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HomeMy WebLinkAboutMinutes - City Council - Regular - 2/8/199074 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING FEBRUARY 8, 1990 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 8th day ❑f February, 1990 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 10:00 A.M. Present: Mayor B. C. McMinn, Mayor Pro Tem Joan Baker, Councilmember T. J. Patterson, Councilmember Gary Phillips, Councilmember Bill Maloy, Councilmember George Carpenter, Councilmember Maggie Trejo, City Manager Larry J. Cuinningham, City Attorney John C. Ross, Jr., and City Secretary Ranette Boyd. Mayor McMinn called the meeting to order at 10:00 A.M. 1.) The Invocation was given by Deputy City Manager Bob Cass. { 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. [ 3.) Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Baker to approve the Minutes of the January 25, 1990 Regular City Council meeting as written. Motion carried: 7 Yeas; 0 Nays. ( 4.) Board Appointment Certificate Presentations 90-49A 74-5:3 ( 5.) services with Ray Middleton. RESOLUTION #3299 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 for Professional Services with Roy Middleton Real Estate, 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 Resolu- tion as if fully copied herein in detail. February 8, 1990 Page 75 Passed by the City Council this 8th day of February, 1990. ATTEST: s Ranette Bo d Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s e •n E. Case Bern E. Case, Director of Aviation s B. C. McMinn B. C. McMINH, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney CONTRACT FOR PROFESSIONAL SERVICES THE STATE OF TEXAS § COUNTY OF LUBBOCK § THIS CONTRACT, made and entered into by and between the City ❑f Lubbock, Texas, hereinafter referred t❑ as "City," and Roy Middleton Real Estate„ hereinafter referred t❑ as "Realtor". WITNESSETH: WHEREAS, the City desires to lease certain property located at Lubbock International Airport for commercial development; and WHEREAS, on November 17, 1988, the City executed a contract for professional services with Realtor principally for that purpose; and WHEREAS, the City Council ❑f the City of Lubbock believes that it is in the best interest of the citizens of the City of Lubbock to renew said contract, as amended herein; NOW THEREFORE: City and Realtor hereby mutually agree as follows: I. SCOPE OF SERVICES. Realtor hereby agrees and hinds itself to provide the following services to the City: 1) Timely distribute available literature and other information which promotes Lubbock International Airport to real estate firms and prospective lessees of Airport property. 2') Serve as leasing agent for the City during the term of this contract for real property at Lubbock International Airport designated by the City as Industrial Land. 3) Be available, on call, to assist the City in the analysis of any potential lessee proposal, regardless of the origin of the proposal. II. COMPENSATION. In consideration for the above services, City herein agrees to pay Realtor the sum of FOUR THOUSAND ONE HUNDRED SIXTY-SIX AND NO/100 ($4,166.00) DOLLARS per month for the term of this agreement. III. TERM OF AGREEMENT. The term of this agreement shall be from February 15, 1990, through August 15, 1990. February 8, 1990 Page 76 IV. ADDITIONAL DUTIES OF REALTOR. 1) Realtor shall maintain a current real estate license and professional liability insurance in an amount not less than FIVE HUNDRED THOUSAND AND NO/100 ($500,000.00) DOLLARS. Realtor shall provide a detailed, written monthly progress report to the City during the term of this agreement, and shall appear before the Lubbock International Airport Board at each monthly meeting t❑ present: the progress reports. 3) Realtor must notify the Director of Aviation of City as soon as a contract is discussed formally or informally with a client. 4) Realtor must maintain confidentiality on prospective lessees unless otherwise authorized by the Director of Aviation of City. V. INDEPENDENT CONTRACTOR. Nothing contained herein shall be construed as creating the relationship of employer and employee between the City and Realtor, and Realtor, shall be deemed at all times to be an independent contractor. VI. HOLD HARMLESS. Realtor hereby agrees t❑ hold City harmless from any and all claims of any nature whatsoever arising out of Realtor's activities performed in connection with this agreement. VII. TERMINATION. This contract may be terminated by either party upon the giving of thirty (30) days written notice of said party's intention to terminate this contract. Notice to the City shall be sufficient if mailed to the Director of Aviation for Lubbock International Airport, Route 3, P.O. Box 389, Lubbock, Texas 79401. Notice to the Realtor shall be sufficient if mailed to Roy Middleton at Roy Middleton Real Estate, 3403 73rd Street, Lubbock, Texas 79423. VIII. OTHER COMMISSIONS AND EXPENSES. City and Realtor hereby agree that Realtor may accept payments or commissions for services performed in accordance with this contract from persons or entities other than the City, but City will offset or deduct equivalent sums from the compensation due Realtor from City under this contract. Realtor herein agrees to notify the Director of Aviation of City when such payments or commissions from sources other than the City are received, and reimburse City for any compensation overpaid by City. EXECUTED this 8th day of February, 1990. ROY MIDDLETON REAL ESTATE: /sj Ro • Middleton ROY MIDDLETON ATTEST: Secretary February 8, 1990 Page 77 CITY OF LUBBOCK: Is/ B. C. McMinn B.C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is/ Bern E. Case Bern E. Case, Director of Aviation APPROVED AS TO FORM: /s( Harold Willard Harold Willard, Assistant City Attorney The original Contract with Roy Middleton (for the amount of $47,000), included an evaluation of compensation to reactors for lease contracts, an evaluation of lease rates, preparation of a marketing brochure and 12 months of professional services. The proposed revised Contract is for a six-month period (February 15, 1990 through August 15, 1990) at the same monthly rate and allows Roy Middleton to accept payments/commissions for services performed in accordance with the Contract from persons or entities other than the City of Lubbock. The City would offset or deduct equivalent sums from the compensation due the realtor from the City under the Contract. The maximum Contract cost of the Contract to the City will be $24,696. (If a commission is obtained exceeding that amount, the cost to the City may be zero, under this monthly payment Contract.) Joe Horkey, Airport Board Chair, discussed this item with Council in work session and advised that the Airport Board recommended Council approval of this Contract. Motion was made by Councilmember Patterson, seconded by Councilmember Maloy to authorize Resolution #3299 as recommended by the Airport Board and City Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A-77-54 6.) ORDINANCE #9128--Abandoning and closing a portion of Canton Avenue located in the Time's Square Addition to the City of Lubbock. ORDINANCE #9128 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF CANTON AVENUE LOCATED IN TIME'S SQUARE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FDR PUBLICATION. February 8, 1990 Page 78 90-49A-78-55 ( 7.) This Ordinance, which was read for the first time on October 6, 1987, was originally for replatting into a movie theater; however, the investor dropped the idea. The issue of platting is being completed by the owner of the property, National City Lines, Inc. (the parent corporation of TIME -DC and Realties Unlimited --the original grantor of Canton Avenue). This area of Canton Avenue being closed is located between 74th Street on the south and the Loop 289 Access Road on the north (west of the old TIME -DC office building). Area to be closed, which is 26,374.14 square feet, will revert back as an Underground Utility, Drainage, and Private Access Easement and will be used for additional parking and pedestrian crossing area. Staff recommended approval. Motion was made by Councilmember Patterson, seconded by Councilmember Maloy to pass on second and final reading Ordinance #9128 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #9326--Authorizing the installation of a traffic signal at the intersection of 79th Street and Slide Road (FM 1730). ORDINANCE #9326 AN ORDINANCE AUTHORIZING A NEW TRAFFIC SIGNAL AT 79TH STREET AT SLIDE ROAD {FM 1730); AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Maloy to pass on second and final reading Ordinance #9326 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 8.) ORDINANCE #9327--Authorizing the removal of the traffic signal at the intersection of Amarillo _Road and Municipal Drive. ORDINANCE #9327 AN ORDINANCE CANCELLING AUTHORITY AND APPROVAL FOR A TRAFFIC SIGNAL AT AMARILLO ROAD (U.S. 87) AND MUNICIPAL DRIVE AND AUTHORIZING THE REMOVAL OF SAID TRAFFIC SIGNAL AS AN OPERATIVE TRAFFIC SIGNAL. Motion was made by Councilmember Patterson, seconded by Councilmember Maloy to pass on second and final reading Ordinance #9327 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A48-57 t 9.) ORDINANCE #9328--Authorizingthe removal of the traffic signal at the intersection of 30th Street and Avenue H. ORDINANCE #9328 AN ORDINANCE CANCELLING AUTHORITY AND APPROVAL FOR A TRAFFIC SIGNAL AT 30TH STREET AND AVENUE H AND AUTHORIZING THE REMOVAL OF SAID TRAFFIC SIGNAL AS AN OPERATIVE TRAFFIC SIGNAL. February 8, 1990 Page 79 Motion was made by Councilmember Patterson, seconded by Councilmember Malay to pass on second and final reading Ordinance#9328 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A-79-58 (10.) ORDINANCE #9330--Zone Case #2640 (4901 Memphis Avenuel __Rontioct of Mika Untrhott fnr 7nninn rhnnna frnm r-i north 90' of Lot 204-B, Murryhill Addition. ORDINANCE #9330 AN ORDNANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY 01= LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2640; A ZONING CHANGE FROM C-3 TO C-3 SPECIFIC USE PERMIT FOR A VETERINARY CLINIC ON THE NORTH 90' OF LOT 204-B, MURRYHILL ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 90-49A•- 79L-69 (I1.;) Motion was made by Councilmember Patterson, seconded by Councilmember Maloy to pass on second and final reading Ordinance #9330 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #9331 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY 017 LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2641; A ZONING CHANGE FROM C-2 TO C-2 SPECIFIC USE PERMIT FOR A VETERINARY CLINIC ON A 95' BY I30" TRACT OUT OF SECTION 14, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 90-49A 79-60 (12.) Motion was made by Councilmember Patterson, seconded by Councilmember Maloy to pass on second and final reading Ordinance #9331 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Service Company. ORDINANCE #9329 AN ORDINANCE AMENDING SECTION 1I OF ORDINANCE NO. 8341 OF THE CITY OF LUBBOCK:, TEXAS, WITH REGARD TO THE RENTAL FEE FOR THE USE OF THE STREETS, ALLEYS AND PUBLIC WAYS OF THE CITY OF LUBBOCK BY SOUTHWESTERN PUBLIC SERVICE: COMPANY; PROVIDING AN EFFECTIVE DATE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Maloy to pass on second and final reading Ordinance #9329 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. February 8, 1990 Page 80 90-49A-80-61 (15.) RESOLUTION #3300 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND ALLEYS AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Sagewood Addition, Lots 14 thru 65 made arrangements with Kerr Construction Company for the construction of paving improvements on certain streets and alleys dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above mentioned addition, including the following: West 1/2 of Frankford Avenue from its intersection with a line 9.00 feet north of south property line of 67th Street to its intersection with a line 9.00 feet south of north property line of 69th Street (C & G only) known and designated as New Subdivision Sub -Unit Number 72 of Unit Number 2030. North -South alley between Frankford Avenue and Fulton Avenue from 67th Street to 69th Street known and designated as New Subdivision Sub -Unit Number 73 of Unit Number 2030; and WHEREAS, the construction of the above improvements was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted and the City Engineer be and he is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 8th day of February, 1990. ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Lar-r . Hertel Larry D. Hertel, City Engineer s B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Is/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney CONSOLIDATED FINAL QUANTITIES SAGEWOOD ADDITION LOTS 14 THRU 65 Accepted 2-8-90 Unit & Sub -Unit Location 2030-72 W-1/2 of Frankford Ave. from 9.00' N. of S.R.L. of 67th Street to 9.-00' S of N.R.L. of 69th Street. 470.63 L.F. of C & G at $5.95/L.F. 2030-73 N-S Alley between Frankford Ave. and Fulton Ave. from 67th St. to 69th St. 476.76 S.Y. of alley paving at $22.50/S.Y. COST DISTRIBUTION Contract Cori; Developer Cost $ 13,527.35 $ 13,527.35 February 8, 1990 Page 81 $ 2,800.25 $ 10,727.10 $ 13,527.35 N.S. 2030-74 Alley paving West of Fulton Avenue from 67th Street to 69th Street not constructed in consequence of alley paving requirements being rescinded by Planning & Zoning in meeting of December 7, 1989. This is a routine acceptance of the paving improvements, required at the time of platting, for curb and gutter on Frankford Avenue adjacent to this subdivision, situated between 67th Street and 69th Street on the west side of Frankford Avenue, and one of two alleys that were required to be paved at the time of platting. (The second alley has not been paved and the Planning and Zoning Commission, in reconsidering the requirement of alley paving on December 7, 1989, lifted the requirement for paving the second alley.) There is no City cost due the contractor. Staff recommended approval. Motion was made by Councilmember Patterson, seconded by Councilmember Carpenter to authorize Resolution #3300 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A-81�62 (16.) Consider Resolution #3301 accepting alley paving improvements constructed by Frank Limon in Whisperwood Addition, Lots 49-A-1 through 53-B-1. RESOLUTION #3301 RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF AN ALLEY AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Whisperwood Addition, Lots 49-A-1 thru 53-B-1 made arrangements with Frank Limon for the construction of paving improvements on a certain alley dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above mentioned addition, including the following alley: Alley paving from north property line of Lot 49-A-1 to 304.8 feet south of north property line of Lot 49-A-1 known as new Subdivision No. 2031-76; and February 8, 1990 Page 82 WHEREAS, the construction of the above improvements on the above mentioned alley was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above mentioned alley be and the same are hereby accepted and the City Engineer be and he is hereby authorized to notify the Developer of acceptance by the Lubbock: City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 8th day of February, 1990. ATTEST: IsZ Ranette Bo d Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is/ Larry D. Hertel Larry D. Hertel, City Engineer Is-1 B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ J. Worth Fullinuim J. Worth Fullingim, Assistant City Attorney CONSOLIDATEO FINAL QUANTITIES WHISPERWOOD ADDITION Lots 49-A-1 thru 53-B-1 Accepted 2-8-90 Unit & Sub -Unit Location 2031-76 Alley paving from NPL of Lot 49-A-1 to 304.8 feet south of north property line of Lot 49-A-1. 304.8 feet of alley paving at $21.50/ft. $ 6,553.20 COST DISTRIBUTION Contract Cost Developer Cost $ 6,553.10 $ 6,553.20 The platting requirements, alley paving estimate, and contract was for 600 feet of paving. The Planning & Zoning meeting of December 7, 1989 rescinded alley paving requirements in this subdivision, whereas, only 304.8 feet of the north end of this alley was paved and is being accepted by this Resolution. This is a routine acceptance of part of the alley paving improvements, situated on the north side of 4th Street between Zoar and York Avenues, required at the time of platting. The original platting requirement was for 600 L.F., and this acceptance is for the north 304.8 L.F. The Planning and Zoning Commission, on December 7, 1989, rescinded the requirements for the balance of the alley paving relative to this new subdivision. 90-49A-83-63 (17.) February 8, 1990 Page 83 There is no City cost due the contractor. Staff recommended approval. Motion was made by Councilmember Patterson, seconded by Councilmember Carpenter to authorize Resolution #3301 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. RESOLUTION #3302 A RESOLUTION ADOPTING PLANS AND SPECIFICATIONS. WHEREAS, the City Council December 14, 1989, passed Resolution No. 3269 providing for the improvements of portions of streets, highways, avenues and/or alleys in the City of Lubbock, Texas, and along the bound- aries of said City, and directing preparation of plans and specifications covering the streets, highways, avenues and/or alleys as named in said Resolution; and WHEREAS, the City Engineer has prepared and filed with the City plans and specifications for such improvements, and same have been examined; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the plans and specifications submitted by the City Engineer covering improvements contemplated by said Resolutions BE and the same are hereby approved. Passed by the City Council this 8th day of February, 1990. ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s arry—D-. Hertel Larry L}. Hertel, City Engineer s B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Zsf J. Worth Full in, iq m a, „ J. Worth Fullingim, Assistant City Attorney This is the second in a series of five Resolutions and one Ordinance used in the procedure to levy paving assessments. The 1990 Assessment Paving Program consists of 34th Street from Loop 289 to Milwaukee Avenue, a T-2 thoroughfare and one "tee" alley situated between 61st Street and 62nd Drive and between Louisville Drive and Kenosha Drive. Parkhill, Smith and Cooper prepared plans and specifications on 34th Street, and City of Lubbock staff will prepare the assessment rolls indicating owners, legal descriptions of properties to be assessed and amounts proposed to be assessed. Staff recommended approval. Motion was made by Councilmember Patterson, seconded by Councilmember Carpenter to authorize Resolution #3302 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. February 8, 1990 Page 84 90-49A- 84 -64 �18.} Consider Ordinance #9332 amending the Code of Ordinances to officially name "Interstate. 27". ORDINANCE #9332 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY ADDING THERETO A NEW SECTION TO BE DESIGNATED SECTION 24-38 SO AS TO AMEND THE CITY'S OFFICIAL STREET -NAMING MAP TO DESIGNATE "INTERSTATE 27" IN THE CITY OF LUBBOCK AS HEREINAFTER SET FORTH IN THE BODY OF THIS ORDINANCE; PROVIDING FOR PUBLICATION AND EFFECTIVE DATE OF THIS ORDINANCE. As discussed in the City Council Work Session held January 25, 1990, staff is requesting Council consideration for naming "Interstate 27" for the following reasons: 1. The Traffic Department has started installation of street name marker signs for streets intersecting the Interstate access roads. 2. At least one request has been received from a business for their Interstate address. 3. New street frontage caused by the Interstate right-of-way acquisition requires a street name. To officially name the Interstate 27 corridor, passage of an ordinance allowing this name change is required. The name "Interstate 27" is not in accordance with the Code requirements for naming streets; therefore, it will be necessary to amend Article II of Chapter 24 of the Code of Ordinances. This proposed name change will extend from the North City Limits to South Loop 289. Even though construction is taking place to 82nd Street, the official Interstate designation ends at South Loop 289. Using parcel maps and field surveys, staff developed a table indicating the number of parcels and the amount of footage affected by this name change. Excluding properties south of Loop 289, the proposed name change will affect 55 residential parcels and 115 commercial parcels. Thirty-seven of the 55 residential parcels are located between 50th Street and Slaton Highway. The Post Office was contacted and indicated they would cooperate with mail delivery. ADVANTAGES OF THE NAME CHANGE: 1. Properties will have Interstate "identity", which would be of particular concern to adjacent businesses. It is anticipated that many of the existing residential properties adjacent to the Interstate will be redeveloped into commercial properties in the future. 2. Consistent street name throughout the Interstate corridor. Locating Interstate addresses will be easier. 90-49A-85-65 (19.) February 8, 1990 Page 85 3. Will establish a street name for new street frontage for some properties. DISADVANTAGES TO NAME CHANGE: 1. Owners will have to change current address on drivers license, billings, stationery, etc. The Building Official will be required to notify the owner of each affected property of the address change. Staff recommended approval. Motion was made by Councilmember Phillips, seconded by Councilmember Trejo to pass on first reading Ordinance #9332 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. This is a routine request as provided at Section 24-128(a) of the City of Lubbock Code of Ordinances. When a well is completed, the permittee is entitled to request a reduction in the bond or letter of credit from $25,000 to $10,000. A letter requesting reduction of the above -mentioned bonds was submitted to the Planning Department on January 18, 1990. The following drilling operations have been completed: City of Lubbock No. 24-4 is approximately 700' northeast of the intersection of North University and Kent Street. City of Lubbock No. 21-2 is approximately 350' south of Kent and 1,880' east of North University. City of Lubbock No. 2-3 is approximately 990' southeast of the intersection of North Avenue P and Bluefield Road. Lif-Lubheirs No. 9 is approximately 876' east of Quirt and 51' north of North Loop 1B9. Lif-Lubheirs No. 8 is 660' east of Quirt and 1,980' north of East Erskine. Staff recommended approval of this reduction. Motion was made by Councilmember Phillips, seconded by Councilmember Patterson to approve request of Burk Luebbehusen Ray & Company for bond reduction on City of Lubbock No. 24-4, City of Lubbock No. 21-2, City of Lubbock No. 2-3, Lif-Lubheirs No. 9, and Lif-Lubheirs No. 8, as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A-85-66 (20.) Consider _Ordinance #9333_abandoning and_closing_a_20' Underground Utility Easement located in Section 1s Block_D-3,_Lu_bbock_County, Texas. Februar 8, 1990 Page ORDINANCE #9333 AN ORDINANCE ABANDONING AND CLOSING A TWENTY -FOOT UNDERGROUND UTILITY EASEMENT LOCATED IN SECTION 1, BLOCK D-3, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This 20' east -to -west underground utility Easement to be closed is located at the southeast corner of North Quirt Avenue and Regis Street, along the south edge of the Airport Shelter Park property. This property is being expanded southward through a new plat (Rousseau - Kirk Tract B), and this Easement is being closed to facilitate building plans. A new easement will be dedicated along the east side of Tract B to replace this easement being closed. The proponent of this closure is the Airport Shelter Park, and the $150 application fee has been paid. All utilities are in agreement. Staff recommended approval. Motion was made by Councilmember Trejo, seconded by Councilmember Patterson to pass on first reading Ordinance #9333 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A-86-67 (21.) Consider Resolution #3303 authorizing the Mayor to execute a Lease Agreement with U.S. Customs at Lubbock International Airport. RESOLUTION #3303 BE IT (RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a lease agreement with the United States of America, U.S. Customs Service, for 648 square feet of office space in the Executive Terminal Building at Lubbock International Airport, 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 Bth day of February, 1990. ATTEST„ s Rariette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Ber•n E. Case Bern E. Case, Director of Aviation LEASE AGREEMENT FILED WITH RESOLUTION Is1 B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney The U.S. Customs Service has leased 648 square feet of office space in the Executive Terminal Building, located on the airport's east side, since July, 1980. February 8, 1990 Page 87 Last April, a new lease was executed between the City ❑f Lubbock and U.S. Customs Service, for a period of ❑ne year (October 1, 1988 to September 30, 1989), with the option to renew for four one-year renewals. Under this Lease, the -annual rent would be at the rate of $1 per annum, and "Customs" requested renewal ❑f the Lease with identical rates, terms and conditions. The U.S. Customs Service is a major law enforcement ❑rganization whose primary responsibilities include assessing and collecting duties, taxes and fees on imported merchandise. They are also enforcing customs and related laws, administering certain navigation laws and treaties, combating smuggling and enforcing the regulations ❑f numerous other Federal agencies at ports of entry. Locally, the U.S. Customs office is ❑perated by an official who performed a variety ❑f duties in FY 1989. Among the duties were: Handling approximately 2,000 telephone calls, filing over 300 entries, inspecting and clearing over 40 containers, registering 100 foreign -made items and collecting ❑ver $168,000 in duties. In addition, this ❑fficial assisted the major air carriers and air freight companies at Lubbock International Airport as well as other freight companies, such as the Santa Fe Railroad. This official, on ❑ccasion, travelled to Amarillo and Midland to help customs ❑fficials in those cities when assistance was needed. Traditionally, airports provide space to the U.S. Customs Service at no cost because airports recognize the financial rewards of having such an ❑ffice at their facilities. Without a customs office, processing ❑f international travelers and/or inspecting of international cargo can not take place, resulting in lost revenue. Revenue is lost as these passengers and/or carg❑ are diverted t❑ airports which are appropriately equipped t❑ deal with such operations. The Airport Board, at its meeting of December 13, 1989, reviewed the Lease and recommended Council approval. Staff recommended approval as well. Motion was made by Mayor Pro Tem Baker, seconded by Councilmember Carpenter to authorize Resolution 43303 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A- 87-68 (22.) Consider Resolution #3304 authorizing the Mayor to sign a Contract _with LKC Consulting Services t❑ perform a comprehensive Service Analysis. RESOLUTION #3304 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 an on behalf ❑f the City ❑f Lubbock an application for a contract with LKC Consulting Services to perform a Comprehensive Service Analysis, which shall be spread upon the minutes of the Council and as spread upon the minutes ❑f the Council shall constitute and be a part of the Resolution as if fully copied herein in detail. February 8, 1990 Page 88- Passed by City Council this 8th day of February, 1990 ATTEST: s anette Boyd Ranette Boyd, City Secretary APPROV17-D AS TO CONTENT ZsZ Larry V. Hoffman Larry V. Hoffman, Director of Transportation CONTRACT FILED WITH RESOLUTION jsj B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM Zs/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney This Contract provides for performing a Comprehensive Service Analysis for transit services. The analysis is included in Citibus' FY 90 Technical Study program and will include the following tasks: Task 1 - Maintenance Evaluation This portion of the analysis will include evaluation of the existing maintenance procedures currently being utilized internally including work flow, parts inven- tory, personnel resources and management procedures. The contractor will provide a more efficient and effective maintenance program as well as a policy manual and standardized procedures manual. This is an area that has been neglected because of budget cuts and constraints, especially the preventive maintenance area. Specifications and supervision of the installa- tion of a computer system as recommended by the Urban Mass Transportation Administration and the FY 89 Long Range Study are included. Task 2 - Fare and Cash Handling Analysis In an effort to increase farebox return, this project was included in the Analysis. The current discount rates for passes and tickets will be reviewed as well as the internal methods of collecting and depositing farebox revenue. Recommendations on methods to control fraud in the use of passes and tickets will be required from the contractor. Task 3 - Transit Service Evaluation and Demand Evalua- tion Citibus' fixed routes have not been substantially changed since 1979, and it is likely that changes to improve operational efficiency can result in increased utilization of the system. The FY 89 Long Range Study surveyed current passengers and the general population asking specific questions to determine possible demand that is currently not being met. This information will be a good base for the analysis to build on and give specific recommendations for route improvements. The analysis will also evaluate the present system map and prepare a camera ready map that will include any route modifications and make route information easier to interpret. Task 4 - Alternative Financial and Operational Scenarios This portion of the analysis will provide a five-year financial plan and an operations contingency plan. It 90-49A.-89-59 (23.) February 8, 1990 Page 89 will define the amount of resources required to continue the current level of service and a plan in the event of a reduction of federal operating assistance. Identification of new funding sources will also be required in the analysis. Task 5 - Final Report and Executive Summary This is a combination of all the required technical reports for the preceding four tasks. The project is scheduled for completion in July, 1990. The Contract amount is $64,988, of which $51,990 will be provided by the Urban Mass Transportation Administration; $8,448 will be provided by the State Department of Highways and Public Transportation; and $4,550 will be provided by the City of Lubbock. Approval of this Contract will permit the entire Citibus system to undergo a comprehensive evaluation. Increases in revenues and passengers are anticipated as a result of the implementation of the study's recommendations. The Contract has been reviewed by the Transit Advisory Board, and Citibus staff recommended approval of the Contract. Motion was made by Mayor Pro Tem Baker, seconded by Councilmember Patterson to authorize Resolution #3304 as recommended by the Transit Advisory Board and City Staff. Motion carried: l Yeas; 0 Nays. ORDINANCE #9334 AN ORDINANCE ESTABLISHING THE DATE OF THE REGULAR MUNICIPAL ELECTION AUTHORIZING THE MAYOR TO ORDER THE REGULAR MUNICIPAL ELECTION OF THE CITY OF LUB13OCK FOR THE YEAR 1990; DECLARING AN EMERGENCY; AND PROVIDING AN EFFECTIVE DATE. 90-49A--89-59A RESOLUTION #3305 ORDER AND NOTICE OF GENERAL CITY ELECTION THE STATE OF TEXAS COUNTY OF LUBBOCK CITY OF LUBBOCK ELECTION ORDER I, B. C. McMINN, Mayor of the City of Lubbock, Texas, by virtue of the authority vested in me by law, and according to the Charter of the City of Lubbock and the Texas Election Code, do hereby order that an election be held in the City of Lubbock, Texas, on the 5th day of May, 1990, such day being the first Saturday of said month, for the purpose of electing the following officers of the City of Lubbock, Texas: MAYOR (AT LARGE) (TWO YEAR TERM) COUNCIL MEMBER DISTRICT NO. I (FOUR YEAR TERM) COUNCIL MEMBER DISTRICT NO. 3 (FOUR YEAR TERM) COUNCIL MEMBER DISTRICT NO. 5 (FOUR YEAR TERM) MUNICIPAL JUDGE DIVISION I (AT LARGE) (TWO YEAR TERM) February 8, 1990 Page 90 Said election shall be held at the places in the City of Lubbock hereinafter designated as voting precincts and voting places on Exhibit A attached hereto and made a part hereof for all intents and purposes. Polling places shall be open from 7:00 A.M. to 7:00 P.M. and all electors shall vote in the District of their residence and in the precinct of their residence unless such precinct shall be consolidated with another precinct as provided herein in Exhibit A. Electronic voting machines shall be used for this General City Election, including absentee voting. Said election shall be conducted as a joint election with Lubbock Independent School District. The persons set forth in Exhibit B attached hereto and made a part hereof for all intents and purposes are hereby appointed Judges and Alternate Judges to hold said General City Election on May 5, 1990. Each Presiding Judge so named is authorized to appoint the number of clerks specified by the Election Administrator, which number shall be not less than two clerks nor more than six clerks. The Alternate Judges shall serve as Presiding Judges in the event that the regularly appointed Presiding Judge is unable t❑ serve. The Alternate Judge shall be appointed by the Presiding Judge to serve as one of the clerks in the event that the election is conducted by the regularly appointed Presiding Judge. Absentee balloting shall be conducted at the office of the City Secretary and at the branch absentee polling place at the South Plains Mall, 6002 Slide Road, on weekdays during the absentee voting period, except that such absentee polling places shall be closed on any City of Lubbock official holidays, and the hours ❑f voting shall be the regular hours of the business of the office of the City Secretary, which are from 8:00 A.M. to 5:00 P.M. ELECTION NOTICE The City Secretary of the City of Lubbock is hereby ordered t❑ cause publication of this Order and Notice of General City Election at least one time in a daily newspaper published within the City of Lubbock not more than thirty (30) days nor less than ten (10) days prior to the General City Election as required by law. The City Secretary shall serve a duly certified copy ❑f this Election Order and Notice upon each of the Presiding Judges named in Exhibit B hereto not later than the seventh day after the signing of this Eleciton Order and Notice or the 15th day before the General) City Election, whichever is later. SIGNED AND EXECUTED in the Municipal Building at Lubbock, Texas, this 8th day of February, 1990. Is/ B. C. McMinn B. C. McMINN, MAYOR ATTEST:. s Rariette Boyd Ranette Boyd, City Secretary APPROVED AS TO FORM: s Donald G. Vandiver Donald G. Vandiver, First Assistant EXHIBIT A AND EXHIBIT 8 ON FILE WITH RESOLUTION Staff is following the procedure established several years ag❑ ❑f setting by Ordinance the date of the regular municipal election and authorizing the Mayor to order that election. The date of the election is May 5, 1990, which is in accordance with State Law. The Ordinance is written for emergency passage in order to allow the full time needed for Justice Department review and approval. February 8, 1990 Page pl_ Staff recommended Council passage of this Ordinance on emergency reading. Motion was made by Councilmember Patterson, seconded by Councilmember Phillips to pass on emergency reading Ordinance #9334 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A--91-70 (24.) Consider Ordinance #9335 amending Chapter 8 of the Code_ of Ordinances of the City of Lubbock, by adding an ORDINANCE #9335 AN ORDINANCE AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING THERETO A NEW PARAGRAPH (f) TO SECTION 8-4, WHICH PARAGRAPH SHALL INDICATE A TEMPORARY BRANCH ABSENTEE POLLING PLACE ESTABLISHED BY THE CITY COUNCIL; PROVIDING A SAVINGS CLAUSE; DECLARING AN EMERGENCY; AND PROVIDING FOR PUBLICATION. Because of a 1987 change in the Election Law which provides that qualified voters may vote absentee for any reason, the numbers of individuals voting absentee have drastically increased. During the May, 1988 regular election, almost 2,000 voters cast absentee ballots in the City Secretary's Office, with 1,000 ❑f those ballots cast the last two days. (Previous absentee totals had been around 500-600.) The County reported a growing number of absentee voters for each election held during 1989 and 1990. Staff found it difficult during the 1988 election t❑ accommodate the voters, and at the same time to ensure a fraud -free election. During the last two days of the 1988 absentee voting, lines extended completely around the hail on the second floor of the Municipal Building, making it difficult to maintain order, avoid errors in ballot distribution, and handle those with special needs (i.e., blind or otherwise handicapped, unable t❑ read) in the crowded conditions. By establishing a branch polling place for absentee voting, Staff hopes t❑ divide the number ❑f voters to enable handling an anticipated increase. The City Secretary's Office will continue to serve as the main polling place for absentee voting, and will upon passage of this Ordinance establish a branch polling place in the South Plains Mall. The Mall will allow staff t❑ use, cost free, the area northeast of Dillard's south store, which was occupied during the last quarter of 1989 as 'Tis Christmas. The Mail location is central to half of the City, and City Hall is central to the other half. Also, the Mail is served by three different bus routes and therefore is accessible to voters from many locations throughout the City. Staff estimates this t❑ cost no more than $3,000, with 80% of that amount for election personnel and the remaining amount for supplies. The Ordinance is written for passage on emergency reading due to the fact that Staff just received a firm answer from the Mali, and the further fact that the February 8, 1990 Page 92 90-49A-- 92-71 (25.) Justice Department review will take a minimum of 50 days. Staff recommended Council approval ❑f the Ordinance ❑n emergency reading. Motion was made by Councilmember Patterson, seconded by Councilmember Phillips to pass ❑n emergency reading Ordinance #9335 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. RESOLUTION #3305 JOINT ELECTION RESOLUTION WHEREAS, the City ❑f Lubbock and Lubbock Independent School District are both required to conduct elections ❑n May 5, 1990; and WHEREAS, Section 271.002 of the V.T.C.A. Election Code provides for joint elections when an election is required upon the same day by two ❑r more political subdivisions occupying all ❑r part of the same territory; and WHEREAS, it is deemed to be in the best interest of the citizens re- siding in the City of Lubbock and Lubbock Independent School District to have a joint election on May 5, 1990, pursuant to the above said provision ❑f the Election Code; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK AND THE BOARD OF TRUSTEES OF' LUBBOCK INDEPENDENT SCHOOL DISTRICT ACTING JOINTLY: THAT a joint election ❑f the City of Lubbock and Lubbock Independent School District be held on May 5, 1990, under provisions of the Texas Elec- tion Code and other applicable law and in accordance with the following agreed terms: 1. That common precinct boundaries and voting places shall be designated by each governing body so far as is practical and expedient. 2. That a single set of election officers shall be agreed upon and designated by both governing bodies for the conduct of the election. Such officers shall include those qualified to serve for each individual subdivision. 3. That the election shall be administered by Ms. Ranette Boyd, City Secretary of the City of Lubbock, within the City limits of the City of Lubbock with Mr. Bob Wyett, Lubbock Independent School District, serving as assistant election officer. 4. That there will be joint absentee balloting conducted at the Office of the City Secretary and at South Plains Mall, 5002 Slide Road, for persons living within the City of Lubbock and Lubbock Independent School District, and that said City Secre- tary is hereby appointed as absentee voting clerk to oversee the joint absentee voting. 5. That the preparation of election supplies, contacting of appro- priate officials, publication and all other routine matters for those precincts with polling places within the City of Lubbock shall be the responsibility of the City Secretary of the City of Lubbock. February 8, 1990 Page 93 6. That each political subdivision shall be responsible for post- ing its own notices and maintaining records pertaining solely to its own election. Each political subdivision also shall be responsible for preparing that portion of the ballot pertaining to its own election and for conducting a "drawing for place on the ballot" for its own election at a location and time of its choice. ;F. That the official canvassing of ballots and announcement of re- sults shall be done individually by each governing body. 8. That in all precincts where there are voters residing outside the jurisdiction of one of the political subdivisions, but in- side the other political subdivision, such voters shall be given ballots containing only the names of those candidates for whom they are qualified to vote. Write in votes shall be cast on the stub of the punchcard ballot. 9. That each entity shall pay its proportionate share of the common costs attributable to the joint election activities necessary for the conduct of the joint election. Resolved by the City Council this 8th day of February, 1990. Is/ B. C. McMinn B. C. McMINN, MAYOR ATTE01,; ZsZ Ranette Bo d Ranette Boyd, City Secretary Resolved by the Board of Trustees of Lubbock Independent School District this 22nd day of February, 1990. ATTEST: Secretary ZsZ Nancy Neal NANCY NEAL, PRESIDENT For the past several years the City and LISD have held joint elections. This arrangement has worked to the benefit of the voters who have to go to just one place to vote, and further, has resulted in substantial monetary savings with each entity paying only its proportionate share of the total expenses. This Resolution names Ranette Boyd, City Secretary, as the Election Administrator, and Bob Wyett, of LISD, Assistant Election Officer and provides that each entity will have its own drawing for places on the ballot, and will canvass ballots and announce results separately. Staff recommended that Council pass this Resolution. Motion was made by Councilmember Maloy, seconded by Mayor Pro Tem Baker to authorize Resolution #3305 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A-93-72 (26.) Consider Resolution #3307 dissolving Division 2 in Municipal Court. February 8, 1990 Page 94 RESOLUTION #3307 WHEREAS, the Municipal Court of Record of the City of Lubbock, Texas, has heretofore been divided into a Division 1 and 2 as provided for by Section 17-1 of the Code of Ordinances of the City of Lubbock; and WHEREAS, the City Council has determined that the workload of the Court requires that such Court be reduced to one division prior to the 1990 General Election, which division shall be Division 1; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Lubbock Municipal Court of Record is hereby reduced to one division, which division shall be Division 1, commencing with the May 5, 1990, General City Election. Passed by the City Council this 8th day of February, 1990. ATTEST,: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TD CONTENT: 5 Bob Cass Bob Cass, Deputy City Manager /s/ B. C. McMinn B. C. MCMINN, MAYOR APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Staff created a second division of the Municipal Court some time ago in an attempt to work out a dispute between the City and the County. The second division of the court functions at night in an area provided by Lubbock County. While the judge is authorized to provide all of the functions provided at the Municipal Court that operates during normal business hours, the primary purpose has been to provide arraignment capabilities for Lubbock County. Also, the recently concluded comprehensive study of the Lubbock County Criminal Justice System concluded that the volume of work in this regard is minimal and that it is therefore difficult to justify a full-time operation. The City Attorney has indicated that it would be possible to dissolve the second division of the court at this time. In the event that the County still requires personnel to arraign prisoners, the Municipal Judge has the authority to designate "temporary judges" who would be authorized to arraign individuals on an as -needed basis for the County. Judge Baber has closed out his campaign documents and informally indicated that he does not plan to seek re- election; therefore, the proposed change would not affect Judge Baber adversely. Staff recommended approval of this Resolution. City Manager Larry Cunningham informed Council that he had spoken with Sheriff "Sonny" Keesee, Assistant District Attorney Marta Rosas, District Attorney Travis Ware, and Judge Rod Shaw, regarding this proposed action. These individuals are agreeable to dissolving the Division II Court so long as arrangements are made to provide for needed arraignments. Mr. Cunningham February 8, 1990 Page 95 said he will work with the appropriate parties to devise a system of shifts for temporary magistrates. Motion was made by Councilmember Maloy, seconded by Mayor Pro Tem Baker to authorize Resolution #3307 as recommended by the Cresap Study and City Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A-95-73 (27.) BID #10473--Tables, dollies (Civic Center). Bryan Equipment Co., Bryan--50 ea. 5' round tables; 100 ea. 8' rectangle tables; 10 ea. 5' round table transport truck. Virco Mfg. Corp., Los Angeles, CA--50 ea. V X18" tables. Mity-Lite Tables, Orem, UT--10 8' table dollies. Motion was made by Councilmember Trejo, seconded by Councilmember Maloy to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 90-49A-95-74 (28-) BID #10556--Optical Disk System (Information Services]. Digital Equipment Carp.--RSX20-A 2GB Write Once Master Optical Disk Drive for MU 3500. Motion was made by Councilmember Trejo, seconded by Councilmember Maloy to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 90-49V 95-75 (29.) BID #10441A--Annual pricing Office Systems (Building Services). Nester's Office Center --Annual discount percentage (42% off manufacturer's list price) --material and installation. Motion was made by Councilmember Trejo, seconded by Councilmember Maloy to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 90-49A- 95-76 (30.) BID_#10496--Animal Control expansion and renovations, and authorize same (Building Services). RESOLUTION #3308 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 Daniel Ortega Construction Company, Inc. for Animal Control Center expansion and renovations, 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. February 8, 1990 Page 96 Passed by the City Council this 8th day ❑f February, 1990. ATTEST: IsZ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /sZ Gene Eads Gene Eads, Purchasing Manager STATE OF TEXAS COUNTY OF LUBBOCK /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard _ Harold Willard, Assistant City Attorney CONTRACT THIS AGREEMENT, made and entered into this 8th day ❑f February, 1990 by and between the City ❑f Lubbock, County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized t❑ do so, hereinafter referred to as OWNER, and Daniel Ortega Construction Company, Inc. ❑f the City of Lubbock, County ❑f Lubbock and the State ❑f Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration ❑f 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., 10496 - ANIMAL CONTROL CENTER EXPANSION ANO RENOVATION FOR THE AMOUNT OF $91,523.00 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 ❑f 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 t❑ 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 t❑ additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties t❑ 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 /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Assistant City Attorney COMPLETE ADDRESS: Daniel Ortega Construction Co., Inc. 5147 69th Street Lubbock, Texas 79424 90-49A•• 97-77 (13.) February 8, 1990 Page 97 DANIEL ORTEGA CONSTRUCTION CO., INC. CONTRACTOR By' /s/ TITLE: ATTEST: Secretary Daniel Ortega Const. Co., Inc.--P.A.W.S./Animal Control Center additions. Motion was made by Councilmember Trejo, seconded by Councilmember Maloy to authorize Resolution #3308 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Section 5, Block. A. Designation of well is Texland - Lif-Lubheirs #10. (14.) Consider agaroval of an Oil and Gas Drilling Permit for Lif-Lubheirs #10. Dub Bratcher appeared on behalf of Texland Petroleum to present this request for an Oil and Gas Drilling Permit. No one appeared in opposition. Mayor McMinn closed the hearing at 10:33 a.m. Assistant City Manager Jim Bertram stated that on January 15, 1990, Staff received an application for a permit to drill this well. The storage site (north of the old Litton development tract, east of Quirt Avenue) is proposed in conjunction with a previously approved tank battery. The production unit contains 40 acres and has a maximum diagonal of less than 3,000'. Texland proposes earth sludge pits and no landscaping at the well. The blow- out protector has a minimum rating of 3,000 psi. Disposal of waste materials is proposed at a dump in Lubbock County approved by the Railroad Commission. Access to the drill and storage site is proposed from North Quirt on private property. SHORT TERM IMPACTS: A minimum of impact is expected for the short term since the area is uninhabited except for the one industrial building, and the storage site is remote from any existing residential development. The well site is 660' east of the residential area located along Quirt Avenue, and also 660' from Quirt Avenue, which is a main approach to Lubbock International Airport. POTENTIAL LONG TERM IMPACTS: The land area surrounding and including this Lease is designated industrial on the 1986 Comprehensive Land Use Plan. Since little February 8, 1990 Page 98 additional development is projected in the immediate area, long-term negative impacts Should be minimal. RECOMMENDED PERMIT CONDITIONS: 1. No hydrocarbon lubricant (waste ❑il) shall be used to free -up the hole during drilling until after the first series of surface casing has been set which will protect the water aquifer. The first series of casing depth shall be in compliance with the Texas Water Commission requirements. 2. The permittee shall notify the Lubbock office of the Texas Railroad Commission for the intended dates for casing the well. 3. Casing of the well shall be in substantial compliance with applicable portions ❑f Rule 13 of the Texas Railroad Commission. 4. The permittee shall meet all ❑ther conditions of Section 14, Article VI of the Lubbock Code and those specifications indicated within the application ❑f Texas for Lif-Lubheirs #10. Staff recommended approval, subject t❑ the listed conditions. Motion was made by Councilmember Carpenter, seconded by Mayor Pro Tem Baker to approve request ❑f Texland Petroleum for an Oil and Gas Drilling Permit for tract located approximately 660' south and 660' east of the northwest corner ❑f Section 5, Block A (Designation of the well - Texland Lif-Lubheirs #10), with permit conditions recommended by Staff. Motion carried: 7 Yeas; 0 Nays. (31.) Hold an Executive Session ❑n personnel matters t❑ discuss aRpointments to: Board ❑f Health Electric Utilities Board Committee for Women 90-49A-98-78 (32.) Consider two appointments to the Board of Health. The terms ofDon R. Craig, M.D. and Greg Garrison will end_ on February 21, 1990. Motion was made by Councilmember Phillips, seconded by Councilmember Carpenter t❑ reappoint Greg Garrison and to appoint Dr. Kye Lear to replace Dr. Don Craig on the Board of Health. Motion carried: 4 Yeas; 0 Nays -- Mayor Pro Tem Baker, Councilmember Maloy, and Councilmember Trejo absent from the Chambers. 90-49A-99-79 (33.) 90-49A--99-80 (34.) February 8, 1990 Page 99 Motion was made by Councilmember Phillips, seconded by Councilmember Patterson to appoint Greg C. Jones to replace John Burdette on the Electric Utilities Board. Motion carried: 4 Yeas; 0 Nays --Mayor Pro Tem Baker, Councilmember Maloy,'and Councilmember Trejo absent from the Chambers. June 14, 1991. Motion was made by Councilmember Phillips, seconded by Councilmember Patterson to appoint Sandy Henry to replace Stephanie Fisher -White on the Committee for Women. Motion carried: 4 Yeas; 0 Nays --Mayor Pro Tem Baker, Councilmember Maloy, and Councilmember Trejo absent from the Chambers. There being no further business to come before Council, motion was made by Councilmember Patterson, seconded by Councilmember Carpenter to adjourn the meeting at 11:48 p.m. Motion carried: 5 Yeas; 0 Nays--Councilmember Maloy and Councilmember Trejo absent from the Chambers. C r 6. C. MCKINN, MAYOR Rane E� Boyd, City Sec e ry READ AND APPROVED THIS 22ND DAY OF FEBRUARY, 1990. C ' . C. McM NN, MAYOR ;ettTeloyd, RCity Secret ry THE STATE OP TEXAS COUNTY OF' LUBBOCK R-339 Before me Frances He rnand.sz a Notary l'tihlic° in and For Lubbock County. Texas on this dar personally appeared Auti of the Southwestern Newspa- niaTrCe ,w . fn. publishers of the Lubbock Avalanche -Journal--- Morning. Evening and Sunday. who HDTI�Ehfte►ebyyivpl- lr• sworn did depose and sav that said newspaper has been published continuously For more Pubikheuin.WillItlhm-Feb- •eeks prior to the First insertion of this Logafi NntlCit ruary !, I"a in the City Council - Chambers at 16i513fh Street. LVt� No-—823560 - at Lubbock Counts. Texas and the attached print - bock, Texas, a1 10:30 AA%. to can' sider the aaplicifion of Ttxland Lagal Notice is a t rue cope of the original and was printed in the Lubbock Petroleum aor an Oil and Gas Drill ingPermitlocated: nal on the Billowing dates: .:tan_ 7L._19900 In section 5,-131ock A. r.araock words 0 ■ 46 = $47. 38 s Propose Texas6 the well local -tee I -' prappsld apa'raxlmafely 660 feell south and AN feet out of the nori west corr+ar. The ielelt sit. for Lif- Lubheirs ir10 is nor'fh of Loop - and out of North pmkK r l SwStoipe h proposed a1 a eMsviWilr.rpravad -' tarok battery.` .�.:�• -- 6 a-.; .._ NOTARY PUBLIC in and for the at of a cas -For addltioriatin(orrQatron. aotdaet v U n t n a$ e r My Commission Expires_ I RandyHenson.'W-t103. utnwes `'~il . ewspapers Corporation !I •Pp"ems �t.if tl Subscribed and sworn to before me this da4' of y I '+ FORM 58-10 SECOND R- 354 READING ORDINANCES DRDUiAN." No. gin )F TEXAS AN ORDINANCE ABANDON. ING AND CLOSING A PORTIONILUBBOCK �OF CANTON AVENUE LOCATED Frances Hernandez _IN TiME'S SQUARE ADDITION a NI}tart•' Public in and for Luhhock County. Texas on this day -TO THE CITY N LUBBOCK. T.J. Auf i k l e Acco tint Manager of the Southwestern Newspa- `LUBt3OCK COUNTY, 7E%AS. 7CcICed 'DESCRIBED N HE Boor OF Lion. publisher~ of lht, Lubbock avalanche-.lournal — Morning- Evening and Sunday. who .THIS ORDINANCE; DIRECTING !THE CITY ENGINEER TOMARK iUIV sworn did depose and say that said newspaper has been published continuously for more THE OFFICIAL MAPS OF THE L e> a I Notice .CITY OF LU8BODK TO REA weeks prior to the first insertion of this FLECT SAID ; PR ABANDONMENT A _ N{) 893650 at Luhhock County.•. Texas and the attached rint- �AND CLOSING; PROVIDING Ap SAVINGS CLAUSE, AND PRO- I N O t 1 C IVIOINGFOR PUBLICATION, Le IS a true coPe of the original and was printe in the Lubbock ORDINANCE NO.9M urnal on the following dates: Feb. 10, 171 1990 AN ORDINANCE AUTHOR$Z. r wards 0 .9Z = $ 3b 3 . 40 ING A NEW TRAFFIC SIGNAL AT 79TH STREET AT SLIDE ROAD IFM SLIC PRDVID- INGFOR FUBLlCATIOT1pN• ORDINANCE NO.9337 A N O R D I N.A N C E NOTARY PUBLIC in and for t o x38 CANCELLING AUTHORITY AND A c c o u n t Manager T� APPROVAL FOR A TRAFFIC' My Commission Expires SIGNAL AT AMARMLO ROAD IU.S. 87) AND MUNICIPAL `7Ai ., ('II l J_•I{}I f;N.AI DRIVE AND AUTHORI>:INGTH@ Newspapers f'rs {rllr oration _ REMOVAL OF SAID TRAFFIC p p SIGNAL AS AN OPERATIVE r • rr r-s: .• ar r Ir.c7 I4I TRAFFIC51GNAL. � r.c• :+ 'r�r• .:.\�._ti ORD r NANCE NO. 9 1'� ir{ 90 rid Sworn to before me this dat of may ! AN ORDINANCE p'i,:� .:..�• r CANCELLING AUTHORITY AND iAPPROVAL FOR ATRAFFIC5r•,y�,.,LL.�r,-.,,r,,.,,pi�k�y----yam Y� SIGNAL AT 30TH STREET AND S AVENUE H AND AUTHORIZING THE REMOVAL OF SAID TRAF- FIC SIGNAL AS AN OPERATIVE TRAFFIC SIGNAL, ORDINANCE NO.9W AN ORDINANCE AMEND. I NG SECT ION 11 OF OR OI NA NCE NO. 9341 OF THE CITY OF LUB. BOCK. TE%AS, WITH REGARD TO THE RENTAL FEE FOR THE USE OF THE STREETS, ALLEY AND PUBLIC WAYS OF THE CITY OF LUBBOCK BY SOUTH. WESTERN PUBLIC SERVICE