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HomeMy WebLinkAboutMinutes - City Council - Regular - 2/22/1990100 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING FEBRUARY 22, 1990 3:00 P.M. The City Council of the City of Lubbock, Texas met in regular session on the 22nd day of February, 1990 in the City Council Chambers, first floor, City Nall, 1525 13th Street, Lubbock, Texas at 3:00 P.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 Council Work Session to order at 10:30 a.m. and announced that Council would, at that time, go into an Executive Session to discuss the following regular agenda items: (34.) Hod an Executive Session to discuss land ac uisition-- Parks. (43.) Hold an Executive Session on personnel matters to discuss anoointments and/or duties and responsibilities of the following: Parks and Recreation Board Zoning Board of Adjustment Citizens Traffic Commission Southeast Lubbock Development Corporation Committee for Women Board of City Development Mayor McMinn called the regular meeting to order at 3:00 P.M. ( 1.) The Invocation was given by City Manager Larry J. Cunningham. ( 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. ( 3.) Motion was made by Councilmember Patterson, seconded by Councilmember Carpenter to approve the Minutes of the February 8, 1990 Regular City Council meeting as written. Motion carried: 7 Yeas; 0 mays. ( 4.) (15.) Board Appointments 2100' south and 467' west of the northeast corner. Designation of well is Texland North Loop Unit #1. February 22, 1990 Page 101 90-49A-101 -81 (15.) 90 - 49A-TO1-R2 ( 5.) 9 0 - 4 9 4. 10 1- '183 ( 6.) 90-49A••IOI-84 ( 7.) Consider approval of an Oil and Gas Drilling Permit for North Loop Unit #1. Mayor McMinn announced receipt of a letter from the proponent that Items 15 and 15 be continued until March 22, 1990 at a time to be set by Council. Motion was made by Councilmember Patterson, seconded by Councilmember Phillips to continue Items 15 and 15 until March 22, 1990 at 10:20 a.m. Motion carried: 7 Yeas; 0 Nays. Council for their support of the Joint Venture for Affordable Housing Program. Delbert McDougal presented a Certificate of Appreciation to the City Council for their support of the Joint Venture for Affordable Housing Program and stated that the National Association of Homebuilders (NAHB) at their Annual Conference in Atlanta on January 20, 1990, recognized the Lubbock Affordable Housing Program for outstanding achievement in the area of affordable housing. George W. Jackson, President of Lubbock Housing Finance Corporation, presented information about available single-family bond money. He advised that the Housing Finance Corporation will be announcing a $3.5 million bond issue to provide for financing for homes for Lubbock citizens. The money will be reserved for first-time home buyers with an interest rate of 8.95%, and the loan will be for 30 years at the fixed rate with 3 112 points charged at the closing of the loan. The loans will be assumable. Consider Ordinance #9335 amending Section 27 of the Code of Ordinances to increase requirement for amounts of liability insurance. ORDINANCE #9335 AN ORDINANCE AMENDING SECTION 27-55 AND SECTION 27-112 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO INSURANCE AMOUNTS REQUIRED FOR TAXICAB SERVICES AND LIMOUSINE SERVICES OPERATING WITHIN THE CITY OF LUBBOCK; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Jim Sexton, President of Sexton Enterprises, appeared to request an increase in the minimum Public Liability Insurance requirements contained in Section 27 of the Code of Ordinances Vehicles for Hire. The request is that the minimum amounts be raised to $50,000 for February 22, 1990 Page 102 Damages Arising Out of Bodily Injury to or Death of One Person in Any One Accident; $100,000 for Damages Arising out of Bodily Injury to or Death of Two or More Persons in Any One Accident; $50,000 for Injury to or Destruction of Property in Any One Accident. According to Staff memo, on January 9, 1986, Mr. Sexton had requested that the minimum Public Liability Insurance requirements be dropped from the existing 50-100-50 requirement to the current 20-40-20, and Council approved Mr. Sexton's request. According to Mr. Sexton, the original 50-100-50 requirement is a fair requirement based on his assessment that this level of protection is needed for business purposes and because he was able to get the higher level of coverage at a price below what the same coverage cost in 1986. It was Staff's opinion that the current minimum requirement of 20-40-20 is adequate for the purposes defined in the Vehicle for Hire Code. Although the preferred requirement would be the 50-100-50, Staff feels that the financial restraints of local businesses over the last few years justified the reduction to the current level. Motion was made by Councilmember Carpenter, seconded by Councilmember Patterson to approve request of Jim Sexton to pass on first reading Ordinance #9336. Motion carried: 7 Yeas; 0 Hays. 90-494.102-85 (10.) ORDINANCE #9332--AmenA-ing 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. Motion was made by Councilmember Patterson, seconded by Councilmember Phillips to pass on second and final reading Ordinance #9332 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A.102-86 (11.) ORDINANCE #9333--Abandoning and closing a 20' Underground Utility Easement located in Section 1. Block D-3 Lubbock County, Texas. 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 ENGlNE17R TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Phillips to pass on second and final reading Ordinance #9333 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. February 22, 1990 Page 103 90-49A-103-87 (19.) RESOLUTION #3309 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 said City and the Atchison, Topeka and Santa Fe Railway Company concerning the construction and reconstruction of a crossing of said Company's right-of-way by Quirt Avenue, a street which is an integral part of the street system of said City, 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 22nd day of February, 1990. ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVID AS TO CONTENT: Is/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: sLarry D. Hertel Is1 J. Worth Fullinaim Larry D. Hertel, City Engineer J. Worth Fullingim, Assistant City Attorney Santa Fe Original 05012923-58 (Quirt Avenue) COST AND MAINTENANCE AGREEMENT THIS AGREEMENT is made and entered into this 22nd day of February, 11990, by and between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Delaware Corporation, hereinafter designed "Santa Fe", and the CITY OF LUBBOCK, a municipal corporation in the State of Texas, hereinafter designated "City". WITNESSETH: WHEREAS, City proposes to improve and widen Quirt Avenue to a paved roadway width of 64 feet, across Track No. 244, opposite Mile Post 678.9 on Santa Fe's Slaton Subdivision, designated as DOT Crossing No. 014 974Y and; WHEREAS, the parties hereto are in accord as to said Project and are in accord as to the maintenance of said area subsequent to construction, and said parties are willing that, as set forth below, City or City's contractor, shall do all construction of street paving and drainage work required for said project and that Santa Fe shall do all track preparation, installation of full depth rubber crossing materials, as shown on Exhibit "A and made a part hereof. NOW THEREFORE IT IS AGREED: February 22, 1990 Page 3 m 1. City, or City's contractor, at its expense, will d❑ all removal and reconstruction of street paving and base material, installation of street drainage devices, curbs with gutters, repaving of roadway to match reconstructed track prepared by Santa Fe. Furthermore, City, or City's contractor, at its expense, will provide and maintain full street closure and detour devices for the duration of the project. 2. City ryill, at its expense: (a) Arrange for full closure of crossing to vehicular traffic during reconstruction by Santa Fe including all necessary traffic control devices, barricades and delineators and continue such full closure until work is completed by Santa Fe, (b) Advise emergency agencies and public of the closure of the crossing prior to construction and (c) Pave crossing approaches after installation of crossing material by Santa Fe prior to reopening crossing to public use. (d) Provide an asphalt crossing on a temporary basis, pending availability of rubber crossing material, at which time City shall, at its expense, remove said asphalt in preparation for the installation of the full depth rubber surface material by Santa Fe forces. City will provide for concrete approaches to the rubber crossing material. 3. City, or City's contractor, will comply with Santa Fe's rules and regulations, and instructions of Santa Fe's representatives, in relation to proper manner of protecting Santa Fe's track and traffic moving thereon, as well as protecting wires, signals and other property of Santa Fe or its tenants or licensees at or in the vicinity of the work during the period of construction of said project. City, or City's contractor, shall perform its work in a manner satisfactory to Santa Fe or its designated representatives, and at such times as shall not endanger or interefere with safe and timely operation of Santa Fe's track and other facilities. 4. Subject to reimbursement for the cost of materials in accordance with Paragraph 5 below, Santa Fe will provide, at its expense, all labor necessary to: (a) Rehabilitate the track through the crossing (after the asphalt is removed by City) to receive 66 feet of full depth rubber crossing material. (b) Place the rubber surface crossing material through the crossing as indicated on Exhibit "A" dated August 15, 1989. 5. Work specified to be done in above Paragraph 4 by Santa Fe shall be clone as soon as practicable, considering availability of materials and manpower and in consideration thereof, City will pay to Santa Fe the actual total cost of material presently estimated by Santa Fe to be Twenty -Six Thousand Seven Hundred Eight -four and No/100 Dollars (1$26,784.00) as outlined on attached estimate marked Exhibit "B". 6. Santa Fe shall submit to City a bill for eighty percent (80%) of the estimated cost upon commencement of work contemplated, which City agrees to promptly pay. City shall pay the actual final cost, less credit for the sum previously paid, upon completion of audit and receipt of an itemized billing. 7. Santa Fe will, at its expense, maintain that portion of the crossing lying between lines two feet outside of and parallel to the rails of the tracks. 8. City will, at its expense, maintain any street improvement within said crossing other than specified to be maintained by Santa Fe in above Paragraph 7. February 22, 1990 Page 105 9. Both parties agree that the installation of the rubber material on the widened roadway will be made with the understanding that this crossing will be provided, within 18 months, with two cantilever flashing signals at 60% City expense and 40% Santa Fe expense. This work presently estimated to be $93,396 (City's share approximately $56,000) will be covered under a separate Cost and Maintenance Agreement between City and Santa Fe. Two standard reflectorized crossbucks will remain in place until such time that the automatic warning devices are in service. 10. Except as hereinafter otherwise provided, all work to be done hereunder by City in the constructon of said Project will be done pursuant to a contract or contracts to be let by City to a contractor or contractors. All work performed thereunder within the limits of said right of way shall be performed in a good and workmanlike manner and in accordance with plans and specifications approved by Santa Fe and only those changes or modifications during construction that affect Santa Fe shall also be subject to approval by Santa Fe and all such contracts shall provide: (a] That all work performed over, under, or adjacent to the tracts of the Santa Fe shall be done to the satisfaction of Santa Fe. (b) That no work shall be commenced over or adjacent to Santa Fe track until each of the prime contractors employed in connection with said work shall have executed and delivered to Santa Fe a letter agreement in the form of said Exhibit "C-1". (c) That, if it is determined by the City to be in its best interest, City may direct that the construction of said project be done by day labor under the direction and control of City, or if, at any time, in the opinion of the City, the contractor has failed to prosecute with diligence and force the work specified in and by the terms of said contract, it may, in the manner provided by law, terminate the contractor's control over said work and take possession of all or any part thereof, and proceed to complete same by day labor or by employing another contractor or contractors on informal contracts. All such contracts shall require the contractor to comply with the obligation in favor of Santa Fe hereinabove set forth, and if such construction is performed by day labor, City will provide evidence of self-insurance satisfatory to Santa Fe. 11. The City shall indemnify and save harmless Santa Fe against all liability, claims, demands, damages or costs for death or bodily injury of any person or property damages to the property of any persons, firm, or coporation arising out of and proximately caused by the negligent acts, omissions or commission of the City, its servants, officers and employees in connection with the construction, maintenance, use, repair and reconstruction of the street improvements herein completed to the extent the City is liable as set forth under the laws of the State of Texas; provided however that the City shall not and does not waive any of its defenses to such claims as a Texas home rule municipal corpoation and further if any claims or liabilities shall arise from the joint or concurring negligence of the City and Santa Fe, it shall be borne by the City and Santa Fe in accordance with the laws of the State of Texas. 1N WITNESS WHEREOF, CITY OF LUBBOCK has caused these presents to be executed and attested by its duly qualified and authorized officials pursuant to authority regularly granted them by its City Council and THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY has executed these presents both as of the day and year first above written. ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Larry D1. Hertel Larry 1). Hertel, City Engineer APPROVED AS TO FORM: Is1 ►]. forth Full ingim J. Worth Fuilingim, Assistant City Attorney February 22, 1990 Page 106 THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY By: Its: CITY OF LUBBOCK By: ZsZ B. C. McMinn Its• Mayor APPROVED AS TO FORM: Is1 R. Lentis Ballantynn General Attorney for Santa Fe EXHIBIT A, B, AND C-1 FILED WITH RESOLUTION This crossing is located at a spur track crossing Quirt Avenue between East 50th Street and Slaton Highway, which is currently under construction. Two spur tracks cross the portion of Quirt under construction, one being owned by Burlington Northern and the other ❑wned by Santa Fe. The proposed Agreement with the Railroad for the shared cost of a full -depth rubber crossing at this spur track has been complicated with their insistence that the City participate in the cost of signalized warning devices at this crossing. From early in the planning stage of the Quirt Paving Project, Staff proposed to make an effort to provide full -depth rubber crossings at these tracks. Initial contact was made with both railroads in the Spring of 1988. The first correspondence with Santa Fe was in September, 1988. During the Railroad's review of the Quirt plans in early 1989, Santa Fe made the following requests: (1) The proposed curb and gutter elevations be revised at the crossing to allow rail elevation adjustment. Santa Fe wanted to raise their rails because of drainage considerations. (2) Concrete approach slabs at the crossing. The City changed the plans to provide for these requests. February 22, 1990 Page Ya7 Concrete approach slabs were also proposed for the Burlington crossing. Burlington submitted the Agreement for their crossing, and it was approved by the City Council on June 3, 1989, and the crossing was constructed in September, 1989. Because there did not appear to be a problem with the Santa Fe crossing except their delay in preparing the estimate and Agreement, the Paving Contract was awarded on July 13, 1989, and "Notice to Proceed" was issued September 11, 1989. Ron Mathieu of Santa Fe called September 29, 1989, and stated that Santa Fe would not participate with the Rubber Crossing Agreement unless the City agreed to provide for crossing signals and gates at the full cost of approximately $150,000. A letter dated October 24, 1989, from Santa Fe stated they would participate in 10% of the cost and included their justification for requiring the safety devices. Members of the Engineering Department Staff met with Mr. Mathieu on November 6, 1989 and told him that these costs were not budgeted in the project and this amount of City participation was excessive for the signal and gate. Mr. Mathieu then requested that the City pay 60%, and limit the safety devices to signals only, and not the gate. (This type of signal is estimated to cost about $100,000, so City participation for the signal would be approximately $60,000.) ITEMS TO BE CONSIDERED 1. This Agreement provides for the shared participation in the cost of a full depth rubber crossing. The City's estimated cost for materials is $26,784 with Santa Fe providing all labor to construct the rubber crossing. This compares to $19,900 estimated City participation for the Burlington rubber crossing. 2. The Agreement stipulates that two cantilever flashing signals will be provided within 18 months at 60% City expense ($56,000) and 40% railroad expense ($37,000). 3. Since the railroad suggested the need for a protective safety device at this crossing, the City may increase its exposure to liability if the device is not installed and a train -automobile accident occurs, 4. Curb and gutter and black base paving have been constructed adjacent to the Santa Fe crossing at the proposed track elevation, and Santa Fe has not indicated if they will still adjust their track elevation if the City does not execute the Agreement. If they do not raise their rail elevation, approximately 100' of curb and gutter and paving will require removal and reconstruction on each side of the track at an estimated cost of an addi- tional $34,000. February 22, 1990 Page 1OA COST SUMMARY $26,784 Participation in Rubber Crossing 56,000 Participation in Flashing Signals $82,784 Total Estimated City Participation if Agreement is Executed "OR" $34,000 City Cast to Reconstruct Paving if Railroad Does Not Adjust Track ALTERNATIVES TO EXECUTING AGREEMENT 1. An inquiry was made about the passibility of a planked crossing. Santa Fe stated few plank crossings are constructed on major thoroughfares or streets having significant truck traffic. Planked crossings are done by Agreement with the Railroad and normally at the cast of the City making the request. Any Agreement with the Railroad, however, would still need to address the crossing signal requirement. 2. An assessment for the construction of a concrete railroad crossing could be attempted but indications are the Railroad would take all passible legal means necessary to prohibit work on their rails and continue to require the signal crossing. 3. Do not construct an improved crossing. Filling between the rails with asphaltic hat mix to allow traffic to crass the spur would be comparable to the type crossings that existed before construction. This crossing would continue to produce a rough ride even with a significant maintenance effort. AVAILABLE PROJECT FUNDING Current estimates indicate that sufficient funds are available in this project budget to allow for the $56,000 participation in the crossing signal, and City participation was included in the project budget. Staff recommended approval of this Agreement. Motion was made by Councilmember Patterson, seconded by Councilmember Phillips to authorize Resolution #3309 and to authorize installation of a full -depth rubber railroad crossing and signal, with the City paying $26,784 for materials for crossing and Santa Fe providing the labor. The City will also pay 60% ($55,000) of the cast for the signal. It was further stipulated that no gate be authorized. This was as recommended by Staff. Motion carried: 1 Yeas; 0 Nays. 90-49A- 1O8_ 88 (20.) Consider Resolution #3310 authorizing the Mayor, on behalf of the City of Lubbock, to execute two electrical supply overhead crossing licenses with the Atchison Topeka, and Santa Fe Railway Company. February 22, 1990 Page 1M9 RESOLUTION #3310 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 as Permittee therein two Licenses for electric supply lines across railway property by and between said City and the Atchison, Topeka and Santa Fe Railway Company for two wire line facilities to be constructed, owned, operated and maintained by said City across said Railroad's right-of-ways at mile post 0 + 4976 Lehman Subdivision and mile post 7 + 1550 Seagraves Subdivision, 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 22nd day of February, 1990. Is/ B. C. McMinn B. C. McMINN, MAYOR ATTEST:: s Ranette Bo d Ranett4: Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: /s/ Ed_BucY Is/ Harold Willard Ed Bucy, Right -of -Way Agent Harold Willard, Assistant City Attorney 11015492 LICENSE FOR ELECTRIC SUPPLY LINE ACROSS OR ALONG RAILWAY PROPERTY (Electric Light, Power Supply and Trolley Lines, Irrespective of Voltage, Overhead or Underground) THIS LICENSE, Made as of the 16th day of January, 1990, between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Delaware corporation thereinafter called "Santa Fe") and CITY OF LUBBDCK, a municipal corporation of the State of Texas (hereinafter whether one part or more called "Licensee"). WITNESSETH, That the parties hereto for the consideration hereinafter expressed covenant and agree as follows: 1. In consideration of the sum of Four Hundred and No/100 Dollars ($400.00) in hand paid by Licensee to Santa Fe, the receipt whereof its hereby acknowledged and of the covenants and agreements of Licensee hereinafter set forth, and of the faithful performance by Licensee of the same, Santa Fe licenses and permits Licensee to construct, maintain and use an electric supply line containing a maximum of four (4) conductors across or along the premises of Santa Fe at or near the station of Doud, Lubbock County, Texas, the kind and gauge of said conductors, the phase, frequence and voltage of the electric circuit carried thereon and the location of said electric supply line being more particularly shown by bold line upon the print hereto attached, No. 1-I1319 dated January 15, 1990, marked "Exhibit A", and made a part hereof. For convenience, the said electric supply line, with all conductors and their supporting or containing structures insofar as they relate to said electric supply line upon said premises, is hereinafter tailed the "Electric Supply Line". 2. Licensee shall, at Licensee's own cost, construct and at all times maintain the Electric Supply Line in strict accordance with the Specifications, for the time current, for Electric Supply Lines across or along Railway Property, adopted by the Electrical Section of the Association of American Railroads, or any successor agency, except where by statute or order of competent public authority a dlifferent type of construction or a different degree of maintenance February 22, 1990 Page 110 is required or permitted, in which case such construction or maintenance shall be in strict accordance with such statute or order; provided, however, all materials and workmanship employed in the construction and maintenance of the Electric Supply Line shall be subject to the approval of Santa Fe, and shall be in accordance with the National Electric Code. 3. Licensee shall, at Licensee's own cost, remove all combustible material from around wooden poles and will at all times keep the space around such poles free of such material, and if removal of such combustible material shall not be attended to within fifteen (15) dlays after having been requested by Santa Fe so to do, Santa Fe shall have the right itself to perform the work and Licensee hereby agrees to reimburse Santa Fe for the expense so incurred. 4. Pouring the construction and while repairing, renewing or changing the Electric Supply Line, Licensee shall exercise utmost and extraordinary diligence to the end that no damage shall occur to the property of Santa Fe, and that there shall be no interference with the operation of its railroad. Upon completion of the Electric Supply Line or after the making of any changes, repairs or renewals, Licensee shall, at Licensee's own cost, restore said premises to their former state; and Licensee shall, within fifteen (15) days after receipt of bill therefor, pay to Santa Fe the entire cost incurred in employing watchmen or such other means of protection as in the judgment of Santa Fe may be required during the construction, maintenance, repair, renewal or changing of the Electric Supply Line. 5. If at any time during the term hereof Santa Fe shall desire to make any use of its property with which the Electric Supply Line will in any way interfere, including the relocation of existing or the construction of new lines of poles, wires, conduits and other facilities in which it shall have an interest, Licensee shall, at Licensee's own cost, within thirty (30) days after receiving written notice from Santa Fe to such effect, make such changes in the Electric Supply Line as in the judgment of Santa Fe may be necessary to avoid interference with the proposed use of its property. 6. 'Santa Fe shall have the right at its eleciton itself to construct the (Electric Supply Line, and at any time to make such repairs, renewals or changes therein as it may deem necessary or desirable, and in the event Santa Fe shall decide to exercise such right, Licensee shall advance to Santa Fe the cost, as estimated by Santa Fe, of such construction, repair, renewal or change. If the actual cost incurred by Santa Fe in performing such work shall prove more or less than the amount so advanced, the difference shall be promptly paid by Licensee or refunded by Santa Fe, as the case may be. Santa Fe may, at its election, advance the necessary moneys to cover such cost and, in that case, Licensee agrees promptly upon demand to pay to Santa Fe all sums so advanced, with interest. 7. Licensee shall at all times indemnify and save harmless Santa Fe and other companies operating over its tracks against, and shall pay in full, all loss, damage or expense that they, or any of them, may sustain, incur or become liable for, resulting in any manner from the construction, maintenance, use, state of repair, or presence of the Electric Supply Line upon said premises, includng any such loss, damage or expense arising out of (a) loss of or damage to property, I;b] injury to ❑r death of persons, (c) mechanics' or other liens of any character or (d) taxes or assessments ❑f any kind. It is the intention of the parties that Santa Fe's right to indemnity hereunder shall be valid and enforceable against Licensee regardless ❑f negligence (whether active, passive, derivative, joint, concurring or comparative) on the part ❑f Santa Fe, its ❑fficers, agents and employees. February 22, 1990 Page Ill 8. Since this license is made in part for the benefit of other companies operating over Santa Fe's tracks, any of said companies may sue to enforce the provisions hereof, either jointly or severally, as their interests may be joint or several. None of said companies nor the Santa Fe shall be liable for any damage, howsoever caused, to the Electric Supply Line, whether due to negligence or otherwise. 9. If Licensee shall at any time fail or refuse to comply with or carry out any of the covenants herein contained, and such failure or refusal shall continue for a period of thirty (30) days after written demand for such performance or compliance shall have been made upon Licensee by Santa Fe, Santa Fe may, at its election, without notice, forthwith revoke this license, and in case of such election, or upon any termination hereof, Licensee shall, upon request, forthwith remove the Electric Supply Line and restore said premises to the condition in which they were prior to the construction of the Electric Supply Line. In case Licensee shall fail to make such removal or restoration within thirty (30) days, Santa Fe may proceed with such work, and Licensee shall promptly repay to Santa Fe the cost thereof. No waiver by Santa Fe of any default or defaults, or the right to terminate this license, shall be deemed or held to be a waiver of the right to terminate the same for any subsequent default or defaults, but notwithstanding such waiver Santa Fe may terminate this license upon any subsequent default or defaults which may occur; nor shall any termination hereof release Licensee from any liability or obligation hereunder, whether of indemnity or otherwise, resulting •From any acts, omissions or events happening prior to the date of termination or such later date when the Electric Supply Line may be removed and said premises restored as hereinabove provided. 10. Licensee shall at all times, at Licensee's own cost, maintain the (most effective system and use the best known and most effective (:methods to protect the lines, wires, and service of Santa Fe and of any licensee of Santa Fe whose permission to use said premises antedates the license and permission herein to Licensee, from interference and physical hazard, and if necessary in order to prevent such interference or hazard, Licensee shall, at Licensee's own cost, transpose Licensee's circuits or make such changes in the construction or location of the Electric Supply Line as may be specified by Santa Fe. 11. In case of the eviction of Licensee by any one owning or claiming title to or any interest in said premises, or any part thereof, Santa Fe shall not be liable to Licensee for any damage of any nature whatsoever, or to refund any moneys paid hereunder. 12. Any notice to be given by Santa Fe to Licensee hereunder shall be deemed to be properly serviced if the same be delivered to Licensee or if deposited in the United States mail, postage prepaid, addressed to Licensee at P.O. Box 2000, Lubbock, Texas 79457. Any notice to be given by Licensee to Santa Fe hereunder shall be deemed to be properly serviced if it be deposited in the United States mail, postage prepaid, addressed to Santa Fe's Vice President - Operations, One Santa Fe Plaza, P.O. Box 1738, 920 S.E. Quincy Street, Topeka, Kansas 66601. 13. In the event Licensee herein consists of two or more parties, all the covenants and agreements of Licensee herein contained shall constitute the joint and several covenants and agreements of such parties. 14. This license may be terminated by either party hereto upon one (1) month's notice in writing to be served upon the other party, stating therein the day of the month that such termination will take place; and upon the expiration of the time specified in such notice this license, and all rights and privileges of Licensee thereunder, shall absolutely cease. This license shall terminate in any event immediately upon the death of the Licensee, if the sole Licensee is an individual. February PP, 1990 Page112 15. This license shall be binding upon and inure to the benefit of the parties and their respective legal representatives, successors and assigns; provided, however, no assignment hereof by Licensee, Licensee's legal representatives, successors or assigns, nor any subsequent assignee, shall be binding upon Santa Fe without the written consent of Santa Fe in each instance, and at the option of Santa Fe this license shall be forfeited by any such voluntary assignment or by any assignment thereof by operation of law. 15. Notwithstanding any other provisions of this license, Licensee shall comply with all statutes, ordinances, rules, regulations, orders and decisions (hereinafter referred to as "Standards"), issued by any federal, state or local governmental body or agency established thereby (hereinafter referred to as "Authority"), relating to Licensee's use of Santa Fe's property hereunder. In its use of the premises, Licensee shall at all times be in full compliance with all Standards, present or future, set by any Authority, including, but not limited to, Standards concerning air quality, water quality, noise, hazardous substances and hazardous waste. In the event Licensee fails to be in full compliance with Standards set by any Authority, Santa Fe may, after giving reasonable notice of the failure to Licensee, and Licensee, within thirty (30) days of such notice, fails either to correct such non-compliance or to give written notice to the Santa Fe of its intent to contest the allegation of non-compliance before the Authority establishing the Standard or in any other proper forum, take whatever action is necessary to protect the premises and Santa Fe's railroad and other adjacent property. Licensee shall reimburse the Santa Fe for all costs (including but not limited to, consulting, engineering, clean- up and disposal costs, and legal costs) incurred by the Santa Fe in complying with such Standards, and also such costs incurred by the :Santa Fe in abating a violation of such Standards, protecting against a threatened violation of such Standards, defending any claim of violation of such Standards in any proceeding before any Authority or court, and paying any fines or penalties imposed for such violations. Licensee shall assume liability for and shall save and hold harmless 'the Santa Fe from any claim of a violation of such Standards regadless of the nature thereof or the Authority or persons asserting :such claim, which results from Licensee's use of Santa Fe's premises, whether such claim arises in whole or in part from the negligence or alleged negligence of the Santa Fe or otherwise. Licensee, at its cost, shall assume the defense of all such claims regardless of whether they are asserted against Licensee or Santa Fe. 17. Upon written notice from Santa Fe, Licensee agrees to assume the defense of any lawsuit, administrative action or other proceeding brought against Santa Fe by any public body, individual, partnership, corporation, or other legal entity, relating to any matter covered by tthis License for which Licensee has an obligation to assume liability for and/or to save and hold harmless the Santa Fe. Licensee shall pay all the costs incident to such defense, including, but not limited to, attorneys' fees, investigators' fees, litigation expenses, settlement payments, and amounts paid in satisfaction of ;judgments. Any and all lawsuits or administrative actions brought or threatened on any theory of relief available at law, in equity or under the rules of any administrative agency shall be covered by this :section, including, but not limited to, the theories of intentional misconduct, negligence, breach of statue or ordinance, or upon any theory created by statue or ordinance, state or federal. February 22, 1990 Page 113 IN WITNESS WHEREOF, the parties have executed this license in duplicate the day and year first above written. ATTEST: s Ranette Boyd Ranette Boyd, City Secretary EXHIBIT A FILED WITH RESOLUTION 90-49A- 113-89 (21.) THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY By: s E. R. Spangler Its Manager of Contracts CITY OF LUBBOCK, TEXAS By: Is1 B. C. McMinn_, Its Mayor. Date: February 22, 1990 This Resolution allows the Mayor to sign two standard Electric Wire Crossing Licenses with Santa Fe. LP&L is in the process of constructing a north -south overhead electrical line from 34th Street southward to Brownfield Highway. The line will run along the east side of future Milwaukee Avenue in the developing Santa Fe Park Addition. It will be crossing Santa Fe's spur tracks at two different locations, one being the Lehman spur track and the Seagraves spur track. Santa Fe charges $400 per license, for a total of $800 due to them for the licenses. Staff recommended approval. Motion was made by Councilmember Carpenter, seconded by Mayor Pro Tem Baker to authorize Resolution #3310 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. RESOLUTION #3311 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for the widening of Indiana Avenue, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described tract of land located in Lubbock County, Texas be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to - wit: February 22, 1990 Page 114 The East Fifteen (15) feet of Lot 2, and all of Lot 1, Block 12, Myrtle Slaton No. 2 Addition to the City of Lubbock, Lubbock County, Texas. SECTION 2. THAT the owners of said tracts, including Glen Earl Roth and his wife, Robin McMenamy Roth, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $60,000, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described, for the use and benefit, of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 22nd day of February, 1990. ATTEST,: 5 Rariette Boyd Ranette Boyd, City Secretary APPROUf_D AS TO CONTENT: 5 Ed Buc r Ed Bucy, Right -of -Way Agent 90-49A-114-90 Is1 B. C. McMinn B. C. MCMINN, MAYOR APPROVED AS TO FORM: Zs1 J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney This house and lot, located at the southwest corner of 38th Street and Indiana Avenue (3401 38th), are being acquired for the widening of Indiana Avenue from 34th Street south to 50th Street. The property was appraised by Frank Sikes at a market value of $60,000, which is the City's offer to the Roths. The Right -Of - Way Department has reviewed this appraisal and field inspected the property to verify the appraisal data. Originally, 26 houses and one business partial -taking (Lena Stephens property) were to be acquired for the widening of Indiana Avenue. After the purchase of this house, nine houses and the partial -taking remain to be acquired. Staff recommended approval. Motion was made by Councilmember Trejo, seconded by Councilmember Maloy to authorize Resolution #3311 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. (22.) Consider Ordinance #9337 abandoning and -closing a_5' Underground Utility Easement located just west _of_Lot 849, pleasant Ridge Addition in Tract A, Clawson Point Addition. ORDINANCE #9337 AN ORDINANCE ABANDONING AND CLOSING A FIVE FOOT UNDERGROUND UTILITY EASEMENT LOCATED JUST WEST OF THE PLEASANT RIDGE ADDITION TO THE CITY OF LUBBOCK, LOCATED IN TRACT "A", CLAWSON POINT, AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED HEREINAFTER IN OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. February 22, 1990 Page 115 90-49A•• 115-91 (23.) 90-49A-115,032 (24.) This Ordinance abandons and closes a 5' north -to -south Underground Utility Easement located just south of the intersection of York Avenue and 5th Street. This Easement was dedicated by separate instrument to LP&L but contained language that allowed all other utilities to use the Easement. After the recent platting of Clawson Point Tract "A", which will house the new United Supermarket at 4th Street and Slide Road, a problem was discovered with the location of the Easement. To remedy this, the proponent for closure, APF Lubbock Associates Limited Partnership, is granting the City a new 5' Easement next to the one being closed for LP&L to use. They are also granting LP&L an exclusive Easement for the area being closed to prevent the usage of this easement by any other utility except LP&L, and if the fence encroachment causes a problem, then LP&L will relocate via an installed underground conduit to the new easement area. Staff recommended approval. Motion was made by Councilmember Carpenter, seconded by Councilmember Patterson to pass on first reading Ordinance #9337 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Consider the price and condition of sale of Parcel Numbers-_92500-5-20 and 92500-5-30 in the Guadalupe UrbanRenewalArea (1505 Bates)._ This is a routine sale of property by the Urban Renewal Agency to Charles E. Key, d/b/a Key Construction Company for $300. The property is to be redeveloped as a single-family residence and is properly zoned. This proposed sale is submitted according to the Marketing Plan for the Guadalupe Area adopted by the Urban Renewal Board of Commissioners on October 17, 1989 and is in conjunction with the Joint Venture for Affordable Housing in the Guadalupe Area approved by the City Council on December 7, 1989. Motion was made by Mayor Pro Tem Baker, seconded by Councilmember Phillips to accept price and conditions of sale of Parcel Numbers 92600-5-20 and 92600-5-30 in the Guadalupe Urban Renewal Area (1505 Bates) as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Consider -the -price and condition of _sale of -Parcel Numbers 92600-4-80 and 92600-4-90 in the Guadalupe UrbanRenewalArea (1508 Bates),_ This is a routine sale of property by the Urban Renewal Agency to Charles E. Key d/b/a Key Construction Company for $300. This property is to be redeveloped as a single-family residence and is properly zoned. This proposed sale is submitted according to the Marketing Plan for the Guadalupe Area adopted by the Urban Renewal Board ❑f Commissioners with the Joint Venture for Affordable Housing in the Guadalupe Area approved by the City Council ❑n December 7, 1989. 90-49A•-11693 (25.) 90-49A.-116..9+4 (26.) 90-49A-.116-95 (27.) February 22, 1990 Page 116 Motion was made by Mayor Pro Tem Baker, seconded by Councilmember Phillips to accept price and conditions of sale of Parcel Numbers 92600-4-80 and 92600-4-90 in the Guadalupe Urban Renewal Area (1508 Bates) as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. This is a routine sale of property by the Urban Renewal Agency to Charles E. Key, d/b/a Key Construction Company for $300. This property is to be redeveloped as a single-family residence and is properly zoned. This structure is a custom house for a family being relocated from a substandard lot in the Arnett Benson Acquisition/Relocation CDBG Program. This proposed sale is submitted according to the Marketing Plan for the Guadalupe Area adopted by the Urban Renewal Board of Commissioners on October 17, 1989. Motion was made by Mayor Pro Tem Baker, seconded by Councilmember Phillips to accept price and conditions of sale of Parcel Number 33500-17-120 in the Guadalupe Urban Renewal Area (1003 2nd St.) as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Consider the price and condition of sale of Parcel Number 85430-2-23 (S. 55' of N. 165') in the Guadalupe Urban Renewal Area (219 Avenue L). This is a routine sale of property by the Urban Renewal Agency to 0. E. Farmer d/b/a Trademark Home Builders for $300. This property is to be redeveloped as a single-family residence and is properly zoned. This proposed sale is submitted according to the Marketing Plan for the Guadalupe Area adopted by the Urban Renewal Board of Commissioners on October 17, 1989 and is in conjunction with the Joint Venture for Affordable Housing in the Guadalupe Area approved by the City Council on December 7, 1989. Motion was made by Mayor Pro Tem Baker, seconded by Councilmember Phillips to price and conditions of sale of Parcel Number 85430-2-23 (S. 55' of N. 165') in the Guadalupe Urban Renewal Area (219 Avenue Q as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Consider -the -price -and condition of sale of Parcel Number 33500-16-140 in the Guadalupe Urban Renewal Area (1010 2nd Street). This is a routine sale of property by the Urban Renewal Agency to Spectrum Construction, Inc. (Gary Patton, President), for $300. This property is to be redeveloped as a single-family residence and is properly zoned. This proposed sale is submitted according to the Marketing Plan for the Guadalupe Area adopted by the Urban Renewal Board of Commissioners on October 17, 1989 and is in conjunction with the Joint Venture for Affordable Housing in the Guadalupe Area approved by the City Council on December 7, 1989. February 22, 1990 Page 1,17 90-49A-- 117-96 (28.) 90-49A-- 117-97 (29.) 90-49A- 1.17-98 (30.) Motion was made by Mayor Pro Tem Baker, seconded by Councilmember Phillips t❑ accept price and conditions ❑f sale of Parcel Number 33500-16-140 in the Guadalupe Urban Renewal Area (1010 2nd Street) as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Consider the price and condition ❑f sale ❑f Parcel Number 93440-10-3 & 4 in the Chatman Hill Urban Renewal Area (2507 Birch). This is a routine sale of property by the Urban Renewal Agency t❑ Charles F. Key d/b/a Key Construction Company for $450. This property is to be redeveloped as a single-family residence and is properly zoned. This proposed sale is submitted according to the Marketing Plan for the Chatman Hill Area adopted by the Urban Renewal Board of Commissions ❑n August 15, 1989 and is in conjunction with the Joint Venture for Affordable Housing in the Chatman Hill Area approved by the City Council on March 24, 1988. Motion was made by Mayor Pro Tem Baker, seconded by Councilmember Phillips to accept price and conditions of sale of Parcel Number 93440-10-3 & 4 in the Chatman Hill Urban Renewal Area (2507 Birch) as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. This is a routine sale of property by the Urban Renewal Agency to Spectrum Construction, Inc. (Gary Patton, President) for $300. This property is to be redeveloped as a single-family residence and is proper`,; zoned. This proposed sale is submitted according to the Marketing Plan for the Chatman Hill Area adopted by the Urban Renewal Board ❑f Commissions on August 15, 1989 and is in conjunction with the Joint Venture for Affordable Housing in the Chatman Hill Area approved by the City Council on March 24, 1988. Motion was made by Mayor Pr❑ Tem Baker, seconded by Councilmember Phillips to accept price and conditions of sale of Parcel Number 93440-10-5 in the Chatman Hill Urban Renewal Area (2509 Birch) as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. This is a routine sale of property by the Urban Renewal Agency to Achievement Homes, Inc. (Ron Lubowicz, President), for $320. This property is to be redeveloped as a single-family residence and is properly zoned. This proposed sale is submitted according to the Marketing Plan for the Chatman Hill Area adopted by the Urban Renewal Board of Commissions on August 15, 1989 and is in conjunction with the Joint Venture for Affordable Housing in the Chatman Hill Area approved by the City Council on March 24, 1988. 90-49A--118-99 (31.) February 22, 1990 Page 11.8 Motion was made by Mayor Pro Tem Baker, seconded by Councilmember Phillips to accept price and conditions of sale of Parcel Number 93440-11-15 in the Chatman Hill Urban Renewal Area (2317 Birch) as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. RESOLUTION #3312 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Lease Agreement by and between the City of Lubbock and John Berry d/b/a Berry's Enterprise, 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 22nd day of February, 1990. ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS; TO CONTENT: s Bern E. Case Bern E. Case, Director of Aviation THE 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 KNOW ALL MEN BY THESE PRESENTS: LEASE AGREEMENT THIS AGREEMENT, entered into at Lubbock, Texas, by and between the City of Lubbock, hereinafter referred to as "Lessor," and John Berry d/b/a Berry's Enterprise, hereinafter referred to as "Lessee." ARTICLE ONE LEASED PREMISES For and in consideration of the terms, covenants and conditions hereinafter set forth, Lessor does hereby lease unto Lessee the following premises, hereinafter called "Leased Premises," located at the Lubbock International Airport, hereinafter referred to as the "Airport," to -wit: T-HANGARS - 12 units plus office space whose general location is shown on Exhibit "A," attached hereto and incorporated herein as part of this Agreement. ARTICLE TWO TERM The term of this Lease shall be for a period of three (3) years beginning on December 1, 1989, and expiring on November 30, 1992, unless terminated earlier as hereinafter provided. February 22, 1990 Page 119 ARTICLE THREE USE OF PREMISES Lessee is herein granted the Leased Premises for the nonexclusive privilege of conducting a T-Hangar rental service and for no other purpose. ARTICLE FOUR RENTALS. CPI ADJUSTMENTS. RECORDS AND PLACE OF PAYMENT A. RENTAL - In consideration of the rights and privileges herein granted, Lessee shall pay to the Lessor an annual rental of FOUR THOUSAND THREE HUNDRED FIFTY-THREE AND 12/100 DOLLARS ($4,353.12), which rental shall be paid in twelve (12) equal monthly installments of THREE HUNDRED SIXTY-TWO AND 76/100 DOLLARS ($362.76), in advance, by the tenth (10th) day of each month. B. CPI ADJUSTMENTS - Lessor and Lessee mutually agree that during the term of this Agreement the rental rate will be adjusted upward or downward for each ensuing year beginning January 1, 1991, in direct proportion to the fluctuation in the U. S. Department of Labor, Bureau of Labor Statistics Consumer Price Index. For the purpose of computing all adjustments, the Bureau of Labor Statistics Consumer Price Index as of January 1990 shall be construed as the base period. C. RECORDS - Lessee will provide lessor with a list of tenants who lease T-Hangar units from Lessee and will promptly notify Lessor of changes in the list so that the same may be kept current. D. PAYMENT - All payments that become due and payable by Lessee shall be made to the City of Lubbock at the office of the Director of Aviation, Lubbock International Airport, Lubbock, Texas. ARTICLE FIVE OBLIGATIONS OF THE LESSOR A. CLEAR TITLE - Lessor covenants that it is well seized of the Leased Premises, has good title, free and clear of all liens and encumbrances having priority over this Lease, and has full right and authority to lease the property described in this Agreement. B. MAINTENANCE OF AIRPORT - Lessor covenants and agrees that it will (luring the term of this Agreement operate and maintain the Airport as a public facility consistent with and pursuant to the Sponsor's Assurances given by the City of Lubbock to the United States Government. C. CONDITION AND MAINTENANCE OF PREMISES - Lessor shall assume no responsibility as to the condition of the Leased Premises and shall riot assume responsibility for any maintenance, upkeep or repair necessary to keep the Leased Premises in a safe and serviceable condition. D. MAINTENANCE OF ROADS - Lessor shall maintain roads on the Airport which afford access to the Leased Premises in a good and adequate condition for use by automobiles and trucks. ARTICLE SIX OBLIGATIONS OF THE LESSEE A. NET LEASE - This Lease shall be without cost to the City of Lubbock for the development, maintenance and improvement of the Leased Premises. It shall be the sole responsibility of the Lessee to keep, maintain, repair and operate the entirety of the Leased Premises and all improvements and facilities placed thereon at Lessee's sole cost and expense. February 22, 1990 Page 12 0 B. PRIVILEGES AND CONDITIONS - Lessee is herein granted the following nonexclusive general privileges, uses and rights: 1. The right of ingress to and egress from the Leased Premises over and across common or public roadways serving the Airport. Such right of ingress and egress, however, shall be subject to all laws, ordinances, rules and regulations now existing or hereafter promulgated by the City of Lubbock or other lawful authority. :2. Lessee agrees to maintain, at no expense to the Lessor, all T- Hangar unit doors as necessary for their safe operation. :3. Lessee agrees that it does not acquire any equity or title to the Leased premises as a result of this Agreement and that the T-Hangar units and office space herein leased shall remain the sole property of Lessor. J1. Lessee agrees to terminate this Agreement upon thirty (30) days notice from Lessor if the City of Lubbock in good faith deems that the T-Hangar units herein leased need to be removed from the Airport site in order to provide for development of the Airport. 5. Lessee agrees that it will not use or permit the Leased Premises herein leased to be used for any other purpose other than that which is expressly herein authorized. 15. Lessee covenants that it will not store or permit storage of gasoline, oil, paint or any other flammables on the Leased Premises and that no smoking or open flame will be permitted thereon. It is also understood that Lessee will not use or permit use of the T-Hangar units for any purpose other than for storage of aircraft or uses authorized by the Director of Aviation of the City of Lubbock, and in no way shall any commercial operation of any nature be permitted. .1. Lessee covenants that it will ensure that all lessees of the T- Hangar units comply with all laws, ordinances, rules, regulations, policies and security procedures now existing or hereafter promulgated by the City of Lubbock or other lawful authority. 13. Lessee shall prohibit both unauthorized persons and vehicles from entering restricted Airport premises through gates or premises which Lessee or its tenants control, singularly or otherwise, and Lessee agrees in the event that a civil penalty or fine is levied against the Airport or City of Lubbock 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 restricted premises, Lessee shall immediately reimburse the Airport or City of Lubbock the full amount of the penalty or fine and correct the act or omission leading to, causing or contributing to the violation. C. MAINTENANCE - Lessee accepts the Leased Premises in their present condition and shall, at its sole cost and expense, repaint, repair and maintain the T-Hangar units and office space herein leased consistent with good business practice and at least equal in appearance and character to similar improvements on the west side of the Airport. Lessee shall repair all damage to the Leased Premises and other City -owned property resulting from its business activities at the Airport. Lessor shall be the sole judge of the quality of maintenance and repairs; and upon written notice, Lessee shall be February 22, 1990 Page 121 required to perform such maintenance and repairs as the director of Aviation of Lessor deems necessary. Lessor shall have the right to terminate this Agreement immediately upon Lessee's failure to comply with this provision within fifteen (15) days following receipt of such written notice from the Director of Aviation. D. PROPERTY PERMANENTLY AFFIXED TO PREMISES - Any property belonging to Lessee which becomes permanently attached to the Leased Premises shall become the property of the City of Lubbock either upon termination of this Agreement or expiration of its term. Determination by the City Attorney of the City of Lubbock as to whether an item has become "permanently attached" to the Leased Premises shall be final. E. REMOVAL OF LESSEE'S PROPERTY - Lessee shall have the right, except as otherwise herein provided, within fifteen (15) days of termination of this Agreement or expiration of its term, to remove from the Leased Premises all of Lessee's furniture, equipment and other property which have not become permanently affixed to the Leased Premises, but Lessee shall also have the duty to restore the Leased Premises to their original condition, normal wear and tear excepted. Lessor shall have a contractual lien on all of Lessee's property to secure any unpaid rentals or other charges due Lessor, and Lessee's right to remove its property from the Leased Premises is contingent upon all :sums due or owed to Lessor being paid in full by Lessee. Property left by Lessee on the Leased Premises after thirty (30) days from the date of termination or expiration of this Agreement shall be deemed abandoned and will become the property of Lessor and may be disposed of as the Lessor chooses, without liability to account to the Lessee for the proceeds of any sale. Lessor, at its option, may charge Lessee rent from the date of expiration or termination of this Agreement through the day of final removal of said property or of notification to Lessee that said property has been deemed abandoned, as the case may be, which rent shall not be less than the monthly rental herein required to be paid to the Lessor. F. SUBORDINATION OF LIEN - Lessee must provide the Director of Aviation of Lessor with a subordination agreement executed by each lien holder that has a lien against any property to be used or installed by Lessee upon the Leased Premises which subordinates said lien or liens to Lessor's contractual lien securing payment of all sums due Lessor under this Agreement. G. RATES - Lessee agrees to charge fair, reasonable and nondis- criminatory rates and charges for the rental of T-Hangar units, which rates and charges shall be subject to review and approval by the Airport Board of the City of Lubbock. H. ADVERTISING - Lessee will erect no signs and will distribute no advertising at the Airport without the prior written consent of the Director of Aviation of Lessor. I. UTILITIES - Lessee shall assume responsibility and pay for all costs and charges for metered utility services furnished Lessee during the term of this Agreement. Lessee shall have the right to connect to any storm or sanitary sewers and water and utility outlets, the cost of extension, installation and meters, where required, to be borne by Lessee. J. PAYMENT OF TAXES, FEES - Lessee shall pay all federal, state and local government taxes, license fees, assessments and occupation taxes levied on the business conducted on the Leased Premises, or on any of Lessee's property used in connection therewith. Lessee shall render for taxation purposes all property used in connection with the business conducted on the Leased Premises, and all such property shall have its situs and domicile in Lubbock, Lubbock County, Texas. Delinquency in the payment of any such obligations shall constitute grounds for immediate termination of this Agreement by Lessor. February 22, 1990 Page 122 K. REGULATIONS - Lessee's officers, agents, employees and servants will obey all laws, ordinances, rules and regulations which have been or may be promulgated by the City of Lubbock or by other lawful authority to ensure the safe and orderly conduct of operations and traffic at the Airport. L. PROHIBITION OF SUBLEASES AND ASSIGNMENTS - Lessee will not, directly or indirectly assign, sublet, sell, hypothecate or otherwise transfer this Lease or any portion of the Leased Premises without the prior written consent of the Director of Aviation of the City of Lubbock. M. REMOVAL OF TRASH - Lessee shall provide a complete and proper arrangement for the adequate sanitary handling and disposal, away from the Airport, of all trash, garbage and other refuse resulting from its business activities at the Airport. N. ][NDEMNIFICATION AND INSURANCE - 1. Lessee shall be deemed to be an independent contractor and operator, responsible to all parties for its own acts and omissions, and Lessor shall in no way be responsible therefor. Lessee agrees to indemnify, defend and forever save the Lessor, it authorized agents, representatives and employees, harmless from and against any and all penalties, liability, annoyances, expense or loss, including attorneys' fees, resulting from claims or court actions of any nature arising directly or indirectly out of any acts or omissions of the Lessee, its agents, servants, guests, employees or business visitors under this Agreement. 2. The Lessee shall maintain insurance at all times, at its sole expense, with an insurance underwriter authorized to do business in the State of Texas and acceptable to the Lessor, against claims of public liability and property damage resulting from Lessee's business activities at the Airport. The amount of insurance coverage shall not be less than FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) for property damage as a result of any one accident or event, or less than ONE HUNDRED THOUSAND AND N0/100 DOLLARS ($100,000.00) for personal injury or death of any one person in any one accident or event, or less than THREE HUNDRED THOUSAND AND N0/100 DOLLARS ($300,000.00) for personal injury or death of two (2) or more persons in any one accident or event. Certificates of insurance or other satisfactory evidence of coverage shall be filed with the Director of Aviation of Lessor prior to entry upon the Leased Premises by the Lessee. Each policy shall name the City of Lubbock as an additional insured as its interest may appear, and shall contain a provision requiring the insurer to give the Lessor written notice of cancellation or of any material change in said policy or certificates at least thirty (30) days in advance of the effective date of such cancellation or material change. Each policy shall also contain a provision waiving the right of such insurer to subrogation. The above insurance coverage must also include Hangar Keepers Liability coverage. 3. Lessee shall also procure from a company authorized to do business in the State of Texas and maintain Hazard and Extended Coverage Insurance upon the buildings herein leased to 80% of the full insurable value thereof and shall furnish the Director of Aviation of Lessor with evidence that such coverage has been procured and is being maintained. 4. Lessee shall furnish to the Lessor satisfactory evidence that it carries Workers' Compensation Insurance in accordance with the laws of the State of Texas. Februa-y 22, 1990 Page 123 0. WAGES - Lessee shall pay, or require payment of, not less than the prevailing wage rates for each worker employed by Lessee, or by persons or firms engaged by Lessee, as required by Article 5159a, Vernon's Ann.Civ.Stat., or by ordinances enacted pursuant to said Texas statute. P. LIENS PROHIBITED - Lessee shall not bind Lessor or attempt to bind Lessor for payment of any money in connection with any construction, reconstruction, repairs, alterations or additions to the Leased Premises, and Lessee shall not permit any mechanic's, materialman's or contractor's liens to arise against the Leased Premises or -improvements thereon or any equipment, machinery and fixtures thereon belonging to the Lessor, and Lessee expressly agrees it will keep and :save the Leased Premises and the Lessor harmless from all costs and damages resulting from any lien or liens of any character created or that may be asserted through any act or thing done by the Lessee, it officers, agents or employees. In the event any mechanic's lien or other liens or orders for payment shall be filed against the Leased Premises or improvements thereon, or City -owned property located thereon, during the term hereof, Lessee shall within ten (10) days cause the same to be cancelled and discharged of record, by bond or otherwise, at the election and expense of Lessee, and shall also defend on behalf of Lessor, at Lessee's sole cost and expense, any action, suit or proceeding which may be brought thereon or for the enforcement of such liens or orders. Failure of the Lessee to comply with any requirement of this paragraph shall be cause for immediate termination of this Agreement by Lessor. �. NONDISCRIMINATION PRACTICES - Lessee, its agents and employees will not discriminate against any person or class of persons in any manner prohibited by the Federal Aviation Regulations. Lessee further agrees to comply with such enforcement procedures as the United `hates might demand that the Lessor take in order to comply with the Sponsor's Assurances. Lessee also agrees not to discriminate against any employee or applicant for employment because of race, color, sex, age, religion or national origin. Lessee further agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, sex, age, religion or national origin. Such action shall include, but not be limited to, employment, upgrading, demotions, transfers, recruitment, layoffs, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Lessee will conduct its business activities and operate its facilities in accordance with the requirements of Section 504 of the Rehabilitation Act of 1973 so as to ensure that no qualified handicapped person shall, solely by reason of his or her handicap, be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination, including discrimination in employment, under any activity of the Lessee. ARTICLE SEVEN EXPIRATION. TERMINATION A. EXPIRATION - This Lease shall expire at the end of its term and Lessee shall have no further right or interest in the land or improvements hereby demised, except as provided in Article Six. B. TERMINATION BY LESSEE - This Lease shall be subject to termination by Lessee without further liability to Lessor, after the happening of any one or more of the following events: 1. The permanent abandonment of the Airport as an air terminal. February 22, 1990 Page 1?4 2. The lawful assumption by the United States Government, or any authorized agency thereof, of the operation, control or use of the Airport, or any substantial part thereof, in such a manner as to substantially restrict Lessee from conducting business activities thereon for a period of ninety (90) days. The issuance by any court of competent jurisdiction of an injunction in any way preventing or restraining the use of the Leased Premises for a period of at least ninety (90) days or more. 4. The breach by Lessor of any of the terms, covenants or conditions of this Agreement to be kept, performed and observed by Lessor, and the failure of Lessor to remedy such breach for a period of sixty (60) days after receipt from Lessee of written notice of said breach. C. TERMINATION BY LESSOR - This Lease shall be subject to termination by Lessor, without further liability to Lessee, after the happening of ,any one or more of the following events: .1. If Lessee makes an assignment for the benefit of creditors; or files a voluntary petition of bankruptcy; or if proceedings in bankruptcy are instituted against Lessee and Lessee is thereafter adjudicated as bankrupt pursuant to such proceedings; or if a court assumes jurisdiction of Lessee and its assets pursuant to proceedings brought under the provisions of any federal reorganization act; or if a receiver for Lessee's assets is appointed; or if Lessee petitions or applies to any tribunal for the appointment of a trustee or receiver for Lessee under any bankruptcy, reorganization arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction. :2. If Lessee abandons and discontinues its business activities at the Airport. :3. If Lessee defaults in or fails to make any payments at the time and in the amounts required of Lessee under this Agreement. ►4. If Lessee fails to perform, keep and observe all of the covenants and conditions contained in this Agreement to be performed, kept and observed by Lessee. 5. If Lessee fails to abide by all applicable laws, ordinances, rules and regulations of the United States, State of Texas, City of Lubbock or Airport Board of the City of Lubbock. Lessor shall give written notice to Lessee to correct or cure any such default, failure to perform or breach and if, within thirty (30) days from the date of such notice, the default, failure to perform or breach complained of shall not have the been corrected in a manner satisfactory to Lessor„ then and in such event Lessor shall have the right, at once and without further notice to Lessee, to declare this Agreement terminated and to enter upon and take full possession of the Leased Premises and, provided further, that upon the happening of any one or more of the events enumerated in Article Seven, Section C, numbered Paragraph 1 hereof, this Agreement shall be deemed to be breached by Lessee and thereupon "ipso facto," and without entry or any other action by Lessor, this Agreement shall terminate, and be reinstated only if such involuntary bankruptcy or insolvency proceedings, petition for reorganization, trusteeship, receivership or other legal act divesting Lessee of its rights under this Agreement shall be denied, set aside, vacated or terminated in Lessee's favor within thirty (30) days from the happening of the events. Reinstatement of this Agreement is also conditioned upon Lessee paying or discharging, within ten (10) days after the final denial, vacating or February 22, 1990 Page 125 setting aside of such petition or vacating, terminating or setting aside of such appointment, any and all sums of money which may have become due under this Agreement in the interim and remain unpaid, and Lessee shall likewise fully perform and discharge all other obligations which may have accrued and become payable in the interim. The acceptance of rentals or charges by Lessor for any period or periods after a default of any of the terms, covenants or conditions herein contained and to be performed, kept or observed by Lessee shall not be deemed a waiver of any rights on the part of Lessor to cancel this Agreement for failure by Lessee to so perform, keep or observe any of the terms, covenants or conditions hereof to be performed, kept or observed. No waiver by Lessor of any of the terms of this Agreement to be kept, performed or observed by the Lessee shall be construed to be or act as a waiver by Lessor of any subsequent default by Lessee. ARTICLE EIGHT GENERAL A. TIME OF EMERGENCY - During time of war or national emergency, Lessor shall have the right to lease the landing area or any part thereof to the United States Government, and if any such lease is executed, the provisions of this instrument, insofar as they are inconsistent with provisions of the lease executed with the Government, shall be suspended. B. SPONSOR'S ASSURANCE SUBORDINATION - This Lease shall be subordinate to the provisions of any existing or future agreement between the Lessor and the United States pertaining to the operation and maintenance of the Airport, the execution of which has been or may be required as a condition precedent to the receipt or expenditure of federal funds for the development or maintenance of the Airport. `should the effect of such agreement with the United States be to take any portion of the Leased Premises or substantially destroy the commercial value thereof, Lessor shall not be held liable therefor. C. REPLACEMENT AFTER DAMAGE - Lessor and Lessee agree that in the event the Leased Premises are damaged by fire or other accidental cause during the term hereof so as to become totally or partially untenantable, Lessee will restore such Leased Premises to their former condition. D. CONFLICT OF INTEREST - Lessee acknowledges that it is informed that Texas law prohibits contracts between the City of Lubbock and its "officers" and "employees," and that the prohibition extends to officers and employees of City agencies such as City -owned utilities and certain City boards and commissions, and to contracts with any partnership, corporation or other organization in which such officers or employees have an interest. Lessee certifies that neither it nor any person having an interest in this Agreement is an officer or employee of the City of Lubbock or any of its agencies, boards or commissions. E. LANDLORD'S LIEN - Lessee hereby gives Lessor a lien upon all of its property, now or at any time hereafter placed in or upon the Leased Premises, to secure the prompt payment of the rentals and charges herein required, and Lessee hereby waives all exemptions for such property, and any portion thereof, insofar as permitted by law. F. FLIGHT OF INSPECTION - Lessor reserves the right to conduct inspection of the Leased Premises at reasonable times to ensure that fire, safety and sanitation regulations and other provisions contained in this Lease are being adhered to by the Lessee. G. HIEADINGS - Paragraph headings contained herein are for convenience in reference and are not intended to define, extend or limit the scope of any provisions of this Agreement. February 22, 1990 Page 126 H. NOTICES - Notices to the Lessor required or appropriate under this Agreement shall be deemed sufficient if in writing and mailed, registered or certified mail, postage prepaid, addressed to the Director of Aviation, Lubbock International Airport, Route 3, Box 389, Lubbock, Texas 79401. Notices to the Lessee shall be deemed sufficient if in writing and mailed, registered or certified mail, postage prepaid, addressed to the Lessee at the address for Lessee on file with the Director of Aviation of the City of Lubbock. I. ENTIRE AGREEMENT - This Agreement constitutes the entire agreement between Lessor and Lessee, and any other written or oral agreements shall not be asserted. EXECUTED this 22nd day of February, 1990. LESSOR: CITY OF LUBBOCK BY:LsL B. C. McMinn B. C. McMINN, MAYOR ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Bet^n E. Case Bern E. Case, Director of Aviation I.1M' gall'] 0MF s Harold Willard Harold Willard, Assistant City Attorney 90-49A-126-100 (32.) LESSEE: JOHN BERRY D/B/A BERRY'S ENTERPRISE BY:/s/ Johnnie R. Berry Title: Owner ATTEST: Mr. Berry has for several years and on a month -to -month basis, leased 24 hangar units on the airport's east side. Recent improvements to the ramp on that side of the airport necessitated removal of 12 of the units. Mr. Berry is requesting approval, beginning on December 1, 1989 and ending on November 30, 1992, to lease the existing units for the purpose of storing aircraft for a period of three years. The rental rate is $4,353.12 per year with annual CPI adjustments, and the Agreement requires improvements be made in order that the condi- tion of this hangar be similar to that of the one Mr. Berry owns on the west side. The Airport Board reviewed the Lease Agreement at its October 18, 1989 meeting, and recommended City Council approval. Staff recommended approval. Motion was made by Councilmember Carpenter, seconded by Mayor Pro Tem Baker to authorize Resolution #3312 as recommended by Airport Board and City Staff. Motion carried: 1 Yeas; 0 Hays. treatment costs. February 22, 1990 Page 127 RESOLUTION #3313 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 amended Contract to, be entered into by and between the City of Lubbock and each of the sip+; participating Cities of Levelland, Brownfield, O'Donnell, Slaton, Tahoka, and Lamesa related to the share of the six said participating Cities of Canadian River Municipal Water Authority water treatment costs and capital improvements, said amended Contracts with said six participating Cities to be 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 22nd day of February, 1990. ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is1 Dan A. Hawkins Dan A. Hawkins, Director of Water Utilities CONTRACTS FILED WITH RESOLUTION ls1 B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney Almost 30 years ago, the cities of Borger, Pampa, Amarillo, Plainview, Slaton, Tahoka, O'Donnell, Lamesa, Levelland, Brownfield, and Lubbock became participating members of the Canadian River Municipal Water Authority. While Borger, Pampa, Amarillo, and Plainview elected to independently construct and operate their own water treatment plants to process water from Lake Meredith, Slaton, Tahoka, O'Donnell, Lamesa, Levelland, Brownfield, and Lubbock determined that the construction, operation, and maintenance of a single treatment plant to treat their combined allocations of water would materially reduce the unit costs of treating the water. The City of Lubbock, lying near the proposed aqueduct route, expressed its willingness to construct and operate this mutually beneficial facility. A formal Agreement to construct and operate the Water Treatment Plant was reached between the City of Lubbock and each of the cities in the 1950's. According to that Agreement, each participating city's share of the construction and operation cost was to be based upon its proportional share of the total amount of water contracted by all of the participating cities. In April, 1988, each of the six cities participating with the City of Lubbock in the Water Treatment Plant made its final payment reimbursing the City of Lubbock for the cost of constructing the plant. The length of time since the execution of the original Contract between the City of Lubbock and each of these cities, Safe Drinking Water Act (SDWA) requirements, other State and Federal regulatory requirements, both current and projected, and permanent capital maintenance needs of the now 20-year-old treatment facilities have made it necessary to modify and update February 22, 1990 Page 128 the original Agreement to clarify the City's rela- tionship with the other six cities for water treatment and equitably distribute actual costs associated with upgrading and maintaining the water treatment plant. These changes include: 1. House cleaning: changed wording from future to present tense and general updating; 2. Changed plant's treatment capacity to reflect current capability; 3. Eliminated references to "fixed charges" for the construction of the plant; 4. Added a more definitive maintenance, operation, and replacement cost section to provide for equitable distribution of costs among all cities; 5. Added a section addressing each city's share of permanent capital maintenance and improvement costs; 6. Added a section addressing annual cost adjustment; 7. Added a section addressing standard billing procedures; 8. Tied the interest rate for delinquent accounts to the 30-day Treasury Bill rate; and 9. Provided for a reserve fund contribution of 2.0% of the total amount paid each month for water treatment. All six cities participated in the formulation of the final document, and the respective City Councils of each of the six cities have authorized their mayors to execute the amended Contract. Motion was made by Councilmember Maloy, seconded by Councilmember Trejo to authorize Resolution #3313, based on approval of the amended contracts by the Cities of Slaton, Tahoka, O'Donnell, Lamesa, Levelland, and Brownfield and as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A-.128-101 (33.) Consider Resolution #3314 authorizing acceptance of water and sewer improvements for Lots 1, 3, and 4, Village Center Addition. RESOLUTION #3314 RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 1, 3 AND 4, VILLAGE CENTER ADDITION. WHEREAS, the developer of Lots 1, 3 and 4, Village Center Addition has complied with the provision of the City of Lubbock Code, Chapter 28, Article IV, by providing the water and sewer improvements for said addition in accordance with paragraph 156 of said Chapter 28, and February 22, 1990 Page 129 WHEREAS, the total utility cost to the developer is $65,282.05 with the improvements constructed by Rhode Construction Company having a value of $43,016.20 as determined by the unit prices established by said Chapter 28, and $22,917.14 cash paid to the City, including adjacent line costs of $21,405.53 with The Lubbock Company, the developer, to receive a refund of $26,119�.13 in accordance with Chapter 28 of the.Code of the City of Lubbock and a refund of deposit in the amount of $651.29; 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 specifications; 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 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 $26,119.13 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $651.29. SECTION: 4. THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 22nd day of February, 1990. ATTEST: ZsZ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: ZsZ Wilford D. Watson Wilford D. Watson, Chief Water Utilities Engineer IsI B. C. McMinn B. C. MCMINN, MAYOR APPROVED AS TO FORM: Is/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney This is a routine acceptance of water and sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $65,282.05, including value of construction costs of $43,016.20, and $22,917.14 in cash paid to the City including cost of adjacent lines of $21,405.53. The Lubbock Company (the developer) will receive a refund of $26,119.13, in accordance with Chapter 28 of the City of Lubbock Code and a refund of deposit in the amount of $651.29. Staff recommended acceptance of these improvements. Motion was made by Councilmember Phillips, seconded by Councilmember Patterson to authorize Resolution #3314 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A-129-102 (35.) BID #10545--Arnett Benson sidewalks installation, and authorize same (Community Development). February 22, 1990 Page 130 RESOLUTION #3315 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 Midwest Concrete, Inc. for the Arnett Benson sidewalks installment, 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 22nd day of February, 1990. s B. C. McMinn B. C. McMINN, MAYOR ATTEST: s Rariette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: IsZ Gene Eads Gene Eads, Purchasing Manager CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK APPROVED AS TO FORM: Is/ Harold Willard Harold Willard, Assistant City Attorney THIS AGREEMENT, made and entered into this 22nd day of February, 1990 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunt❑ authorized to d❑ so, hereinafter referred to as OWNER, and Midwest Concrete, 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.. 10545 - ARNETT BENSON SIDEWALKS INSTALLMENT FOR THE AMOUNT OF $21,970.64 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. February 22, 1990 Page 131 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: Midwest Concrete, Inc. P.O. Box 3964 Lubbock, Texas 79452 90-49A-131-103 /s/ B. C. McMinn 8. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Assistant City Attorney MIDWEST CONCRETE, INC. CONTRACTOR By: ZSZ TITLE: ATTEST: Secretary Midwest Concrete, Inc. Motion was made by Councilmember Carpenter, seconded by Councilmember Patterson to authorize Resolution #3315 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. (36.) BID #10492--Crane installation at Municipal Hill, and authorize same (Building Services). RESOLUTION 03316 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 Knox, Gailey & Meador, Inc. for crane installation at Municipal Hill, 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 22nd day of February, 1990. ATTEST: s Raiette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Genie Eads Gene Eads, Purchasing Manager Zsl 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 February 22, 1990 Page 132 THIS AGREEMENT, made and entered into this 22nd day of February, 1990 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunt❑ authorized to d❑ so, hereinafter, referred to as OWNER, and Knox, Gailey & Meador, 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., 104.92 - CRANE INSTALLATION AT MUNICIPAL HILL FOR THE AMOUNT OF $49,819.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to d❑ so shall have been given to him and to substantially complete same within the time specified in the contract 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 Gerie Eads Purchasing Manager COMPLETE ADDRESS: Knox, Gailey & Meador, Inc. P.O. Box 5736 Lubbock:, Texas 79417 /s1 B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Is/ Harold Willard Assistant City Attorney KNOX, GAILEY CONTRACTOR By: /s/ TITLE: ATTEST: Secretary & MEADOR, INC. February 22, 1990 Page 123 90-49A-- 133-•104 (37.) See Resolution File #3315A 90-401A.- I33-1.05 Knox Gailey & Meador, Inc. --Bid Package A: Provide and install 2 new underhung hand -operated cranes; Alternate #I: Provide and install 2 new five and ten ton cranes at 600 Municipal Drive. Motion was made by Councilmember Carpenter, seconded by Councilmember Patterson to authorize Resolution #3316 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. BID 0541--Automatic Cathodic Protection System Water Utilities Engineering). RESOLUTION #3315A Harco Tech. Corp., Spring Motion was made by Councilmember Carpenter, seconded by Councilmember Patterson to authorize the posted low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. (38.) BID #10542--Mahon, Clapp, Landwer Party Houses reroofing, and authorize same (Parks and Recreation) . RESOLUTION #3317 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 Lydick -Hooks Roofing Company of Lubbock, Inc. for Mahon, Clapp, and Landwer Party Houses reroofing and roof repairs, 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 22nd day of February, 1990. Isj B. C. McMinn B. C. MCMINN, MAYOR ATTEST„ Zsj Rariette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Zsj Gene Eads Gene Eads, Purchasing Manager CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK APPROVED AS TO FORM: Is/ Harold Willard Harold Willard, Assistant City Attorney THIS AGREEMENT, made and entered into this 22nd day of February, 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 Lydick -Hooks Roofing Company of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. February 22, 1990 Page 134 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.. 10542 - MAHON, CLAPP AND LANDWER PARTY HOUSES REROOFING AND ROOF REPAIRS FOR THE AMOUNT OF $13,126.00 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 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 Is/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Isl Harold Willard Assistant City Attorney LYDICK-HOOKS ROOFING COMPANY OF LUBBOCK, INC. CONTRACTOR By: /s/ TITLE: ATTEST: Secretary COMPLE"fE ADDRESS: Lydick --Hooks Roofing Company of Lubbock, Inc. P.O. Box 2605 Lubbock, Texas 79408 Lydick -Hooks Roofing Co. of Lubbock, Inc. Motion was made by Councilmember Carpenter, seconded by Councilmember Patterson to authorize Resolution #3317 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. February 22, 1990 Page 135 90-49A-135-106 (39.) BID #10502-- ault circuit indicator Central Warehouse). Cummins Supply, Amarillo--150 faulted circuit indicators. Motion was made by Councilmember Carpenter, seconded by Councilmember Patterson to authorize the posted low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 90-49A•-135-107 (40.) BID 010536--Annual pricing for sand and gravel (Streets). R. E. Janes Gravel Company, Slaton--100 tons concrete sand; 300 tons 1" concrete rock; 100 tons Vealmore exposed aggregate; 6,500 tons 00 backfill gravel; 1,500 tons crushed fine screenings; 200 tons brick sand; 300 tons Grade 3 gravel; 300 tons Grade 4 gravel; 100 tons Grade 5 gravel; 200 tons Grade 6 gravel; 500 tons Grade 1/2" base course gravel; 500 tons Grade 3/4 base course gravel; 2,500 tons 1" base course gravel. Motion was made by Councilmember Carpenter, seconded by Councilmember Patterson to authorize the posted low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 90-49A-135-108 (41.) BID #10504--Planting seed (Land Application Site). Northrup King--370 bags corn Seedco Corp.--56,000 lb. Sudan sorghum grass. Motion was made by Councilmember Carpenter, seconded by Councilmember Patterson to authorize the posted low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 90-49A--135-109 (42.) BID 010529--Test bench for water meters (Water Utilities). Western Industrial Supply--1 ea. test bench for 5/8"X3/4" & 1" meters; 1 ea. test bench 1" through 2" meters; 1 ea. calibrated test tank; 1 ea. meter repair bench. Motion was made by Councilmember Carpenter, seconded by Councilmember Patterson to authorize the posted low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 90-49A-135-110 (44.) Consider three appointments to the Parks and Recreation Board. The terms of Joe Hefley, Alice Kerr, and Joe May will expire March 31, 1990. Motion was made by Councilmember Phillips, seconded by Councilmember Patterson to appoint Anna Jenkin to replace Joe Hefley and to reappoint Alice Kerr and Joe May to the Parks and Recreation Board. Motion carried: 7 Yeas; 0 Nays. 90-49A-136-111 (45.) 90-49A-- 136-112 (46.) 90-49A--136-113 (47.) 90-49A-136-114 (48.) 90-49A- 1.36-115 (12.) February 22, 1990 Page 1.3f Consider three appointments to the Zoning Board of Adjustment. The terms of Robin Parks Garry S. Creath and Mel Lisman will expire on February 26, 1990. Motion was made by Councilmember Phillips, seconded by Councilmember Trej❑ to reappoint Robin Parks, Garry S. Creath, and Mel Lisman to the Zoning Board of Adjustment. Motion carried: 7 Yeas; 0 Nays. 1990. Motion was made by Councilmember Phillips, seconded by Councilmember Carpenter to appoint Ida Alfaro to fill the unexpired term of Julia Carrillo on the Lubbock Citizens Traffic Commission. Motion carried: 7 Yeas; 0 Nays. Motion was made by Councilmember Phillips, seconded by Councilmember Patterson to appoint Greg Phea to fill the unexpired term of N. P. Holmes on the Southeast Lubbock Development Corporation. Motion carried: 7 Yeas; 0 Nays. Motion was made by Councilmember Phillips, seconded by Councilmember Trejo to appoint Sharon Bennett to fill the unexpired term of Margaret Couch on the Committee for Women. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #9338--Zone Case #2642 (4503 34th Street) -- Hold a Public Hearing to consider request of Dr. Russell D. Schroeder for zoning change from C-2 to C-2 Specific Use (for a veterinary clinic) on Lot 2, Block 2, College Heights Addition. ORDINANCE 49338 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2642; A ZONING CHANGE FROM C-2 TO C-2 SPECIFIC USE PERMIT FOR A VETERINARY CLINIC ON LOT 2, BLOCK 2, COLLEGE HEIGHTS ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Dr. Russell Schroeder appeared to present this request for a Specific Use Permit for veterinary clinic. No one appeared in opposition. Mayor McMinn closed the Hearing at 3:35 p.m. February 22, 1990 Page 137 90-49A•-137-116 (13.) Assistant City Manager Jim Bertram gave the adjacent land use relationships as follow: North - Commercial South - Duplex East - Commercial West - Commercial According to Staff memo, the request complies with both Zoning and Comprehensive Land Use Plan policy, and approval should have n❑ effect ❑n traffic since the shopping center is already developed. The Planning and Zoning Commission hearing generated no public response, and the P&Z Commission and City Staff recommended approval. Motion was made by Councilmember Carpenter, seconded by Councilmember Patterson to pass an first reading Ordinance #9338 as recommended by P&Z and City Staff. Motion carried: 7 Yeas; D Nays. ORDINANCE #9339--Zone Case #1153-J (5211 Brownfield ORDINANCE 99339 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1153-J; A ZONING CHANGE FROM C-3 SPECIFIC USE TO C-3 ZONING AND TO ALLOW A 43, SETBACK FROM STREET PROPERTY LINES ON TWO TRACTS OUT OF LOTS B AND C, SECURITY PARK DEVELOPMENT ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Benny Nixon, appeared on behalf of Bluebonnet Savings Bank, FSB, t❑ present this request. According to Staff memo, the property is currently within a Specific Use Permit that was proposed by the bank several years ago. That plan provides for the construction of two towers beside the existing structure, and those plans are now abandoned. No one appeared in opposition. Mayor McMinn closed the Hearing at 3:37 p.m. Assistant City Manager Jim Bertram gave the adjacent land use relationships as follows: North - Brownfield highway South - Single family and apartment zoning East - Commercial West - Brownfield highway and apartment zoning 90-49A138-1, 7 (14.) February 22, 1990 Page 13$ According to Staff comments, the request is in accordance with the Comprehensive Plan, and with the two proposed conditions, and is in accordance with zoning policy. With the development of the crosstown freeway, the west parcel could be affected by a future taking, but design of that project is incomplete and that process should be handled under a separate transaction. The existing schematic shows no taking from this property. Providing for this zone change and opening marketing potentials for this property does not deteriorate the public position during any future taking of right-of- way. The Planning and Zoning Commission recommended C-3 zoning with the following conditions: 1. That a Site Plan, including building elevations showing materials, color and texture shall be submitted and approved by the Planning and Zoning Commission prior to the issuance of a Building Permit; and 2. A minimum 43' front setback on the west tract (Tract 1) along Brownfield Highway, Belmont and 38th Street. The Planning and Zoning Commission and City Staff recommended approval. Motion was made by Councilmember Carpenter, seconded by Mayor Pro Tem Baker to pass on first reading Ordinance #9339, with conditions recommended by P&Z and City Staff. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #9340 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES OF THE CITY Of' LUBBOCK, TEXAS, ENTITLED "ZONING," BY AMENDING SECTION 29-13(c)(7), PERTAINING TO "AM" PERMITTED USES; SECTION 29-26(h), PERTAINING TO SIGNS PERMITTED IN "A-3" DISTRICTS; SECTION 29-26(h)(2)d, PERTAINING TO PERMITTED SIGN USES IN "A-1," "A-2," "A-3," "AM" AND "GO" DISTRICTS; SECTION 29-26(h) (5) AND SECTION 29-26(h)(5)a, PERTAINING TO FREESTANDING SIGNS IN "A-1," "A-2," "A-3," "AM" AND "GO" DISTRICTS; ADDING A NEW SECTION 29-26(h)(5)b.7, PERTAINING TO FREESTANDING SIGNS; DELETING SECTION 29-13(1)(1)i, PERTAINING TO OFF STREET PARKING; PROVIDING A PENALTY; PROVIDING A SAYINGS CLAUSE AND PROVIDING FOR PUBLICATION. According to Mr. Bertram, the Planning and Zoning Commission considered several modifications to the Zoning Code and recommended the following major changes in free standing signs for the A-1, A-2, A-3 and AM Districts: Two non -sign items are included: February 22, 1990 Page 139 1. Inserts "general" offices in the AM District. The existing Code does not provide non -medical professional offices in AM. An example would be lawyers and public accountants. The "AM" and "GO" Districts will then each allow for all styles of professional offices. 2. "Blood banks" will be deleted as a permitted use in AM. That use was transferred to the Specific Use Section several years ago. This is a clean up item. The balance of the proposed changes are related to signs in the "A" (apartment) districts. During the last several years, approvals by the Zoning Board of Adjustment and the creation of the Garden Office District have indicated a need to provide small, free- standing pedestal signs, where they are currently prohibited. Signs were included when the Garden Office District was created, and AM and GO are very close in use. In the A-1 and A-2 zones, the Zoning Board of Adjustment has adopted a policy of allowing the minimum freestanding signs for churches. Again, the reasoning behind the proposed change stems from the fact that if a small sign is not detrimental on church property, then why should the same sign create a problem for the public on a apartment complex. With reference to the actual code changes, a side -by - side analysis noting the changes was provided in back- up information. Staff recommended approval. Motion was made by Mayor Pro Tem Baker, seconded by Councilmember Patterson to pass on first reading Ordinance #9340 as recommended by P&Z and City Staff. Motion carried: 7 Yeas; U Nays. 90-49A-139-118 ( 8.) A representative of the Civic Centers Board will appear ORDINANCE #9341 AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 2 OF THE CODE OF ORDINANICES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO CIVIC CENTERS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Charley Pope, Chair of the Civic Centers Board, presented proposed Amendments to Article IV of Chapter 2 of the Code of Ordinances concerning duties of the Civic Centers Board. Staff memo indicated that several months ago, the City Council approved an Ordinance changing the terms of office for several City of Lubbock citizen advisory boards. The changes in the Code regarding the Civic Centers Board were held pending a complete review of the Civic Centers Board, the Civic Lubbock, Inc. By - Laws, and the Agreement between the City of Lubbock and Civic Lubbock, Inc. February 22, 1990 Page 140 The Auditorium/Coliseum Board, the forerunner to the Civic Centers Board, was created in 1955 with Civic Lubbock, Inc. incorporating several months later. Civic Lubbock, Inc. assumed some of the duties included in the original ordinance but the ordinance was never amended to reflect this change. The Civic Centers Board, as described in the existing ordinance, is defined as an operating board, and operating board members' terms which would necessitate two-year terms. The Civic Centers Board functions as an advisory board which would allow three-year terms and which are desired to coincide with the three-year term of Civic Lubbock, Inc. The history of the existing ordinance is as follows: Ordinance #1736, passed June 9, 1955, created an Auditorium/Coliseum operating department, established the duties and functions of the department and department head and established operating procedures and requirements for the department. The ordinance also created an Auditorium/Coliseum Board and established an operating fund. The Board's general responsibilities included the operation, control and use of the facilities, providing for attractions, operation of concessions, setting of charges, fees, admission prices, etc. All revenues were to be deposited into the operating fund and used only for the operations and maintenance of the facility. Several months later, the operating board felt that a non-profit corporation was the best vehicle to sponsor special attractions. On February 13, 1956, Council approved the Charter and Bylaws for Civic Lubbock, Inc., permitting the formulation of a non-profit corporation, and Council gave the corporation the authority to sponsor or contract for programs, attractions, entertainment, and the leasing and oper- ation of the concessions. On March 30, 1956, the Council granted a License to Civic Lubbock, Inc. to operate, manage and control the concessions and operations, and three other minor amendments have been made since that time. However, the Ordinance as it now exists does not reflect the current practice. The Ordinance defines a Civic Centers Board, an operating department, and an operating fund. The Operating Board, according to the Ordinance, is responsible for the supervision and operations of the facility, attractions, concessions, and use of the facilities. The responsibilities for concessions and attractions have been assumed by Civic Lubbock, Inc., and City Staff has been responsible for the operations and supervision of the facilities, operations and activities. The practices outlined in the Ordinance have never been practiced. Currently, the Civic Centers Board operates as an advisory board, and Civic Lubbock, Inc. operates as the Board of a non-profit corporation governing concessions and providing for attractions. Members on both these Boards serve three-year terms and are the same individuals. The meetings are posted on the same agendas and both are conducted according to the open meetings requirements, although Civic Lubbock, Inc. as a separate non-profit corporation, is not required to follow the open meetings law. Februaryy Page 14,I 22, 1990 The Civic Centers Board recommended that the Ordinance be amended to create a Civic Centers Advisory Board that would advise the City Council on rental rates, operating procedures, promotional activities, short and long-range planning, capital improvement projects, etc. Civic Lubbock, Inc., as a separate entity, would continue to function according to its By -Laws and the Agreement with the City. References to the operating department, operating fund, and duties of the department head need to be deleted, and the proposed Amendment accomplishes these needed changes. Motion was made by Councilmember Carpenter, seconded by Councilmember Patterson to pass on first reading Ordinance #9341 as recommended by Civic Centers Board and City Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A-141-�11.9 [ 9.) A representative of Civic Lubbock, Inc. will appear to present the following items: A. Proposed amendments to the By -Laws of Civic Center Lubbock, Inc. RESOLUTION #3318 RESOLUTION 3318 WHEREAS, Civic Lubbock, Inc. was incorporated as a private, non- profit corporation under the laws of the State of Texas for the purpose of fostering and promoting the presentation of wholesome educational and cultural programs, attractions and entertainments in the City of Lubbock, Texas; and WHEREAS, the By -Laws adopted by the Board of Directors of Civic Lubbock, Inc. contain a provision requiring approval by the City Council of the City of Lubbock before any amendment or change in such By -Laws shall become effective; and WHEREAS, the Board of Directors of Civic Lubbock, Inc. has voted in favor of amending said By -Laws; and WHEREAS, the City Council deems it to be in the best interest of the citizens of the City of Lubbock to approve of the proposed changes in said By -Laws as voted on by said Board of Directors; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City Council of the City of Lubbock hereby approves amending the By -Laws of Civic Lubbock, Inc. to hereafter read as follows: CIVIC LUBBOCK, INC. BY-LAWS ARTICLE I. The President of the corporation shall preside at all directors' meetings. He may, and upon demand of three (3) directors in writing addressed to the President shall, call special meetings of the directors. He shall perform all other cluties that usually pertain to the office or are delegated to him by the Board of Directors. ARTICLE II. The Vice President may, in case of the absence or disability of the President, perform the duties of the President. February 22, 1990 Page 142 ARTICLE III. The Civic Centers Director shall be secretary of the Board and shall be responsible for keeping all permanent records of the proceedings of the Board of Directors, including minutes of all Board and Committee meetings. He shall also have custody of all monies, securities, inventory and/or property and shall keep regular accounting and records of same. He shall provide the Board with monthly and annual financial and activity reports. He shall perform all other duties that usually pertain to the office of the Secretary or are delegated to him by the Board and/or Committees. He shall have the custody of the seal of the corporation and shall be an ex- officio member of the Board of Directors without vote. ARTICLE IV. The Treasurer shall be the person acting as Assistant City Manager for Financial Services, or his designated representative, of the City of Lubbock, and shall be an ex- offici❑ member of the Board of Directors without vote. He shall perform all other duties that usually pertain to the -treasurer's office or are delegated by the Board of Directors. The Treasurer shall oversee the financial operation of the corporation and shall cause audits and/or accounting to be performed as he deems necessary. He shall also cause an annual, independent audit to be performed following the end of each fiscal year. ARTICLE V. Regular meetings of the directors shall be held at least once each month unless cancelled, at such time and place as they may determine. No notice to them of each regular meeting shall be required, and it shall be the duty of each director to attend the same without notice. A majority of the Board of Directors shall constitute a quorum. ARTICLE VI. Special meetings of the directors may be called by the President upon one (1) day's notice, stating the purpose or purposes thereof, or such special meetings may be held at any time by written demand of three (3) directors. ARTICLE VII. There shall be a regular meeting of the directors annually, during the month of August, to elect a President and a Vice President, which officers shall be members of the Board of Directors for the succeeding year, and to transact such rather business as may properly be brought before it. ARTICLE VIII. The corporation shall have no capital stock and no stockholders. ARTICLE IX. The members constituting the CIVIC CENTERS ADVISORY BOARD shall also constitute the Directors of CIVIC LUBBOCK, INC. and such Board of Directors shall be composed of fifteen (15) members, each of whom shall be a resident citizen of the City of Lubbock, and one of whom shall be a representative of Texas Tech University. The Directors of said Board shall be February 22, 1990 Page 143 appointed by the City Council and shall hold their office for term of three (3) years. The terms of office of the present members of the Board of Directors of CIVIC LUBBOCK, INC. shall expire simultaneously with their current terms on the CIVIC CENTERS ADVISORY BOARD. The appointment of the representative of Texas Tech University, as hereinabove provided for, shall be recommended by the President of the University and approved by City Council. ARTICLE X. Upon the death, resignation, removal or expiration of the germ of office of any of the directors, the City Council of the City of Lubbock, Texas shall nominate and appoint a successor as a director, who shall hold his office for the unexpired term of the director he is appointed to succeed, or for the period of three (3) years when the appointment is made due to the expiration of a director's term of office; and further provided that in the event the best interests of the City of Lubbock, Texas, require the removal of any director, removal of such director shall be effected through appointment of such director's successor by unanimous vote of the City Council of the City of Lubbock, Texas. ARTICLE XI. No salary or compensation of any kind shall ever be paid to any member of the Board of Directors. ARTICLE XII. The City Manager, or his appointed r=presentative, shall be ex-officio directors without vote, any shall act only in an advisory capacity to the Corporation. ARTICLE XIII. (a) Civic Lubbock, Inc. shall prepare an annual budget statement. (b) The President or Vice President shall have the power to execute Promissory Notes or other evidences of indebtedness of the Corporation, or to execute contracts or deeds of conveyance for and in behalf of the Corporation, provided, however, that each such note, evidence of indebtedness, contract or deed shall be binding obligation of the Corporation only when executed pursuant to resolution by the Board of Directors. Such notes, evidence of indebtedness, contract or deed shall be presented to the City Council for their review and comment. All notes, contracts and deeds of conveyance must be sealed with the seal of the Corporation and attested by the Secretary of the Corporation. However, this article shall not be construed to apply to agreements and/or contracts entered iinto by the corporation to sponsor or co-sponsor events and/or attractions. ARTICLE XIV. No profit shall ever be realized by any person in the operation of this corporation. All monies coming into the Elands of the corporation above that reasonable and/or deemed necessary and/or advisable for the successful operation of the corporation, shall be dispersed in accordance with the Agreement between the City of Lubbock, and Civic Lubbock, Inc., adopted or as subsequently amended by the City Council on the 22nd day of February, 1990, by Resolution No. (Copy attached) In the event of dissolution of this corporation, all funds or assets of said corporation, after payment of all February 22, 1990 Page 1qa corporate debts, shall vest in the City of Lubbock for the purposes of promoting the educational and cultural improvements and welfare of the citizens of the City of Lubbock and surrounding areas. ARTICLE XV. The seal of the Corporation shall consist of a circle within which shall be inscribed "CIVIC LUBBOCK, INC., LUBBOCK, TEXAS." ARTICLE XVI. These By -Laws shall not be amended, supplemented or changed in any manner unless at least nine (9) members of the Board of Directors vote in favor of such amendment, supplement or change in a meeting called for that purpose; and further that such supplement, amendment or change shall not become effective nor have any force or effect whatsoever unless and until the same has been submitted for review and comment by the City Council of the City ❑f Lubbock, Texas. ARTICLE XVII. The chairmen of the sub -committees of Civic Lubbock, Inc. shall constitute an Executive Committee to transact emergency business or any function specifically designated t❑ it by the directors. Adopted this 15th day of _ February , 1990. Passed by the City Council this 22nd day of February, 1990. s B. C. McMinn B. C. McMINN, MAYOR ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED A5 TO CONTENT: APPROVED AS TO FORM: s Rita P. Harmon Isj Harold Willard Rita P. Harmon, Assistant City Manager Harold Willard, Assistant City Attorney Charley Pope, Chair of Civic Lubbock, Inc., presented proposed Amendments to Civic Lubbock, Inc. By -Laws. The By -Laws, as they currently exist, do not reflect the actual functions and/or responsibilities of the Board, Secretary, Treasurer, and the Agreement between the City and Civic Lubbock, Inc. pertaining to the concessions. Staff proposed the following changes to clarify and update these items: Article III and IV reflect changes in the duties of the Secretary and Treasurer. The roles have somewhat been reversed with the Secretary assuming many of the routine daily functions previously performed by the Treasurer with the Treasurer responsible for general oversight. The proposed amendments reflect the actual current operations. The proposed minor changes in Articles VI, VII, IX, and XII are for clarification. February 22, 1990 Page 145 90-49A-1+45-120 Changes in Article XIV delete the detailed financial arrangement included in the Agreement between the City and Civic Lubbock, Inc. Reference is made to the Agreement but the details are more appropriately included in the Agreement, not the corporate bylaws. The proposed change in Article XVI provides for Council review and comment on future bylaw changes rather than approval which is in keeping with the Council's policy regarding Civic Lubbock's budget. Motion was made by Mayor Pro Tem Baker, seconded by Councilmember Patterson to authorize Resolution #3318 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. B. Proposed revision of the Agreement between the City of Lubbock and Civic Lubbock, Inc. RESOLUTION #3319 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 Civic Lubbock, Inc., attached hereto„ 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 22nd day of February, 1990. ATTEST: s Rariette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Rit:a Harmon Rita Harmon, Assistant City Manager for Public Safety and Services AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § /s/ B. C. McMinn B. C. MCMINH, MAYOR APPROVED AS TO FORM: /sZ Harold Willard Harold Willard, Assistant City Attorney This agreement is entered into on this the 22nd day of February, 1990, by and between the City of Lubbock, a home rule municipal corporation, hereinafter referred to as City, and Civic Lubbock, Inc., a non-profit corporation existing under the laws of the State of Texas, hereinafter referred to as Corporation. WITNESSETH: WHEREAS, the City and Corporation did enter into an agreement on the 25th day of February, 1988, wherein City granted to Corporation a license for the use of the Auditorium/Coliseum and the Lubbock Memorial Civic Center; and WHEREAS, it is the desire of the City and Corporation to enter into a new agreement establishing the relationship between City and Corporation; and February 22, 1990 Page 146 WHEREAS, advances in computer technology have made it possible to provide additional and better services for the general public utilizing the above mentioned facilities; and WHEREAS, it is the desire of both City and Corporation to provide new and state of the art services to the general public who utilize the above mentioned facilities; NOW THEREFORE: BE IT RESOLVED BY THE CITY AND CORPORATION AS FOLLOWS: 1'. This agreement supersedes and takes the place of the agreement entered into between City and Corporation on the 25th day of February, 1988, and upon execution shall establish and govern the relationship between City and Corporation. 2. The City hereby grants to Corporation a license for all food, beverage and other concession sales at the Lubbock Municipal Auditorium/Coliseum and the Lubbock Memorial Civic Center and the right to use existing or future concession facilities located in, on or surrounding the above mentioned facilities. :3. Corporation agrees that for and in consideration of such license, herein granted, that Corporation shall pay to City twenty percent (20%) of the gross concession sales at the facilities hereinabove described during the term of this agreement. The twenty percent (20%) of gross concession sales shall be paid by Corporation to City on a quarterly basis with the first such payment being due on the loth day of April, 1990, and a similar payment on the same date of each succeeding quarter during the term of this agreement. -4. As additional consideration for this license Corporation agrees to pay all operational expenses associated with concession rights or sales including, but not limited to, the salaries of full or part time staff or employees engaged in concession sales. Routine maintenance of all concession ,areas included in this license shall not be considered an operational expense and shall be borne by City at no cost to Corporation. In addition, City shall, at its option, employ a food and beverage coordinator, at City's expense who shall coordinate City and Corporation activities, related to concession services and operations, under this agreement. 5. Corporation agrees to conduct an annual audit of its book of account each year during the term of this agreement. The audit shall be completed nio later than the 30th day of December, 1990, and each such date during succeeding years that this agreement remains in effect between the parties hereto. City shall be furnished with a copy of Corporation's audit annually. City reserves the right to have the City's internal auditors conduct an audit upon the book of account of Corporation on a yearly basis during the term of this agreement and Corporation agrees to make its book of account and other necessary records available for such audit. 6. If the audit presented by Corporation to City identifies a cash fund balance, after the payment of the total considerations hereinabove mentioned and excluding all expenses incurred or encumbered, the Corporation is hereby authorized to retain such fund balance as follows: (a) The first one hundred thousand dollars of such cash fund balance shall be retained by Corporation as a reserve fund for performance of its obligations and duties herein set forth. (b) Any fund balance remaining after the contribution to a reserve account as above mentioned shall be placed in a separate account entitled Major Project Reserve. February 22, 1990 Page 147 7. Corporation may use the funds deposited in the Major Project Reserve account, above mentioned, only for capital expenditures for improvements to the Auditorium/Coliseum or the Lubbock Memorial Civic Center. No fund from this account shall be spent by Corporation without the concurrence and prior approval of the City Council of the City of Lubbock. in addition, Corporation agrees to give immediate consideration to capital expenditures from this account when requested by the City Council. 8. Corporation agrees to prepare and present to the City, during the month of July for each year this agreement is in effect, a budget for the upcoming fiscal year which commences October, 1990, and each October thereafter during the term of this agreement. The Corporation shall present this budget to the City Council for said City Council information and to receive recommendation from the City Council on said budget. 9. In addition to the license heretofore granted, the City does hereby further grant to Corporation a license to operate and manage all box office operations reasonably necessary for the operation of the Municipal Auditorium/Coliseum and the Lubbock Memorial Civic Center. This license authorized the Corporation to undertake the following activities: 1. Undertake house staffing as deemed necessary by Corporation. ?.. undertake ticket sales for all events. 3. Utilize box office areas within the Municipal Auditorium/Coliseum and Lubbock Memorial Civic Center. 4. Undertake a system of computerized ticket sales for events of either facility above mentioned. Es. To allow the Corporation to establish charges for its services in the area of ticket sales and to incorporate with Lessee of the above facilities, on a per event basis, for said charges. 6. To undertake any other necessary services to implement a computerized ticketing system. 10. In consideration of the license granted in paragraph 9 above, Corporation shall use its resources in developing and implementing a computerized ticketing system and associated services for the facilities above mentioned. The Corporation in this regard shall be responsible for the following: 1. Cost of obtaining and installing such system. 2'". Cost of operating and maintaining such system. 3�. Cost of marketing of such system. 4. All other related costs except routine cleaning and building maintenance cost of the box office areas in the above mentioned facilities, which will be the responsibility of the City. 11. Corporation shall keep the City Council of the City of Lubbock fully informed as to all costs related to implementation and operation of this system and will identify operating cost and other expenses associated therewith in its annual budget submitted to the City. 12. Corporation agrees to use its best efforts to make maximum use of the facilities hereinabove mentioned so that events providing entertainment and adding to the cultural and educational quality of life of the citizens of the City will be presented. February 22, 1990 Page 148 13. In consideration of the Corporation services to be rendered under this agreement City does hereby grant to Corporation the right to use any or all of the above mentioned facilities for its business meetings and other corporate functions. Corporation will, however, be required to schedule such meetings or functions at a time mutually agreeable to it and City. 14. Corporation further agrees to pay to City, within thirty (30) days of the event, established rental rates on all events where Corporation sponsors or co-sponsors such event. 15. The term of this agreement shall run from the date first above written until cancelled by mutual agreement of the parties or if cancelled by the City by giving thirty (30) days written notice to Corporation. 16. In the event that City cancels this agreement by giving thirty (30) days written notice of its intention to so cancel, then in such event, Corporation shall nevertheless be authorized to undertake and fulfill all existing obligations and contracts necessary and essential for the orderly conclusion of Corporation's obligations and commitments. However, Corporation shall not undertake any new contracts or commitments after receipt of the notice above mentioned. .17. In the event City cancels this contract by giving thirty (30) days notice of its intent to so cancel, then in such event Corporation agrees to cooperate with City to ensure an orderly transition to ensure the orderly operation of all facilities hereinabove mentioned. ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Rii:a Harmon Rita Harmon, Assistant City Manager for Public Safety and Services CITY OF LUBBOCK /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Is/ Harold Willard Harold Willard, Assistant City Attorney CIVIC LUBBOCK, INC. Is1 Charley R. Pone President ATTEST: Is1 Van McVay,_, Secretary Mr. Pope then presented a proposed revision of the Agreement between the City and Civic Lubbock, Inc. Sections #9, #10 and #11, which were added to the Agreement, grant a License to Civic Lubbock, Inc. to obtain and operate a computerized ticketing system in Lubbock and the area. Civic Lubbock and City Staff have researched and reviewed information on this service and system for approximately five years and recommended approval. Civic Lubbock, Inc, will bear the entire cost of obtaining, operating, marketing and promoting the system and is prepared to enter into a Contract with the supplier. February 22, 1990 Page 149 90-49A--149-121 For the first full year of operation, it is estimated that the system will break even, and it is projected that within two years, a profit can be realized. For that reason, the Agreement does not include any revenues being paid to the City for the granting of the License. Civic Lubbock, Inc. is incurring all the initial capital and operating start-up costs. After two years, the revenues vs. expenses will be re- evaluated and the Agreement likely amended to reflect payment to the City for the license. Motion was made by Councilmember Patterson, seconded by Councilmember Trejo to authorize Resolution #33I9 as recommended by Staff. Motion carried: 1 Yeas; 0 Nays. C. Civic Lubbock, Inc. plans to enter into a Contract with GIS Systems, Ltd. for a computerized ticketing. system. On September 28, 1989, Civic Lubbock, Inc. presented a recommendation to the City Council seeking Council's concurrence to negotiate a Contract with GIS Systems, Ltd. to purchase a computerized ticketing system. The City Council authorized Civic Lubbock, Inc. to proceed. The Contract between Civic Lubbock, Inc. and GIS Systems, Ltd. will provide for the purchase of the hardware and license for the use of the software necessary for the selling, auditing, and control of tickets through Civic Lubbock, Inc. for events. A Central Box Office location will be established in Memphis Place Mall on 50th Street. Additional outlets at the Civic Center and Auditorium/Coliseum will be utilized on an "as needed" basis and will be staffed by Civic Lubbock, Inc. part-time personnel. Initially, the system will include eight (8) ticket selling terminals and eight (8) ticket printers with two management terminals, one at the Central Box Office location and one located at the Civic Center office. This system has the capability to network up to 128 ticket selling terminals which will allow for outlet expansion, both locally and out-of-town. All commercial ticketed events held in the Civic Center and Auditorium/Coliseum will be required to use the system, and Staff plans to encourage non-profit organizations to use the system for their ticketed events. The cost of the system is $130,000.00. In addition, Civic Lubbock, Inc. will pay $10,400 annually for software support and $6,819 per year for hardware maintenance contracts. There will also be approximately $7,000 in installation and training costs. Civic Lubbock, Inc. has received financing through Plains National Bank in the amount of $130,000. The other costs, including routine operating costs, will be covered by existing Civic Lubbock, Inc. funds and revenues generated through a ticket service charge added to the price of each ticket sold and fees charged to the promoters and lessees for handling their ticket sales. (17.) 90-49A-- 150-122 (18.) February 22, 1990 Page 150 The Agreement between the City of Lubbock and Civic Lubbock, Inc., as previously indicated, requires Civic Lubbock, Inc. to track all its expenses and revenues on this operation separately and to present a separate budget. No formal action required on this item. Hold a Public Hearing for the 1990-91 Community_ Development Block Grant Program. RESOLUTION #3320 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 Community Development Block Grant Application of 1990-91 for the year 1990 and related documents, which Application shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of February, 1990. ATTEST„ s Ranette Boyd Ranette Boyd, City Secretary APPROVE=D AS TO CONTENT: s Sa idy OM 1 etree Sandy Ogletree, Community Development Administrator APPLICATIONI FILED WITH RESOLUTION /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Rosanne Piatt Rosanne Piatt, Assistant City Attorney Mayor McMinn convened the hearing at 5:00 p.m. and explained the format to be followed. He stated that the Council would first hear the Chair of the Community Development Advisory Committee report of the CDAC public hearings and explanation of their recommendations. That would be followed by testimony from those signing to speak, and speakers would be called in the order in which they signed up. Then the hearing would be closed and Council discussion would take place and a vote would be taken. Paul Nash, Chair of the CDAC, stated that in order to solicit citizen input in developing the Annual Statement of Objectives, the Community Development Advisory Committee held three public hearings during January, 1990. These meetings were held at Mae Simmons Community Center, Central Senior Citizens Center, and the Rodgers Community Center, and approximately 75 persons attended. In addition, City departments submitted requests for further funding City projects. February 22, 1990 Page 151 Mr. Nash reported further that the Community Development Advisory Committee toured the areas for which requests were received, considered the input, and then developed recommendations to the City Council for funding the following projects: Code'Enforcement $208,635 Arnett Benson Redev. 147,400 Chatman Hill Redev. 73,700 Project Helping Hand 175,000 Residential Rehabilitation 600,000 Paint -Up Program 25,000 Land Disposition 5,000 Homestead Property Mgt. 5,000 Arnett Benson Sidewalks 51,000 Sidewalks North Overton 50,000 Administration 172,000 Field Services 253,000 Indirect Costs 100,000 Home Security 30,000 Planning Documents 4,000 Ballfield Bleacher Replacement 26,500 Butler Park Outreach Program 16,300 Butler Park Outreach Phase II 25,500 Carlisle Area Park Dev't 34,000 (In addition to funds recommended last year) Summer Satellite Program 17,000 Summer Satellite Program Phase I1 20,600 Guadalupe Neighborhood Sign 22,000 Guadalupe Parkway Neighborhood Center 25,000 Contingency Fund 95,540 TOTAL $2,182,175 Staff memo stated that the CDAC recommendation differs from the Staff recommendation on four projects:. CDAC STAFF Overton Park -Phase II$ 0 $74,600 Ballfield Bleacher Replacement 26,500 0 Guadalupe Parkway Neighborhood Center 25,000 0 Contingency Fund 95,450 72,440 Staff memo recounted a request for continuation of paving for the Chapel Hill area, and although this was not recommended for funding, one alternative was given to standard paving with curb and gutter, as providing 24' strip paving on Bates, from Mulberry to Olive. This area has eight residences, the cost would be $30,600 for strip paving rather than $6B4O00 for standard paving. Justification for strip paving in Chapel Hill is the sparse housing and little or no new construction. The memo advised that Council would need to make a finding such as this to authorize strip paving. Staff recommended that Council authorize $30,600 for strip paving in Chapel Hill and to allow further evaluation of this type of paving for sparsely developed areas. The memo also advised that at this time, official entitlements for cities have not been released by HUD, and the cities are using preliminary estimates which are based on a 4 1/2% decrease from the previous year funding. Staff received preliminary information on February 13 that the City of Lubbock's entitlement was February 22, 1990 Page 152 further reduced to $2,177,000 ($5,175 less than expected), and if the final entitlement varies from this figure, the contingency fund allocation will be adjusted. The City of Lubbock's Community Development Program is administered in accordance with the Housing and Community Development Act of 1974 as amended and with 24 CFR 570.303 of the Community Development Block Grant regulations. The Statement of Objectives has been prepared as stipulated in those regulations, and a preliminary Statement of Objectives was published in The Lubbock Avalanche Journal on February 11 which is on file with the City Secretary for review. Following the submission of the Statement of Objectives, the Community Development Staff will begin preparation of the environmental assessments and other planning activities so that the Community Development Fiscal Year will be able to start on June 1, 1990. Testimony was given by the following individuals: Owen McWhorter, Jr., Vice Chair of the Urban Renewal Board and Neighborhood Redevelopment Commission, stated this body's support for the CDAC recommendations for allocation. He said that no other housing funding sources are available for individuals qualifying for this assistance, and that 45 families received assistance from housing funds last year. David Goyette, President of the Guadalupe Parkway Neighborhood Board, reported that Parkway Center currently serves 12,000 individuals, through 2500 program enrollments. He cited the need for the new building and requested that Council consider additional help, if fundraising efforts fall short. He reported that they currently have commitments for $113,000 of the $239,185 goal. Mr. Goyette then expressed appreciation for the CDAC recommended allocation of $25,000 and urged Council approval. The Reverend David Cruz, speaking for residents in the Carlisle Addition, mentioned the 1989 Council allocation of $67,000 for construction of a park in their addition, and requested an additional $34,000 so that the project can be completed. He also pointed out that, even though water and sewer services are available to the residents of this area, only 4 are on the sewer system, and only 13 are hooked up to the water system. This is due to the inability of the residents to pay the pro rata costs for hookups. He stated that block grant money is not the answer to all the needs of Carlisle, and urged the City Council to make whatever commitment is necessary to provide service to this area. He stated that, if necessary, he will take action through the federal government to force the City to address the needs of Carlisle. Angie Gutierrez, Vice President of the Northwest Little League, expressed February 22, 1990 Page 153 appreciation for the 1989 allocation of $58,500, and pointed out that additional funds are necessary to ensure safety and upgrade conditions in the Helen Hodges Park. She requested funding to build a fence along Marshall, to remove and replace lighting on the West Ballfield, to expand the West Ballfield to a regulation size, and to refurbish the bleachers. Mayor Pro Tem Baker asked what the total dollar amount being requested is, and Mrs. Gutierrez answered that $4,000 was needed for the fence, about $36,500 for the lighting replacement, and $8,000 for bleachers, which is a total of $48,500. J.W. McCafferty, President of the Chapel Hill Neighborhood Association, requested funding for additional paving in that area, and the Reverend Kado Lang, Pastor of St. James Baptist Church, supported this request. Manuel Gonzales, resident of Carlisle, spoke of the problems with residents not being able to hook up to the sewer and water service and stated that currently, wastewater is running down the streets in some parts of Carlisle. He echoed Father Cruz' earlier testimony that most of these residents can not afford the pro rata costs. Dr. Sam Spikes, President of Overton South Neighborhood Association, listed the ongoing projects in this area and expressed appreciation to the City Council and Staff for their attention to the area. He requested removal and rebuilding of the diagonal portion of median at 16th and Avenue X into a pocket park. His estimated costs were $30,000 4 50,000, and he indicated a promise from St. Paul's Episcopal Church to provide landscaping for that area. Cecil Puryear's testimony indicated his support for allocation ❑f funding for financing basic needs of residents in the target areas. Mr. Nash then provided information regarding statements made in the previous testimonies as follows: Regarding the Hodges Park Ballfield request, Mr. Nash noted present allocations of $28,000 for redoing the concession stand, and that $28,000 was spent last year for stand and light replacements, which along with other expenditures at this location, brings the total previous allotment to $58,000. He advised that the CDAC attempts to spread funding to community needs ❑n an equitable basis, and their feeling is that many of the other ballparks in the City compare less favorably than this one. Regarding paving in the Chapel Hill area, he cited previous paving in that area, and pointed t❑ the cost per housing unit as being excessive. February 22, 1990 Page 154 Mr. Nash then called on Sandy Ogletree, Community Development Coordinator, to comment on the water/sewer tie -on questions regarding the Carlisle area. Ms. Ogletree gave the background on this issue, and stated that water lines were installed first to provide fire service to the area. She went on to say that the sewer lines installation had to wait until there was a lift station. According t❑ Ms. Ogletree, 23 houses are now hooked up to water service, and 3 or 4 to sewer. She explained that residents may choose a 3-year payout plan for pro rata charges, and said that hook-up costs are allowable costs under the emergency repair program, but that pro rata charges can not legally be funded from Community Development funds. She went on to say that the City is having to manually flush the sewer lines of those who are hooked onto to City service, and that the City is not pumping cesspools in the area because there would be no reason for the residents to hook onto city service if they could rely on the City to pump their cesspools. Mayor Pro Tem Baker ask Ms. Ogletree if there should be more money in the emergency repair program fund, and Ms. Ogletree replied that the amount in the fund is sufficient. Councilman Carpenter asked what the pro rata charges are and Ms. Ogletree said that the average pro rata for both services per household is $900. Mr. Carpenter then asked how many homes are in that area, and Ms. Ogletree said their records show 120 occupied homes and the cost to service all these would be about $108,000. Councilmember Carpenter commented that $108,000 is not an astronomical amount for the City to consider for giving, and that as long as these residents must pay pro rata fees, they won't be able to have the service. He stated his opinion that some way these needs must be taken care of and suggested a private/public partnership, state funding and CDBG funding in situations where there are owner -occupied homes. Ms. Ogletree then said that Staff is looking at options to address the problem, and one of the options currently being studied is extending the payout time. Mayor McMinn suggested that a lien could be shown against the property without accrual ❑f interest. Ms. Ogletree said Staff will continue to work on recommendations and will bring those for Council consideration at a future meeting. Mr. Nash then responded to the request of the Overton South Neighborhood Association by saying that that request had not been presented for review. Mayor Pro Tem Baker asked what the balance of the Contingency Fund is, and Ms. Ogletree cited the figure ❑f $156,000. Mr. Nash advised that every request presented to the CDAC is taken seriously, and even the ones which the CDAC cannot legally address are followed up on with City Staff. The City Council expressed appreciation to the CDAC for their good work. Mayor McMinn closed the Public Hearing at 6:34 p.m., and called for recommendations for funding allocation. February 22, 1990 Page 15.5 Councilmember Phillips stated that, in his opinion, the City can not be all things to all people and must be good stewards of its funds. He suggested that money be allocated only to build the fence requested by the Northwest Little League, and went on to say that Chapel Hill full paving should not be considered because the costs are too high, and other needs are more pressing. Councilmember Patterson requested that Council take money from the Contingency Fund balance and strip pave the area. At this point, Mr. McCafferty stated that he did not want strip paving in the area because of the drainage problems and that his request was for full paving with curb and gutter in the 3900 and 4000 blocks of Colgate and the 4000 block of Bates. He then indicated his approval of strip paving the remaining roads. Mr. McCafferty disagreed with Staff count of housing units and insisted that there are 27 units. Mayor Pro 7em Baker requested that Staff check further on this situation and report back, at which time, if Council chooses to do so, it may allocate money from contingency funds. Councilmember Carpenter then asked about redirecting the lights at Helen Hodges Ballfield, and Lee Osborn, Parks and Recreation Director, replied that this is routinely done in all the parks every year. Councilmember 7rejo indicated her preference that Council allocate $48,500 to finish Helen Hodges Park this year, and that in future years, it finish other park projects rather than addressing the needs of the parks piecemeal. She agreed to allocation of $40,000 from contingency. Motion was made by Councilmember Carpenter, seconded by Councilmember Patterson to accept the recommendations of the CDAC and to provide funding for the fence and lights at Hodges Ballfield from previous years' contingency funds, to instruct City Staff to bring back recommendations regarding request for paving in the Chapel Hill area, and to instruct City Staff to develop recommendation for handling Water/Sewer Pro Rata charges. Motion carried: 6 Yeas; O Nays. (Councilmember Maloy absent from the Council Chambers.) It was consensus of Council that the request from the Overton South Neighborhood Association for a pocket park must be reviewed by the CDAC before Council would consider it. Motion was made by Mayor Pro 7em Baker, seconded by Councilmember 7rejo to authorize Resolution #3320 as recommended by Staff. Motion carried: 6 Yeas; O Nays (Councilmember Maloy absent from the Council Chambers). February 22, 1990 Rage 156 There being no further business to come before Council, motion was made by Councilmember Patterson, seconded by Councilmember Phillips to adjourn the meeting at 6:56 p.m. Motion carried: 6 Yeas; 0 Nays (Councilmember Maloy absent from Council Chambers). . C. McMIN , MAYOR ;et ) r RaBoyd, City SecAfar READ AND APPROVED THIS 8TH DAY OF MARCH, 1990. B. C. McMINN, MAYOR 4te Boyd, City Sec a "MICE NOTICE Is hereby given that a public hearing wlIt be held an Feb ruary 22. 19" In the City Council Chambers at 1625 13M Street, Lub. bock, Te"L at 3:20 P.M. to ranitd- er the appllcetion 01 Texiand Fe- Ir**um for an Oil and Gas OrlI11ng Permit located; In Section 77, DIM* A, Lubb*Ck County, Texas, the well focalion is proposed appreximatety 2100 feet south and 467 fiat west of the north• east corner. The wall site for Nbrih Lope Unit I1 Is soulh of Loop 249, and west of Earth Quirt, Staratie is proposed et a yraytausly approved tank baltery. t For additional Information. wMaet it Randy Henson, 761-21(M R-01 R-351 )F TEXAS LUBBOCK trances Hernandez a No ry Public in and for Lubbock County, Texas on this day neared a CCoun Manager of the Southwestern Newspa- tion, publishers of the Lubbock Avalanche -Journal -- Morning. Evening and Sunday, who luly sworn did depose and say that said newspaper has been published continuously for more weeks prior to the first infe iipnOof this Leal !Notice No. lido!! �e33 at Lubbock County. Texas and the attached print- - Notice is a true co y off original and was printed in the Lubbock 1rnal on the followingdates: Feb. g+ iAb words @ .46 0 7.84 /_ 70 Account ger LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 7th day of FORM 58-10 1. �•� i �. r!', _: .'Vi7rZ uF March 19 90 ut Ae1 UAM MOTIVE OF PUBLICHEARING NOTICE I} rOffitry 91wa'"at rjlg City council resit bold a p0tie Hearing on Thursday. Feld um, 22, 19WL at 3:30 P.NI., In the CiIY Cdun- �1 1 R— 3 � 2 cil a10 consideret„e Lubbock, Texas recommgtdatlons W ltle Planning TEXAS and Zoning Commission that toM tag be chaagad on certain pr4bper- I] B B OC K In Lubbock. Texas.. trite►• Ties t rance5 Hernandez -led Council on such rec, the Cl,IIY Council will act on such rx- Account a Nota Public in and for Lubbock Count Texas on this da �y y. y urnroandatiens. Thefcdkwing mra red u i , Manager of the Southwestern Newspa- ZONF_ CASE NO.26u: Request or publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who Russell O. Schroeder for toning from C-2 00 C-?,specific use sworn did depose and say that said newspaper has been published continuously for more Change [for a veterinary climct an Lot t Legal Notice Block 7, College Heights Addition eeks prior to the first insertion f this __ - --- -- talg3SsfhStreet) . No. OG U + at Lubbock Countv. Texas and the attached print - ZONE CASE NO. IIW: Rgquesl Legal Notice Benny Nixon (jar Bluebonnet •-- •••—• is a true cap of the original and was printed in the bbock y nno of Sayings Bank, pSB) fU Beor zoning ton the following dates: rom ca a spe43, r 199 Feb.�, and to setback I and to allow a 4' aeTback from allow orris @ • 46 = �95. 32 street Property II— oa two tracts out at Lots B and C, StY Park Development Addition ion[SY11 �I Brownfield Highway 1. NOTICEDFFQ CITY COL NC IL HEARING } �,�•„ `�1�?"•�i •i r' L ,, • NOTICE is hereby given 10 811 inn int anager N { ,r „ ` ... �`�• " terested persons as Pi.V;ded „Y = laws that The City Council will hold Thursday. ANCHE-JOURNAL ••- -•II Ail Public Hearing on February 22, 1"0, at 330 ers PA . In S a Corporation p p p the City Council Chambers. 16'2.i 13th ,street, Lubbock, Texas. to consider The recommendations of the PldnnIRS anti ]aping CommlS- slon That jhe Z0n1Ing Ordinance 7Q61 be amended to amend Sections of orn to before me this 7th day of MArch 19 90 said Zoning Ordinance as do- s scribed balow; and, at which time and place bit Interested pfrsaIts wilt be given an epporfuni}Y To be 111!!! heard. after wfilch hearing. The City Council will defara wheth- er the Zoning Ordinance will be amended In accordance with such , recammendafion: 79.13tc 1 OlfiCes' general and prolesalanal. Na recall sates of merchandise SECOAD READING ORDINANCES ORDINANCE NO. 9377 AN ORDINANCE AMEND- ING THE CODE OF -ORDI- NANCES OF THE CITY OF LUB- BOCK BY ADDING THERETO A NEW SECTION TO BE DESSG- NATED SECTION 2+a 50 AS TO AMEND THE CITY'$ OFFICIAL STREET •NAMING MAP TO DES- IGNATE "INTERSTATE 77" IN THE CITY OF LUBBOCK AS HEREINAFTER SET FORTH M THE BODY OF THIS ORDI- NANCE: PROVIDING FOR PUJB- LICATION AND EFFECTIVE DATE OF THIS ORDINANCE. ORDINANCE NO.9333 AN ORDINANCE ABANDON- ING AND CLOSING A TWENTY - FOOT UNDERGROUND UTILITY EASEMENT LOCATED IN SEC- TION 1, BLOCK D-3, LUB;BOCK COUNTY, TEXAS. AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDI- NANCE; DIRECTING THE CITY ENGINEER TO MARK THE OF- FICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS ,CLAUSE ; CLAUSE; AND PROVIDING FOR PUBLICATION. R-368 R- 3b V F TEXAS ,UBBOCK rrSnCg& Rornandai a Notary Public in and For Lubbock County, Texas on this day pared - lal.& _A10 1 1tA c counI_MAnaRa r - of the Southwestern Newspa- on, publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who ly sworn did depose and say that said newspaper has been published continuously for more weeks prior to the first insertion of this leeifIt ha tirit No. at Lubbock County. Texas and the attached print - Legal Notice is a true copy of the original and was printed ' n the Lubbock nal on the following dates: Y 9119.60 i .ANCHE-JOURNAL wspapers Corporation ■° `n FRANCES HERHANDU Not@iy PubItr, Slate of Texas a a 61y Commission EKoires 7-5 91 4' !F ❑i It Subscribed and sworn to before me this 241 day of March , lg 90 FORM 58-10