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HomeMy WebLinkAboutMinutes - City Council - Regular - 3/8/1990157 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING MARCH 8, 1990 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 8th day, ❑f March, 1990 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 10:00 A.M. Present: Flayor B. C. McMinn, Mayor Pro Tem Joan Baker, Councilmember T. J. Patterson, Councilmember Gary Phillips, Councilmember Bill Maloy, Councilmember George Carpenter, Councilmember Maggie Trejo, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr., and City Secretary Ranette Boyd. Mayor McMinn called the meeting to order at 10:00 A.M. i.) The invocation was given by Assistant City Manager Rita Harmon. ( 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. ( 3.) Motion was made by Councilmember Trejo, seconded by Councilmember Patterson to approve the Minutes of the February 22, 1990 Regular City Council meeting as written. Motion carried: 7 Yeas; 0 Nays. ( 4.) Board Appointments 90-49A.-157-1,93 ( 5.) ORDINANCE #9338--Zone Case #2642 (4503 34th Street)--_ ORDINANCE #9338 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. Motion was made by Councilmember Phillips, seconded by Councilmember Trejo to pass on second and final reading Ordinance #9338 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A--157-124 6.) ORDINANCE #9339--Zane Case #1153-J (5211 Brownfield Highway) --Request of Benny Nixon (for Bluebonnet Savings Bank, FSB) for zoning change from C-3 Specific Use to C-3, and to allow a 43' setback from street property lines on two tracts out of Lots B and C. Security Park Development Addition. March 8, 1990 Page 158 ORDINANCE #9339 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. 90-49A.-158-125 ( 7.) Motion was made by Councilmember Phillips, seconded by Councilmember Trejo to pass on second and final reading Ordinance #9339 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Zoning Districts. 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 29-25(h), PERTAINING TO SIGNS PERMITTED IN "A-3" DISTRICTS; SECTION 29-25(h) (2)d, PERTAINING TO PERMITTED SIGN USES IN "A-1," "A-2," "A-3," "AM" AND "GO" DISTRICTS; SECTION 29-25(h) (5) AND SECTION 29-25(h)(5)a, PERTAINING TO FREESTANDING SIGNS IN "A-11P" "A-2," "A-3," "AM" AND "GO" DISTRICTS; ADDING A NEW SECTION 29-25(h)(5)b.7, PERTAINING TO FREESTANDING SIGNS; DELETING SECTION 29-13(l)(I)i, PERTAINING TO OFF STREET PARKING; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Phillips, seconded by Councilmember Trejo to pass on second and final reading Ordinance #9340 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A-158-125 ( 8.) ORDINANCE #9341--Amending Article IV of Chapter 2 of the Code of -Ordinances _concerning the duties of the Civic Centers Board. ORDINANCE #9341 AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO CIVIC CENTERS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Phillips, seconded by Councilmember Trejo to pass on second and final reading Ordinance #9341 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A-158-127 { 9.) ORDINANCE #9335--Amending Section 27 (Vehicles for Hire) of the Code of Ordinances to increase reguirements 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. March 8, 1990 Page 159 90-49A-159-128 (10.) Motion was made by Councilmember Trejo Ordinance #9335 as carried: 7 Yeas; 0 RESOLUTION #3321 Councilmember Phillips, to pass on second and recommended by Staff. Nays. 1990 ASSESSMENT PAVING PROGRAM seconded by final reading Motion WHEREAS, the City Council of the City of Lubbock by Resolution No. 3259 passed on December 14, 1989, in regular session of said City Council declare; a necessity for and ordered the improvement of those certain streets, highways, and alleys or potions thereof in the City of Lubbock, Lubbock County, Texas, as more particularly described hereafter, by excavating, grading and paving the same, and by the construction of drainage facilities therein and by the construction of curbs and gutters wherein curbs and gutters are not now in place, and directing the City Engineer to prepare plans and specifications for said improvements; and WHEREAS, the plans and specifications for the improvements of said highways, streets and alleys have now been duly approved by the City Council of the City of Lubbock, Lubbock County, Texas; and WHEREAS, it appears to the City Council of the City of Lubbock, Lubbock County, Texas, to be necessary in the public interest to make the improvements herein designated on those certain highways, public streets and alleys or portions thereof; NOW THEREFORE: :SECTION 1. THAT improving the hereinafter described highways, streets and alleys or portions thereof, located within the City of Lubbock by excavating, grading and paving the surface thereof and the construction of drainage facilities therein as well as the necessary curbs and gutters, which are not now in place, be and are hereby found to be a necessity. SECTION 2. THAT the cost of making such improvements be partly paid for by the City of Lubbock and partly by the owners of property abutting upon the hereinafter described highway, street or streets and alleys or portions thereof which are hereby ordered to be improved, and the owners of such property as a personal liability after public hearing, all in accordance with and as required by Article 1105b, of the Revised Civil Statutes of Texas as currently amended. SECTION 3. THAT the portions of streets and alleys which improvements are proposed to be constructed and the abutting property proposed to be assessed for said improvements designated and defined by Unit and Sub -Unit are as follows: UNIT AND SUB -UNIT ALLEYS (10' WIDE) A-451-07 The alley between 51st Street and 52nd Drive and between Louisville Drive and Kenosha Drive UNIT AND SUB -UNIT STREET (85' WIDE) FROM TO 2240-80 34th Street West Loop 289 Milwaukee Ave. SECTION 4. THAT the City Secretary be and is hereby authorized and directed to prepare a certified copy of this Resolution and to record or cause same to be recorded in the Real Property Records of Lubbock County, Texas. '.SECTION 5. THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 8th day of March, 1990. ATTEST: Is/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Zsl Lai^ry I. Hertel Larry f}. Hertel, City Engineer 90-49A--160-129 March 8, 1990 Page 160 Ls1 B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: IsZ J. Worth Full.ingim J. Worth Fullingim, Assistant City Attorney This Resolution, which is the third in a series of five Resolutions and one Ordinance used in levying paving assessments, declares the necessity for these improvements and indicates that a portion of the cost will be paid for by those whose property abutts the improvements. A certified copy of this Resolution will be recorded in the Real Property Records of Lubbock County as an alert that an assessment will be forthcoming. Staff recommended approval. Motion was made by Councilmember Phillips, seconded by Councilmember Trejo to authorize Resolution #3321 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Consider Resolution #3322 authorizing the Mayor to execute a Contract between the City of Lubbock and CenterCorp of Lubbock for streetsca a designs for Broadway. RESOLUTION #3322 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 Lubbock Centercorp, Inc., attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 8th day of March, 1990. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST:. Is1 Raiette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: s Jim Bertram /s/ John C. Ross, Jr, Jim Bertram, Assistant City Manager John C. Ross, Jr. for Development Services City Attorney March 8, 1990 Page 161 STATE OF TEXAS COUNTY OF LUBBOCK This agreement entered into by and between the City of Lubbock hereinafter called "CITY" and Lubbock Centercorp, Inc., a non-profit corporation of the State of Texas, hereinafter called "CENTERCORP." WITNESSETH: WHEREAS, the City finds that Broadway Street is a major transportation link within the City of Lubbock; and WHEREAS, Broadway Street runs east and west and provides a major transportation link and a unifying visual link between Texas Tech University, Downtown business district and East Lubbock; and WHEREAS, it is in the best interest of the citizens of the City of Lubbock to update and maintain Broadway Street as a major gateway between east and west Lubbock; and WHEREAS, the City finds that encouraging public and private improvements of this major transportation artery is a public purpose; and WHEREAS, Centercorp has proposed to City that Centercorp undertake a study of how Broadway Street may be improved to further stimulate commerce between Texas Tech University, Downtown business district and east Lubbock; and WHEREAS, the City finds that this study will aid and facilitate the public purpose aforementioned; and WHEREAS, the City finds Centercorp possesses all the necessary expertise to successfully undertake the abovementioned study; NOW THEREFORE, the parties do agree as follows: I. Centercorp will, upon execution of this agreement, undertake a study of Broadway Street for the purpose of determining how best to improve this major transportation link to'facilitate commerce between Texas Tech University, Downtown Lubbock and east Lubbock. ?.. Centercorp study shall include the following scope of services: a. Development of a consistent streetscape plan and sidewalk development from University Avenue to Quirt Avenue. Additionally, options for future extension of the project in east Lubbock will be presented. b. Presentation of ideas for gateway entrances featured at Avenue Q and Broadway, and to develop cost estimates of same for funding purposes. C. Establish a selected street light fixture, lighting plan, and street furniture for the entire length of Broadway from University Avenue to Quirt Avenue. C. Establish a selected tree type, and evergreen and flowering shrubbery types for use in public and private redevelopment projects along the Broadway Corridor. 3. Centercorp agrees that it will complete the study above referred to within six months of the date of execution of this agreement at which time this agreement will terminate. 4. Centercorp further agrees to deliver to City two copies of the completed study upon termination of this agreement. March 8, 1990 Page 162 5. Centercorp further agrees to keep the City Council advised of the progress of this study and to promptly respond to all inquiries made by City concerning same. 6. During the existence of this agreement the City shall have the right to have its internal auditor audit the book and records of Centercorp. iF. Centercorp in discharging its obligations under this agreement shall be an independent contractor and not an agent of City. 8. In consideration of Centercorp services to be provided hereunder City agrees to pay to Centercorp the toal sum of Nine Thousand Five Hundred Dollars ($9,500). This sum shall be paid to Centercorp on a monthly basis upon receipt by City of a detailed statement showing the services rendered and all cost associated with such service. Centercorp further, agrees to submit all invoices paid by it during any monthly billing to support its cost. ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Jim Bertram Jim Bertram, Assistant City Manager for Development Services ATTEST: s Torri C. Nichols Tom C. Nichols CITY OF LUBBOCK Isj B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Isj John C. Ross, Jr. John C. Ross, Jr., City Attorney LUBBOCK CENTERCORP, INC. Is1 Jim R. Shearer JIM R. SHEARER, EXECUTIVE DIRECTOR This Contract with Centercorp of Lubbock for streetscape designs for Broadway (from Quirt Avenue to University Avenue), in the amount of $9,500, will be for a 6-month period and will result in recommendations for tree planting, lighting, street furniture, street cross section alternatives, and a gateway project at Avenue Q and Broadway. Staff recommended approval. Motion was made by Councilmember Maloy, seconded by Councilmember Patterson to authorize Resolution #3322 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A-162-130 (12.) Consider the -price and conditions of sale of Parcel Numbers 33500-9-210 S. 33' and 33500-9-220 N. 30' at 121 N. Avenue L in the Guadalupe Urban Renewal Area.. This is a routine sale of property by the Urban Renewal Agency to Achievement Homes, Inc. (Ron Lubowicz, President) for $1,580 to be redeveloped as a single- family residence, and is properly zoned. This sale was submitted according to the Marketing Plan for the March 8, 1990 Page 163 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. Staff recommended approval. Motion was made by Councilmember Patterson, seconded by Councilmember Carpenter to accept price and conditions of sale of Parcel Numbers 33500-9-210 (S. 33') and 33500-9-220 (N. 30') at 121 N. Avenue L in the Guadalupe Urban Renewal Area as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A•-163-•131 (13.) This is a routine sale of property by the Urban Renewal Agency to Achievement Homes, Inc. (Ron Lubowicz, President) for $320 to be redeveloped as a single- family residence, and is properly zoned. This sale was 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. Staff recommended approval. Motion was made by Councilmember Patterson, seconded by Councilmember Carpenter to accept price and conditions of sale of Parcel Number 33500-16-20 at 1021 Ist Place in the Guadalupe Urban Renewal Area as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A-163-132 (14.) Consider the price and conditions of sale of Parcel Numbers 92600-6-11, 92600-6-12_and 92600-6-13_(S.. 5.85') at 206 N. Avenue P in the Guadalupe Urban Renewal Area. 90-49A-163=133 (15.) This is a routine sale of property by the Urban Renewal Agency to Buster Lester (dba B & L Homes) for $300, to be redeveloped as a single-family residence, and is properly zoned. This proposed sale was submitted according to the Marketing Plan for the Guadalupe Area adopted by the Urban Renewal Board of Commissioners on October 17, 1989. Staff recommended approval. Motion was made by Councilmember Patterson, seconded by Councilmember Carpenter to accept price and conditions of sale of Parcel Numbers 92600-6-I1, 92600-6-12 and 92600-6-13 (S. 6.85') at 206 N. Avenue P in the Guadalupe Urban Renewal Area 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 (dba Key Construction Company) for $300 to be redeveloped as a single-family residence, and is properly zoned. The structure is a custom-built home for a family being relocated from another site in the Chatman Hill Area. This proposed March 8, 1990 Page 164 sale was submitted according to the Marketing Plan for the Chatman Hill Area adopted by the Urban Renewal Board of Commissioners on August 15, 1989 and is in conjunction with the Joint Venture for Affordable Housing in the Guadalupe Area approved by the City Council on March 24, 1988. Staff recommended approval. Motion was made by Councilmember Patterson, seconded by Councilmember Carpenter to accept price and conditions of sale of Parcel Number 93440-10-6 at 2511 Birch in the Chatman Hill Urban Renewal Area as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A-164-134 (16.) Consider Resolution #3323 authorizing the Mayor to sign Amendment #3 to Grant 3-48-D138-06 at Lubbock International Airport for final payment of a crash truck. � � RESOLUTION #3323 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 Amendment No. 3 to a Grant Agreement between the City and the Federal Aviation Adminis- tration for Project No. 3-48-0138-06, 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 8th day of March, 1990. ATTEST: s anette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /5/ Be -n E. Case Bern E. Case, Director �ofAviation AMENDMENT NO. 3 FILED WITH RESOLUTION Is1 B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Is1 Harold Willard Harold Willard, Assistant City Attorney The original Amendment #3 executed in September, 1989, was intended to increase the Grant from $2,913,066 to $2,933,902, which included runway joint seal, rapid intervention vehicle and a maintenance building, for final payment on the crash truck purchased in this grant. The executed Amendment contained an error, stating the amount as $2,922,902 rather than $2,933,902. The revised Amendment #3 corrects the error and specifies the final grant amount of $2,933,902.80. Staff recommended approval. Motion was made by Councilmember Carpenter, seconded by Councilmember Phillips to authorize Resolution #3323 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. March 8, 1990 Page165 90-49A-165-135 (17.) RESOLUTION #3324 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a grant, application filed by the City of Lubbock to assist South Plains Regional Narcotics Task Force to continue a regional effort to enhance local law enforcement capabilities in curbing narcotics trafficking in a 15 county region of the South Plains, 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 8th day of March, 1990. ATTEST„ s Ranette Boyd Ranette Boyu, City Secretary APPROVED AS TO CONTENT: s Ca7^rol G . Bartley Carrol G. Bartley, Chief of Police GRANT APPLICATION FILED WITH RESOLUTION Is1 B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Is/ Harold Willard Harold Willard, Assistant City Attorney This grant application is in conjunction with the Governor's Anti -Drug Abuse Program. The 52 law enforcement agencies represented in the South Plains region cover some 13,000 square miles and are respon- sible to approximately 376,000 people located in 15 counties. Since January, 1988, the Task Force has provided investigative capabilities through four Lubbock Police officers who operate on a call -response basis under authority of Interlocal Mutual Aid Agreements. To assure compliance with the requirements of the program, each participating agency must sign an Interlocal Agreement with the City of Lubbock. Currently, nine counties and ten municipalities are under Contract with the Task Force, but approximately 99% of task force investigations have been within the City of Lubbock. Awards for this Grant have been set for June 1, 1990. The total request for funding is $289,671; the City's contribution will be $71,292 (25% of the total grant award). Each participating agency will now be responsible for contributing its share of the cash match. The application reflects a "worst case scenario" in which Lubbock was the only participating agency; however, in that event, it is doubtful that the grant would be approved for funding through the Criminal Justice Division. 90-49A-.4166-136 (18.) March 8, 1990 Page166 Staff recommended approval. Motion was made by Councilmember Patterson, seconded by Councilmember Maloy to authorize Resolution 43324 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. RESOLUTION 43325 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 Grant Application entitled Major Crime Investigation Unit for FY 90-91 which will provide funding for two police investigators who will be working major crimes which occur in high crime rate areas, 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 8th day of March, 1990. ATTEST: /s/ Rarie d RanettE! Boyd, City Secretary APPROVED AS TO CONTENT: s Carol G. Bartley Carrol G. Bartley, Chief of Police GRANT APPLICATION FILED WITH RESOLUTION s B._C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Is/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney This grant proposal to the Criminal Justice Division includes funding for the fifth year of the Grant Contract which will constitute a 20% contribution. This Program will consist of two police investigators who will be working 100% of their assigned duty on follow-up investigation of major crimes which occur in the specified high crime rate areas. The total cost for the fiscal year is $78,956, with the City share amounting to $62,592. The Program will allow for a more concentrated follow- up investigation effort to supplement increased patrol activities in high crime rate areas. Staff recommended approval. Motion was made by Councilmember Patterson, seconded by Councilmember Maloy to authorize Resolution #3325 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. March 8, 1990 Page 167 90-49A-167-137 (19.) Consider Ordinance #9342 establishing additional positions in the Police_ Department.. ORDINANCE #9342 AN ORDINANCE ESTABLISHING ONE ADDITIONAL CLASSIFIED POSITION IN THE POLICE DEPARTMENT OF THE CITY OF LUBBOCK, TEXAS, OF THE RANK AND TITLE OF "ASSISTANT POLICE CHIEF," THREE ADDITIONAL CLASSIFIED POSITIONS IN THE POLICE DEPARTMENT OF THE CITY OF LUBBOCK, TEXAS, OF THE RANK AND TITLE OF "POLICE SERGEANT," AND ONE ADDITIONAL CLASSIFIED POSITION IN THE POLICE DEPARTMENT OF THE CITY OF LUBBOCK, TEXAS, OF THE RANK AND TITLE OF "POLICE CORPORAL;" DIRECTING THE CITY MANAGER OF THE CITY OF LUBBOCK, TEXAS, TO MAKE CHANGES IN THE APPROVED BUDGET OF THE CITY FOR FISCAL YEAR 1989-90 TO HEREAFTER REFLECT THE CREATION OF SUCH ADDITIONAL POSITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 90-49A--1.67-138 (20.) This ordinance will increase the number of civil service positions by the following: - Assistant Police Chief - Police Sergeants - Police Corporal Approval of this Ordinance is the first step in imple- menting the staffing changes associated with the CRESAP report. Most of these changes can be made administra- tively since they are limited to shifting of staffing resources throughout the division. However; new positions, according to civil service law, must be created by Ordinance. The duties of the new Assistant Police Chief position will be to oversee the Investigations Division. The other two Assistant Chief positions will supervise the Patrol Division and the Administration Division. Staff is currently developing an overall implemen- tation schedule that will address each of the CRESAP recommendations and provide a status report. Motion was made by Councilmember Carpenter, seconded by Councilmember Maloy to pass on first reading Ordinance #9342 as recommended by Staff. Motion carried: 7 Yeas; D Nays. extension to Lake Alan Henry. RESOLUTION #3326 WHEREAS, the City of Lubbock and Garza County have been requested to accept the terms of Minute Order No. 89821, dated January 30, 1990, passed by State Department of Highways and Public Transportation Commission concerning the rehabilitation and extension of Farm To Market Road 2458 east to Lake Alan Henry; and WHEREAS, the City Council of the City of Lubbock finds and determines that the acceptance of the terms of said Minute Order No. 89821 is in the best interest of the public health, safety, and welfare of the City of Lubbock; NOW THEREFORE: March 8, 1990 Page 168 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City of Lubbock accepts the terms of said Minute Order No. 89821, a true and correct copy of which is attached to and made a part of this Resolution. SECTION 2. THAT the City of Lubbock has previously purchased approximately 26 acres of land, which will be available to convey to the State of Texas as right-of-way for the extension of said Farm To Market Road 2458 pursuant to said Minute Order No. 89821. Passed by the City Council this 8th day of March, 1990. rsj B. C. McMinn__ B. C. McMINN, MAYOR ATTEST: /s/ Rarleet ao d Ranette Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: s Wilford D. Watson Isj J. Worth Fullingim Wilford D. Watson, Chief Engineer J. Worth Fullingim, Water Utilities Assistant City Attorney STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION MINUTE ORDER Garza and Lubbock County District No. Lubbock (5) WHEREAS, GARZA COUNTY on FARM TO MARKET ROAD 2458 and new location from U.S. Highway 84 east to Lake Alan Henry, a distance of approximately 6.1 miles, local officials have requested the rehabilitation of this farm to market road and the designation and construction of an extension; and WHEREAS, this project is being requested in order to provide access to a Municipal Water Reservoir in Garza County east of Farm to Market Road 2458 that is being built by the City of Lubbock; NOW, THEREFORE, IT IS ORDERED that the Engineer -Director is hereby directed to tender the following proposal to Garza County and the City of Lubbock: Provided Garza County and the City of Lubbock will: 1. Provide one hundred percent of the right of way clear of obstructions and free of cost to the State with acquisition procedures to be in accordance with policies of the State Department of Highways and Public Transportation and with applicable Federal and State laws governing the acquisition policies for acquiring real property. 2. Provide one hundred percent of the cost of all utility adjustments as may be required in accordance with policies of the State Department of Highways and Public Transportation. The State Department of Highways and Public Transportation will: 1. Designate a Farm to Market Road. 2. Provide funding for construction. March 8, 1990 Page IF-9 Upon acceptance of the provisions of the City ❑f Lubbock, IT IS FURTHER ORDERED from 2.5 miles east of U.S. Highway 84 east hereby designed a part of the State Highway ROAD; and this Order by Garza County and that the limits on new location t❑ Lake Alan Henry be and are System as a FARM TO MARKET Upon acceptance of the provisions of this Order by Garza County and the City ❑f Lubbock, IT IS FURTHER ORDERED that the Engineer -Director is hereby authiorized t❑ proceed in the most feasible and economical manner with project development t❑ include any necessary agreements, right of way acquisition, utility adjustments, relocation assistance and construction at an estimated cost t❑ the State of $3,100,000, which will be funded from underruins in the 1989 and 1990 District Discretionary Programs. This Order shall become operative upon acceptance by Garza County and the City of Lubbock; and if not accepted within 90 days ❑f the date hereof, the action herein contained shall be automatically canceled. Submitted by: (Title) Administrative Aide Engineer -Director 90-49A-.169-139 (21.) Examined and recommended by: Approved: Deputy Director Minute Number: 89821 Date Passed: January 30, 1990 This Minute Order describes the State Highway Department's proposal for their extension ❑f FM 2458 t❑ the Lake Alan Henry public access site. The City's responsibility for the project would be to provide a portion of the necessary right-of-way clear of obstructions and free ❑f cost to the State. The City has purchased a total ❑f 26.27 acres of property at a cost of $21,016 which will be used as right-of-way for the project. The State estimated their cost ❑n the 6.1 mile project to be $3,100,000 and that bids would be taken in February, 1991. The City will need to send a certified copy of the Resolution adopting the Minute Order passed by the City Council to the District Engineer's office before April 30, 1990. Staff recommended approval of this item. Motion was made by Councilmember Trejo, seconded by Mayor Pro Tem Baker t❑ authorize Resolution #3326 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. March 8, 1990 Page 1.70 ORDINANCE #9343 AN ORDINANCE GRANTING TO SPPL, INC., A TEXAS CORPORATION, THE RIGHT, PRIVILEGE AND FRANCHISE TO CONDUCT WITHIN THE CITY OF LUBBOCK, TEXAS, A COMMUNICATIONS BUSINESS AND TO ENTER UPON, ERECT, CONSTRUCT, MAINTAIN, EXTEND, REPAIR, REPLACE AND REMOVE IN, UNDER, UPON, WITHIN, OVER, ABOVE, ACROSS AND ALONG ANY AND�ALL OF THE PRESENT AND FUTURE PUBLIC ROADS, HIGH- WAYS, STREETS, LANES AND ALLEYS OF THE CITY OF LUBBOCK, A SYSTEM OF POLES, ANCHORS, CABLES, WIRES, MANHOLES, CONDUITS, AND OTHER PLANT CONSTRUCTION AND APPURTENANCES NECESSARY OR PROPER FOR THE BUSINESS OF FURNISHING COMMUNICATION AND TELEPHONE SERVICES INTO, IN, WITHIN, FROM, ACROSS, AND THROUGH I THE CITY OF LUBBOCK, AS NOW EXISTING, OR AS SAID CITY LIMITS MAY HEREAFTER BE EXTENDED, AND GRANTING SPPL, INC., ITS SUCCESSORS AND ASSIGNS, THE AUTHORITY TO USE SUCH FOR THE PURPOSE OF FURNISHING COMMUNICATION AND TELEPHONE SERVICES TO THE INHABITANTS OF THE CITY, OR ANY OTHER PERSON OR PERSONS, FIRMS OR CORPORATIONS WITHIN THE CITY, WHICH IT IS PERMITTED TO SERVE BY FEDERAL AND STATE LAW; PROVIDING THAT THIS FRANCHISE SHALL BE EFFECTIVE FOR A PERIOD OF FIVE (5) YEARS COMMENCING UPON AND EXTENDING FROM THE EFFECTIVE DATE OF THIS ORDINANCE AFTER FINAL PASSAGE HEREOF; PROVIDING FOR THE TEMPORARY REMOVAL, RAISING OR LOWERING BY COMPANY OF ITS WIRES AND OTHER APPURTENANCES; PROVIDING FOR THE RIGHT TO, AND CONDITION OF, THE OPENING OF PAVEMENTS AND SIDEWALKS BY COMPANY; RETAINING ALL RIGHTS OF CITY TO REGULATE THE LOCATION OF COMPANY'S FACILITIES IN, UPON, ALONG, UNDER AND OVER THE STREETS, ALLEYS AND OTHER PUBLIC PLACES OF CITY, AS WELL AS TO REQUIRE: THE RELOCATION OF SAME; PROVIDING FOR EFFICIENT COMMUNICATION AND TELEPHONE SERVICE AND THE MAINTAINING OF COMPANY'S FACILITIES; PROVIDING FOR THE: USE BY CITY FOR THE PURPOSES SPECIFIED OF POLES AND CONDUITS OF COMPANY; PROVIDING COMPENSATION, AND METHOD OF PAYMENT OF SUCH, TO THE CITY FOR THE USE BY COMPANY OF THE STREETS, ALLEYS AND PUBLIC WAYS OF THE CITY; PROVIDING FOR THE MAINTAINING OF RECORDS BY COMPANY WITH RIGHT OF INSPEC111ION BY CITY RESERVING TO CITY ALL POWERS OF REGULATION; PROHIBITING ASSIGNMENT EXCEPT BY CONSENT BY CITY EXCEPT IN CERTAIN CASES; GIVING CITY'S CONSENT TO THE CUTTING AND TRIMMING BY COMPANY OF CONFLICTING TREES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT THIS FRANCHISE SHALL NOT BE EXCLUSIVE; MAKING MISCELLANEOUS PROVISIONS RELATIVE TO THIS GRANT OF FRAN- CHISE; PROVIDING FOR THE PUBLICATION OF THIS FRANCHISE ORDINANCE AND ITS ACCEPTANCE BY COMPANY. SPPL, Inc. is a joint venture formed by South Plains Telephone Co-op and the Poka Lambro Telephone Co-op. The purpose for the request is to allow a fiber optics telephone line to enter the city and travel along city - owned right-of-way in order to connect to NTS long distance service and the downtown area. The franchise is proposed for five years and is basically similar to the other franchises with Southwestern Bell Telephone, NTS and TTI. The fee for the use of the streets and alleys will be 3% of gross revenues inside the city or 15 cents per linear foot of line installed. There will be an annual accelerator on the per -foot fee that will be based on the consumer price index. S.P.P.L. intends to approach LP&L to lease their poles to hang the line on. Staff recommended approval of this Ordinance. Motion was made by Councilmember Maloy, seconded by Councilmember Patterson to pass on first reading Ordinance #9343 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. March 8, 1990 Page 1.71 90-49A-171-140 (22.) BID #10546--1990 Maintenance Program_— and authorize same (Streets). RESDLUTION #3327 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 Caprock Highway Construction Company for 1990 Maintenance Program, 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 8th day of March, 1990. Is/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s 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 8th day of March, 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 Caprock Highway Construction Company of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO.. 10546 _ 1990 MAINTENANCE PROGRAM FOR THE AMOUNT OF $1,649,614.79 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. March 8, 1990 Page 172 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: Caprock Highway Construction Co. 5185-B 69th Street Lubbock, Texas 79424 90-49A472-1_= 1 /s/ B. C. McMinn B. C. MCMINN, MAYOR APPROVED AS TO FORM: I s1, Harol d Willard Assistant City Attorney CAPROCK HIGHWAY CONSTRUCTION CO. CONTRACTOR BY: /s/ TITLE: ATTEST: Secretary Caprock Highway Construction Co. --Street seal coat. Motion was made by Councilmember Carpenter, seconded by Councilmember Maloy to authorize Resolution #3327 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. (23.) BID _#1D557- Playground equipment__replacement_at_various parks, and authorize same (Parks and Recreation). RESOLUTION #3328 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 Eagle Building & Development for play- ground equipment replacement at various parks, 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 8th day of March, 1990. ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Genie Eads Gene Eads, Purchasing Manager W _1, C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney March 8, 1990 Page 173 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 8th day of March, 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 do so, hereinafter referred to as OWNER, and Eagle Building & Developmentof 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. 10557 - PLAYGROUND EQUIPMENT REPLACEMENT AT VARIOUS PARKS FOR THE AMOUNT OF $24,986.00 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 COMPLETE ADDRESS: Eagle Building & Development Rt. 7, Box 247-B Lubbock, Texas 79401 /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Assistant City Attorney EAGLE BUILDING & DEVELOPMENT CONTRACTOR By: /s/ TITLE: ATTEST: Secretary 90-49A-174-142 (24.) 90-49A-• 174-Alt3 (25.) 90-49A--174-144 (26.) 90-49A-.174-145 (27.) March 8, 1990 Page 174 Eagle Building & Development Motion was made by Councilmember Carpenter, seconded by Councilmember Maloy to authorize Resolution #3328 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. BID #10552--Planter, eight -row Land Application Site . Ray Lee Equipment Co., Plainview Motion was made by Councilmember Carpenter, seconded by Councilmember Maloy to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. BID #10579--Annual fuel pricing (Central_ Warehouse). McLain Oil Co. --Leaded gasoline, Regular gasoline, and Diesel fuel --Transport load, delivered price per gallon. Motion was made by Councilmember Carpenter, seconded by Councilmember Maloy to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. BID_#10455--Annual pricing --Sale of used transformers lElectric Distribution}. Nix Electric Co.--1 lot good working condition distribution transformers; 1 lot defective condition distribution transformers. Motion was made by Councilmember Carpenter, seconded by Councilmember Maloy to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. BID #10575--Miscellaneous electrical items (Central Warehouse). Nelson Electric Supply--200 ea. #2/0 44/D service wedge clamp; 60 ea. 4" PVC 90 deg. elbow, 24" rad. Graybar Electric Co., Amarillo--10 ea. copper compression term for 250 MCM; 200 ea. #8412 copper compr. sleeve; 100 ea. #2 stranded to #2 solid reducing sleeve; 500' 4" rigid alum. conduit. Westinghouse Electric Supply--5 ea. FRS 150 fuse, 600 vt.; 150 ea. #500 MCM 2-bolt connector; 50 ea. 500 MCM grounding device; 100 ea. 3/4" rigid conduit in 10' lengths; 100 ea. 1" rigid conduit in 10' lengths; 200 ea. 1" two -hole pipe strap; 100 ea. butt ground plate; 150 ea. 100 watt high pressure sodium vapor luminaire. Fields & Co.--1,000' #12 thin solid copper, black; 1,000' #12 thin solid copper, red. Cummins Supply, Amarillo--100 ea. #4 ACSR alum. spool tie; 150 ea. copper compression term for 500 MCM; 275 ea. #1/10-477 MCM alum. D.E. strain clamp. March 8, 199O Page 1.75 90-49A-175-146 (28.) 90-4'9A-175-147 (29.) 90-49A-175-148 (30.) Motion was made by Councilmember Carpenter, seconded by Councilmember Maloy to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. BID #10562--Miscellaneous Water Utility items (Central Warehouse). Western Indust. Supply--20 ea. Mueller repair kit; 20 ea. main valve seat gasket; 12 ea. valve mainlowa hydrant. Rohan Co., Waco--100 ea. 3/4X3-1/4 meter coupling; 6 ea. 10" flange adapter. Morrison Supply Co.--24 ea. 4" pipe adapter PVC -clay; 12 ea. 6" PVC -CI adapter; 10 ea. 4" CI -CT adapter. Oberkampf--50 ea. 1X5 brass comp. coupling. Moore Supply Co.--660 ea. plastic meter box. Motion was made by Councilmember Carpenter, seconded by Councilmember Maloy to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. BID_#10574--Dresser couplings and tapping sleeves (Central Warehouse). Western Industrial Supply--10 ea. 16" AC dresser coupling. Rohan Co., Waco--4 ea. 4X6 PVC sewer saddle. Clowe & Cowan--2 ea. 8X6 MJ tapping sleeve for CI; 5 ea. BX6 MJ tapping sleeve for AC; 12 ea. 4" FLG gate valve; 8 ea. 8" MJ tapping valve for CI. Moore Supply Co.--10 ea. 6" dresser coupling; 12 ea. 8" CI dresser coupling; 12 ea. 10" CI dresser coupling; 30 ea. 16" CI dresser coupling; 45 ea. 4" MJ tapping valve for CI. Motion was made by Councilmember Carpenter, seconded by Councilmember Maloy to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. BID #10563--24" PIP pine and fittings (Central Warehouse). Waterman Industries Sales--3 ea. air/vacuum valve; 2 ea. 18" gate valve; I ea. 16" gate valve. A&P Water/Sewer Supplies, Odessa--3,000' 12" SDR51 pipe. Moore Supply Co.--4 ea. 24" flange x plain -end adapter; LOT PRICE ITEMS: 2 ea. 24" 45 deg. bend; 3 ea. 24" 90 deg. bend; 3 ea. 24"X12" tee; 4 ea. 24"X10" tee; 3 ea. 24"X5" tee; 1 ea. 24"X18" reducer; 4 ea. 12" 1PS X 12" PIP adapter; 2 ea. 24"X4" tee; 2 ea. 24" coupling; 1 ea. 24" plug. March 8, 1990 Page 176 Western Industrial Supply--2 ea. 24" butterfly valve. Diamond Plastics Corp.--7,200' 24" SDR41 pipe. Motion was made by Councilmember Carpenter, seconded by Councilmember Malay to authorize law bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 90-49A-176-149 (31.) BID #10565--Community Centers interior renovation, and authorize same [Parks and Recreation]. RESOLUTION #3329 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 Eagle Building & Development for Community Centers Interior Renovation, 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 8th day of March, 1990. /sZ B. C. McMinn B. C. McMINN, MAYOR ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Gene Ea s Gene Eads, Purchasing Manager CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney THIS AGREEMENT, made and entered into this 8th day of March, 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 Eagle Building & Developmentof 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 band 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. 10565 - COMMUNITY CENTERS INTERIOR RENOVATION FOR THE AMOUNT OF $13,452.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cast 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. March 8, 1990 Page 177 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: /sL_Gene Eads Purchasing Manager COMPLETE ADDRESS: Eagle Building & Development Rt. 7, Box 247-B Lubbock, Texas 79401 Is1 B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Assistant City Attorney EAGLE BUILDING & DEVELOPMENT CONTRACTOR By: /s/ TITLE: ATTEST: Secretary Eagle Building & Development Motion was made by Councilmember Carpenter, seconded by Councilmember Maloy to authorize Resolution #3329 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. (32.) Hold an Executive Session to discuss personnel matters regarding appointments to the Parks and Recreation Board. 90-49A-177-150 (33.) Consider one appointment to the Parks and Recreation Board to fill the unexpired term of Faye Alexander whose term is due to expire January 8, 1992. Motion was made by Councilmember Phillips, seconded by Councilmember Patterson to appoint Dr. Heenan Johnson, III to fill the unexpired term of Faye Alexander on the Parks and Recreation Board. Motion carried: 6 Yeas; 0 Nays; I Abstention--Councilmember Maloy. March S, 1990 Page 178 There being no further business to come before Council, motion was made by Councilmember Trejo, seconded by Councilmember Patterson to adjourn the meeting at 11:47 a.m. Motion carried: 7 Yeas; D Nays. B. C. McMIH , MAYOR TTHT: Ranei; f� oy , C i ty Sec etary READ AND APPROVED THIS 22ND DAY OF MARCH, 1990. 'B. C. McMINN, MAYOR ATTES .� Ran �t.� Boyd, City Sec ary in writing b e he days In advance in wriTiAg 6Y the Clays Manageer OI his designated rearesenTaelw... - e ides -geed 3 �noJ+ WA Bu011> 111 L_CRDs5AHD n NO ANY AND ALL OF THE 'TESENT AND FUTURE PUB - LC ROADS, HIGHWAYS, STREETS, LANES AND ALLEYS W THE CITY OF LUBBOCK, A 'FM OF POLES. ANCHORS, MIRES. MANHOLES, C NUU ".)OTHER PLANT CONSTRUt AND APPUR- �TgNANCZ5'Ji, •-;SARYOR PROPER FOR 7HL F•USINESS f Q U DI NAND TELEPHONE S ER- VZCES SINTo.IN. WITHIN, FROM, ACROSS, A THROUGH THE CITY OF Lu K, AS NOW EX- FSTINO, qR AS D CITY LIM• !Fs MAY HEREA ER BE EX• TENDED, AND GRANTING 3PAL. INC., ITS SUCCESSORS AND ASSIGN5.7HE AUTHORITY TO USE SUCH FOR THE PUR- POSE OF FURNISHING COMMU- NICATION AND TELEPHONE SERVICES To THE INHABI- TANTS OF THE CITY, OR ANY OTHER PERSOH OR PERSONS, FIRMS OR CORPORATIONS WITHIN THE CITY, WHICH IT IS PERMITTED TO SERVE BY FEDERAL AND STATE LAW; I PROVIDING THAT THIS FRAW l'NISE SHALL BE EFFECTIVE i,FOR A PERIOD OF FIVE ISI } YEARS COMMENCING UPON } AND EXTENDING FROM THE EFFECTIVE HATE OF THIS OR. PIN ANCE AFTER FINAL PAS- 2SAGE HEREOF; PROVIDING OR THE TEMPORARY REMOV- �.�L. RAISING OR LOWERING BY rp M MY. IF ITS WIRES AND PROk1GING FORTENWMTKE RITHER C H57 TO, AND CONDITION Og, THE ` OPENING OF PAVEMENTS AND. %r•CITY 51DEWALKS BY COMPANY. RE.' MING 3 TOIREGULATE HS LLgALL RIGH_Y�PCATION OF COMPANY'S FACILITIES IN, UPON, ALONG, L+NB@R A++D DYER THE STREETS. ALLEYS AND OTHER PUBLIC PLACES i OF CITY, AS WELL AS 70 RE- ] QUIRE THE RELOCATION OF It SAME; PROVIDING FOR EFFI- F CIENT COMMUNICATION AND TELEPHONE SERVICE AND THE MAINTAINING OF COMPA- NY'S FACILITIES; PROVIDING I FOR THE USE BY CITY OF THE PURPOSES SPECIFIED OF I POLES AND CONDUITS OF COM- j PANY., PROVIDING COMPENSA- I TION, AND METHOD OF PAY- MENT OF SUCH, TO THE CITY FOR THE USE BY COMPANY OF TEXAS BBOCK —Frances He rn and e A Notary Public in and for Lubbock County, Texas on this day red T _ J , A u f i i l . Account Manager of the Southwestern Newspa- publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who sworn did depose and say that said newspaper has been published continuously for more :eks prior to the first insertion of this Legal Notice No-�82 at Lubbock County. Texas and the attached print - Legal Notice is a true copy of the original and was printed in the Lubbock I on the following dates; ds 0 1.38 = *3683.2 0 unt `Manager ALANCHE-JOURNAL ewspapers Corporation sworn to before me this __?._ day of March -• tg 90 SECOND READING ORDINANCES ORDINANCE NO 9336 AN ORDINANCE AMEND- G SECTION 27.55 AND SEC- ON 27-112 OF THE CODE OF IDMANCES OF THE CITY OF JBBOCK. TEXAS, W1TH RE, PRO TO INSURANCE IOUNTS REQUIRED FOR 3,XICAB SERVICES AND L1M- JSINE SERVICES OPERATING ,THIN THE CITY OF LUB- DCK; PROVIDING A PENAL- Y- PROVIDING A SAVINGS LAUSE AND PROVIDING FOR UBLICATION, ORDINANCE NO.9336 AN ORDINANCE AMEND, NO ZONING ORDINANCE NO. '921 AND THE OFFICIAL MAP JF THE CITY OF LUBBOCK 'RAKING THE FOLLOWING :HANGES. ZONE CASE NO.2642; A ZONING CHANGE FROM C-2 TO C•2 SPECIFIC USE PERMIT FORA VETERINA R YCLINIC ON LOT 2. BLOCK 2, COLLEGE HEIGHTS ADD!! I w,IITpbRK LOTS B AND C. T (7 E V E L OPMEN T %AS; S U BJ ECT TO LLBB❑C C OIJDITI❑All NS: PRDVI'DINGQiHG A 1 I." CLAUSE ANO P Ow FOR Pub L'CATION. I ORDINANCE NO.93M C S T T I � U A O O R-363 s a Notary Public in and for Lubbock County, Texas on this day T J T Account 4 a n a g of the Southwestern Newspa- N ,hers of the Lubbock Avalanche -Journal — Morning, and Sunday, who being by me duly p that said newspaper has been published continuously for more than fifty-two weeks pri- g If this h A. 82377 h377 ■ at Lubbock County, Texas and the attached print - is a true copy of the original and was printed in the Lubbock P, e following dates: 7i F T C y T 1. E 4:�� C 'E Or inage r HE -JOURNAL per Corporation E Subscribed and sworn to before me this 29day ! Fi7R1[ i8-lU THE STATE OF TEI X AS R- 361 COUNTY OF LUBBOCK NOTICE OF Frances Hernandez a Notary Puhiic• in anti for Lubbock ('aunty. Texas on this day PUBLIC HEARING eared T.J. Aufil I f Account MAnager of, the Southwestern NeWspa- eLlt mck of Health sid. Lion , publishers of the Lubbock Avalanche -.Journal _. Morning. Evening and Sunday. who tducT a pudic hearing to Consitl- whelherornot 9eatictanks and juIv ~warn did depose and tiny that said newsprtper has been published continuously for more ler Private sewag► facilities ' luld op regulal" and whether) wet+}(ti 1)rl[1r i[1 till' first lns('rtlan oI tt)iti _ Legal Notice not toilet facilities shalt be re- Ired at Construction sites and No. 823698 at Lubbock County. Texas and the attached print- nmunlly gatherings. A oropo$ad "ndnce is on ftie for review at (� legal Notice _ is a t rue copy of the original and was printed in the Lubbock 2 Texis Avenue. All interested sons are encouraged to parttci- lurnal on the f t 11 a 1i' 1 n i tt [yy : Feb. 17 f 1990 _ e eXaS AV noe. at. 7:3g Pr+l at ` w o r f3 5 1 46 = J J • 58 I Te%as March a. B, I �7 Account UMina9er L1'13130H'Ii AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this - S, day of FOItRrI 58.10 Iv�ARY PUBLIC in and for the State of Texas My Commission Expires- Z- 6 - 9? v r 4, r.; May A