENCE South 01141'21" West, leaving said contour elevation 2245, MSL, NGVD 1929, along the East line of the Southwest 1/4 of said Section 117, a distance of 165.92 feet to a 1/2" iron rod, set in said contour elevation 2245, MSL, NGVD 1929; THENCE along said contour elevation 2245, MSL, NGVD 1929, the following meandered courses and distances; South 45M'10"West, a distance of 72.89 feet; South 1402137" East, a distance of 49.71 feet; South 671226'22" West, a distance of 60.65 feet; South 331217'45" West, a distance of 68.76 feet; South 481243133" West, a distance of 47.65 feet; North 51126133" West, a distance of 57.43 feet; South 74 06'36" West, a distance of 193.79 feet; North 76 0 7'01" West, a distance of 30.52 feet; South 44148'23" West, a distance of 158.49 feet; South 671250'01" West, a distance of 31.38 feet; South 83$30'22" West, a distance of 154.94 feet; South 201236'05" West, a distance of 156.50 feet; South 101758143" East, a distance of 78.97 feet to a set 1/2" iron rod; THENCE North 89E'59'41" East, leaving said contour elevation 2245, MSL, NGVD 1929, a distance of 361.75 feet to a point; THENCE South 691,43'51" East, a distance of 325.00 feet to a point; THENCE South 36z43'19" East, a distance of 126.36 feet to a 1/2" iron rod, set in the East line of the Southwest 1/4 of said Section 117; THENCE South 011141'21" West, along the East line of the Southwest 1/4 of said Section 117, a distance of 362.15 feet to the POINT OF BEGINNING. CONTAINING 24.25 acres. SECTION 4. THAT the owners of said tracts of land above described, being WELDON REED and his wife, MARITTA REED, be offered through the Right -of -Way Department of the City of Lubbock the following amounts, which are the amounts appraised as the value and total damages December 7, 1989 Page 948 for the fee simple title or easement title (as the case may be) to the above described tracts of land as indicated below: (A) For fee simple title to the land above described and designated as "RESERVOIR AREA," the sum of $1,864.00. (B) For fee simple title to the land above described and designated as ROAD PARCEL "A," the sum of $16.00. (C) For fee simple title to the land above described and designated as ROAD PARCEL "B," the sum of $408.00. (D) For the easement title (for easement purposes as above de- scribed) to the land above described and designated as "FLOOD AND RESTRICTIVE EASEMENT," the sum of $2,425.00. The aggregate total of said offers is the sum of $4,713.00 to said owners for said fee simple title and easement title acquisition, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title and the easement title to said tracts of land as hereinabove described for the public purposes and municipal purposes as hereinabove set forth. Passed by the City Council this 7th day of December, 1989. ATTEST: IsZ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO FORM: BEd Buc Ed Bucy, Right -of -Way Agent /sLB._C_.-McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Is/ J. Worth Fullinaim J. Worth Fullingim, Assistant City Attorney These four tracts of land are located approximately five miles east of Justiceburg, Texas. Staff is acquiring two road parcels, one of 0.02 acres and the other of 0.51 acres, for a total of 0.53 acres. Acquisition cost of this 0.53 acres will be $424. A 2.33 acre reservoir parcel will be acquired along the south edge of the Reed's property next to the road parcel being acquired. The cost of this 2.33 acre tract @ $800 per acre = $1,864. Also, a 24.25 acre Flood and Restrictive Easement will be purchased adjacent to the 2.33 acre reservoir parcel. Cost of this 24.25 acre Easement tract @ $100 per acre a $2,425. The total offer for all four tracts is $4,713. Staff recommended approval. Motion was made by Councilmember Trejo, seconded by Councilmember Patterson to authorize Resolution #3255 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48B-949-6R7J, (15.) RESOLUTION #3256 December 7, 1989 Page 949 WHEREAS the City of Lubbock is committed to the Redevelopment of the Guadalupe Area as witnessed by the initiation of an Urban Renewal Redevelopment Plan on June 11, 1970; and WHEREAS, since that time the City has allocated over $2,650,000.00 of Neighborhood Improvement projects for the area; and WHEREAS, the City of Lubbock is continually researching methods to accelerate redevelopment of new housing in the area and increasing the availability of standard housing; and WHEREAS, the U. S. Department of Housing and Urban Development en- courages local governments to band together with the local Federal Housing Administration Office and local builders to work together in a joint venture for affordable housing; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City of Lubbock, being interested in cooperating with Federal, State and private industry in making available affordable housing for the citizens of Lubbock, hereby authorizes a Joint Venture for Affordable Housing to be filed with the U. S. Department of Housing and Urban Development. SECTION 2. THAT the City Council directs and designates the Mayor as the City's Chief Executive Officer and Authorized Representative to act in all matters in connection with the City's participation in the Joint Venture for Affordable Housing. Passed by the City Council this ATTEST: /s/ Ranette _Boyd Raneitte Boyd, City Secretary APPROVED AS TO CONTENT: Z—sl Sandy 0 l etree Sandy Ogletree, Community Development Administrator 7th day of December, 1989. /s/ B. C. McMinn _ B. C. McM1NN, MAYOR APPROVED AS TO FORM: IsZ Teresa J. Wright Teresa J. Wright, Assistant Trial Attorney JOINT VENTURE FOR AFFORDABLE HOUSING, LUBBOCK, TX Whereas, the City of Lubbock is committed to the Redevelopment of the Guadalupe Area as witnessed by the initiation of an Urban Renewal Redevelopment Plan on June 11, 1970; and Whereas, since that time the City has allocated over $2,650,000.00 of Neighborhood Improvement projects for the area; and Whereas, the City of Lubbock is continually researching methods to accelerate redevelopment of new housing in the area and increasing the availability of standard housing; and Whereas, the U.S. Department of Housing and Urban Development encourages local governments to band together with the local Federal Housing Administration Office and local builders to work together in a Joint. Venture for Affordable Housing; December 7, 1989 Page 950 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock being interested in cooperating with Federal, State and private industry in making available affordable housing for the citizens of Lubbock hereby join in this Joint Venture for a demonstration project to facilitate the production of quality homes at the least practicable cost. THAT the purpose of this agreement is to pledge our cooperation to the :spirit of the Joint Venture concept as expressed in voluminous literature provided by the [Department of Housing and Urban Development and the National Association of Home Builders. THAT all terms and conditions of this agreement will apply equally to all properly licensed, bonded and permitted builders on a first -come, first -serve basis. THAT the purpose of this Agreement is to maximize cooperation and coordination to insure the availability of FHA financing to facilitate affordabi l i ty of housing. THAT specific areas where bonafied cost reductions can be achieved without significant loss of structural integrity, wearability, or eye appeal as outlined below and may apply either in part or in whole to the project and may be augmented by other similar cost savings as the project develops, if mutually agreeable. CONSTRUCTION MODIFICATIONS FOR LOW INCOME HOUSING 1. Shelves in closets may be installed with metal brackets. 2. Showers and tubs of the pre-fab kind may be used. 3. Pre-fab cabinets may be used. 4. Least expensive hardware on cabinets, doors and plumbing may be used. 5. Use aluminum windows, install minimum number and size. 6. Fiberglass roof shingles may be used. 7. Fireplaces may be eliminated. 8. Use hollow core interior doors. 9. Minimize sheetrock in garages. 10. Use minimum brick as exterior or use masonite siding. 11. Porch sizes may be reduced to a minimum 4' x 6' dimensions. 12. Use waferboard for roof decking if agreeable with homeowner. 13. Use single top plates on interior non -bearing walls. 14. Use engineered trusses throughout. 15. Dishwashers, garbage disposal, separate utility areas may or may not be used depending on the desire of the buyer. 16. Single door header over non -bearing walls my be used. 17. Fir -down in hallways for ducts may be used. 18. Use back-to-back baths to reduce plumbing cost. 19. Single lavatory in baths and pre-fab vanity may be used. December 7, 1989 Page 951 20. Use identical floor plans to reduce plans cost. Change elevations only. 21. Install water heater close to baths and kitchen if permissible under City Code to reduce plumbing. 22. Lay out floor plan so as to be able to use all pre-cut materials, i.e. 2' x 41, 4' x 8' rock, siding, roofing. This would eliminate waste. 23. Limited use cabinets such as those above refrigerators may be omitted. 24. Design kitchens in such a way as to reduce corner cabinets which are expensive and provide very little useful function. 25. Eaves may be reduced from the normal 12" to 18' overhang down to approximately 10". 26. Allow for masonite as a shingle mold. 27. Lots to be provided with no additional pro rata charges for water, sewer, power or gas lines, also no additional charges for curbs gutter or pavement. That by signing this agreement the City or HUD/FHA does not forfeit any current or future ordinance not explicitly expressed herein and does not financially obligate itself to the project other than routine administrative expenses. City of Lubbock Department of Housing and Urban Development By: /sL_B._ C. McMinn By: /s/.H.. E. Whitney B. C. McMINN, MAYOR APPROVED AS TO CONTENT: Association of West Texas Home Builders liana(_ Ogletree .. Community Development Administrator APPROVED AS TO FORM: LsLlCeresa_J. Wright Assistant Civil Trial Attorney By: /s/ Delbert A. McDougal President JOINT VENTURE FOR AFFORDABLE HOUSING 1. The Community Development staff will provide centralized intake for all prospective Joint Venture applicants. 2. The CD staff will conduct a pre -application interview and assimilate the necessary personal information. This preliminary packet will be reviewed according to FHA criteria and prospective application packets will be referred to FHA for preliminary review. The information will be forwarded to FHA in a special marked file folder. 3. The CD staff will maintain a tracking system for all referred prospects and a listing of interest calls. 4. FHA will review screened applicants and return all referred packets to CD. The FHA office will provide conditional approval of all applicants and return to City. 5. City staff will notify all applicants. Conditionally approved applicants will be provided with builder information packet. December 7, 1989 Page 952 6. City will notify all approved builders of the conditionally approved prospects. 7. Builders are asked to maintain records of interest calls and follow-ups. 8. A mortgage lenders meeting will be scheduled to review the Affordable Housing Program. 89-48B-952-59P (16.) During the past few months, Staff has been working with the Lubbock HUD office and West Texas Home Builders Association on a Joint Venture for Affordable Housing. This Joint Venture will designate the Guadalupe Neighborhood Area as an Affordable Housing Area. The Joint Venture Program encourages local government and builders to work together to demonstrate that the cost of well -designed and attractive housing can be reduced by making minor changes in local regulations. The Agreement will be executed between three parties: HUD, the City, and the West Texas Home Builders Association. The Resolution authorizing the Agreement summarizes some of the efforts and projects which serve as the foundation of the Guadalupe Redevelopment Area. The Agreement stipulates the cost reducing techniques which may be applied to the construction of new housing in the area. The cost saving techniques are in compliance with the City's Building Code and FHA Standards and many are standard practices in the CD funded redevelopment houses in the Arnett Benson neighborhood. Currently houses can be built for $32,000-$40,000, depending on the amenities and size of the house. The current proposal has been reviewed by the City and FHA staffs, and the proposed techniques will not significantly compromise the integrity of the construction. The Urban Renewal Agency Board of Commissioners reviewed and approved this Agreement at their Dctober 17 meeting. Staff recommended approval. Motion was made by Councilmember Carpenter, seconded by Councilmember Patterson to authorize Resolution #3256 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. RESOLUTION #3257 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 by and between City of Lubbock and K.M.M.S, 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. December 7, 1989 Page 953 Passed by the City Council this 7th day of December, 1989. /sl B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: /s/_Bern_E. Case Zs1 Harold Willard Bern E. Case, Director of Harold Willard, Assistant Aviation City Attorney THE STATE; OF TEXAS COUNTY OF LUBBOCK KNOW ALL MEN BY THESE PRESENTS: LEASE AGREEMENT THIS AGREEMENT, entered into at Lubbock, Texas, by and between the City of Lubbock, hereinafter referred to as "Lessor," and K.M.M.S., Inc., hereinafter referred to as "Lessee," acting by and through its officers hereunto duly authorized. WITNESSETH WHEREAS, Lessor owns and operates a public airport designated as Lubbock International Airport and herein called "Airport;" and WHEREAS, Lessee is a corporation primarily engaged in manufacturing agricultural products and amusement rides and equipment; and WHEREAS, Lessee desires to lease certain Airport -owned buildings and land located in the East Airport District of the Lubbock International Airport from which to conduct its business; NOW THEREFORE: ARTICLE I For and in consideration of the covenants and conditions herein contained and other valuable consideration, the Lessor authorizes the Lessee to exercise the rights, powers and privileges hereinafter set forth and does hereby lease to the Lessee the premises described and being: The buildings and land as shown on Exhibit "A" attached hereto and incorporated herein by reference, which buildings and land are hereinafter referred to as "leased premises" or "premises." The term of this Agreement shall be for a period of five (5) years, commencing on the day of , 19 , and ending on day of , 19 , both dates inclusive, unless sooner terminated as herein provided. ARTICLE II In consideration of the rights and privileges herein granted, Lessee shall pay to the Lessor a rental of ONE THOUSAND AND NO/100 DOLLARS ($I,000.00) per month during the first two (2) years of the term of this Lease, then TWO THOUSAND AND NO/100 DOLLARS ($2,000.00) per month during the third (3rd) year and fourth (4th) year of the term of this Lease, then THREE THOUSAND AND NO/100 DOLLARS ($3,000.00) per month during the fifth (5th) and final year of this Lease. All rental payments are due and payable in advance on the first day of each month this Agreement is in effect and shall be made at the December 7, 1989 Page 954 office of the Director of Aviation, Lubbock International Airport, Lubbock, Texas. ARTICLE III This Lease is granted subject to the following provisions and conditions: 1. Lessee shall use the leased premises solely for the purpose of conducting those business activities for which it was chartered as a corporation. 2. Lessee's right to conduct business at the Lubbock International Airport shall be nonexclusive. 3. Lessee, at its own expense, shall be responsible for securing all permits, clearances, rights -of -way and other matters necessary to conduct business in a lawful manner. 4. Lessor agrees to repair and maintain the roofs of the buildings herein leased during the first (lst) year of the term of this Lease. Thereafter, the Lessee shall be responsible for the maintenance and repair of said roofs. Lessor also agrees to renovate and bring the restrooms in the buildings herein leased into operable condition upon execution of this Lease, but Lessee shall thereafter be responsible for the maintenance and repair of such restrooms. Except as provided above, the Lessee agrees to maintain the leased premises, at Lessee's sole cost and expense, in a clean and presentable condition consistent with good business practice. 5. Lessee agrees to construct a screening fence approved by the Director of Aviation as shown by the double line on Exhibit "A," Building Plan. 6. Lessee agrees to limit the outside storage of any and all materials, components, assemblies and repaired and manufactured products to the area on the leased premises behind the screening fence and to control the growth of vegetation and weeds on the leased premises and extending outward a distance of twenty (20) feet from the fence. 7. Lessee agrees that Lessor shall have and Lessee hereby grants to Lessor a contractual landlord's lien on all of Lessee's property of whatsoever nature placed in or upon the leased premises, such lien to guarantee the payment of any and all arrearages arising under this Agreement. Lessee further agrees to sign a financing statement to be filed with the Secretary of the State of Texas and the County Clerk of Lubbock County to perfect Lessor's lien and to furnish Lessor an itemized list of all such improvements, additions or alterations which Lessee installs, adds or uses on the leased premises. 8. Lessee agrees to erect no signs and distribute no advertising on the Airport without the prior written consent of the Director of Aviation. Such prior written consent shall not be required for advertising placed by Lessee with Ackerley Airport Advertising, Inc. or any other party having the right to sell, rent or offer Airport terminal advertising space. 9. All of Lessee's business operations and solicitations will be confined to the leased premises. Furthermore, Lessee shall designate adequate parking areas on the leased premises for vehicular movement and parking for its employees, vendors, suppliers and invitees. 10. The Lessee shall not bind or attempt to bind the Lessor for payment of any money in connection with installations, December 7, 1989 Page 955 alterations, additions or repairs on the leased premises or any of Lessee's equipment or facilities located on the leased premises, and shall not permit any mechanic's, materialman's or contractor's liens to arise against the leased premises or any improvements, equipment, machinery or fixtures thereon belonging to the Lessor, and Lessee expressly agrees that it will keep and save the premises and Lessor harmless from all costs and damages resulting from any lien or liens of any character created or that may be asserted through any act or thing done by Lessee. 11. 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 the 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 all Mechanic's and Materialman's Liens arising from any construction, additions, improvements, repairs or alterations effected by the Lessee. In the event any mechanic's or other liens or orders for payment shall be filed against the leased premises or improvements thereon, or other property of the Lessor located thereon, during the term of this Lease Agreement, Lessee shall within ten (10) 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 Lessor, 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 order. 12. Lessor reserves the right to take any action it con- siders 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. 13. Except as otherwise stated in Article III, numbered paragraph 4 of this Agreement, Lessor shall assume no responsibility for the condition of the leased premises and shall not assume any responsibility for maintenance, upkeep or repair necessary to keep the premises in a safe and serviceable condition. 14. 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. 15. Lessor reserve the right to establish standards for the construction, maintenance, alterations, repairs, additions or improvements to Lessee's facilities that are placed on the leased premises. This will include structural design, color, materials used, landscaping and maintenance of Lessee's facilities. 16. Lessee shall prohibit and prevent unauthorized persons from obtaining access or entry into the air operations area and any other sterile area at the Airport through the leased premises, and Lessee agrees that in the event that a civil penalty or fine is levied against the Airport or Lessor as a result of Lessee's failure to comply or act in accordance with this provision, or any December 7, 1989 Page 956 other applicable federal, state or local statutes, ordinances, rules and regulations affecting the use, occupancy or operation of any of said premises, Lessee shall immediately reimburse the Airport or Lessor the full amount of the penalty or fine and correct the act or omission leading to, causing or contributing to the violation. 17. Failure of the Lessee to comply with any requirement of these paragraphs 10, 11, 12 or 16 shall be cause for immediate termination of this Agreement by Lessor. ARTICLE 1V This Lease is granted subject to the following additional provisions and conditions: 1. The Lease herein granted is subject to any and all applicable laws, ordinances, rules and regulations pertaining to the Lubbock International Airport. 2. 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. In the event of a war or national emergency, the Lessor shall have the right to enter into an agreement with the United States Government for military or naval use of all or part of the landing area, the publicly -owned air navigation facilities, and other areas or facilities of the Airport; and if any such agreement is executed, the provisions of this Lease, insofar as they are inconsistent with the provisions of the agreement with the United States, shall be suspended, but rent due hereunder shall be abated proportionately. 3. This Agreement shall be subordinate to the provisions of any existing or future agreement between Lessor and the United States pertaining to the operation and 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 Lessee's rights under this Agreement, the Lessor shall not be held liable therefor, but rent due hereunder shall be abated proportionately. 4. Any rights, privileges and interests acquired herein by Lessee may be suspended at the option of the Lessor following written notice of thirty (30) days, if such suspension is found by the Lessor, acting in good faith, to be necessary to secure federal financial aid for the development of the Airport, or the development of aeronautical operations thereon, but rent due hereunder shall be abated proportionately. 5. The Lessor, acting by and through the Director of Aviation or other designated representative, shall have the right to inspect the leased premises at all reasonable times during the term of this Lease. 6. Any property of the Lessor or any property for which the City of Lubbock may be responsible, which is damaged or destroyed incident to the exercise of the privileges herein granted, or as a result of acts or omissions of the employees or agents of Lessee, shall be properly repaired or replaced by the Lessee to the satisfaction of the Lessor and its authorized representatives, or in lieu of such repair or replacement, the Lessee shall, if so required by the Lessor, pay to the Lessor money in any amount deemed sufficient by the Lessor to compensate for the loss sustained by the Lessor as a result of the damage to or destruction of such property. December 7, 1989 Page 957 7. The Lessee shall be deemed to be an independent con- tractor and operator and solely responsible for its respective acts and omissions, and Lessor shall in no way be responsible therefor. 8. The Lessee agrees to indemnify, defend and forever save harmless the Lessor, its authorized agents, representatives and employees, from and against any and all penalties, liability, annoyances or loss resulting from claims or court actions of any nature arising directly or indirectly out of any acts or omissions of the Lessee, its agents, servants, employees or business visitors under this Agreement. 9. The Lessee shall maintain at all times, at its sole expense, insurance with an insurance underwriter acceptable to the Lessor and authorized to do business in the State of Texas, and which insures Lessee against claims of public liability and property damage resulting from Lessee's business activities at the Airport. The amount of insurance coverage shall not be less than ONE: HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00) for property damage as a'result of any one event; or less than ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00) for personal injury or death of any one person in any one event; or less than THREE HUNDRED THOUSAND AND NO/100 DOLLARS ($300,000.00) for personal injury or death of two (2) 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 Lessor, City of Lubbock, as an additional insured. Furthermore, each policy shall be worded so as to insure ten (10) days notice to the Lessor of cancellation or modification of coverage. 10. Lessee shall furnish to the Lessor satisfactory evidence that Lessee carries Workers' Compensation Insurance in accordance with the laws of the State of Texas. 11. The Lessee shall assume all responsibility for the payment of all taxes and assessments, license fees and public utility charges levied on the business conducted on the leased premises or which may become due on the property of Lessee used in connection therewith from the date of execution of this Agreement. The Lessee agrees to pay all claims or damages for or on account of water, lights, heat, power, sewage disposal and any other services or utilities furnished to or with respect to the leased premises or any part thereof. The Lessor does not guarantee to furnish utilities or utility services in the future. In the event utility service is not furnished for reasons other than repair or installation of lines or nonpayment of charges, Lessee shall have the option to cancel this Lease upon thirty (30) days written notice to the Lessor. 12. Lessee, its agents and employees will not discriminate against any person or class of persons by reason of age, sex, race, color, handicap, religion or national origin in providing any services or in the use of any of its facilities provided for the public, in any manner prohibited by Federal Aviation Administration 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 given by the City of Lubbock. 13. Lessee agrees not to discriminate against any employee or applicant for employment because of age, sex, race, color, handicap, 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 age, sex, race, color, handicap, religion or national origin. Such action shall include, but not be limited to employment, upgrading, demotion, transfer, recruitment, layoff, December 7, 1989 Page 958 rates of pay or other forms of compensation, and selection for training, including apprenticeship. 14. Lessee will conduct its activities and operate its facilities on the premises 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. 15. Lessee acknowledges that it is informed that Texas Law generally prohibits contracts between the Lessor and its "officers" and "employees," and that the prohibition extends to officers and employees of City agencies such as City -owned utilities and certain City boards and commissions, and to con- tracts with any partnership, corporation or other organization in which officers or employees have an interest. Lessee herein certifies that no person having an interest in this this Lease is an officer or employee of the City of Lubbock or any of its agencies, boards or commissions. 16. Lessee warrants that it has not employed any person employed by the Lessor to solicit or secure this Agreement in exchange for a commission, percentage, brokerage or contingent fee. 17. Lessee may not assign or sublet this Agreement without the written consent of the Director of Aviation, but such consent shall not be unreasonably withheld. No such assignment or subletting shall affect Lessee's obligations to make all required rental payments hereunder. 18. The failure of the Lessor to insist upon performance of any of the terms or conditions of this Lease shall not be construed as a waiver or relinquishment of the future performance of any such terms or conditions, but the Lessee's obligation with respect t❑ such failure of performance shall continue in full force and effect. 19. Lessee shall at its sole expense provide for the adequate sanitary handling and disposal away from the Airport of all trash, garbage and other waste and refuse resulting from the operation of its business. 20. In the event Lessee remains in possession of the leased premises after the expiration of this Agreement without any written renewal or extension of this Lease, such holding over shall not be deemed as a renewal or extension of this Lease, but shall create only a tenancy from day to day which may be terminated at any time by Lessor. ARTICIr V This Lease Agreement shall terminate at the end of the full term hereof and Lessee shall have no further right or interest in the premises hereby demised except as provided in Article IV, numbered paragraph 20. This Agreement is subject to termination for the reasons set forth below, provided that thirty (30) days written notice is given to the non -terminating party. Rental due hereunder shall be payable only to the effective date of said termination. A. The Lessee may terminate upon the happening of any of the following: 1. The permanent abandonment of the Airport as an air terminal. December 7, 1989 Page 959 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 the Lessor of any of the terms, covenants or conditions of this Agreement to be kept, performed and observed by the Lessor, and the failure of the 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 the 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 under the terms of this Agreement for a period of three (3) months or more. B. The Lessor may terminate upon the happening of any of the following: 1. If the Lessee shall file 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 shall be divested of its rights, powers and privileges under this Agreement by other operation of law. 2. If the Lessee shall abandon and discontinue operations under this Agreement. 3. If the Lessee shall default in or fail to make any rental payments at any 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 and rules and regulations of the United States, State of Texas, City of Lubbock and Director of Aviation of the City of Lubbock. 6. If Lessor, acting in good faith, finds termination of the rights, privileges and interests of Lessee acquired under this Lease to be necessary to secure federal financial aid for the development of the Airport, or development of aeronautical operations thereon. C. In the event the leased premises are damaged by fire or other accidental cause during the term of this Agreement so as to become totally or partially untenantable, Lessor shall have the option to restore the premises to their former condition. If Lessor exercises its option to restore the premises, Lessor shall proceed with due diligence. If the damage is so extensive as to practically amount to the total destruction of the utility of the leased premises for the uses expressed in this Agreement, Lessee's obligation to pay rent hereunder shall be abated for the time and to the extent that the leased premises have been rendered untenantable. Should Lessor not exercise its option to restore the Teased premises, this Lease shall terminate, such termination to be effective on the date of damage by fire or other accidental cause, and the rent shall be apportioned to that date. D. Within fifteen (15) days following the date of expiration or termination of this Agreement, Lessee shall vacate said premises, remove all property of Lessee and restore the leased premises to as good a condition on such date of expiration or termination as when received, ordinary wear and tear excepted; provided, however, that Lessee's right December 7, 1989 Page 960 to remove its property is subject to the condition that Lessee has paid in full all amounts due and owing Lessor under this Agreement. If, after being requested to do so by Lessor, the Lessee shall fail or neglect to remove said property and so restore the leased premises within fifteen (15) days of said expiration or termination, then at the option of Lessor said property shall either become the property of Lessor, without compensation therefor, or Lessor may cause the property to be removed and the leased premises to be restored at the expense of Lessee, and no claim for damages against Lessor or its officers, agents or employees shall be created or made on account of such removal and restoration. ARTICLE VI 1. Notices to the Lessor required or appropriate under this Lease shall be deemed sufficient if in writing and mailed by registered mail with postage prepaid to the Director of Aviation, Lubbock International Airport, Route 3, Box 389, Lubbock, Texas 79401. Notices to the Lessee required or appropriate under this Lease shall be deemed sufficient if in writing and mailed by registered mail with postage prepaid to the address for K.M.M.S., Inc. on file with the Director of Aviation. 2. Should Lessor institute legal action to collect rent due under this Agreement or damages for breach of any covenant made herein, a reasonable sum shall be added to the amount of recovery for attorney's fees together with all costs of court. 3. Both parties hereby agree that this instrument constitutes the final agreement of the parties and that all other previous agreements, leases and contracts between the parties which pertain to the property described herein are hereby declared null and void. EXECUTED this 7th day of December, 1989. LESSOR: CITY OF LUBBOCK BY:Zs B. C. McMinn -B. C. McMINN, MAYOR ATTEST: /s/ Ranette_Boyd „ Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Bern E. Case- - Bern E. Case, Director of Aviation APPROVED AS TO FORM: Harold Willard Harold Willard, Assistant City Attorney LESSEE: K.M.M.S., INC. BY:/sj James L. Miller Title: President ATTEST: Secretary This Lease with K.M.M.S. provides for $1,000 a month for the first two years, $2,000 a month for the next two years, and $3,000 a month the last year, making the total Lease $108,000. It is Staff's option that this is priced very competitively. For the last several years, this building has been vacant, and Staff had not had other interests in a long time. This operation will manufacture carnival rides and will employ 15 to 20 people the first year, with the possibility of increasing to 50 during the term of December 7, 1989 Page 951 the Lease. It involves about 30,000' of warehouse space and about 5,000' of office space. The Airport will renovate the restrooms and maintain the roof for the first year, and any other renovations will be by K.M.M.S., Inc. The Airport Land Consultant, the Airport Board, and Staff recommended approval. Motion was made by Councilmember Phillips, seconded by Councilmember Maloy to authorize Resolution #3257 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89 - 48B - 961 - 699 (17.) Consider Resolution #3258 authorizing the Library to apply or a Meadows Foundation —Grant and subsequent funding proposals. RESOLUTION #3258 BE IT RE50LVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock Library Director BE and is hereby authorized and directed to make application upon behalf of the City of Lubbock for a Foundation Grant from the Meadows Foundation, Dallas, Texas, for the Library Automation Project and such other applications for grants upon similar terms from private foundations, corporate foundations or other sources as may be deemed beneficial for the City of Lubbock library. Passed by the City Council this 7th day of December, 1989. /s/ B. C. McMinn _ B. C. McMINN, MAYOR ATTEST: LJRanette Boyd Ranette Boyd, City Secretary APPROVED -AS TO CONTENT: APPROVED AS TO FORM: ZsL Rita Harmon s Donald G. Vandiver Rita Harmon, Assistant City Manager Donald G. Vandiver, First Assistant City Attorney APPLICATION FILED WITH RESOLUTION The Library's Automation for Access Project was initiated in August, 1988, with City Council funding $118,750 plus an added $75,000 provided by the Capital Projects Budget FY 90. Following Council approval for funding, the Friends of the Library pledged $50,000 in December, 1988, and the Board initiated a fund-raising campaign. Local requests to the Junior League, Lubbock Area Foundation, and benefactors are in progress. The specific purpose of the funds on hand or to be raised is to acquire an Integrated Library Automated System to include hardware and sartware which will greatly benefit the citizens' access to information within the library. This Resolution authorize; the Library to apply for a grant from the Meadows Foundation, Dallas, Texas, in the amount of $182,?50 as matching funds for the Library's Automation Project. This would also December 7, 1989 Page 962 authorize the Library to solicit grants from other foundations over the next few months. Staff anticipates the Library will submit 3-7 grants ranging anywhere from $5,000-$10,000 each over the few months. Each of the grant applications will contain basically information as the Meadows Grant Application, except that the amount will he changed. Staff indicated that any application actually approved for funding will he brought back to the City Council for approval prior to a contract or an agreement being initiated with the granting agency. The Library Board's Automation Steering Committee initiating a local fund-raising campaign on September 1, 1989, is seeking to raise $60,000 in addition to the $182,250 sought outside the community. Together, these funds would "match" the $243,250 on hand/pledged by the City and the Friends of the Library. If the grant is approved by the Meadows Foundation, a Contract will he presented to the Council. The significant conditions of the grant are as follows: 1. The funds received cannot go to another purpose. 2. The funds cannot he used for lobbying reasons. 3. The funds must he used to benefit Texas citizens. 4. A report on expenditures and major accomplishments of the system must he submitted. 5. The Contract must be signed by a representative of the local building body. Council support of this Resolution was sought to emphasize "local community" support of the project to the foundation. Motion was made by Councilmember Patterson, seconded by Councilmember Carpenter to authorize Resolution #3258 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48B-962.700 (18.) Consider Resolution #3259 exercising an option to tax property exem ted under Section 11.251 Texas Property Tax Code, and Article VII-I,, Section 1-J, Texas Constitution. RESOLUTION #3259 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS, TO EXERCISE ITS OPTION TO TAX THAT PROPERTY EXEMPTED FROM TAXATION UNDER SECTION 11.251, TEXAS PROPERTY TAX CODE, AND ARTICLE 8, SECTION 1-j, TEXAS CONSTITUTION. WHEREAS, Article 8, Section 1-j, Subsection (a), of the Texas Con- stitution and Section 11.251 of the Texas Property Tax Code exempts from taxation certain tangible personal property referred to as "freeport goods" unless the governing body of the taxing authority elects to tax such property; and December 1, 1989 Page 963 WHEREAS, the exemption of said "freeport goods" from taxation by the City of Lubbock, Texas, would result in the loss of needed revenues to the City and an unfair shift of the tax burden to the homeowner and local businessman; and WHEREAS, Article 8, Section 1-j, Subsection (b), of the Texas Constitution authorizes the City Council of the City of Lubbock, Texas, to exercise its option to tax said "freeport goods"; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock hereby elects to tax that tangible personal property described in Article 8, Section 1-j, Subsection (a), Texas Constitution, and Section 11.251, Texas Property Tax Code, which would otherwise be exempt. Passed by the City Council on this 7th day of December, 1989. ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TD CONTENT: Zs/ S. C. McMinn_ B. C. McMINN, MAYOR APPROVED AS TO FORM: Ls-L-Robert Massengale Zsl Donald G. Vandiver Robert Massengale, Assistant City Donald G. Vandiver, First Manager for Financial Services Assistant City Attorney The Texas Legislature, in the 1989 Session, passed a law involving property tax exemptions that the City Council needs to be advised of and possibly take action on. This Resolution relates to the Local Option Freeport Exemption which is a law (and option) that the City supported through the TML, and it is Staff's opinion that this is an economic development tool. Staff does not recommend adoption of the exemption at this time, however, as there appears to be a possible interpretation of the law which would make the exemption much broader than originally perceived. Considerable analysis being done at this time across the state to determine the actual impact on the property if this exemption is adopted. The broadest interpretation of the law would mean that considerable business personal property would be exempt that does not relate to the Freeport concept. If no action is taken to tax these personal properties before December 31, 1989 they will be automatically exempt forever. Staff recommended Council approval to tax these properties and then, if the law is determined to be workable and efficiently usable for economic development in the future, the Council can rescind the ordinance and allow the exemption. The Lubbock Central Appraisal District estimated that the City has the po.ential of losing $832,000 in annual tax revenues if the blanket exemption is allowed. Analysis of this indicates that there is not enough known about the actual impact of the law; therefore, Staff recommended Council approval of the Resolution December 7, 1989 Page 964 89-48B-9647 791 [19.) so there will be more time to determine the impact of the law. Motion was made by Councilmember Maloy, seconded by Councilmember Phillips to authorize Resolution #3259 as recommended by Staff. Motion carried: 7 Yeas; D Nays. ORDINANCE #9320 AN ORDINANCE REPEALING CERTAIN SECTIONS OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WHICH HAVE BECOME OBSOLETE, SUPERSEDED OR NO LONGER NEEDED], PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. According to Staff comments, this Ordinance contains items to be deleted because they have been superseded by State Law, or that need to be amended to reflect current procedures. The following amendments are listed in the order of those which need repealing, followed by those suggested for amendment. TO BE REPEALED Chapter 8, Sections 8-5 through 8-14 (Pertaining to the Conduct of Elections) Original Intent: These sections provided for definition and enforcement of procedures governing local elections. Why Change is Needed_ All of these sections have been superseded by provisions of the new Texas Election Code. Extent of Change: Delete. Chapter 12, Section 12-151, 152, 153, 154, 155, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, and 167 (Air Pollution Control) Original Intent: These sections provide for enforcement of air pollution control within the City Limits. Why Change is Needed: Each of these sections has been superseded by provisions of the Texas Clean Air Act. Extent of Change: Delete. Section 12-219, 220, 221, 231, 232, 234, 235, 236, 237, 238, and 239 (Rodent Control) Original Intent: Each of these sections provides for enforcement of rodent control related issues. Why Change is Needed Each of these sections has been superseded by provisions of the City of Lubbock Building Code. December 7, 1989 Page 955 Extent of Change: Delete. Section 14-191, 192, 193, 194, 195, 196, 197, 198, 199, 211, 212, 213, 214, 215, 216, 217, 218, 219, and 220 (Massage Parlors) Original Intent: These sections were intended to give the City enforcement authority and control over massage parlors. Why Change is Needed: Each of these sections has been superseded by provisions of the Texas Local Government Code. Extent of Change: Delete. Section 16-24 (Auto Parts Dealers) Original Intent: This section of the Code was originally intended to curb the sale of stolen auto parts. Why Change is Needed: The Police Department indicates that Staff have not enforced this particular ordinance for many years. As a practical matter, i.t would force too much paperwork on both the auto parts dealers and the City Police Department. Extent of Change: Delete. Section 16-153 (8acking) Original Intent: This section originally intended to prevent unsafe vehicular backing habits. Why Change -is -Needed: The Police and Legal Department are of the opinion that this is adequately covered by State Law. Extent of Change: Delete Section 15-207 (Impounding of Vehicle) Original Intent: This section originally designated fees and location for towing of vehicles which required impounding. The City now contracts with local wrecking companies to remove these vehicles and the wrecking companies are responsible for collecting fees associated with impoundment. These fees are regulated by the wrecker ordinance. Extent of Change: All wording will be deleted in Section 16-207 following the phrase in the first sentence "....may, upon the direction of the Chief of Police, be removed from such -place and impounded." This change will retain the intent of the ordinance which was to remove obstructing or abandoned vehicles and delete all references to the place at which these vehicles will be stored and storage fees associated with the transfer and impoundment. Section 16-233 (B) Habitually Parking Adjacent to Residential Property Belonging to Another) Original _Intent: This section provided that vehicles which habitually parked adjacent to residential property belonging to someone else could be removed and impounded. December 7, 1989 Page 966 Why Change is Needed: Paragraph B is in conflict with the approved wrecker ordinance and wrecker rules and regulations. Extent of Change: Paragraph B will be deleted. Section 15-235 (Same - Permission to Erect Signs) Original Intent: This section originally granted permission to proprietors to erect no parking signs and limited those signs in size and wording. Why Change is Needed: Current State Law addresses this issue adequately. Extent of Change: Delete. Section 15-241 (Permit to Back to Curb for Purposes of Loading or Unloading) Original Intent: This section gave the Chief of Police, with the approval of the City Manager, authority to issue special permits to permit the backing of a vehicle for purposes of loading and unloading. Why Change is Needed: Permits for backing for unloading and loading purposes have not been issued in years. The paperwork and administrative costs of issuing such permits is unfeasible. Extent of Change: Delete. Section 18-3 (Loitering Around Railroad Depot or Yard) Original Intent: Enacted in 1915, this ordinance sought to reduce loafing and loitering around the train station. Why Change is Needed: Railroad companies have all property posted, so any violations covered by this ordinance are prosecuted under Section 30.05 of the Texas Penal Code. Extent of Change: Delete. Section 18-36, 18-37 and 18-38 (Access to a Bar or Cocktail Lounge) Original Intent: Enacted in 1978, this ordinance sought to regulate minors' entry to bars and cocktail lounges and made it unlawful for a person to falsely represent themselves as parent, guardian or spouse of a minor. Why -Change is Needed: According to the Police Department, this ordinance defines a minor as being a person under 18 years of age. The Texas Alcoholic Beverage Code has been changed to reflect a new age limit of 21 years. Also, provisions of this ordinance are covered under Chapter 106 of the Texas Alcoholic Beverage Code, making this ordinance redundant. Finally, it is the Police Department's understanding that the Federal courts have ruled that a minor's entry into a bar, by itself, is not unlawful. Extent of Change: Delete. December 7, 1989 Page 967 Section 20-52 and 20-53 (Charitable Solicitations) Original Intent: These sections intended to give the public the right to require solicitors to disclose tax exempt status where applicable and established rules for any organization conducting a campaign involving the use of paid telephone solicitors. Why Change is Needed: These two sections have been rendered unenforceable by court decision. Extent of Change: Delete Section 22-21 (Arrest without Warrant -Authority) Original Intent: This section gave the Police Department authority to arrest persons without a warrant when offenses are committed in the presence of an officer or when persons are found in suspicious places and under circumstances which reasonably show that such persons have been guilty of some felony or breach of the peace. Why Change is Needed: This section has been superseded by provisions of State Law. Extent of Change: This revision would delete all wording following the phrase "....or committed in their presence." Section 22-28 and 22-29 (Arrest of Suspicious Per- sons and Complaint and Investigation of Same) Dri inal Intent: These two sections gave peace officers the authority t❑ arrest persons found in suspicious places, and under circumstances which reasonably showed that such persons have been guilty of some felony or breach of the peace. Section 29 gave police offices authority to hold such persons as described in the previous section in confinement for a sufficient length ❑f time to investigate the facts before making and filing a complaint in a reasonable amount of time. Section 22-29 stated that 72 hours shall be considered a reasonable time in which to make such investigation. Why Change is Needed: Both of these sections have been superseded by provisions of State Law. Extent of Change: Delete TO BE AMENDED Section I-4 (a) (General Penalties; Continuing Vio- lations; Nuisances) Original Intent: This section in its current form establishes fines for violation of ordinances not to exceed $200.00. In those cases where violations are with regard to fire safety, zoning, public health and sanitation other than vegetation and litter violations, the fine was set not to exceed $1,000. Why Change is Needed: New wording is needed to allow fines t❑ be assessed according to limits provided by the general laws of the State of Texas for municipal courts. December 7, 1989 Page 968 Extent of Change: Section 1-4, Paragraph (a) would be amended to read "Whenever in this code or in any ordinance of the City an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in said code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision of this code or any such ordinance shall be punished by such fine as is provided by the general laws of the State of Texas for municipal courts; provided, however, that no penalty shall be greater or less than the penalty provided for the same or a similar offense under the laws of the State. Each day any violation of this code or any ordinance is committed shall constitute a separate offense." Section 2-259 and 19-42, (Park and Recreation Board change from Officers to Advisory Board status) and (appeal from notices; hearing) Original Intent: This section addresses Park and Recreation Board duties. The current duties give the Park and Recreation Board the status of "Officer of the City". Why Change is Needed: Even though the Park Board has officer status, it actually functions as an advisory board with two exceptions, the setting of fees and the hearing body for contested cases involving oak wilt. With regard to setting of fees, the Council has authorized the Assistant City Manager for Finance to set fees. In order to maintain internal consistency, all fees go first to the Assistant City Manager for Finance and then to the Park and Recreation Board. The setting of fees is such a small part of their activities, that it was decided to leave this responsibility to the Council and Assistant City Manager for Finance. In the case of oak wilt, the current procedure states that the Park and Recreation Board provide the final hearing in contested cases. Over the past two years, there have been fifteen cases, five of which have been confirmed. All cases have been resolved administratively without having to go to the Park Board. In an advisory capacity, the Park Board would hear the case and then make a final determination. However, if not satisfied, the individual could appeal to the City Council. Based on the number of cases this has occurred, this would be a very infrequent occurrence. By changing the Park Board from an officer status to an advisory status, they can avoid the conflict of interest provisions which currently affect officers of the City and reduce their overall liability. On a side note, since the Board has agreed to change to an advisory status, they will not be forced to change the current terms of office. However, in order to maintain consistency of other City boards and com- missions, they have recommended that their terms also be changed to two years. Extent of Change: Section 2-259 (Park and Recreation Board - Duties) shall be amended to read as follows: "It shall be the duty of the Park and Recreation Board to act as an advisory board to the City Council in all matters pertaining to cemeteries, and in the areas of expansion and operational policies as well as all other acts in December 7, 1989 Page 969 its opinion necessary, convenient or desirable in order to operate, maintain, enlarge, extend, preserve, and promote an orderly, economic, businesslike development of the Park and Recreation facilities and programs for the City, except for the naming of Park and Recreational areas which shall remain the responsibility of the City Council after receipt of recommendation of the Board." Section B shall be amended to read as follows: "Park and Recreation Board shall have, in addition to the above duties, the duty t❑ recommended to the City Council such fees as may be necessary to meet the operational expenses of certain Park and Recreational Facilities, including the fees ❑n municipal golf courses and swimming pools, where it is determined by the City Council that a part or all of the costs of operation of such facilities is to be paid by the user thereof. In addition, the Board shall recommended to the City Council contracts for the operation of all concessions located on parkland or within recreational facilities. The Board shall be further responsible for formulating such rules and regulations as they deem best for the government ❑f their actions, proceedings, and time and puce of meetings; however, such rules and regulations shall not be in contradiction of any laws of the State or of any provision of this Code ❑r other ordinance of the City." Section C be amended to read as follows: "The Park and Recreation Board shall have, in addition to the above duties, the responsibility and duty to heal appeals from orders of the Director of Park and Recreation and to render decisions in such appeals which decisions shall be further appealable to the City Council with regard go diseased trees under Chapter 19, Article III of this Code." Section I9-42 (Appeal from notices; hearing) be amended by adding the following sentence to the last line: "If the owner occupant is dissatisfied with the decision ❑f the Park and Recreation Board, such decision may be appealed in writing within ten days to the City Council of the City of Lubbock, which shall conduct a hearing on such appeal within thirty days." Section 2-357 and 2-360 (Airport Board Authority concerning rental of property and designation of heliports). Original Intent: Section 2-357(b) authorizes the Airport Board to enter into agreements for the rental of land, buildings and facilities at any airport owned and/or operated by the City. In Section 2-360, the Airport Board is authorized to designate specific areas within the corporate limits for the landing and taking off of helicopters or other rotary winged aircraft capable of near vertical ascents and descents. Why Change is Needed: The Airport Board has recommended to the Council that their duties with regard to rental of land and designation of heliports be changed to an advisory status. This change would allow the Airport Board to continue to advise the Council with regard to rental of property and designation of heliports, however, the final December 7, 1989 Page 970 authority for rental of property and heliport designation would be transferred from the Airport Board to the City Council. Extent of Change: Section 2-357(b) shall be amended to remove the authority to enter into agreements for the rental of land, buildings and facilities at any airport owned and/or operated by the City from the Airport Board and transfer that authority to the City Council. Similarly, Section 2-360 will be amended to remove the authority to designate specific areas within the corporate limits for the landing and taking off of helicopters from the Airport Board to the City Council. Section 2-481 (Qualification for Members of the Electric Utilities Board) Original Intent: Section 2-481 in its current form states that a member of the Electric Utilities Board shall have no substantial ownership, interest in or income derived from any electrical contractor or supply or electrical utility business located or doing business in Lubbock County. This wording was developed in such a manner as to prevent conflict of interest situations from occurring. Why Change is Needed: On May 7, 1988, the citizens of Lubbock amended the Charter with regard t❑ the qualifications of members ❑f the Electric Utilities Board t❑ ease the stock ownership requirements ❑f Electric Utilities Board members. Extent of Change: Section 2-481 shall be amended to read as follows: "No person shall be a member ❑f the Board unless he shall have been for at least two (2) years next preceding his appointment a resident elector of the City, and unless he shall believe in the desirability of the competitive operation of electric production and distribution and shall have n❑ substantial interest in any public utility operating within the City of Lubbock, nor be in the employ of any person having a substantial interest in any public utility operating within the City of Lubbock. Substantial interest shall mean substantial interest as defined by the laws of the State of Texas regulating conflicts of interest of officers of municipalities." The remainder of Section 2-481 will be unchanged. Section 12-3 (b)(1) and Section 12-3 (b)(2) Aerosol, Paint and Glue Sales) Original Intent: This paragraph of Section 12-3 governed the sale and display of glue and aerosols to protect against their abuse. Why Change is Needed: The age limits set forth in 12-3(b) have changed due to changes in State Law. Extent of Change: Section 12-3(b)(1) and Section 12-3(b)(2) of the Code would be amended to read as follows: (1) To sell or transfer possession of any glue or aerosol paint defined in subsection (a) to any person under the age of eighteen (18) years. December 7, 1989 Page 971 (2) T❑ display in any business establishment at which persons under eighteen (18) years of age are permitted to enter, any glue or aerosol paint defined in subsection (a) in such a manner that these products are accessible to the public without the assistance of the sales personnel of such establishment. Section 16-145 and Section 16-146 (U-Turns) Original Intent: These sections were intended to provide for enforcement of illegal U-turns at intersections with and without traffic lights. Why Change is Needed: The wording needs to give the City Manager or his designee authority to determine those intersections at which drivers of vehicles shall not make a right, left or U-turn and place proper signs at such intersections. Section 16-146 will delete references to traffic lights and provide for U-turns only in situations where they can be made safely without interfering with other traffic. Extent of Change: Section 16-145 will be amended as follows. The title of Section 16-145 will be changed from "U-Turns-Generally" to "Authority to Place Restricted Turn Signs". Section 16-145 will read as follows: "The City Manager or his designee is hereby authorized to determine those inter- sections at which drivers of vehicles shall not make a right, left or U-turn, and shall place proper signs at such intersections. The making of such turns may be prohibited between certain hours of any day and permitted at other hours, in which event the same shall be plainly indicated on the signs ❑r they may be removed when such turns are permitted." Section 16-146 title will be changed from "Same - Intersections Regulated by Traffic Lights" to "Limitations on Turning Around". Section 16-146 will read as follows: "The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction upon any street unless such movement can be made in safety and without interfering with other traffic." Section 16-245 (A) (Impounding of Illegally Parked or Abandoned Vehicles) Original _Intent: Section 16-245 also addressed the issue of illegally parked or abandoned vehicles and designated a place and fees for transfer and storage of these vehicles. Why Change_ is Needed: As in Section 16-207, these issues are currently addressed by the wrecker ordinance and wrecker rules and regulations. The Code is currently in conflict with Council approved procedures for transferring and impounding vehicles. Extent of Change: In Section 16-245 (A), all wording will be deleted following the phrase "....may, upon direction of the Chief of Police, be removed from such place, impounded and taken to such place as is designated by the Police Department." Section 17-2 (Operation, Procedure -Municipal Courts) December 7, 1989 Page 972 Original Intent: Wording concerning operation and procedure of municipal courts should be changed to reflect provisions of the Texas Government Code, Chapter 30, Sub -Chapter A, rather than Vernon's Annotated Civil Statutes, Article 1200gg. Why Change is Needed: Code should be brought into conformance with Texas Government Code. Extent of Change: Section 17-2 will be amended as follows: "The operation and procedure of the municipal court of record shall be as provided for by the Texas Government Code, Chapter 30, Sub - Chapter A." Motion was made by Councilmember Phillips, seconded by Councilmember Carpenter to pass on first reading Ordinance #9320 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48B-972-702 (20..) Consider Ordinance #9321 altering the terms of certain boards and commissions to comply with Constitutional requirements. ORDINANCE #9321 AN ORDINANCE ALTERING THE TERMS OF CERTAIN BOARDS AND COMMISSIONS OF THE CITY OF LUBBOCK TO COMPLY WITH CONSTITUTIONAL REQUIREMENTS BY AMENDING THE FOLLOWING SECTIONS OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS; SECTION 2-354 (AIRPORT BOARD), SECTION 2-485 (ELECTRIC UTILITIES BOARD), SECTION 13-1(j) (HOUSING STANDARDS COMMISSION), SECTIONS 2-253 AND 2-254 (PARKS AND RECREATION BOARD), SECTION 2-389 (PLANNING AND ZONING COMMISSION), AND SECTION 29-25(f)(3) (URBAN DESIGN AND HISTORICAL PRESERVATION COMMITTEE); PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. This Ordinance addresses several City of Lubbock boards and commissions considered "Officers of the City" whose terms of office currently conflict with Article 11, Section 11 of the Texas Constitution which permits terms of office of more than two years, but not exceeding four years, only if such longer terms are expressly provided for by City Charter. In May, 1988, a proposed Charter Amendment to permit terms longer than two years as provided by the Constitution was not approved by Lubbock voters. Concerning this Ordinance dealing with board and commission terms, each of the affected sections is explained below. This contains a caption identifying the section in question, followed by an explanation of the original intent, why the change is needed, and the extent of change. Section 2-354, 2-485, 2-253, 2-254, 13-1(j), 2-389, 29-25(f)(3) (Altering the terms of certain Boards and Commissions.) December 7, 1989 Page 973 Original Intent: Establish terms for the City of Lubbock's Airport Board, Electric Utilities Board, Housing Standards Commission, Park and Recreation Board, Planning and Zoning Commission, and Urban Design and Historical Preservation Committee. Why Change is Needed: The terms of appointment of the above boards and commissions whose members are considered Officers of the City have been established at more than two (2) years. Article 11, Section 11 of the Texas Constitution permits terms of office of more than two (2) years and not exceeding four (4) years only if such longer terms are expressly provided for by City Charter. A proposed Charter amendment t❑ permit terms longer than two years failed in May of 1988. Therefore, in order to come into compliance with State Law, the terms ❑f office must be changed to not exceed two (2) years for each of the above boards and commis- sions. Extent of Change: Section 2-354 (Airport Board) will be amended t❑ include "Appointments shall be for a term of tw❑ (2) years or the remainder of an unexpired term." Section 2-485 (Electric Utilities Board) shall be amended to include "Upon the death, resignation or removal by disqualification of any member of the Electric Utilities Board, the City Council shall appoint a member to said Electric Utilities Board who shall hold his membership on said Board for the unexpired term to which he is appointed, otherwise, all persons appointed shall serve a full term of two (2) years." Section 2-263 (Park and Recreation Board - Tenure) be amended to include "The members ❑f the Board shall be appointed by the City Council and shall serve for terms of two (2) years unless appointed to serve the remainder of an unexpired term." Section 2-264 (Park and Recreation Board - Vacancies) be amended to include "Upon the death, resignation or removal by disqualification of any member ❑f the Board, the City Council shall appoint a member of the Board to fill such a vacancy who shall hold his membership on the Board for the unexpired term t❑ which he is appointed or until his successor is appointed. In the event of expiration of the term of office of any member of the Board, the newly appointed member shall serve the full term of two (2) years." Section 13-1(j) (Housing Standards Commission) will be amended to include "The Commission members shall be appointed by the City Council and shall serve for terms of two (2) years unless appointed t❑ serve the remainder of an unexpired term." Section 2-389 (Planning and Zoning Commission) be amended t❑ include "The members of the Commission shall be appointed by the City Council and shall serve for terms of tw❑ (2) years unless appointed to serve the remainder of an unexpired term." Section 29-25(f)(3) (Urban Design and Historical Preservation Commission) be amended to include "All members of the Urban Design Commission shall serve December 7, 1989 Page 974 89-48B-974.703 (21.) for two (2) years unless appointed to serve the remainder of an unexpired term." Motion was made by Councilmember Phillips, seconded by Councilmember Carpenter to pass on first reading Ordinance #9321 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. County precincts. ORDINANCE #9322 AN I ORDINANCE AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING THE LANGUAGE OF PORTIONS OF SECTION 8-4 WITHI REGARD TO CERTAIN POLLING PLACES; ALTERING CERTAIN PRECINCT BOUNDARIES AS REQUIRED BY STATE LAW; PROVIDING A MAP OF THE VOTING PRECINCTS OF THE CITY OF LUBBOCK; PROVIDING THAT ALL PORTIONS OF CHAPTER 8 NOT AMENDED SHALL REMAIN THE SAME; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. The Lubbock County Commissioners added a J.P. Precinct which necessitated changes to some voting precincts within the City of Lubbock. The City is required by Section 42.061 of the Texas Election Code to make the boundaries of City voting precincts conform to County voting precincts within the City limits. Boundaries to be changed are in City Voting Precincts Nos. 5, 8, 10 and 50. The changes, however, are minimal and no voters will be changed from one voting precinct to another by the changes made. In addition, Staff recommended changing the polling places for City voting precincts Nos. 71 and 73. Since these changes technically affect the boundaries of districts from which persons are elected to office (even though no voters are actually moved to other precincts by the changes), Section 276.006 of the Texas Election Code requires the changes to be made more than five months prior to any election at which they will be effective. Therefore, the changes must be made during December. It will be necessary to submit the voting precinct change ordinance to the U.S. Department of Justice, since it changes voting boundaries and polling places, but Staff does not anticipate problems since voters will not be moved, and the changes to polling places are routine as new schools have been built which can now be used in place of private facilities. Staff recommended approval of this Amendment. Motion was made by Councilmember Patterson, seconded by Councilmember Carpenter to pass on first reading Ordinance #9322 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. December 7, 1989 Page 975 89-48B-975-704 (23.) BID #10438--Utility_poles (Central Warehouse) Mid South Wood Preservers, Inc., Shreveport, LA--100 40' Class A poles; 20 45' Class 3 poles; 70 50' Class 2 poles; 30 55' Class 2 poles. Motion was made by Councilmember Patterson, seconded by Councilmember Phillips to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 89-40UB-97E--705 (24.) BID #10384--Installation of motors and starters and authorize same (Water Utilities). RESOLUTION #3260 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 Lubbock Electric Company, Inc. for installation of motors & starters, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and he a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 7th day of December, 1989. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ J. Robert Massengale J. Robert Massengale, Assistant City Manager for Financial Services 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 CONTRACT THIS AGREEMENT, made and entered into this 7th day of December, 1989 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunt❑ authorized to d❑ so, hereinafter referred to as OWNER, and Lubbock Electric Co., Inc. of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: December 7, 1989 Page 976 BID NO. 10384 - INSTALLATION OF MOTORS & STARTERS CONTRACT FOR THE AMOUNT OF $24,975.00 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 d❑ so shall have been given to him and to substantially complete same within the time specified in the contract docun,%nts. 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. A'TT`E S T : f s1 Ranette Bo d Secretary APPROVED AS TO CONTENT: LsZ_ J. Robert Mass_ engale Fullinrim INC. COMPLETE ADDRESS: Lubbock Electric Company, Inc. 1108 34th Street Lubbock, Texas 79405 89-48B-976-• 706 (25.) CITY OF LUBBOCK, TEXAS (OWNER) /s/ B. C. McMinn B. C. MCMINN, MAYOR APPROVED AS TO FORM: Zs/-J. Worth LUBBOCK ELECTRIC COMPANY, CONTRACTOR By: Isj Paul Drake TITLE: Sales Manager ATTEST: Secretary Lubbock Electric Company, Inc. Motion was made by Councilmember Patterson, seconded by Councilmember Phillips to authorize Resolution #3260. Motion carried: 7 Yeas; 0 Nays. December 7, 1989 Page 977 RESOLUTION #3261 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 Asplundh Tree Expert Company Tor tree pruning, one year contract, 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 7th day of December, 1989. ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED i AS TO CONTENT: /S/ J. Robert Massengale J. Robert Massengale, Assistant City Manager for Financial Services STATE OF TEXAS COUNTY OF LUBBOCK /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harald Willard Harold Willard, Assistant City Attorney CONTRACT THIS AGREEMENT, made and entered into this 7th day of December, 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 Asplundh Tree Expert Company of the City of Mansfield, County of Tarrant, 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. 10397 - TREE PRUNING, ONE YEAR CONTRACT FOR THE APPROXIMATE AMOUNT OF $75,000.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and December 7, 1989 Page 978 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: ZsZl' Ranette Boyd Secretary APPROVED AS TO CONTENT: ZsZ J. Robert Massengale COMPLETE ADDRESS: Asplundh Tree Expert Company 711 S. 4th Avenue Mansfield, Texas 76063 CITY OF LUBBOCK, TEXAS (OWNER) /sl B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Zs/ -Harold Willard ASPLUNDH TREE EXPERT COMPANY CONTRACTOR By: TITLE: ATTEST: Secretary Asplundh Tree Expert Co., Mansfield--1 hr. two -man crew, per man, per hour; I hr. truck w/hydraulic chip dump bed, per hour; I hr. brush chipper, per hour. Motion was made by Councilmember Patterson, seconded by Councilmember Phillips to authorize Resolution #3261. Motion carried: 7 Yeas; 0 Nays. 89-48B-978-A7 {26.} BID #10407-- NAPA Auto Parts--2. 12 fuel filter P1147; 3. 10 gas filter CG20; 4. 12 gas filter P1118; 5. 18 fuel filter C1175PL; 6. 12 fuel filter P1130; 7. 12 gas filter C1191A; 9. 12 gas filter P1146; 10. 12 fuel filter C1190PL; 11. 12 fuel filter P1120 FF 196625625C1; 12. 12 fuel filter C1174; 13. 12 fuel filter G4191; 14. 12 fuel filter P8318; 15. 12 fuel filter TP41/P1106; 17. 30 fuel filter T928/P35 95; 19. 10 fuel filter P1110; 21. 12 filter fuel P3319; 22. 12 filter fuel P110IPL fram; 23. 12 filter fuel P1107; 25. 12 filter fuel PI109; 26. 12 air filter CAK 1532; 27. 12 air filter CA4325; 29. 12 air filter CA3324; 30. 20 air filter CA 189PL; 32. 10 air filter CA 324A; 32. 10 air filter CA 324A; 33. 12 air filter CA5235Y; 34. 10 air filter CA523; 35. 24 air filter CA-303; 36. 20 air filter CA-192; 39. 48 air filter CA19; 40. 15 air filter CA 1565; 41. 12 air filter CAK253; 43. 12 air filter CA1543; 44. 18 air filter CA15435Y; 45. 18 air filter CA1585; 47. 36 air filter CA1580; 48. 350 air filter CA3525; 49. 30 air filter CA148PL; 50. 20 air filter CA352; 51. 30 air filter CA329; 52. 20 air filter CA2565; 53. 12 air filter CA1596; 54. 12 air filter CA3523; 55. 48 air filter CA305; 56. 10 air December 7, 1989 Page 979 filter CA133; 57. 12 air filter CA187PL; 58. 10 air filter CA582; 59. 6 air filter CA-327; 60. 20 air filter CAK256; 61. 10 air filter CA3597; 62. 20 air filter CA140PL; 63. 10 air filter CAK 258; 64. 12 air filter 472099C1; 65. 12 air filter CAK 1532; 66. 10 air filter CA536SY; 67. 10 air filter CA368I; 68. 30 air filter CA 169PL2; 69. 12 air filter CA 3588; 72. 35 air filter CA-1513; 73. 12 air filter CA381; 75. 12 air filter CAK 2521; 77. 10 air filter CA2621; 78. 12 air filter CA29; 79. 12 air filter CA 1587; 80. 18 air filter CA158754; 81. 20 air filter CA 2590; 82. 10 air filter CA 2522; 83. 6 air filter CA2522SY; 84. 10 air filter CA371; 87. 12 air filter CA2523SY; 88. 12 air filter CAK1544; 89. 12 oil filter CH33APL; 91. 4 oil filter PH7; 92. 200 oil filter PH8A; 93. 100 oil filter PH3306; 94. 12 oil filter PH47; 98. 20 oil filter PH2O; 101. 6 oil filter PH977A; 102. 12 oil filter PH373; 104. 6 oil filter PH2849; 105. 12 oil filter CHIPL; 108. 12 oil filter PH3600; 109. 60 oil filter P3380; 110. 12 oil filter CH 218; 111. 12 hydraulic filter P16 53A; 112. 12 oil filter 164; 113. 12 oil filter PH3612; 114. 24 oil filter PH3519; 115. 12 oil filter B-95 or P H3442; 116. 12 oil filter CH119; 117. 12 oil filter OF1105; 118 24 oil filter PH 3535; 120. 10 oil filter PH16; 121. 2 oil filter C30; 123. 10 oil filter PH3562; 123. 10 oil filter PH3562; 124. 12 transmission filter FT1032; 125. 12 transmission filter FT1020; 128. 8 air filter CAK-2523; 129. 20 air filter CA79; 130. 12 transmission filter FT1031; 131. 20 air filter CA184; 132 12 air filter CA3300; 133 24 air filter CA3649; 134. 24 air filter 4288009; 135. 24 oil filter PH3614; 136. 24 air filter CA3686; 137. 12 air filter CAK546; 138. 6 air filter CA1591; 139. 12 oil filter PH 2895; 140. 12 oil filter C4163; 141. 24 air filter CA1562SY; 142. 10 air filter CA30; 143. 12 air filter CA3425; 144. 15 air filter CAK584; 146. 20 air filter CA76; 147. 12 air filter CA2520; 148. 24 air filter CA5058 Barrett's Automotive -8. 24 gas filter G-2; 16. 18 fuel filter T936/P35 94; 20. 12 filter fuel G3 fram; 42. 12 air filter CA3501; 46. 24 air filter CA2719 (awarded tie bid this item); 74. 12 air filter CA3647; 76. 12 air filter CA2740; 86. 12 air filter CA 1599; 97. 6 oil filter PH19; 103. 12 oil filter C175T/C17 5E; 126. 12 transmission filter FT 1056; 127. 10 air filter A9520; 145. 12 air filter CA353. Key Auto Supply--18. 10 fuel filter P1103; 28. 12 air filter CA 5032; 28. 12 air filter CA 5032; 31. 148 air filter CA-160PL; 37. 300 air filter CA 326; 38. 400 air filter CA-351; 70. 200 air filter AF 3549; 71. 30 air filter 141285-2577; 85. 12 air filter CA 1596 A SY; 90. 600 oil filter PH43; 95. 200 oil filter PH13; 96. 300 oil filter PH30; 99. 12 oil filter PH2825; 100 12 oil filter P1125; 106. 12 oil filter PH2850; 107. 12 oil filter P1104/PH3 9; 122. 6 oil filter PH28A. Scoggin Dickey Buick GMC--1. 12 Hyd filter C1682; 24. 12 filter fuel P1654A; 119. 6 oil filter PH2821A. Motion was made by Councilmember Patterson, seconded by Councilmember Phillips to authorize low bids meeting specifications and awarding tie bid Item #46 to Barrett's Automotive. Motion carried: 7 Yeas; 0 Nays. t December 7, 1989 Page 980 89-48B-980- 706 (27.) 89-48B-984- 709 BID #10437--Miscellaneous electrical items (Central Warehouse). Westinghouse Electric Supply--200 1-1/2" jacketing tape; 40 4" rigid ell, 16" radius; 50 3/4" EMT conduit; 18 5" rigid ell, 36" radius. Temple, Inc.--1,500 lb. #5 5D bare wire; 12,000' #4 Quad service drop. Techline, Inc., Amarillo--35 5" PVC ells w/o bell ends; 150 5" PVC plug; 150 4" PVC ell, 16" RAO; 300 XFMR ground connectors. !Nelson Electric Supply--10 8' manhole ladder; 50 heat shrink tubing. Cummins Supply, Amarillo--250 preformed tree guards. Graybar Electric Co., Amarillo--50 duplex receptacle; 100 5" PVC conduit coupling; 150 4" 5D angle couplings; 1,000' #12 red THHN wire. Motion was made by Copncilmember Patterson, seconded by Councilmember Phillips to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. (28.) BID #10440--Annual pricing for trenching and excavation, and authorize same (Electric Distribution . RESOLUTION #3262 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 an behalf of the City of Lubbock a Contract by and between the City of Lubbock and Saunders Construction, Inc.. for annual pricing for trenching and excavation, 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 7th day of December, 1989. ATTEST: ZsL Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: ZsL Gene Eads Gene Eads, Purchasing Manager /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK December 7, 1989 Page 981 THIS AGREEMENT, made and entered into this 7th day of December, 1989 by and between the City of Lubbock, County of Lubbock:, State of Texas, acting by and through H.C. McMinn, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Saunders Construction Company of the City of Shal.lowater, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WIT:N'ESSETH: 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: HID NO. 10440 - ANNUAL PRICING FOR TRENCHING AND EXCAVATION CONTRACT FOR THE AMOUNT OF $65,120.00 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 timae 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: Ls,C Ranette Boyd Secretary APPROVED AS TO CONTENT: CITY OF LUBBOCK, TEXAS (OWNER) /s/ B. C. McMinn H. C. McMINN, MAYOR APPROVED AS TO FORM: Ls,C J. Robert Massengale Zs -Harold Willard SAUNDERS CONSTRUCTION COMPANY CONTRACTOR By: TITLE: ATTEST: Secretary December 7, 1989 Page 982 COMPLETE ADDRESS: Saunders Construction Company P.O. Box 463 Shallowater, Texas 79322 89-48B-9i82171P (10.) Saunders Construction Co., Shallowater H.D. Weaver Ditching Rhode Construction Co. Rankings of contractor selection based on hourly rate, crew and equipment availability. Motion was made by Councilmember Patterson, seconded by Councilmember Phillips to authorize Resolution #3262. Motion carried: 7 Yeas; 0 Hays. ORDINANCE #9323--Zone Case #2638 (4602 Idal_ou ORDINANCE 99323 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2638; A ZONING CHANGE FROM T TO M-1 ZONING ON A TRACT OUT OF SECTION 25, BLOCK A, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Burl Masters appeared on behalf of Chapman/Kelsey to present this request for zone change. No one appeared in opposition. Mayor McMinn closed the Hearing at 10:31 a.m. Assistant City Manager Jim Bertram informed Council that the square mile which includes this tract was annexed in 1980, including the property from Olive Avenue to Wood Avenue between Ursuline to Erskine, and the majority remains zoned "T" (Transition). Valley Pump occupied this site when the area was annexed, and when they ceased business for a period greater than one year, the non -conforming manufacturing status lapsed. Reoccupying the property for industrial use is the basis of the zone change request. Mr. Bertram then gave the adjacent land use relationships as follows: North - Partially undeveloped and industrial South - Undeveloped and residential East - Industrial and residential West - Undeveloped According to Staff comments, the request is consistent with the Comprehensive Land Use Plan. Two other industrial zone cases have been approved in this area (directly across the highway and to the northeast) which created the basis of Staff's approval for M-1 zoning since the proposed uses were December 7, 1989 Page 983 not within the "permitted use" list of IDP, with a condition that future new development or major rehabilitation be subject to IDP development standards. The proposed use at the site requires M- 1, and this combination solves the concern recently expressed for corridor entryways. A new tenant in the existing structure will g❑ a long way toward improving the area for the near term. The Planning and Zoning Commission recommended M-1 zoning with the following condition: 1. That any future new development or major rehabilitation be subject to IDP development standards. Staff recommended that the City Council uphold the Planning and Zoning Commission. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Baker to uphold P&Z and pass on first reading Ordinance #9323, with Condition 1 above, as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89- 48B-983_711 6,} presentation of Service Awards to employees who completed 20, 25, 30 or 35 years of service in 1989. Service awards were presented to 70 employees who have completed 20, 25, 30 or 35 years of service during 1989. 89-4G8B-983r 712 (22.) Hold an Executive Session to discusstending litigation concerning Solid Waste. (29.) Hold an Executive Session on personnel matters to discuss duties and appointments to: Board of City Development Human Relations Commission Private Industry Council Lubbock Housing Authority Board Lubbock Athletic Committee Board of Electrical Examiners Plumbing Board Lubbock Libraries Board Lubbock Housing Finance Corporation 89-488-983-713 (30.) Consider seven appointments to the Board of City Development. This item was held. 89-48B-983-- 714 December 7, 1989 Page 984 (31.) Motion was made by Councilmember Phillips, seconded by Councilmember Patterson to appoint Vivian Hupp to fill the unexpired term of John Wesley Harley on the Human Relations Commission. Motion carried: 7 Yeas; 0 Nays. 89-48B-984- 715 (32.)j Motion was made by Councilmember Phillips, seconded by Councilmember Trejo to appoint Billie McKinnon to fill the unexpired term of Jerri Price on the Private Industry Council. Motion carried: 7 Yeas; 0 Nays. 89-48B-984- 716 (33•) 12, 1989. Motion was made by Councilmember Phillips, seconded by Councilmember Trejo to reappoint Al Caviel and Randy L. Wright and to appoint Mae Constancio to replace Albert Perez on the Lubbock Housing Authority Board. Motion carried: 7 Yeas; 0 Nays. 89--18B-984- 717 (34.) Consider two appointments to the Lubbock Athletic Committee. The term of Jimmy_5hankle will expire on December 31 1989 and the term of Phil Hoel deceased is due to expire December 31 1992. 89-48B-984 -718 (35..) Motion was made by Councilmember Phillips, seconded by Councilmember Trejo to reappoint Jimmy 5hankle and to appoint John Braun to the Lubbock Athletic Committee. Motion carried: 7 Yeas; 0 Nays. will expire December 31, 1989. Motion was made by Councilmember Phillips, seconded by Councilmember Malay to reappoint Davis Moore, Gary Greenstreet, and Randy Neugebauer, and to appoint Jack McQueen to replace David Tate on the Board of Electrical Examiners. Motion carried: 7 Yeas; 0 Nays. 89-48B-98F-719 (36.) 89-48B-985-720 (37.) 89-48B-985-_722 (38.) December 7, 1989 Page 985 31, 1989. Motion was made by Councilmember Phillips, seconded by Councilmember Trejo to appoint Allen Teinert to replace Don Bundock, Joe Walker to replace Bryan Rowe, G. 0. Hill to replace James Burdett, and Raymond Eade to replace Cyril Reasoner an the Plumbing Board. Motion carried: 7 Yeas; 0 Nays. Motion was made by Councilmember Phillips, seconded by Councilmember Patterson to reappoint Vanessa Sims and to appoint Linda Spires to replace Nancy Neal on the Lubbock Libraries Board. Motion carried: 7 Yeas; 0 Nays. Motion was made by Councilmember Phillips, seconded by Councilmember Patterson to reappoint Richard Lopez and to appoint Nita Kiesling to replace Charles Saunders on the Lubbock Housing Finance Corporation. Motion carried: 7 Yeas; 0 Nays. There being no further business to come before Council, motion was made by Councilmember Patterson, seconded by Councilmember Maloy to adjourn the meeting at 11:53 a.m. Motion carried: 7 Yeas; 0 Nays. B. C. MCMINN, MAYOR ATTEST: - - RanErt a Soyd, City Secretary', REAL) AND APPROVED THIS 14th DAY OF DECEMBER, 1989. If B. C. Mc I N, MAYOR ATIF T : Ra ette Boyd, City S cr ary i SECOND READ MG ORDI NANCES ORDI NANCE NO.01+ TEXASMUNICIPAL RET I REMENT SYSTEM AN ORDINANCE PERMIT- TEXAS R+ 3D 1 TINGCERTAIN EMPLOYEES OF BBOCK THE CITY OF LUBBOCK UNDER CERTAIN CONDITIONS TO £S- Frances lle !Tian Je TABLISH CREDIT IN THE TEX- a Notary Public in and for Lubbock County, Texas on this day AS MUNICIPAL RETIREMENTIared T J ■ Auf i I I , Account HanaVe r - of the Southwestern Newspa- SY STEM FOR ACTIVE MILI - ' TARY SERVICE PERFORMED I ri, ublishers of the Lubbock Avalanche -Journal -- Morning. Evening and Sunday, who AS A MEMBER OF TH£ ARMED p FORCES OR ARMED FORCES ly sworn did depose and saythat said newspaper has been ublished continuous) for more RESERVES OF THE UNITED �eeks STATES OR OF AN AUXILIARY prior to the first insertion of this Lot g a ! I" � y t i c e -- OF THE ARMED FORCES OR P _ ARMED FORCES RESERVES: No. 8233Q9 _ - at Lubbock County. Texas and the attached print - AHD PRESCRIBING THE EF- Legal iQ # C! FECTIVE DATE OF THIS ORDt- L 1 is a true copy of the original and was printed in the �l ubbock NANCE. R-301 Lai on the following dates: December 9v 6 + 8$ 7? unrd-& Cw .42 W 966.24 _ f 2 r !�� . # r Ff,Ai" , , .,5,,,1,•�,r+..: Account ManaFer NC'3 - *' Y % Ca l' , .=seen EXP'10 7.6.41 LUBBOCK AVALANCHE -JOURNAL a rr> Southwestern Newspapers Corporation Subscribed and sworn to before me this 8 dayof J an u a ry - 19 p FORM 5B-10