HomeMy WebLinkAboutMinutes - City Council - Regular - 1/11/1990I
CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
JANUARY 11, 1990
10:00 A.M.
The City Council of the City of Lubbock, Texas met in regular session on
the llth day of January, 1990 in the City Council Chambers, first floor,
City Hall, 1625 13th 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 City Secretary Ranette Boyd.
2.) The Pledge of Allegiance was given in unison by those in
the Council Chambers.
90-49A-1-1 Unscheduled Annearance by Charles Saunders
Kevin Glasheen, Attorney for Charles Saunders, served
Mayor McMinn with a Restraining Order issued by District
Judge Brad Underwood.
Mayor McMinn gave the Order to City Attorney John Ross
and asked Mr. Ross to advise Council regarding how to
proceed. After a brief review of the document, Mr. Ross
advised that the Council had been ordered by the Court to
allow Mr. Saunders to make a presentation. Mr. Ross
advised that the document is an Ex Parte Order which was
issued by Judge Underwood, based on Affidavits by Mr.
Saunders. Mr. Saunders then made his presentation.
Motion was made by Councilmember Patterson, seconded by
Mayor Pro Tem Baker to approve the Minutes of the
December 14, 1989 Regular City Council Meeting as
written. Motion carried: 7 Yeas; 0 Nays.
( 4.) Board Appointments Certificate Presentations
90--49A-1-2
{ 7.} ZONE CASE NO. 1654-A (located east of AvenueQ_between
53rd and 54th Streets) --Hold a Vublic hearing to consider
Councilmember Maloy requested permission from Council to
abstain from discussion and voting on this item due to
perceived conflict of interest.
2
January 11, 1990
Page 2
ORDINANCE #9324
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP
OF THE CITY OF LUBBOCK MAKING THE FDLLOWING CHANGES: ZDNE CASE NO. 1554-A;
A ZONING CHANGE FROM C-4 LIMITED TO C-4 ZONING ON TRACTS D & G OF C. N.
HDDGES ADDITION AND TRACTS OUT OF SECTION 3, BLOCK E, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
David Goyette appeared to present this request for zone
change. No one appeared in apposition.
Mayor McMinn closed the hearing at 10:32 a.m.
Assistant City Manager Jim Bertram commented that the
existing zoning is C-4 limited to a new car dealership
and that the location is the previous site of Womble auto
dealership.
The adjacent land use relationships are as follows:
North - Commercial and multi -family
South - Commercial
East - Multi -family
West - Commercial
According to Mr. Bertram, the request for commercial
zoning is consistent with the Comprehensive Land Use
Plan. The Briercroft Shopping Center site is zoned C-3
and the Koko Center site was recently rezoned C-4 with
limited uses.
The proponent prepared the limited use list for this case
from the list used at 50th Street and Avenue Q. The
heaviest uses in C-4 are deleted in the proponent's list
except three that the Planning and Zoning Commission
discussed - 1] Rental store, 2) trailer and truck sales,
rental or service (large trucks) and 3) trailer and truck
rental. The P & Z Commission discussed that, although
the land had been used for auto sales, the sale or rental
of large trucks would be overpowering in the area. The
second two uses noted above are not included in the
recommendation. The Commission did include the rental
store with an emphasis on no outside storage.
The proponent also requested that gamerooms/pool halls be
deleted but that bingo be permitted and the Commission
agreed.
The Ordinance was presented with the deleted uses as
follows:
(1) Billboards (subject to the provisions of
Section 23(29-25).
(2) Furniture store, used. (All merchandise must
be in a building).
(3) Game room, pool, billiard and/or domino
parlor.
(4) Greenhouse and plant nursery.
(5) Hot tamale plant.
(6) Mobile home sales.
3
January 11, 1990
Page 3
(7) Nightclub, bar or lounge.
(8) Portable building sales (fully constructed).
(9) Rental store, heavy equipment and trailers
only.
(10) Secondhand goods store or pawnshop.
(11) Swimming pool, commercial or sales.
(Business permitted outside building).
The Planning and Zoning Commission approved this request
subject to the following conditions:
(1) Any use unconditionally permitted in the "C-
2A"31 "C-2" or "C-3" Districts.
(2) Agriculture implement and tractor sales and
service (totally within a building).
(3) Ambulance service.
(4) Automobile body shops, ❑utside storage
limited to customer vehicles only.
(5) Automobile brake shop.
(6) Automobile glass shop.
(7) Automobile seat cover and upholstery shop.
(8) Automobile transmission shop.
(9) Automobile and recreational vehicle sales and
service (may include body and paint shop, as
accessory use).
10) Barber and beauty shop supply dealer.
(I1) Boat and boat trailer sales and service.
(12) Builders supply. All materials must be in a
building.
(13) Bus station.
(14) Cafe supply dealer, fixtures.
(15) Candy plant.
(16) Canvas goods shop, tents and awnings (no
manufacturing).
(17) Commercial private clubs and teenage clubs.
(18) Dairy supply dealer.
(19) Dance hall (no mixed alcoholic beverage sales
permitted).
(20) Electrical equipment repairs.
(21) Feed store with no grinding, packaging, or
mixing of feed permitted).
(22) Frozen food lockers.
(23) Bingo parlor.
4
January 11, 1990
Page 4
(24) Garage, public, repair. (Outside storage of
customer automobiles authorized.) All work
and separate parts shall be inside a
building.
(24a) Garden center.
(25) Gasoline service station. (Business permitted
outside of building and outside displays of
products permitted within three (3) feet of
the building).
(26) Golf driving range. (Business permitted
outside of building).
(27) Motel or motel.
(28) Janitorial or cleaning service.
(29) Job printing and lithographing.
(30) Laboratory, chemical, general analysis.
(31) Laundry, commercial.
(32) Linen and towel supply service.
(33) Lumber yard, with no mill. All materials
must be in a building.
(34) Magazine agency.
(35) Monument sales. (Outside display permitted).
(36) Motorcycle shop, including sales, rentals and
service.
(37) Muffler shop.
(38) Non-profit training centers with retail
sales.
(39) Pest control service.
(40) Print shop.
(42) Produce market.
(43) Public kennel (totally with a building).
(44) Rental store. (Indoor storage only).
(45) Reserved.
(46) Restaurants. (Business permitted outside of
building).
(47) Restaurants, with the sale of alcoholic
beverages as an incidental use, except that
no mixed alcoholic beverage sales shall be
made or delivered to occupants in motor
vehicles.
(48) Road machinery sales and service (totally
within a building).
(49) Secondhand or used car sales lot, not
including wrecking and repairing, but
including minor tuning.
5
90-49A--5-3
( 5.)
January 11, 1990
Page 5
(50) Sign shops, limited to window lettering,
painted wall signs, banners and desk signs.
(51) Store fixtures sales (no manufacturing
permitted).
(52) Upholstery shop - furniture.
(53) Veterinary hospital (totally within a
building).
(54) Wholesale house, sales office and storage -
No cotton storage.
Staff recommends that the Council uphold the Planning and
Zoning Commission.
Motion was made by Mayor Pro Tem Baker, seconded by
Councilmember Patterson to pass on first reading
Ordinance #9324 as recommended by Staff. Motion carried:
6 Yeas; 0 Nays. Councilmember Maloy abstained.
Debra Forte, representing the Government Finance Officers
Association, made presentation to the City as follows:
For the fifth consecutive year, the City of Lubbock has
been awarded the Certificate of Achievement for
excellence in financial reporting. According to Ms.
Forte, this is the highest form of recognition in
governmental accounting and financial reporting, and its
attainment represents a significant accomplishment by the
City of Lubbock.
For the sixth consecutive year, the City of Lubbock has
received the GFOA Award for Distinguished Budget
Presentation, which recognizes exemplary budget
documentation by governments and non-profit
organizations.
90-49A--5-4
6.) A representative of the Lubbock Cultural Affairs Council
will appear to present the following
A. Consider recommendations for awarding Art grants
for the final granting period -of 1989.
On January 12, 1989, the City Council approved an
Agreement whereby the City would pay to the Cultural
Affairs Council the Sum of $94,839 for the encouragement,
promotion and improvement of all forms of art in the
community. The $94,839 represents that amount collected
from one-half cent of the Hotel/Motel Tax during the
fiscal year that ended on September 30, 1988. The
Agreement provides that a review committee of the
Cultural Affairs Council will receive and evaluate
application grants and make recommendation to the City
Council for awarding these grants.
On July 13, 1989, the City Council approved the
recommendations of the Cultural Affairs Council for the
awarding of $44,300 in grants for the first half of 1989.
0
January 11, 1990
Page 6
This request is for approval of $32,260 in awards for the
second grant period of 1989.
The $32,260 in grant awards recommended, plus the $44,300
approved this past July, equals $76,560 or $18,279 less
than the $94,839 provided to the Lubbock Cultural Affairs
Council by the 1989 agreement. As has been done in the
past, the balance ❑f unspent monies will be carried over
into the next year.
Jerry Griffin, representing the Grants and Review
Committee of the Lubbock Cultural Afairs Council stated
the Committee had 21 requests and recommended funding for
12 organizations, as follows:
Total Total
Requested Recommended
Westwinds Brass Band $2,000 $1,400
Concert Series
TTU Department of Art $5,600 $2,800
Colorprint USA
TTU Department of Theatre $5,000 $2,500
Arts - Summer Rep.
Guadalupe -Parkway Academy of $4,000 $2,000
Dance - "The Game - Your're
It!"
TTU Department of Mass
$4,660
$3,060
Communications KOHN Music
Library & Subscription
Programs
Ballet Lubbock
$10,000
$2,500
"Sleeping Beauty"
Lubbock Symphony Orchestra
$12,000
$6,000
Community July 4th Cele-
bration
Lubbock Cultural Affairs
$5,000
$3,000
Council - Public Art
Challenge Program
Lubbock Cultural Affairs
$4,000
$3,000
Council - Lubbock Arts
Festival 1990
University -Civic Chorale $2,750 $1,500
Brahms Concert
City of Lubbock Fine Arts $2,500 $1,500
Center - Sculpture in the
Park
Science Spectrum $6,000 $3,000
"Science in Art"
Motion was made by Councilmember Patterson, seconded by
Mayor Pro Tem Baker to accept the recommendations of the
Cultural Affairs Council. Motion carried: 7 Yeas; 0
Nays.
7
January 11, 1990
Page 7
B. Presentation of a check for interest earnings to
the City of Lubbock.
Assistant City Manager Rita Harmon advised that the check
will be presented at a future meeting.
90-49A-7-5 C. Consider Resolution #3276 authorizing the -Mayor to .sign
an agreement with the Lubbock Cultural Affairs Council
for an Arts Grant Program for 1990.
RESOLUTION #3276
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement
by and between the City of Lubbock and the Lubbock Cultural Affairs
Council, 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 11th day of January, 1990.
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Rita P. Harmon
Rita P. Harmon, Assistant City Manager
for Public Safety and Services
STATE OF TEAS
COUNTY OF LUBBOCK
AGREEMENT
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
This agreement is made by and between the City of Lubbock, a
municipal corporation ("City"), and the Lubbock Cultural Affairs Council, a
non-profit Texas Corporation ("Council"), for the purposes and
considerations hereinafter expressed:
WITNESSETH:
WHEREAS, Section 351.002 V.T.C.A., Tax Code authorizes the City to
impose by ordinance a hotel occupancy tax which may not exceed seven
percent of the consideration paid by hotel occupants for a hotel room; and
WHEREAS, Section 351.101 V.T.C.A., Tax Code authorizes revenue from
the municipal hotel occupancy tax to be used only to promote tourism and
the convention and hotel industry; and
WHEREAS, Section 351.101 V.T.C.A., Tax Code authorizes the City to
use a portion of revenue derived from its hotel occupancy tax for the
encouragement, promotion, improvement and application of the arts; and
WHEREAS, there is now on deposit in the City's General Fund
$106,178.00 (the "Funds") collected by the City on or before September 30,
1989, for the fiscal year ending on that date, which funds represent that
portion of the hotel occupancy tax that may be disbursed for the
encouragement, promotion, improvement and application of the arts as
heretofore stated; and
0
January 11, 1990
Page 8
WHEREAS, the Council, which is comprised of a representative cross-
section of those interested in and participating in the Lubbock arts
community, has proposed certain Guidelines (hereinafter "Guidelines" that
are attached hereto as Exhibit A and made a part hereof and incorporated
herein by reference for all purposes) and said Guidelines require a Review
Committee to recommend to the City how the funds should be distributed:
NOW THEREFORE, the City and Council agree as follows:
I. The City hereby adopts, ratifies and affirms the Guidelines
attached hereto as Exhibit A and the procedures set forth therein.
i!. The City hereby agrees to pay to the Council the sum of
$106,178.00 in three equal installments of $35,392.66; the first
installment to be paid upon the execution of this agreement by both
parties, the second on or before August 15, 1990, and the third on or
before I'lovember 15, 1990.
:3. From the first installment paid by the City, $5,308.95 may be
used to pay the estimated administrative costs of the disbursement of the
funds. The balance of that installment and all other installments shall be
deposited pending disbursement to application grantees in an interest
bearing account at a depository of the Council's choosing. The principal
amounts of the installments only shall be expended as approved, with the
interest being rebated to the City at the end of the term of this agreement
(or sooner at the convenience of the parties).
4. The City, in writing, shall approve in advance the semi-annual
grant awards recommended by the Council and Review Committee.
5. The Council must maintain the funds provided by the City in a
separate account established for that purpose and may not commingle those
funds with any other money or maintain it in any other account.
6. The Council shall maintain complete and accurate financial
records as to the administrative costs of the disbursement of the funds and
as to the disbursement of the funds themselves and how they are spent by
the application grantees, and on request of the City or another person,
shall make the records available for inspection and review at all
reasonable times, and shall make at least quarterly reports to the City
with regard to such expenditures. The Council will furnish the City with
an annual financial report listing all expenditures made by the Council and
detailing how each grantee has expended its grant funds.
;F. The funds shall be disbursed to application grantees only in
accordance with the Guidelines attached hereto.
8. If the Review Committee approves applications for grants in
excess of the amount disbursed by the City in either the first or second
installlments, but less than the total amount of $106,178.00, the City, in
its sole discretion, may advance the additional amount requested prior to
the time when the remaining installment or installments are to be paid.
9. The Council shall allow the City's accountants to audit the
expenditure of the funds and shall be responsible for the costs of the
audits (which may be paid from the funds), and any other expenses incurred
by the City in assuring that said funds are properly disbursed by the
Council.
10. The Council hereby indemnifies the City from any and all claims
or liabilities of any nature whatsoever arising out of the disbursement and
use of the funds by the Council including, but not limited to, any cause of
action or claim arising at events made possible or partially possible by
the funds, and the Council further agrees to hold the City harmless
therefrom.
11. The Council will request that each grantee receiving funds
include the following acknowledgement on printed programs or other
information produced by the grantees: "This program (exhibit) is made
0
January 11, 1990
Page 9
possible (in part) through a grant from the City of Lubbock recommended by
the Lubbock Cultural Affairs Council."
12. This agreement shall expire December 31, 1990.
Executed this 11th day of January, 1990.
THE CITY OF LUBBOCK:
Is/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ranettel Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
s Rita P. Harmon Isj Donald G. Vandiver
Rita P.. Harmon, Assistant City Donald G. Vandiver, First Assistant
Manager for Public Safety and City Attorney
Services
LUBBOCK CULTURAL AFFAIRS COUNCIL:
s Jim Sims
Jim Sims, President
ATTEST:
Secretary
For each of the past ten years, the City Council has ap-
proved an Agreement with the Lubbock Cultural Affairs
Council whereby the City paid a portion of the revenues
collected from the Hotel/Motel Tax for the encouragement,
promotion and improvement of all forms of art in the
community. The 1990 Agreement provides for a total sum
of $106,178, which is one-half cent of the seven cent
Hotel/Motel Tax collected during the fiscal year ending
September 30, 1989. This represents an increase of
$11,339 above the allocation for 1989 which was $94,839.
The agreement provided that a review committee of the
Cultural Affairs Council would receive and evaluate
applications for art grants and make recommendations to
the City Council for awarding of these grants. Approved
grants then were paid by the Cultural Affairs Council out
of funds received from the City.
The Cultural Affairs Council recommended that a new
Agreement be approved to continue the program through
1990 with essentially the same provisions as those in the
1989 Agreement, except for the amount of money and
changes mandated by HB 1023.
The revisions to the Agreement include the following:
1) The City shall, in writing in advance, approve the
semi-annual grants recommended.
2) The Council must maintain the funds provided by the
City in a separate account and not co -mingle
those funds with other funds received or
maintained.
10
January 11, 1990
Page 10
3) The Council shall maintain complete and accurate
records on the administration costs and shall make
all records available for inspection and review at
all reasonable times.
These changes have been reviewed and approved by Russell
Hughes, Executive Director of the Cultural Affairs
Council.
Motion was made by Councilmember Maloy, seconded by
Councilmember Trejo to authorize Resolution #3276 as
recommended by Lubbock Cultural Affairs Council. Motion
carried: 7 Yeas; 4 Nays.
{ 8.) Hold a public hearing for the Emergency Shelter Grant
Program.
90-49A.-10-5
[ 9.) Consider Resolution #3277 authorizing the Mayor to
execute and submit the 1990 Emergency Shelter Grant
Application and all related documents.
RESOLUTION #3277
BE I'T RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to, execute for and on behalf of the City of Lubbock an Emergency
Shelter Grant Application for the year 1990 and related documents, which
Application is 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 11th day of January, 1990.
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Sandy Ogletree
Sandy Ogletree, Community
Development Administrator
/s/ B. C. McMinn_„
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Isf Teresa J. Wright
Teresa J. Wright, Assistant
Trial Attorney
LOCAL GOVERNMENT GRANTEE
EMERGENCY SHELTER GRANT PROGRAM
CERTIFICATIONS AND ASSURANCES
I, B. C. McMinn, Chief Executive Officer of the City of Lubbock,
Texas, hereby certify and assure the following in accordance with 24 CFR
575.51(b)(2):
(1) The City of Lubbock certified that the activities proposed in
this application for Emergency Shelter Grant funding are
consistent with the City of Lubbock's comprehensive Homeless
Assistance Plan (CHAP). In addition, if any of the grant funds
are used for an activity conducted outside the City of
Lubbock's jurisdiction, the City of Lubbock will secure and
provide to the U.S. Department of Housing and Urban Development
a certification that the activity is consistent with the CHAP
submitted by the following jurisdiction, as applicable:
11
January 11, 1990
Page 11
(a) if the activity is conducted within the boundaries of a
city or urban county having its own CHAP, then a
certification from its appropriate official of that
jurisdiction; or
(b) if the activity is not conducted within a unit of local
government having its own CHAP, then a certification from
the appropriate State official.
(2) The City of Lubbock certifies that it will provide the matching
supplemental funds required by 576.71. Matching funds in the
amount of $50,000 will be provided by the nonprofit
subrecipients of these Emergency Shelter Grant Funds.
(3) The City of Lubbock certifies that it will comply with:
(a) the requirements of 576.73 concerning the continued use
of buildings, for which emergency shelter grant amounts
are used, as emergency shelter for the homeless;
(b) the building standards requirements of 576.75; and
(c) the requirements of 576.77 concerning assistance to the
homeless.
(4) If grant amounts are used to provide emergency shelter for the
homeless in hotels or motels, or other commercial facilities
providing transient housing, the City of Lubbock certifies
that:
(a) leases negotiated between the City of Lubbock, or
nonprofit subrecipient (as appropriate), and providers of
such housing will provide that the living space will be
rented at substantially less than the daily room rate
otherwise charged by the facility; and
(b) the City of Lubbock, or nonprofit subrecipient (as
appropriate), will first consider using other facilities
as emergency shelter, and will determine whether the use
of facilities referred to in this paragraph (b)(2)(v)
provides the most cost-effective means of providing
emergency shelter for the homeless in its jurisdiction.
(5) The City of Lubbock certifies that it will conduct its
emergency shelter grant activities under this part, and will
ensure that any nonprofit subrecipients conduct their
activities under this part, in conformity with the
nondiscrimination and equal opportunity requirements contained
in 576.79(a) and the other requirements of this part and of
other applicable Federal law.
(6) The City of Lubbock certifies that any Emergency Shelter Grant
funds allocated under 576.21(a)(4)(ii) (homeless prevention
for families that have received eviction notices or termination
of utility services) will not supplant funding for pre-existing
homeless prevention activities from any other sources.
(7) The City of Lubbock assures that it will assume all the
environmental review responsibilities that would otherwise be
performed by HUD as the responsible Federal official under NEPA
and related authorities cited in 24 CFR 58.5, including
acceptance of Federal court jurisdiction, under 576.52.
(8) The City of Lubbock assures that it will comply with the
requirements of the Uniform Relocation Assistance and Real
Property Acquisition and Real Property Acquisition Act of 1970
(URA) (42 U.S.C. 4601-4655) at 576.80.
12
January 11, 1990
Page 12
(9) The City of Lubbock assures that it and the subrecipients of
ESGP funds will take all reasonable steps to minimize the
displacement of persons as a result of a project assisted under
this Part, in accordance with the URA.
(10) The City of Lubbock certifies that it and the subreceipients of
Emergency Shelter Grant funds will provide a drug free
workplace in accordance with the Drug Free Workplace Act of
1988.
(11) The City of Lubbock certifies that the submission of the
application required by 24 CFR 576.51(b) is authorized under
applicable provisions of law, and that the City of Lubbock
possesses the legal authority to carry out emergency shelter
grant activities in accordance with provisions of this part.
s B. C. McMinn
B. C. McMININ, MAYOR
Date: January 11, 1990
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
s SaridY Ogletree /s/ Teresa J. Wright
Sandy Ogletree Teresa J. Wright
Community Development Administrator Assistant Trial Attorney
APPLICATIGN AND EXHIBIT A FILED WITH RESOLUTION
Mayor McMinn opened the Public Hearing at 10:45 a.m.
According to a Staff memo to City Council the Emergency
Shelter Grant Program is an entitlement grant which has
been received by the City of Lubbock since 1987 to assist
the homeless and the estimated allocation is $50,000.
The emphasis of the grant is on the renovation and
rehabilitation of facilities.
The applications for funding were reviewed by a
subcommittee comprised of Mr. Larry Gardner of the
Community Development Advisory Committee, Ms. Lori
Bellair of the Community Services Advisory Committee, and
Ms. Octavia Givens of the Human Relations Commission.
Mr. Gardner, Subcommittee Chair, presented
recommendations for funding the following projects:
Women's Protective Services $20,000
MHMR Alcohol Treatment Program 20,000
Community Services -Prevention Program 10,000
$50,000
Staff memo advised further that the primary emphasis of
the Emergency Shelter Grant Program is renovation of
facilities and the proposals from Women's Protective
Services and MHMR involve rehabilitation of facilities.
The regulations allow only 20% of the total grant be
utilized for essential services, which are services
concerned with employment, physical health, substance
abuse, education, food and homeless prevention. (Homeless
prevention programs were identified during the
Congressional subcommittee hearing as the most effective
tool in combatting homelessness. Expenditures before a
person or family becomes homeless are less than
expenditures to restore housing to the family.) The
Community Services program is a prevention program which
also utilizes State funds.
Charlotte Foster, representing MHMR stated that MHMR
receives state funding but is not a state agency.
13
90-49A-.13-1
(10).
January 11, 1990
Page 13
Mayor Pro Tem Baker asked why MHMR was recommended over
Guadalupe and Larry Gardner responded that Guadalupe has
greater access to other sources of funding than some
other agencies.
Councilmember Patterson was concerned that the Grant
should be shared; Councilmember Phillips supported the
recommendations of the Review Committee and Mayor Pro Tem
Baker brought attention to the fact that Guadalupe has
received more funding than any other agency. Mayor
McMinn stated there was merit to funding renovation ❑f
facilities.
Councilmember Patterson suggested that the allocation t❑
Community Services be reduced to $5,000 and that the
remaining $5,000 be given to Guadalupe Economic
Development Corporation and Larry Gardner advised that
allocation monies returned to the City could be dedicated
for Guadalupe, leaving the Community Services allocation
intact.
Councilmember Trej❑ expressed concern for the homeless
and commended the high quality of work Guadalupe Economic
Development Corporation does in this area.
Councilmember Carpenter asked for a run-down of services
provided by MHMR and Charlotte Foster replied MHMR serves
500-600 persons per year: 27% Black, 30% Hispanic, 1%
Other, and 42% Anglo with more than 50% being homeless.
Staff recommended that Council support the Subcommittee
recommendations.
Motion was made by Councilmember Trejo, seconded by
Councilmember Patterson t❑ support the Subcommittee
recommendations with the stipulation that any returned
funds be given t❑ Guadalupe Economic Development
Services.
and Loop 289 and U.S.__62 and —Loop 289 Southwest.
RESOLUTION #3278
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 ❑n behalf of the City ❑f Lubbock the Cover
(Title) Sheet ❑f the Plans prepared by the Texas State Department of High-
ways and Public Transportation for State Project MC 783-1-62 and MC 183-2-
57 which will consist of removing and replacing the metal beam guard fences
at the intersections ❑f SH 114 (19th Street) and Loop 289 and also U. S. 62
and Loop 289 Southwest.
14
January 11, 1990
Page 14
Passed by the City Council this 11th day of January, 1990.
ATTEST:
/sZ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/sZ La7^ry D. Hertel
Larry [}. Hertel, City Engineer
COVER SHEET FILED WITH RESOLUTION
90-49A••14-8
(11).
90-49A-14-9
(12).
s B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Is1 J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
This proposed State project will replace the old guard
fences at the intersections of Loop 289 with SH 114 (19th
Street) and U.S. 62 (Brownfield Highway). The contract
is proposed to be let in April 1990 and Staff recommended
approval.
Motion was made by Councilmember Carpenter, seconded by
Councilmember Patterson to authorize Resolution #3278 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
Consider setting the date and time for the Community
Development Black Grant Public Hearing.
As part of the Community Development Block Grant
submission process, the City Council conducts one public
hearing to provide citizens opportunity to comment on
proposed expenditure of Community Development funds.
The recommended program developed by the Community
Development Advisory Committee will be published on
February 11, 1990. In the past, Council has held this CD
meeting at 5 p.m.
Motion was made by Councilmember Maloy, seconded by
Councilmember Patterson to set the Public Hearing for the
Community Development Block Grant Program for Thursday,
February 22, 1990 at 5:00 p.m., to be preceeded by Work
Session at 2:00 p.m., and Regular City Council Meeting at
3:00 p.m. Motion carried: b Yeas; 0 Nays. Mayor Pro
Tem Baker absent from Council Chambers.
RESOLUTION #3279
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement
to be entered into by and between the City of Lubbock and the Texas State
Department of Highways and Public Transportation concerning the
installation and maintenance of traffic signals on 50th Street at the
respective intersections of said 50th Street with University Avenue,
15
Indiana Avenue, Quaker Avenue, and Slide
shall be spread upon the minutes of the
minutes of this Council shall constitute
as if fully copied herein in detail.
January 11, 1990
Page 15
Road, attached herewith, which
Council and as spread upon the
and be a part of this Resolution
Passed by the City Council this 11th day of January, 1990.
ATTEST::
s Rariette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s David E. Woosle
David E. Woosley, Traffic Engineer
STATE OF TEXAS
COUNTY OF TRAVIS
s B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Isj J. Worth Ful l ingim�_____
J. Worth Fullingim, Assistant
City Attorney
This AGREEMENT, dated this 11th day of January, 1990, by and between
the State of Texas, hereinafter called the "State", Part ❑f the First Part;
and the City of Lubbock, Lubbock County, Texas, acting by and through its
duly authorized officers under an Resolution, passed the 11th day of
January, 1990, hereinafter called the "City", Part of the Second Part, is
made to become effective when fully executed by both parties.
WITNESSETH
WHEREAS, the City has authorized the installation ❑f traffic
signal(s) by Ordinance, passed ❑n the 28th day of May, 1981, at the
location (s) shown on EXHIBIT 1, attached hereto and made a part hereof;
and
WHEREAS, the State under the provisions of Title 43, Texas
Administrative Code, Section 25.5, has authority t❑ install traffic signals
on non -freeway locations within cities ❑f over 50,000 population, and on
non -highway routes in cities with less than 50,000 population when the
installlation(s) is(are) eligible for reimbursement from Federal Aid funds;
and
WHEREAS, the State wishes to cooperate with the City in the
installation of the traffic signal(s) at the location(s) shown on EXHIBIT
1;
AGREEMENT
NOW, therefore in consideration of the premises and of the mutual
covenants and agreements of the parties hereto to be by them respectively
kept and performed, as hereinafter set forth, it is agreed as follows:
1'. This Agreement shall apply to all highway traffic signal
installations approved by both the State and the City, the City's approval
being indicated by signature of the Mayor on the plan title sheet for such
installation.
2.. The State will furnish the necessary funds for the actual
construction, prepare specifications, install said highway traffic
signal(s) and supervise construction.
3. The City hereby consents to the construction of the highway
traffic signal(s) by the approval of the location and manner of
construction as shown on plans and described in specifications.
16
January 11, 1990
Page 16
4. The City will operate and maintain the highway traffic
signal(s) at their expense upon completion of the installation(s) by the
State.
5. The City will pay all power costs for operating the signal(s),
including all power necessary for installation and testing of the signals
prior to completion of the installation by the State.
�►. The City will return any and all parts of said highway traffic
signal installation(s) to the State should it(they) be removed by the City
for any reason other than for installation on a State or Federal numbered
highway route at a location approved by the State.
8. The City will be responsible for the police enforcement
required for securing obedience to the highway traffic signal(s).
9. In the event the signal(s) installed in accordance with this
Agreement become unnecessary or are removed for any reason, this Agreement
shall terminate.
10. To the extent permitted by law, the City shall indemnify and
save harmless the State, its agents or employees, from all suits, actions
or claims and from all liability and damages for any and all injuries or
damages sustained by any person or property in consequence of any neglect
in the performance, or failure of performance of the City, its agents and
employees under this Agreement.
11. The State will not incur any financial obligation to the City
as a result of this Agreement.
IN TESTIMONY WHEREOF, the parties hereto have caused these presents
to be executed in triplicate on the dates shown hereinbelow.
Executed on behalf of the City, this 11th day of January, 1990.
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s David E. Wooslev
David E. Woosley, P.E., City
Traffic: Engineer
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/sZ J. Worth Fullin im
J. Worth Fullingim, Assistant
City Attorney
THE STATE OF TEXAS
Certified as being executed for the purpose and effect of activating and/or
carrying out the orders, established policies, or work programs heretofore
approved and authorized by the State Highway and Public Transportation
Commission under the authority of Minute Order 82513.
APPROVED:
By:
Traffic Operations Engineer
Date:
EXHIBIT 1 - LOCATIONS
50th Street and University Avenue
50th Street and Indiana Avenue
50th Street and Quaker Avenue
50th Street and Slide Road
17
90-49A--17-10
(14).
January 11, 1990
Page 17
On December 7, 1989, Council authorized the Mayor to sign
the cover sheet of the plans to upgrade the traffic
signals at these four intersections, in accordance with
recommendations of the "1988 High Accident Location
Study" prepared by DeShazo, Starek and Tang, Inc.,
Dallas, Texas. This agreement commits the City to
maintaining the traffic signal equipment (after it's
installation by the State) and paying all power costs for
operating the traffic signals. The City will als❑ be
required to pay 10% of construction costs. The City
currently maintains and provides power for these signals
and has $27,200 set aside in the Capital Projects Budget
to fund this signals upgrade. Staff recommended
approval.
Motion was made by Councilmember Patterson, seconded by
Councilmember Maloy to authorize Resolution #3279 as
recommended by Staff. Motion carried: 6 Yeas; 0 Nays.
Mayor Pro Tem Baker absent from Council Chambers.
RESOLUTION #3280
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement
with Smarte Carte, Inc., attached herewith, which shall be spread upon the
minutes of the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein in
detail„
Passed by the City Council this llth day of January, 1990.
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
s Bean E. Case /s/ Harold Willard
Bern E. Case, Director of Aviation Harold Willard, Assistant
City Attorney
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
KNOW ALL MEN BY THESE PRESENTS:
AGREEMENT
THIS AGREEMENT, made and entered into at Lubbock, Texas, by and
between the CITY OF LUBBOCK, TEXAS, a home rule municipality, hereinafter
referred to as "Lessor," and SMARTE CARTE, INC., a Minnesota Corporation,
hereinafter referred to as "Lessee."
WITNESSETH:
WHEREAS, Lessor owns and operates a public airport known as Lubbock
International Airport, and hereinafter referred to as "Airport;" and
18
January 11, 1990
Page 18
WHEREAS, Lessee owns a cart management system which rents carts to
the public on a self-service basis for use in transporting baggage at
airport terminals and other locations; and
WHEREAS, both Lessor and Lessee agree that it would be to their
mutual advantage if Lessee installed, operated and maintained its cart
management system at the -Airport;
14OW THEREFORE, for and in consideration of the covenants and
conditions herein contained and other valuable consideration, Lessor hereby
authorizes Lessee to install, operate and maintain its cart management
system at the Airport and exercise the rights, powers and privileges
hereinafter set forth.
ARTICLE i
The term of this Agreement shall be for a period of five (5) years
beginning one hundred and twenty days (120) after the execution of this
Agreement and shall be automatically extended for an additional five (5)
years unless Lessor or Lessee gives written notice to the other party not
less than ninety (90) days prior to the expiration of the first five-year
period.
ARTICLE II
For purposes of this Agreement, the following definitions shall be
applicable:
"Gross proceeds" shall mean the sum of every net rental charge (as
hereinafter defined) generated from the rentals of carts from the cart
management units installed at the Airport, excluding therefrom, however,
all sales taxes and excise taxes imposed by governmental taxing agencies
accruing as a result of such rentals.
"'Net rental charge" shall mean the rental charge for each cart rented
by a user obtaining release of the cart from a cart management unit
installed at the Airport, less the amount of refund received by the user
(or other person) upon return of the cart to the cart management unit.
ARTICLE III
In consideration of the rights, powers and privileges herein granted,
Lessee shall pay to Lessor in each calendar month of this Agreement that
gross proceeds from cart rentals at the Airport exceed TWO HUNDRED DOLLARS
($200) a rental equal to FIVE PERCENT (5%) of such gross proceeds.
On ❑r before the twentieth (20th) day of each month this Agreement is
effective, Lessee shall submit to the Director of Aviation of Lessor a true
and correct statement of gross proceeds received by Lessee from cart
rentals at the Airport during the preceding calendar month and payment
shall be made contemporaneously and in accordance with said statement.
ARTICLE IV
This Agreement is subject to the following conditions:
1. Approximately 120 days after the execution of this Agreement, Lessee
will at its awn expense install two (2) cart management units and
twenty-two (22) carts at locations in the common bag claim areas of
the Airport designated by the Director of Aviation of Lessor, and may
subsequently -install additional units and carts with the consent of
said Director of Aviation. Lessor will provide the electrical
hookups necessary for the operation of all such units.
2. Lessee will operate and maintain all cart management units and carts
installed at the Airport, and Lessor shall have no right or title to
such units or carts, nor any responsibility to operate and maintain
the same, other than the payment of labor costs not to exceed twenty
dlollars ($20) per week per cart management unit.
19
January 11, 1990
Page 19
3. This Agreement is subject t❑ all applicable laws, ordinances, rules
and regulations pertaining to Lubbock International Airport.
4. Lessee's right to operate a cart management system at the Airport
shall be nonexclusive.
5. Lessee will erect no signs or displays and will distribute no
advertising matter in 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 Ackerly Airport
Advertising, Inc., or any other party having the right to sell, rent
or offer airport terminal advertising space.
5. Lessor shall have the right at all times to change the location of
the cart management units, and the cost of any such change shall be
borne by Lessee.
7. Lessor shall have the right to approve any alterations to the common
bag claim areas of the Airport necessary for the installation of cart
management units and carts.
8. ILessor, acting by and through its Director of Aviation or other
designated representative, shall have the right to inspect the cart
management units and carts at all reasonable times during the term of
'this Agreement.
9. Any property of Lessor or any property for which Lessor may be
responsible, which is damaged or destroyed incident to the exercise
of any right, power or privilege herein granted Lessee, ❑r as a
result of acts or omissions of employees or agents of Lessee, shall
be properly repaired or replaced by Lessee to the satisfaction of
Lessor.
10. Upon sixty (50) days written notice to Lessor, Lessee may increase
'the net rental charge for the use of its carts at the Airport
consistent with cart management system operations at other locations.
11. Lessee covenants and agrees to fully indemnify, defend and forever
save harmless Lessor, its authorized agents, representatives,
officers and employees, individually and collectively from and
against any and all liability for fines, claims, suits, demands,
actions or causes of action of any nature arising directly or
-indirectly out of or resulting from any acts or omissions of Lessee,
•its agents, officers or employees under this Agreement.
12. Lessee shall maintain at all times, at its sole expense, insurance
with an insurance underwriter authorized to do business in the State
of Texas, against claims of public liability and property damage
resulting from Lessee's business activities at the Airport pursuant
to this Agreement. The amount of coverage shall not be less than the
following:
Public Liability $250,000 each person
$250,000 each occurrence
Property Damage $250,000
Certificates of insurance ❑r other satisfactory evidence of insurance
shall be provided by Lessee to the Director of Aviation of Lessor
prior to the beginning of the term of this Agreement. Each
certificate shall name the Lessor, City of Lubbock, as an additional
insured, and also contain a provision requiring the insurer to give
the Lessor written notice of cancellation or of any material change
in coverage at least thirty (30) days in advance of the effective
date of such cancellation or material change.
13. This Agreement is assignable by Lessee t❑ its bank lender and Lessor
agrees to permit such bank lender to exercise the rights, powers and
privileges of Lessee under this Agreement.
zo
January 11, 1990
Page Pa
14. The failure of Lessor to insist in any one or more instances upon
performance of any of the terms or conditions of this Agreement shall
not be construed as a waiver or relinquishment ❑f the future
performance of any such terms or conditions, and Lessee's obligation
with respect to such future performance shall continue in full force
and effect.
ARTICLE V
This Agreement shall terminate at the end of its term and Lessee
shall have no further right or interest in the Airport.
This Agreement is also 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. Lessee may terminate upon the happening of any of the following:
1. The permanent abandonment of the Airport as an airline
terminal.
2. The issuance of an injunction by any court of competent
jurisdiction which in any way prevents or restrains the use of
the Airport or any substantial part thereof, for Airport
purposes, provided such injunction remains in force for at
least thirty (30) days.
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 thirty (30) days after written notice
from Lessee of the existence of such breach.
41. The assumption by the United State Government, or any of its
authorized agencies, of the operation, control or use of the
Airport and its facilities in such a manner as to substantially
restrict Lessee from operating under the terms of this
Agreement, if such restriction is to continue or has continued
for a period of three (3) months or more.
B. Lessor may terminate upon the happening of any of the following:
I. If Lessee shall file a voluntary petition of bankruptcy; or, if
the proceedings in bankruptcy shall be instituted against
Lessee and it is thereafter adjudicated as bankrupt pursuant to
such proceedings; or, if a court shall take jurisdiction of
Lessee and its assets pursuant t❑ proceedings brought under the
provision of any federal reorganization act; or, if a receiver
for Lessee's assets is appointed; or, if Lessee shall be
divested or its rights, powers and privileges under this
Agreement by other operation of law.
2'. If Lessee shall abandon and discontinue operations under this
Agreement.
3. If Lessee shall default in or fail to make any payments at any
time and in the amounts required by this Agreement.
4. If Lessee shall fail to perform, keep or observe all of the
covenants and conditions contained in this Agreement to be
performed, kept or observed by Lessee.
5. If Lessee shall fail to abide by all applicable laws,
ordinances, rules and regulations of the United States, State
of Texas and City of Lubbock.
6. If Lessor, acting in good faith, finds termination of the
rights, privileges and interests of Lessee acquired under this
Agreement to be necessary to secure federal financial aid for
19
January 11, 1990
Page 19
3. This Agreement is subject to all applicable laws, ordinances, rules
and regulations pertaining to Lubbock International Airport.
4. Lessee's right to operate a cart management system at the Airport
shall be nonexclusive.
5. Lessee will erect no signs or displays and will distribute no
advertising matter in 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 Ackerly Airport
Advertising, Inc., or any other party having the right to sell, rent
or offer airport terminal advertising space.
b. Lessor shall have the right at all times to change the location of
the cart management units, and the cost of any such change shall be
borne by Lessee.
7. Lessor shall have the right to approve any alterations to the common
bag claim areas of the Airport necessary for the installation of cart
management units and carts.
8. Lessor, acting by and through its Director of Aviation or other
designated representative, shall have the right to inspect the cart
management units and carts at all reasonable times during the term of
this Agreement.
9. Any property of Lessor or any property for which Lessor may be
responsible, which is damaged or destroyed incident to the exercise
❑f any right, power or privilege herein granted Lessee, or as a
result of acts or omissions of employees or agents of Lessee, shall
be properly repaired or replaced by Lessee to the satisfaction of
Lessor.
10. Upon sixty (60) days written notice to Lessor, Lessee may increase
the net rental charge for the use of its carts at the Airport
consistent with cart management system operations at other locations.
11. Lessee covenants and agrees to fully indemnify, defend and forever
save harmless Lessor, its authorized agents, representatives,
officers and employees, individually and collectively from and
against any and all liability for fines, claims, suits, demands,
actions or causes of action of any nature arising directly or
iindirectly out of or resulting from any acts or omissions of Lessee,
iits agents, officers or employees under this Agreement.
12. Lessee shall maintain at all times, at its sole expense, insurance
with an insurance underwriter authorized to do business in the State
of Texas, against claims of public liability and property damage
resulting from Lessee's business activities at the Airport pursuant
to this Agreement. The amount of coverage shall not be less than the
following;
Public Liability $250,000 each person
$250,000 each occurrence
Property Damage $250,000
Certificates of insurance or other satisfactory evidence of insurance
shall be provided by Lessee to the Director of Aviation of Lessor
prior to the beginning of the term of this Agreement. Each
certificate shall name the Lessor, City of Lubbock, as an additional
insured, and also contain a provision requiring the insurer to give
the Lessor written notice of cancellation or of any material change
in coverage at least thirty (30) days in advance of the effective
date of such cancellation or material change.
13. This Agreement is assignable by Lessee to its bank lender and Lessor
agrees to permit such bank lender to exercise the rights, powers and
privileges of Lessee under this Agreement.
21
January 11, 1990
Page 21
the development of the Airport, or further development or
promotion of aeronautical operations thereon.
ARTICLE VI
Notices to Lessor required or appropriate under this Agreement shall
he deemed sufficient if in writing and mailed by certified mail, return
receipt requested, to the Director of Aviation, Lubbock International
Airport, Route 3, Box 201, Lubbock, Texas 79401.
Notices to Lessee required or appropriate under this Agreement shall
he deemed sufficient if in writing and mailed by certified mail, return
receipt requested, to Smarte Carte, Inc., 2480 East County Road F, White
Bear Lake, MN 55110.
EXECUTED this 29th day of December, 1989.
ATTEST:
s Tarnara Phi en
ATTEST:
Zsl Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Zsl Ber,n E. Case
Bern E. Case, Director of Aviation
Smarte Carte Inc.
public use, which
machines.
SMARTE CARTE, INC.
/s/ James M. Muellner�
CITY OF LUBBOCK, TEXAS
Is/ B. C. McMinn
B.C. McMINN, MAYOR
APPROVED AS TO FORM:
Is/ Harold Willard
Harold Willard, Assistant
City Attorney
provides and insures baggage carts for
are dispensed by their vending
The airport would receive a commission of 5% on the
portion over $200 each month. The term of this Lease is
for five years, with the ability to extend the Lease to a
second five year period.
The Airport Board discussed and approved the Lease on
December 13, 1989 and Staff recommended approval.
Motion was made by Councilmember Patterson, seconded by
Councilmember Maloy to authorize Resolution #3280 as
recommended by Staff. Motion carried: 5 Yeas; 0 Nays.
Mayor Pro Tem Baker absent from Council Chambers
90-49A-21-11
(15.) Consider Resolution #3281 authorizing the Mayor to
execute a Lease with Delta Airlines for services at
Lubbock International Airport.
RESOLUTION #3281
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
22
January 11, 1990
Page 22
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 Addendum No. 1
to the Airline Lease Agreement by and between the City and Delta Air Lines,
Inc., attached herewith, which shall be spread upon the minutes of the
Council and as spread upon the minutes of this Council shall constitute and
be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 11th day of January, 1990.
ATTEST„
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Zs/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
s Ber^n Case s Harold Willard
Bern Case, Director of Aviation Harold Willard, Assistant
City Attorney
ADDENDUM NO. I
TO AIRLINE LEASE AGREEMENT
BY AND BETWEEN
THE CITY OF LUBBOCK, TEXAS,
AND
DELTA AIR LINES, INC.
WHEREAS, the City of Lubbock, Texas, hereinafter referred to as
"City", and Delta Air Lines, Inc., hereinafter referred to as "Lessee",
executed an agreement on or about February 23, 1984, in which Lessee agreed
to lease from City space and facilities in the terminal building at Lubbock
International Airport sufficient to conduct its business of air
transportation at said Airport; and
WHEREAS, both City and Lessee, for good and valuable consideration,
desire to amend the agreement which both such parties executed on or about
February 23, 1984;
NOW THEREFORE, the Certificated Passenger Airline Lease executed by
City and Lessee on or about February 23, 1984, is hereby amended as
follows:
1'. Article I, Section 1.03, Paragraph (I) of said lease agreement
is hereby amended to read as follows:
(I) The right to provide food and beverages for consumption
in flight by passengers and crews of Lessee or by
passengers and crews of any other Certificated Passenger
Air Transportation Companies. Lessee shall also have the
right to arrange for food and beverages to be provided to
its passengers and crew members when said passengers or
crew members are grounded at the Airport because of
weather, mechanical conditions or other similar emergency
conditions; provided, however, that if said passengers or
crew members are to be given food and beverages at the
Airport, Lessee shall arrange for this service from the
person, firm or corporation holding concession rights
from the City for food and beverage service at the
Airport. In addition, Lessee may furnish, free of cost,
coffee and doughnuts to its passengers, provided such
items are purchased through the person, firm or
corporation holding concession rights from the City for
food and beverage service at the Airport. Lessee shall
be relieved of its obligation under this subparagraph (I)
to purchase food and beverages from the person, firm or
corporation holding concession rights at the Airport if
such concessionaire is unable or unwilling to provide the
23
January 11, 1990
Page 23
food and beverages requested in a timely manner. Except
to the extent hereinabove specifically provided, nothing
in this subparagraph (I) shall be deemed to give Lessee
the right to maintain or operate at the Airport a
cafeteria, restaurant, bar, cocktail lounge or vending
machines or in any manner otherwise providing for the
sale of food or beverages to the public.
i!. Article V, Section 5.01 of said lease agreement is hereby
amended to read as follows:
Section 5.01 - Term. A. The initial term of this Lease
shall commence on the 1st day of June, 1983, and end on the
30th day of September, 1999, subject, however, to earlier
termination as hereinafter provided under Article XI and to
renegotiation of the Maintenance and Operation portion of the
rentals and fees as hereinafter provided; the first such
renegotiation shall commence upon written demand by either
party, at least ninety (90) days prior to April 1, 1985.
Subsequent renegotiations shall commence upon written demand by
either party at least ninety (90) days prior to April 1, 1988;
April 1, 1991; April 1, 1994 and April 1, 1997; such dates
being the time of expiration of anniversary years of this
Lease. In the event that no written demand for renegotiation
is made by either party at least ninety (90) days prior to the
expiration of such anniversary years, the rentals and fees then
current shall apply for the succeeding three year period.
B. Thirteen (13) months prior to the expiration of
'this Lease, City shall notify Lessee, in writing, that
negotiations should commence to enter into a new lease
agreement. Lessee shall upon receipt of such notification
arrange for a meeting with City if Lessee desires to execute a
new lease with City. The Lessee and City shall meet and
commence said negotiations within thirty (30) days of the
written notification hereinabove referred to and shall continue
such negotiations with reasonable diligence so that a new lease
shall be executed by the parties and be in effect upon the
expiration of the term of this lease agreement. In the event
'the parties hereto have negotiated with diligence and are
unable to conclude a new lease agreement before the expiration
of the term of this lease agreement and it is evident that
additional time is needed to conclude such new lease agreement,
then in such event the Lessee may apply for an extension of
time in which to operate at the Airport and conclude the
negotiations, which extension may be granted by the Director of
Aviation. Such extension shall be for no longer period of time
than twelve (12) months from the date of termination of this
Lease. Any extension of this Lease shall be in writing and
signed by Lessee and the Director of Aviation. During any
extension, Lessee shall be subject to the rates, fees, rentals
and other charges established by the Airport Board for
Certificated Passenger Air Transportation Companies that are
month -to -month tenants. 8oth City and Lessee herein agree,
however, that all negotiations for any new lease shall be
conducted in good faith.
:I. Article V of said lease agreement is hereby amended by adding
Section 5.08 thereto, which shall read as follows:
Section 5.08 - Duty to Prevent Unauthorized Access to the
Premises. Lessee shall prohibit and prevent access or entry
unto the Exclusive Leased Premises and any sterile area by any
person or property whose access or entry is not authorized and
Lessee agrees that in the event that a civil penalty or fine is
levied against the Airport or City as a result of Lessee's
failure to comply or act in accordance with this provision, or
any 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
24
January 11, 1990
Page 24
reimburse the Airport or City the full amount of the penalty or
fine and correct the act or omission leading to, causing or
contributing to the violation. The term "sterile area" as
herein used shall mean any area at the Airport which Lessee
possesses or controls either singularly or in conjunction with
other air carriers and to which access is controlled by the
inspection of persons and property in accordance with any
security program mandated by the Federal Aviation
Administration.
4. Article VI, Sections 6.01, 6.02 and 6.03 of said lease
agreement are hereby amended to read as follows:
Section 6.01 - Rental for Exclusive Terminal Building
Sgace.� Rental for the 3,882 square feet of exclusive leased
space within the terminal building of the Airport, as described
in Section 1.01, shall include a fixed fee of $5.63 per sq. ft.
per year (to cover debt service) or $21,855.66 per year.
In addition to the fixed fee above set forth, a variable
:sum shall be charged to Lessee for Maintenance and Operation (M
& 0) costs as follows:
(a) The charge for M & 0 prior to April 1, 1988, shall
be assessed at the rate of $2.62 per sq. ft. per
year; and
(b) Effective April 1, 1988, the charge for M & 0 shall
be increased to $2.87 per sq. ft. per year; and
(c) Effective October 1, 1988, the charge for M & 0
shall be increased to $3.87 per sq. ft. per year,
subject to CPI adjustments as hereinafter set
forth; and
(d) Effective October 1, 1989, the charge for M & 0
shall be increased to $4.87 per sq. ft. per year,
subject to CPI adjustments as hereinafter set
forth; and
(e) Effective October 1, 1990, the charge for M & 0
shall be increased to $5.87 per sq. ft. per year,
subject to CPI adjustments as hereinafter set
forth.
Notwithstanding any of the rates set forth in subsections
(c) through (e) of this section and further notwithstanding any
provision to the contrary in this Lease, effective October 1,
1.988, and each year thereafter on the same month and day for
the remainder of the term of this Lease, the M & 0 portion of
the rental for exclusive leased space due under this section
shall be adjusted upward or downward in accordance with the
increase or decrease for the same period of time in the
Consumer Price Index published by the Bureau of Labor
Statistics of the United States Government, hereinabove and
hereinafter called "CPI". It is the intention of the parties
hereto that the charges set forth in subsections (c) through
(e) of this section shall vary upward or downward in accordance
with the CPI.
Section 6.02 - Landing Fee. The fee for the use of the
landing area and facilities necessary therefor as granted
hiereunder, except those for which rentals are specifically
provided elsewhere herein, shall be as follows:
32.5t effective October 1, 1981
35t effective October 1, 1983
40t effective October 1, 1986
25
January 11, 1990
Page 25
per 1,000 pounds of the approved maximum gross landing weight
of each actual flight operated.
Effective October 1, 1988, the fee for the use of the
landing area and facilities necessary therefor as granted
hereunder, except those for which rentals are specifically
provided elsewhere herein, shall be .45 per 1,000 pounds of
the approved maximum gross landing weight of each actual flight
operated. Effective October 1, 1991, the fee for the use of
such landing area and facilities shall be .50 per 1,000 pounds
of the approved maximum gross landing weight of each actual
flight operated. Effective October 1, 1994, the fee for the
use of such landing area and facilities shall be�55 per 1,000
pounds of the approved maximum gross landing weight of each
actual flight operated. Effective October 1, 1997, the fee for
the use of such landing area and facilities shall be 1.60 per
1,000 pounds of the approved maximum gross landing weight of
each actual flight operated.
Not later than the fifth day of each month, Lessee shall
file with the Director of Aviation a report of Lessee's actual
'landings at the Airport for the preceding month, which report
shall include the number and type of aircraft making such
landings.
The term "approved maximum gross landing weight" for any
aircraft, as used herein, shall be the maximum landing weight
approved by the Federal Aviation Administration for landing
such aircraft at the Airport. Lessee shall provide the City
with a summary of the "approved maximum gross landing weights"
for each type of aircraft it operates at the Airport. Five
hundred (500) pounds or any larger part of one thousand (1,000)
pounds shall be counted as if a whole one thousand (1,000)
pounds and any smaller part shall be disregarded.
Section 6.03 - Rental for Common Use Area.
A. Common Bag Claim Area
Rental for the 16.939 sq. ft. common bag claim area
shall be charged jointly to Lessee and all other Certificated
Passenger Air Transportation Companies which now or may
hereafter have valid leases at the Airport according to the
common bag claim area formula, as hereinafter defined, and
Lessee herein agrees to pay its pro rata portion of such
rental, which shall include a fixed fee of $5.63 per sq. ft.
per year (t❑ cover debt service) or $95,366.57 per year.
In addition to the fixed fee above set forth, a variable
sum shall be charged jointly to Lessee and all such Air
Transportation Companies for Maintenance and Operation (M & 0)
costs as follows:
(a) The charge for M & 0 prior to April 1, 1988, shall
be assessed jointly at the rate of $2.62 per sq.
ft. per year; and
(b) Effective April 1, 1988, the charge for M & 0 shall
be increased to $2.87 per sq. ft. per year; and
(c) Effective October 1, 1988, the charge for M & 0
shall be increased to $3.87 per sq. ft. per year,
subject to CPI adjustments as hereinafter set
forth; and
(d) Effective October 1, 1989, the charge for M & 0
shall be increased to $4.87 per sq. ft. per year,
subject to CPI adjustments as hereinafter set
forth; and
26
January 11, 1990
Page 26
(e) Effective October 1, 1990, the charge for M & 0
shall be increased to $5.87 per sq. ft. per year,
subject to CPI adjustments as hereinafter set
forth.
Notwithstanding any of the rates set forth in subsections
(c) through (e) of this section and further notwithstanding any
provision to the contrary in this Lease, effective October 1,
1988, and each year thereafter on the same month and day for
the remainder of the term of this Lease, the M & 0 portion of
the rental for common bag claim area due under this section
:shall be adjusted upward or downward in accordance with the
'increase or decrease for the same period of time in the
Consumer Price Index published by the Bureau of Labor
Statistics of the United States Government, hereinabove and
hereinafter called "CPI." It is the intention of the parties
hereto that the charges set forth in subsections (c) through
(e) of this section shall vary upward or downward in accordance
with the CPI.
The total common bag claim area charges shall be prorated
among all Certificated Passenger Air Transportation Companies
at the Airport based on the following formula: 20% of the total
charges shall be divided equally among all Certificated
(Passenger Air Transportation Companies and the remaining 80%
prorated based on each such carrier's percentage of
enplanements in the preceding month. Not later than the fifth
day of each month, the Lessee shall file with the Director of
Aviation a summary of the actual number of passenger
enplanements on Lessee's aircraft and the actual number of
departures of Lessee's aircraft from the Airport for the
preceding month. Lessee agrees to pay its calculated pro rata
amount of common bag claim area rental monthly in accordance
with the above common bag claim area formula.
B. Common Boarding Lounge Area
Approximately 51,685 square feet of space and nine
11,9) loading gates are available for use as common boarding
lounge area. Both City and Lessee agree that for purposes of
this Lease the common boarding lounge area shall consist of
those six (6) gates that formed the common boarding lounge area
before the Airport was expanded and remodeled to provide
additional space for airline ticketing and operations
facilities, but such common area shall be enlarged to include
an additional gate for each Certificated Passenger Air
Transportation Company that either begins or has already begun
providing Air Transportation services at the Airport after
January 1, 1987.
Initially, the base rental rate for the common boarding
lounge area shall be $2.62 per sq. ft. per year. Effective
April 1, 1988, the base rental rate for the common boarding
lounge area shall be $2.87 per sq. ft. per year. Effective
October 1, 1988, and each year thereafter on the same month and
clay for the remainder of this Lease, the base rental rate for
the common boarding lounge area shall be adjusted upward or
downward in accordance with the increase or decrease for the
name period of time in the -Consumer Price Index published by
the Bureau of Labor Statistics of the United States Government,
hereinafter called "CPI." In addition to any increase or
decrease in the base rental rate resulting from changes in the
CPI, $1.00 per sq. ft. will automatically be added to the base
rental rate effective October 1, 1988, and a like sum shall
automatically be added to such base rental rate on the same
month and day of each of the next two succeeding years so that
the base rental rate, subject to adjustment for changes in the
CPI, shall be as follows:
27
January 11, 1990
Page 27
(a) April 1, 1988, to October 1, 1988 -- $2.87 per sq.
ft. per year x 51,685 square feet = $148,335.95
(yearly rental);
(b) October 1, 1988, to September 30, 1989 -- $3.87 per
sq. ft. per year x 51,685 square feet = $200,020.95
(yearly rental);
(c) October 1, 1989,
sq. ft. per year
(yearly rental) ;
(d) October 1, 1990,
sq. ft. per year
(yearly rental).
to September 30, 1990 -- $4.87 per
x 51,685 square feet = $251,705.95
to September 30, 1991 -- $5.87 per
x 51,685 square feet = $303,390.95
Rental of the common boarding lounge area shall be
charged jointly to all Certificated Passenger Air
Transportation Companies which now or may hereafter have leases
at the Airport according to the common boarding lounge area
Formula, as herein defined, and in accordance with the
Following calculation, and Lessee herein agrees to pay its pro
irata portion of such rental:
(6/9 X base rental rate X 51,685 square feet = annual rental)
However, the fraction in the above calculation shall be
enlarged by one -ninth each time that a Certificated Passenger
Air Transportation Company either has begun or does begin
providing Air Transportation services at the Airport after
January 1, 1987. In like manner, the fraction shall be reduced
by one -ninth whenever any Certificated Passenger Air
Transportation Company ceases providing Air Transportation
:services at the Airport after January 1, 1987. Except,
however, such fraction shall not be reduced if any Certificated
Passenger Air Transportation Company with an unexpired lease
takes bankruptcy and refuses to surrender its lease or allow
the City to reclaim the space so occupied by such Air
Transportation Company for any reason whatsoever.
City and Lessee hereby agree that two (2) new
Certificated Passenger Air Transportation Companies have
commenced providing Air Transportation services at Lubbock
International Airport after January 1, 1987, and that the
fraction in the formula as above set forth shall be adjusted in
accordance with the above described procedure from the date
such new Air Transportation Companies commenced services, which
dates were November 12, 1987, and January 31, 1989,
respectively. City and Lessee also hereby agree that the
Certificated Passenger Air Transportation Company which began
providing Air Transportation services at the Airport an January
31, 1989, ceased providing such services and discontinued
operations at the Airport on July 31, 1989.
The total common boarding lounge area charges shall be
prorated among all Certificated Passenger Air Transportation
Companies at the Airport based on the following formula: 20% of
the total charges shall be divided among all Certificated
Passenger Air Transportation Companies based on the percentage
of departures in the previous month, and 80% shall be prorated
based on each such carrier's percentage of enplanements in the
previous month. Lessee agrees to pay its calculated pro rata
amount of common boarding lounge area rental monthly in
accordance with the above common boarding lounge area formula.
Loading gates which have not been designated as common
boarding lounge area shall not be considered as such unless
added to the common area in accordance with this Section 6.03.
However, Lessee may at no additional charge utilize the loading
Slates not included in the common area for diversion or off-
28
January 11, 1990
Page 28
schedule operations. Lessee may similarly use these loading
gates for charter flights after negotiating a use fee with the
Airport Board of City. City herein agrees to train Lessee's
personnel to operate such loading gates for these purposes.
5. Article VI, Section 6.06 of said lease agreement is hereby
amended by adding a paragraph at the end of such section which shall read
as follows:
Lessee shall pay City a late payment charge of five
percent (5%) of the total amount of rentals, fees and other
charges payable if payment is not made when due.
6. Article VI of said lease agreement is hereby amended by adding
Section 6.018 thereto, which shall read as follows:
Section 6.08 - Security Charges. Notwithstanding
anything to the contrary contained in this lease agreement, a
charge of twenty-five cents (25t) shall be assessed to Lessee
for each of Lessee's enplaned passengers at the Airport for
backup security reimbursement. An enplaned passenger is any
person that initially boards an airplane at the Airport or any
person that leaves an airplane and reboards an airplane at the
Airport.
7. Article VIII, Section 8.02, Paragraph (A) of said lease
agreement is hereby amended to read as follows:
(A) The right to further develop or improve the landing area and
other portions of the Airport as City deems necessary. City
agrees to advise Lessee of any proposed capital expenditure in
excess of $100,000 and to consult with Lessee prior to
undertaking such capital expenditure. However, nothing in this
Section 9.02 or elsewhere in this Lease shall be construed as a
delegation of the City's authority to determine when such
capital expenditures are deemed necessary. If feasible, such
improvements shall be made in a manner which will cause Lessee
as little inconvenience as possible. Lessee shall not be
assessed any rentals, fees or other charges for such
improvements unless Lessee occupies or utilizes such
improvements either exclusively or in conjunction with other
air carriers, or the improvements are required by the Federal
Aviation Administration or for the safe operation of the
Airport.
8. Article XIII of said lease agreement is hereby amended by
adding Section 13.20 thereto, which shall read as follows:
Section 13.20 - Understanding _of_the Parties. City herein agrees not
to assess Lessee any rates for rentals, fees and other charges less
favorable than those rates for rentals, fees and other charges assessed to
standard short-term tenants and month -to -month tenants for comparable space
or facilities. However, City reserves the right to assess higher rates for
rentals, fees and charges to short-term and month -to -month tenants in the
future. A short-term tenant is herein defined to mean a Certificated
Passenger Air Transportation Company other than a tenant at will or hold
over tenant which has a lease agreement with the City with an initial term
of less, than three (3) years. A month -to -month tenant or tenant at will is
herein defined to mean a Certificated Passenger Air Transportation Company
which is neither a long-term tenant nor a short-term tenant at the Airport
and whose business relationship with the City is on a month -to -month basis.
A long-term tenant is herein defined to mean a Certificated Passenger Air
Transportation Company which has a lease agreement with the City with an
initial term of three (3) or more years.
91. Notwithstanding the date on which this ADDENDUM is executed,
Lessee herein agrees to pay City rentals for exclusive leased space and
common areas retroactively in accordance with amended Sections 6.01 and
6.03 as though this ADDENDUM had been executed and became effective on
April 1, 1988. However, in calculating such rentals, Lessee shall be given
29
credit for those rentals already paid to City
rentals due City after such calculations are
and payable upon execution of this ADDENDUM.
that rentals have been overpaid, Lessee shall
overpayments.
January 11, 1990
Page 29
since April 1, 1988. Any
made shall be immediately due
If such calculations indicate
receive a credit for such
10. Notwithstanding the date on which this ADDENDUM is executed,
Lessee herein agrees to pay City landing fees retroactively in accordance
with amended Section 6.02 as though this ADDENDUM had been executed and
became effective on October 1, 1988. However, in calculating such landing
fees, Lessee shall be given credit for those landing fees already paid to
City siince October 1, 1988. Any landing fees due after such calculations
are made shall be immediately due and payable upon execution of this
ADDENDUM. If such calculations indicate that landing fees have been
overpaid, Lessee shall receive a credit for such overpayments.
1I. The rentals and fees set forth in amended Sections 6.01, 6.02
and 6.03, as modified by this ADDENDUM, shall remain in force and effect
according to the terms set forth in the above mentioned sections unless
such rentals and fees set forth in said amended sections, above named, are
renegot:i ated.
12. In the event of any conflict between the provisions of this
ADDENDUM and the provisions of the said lease agreement which this ADDENDUM
amends and modifies, the provisions of this ADDENDUM shall be controlling
and shall define and govern the business relationship between the City and
Lessee,.
:13. The location of the Exclusive Leased Premises and the Non -
Exclusive Use Premises herein leased to Lessee are each designated and set
forth on Exhibit B attached hereto and by this reference made a part of
this ADDENDUM for all purposes.
:14. Nothing in this ADDENDUM shall ever be construed or understood
as a delegation or surrender of the City of Lubbock's governmental
authority.
Executed this llth day of January, 1989.
CITY OF= LUBBOCK
BY•/s/ B. C. McMinn
B.C. McMINN, MAYOR
ATTEST:
s Rarrette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Bern E. Case
Bern E. Case , Director of
Aviation
APPROVED AS TO FORM:
s Ha -old Willard
Harold Willard, Assistant
City Attorney
DELTA AIR LINES, INC.
BY:lsl Thomas J. Roeck, Jr.
Thomas J. Roeck, Jr.
Senior Vice President -Finance
ATTEST:
/s/ Leslie Klemperer
Leslie Klemperer, Assistant
Secretary
Delta Airlines has signed the Lease which was negotiated
last year. Only American Airlines has a Lease
outstanding.
30
January 11, 1990
Page 30
90-49A-30-12
(16.)
The Lease provides for rental of 3,882 square feet at
$5.63 per square foot ($21,855.66 per year) plus a
maintenance and operation cost which is adjusted annually
through the Contract ($2.62 in 1988 to $5.87 in 1990).
Landing fees escalate as follows:
October 1, 1988 $.45 per 1000 lbs
October 1, 1991 $.50 per 1000 lbs
October 1, 1996 $.60 per 1000 lbs
Joint use areas are charged on a formula with the other
airlines.
The Airport Board approved the Lease September 20, 1989
along with the Lease for the other airlines and Staff
recommended approval.
Motion was made by Councilmember Carpenter, seconded by
Councilmember Trejo to authorize Resolution #3281 as
recommended by Staff. Motion carried: 6 Yeas; 0 Nays.
Mayor Pro Tem Baker absent from Council Chambers.
Consider Resolution #3282 authorizing acceptance of water
and sewer improvements for Lots 200 through 230, Pheasant
Run Addition.
RESOLUTION #3282
A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS
200 THROUGH 230, PHEASANT RUN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS.
WHEREAS, the developer of Lots 200 through 230, Pheasant Run Addition
has complied with the provision of Article 1V, Chapter 28 of the Code of
Ordinances of the City of Lubbock, by providing the water and sewer
improvements for said Addition in accordance with paragraph 156 of said
Chapter 28; and
WHEREAS, the total utility cost to the developer is $50,650.04 with
the improvements constructed by Water V. Jarnagan having a value of
$42,756.55 as determined by the unit prices established by said Chapter 28
and $4„696.90 cash paid to the City, plus $3,434.72 transferred from
existing refund contract, with FFS/CDHH-Joint Venture, the developer to
receive a refund of $10,035.64 in accordance with Chapter 28 of the Code of
Ordinances of the City ❑f Lubbock and a refund of deposit in the amount of
$238.13; and
WHEREAS, the construction of the said water and sewer improvements
was performed under the supervision of the Water Utilities Engineer and
completed in accordance with the City of Lubbock's plans and
specifiications; NOW THEREFORE:
BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements be and the same are hereby accepted
as an integral part of the water and sewer system of the City of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $10,035.64 be
made in accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the amount of
$238.13.
SECTION 4. THAT this Resolution shall take effect and be in force
from and after is passage.
31
January 11, 1990
Page 31
Passed by the City Council this 11th day of January, 1990.
s B. C. McMinn
B. C. MCMINN, MAYOR
ATTEST:;
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
s Wilford D. Watson s Donald G. Vandi r
Milford D. Watson, Chief Water Donald G. Vandiver, First Assistant
Utilities Engineer City Attorney
This is a routine Resolution authorizing acceptance of
water and sewer improvements constructed in accordance
with the subdivision regulations. The total cost to the
developer will be $50,650.04 including the value of
construction costs of $42,756.55 and $4,696.90 cash paid
to the City plus $3,434.72 transferred from existing
refund contract. The developer, FFS/CDHH-Joint Venture,
is due a refund of $10,035.64 in accordance with Chapter
28 of the City of Lubbock Code. The developer will also
receive a refund of deposit in the amount of $238.13.
Staff recommended acceptance of the improvements.
Motion was made by Councilmember Phillips, seconded by
Councilmember Patterson to authorize Resolution #3282 as
recommended by Staff. Motion carried: 6 Yeas; 0 Nays.
Mayor Pro Tem Baker absent from Council Chambers.
90-49A--31-13
(17.) Consider Resolution #3283 authorizing the Mayor to sign
an agreement with Carbon Dioxide Technology and George R.
Brown Partnership for reimbursement of Carbon Dioxide
Technology Lubbock Plant demolition costs._
RESOLUTION #3283
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement
by and between the City of Lubbock and Carbon Dioxide Technology
Liquidation, Inc., and the George R. Brown Partnership in connection with
the demolition of the Lubbock Carbon Dioxide Technology Plant, which
Agreement is attached herewith and 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 llth day of January, 1990.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Raniette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
s Car -roll McDonald /s/ Donald G. Vandiver
Carroll McDonald, Assistant City Donald G. Vandiver, First
Manager for Utilities Assistant City Attorney
32
January 11, 1990
Page 32
NON -WAIVER AGREEMENT
This Non Waiver Agreement is entered into by and between the City of
Lubbock ("the City"), CDT Liquidation, Inc. ("CDT") formerly known as
Carbon Dioxide Technology Corporation and the -George R. Brown Partnership
in connection with CDT's payment of $96,900.00 to the City to cover the
costs incurred by the City in removing certain equipment and fixtures from
the carbon dioxide plant which ceased operation January 11, 1984, pursuant
to an August 13, 1981 lease agreement between the City and CDT.
WHEREAS, pursuant to the August 13, 19B1 lease agreement, CDT was
required to remove from City property within one year after cessation of
❑perations the components ❑f a carbon dioxide plant constructed on the
leased premises; and
WHEREAS, the City ❑f Lubbock granted CDT a one-year time extension
for demolition on January 10, 1985, at the request of CDT and an additional
eighteen (18) month time extension for demolition on January 26, 1986, also
at the request of CDT; and
WHEREAS, certain equipment and fixtures located at the carbon dioxide
plant were sold to Monarch Pipeline Company by CDT ❑n February 11, 1986, an
agreement to which the City was not a party, under the condition that said
equipment and fixtures would be removed from the leased premises by a
certain date; and
WHEREAS, Monarch Pipeline Company has failed and refused to remove
the equipment within the time period required by its agreement with CDT and
the George R. Brown Partnership; and
WHEREAS, the City has made demand upon CDT for payment of the costs
incurred in removing the equipment which CDT was required to remove from
the premises pursuant to that certain August 13, 1981 lease agreement
between the City and CDT and the George R. Brown Partnership; and
WHEREAS, CDT and the George R. Brown Partnership have made demand
upon Monarch Pipeline Company for payment of the costs incurred in removing
the equipment which Monarch was required to remove from the premises
pursuant to that certain February 11, 1986 contract between Monarch
Pipeline Company, CDT and the George R. Brown Partnership; and
WHEREAS, Monarch Pipeline Company has alleged that the City prevented
it from performing its ❑bligations under the February 11, 1986 contract and
has further alleged that it is therefore not liable for any damages
resulting from its failure to remove the equipment and fixtures as required
by the contract; and
WHEREAS, the City contends that it was the responsibility of CDT and
the George R. Brown Partnership to have restored the property to its
original condition pursuant to the August 31, 19B1, lease agreement; and
WHEREAS, the City suffered additional losses and damages to other
City property in the amount of approximately $47,155.00 during the partial
demolition attempt by Monarch Pipeline Company, which amount is
specifically not subject to this agreement and any right thereto is not
waived by the City hereby; and
WHEREAS, the City, CDT and George R. Brown Partnership wish to avoid
litigation on the issue of removal of the remaining fixtures and equipment
by the City if possible, and CDT is willing to make payment t❑ the City for
the cost of removing the equipment and fixtures so long as they waive no
present or future defenses or rights, if any, to obtain reimbursement of
said payment; and
WHEREAS, the City agrees that said payment shall be full payment for
the cost ❑f final demolition of said carbon dioxide plant, but the City
expressly does not hereby waive its right to seek reimbursement through
litigation if necessary to recover the aforementioned damages and losses
incurred during the initial demolition attempt by Monarch Pipeline Company.
33
January 11, 1990
Page 33
IT IS THEREFORE AGREED that the payment by CDT of $96,900.00 to the
City to reimburse the City for payment of the costs of removing the equip-
ment and fixtures pursuant to the August 13, 1981 lease agreement with the
City if accented by the City does not and shall not constitute any waiver
by the City, except as to the cost of final demolition only, or by CDT or
the George R. Brown Partnership of any present or future defenses or
rights„ if any, to seek and obtain reimbursement of said funds from the
City, CDT or the George R. Brown Partnership.
IT IS FURTHER AGREED that both parties have reserved all rights to
litigate this matter or any other matters arising from said dispute.
Each party to this agreement expressly represents and warrants that
it has read this agreement and that it understands and agrees to each
provision herein. This document may be executed in multiple duplicate
originals.
This agreement shall be construed under the laws of the State of
Texas and venue over any dispute arising under this agreement shall be in
Lubbock County, Texas.
Payment by CDT and the George R. Brown Partnership of $96,900.00
shall be made to the City within sixty (60) days after the date of
execution of this Agreement. Failure to make such payment shall render
this Agreement null and void.
lfhis Agreement executed this llth day of January, 1989.
ATTEST:
s Rariette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Carroll McDonald
Carroll) McDonald, Assistant
City Manager for Utilities
CDT LIQUIDATION, INC.
BY:/s/ R. A. Wohun
PRESIDENT
ATTEST:
sZ R. 6. Burnham
Secretary
CITY OF LUBBOCK
BY:/s/ B. C. McMinn
B. C. MCMINN, MAYOR
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
GEORGE R. BROWN PARTNERSHIP
BY:/s/ Maronde B. O'Conn_er
PARTNER
ATTEST:
s W. H. Hersler, Jr.
Manager
The August 13, 1981 Lease Agreement with Carbon Dioxide
Technology required that if they ceased operations of the
carbon dioxide plant constructed on the LP&L property,
they would be required to remove from the City property
within one year all of equipment and other components.
They ceased operation January 11, 1984, and the City gave
them an extension of time for the demolition.
Lubbock Power and Light had to complete the removal of
equipment from the site at a cost of $96,900 and this
Agreement will enable reimbursement on that. The
demolition was approved on Bid #10092 by the City Council
on May 11, 1989, and was completed on October 15, 1989.
Staff recommended approval of this Agreement.
34
January 11, 1990
Page 34
Motion was made by Councilmember Patterson, seconded by
Councilmember Trejo to authorize Resolution #3283 as
recommended by Staff. Motion carried: 6 Yeas; 0 Nays.
Mayor Pro Tem Baker was absent_ from Council Chambers
90-49A-.34-14
(18.) BID #10305--ACM Abatement, LP&L Power Plant #2, and
authorize same (Electric Distribution).
RESOLUTION #3284
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 B & M Construction for ACM abatement
LP&L Power Plant #2, 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 11th day of January, 1990.
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Zsl Gene Eads
Gene Eads, Purchasing Manager
STATE OF TEXAS
COUNTY OF LUBBOCK
IsZ B. C . McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Is1 Harold Willard
Harold Willard, Assistant City
Attorney
CONTRACT
THIS AGREEMENT, made and entered into this 11th day of January, 1990
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 B & M Construction of the City of
Houston, County of Harris, 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. 10305 - ACM ABATEMENT LP&L POWER PLANT #2 FOR THE AMOUNT OF
$329,000.00
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
35
January 11, 1990
Page 35
substantially complete same within the time specified in the contract
documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the contract
documents and to make payment on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above
written.
ATTEST: CITY OF LUBBOCK, TEXAS (OWNER)
s Rariette Boyd
Secretary
APPROVED AS TO CONTENT:
/s/ Gene Eads
Purchasing Manager
COMPLETE ADDRESS:
B & M Construction
830 Majestic
Houston, Texas 77020
90-49A-35-15
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Zs/ —Harold Harold Willard
Assistant City Attorney
B & M CONSTRUCTION
CONTRACTOR
By: ZsZ
TITLE:
ATTEST:
Secretary
B & M Construction, Houston, TX --ACM Abatement LP&L Power
Plant 92.
Motion was made by Councilmember Phillips, seconded by
Councilmember Carpenter to authorize Resolution 93284 as
recommended by Staff. Motion carried: 6 Yeas; 0 Nays.
Mayor Pro Tem Baker absent from Council Chambers.
(19.) BID 910482--Kingsgate Park drainage and street
improvements, and authorize same [Streets -Drainage
Engineering].
RESOLUTION 93285
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract by
and between the City of Lubbock and Kerr Construction Company for Kingsgate
drainage and street improvements, attached herewith, which shall be spread
upon the minutes of the Council and as spread upon the minutes of this
Council shall constitute and be a part of this Resolution as if fully
copied herein in detail.
35
January 11, 1990
Page 35
Passed by the City Council this llth day of January, 1990.
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
ZsZ Gene Eads
Gene Eads, °urchasing Manager
STATE OF TEXAS
COUNTY OF LUBBOCK
/s/ B. C. McMinn
B. C. McM1NN, MAYOR
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
CONTRACT
THIS AGREEMENT, made and entered into this 11th day of January, 1990
by and between the City of Lubbock, County of Lubbock, State of Texas,
acting by and through B.C. McMinn, Mayor, thereunto authorized to d❑ so,
hereinafter referred to as OWNER, and Kerr Construction Company of the City
of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed
CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditions expressed in the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the
construction of certain improvements described as follows:
BID NO. 1045EI - KINGSGATE PARK DRAINAGE AND STREET IMPROVEMENTS FOR THE
AMOUNT OF $114,OB4.00
and all extra work in connection therewith, under the terms as stated in
the contract documents and at his (or their) awn 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❑ s❑ 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 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: CITY OF LUBBOCK, TEXAS (OWNER)
s Raniette Boyd
Secretary
APPROVED AS TO CONTENT:
s Genie Eads
Purchasing Manager
Is/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Is/ Harold Willard
Assistant City Attorney
37
January 11, 1990
Page 37
KERR CONSTRUCTION COMPANY
CONTRACTOR
By: /s/
TITLE:
ATTEST:
Secretary
COMPLETE ADDRESS:
Kerr Construction Company
P.O. Box 888
Lubbock, Texas 79408
Kerr Construction Co.--Kingsgate Park Drainage & Street
Improvements Only; Items 1-10.
Motion was made by Councilmember Phillips, seconded by
Councilmember Carpenter to authorize Resolution #3285 as
recommended by Staff. Motion carried: 6 Yeas; 0 Nays.
Mayor Pro Tem Baker was absent from Council Chambers.
90-49A-37-15
(20.) BID #10399--Annual pricing for trenching and boring small
commercial and residential areas and authorize same
Electric Distribution).
RESOLUTION #3286
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 ❑n.behalf of the City of Lubbock a Contract by
and between the City of Lubbock and H. D. Weaver Ditching for annual
pricing for trenching and boring, 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 11th day of January, 1990.
ATTEST:
IsZ Raiette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Ge to Eads
Gene Eads, Purchasing Manager
STATE OF TEXAS
COUNTY OF LUBBOCK
Is1 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 llth day of January, 1990
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 H. D. Weaver Ditching Service of the
City of Lubbock, County of Lubbock, and the State of Texas, hereinafter
termed CONTRACTOR.
K9
January 11, 1990
Page 38
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to he made and performed by the OWNER and under the
conditions expressed in the bond hearing 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. 10399 - ANNUAL PRICING FOR TRENCHING & BORING SMALL
COMMERCIAL/RESIDENTIAL FOR THE AMOUNT OF $_
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 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„ CITY OF LUBBOCK, TEXAS (OWNER)
s Ranette Boyd
Secretary
APPROVED AS TO CONTENT:
/s/ Gene Eads
Purchasing Manager
COMPLETE ADDRESS:
H. D. Weaver Ditching Service
P.O. Box 5544
Lubbock, Texas 79417
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Harold Willard
Assistant City Attorney
H.D. WEAVER DITCHING SERVICE
CONTRACTOR
By: /s/
TITLE:
ATTEST:
Secretary
H. D. Weaver Ditching, Lubbock, TX
NOTE: Contractor rankings are based on overall rate
structure, crew and equipment availability.
Motion was made by Councilmember Phillips, seconded by
Councilmember Carpenter to authorize Resolution #3286 as
recommended by Staff. Motion carried: 6 Yeas; 0 Nays.
Mayor Pro Tem Baker was absent from Council Chambers.
90-49A-38-17
(21.) BID #10442-
39
January 11, 1990
Page 39
RESOLUTION #3287
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 Combustion Service Company for boiler
room installation at Municipal Square, 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 11th day of January, 1990.
ATTEST:
Zsl Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Isl Gene Eads
Gene Eads, Purchasing Manager
STATE OF TEAS
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 11th day of January, 1990
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 Combustion Service Company of the
City of Lubbock, County of Lubbock, and the State of Texas, hereinafter
termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditiions 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. 10442 - MUNICIPAL SQUARE BOILER ROOM PIPING INSULATION
FOR THE AMOUNT OF $10,370.00
and all extra work in connection therewith, under the terms as stated in
the contract documents and at his (or their) own proper cost and expense to
furnish all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance and other accessories and services
necessary to complete the said construction in accordance with the contract
documents as defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after
the date written notice to do so shall have been given to him and to
substantially complete same within the time specified in the contract
documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the contract
documenits and to make payment on account thereof as provided therein.
40
January 11, 1990
Page 40
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above
written.
ATTEST: CITY OF LUBBOCK, TEXAS (OWNER)
5 Ranette Boyd
Secretary
APPROVED AS TO CONTENT:
I 1 Gene Eads
Purchasing Manager
COMPLETE ADDRESS:
Combustion Service Company
1706 Avenue F
Lubbock, Texas 79408
90-49A••40-1$
s B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Is1 Harold Willard
Assistant City Attorney
COMBUSTION SERVICE COMPANY
CONTRACTOR
By: LsZ
TITLE:
ATTEST:
Secretary
Combustion Service Co., Lubbock, TX --Boiler Room Piping
Insulation at Municipal Square.
Motion was made by Councilmember Phillips, seconded by
Councilmember Carpenter to authorize Resolution #3287 as
recommended by Staff. Motion carried: 6 Yeas; 0 Nays.
Mayor Pro Tem Baker was absent from Council Chambers.
(22.) BID #10478--Municipal Square H.V.A.C. Control System
replacement, and authorize same [Building Maintenance.
RESOLUTION #3288
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 Honeywell, Inc. for replacement of
H.V.A.C. control system at Municipal Square, 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 11th day of January, 1990.
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Genie 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
41
January 11, 1990
Page 41
THIS AGREEMENT, made and entered into this llth day of January, 1990
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 Honeywell, 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:
BID NO. 10478 - MUNICIPAL SQUARE H.V.A.C. CONTROL SYSTEM REPLACEMENT
FOR THE AMOUNT OF $41,993.00
and al'l 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 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: CITY OF LUBBOCK, TEXAS (OWNER)
s Rainette Boyd
Secretary
APPROVED AS TO CONTENT:
Gene Eads
Purchasing Manager
COMPLETE ADDRESS:
Honeywell, Inc.
1622 6th Street
Lubbock:, Texas 79401
Ls/-B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/sZ Harold Willard
Assistant City Attorney
HONEYWELL, INC.
CONTRACTOR
BY: /s/
TITLE:
ATTEST:
Secretary
Honeywell, Inc., Lubbock, TX --Replace H.V.A.C. Control
System at Municipal Square.
42
January 11, 1990
Page 42
(23.)
90-49A-42-49
(24.)
90-49A-42--20
(25.)
90-49A-42-21
(26.)
90-49A-42-22
(27.)
Motion was made by Councilmember Phillips, seconded by
Councilmember Carpenter to authorize Resolution #3288 as
recommended by Staff. Motion carried: 6 Yeas; 0 Nays.
Mayor Pro Tem Baker was absent from Council Chambers.
Hold an Executive Session on gersonnel matters to discuss
duties and a2pointments to:
Firemen's and Policemen's Civil Service Commission
Lubbock Libraries Board
Zoning Board of Adjustment
Board of City Development
Motion was made by Councilmember Phillips, seconded by
Councilmember Trejo to reappoint Milynda Walker to the
Firemen's and Policemen's Civil Service Commission.
Motion carried: 6 Yeas; 0 Nays. Mayor Pro Tem Baker
absent from Council Chambers.
expires December 31, 1992.
Motion was made by Councilmember Phillips, seconded by
Councilmember Patterson to appoint Alice Chavez to
replace Linda Spires on Lubbock Libraries Board. Motion
carried: 6 Yeas; 0 Nays. Mayor Pro Tem Baker absent
from Council Chambers.
Consider three appointments to the Zoning Board of
Adjustment. Terms afBertellJackson, Penny Morin, and
John Roark will expire on January 28, 1990.
Motion was made by Councilmember Phillips, seconded by
Councilmember Trejo to reappoint Bertell Jackson, Penny
Morin, and John Roark to the Zoning Board of Adjustment.
Motion carried: 6 Yeas; 0 Nays. Mayor Pro Tem Baker
absent from Council Chambers.
Consider appointments _to_ the Board of City -Development.
Motion was made by Councilmember Phillips, seconded by
Councilmember Carpenter to appoint Marciano Morales, Jim
Lowder, Carl Gandlach, Tommie Stevens, and W. F.
"Brownie" Brownlee to the Board of City Development and
to hold two appointments until next Council Meeting.
Motion carried: 6 Yeas; 0 Nays. Mayor Pro Tem Baker
absent from Council Chambers.
43
January 11, 1990
Page 43
There being no further business to come before Council, motion was made by
Councilmember Patterson, seconded by Councilmember Trejo to adjourn the
meeting at 11:14 a.m. Motion carried: 6 Yeas; 0 Nays. Mayor Pro Tem
Baker absent from Council Chambers.
. e, -
C. McMINN, MA OR
ATTEST
RanettE! Boyd, City Secretar
READ AND APPROVED THIS 25TH DAY OF JANUARY, 1990.
B. C. McMINN, MAYOR
ATT T:
Rane to Boyd, City Secre ry
NOTICE OF
PUBLIC HEARING
NOTICE is hereby 91ven that the
City Council will hold a Public
Hearing on Thursday, January 11,
1990, at 10:30 A.M,. in the City
Council Chambers. 16�513th Street,
Lubbock, Texas, to consider the
recommendation; by the Planning
and Zoning Commission that zon-
ing be changed on certain proper-
ties in Lubbock, Texas. AEI inter-
ested persons may speak, then the
City CouncEl will act on such rec-
ommendations. The following zone
cases will be heard:
ZONE CASE NO. 1654-A; R"uest
of David Covett6 (for Mark Wom-
ble) for zoning change from C-4
limited to C-4 on Iracts out of Sec.
Lion 3, Block E and Tracts D and G
Of C.N. Hodges Addition [East M
Avenue Q between 53rd and 541h
Streets).
R-313
R-313
'ERAS
BOCK
tan ce s F It rn an de a a Notary Public in and for Lubbock County, Texas on this day
A�d _ _ T.J. Aufil 1 + Account ManLer of the Southwestern Newspa-
publishers of the Lubbock Avalanche -Journal— Morning, Evening and Sunday, who
sworn did depose and say that said newspaper has been ppu¢ljshed continuously for more
eks prior to the First insertion of this Legal *in ` i c e
No. 82-3424 at Lubbock County, Texas and the attached print -
Legal Notice is a true copy of the original and was printed n the Lubbock
on the following dates: Ii 16 + 1989
Ids {a .46 = $56.12
Account aManager F;'A �:-'NAtiIDFz
LUBBOCK AVALANCHE -JOURNAL EE it J it cis
,q rF C:F�i
Southwestern Newspapers Corporation �
Subscribed and sworn to before me this 9 day of J an u a r r , lg 90
FORM 58-10