HomeMy WebLinkAboutMinutes - City Council - Regular - 4/26/1990311
CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
APRIL 25, 1990
10:00 A.M.
The City Council of the City of Lubbock, Texas met in regular session on
the 25th day of April, 1990 in the City Council Chambers, first floor, City
Hall, 1525 13th Street, Lubbock, Texas at 10:00 A.M.
Present: Mayor B. C. McMinn, Mayor Pro Tem Joan Baker, Councilman T. J.
Patterson, Councilman Gary Phillips, Councilman Bill Maloy, Councilman
George Carpenter, Councilwoman Maggie Trejo, City Manager Larry J.
Cunningham, City Attorney John C. Ross, Jr., and City Secretary Ranette
Boyd.
Mayor McMinn called the meeting to order at 10:00 A.M.
{ 1.} The Invocation was given by Trent Petty, Assistant to
the City Manager.
( 2.) The Pledge of Allegiance was given in unison by those
in the Council Chambers.
( 3.) Motion was made by Councilman Patterson, seconded by
Councilman Maloy to approve the Minutes of the April
12, 1990 Regular City Council meeting as written.
Motion carried: 7 Yeas; 0 Nays.
( 4-)
90-4!)A- 31.1-220
( 5•.)
Board Appointments
PROCLAMATION
National Youth Service Day" - April 25, 1990
Presentation of Honorary Citizen Certifications to
International Students.
Michael J. Hopping appeared on behalf of Alpha Tau
Omega to request a Loudspeaker Permit in conjunction
with the ATO Drug Free 1990 Rally scheduled for
April 28, 1990 from 12:00 noon until 7:00 p.m. at the
ATO Lodge, #8 Greek Circle. A live hand will provide
entertainment at the rally, and no alcohol will be
allowed.
Mr. Hopping indicated to staff that the rally is
designed to make Lubbock area high school students more
aware of drug and alcohol related problems. He has
obtained the necessary signatures and received an
endorsement from the Dean of Students and the Texas
Tech InterFraternity Council. The sponsors of this
event include the Lubbock Fire Department, Lubbock
Police Department, Department of Public Safety, Lubbock
County Sheriff's Department, Parents Against Drug
Dealers, and Mothers Against Drunk Driving.
Page 312
Council approval of this Loudspeaker Permit is
necessary due to the activity being scheduled in
residential area.
Motion was made by Mayor Pro Tem Baker, seconded by
Councilman Patterson to approve issuance of a
Loudspeaker Permit to Alpha Tau Omega Fraternity for
April 28, I990 from I2:00 Noon until 7:00 p.m. (Greek
Circle) as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
90-49A-312-221
( 6.) ORDINANCE #9349--Establishing 35 MPH s eed limit on
74th Street between University Avenue and —Elgin Avenue.
ORDINANCE #9349
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN
PORTIONS OF 74TH STREET, AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE
BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO;
REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT;
APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS NAMED HEREIN;
PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A PENALTY;
PROVIDING A, SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Motion was made by Councilman Patterson, seconded by
Councilwoman Trejo to pass on second and final reading
Ordinance #9349 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
90-49A..312-222
7.) ORDINANCE #9350--Amending Section I9-2 8 2 related to
specific activities in selected park sites.
ORDINANCE #9350
AN ORDINANCE AMENDING SECTION I9-2(b)(2) OF THE CODE OF ORDINANCES OF
THE CITY OF LUBBOCK, TEXAS, BY DELETING THE LUBBOCK GARDEN AND ARTS CENTER
FROM THOSE SELECTED PARK FACILITIES AT WHICH THE SALE AND/OR CONSUMPTION OF
ALCOHOL_ MAY BE PERMITTED; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
90-49A-312»223
( 8•)
Motion was made by
Councilwoman Trejo
Ordinance #9350 as
carried: 7 Yeas; 0
ORDINANCE #935I
Councilman Patterson,
to pass on second and
recommended by Staff.
Nays.
seconded by
final reading
Motion
AN ORDINANCE AMENDING ARTICLE XVI OF CHAPTER 2 OF THE CODE OF ORDI-
NANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE BOARD OF CITY
DEVELOPMENT BY AMENDING THE BOARD'S DUTIES TO COMPLY WITH CURRENT STATE
LAWS AND BY REPEALING CERTAIN SECTIONS OF THE ARTICLE WHICH ARE NO LONGER
NEEDED; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Motion was made by Councilman Patterson, seconded by
Councilwoman Trejo to pass on second and final reading
Ordinance #9351 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
90-49A- 313-224
( 9.)
ORDINANCE #9352
Page 313
ORDINANCE ADOPTING RULES OF THE CITY OF LUBBOCK, TEXAS FOR PRIVATE
SEWAGE FACILITIES
90-49A-313-225
(14.)
Motion was made by Councilman Patterson, seconded by
Councilwoman Trejo t❑ pass ❑n second and final reading
Ordinance #9352 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
RESOLUTION #3355
A RESOLUTION ACCEPTING STREET IMPROVEMENTS AS LISTED BELOW:
WHEREAS, the City ❑f Lubbock heretofore entered into a Contract with
Kerr Construction Company for the making of street improvements in said
City including among others the following:
82nd Street Strip Paving Improvements.
WHEREAS, the construction of the above improvements was performed
under the supervision of the City Engineer, and said improvements have been
completed and have been inspected and found to have been constructed in
accordance with the terms of said Contract, Project No. 9474; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements above -mentioned BE and the same are
hereby accepted and the City Engineer BE and he is hereby authorized to
direct the final payment t❑ the Contractor in the amount of $14,843.48.
SECTION 2. THAT this Resolution shall take effect and be in force
from and after its passage.
Passed by the City Council this 25th day of April, 1990.
ATTEST:
/sZ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
IsZ Larry Hertel
Larry Hertel, City Engineer
MONTHLY ESTIMATE FILED WITH RESOLUTION
Is1 B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Is/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
Page 314
This is a routine acceptance of strip paving
constructed by Kerr Construction Company, Inc. under
their Contract with the City (Project No. 9474) on 82nd
Street from the Tahoka Highway to Quirt Avenue. The
original Contract for $285,518.65 and Change Order No.
1, which adds $15,600 for paving at Lubbock Power and
Light Co -Generation Plant on Texas Tech Campus, brings
the total estimated cost to $301,118.65. The final
cost is $296,869.50, and final payment of $14,843.48
will be due upon this acceptance. Central Freight
Lines, Inc. contributed $40,000 toward this project.
Staff recommended approval.
Motion was made by Councilwoman Trejo, seconded by
Councilman Carpenter to authorize Resolution #3356 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
90-49A•- 314-226
(15.) Consider Resolution #3357_authorizing the Right -Of -Way
Department to make an offer to Paul Newman and Dorothy
RESOLUTION #3351
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 uses and purposes,
to -wit:: for the Downtown Lubbock Development Program, 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
tracts of land located in Lubbock County, Texas be acquired for public
purposes and municipal purposes as set forth in the preamble hereof, to -
wit:
TRACT I
BEGINNING at the Northwest corner of Lot 1, Block 156, Original Town
Addition to the City of Lubbock, Lubbock County, Texas;
THENCE S. 81°47124" E., a distance of 90.53 feet to a point, point
tieing the North, Northeast corner of this tract;
THENCE S. 31°24'56" E., a distance of 54.06 feet to a point in the
East line of Lot 2;
THENCE S. 021912'35" W., along the East line of Lots 2 through 7, a
distance of 138.28 feet to a point, point being the Southeast corner
of this tract;
THENCE Northwesterly, along a curve to the left, having a radius of
587.96 feet and radius bearing S. 51°11'12" W., along the
Northeasterly right-of-way line of I-27, a distance of 181.15 feet to
a point the West line of Lot 2;
THENCE N. 02°12'35" E., along the West line of Lots 1 and 2 for a
distance of 49.80 feet to the POINT OF BEGINNING.
Page 315
TRACT II
BEGINNING at a point 49.57 feet N. 02012'35" East of the Southwest
corner of Lot 11, Block 156, Original Town Addition to the City of
Lubbock, Lubbock County, Texas;
THENCE N. 02012'35" E., along the West side of Lots 12 through 18, a
distance of 144.64 feet to a point;
THENCE S. 37024'55" E., along the Southwesterly line of the P.&S.F.
R.R., a distance of 196.00 feet to a point;
THENCE S. 02"12'38" W., along the East line of Lots 11 and 12, a dis-
tance of 43.24 feet to a point being the Southeast corner of Lot 11;
THENCE N. 87°47'24" W., along the South line of Lot 11, a distance of
97.851 feet to a point; said point being the beginning of a curve in a
Northwesterly direction having a radius point that bears S.
66°15'08" W., a distance of 587.96 feet, and an arc length of 56.54
feet to a point in the Northeasterly right-of-way line of I-27;
THENCE Northwesterly along said curve to the left, and along the
Northeasterly right-of-way line of I-27, a distance of 56.54 feet to
the POINT OF BEGINNING.
SECTION 2. THAT the owner of said tracts, including Paul Newman and
Dorothy Jean Newman Clark, BE offered through the Right -of -Way Department
of the City of Lubbock the amount of $8,115, 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 26th day of April, 1990.
ATTEST:,
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Ed Bucv
Ed Bucy, Right -of -Way Agent
s B. C. MCMInn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Is1 Harold Willard
Harold Willard, Assistant
City Attorney
This property is located just east of Avenue C between
13th Street and 14th Street, and is owned by Paul
Newman and his daughter, Dorothy Clark. Mr. Newman
owned the entire Original Town Block 156, which was
used as a feedlot for cattle. In 1986, the State of
Texas began the acquisition of approximately half of
Block 156 for I-27 right-of-way, and the matter was
settled in condemnation proceedings.
Mr. Newman has settled with the State and now offers
the remaining parcel to the City. The northbound 1-27
access road into downtown Lubbock will direct traffic
to the west (13th Street), and this parcel will serve
as a main entry point into the downtown area.
Page 316
90-49A•-316-227
(16.)
According to Mr. Newman, the Appraisal District, during
the I-27 acquisition, increased the appraised value of
his property and and has the property valued at $2 per
square foot or $53,886.80. Mr. Newman initially
offered $5,000 and countered back with $7,500.
Mr. Newman's 1989 taxes are delinquent, and to clear
the title on this property, $1,230 must be paid the day
of closing. Mr. Newman agreed to settle the matter if
Staff split the taxes with him ($615 be paid by the
City) for a total offer of $8,115.
Staff also discussed with Mr. Newman the following
project. LP&L is in the process of constructing a
power line down 50th Street west from Chicago Avenue
and across Loop 289 to Frankford Avenue. Part of this
power line will run approximately 500' east -to -west
from Loop 289 to Frankford Avenue across Mr. Newman's
property. Staff was able to obtain this Overhead
Electrical Easement and LP&L and the Right -Of -Way Agent
recommended $500 to $600 as a minimum acquisition cost
for the Easement. Staff recommended approval.
Motion was made by Councilman Carpenter, seconded by
Mayor Pro Tem Baker to authorize Resolution #3357 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. The site is to be redeveloped as
a single-family residence and is properly zoned for
that use. This structure is a custom house for a
family being relocated from within the Chatman Hill
Acquisition/Relocation CDBG Program. The proposed sale
is submitted according to the Marketing Plan for the
Chatman Hill Area adopted by the Urban Renewal Board of
Commissioners on August 15, 1989. Staff recommended
approval.
Motion was made by Councilman Patterson, seconded by
Councilwoman Trejo to accept price and conditions of
sale of Parcel Dumber 15760-14-40 in the Chatman Hill
Urban Renewal Area (2105 Elm Avenue) as recommended by
Staff. Motion carried: 7 Yeas; 0 Nays.
90-49A-- 316-228
(17.) Consider Ordinance #9353 establishing a 50 MPH speed
limit on 82nd Street between Quirt Avenue and Avenue H
US 87).
ORDINANCE #9353
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN
PORTIONS OF 82ND STREET, AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE
BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO;
REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT;
APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS NAMED HEREIN;
PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Page 317
Since reconstruction was recently completed on this
portion of 82nd Street, a speed study was conducted by
the Traffic Department on April 4, 1990 in accordance
with procedures established by the State Department ❑f
Highways and Public Transportation. The existing
posted speed limit is 40 MPH; however, the speed study
of 180 vehicles resulted in an 85th percentile speed of
50 MPH and an average speed of 45.8 MPH. Therefore, on
the basis of this study, Staff recommended that the
speed limit be established at 50 MPH.
Councilman Carpenter asked staff how they determined
that speed limit should, in this case, be 50 rather
than 40. David Woosley, Traffic Engineer, replied
that, based on procedures established by the State
Highway Department, they determine a speed limit by
monitoring the speed of vehicles during different
periods ❑f the day - generally when there is free -
flowing traffic using the SDHPT formula given above.
Councilman Carpenter indicated his understanding of Mr.
Woosley's explanation and then asked how staff takes
into consideration pedestrian safety when determining
the speed. Councilman Carpenter stated his opinion
that in setting speed limits there should be 2
considerations: (1) Moving traffic up and down the
street, and (2) providing for the safety of pedestrians
trying to cross busy thoroughfares. Mr. Woosley
replied that major thoroughfare intersections with
traffic signals have push buttons that allow time for
pedestrians to cross the street.
Councilman Carpenter then asked if there are
thoroughfare intersections with push button traffic
signals between Quirt Avenue and the highway. Mr.
Woosley replied that there are not since that street is
only 24' wide. Mr. Carpenter advised that there are
homes up and down that street. Mr. Woosley agreed that
the north side of that street is residential, but that
the south side is farm land and businesses. He said
that staff must take into consideration the amount of
traffic and the number of pedestrians crossing at a
location in order to determine whether or not a push
button signal is needed, and he restated that the speed
limits are based on State law, which is what staff
based their recommendations on.
Councilman Carpenter asked if this means that State law
does not take into consideration the safety of the
pedestrian. Mr. Woosley replied that State law does
not directly address pedestrians in the establishment
of speed limits.
Councilman Carpenter asked if this is a set rule or if
the City Council has some margin for interpretation.
Mr. Woosley replied Council has the authority to set
the speed limit at any speed limit they choose. He
said that the State law requires the Highway Department
to establish a procedure for setting speed limits,
which they've done, and that these guidelines are what
the Traffic Department use in making recommendations on
establishing speed limits.
Councilman Carpenter requested that City Attorney John
Ross render an opinion as to what interpretation of
State law the City Council may make to allow
consideration of the pedestrian safety factors when
determining speed limits.
Page 31S
90-49A- 318-229
(10.)
Mr. Woosley said that even though the Traffic
Department tries to go by guidelines set by the Highway
Department, if they feel that there are special
circumstances (i.e., a stretch of road with a great
many accidents apparently caused by speed and no other
reason), then staff recommendation to Council would
likely be something different than the guidelines.
Councilman Carpenter said if persons cannot safely
cross a heavily traveled street even if only one or two
pedestrians a day cross, this need to be looked at.
Councilman Carpenter then asked if staff is saying in
this case that the pedestrian issue was not factored in
or observed.
Mr. Woosley replied that that is true for two reasons:
The few number of pedestrians and the amount of traffic
out there. He stated that there is never bumper -to -
bumper traffic during the day on this piece of road and
that generally speaking, there is sufficient gap to
cross the street.
Mayor Pro Tem Baker asked what the speed limit is on
82nd Street west on Avenue H. Mr. Woosley replied that
it's 50 MPH on Avenue H over to about Elgin Avenue, 45
MPH from Elgin to Memphis, and then it's 50 MPH again
from Memphis out to the west City limits. Mayor Pro
Tem Baker stated her opinion that perhaps a uniform
speed limit is needed on 82nd Street, and she agreed
that staff should consider the human safety factor and
make a determination as to the speed limit.
Councilman Phillips pointed out that there are portions
of 82nd which are sparsely populated and which, in his
opinion, can afford to have a higher speed limit than
in more populated areas. Councilman Maloy stated he
feels staff needs to look at this before I-27 is
finished.
Motion was made by Councilman Phillips, seconded by
Councilman Patterson to pass on first reading Ordinance
#9353 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
Addition.
ORDINANCE #9354
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP
OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1391-H;
A ZONING CHANGE FROM C-2 TO C-3 ZONING ON TRACT F, LIVE OAK ADDITION,
LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
John N. Wilson appeared on behalf of Texaco Refining &
Marketing, Inc. to present this request for zone
change.
No one appeared in opposition. Mayor McMinn closed the
hearing at 10:43 a.m.
90-49A- 319-230
(11.)
Page319
David Jones, Director of Planning, stated that this
proposed rezoning is on the southeast corner of Loop
289 and Indiana, and that the existing use is a Texaco
self -serve station. The proponent is requesting a C-3
zone for a single -bay drive -through automated car wash
which is permitted in a C-3 District. A similar
structure exists at 50th and Slide.
Mr. Jones gave the adjacent land use relationships as
follows:
North - Commercial/Loop 289
South - Commercial
East - Commercial
West - Commercial
As an intersection of two major thoroughfares, the
parcel is eligible for C-3 zoning within the guidelines
of the Comprehensive Land Use Plan and since the area
is already developed as Commercial, no zoning policy
questions exist. The proponent can achieve the
development standards of the C-3 District, with be no
effect on the adjacent street system.
Staff recommended approval.
Motion was made by Councilman Patterson, seconded by
Councilman Phillips to pass on first reading Ordinance
#9354 as recommended by P&Z and City Staff. Motion
carried: 7 Yeas; 0 Nays.
ORDINANCE #9355--Zone Case #1650-D north of 40th
ORDINANCE #9355
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP
OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1650-D;
A ZONING CHANGE FROM A-2 AND C-3 TO C-4 ZONING AND FROM A-2 TO GO ZONING ON
TRACTS OUT OF SECTION 37, BLOCK A-K, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS;
PROVID:NG A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
David Goyette appeared on behalf of H. A. Sessions to
present this request for zone change from the current
C-3 and a narrow A-2 portion to C-4, subject to a list
of permitted uses. The area adjacent to Frankford is
zoned C-2 (limited to offices), and the GO designation
for that land area is simply a clean-up of the district
name.
No one appeared in opposition, and Mayor McMinn closed
the Hearing at 10:47 a.m.
David Jones, Director of Planning, gave the adjacent
land use relationships as follows:
Page 320
North - Church
South - Residential and Commercial
East - Commercial
West _ Loop 289
This land area is commercial on the Comprehensive Land
Use Plan. With regard to Zoning Policy, this parcel is
eligible for C-4 zoning being adjacent to Loop 289 as a
regional highway. As a policy, the Planning and Zoning
Commission and City Council have limited certain uses
adjacent to Loop 289 in past zone cases. The
"permitted use" list that the staff and proponent
recommended as a condition follows. A number of the
heavy ❑r ❑bjectionable C-4 uses are not listed.
1. Automobile body shops, ❑utside storage
limited to customer vehicles only.
2. Automobile brake shop.
3. Automobile glass shop.
4. Automobile seat cover and upholstery shop.
5. Automobile transmission shop.
6. Automobile and recreational vehicle sales and
service (may include body and paint shop, as
accessory use).
7. Barber and beauty shop supply dealer.
8. Boat and boat trailer sales and service.
9. Builders supply. All materials must be in
building.
10. Cafe supply dealer, fixtures.
11. Canvas goods shop, tents and awnings (no
manufacturing).
12. Dairy supply dealer.
13. Electrical equipment repairs.
14. Frozen food lockers.
15. Garage, public, repair. (Outside storage of
customer automobiles authorized.) All work
and separate parts shall be inside a
building.
16. Garden center.
17. Gasoline service station. (Business
permitted outside of building and outside
displays of products permitted within three
(3) feet of the building).
18. Golf driving range. (Business permitted
outside of building).
19. Greenhouse and plant nursery.
20. Hotel or motel.
Page 321
21. Hot tamale plant.
22. Janitorial or cleaning service.
23. Job printing and lithographing.
24. Laboratory, chemical, general analysis.
25. Laundry, commercial.
26. Linen and towel supply service.
27. Magazine agency.
28. Motorcycle shop, including sales, rentals and
service.
29. Muffler shop.
30. Nonprofit training centers with retail sales.
31. Pest control service.
32. Print Shop.
33. Produce market.
34. Public kennel (totally within a building).
35. Rental store.
36. Restaurants. (Business permitted outside of
building).
37. Restaurants, with the sale of alcoholic
beverages as an incidental use, except that
n❑ mixed alcoholic beverage sales shall be
made or delivered to occupants in motor
vehicles.
38. Sign shops, limited to window lettering,
painted wall signs, banners and desk signs.
39. Store fixtures sales (no manufacturing
permitted).
40. Trailer and truck sales, rental or service.
41. Upholstery shop --furniture.
42. Veterinary hospital (totally within a
building).
43. Wholesale house, sales office and storage --No
cotton storage.
44. All unconditionally permitted C-3 uses.
The automotive uses remain on the list since the
immediate intent is to expand the Hyundai property and
perhaps develop some support services on the balance of
the property. The GO part of the request is routine
and will enhance the descriptive nature of the title.
The zone change should have no effect on traffic over
and above the transition from undeveloped to developed
property.
Staff recommended that Council uphold P&Z
recommendation with the following conditions:
Page 322
90-49A-- 322•-231
(12.)
1. The list of permitted uses above.
2. 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.
Motion was made by Councilman Maloy, seconded by
Councilman Phillips to pass on first reading Ordinance
#9355, with Conditions recommended by P&Z and City
Staff. Motion carried: 7 Yeas; D Nays.
ORDINANCE #9355
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 70B4 AND THE OFFICIAL MAP
OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2645; A
ZONING CHANGE FROM R-1 TO A-2 ZONING, LIMITED TO CHURCH USES, ON A TRACT
OUT OF SECTION 9, BLOCK J-S, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATIONI.
Dwayne Mauldin appeared on behalf of Shadow Hills
Baptist Church to request zone change to A-2, limited
to church and church -related uses.
No one appeared in opposition. Mayor McMinn closed the
Hearing at 14:48 a.m.
David Jones, Director of Planning, gave the adjacent
land use relationships as follows:
North - Undeveloped garden office
South - Undeveloped
East - Undeveloped R-1 and an undeveloped church
(A-2) site
West - Single family
The Comprehensive Land Use Plan and Zoning Policy for
churches indicates their location should be on the
perimeter of single family neighborhoods and adjacent
to thoroughfares, and this site meets these
requirements. Traffic should not be affected since 4th
is a major thoroughfare. There was no opposition at
the Public Hearing.
Staff recommended that Council uphold the Planning and
Zoning Commission recommendations with the following
condition:
I. A-2 tied to church and church related uses.
Motion was made by Councilman Patterson, seconded by
Councilman Carpenter to pass on first reading Ordinance
#9356, with Condition recommended by P&Z and City
Staff. Motion carried: 7 Yeas; 0 Hays.
90-49A-323-232
(13.)
Page 323
Councilman Maloy expressed concern about new churches
built in heavily residential A-2 areas and requested
staff to bring back recommendations to Council for a
procedural change which would require Zoning Board of
Adjustment consideration of these requests.
ORDINANCE #9357
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP
OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1968-E;
A ZONING CHANGE FROM C-2A AND C-3 TO GO AND GO SPECIFIC USE PERMIT FOR A
15' SETBACK; FROM QUAKER AVENUE ON TRACTS D, E, F, G, 1, J, K AND THE SOUTH
12' OF M-1, 15TH INSTALLMENT, RUSHLAND PARK ADDITION, LUBBOCK, TEXAS;
PROVID:NG A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Councilman Maloy requested to abstain from voting and
discussion of this item due to conflict of interest.
It was consensus of Council to allow this abstention.
David R. Goyette appeared on behalf of Crescendo Land
Company to present this request for zone change. The
request is for a Specific Use Permit - a "clean-up"
case - for both lots adjacent to Quaker, and the staff
requested rezoning the remainder of the area.
No one appeared in opposition, and Mayor McMinn closed
the Hearing at 10:58 a.m.
David Jones, Director of planning, gave the adjacent
land use relationships as follows:
North - undeveloped Commercial
South - Single family
East - Texas Tech Ag property
West - Single family and open space
The request is consistent with both Comprehensive Plan
and Zoning Policy. The existing zoning is C-2A limited
to professional offices, and the GO District requires a
25' setback adjacent to a street when no parking is in
front of the structure. ("front" as defined by the
Zoning Code is any side of a lot with street frontage).
The request through Specific Use for 15' on Quaker is
acceptable since no line of sight will be affected.
Staff recommended approval with the following P&Z
Commission conditions:
A. Zoning change from C-2A and C-3 to GO
(no condition) on tracts E, F, G, J, K
and the western portion of the South
12' of M-1.
Page 324
B. Zoning change from C-2A and C-3 to GO
Specific Use (for specific use any
district to provide for a 15' setback
from Quaker Avenue) on tracts D, 1, and
the eastern portion of the South 12' of
M-1.
Motion was made by Councilman Phillips, seconded by
Councilman Patterson to pass on first reading Ordinance
#9357 with Conditions A and B recommended by P&Z and
City Staff. Motion carried: 7 Yeas; 0 Nays.
90-49A-.324•233
(18.) Consider Resolution #3358 authorizing the Mateo
execute a Contract with Computran Systems Corporation,
to„upgrade _the Computerized Traffic Signal System
"software" for telephone communications.
RESOLUTION #3358
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 to
be entered into by and between the City of Lubbock (as Owner) and Computran
Systems Corporation (as Contractor) for engineering services to be
performed by Contractor for said City in updating and enhancing the traffic
signal operation of the City of Lubbock, 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 25th day of April, 1990.
ATTEST:
s Rariette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s David E. Woosle
David E. Woosley, Traffic Engineer
CONTRACT FILED WITH RESOLUTION
Is/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
At their September 14, 1989 Work Session, the Council
authorized the Traffic Engineering Department to
negotiate a Contract with Computran Systems Corporation
to revise and upgrade the Computerized Traffic Signal
System "software" in order to accommodate telephone
communications for expansion of the system to Slide
Road.
It was pointed out that if Staff changed from City -
owned "hardware" communications to telephone
communications, the City could save $100,000 more on
the system over the next ten years, based on the
current schedule for system expansion. In addition,
future expansions could be completed within a shorter
time frame, and the public would realize the benefits
much sooner. The new additions to the system would
also provide a superior "back-up" system in the event
of a master computer failure.
90-49A-325-9134
(19.)
Page 325
During the past six months, City Staff has thoroughly
investigated the type of equipment to be used in future
expansions and has visited sites with similar equipment
in operation. In addition, the Staff has attended a
two-day school covering all aspects of the equipment.
As a result, a Contract has now been negotiated with
Computran Systems Corporation in the amount of
$167,812. Bonds in the amount of $362,000 have been
sold in order to cover the cost of this project, and it
is estimated that all work will be completed within 15
months.
The project will include expansion of the system to
Slide Road between 29th Street and 82nd Street,
inclusively, although purchase of the hardware for
these intersections will be made under a separate
contract. In light of the projected ten-year savings
of over $100,000 by communicating through telephone
lines, Staff recommended approval.
Motion was made by Councilman Carpenter, seconded by
Councilman Phillips to authorize Resolution #3358 as
recommended by Staff. Motion carried: 7 Yeas; O hays.
RESOLUTION #3359
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 Summer Food
Service Program Application and related documents with the Texas Department
of Human Services, 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 26th day of April, 1990.
/sZ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
s Lee Osborn /sj Harold Willard____ _
Lee Osborn, Director of Parks & Harold Willard, Assistant
Recreation City Attorney
APPLICATION FILED WITH RESOLUTION
From 1977 to 1980, the City of Lubbock participated in
the Summer Food Program for Children in which an
average of 640 children were served daily a sack lunch
at 16 park and community center sites.
Page 325
In 1981, the Council elected to discontinue
participation in the program since at that time federal
dollars were limited and Council philosophy shifted to
limit this kind of spending. With a recent return to
more basic human services (i.e., last summer's
successful Summer Satellite Playground Program and
Butler Park Outreach Program (B-POP) for teenagers, and
the expansion of both programs planned for this
summer), it was Staff's opinion that it would be
appropriate to consider re-establishing the Summer Food
Service Program for Children. The department of Human
Services pledged their support.
A letter from LISD which lists the percentage of
enrollment of children in the various neighborhood
elementary schools that receive free ❑r reduced price
meals because of low income indicates surprisingly high
numbers, ranging from 52% at Tubbs to 100% at Parkway
and Jackson Elementary. The schools with the lower
percentage are affected by the In -School Busing Program
and are not necessarily reflective of the neighborhood
children. The School Board and Administration have
reviewed the Food Service Contract and are supportive
of this Program. LISD attempted to provide lunches t❑
children during the summer of 1988, but because of the
supervision required at times when school was closed
(i.e., summer months), the program was not offered in
1989.
This Texas Department of Human Services grant will fund
sack lunches at 12 City recreation sites from June 4 to
August 17, 1990. These supervised sites include four
Community Centers - Simmons, East 23rd & Oak; Woods,
Zenith & Erskine; Rodgers, 3200 Amherst; and Rawlings,
40th & Avenue B. The remaining eight sites are the
CDBG funded Summer Satellite Program sites - Mahon
Elementary, 2010 Cornell; Yellowhouse Canyon, East 61st
& Olive; Carter Park, Glove and North Loop 289; Hollins
Park, 1st & Temple; Pioneer Park, bth & Avenue T; Burns
Park, 23rd & Avenue K; Carlisle Park, 28th & Avenue X;
and Chatman Park, East 29th & Juniper.
The nutritious sack lunches will be provided daily by
Lubbock Independent School District, and the charge
will be ❑n a sliding scale relating to average meals
served daily - 300 meals per day will cost $2 per meal
and 501 meals per day will cost $1.35 per meal, with
three other levels in between. Staff anticipate 710
children will be served daily this summer.
The meals will be served at noon to youths between the
ages of 1 and IB, Monday through Friday, in a
supervised setting. There is n❑ ceiling ❑n the number
of children who can be served; therefore, a
concentrated effort will be made to serve as many
children as possible within each neighborhood. (Any
youth, age 1-18, coming t❑ the site qualifies.)
The grant will reimburse $1.87 per meal for operating
expenses (site supervisor salaries, mileage, and
benefits; consumable supplies; and food cost
reimbursements) and $.1475 per meal for administrative
expense (meal serve, monitor contractual salary and
mileage, some administrative personnel and fringe
benefits, office supplies, audit expenses, and some
indirect costs). The funding will completely cover all
direct costs associated with the Program.
Page 327
Staff anticipates that the initiation of this Program
will enhance attendance at all 12 sites and will be a
catalyst to get youth involved in the other supervised
programs provided at each site.
The Parks and Recreation Board reviewed the grant
application on March 27, 1990, and recommended that the
City Council approve City participation in the program.
Motion was made by Councilman Patterson, seconded by
Mayor Pro Tem Baker to authorize Resolution #3359 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
90-49A-,327-•235
(20.) Consider Resolution #3360 authorizing the Mayor to
execute a Release of Claims in the City of Lubbock vs.
BIF, Inc. and Jack Cooper Construction Company, Inc.
aka Triple C Construction Company, Inc.
RESOLUTIIIN #336O
BE I'T RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Release of
Claims in the City of Lubbock vs. BIF, Inc. and Jack Cooper Construction
Company, Inc. a/k/a Triple C Construction Company, 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 26th day of April, 1990.
Zs/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO FORME:
s Rosanne Piatt
Rosanne Piatt, Assistant City Attorney
FULL RELEASE
For Valuable Consideration, the receipt and sufficiency of which is
hereby acknowledged, The City of Lubbock FULLY RELEASES AND DISCHARGES BIF,
General Signal Controls, Inc., and General Signal Corporation, including
their officers, directors, employees, representatives subsidiaries,
affiliates, successors, and assigns from any claim or cause of action,
including without limitation (1) any claim or cause of action which was
raised or could have been raised in Cause No. 86-514628; City of Lubbock v.
BIF. Iric. and Jack Cooper Construction Company, Inc.; In the 99th District
Court of Lubbock County, Texas; (2) any claim or cause of action arising
out of or related to that certain incident occurring on or about January 1,
1984 when the "pipe gallery" of the City of Lubbock's Municipal Water
Treatment Plant flooBE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
Page 328
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 Release of
Claims in the City of Lubbock vs. BIF, Inc. and Jack Cooper Construction
Company, Inc. a/k/a Triple C Construction Company, 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 26th day of April, 1990.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO FORM:
s Rosanne Piatt
Rosanne Piatt, Assistant City Attorney
FULL RELEASE
For Valuable Consideration, the receipt and sufficiency of which is
hereby acknowledged, The City of Lubbock FULLY RELEASES AND DISCHARGES bif,
General Signal Controls, Inc., and General Signal Corporation, including
their officers, directors, employees, representatives subsidiaries,
affiliates, successors, and assigns from any claim or cause of action,
including without limitation (1) any claim or cause of action which was
raised or could have been raised in Cause No. 86-514628; City of Lubbock v.
B1F, Inc. and Jack Cooper Construction Company, Inc.; In the 99th District
Court: of Lubbock County, Texas; (2) any claim or cause of action arising
out of or related to that certain incident occurring on or about January 1,
1984 when the "pipe gallery" of the City of Lubbock's Municipal Water
Treatment Plant flooded; and (3) any claim or cause of action arising out
of or related to the rate of flow controller, butterly valve, venturi tube
and/or electric valve actuator manufactured by BIF and installed in the
City of Lubbock's Municipal Water Treatment Plant in 1982.
The City of Lubbock further agrees to cause the entry of a take -
nothing judgment or a dismissal with prejudice of the said Cause No. 86-
514628; City of Lubbock v. BIF, Inc. and Jack Cooper Construction Company,
Inc.; iin the 99th District Court of Lubbock County, Texas.
The City of Lubbock warrants that it is the owner of the claims being
released.
Executed the 26th day of April, 1990.
The City of Lubbock
By: /s/ B. C. McMinn
B. C. McMINN, MAYOR"""""'
NOTED and AGREED:
Zsl Rosanne Piatt
John Ross, Jr., City Attorney
Dennis W. McGill, Trial Attorney
Rosanne Piatt, Assistant City Attorney
Attorneys for The City of Lubbock
CITY DF LUBBOCK
vs.
BIF, INC. AND JACK COOPER
CONSTRUCTION COMPANY, INC.
A/K/A/ TRIPLE C CONSTRUCTION
COMPANY, INC.
Page 329
NO. 86-514,628
IN THE 99TH DISTRICT COURT
OF
LUBBOCK COUNTY, TEXAS
RELEASE OF ALL CLAIMS
_YHE:RE:AS, on or about January 1, 1984, a pipe gallery at the City of
Lubbock's Municipal Water Treatment Plant was flooded, which incident
resulted in damage to Plaintiff's plant; and
WHEREAS, thereafter the City of Lubbock, filed suit in the 99th
District Court of Lubbock County, Texas, being Cause No. 86-514,628, styled
City of Lubbock vs. BIF, Inc., and Jack Cooper Construction Company, a/k/a
Triple C Construction Company, Inc., seeking to recover property damage
sustained by the City of Lubbock, all as more fully set out in the
pleadings filed in said cause; and said suit is pending in said Court; and
WHEREAS, Plaintiff desires to settle and compromise all claims for
damages arising by virtue of said incident as above -described, it being
understood and agreed that the liability of Defendant, Jack Cooper
Construction Company, Inc., a/k/a Triple C Construction Company, Inc. is
doubtful, and this settlement is being made for the purpose of avoiding
further litigation, and the said Defendant, Jack Cooper Construction
Company, Inc., a/k/a Triple C Construction Company, Inc., is in nowise
admitting liability; and the judgment is to be entered in the above suit
providing the Plaintiff take nothing by its suit herein and taxing the
costs against the Defendants; and
WHEREAS, Highlands Insurance Company on behalf of Jack Cooper
Construction Company, Inc., a/k/a Triple C Construction Company, Inc., has
agreed to pay the sum of TWELVE THOUSAND FIVE HUNDRED NINETY-THREE AND
80/100 DOLLARS [$12,593.80], in full and final settlement of all claims
arising by virtue of said incident as above -described; and
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
THAT FOR AND IN CONSIDERATION OF THE SUM OF TWELVE THOUSAND FIVE
HUNDRED NINETY-THREE AND 80/100 DOLLARS ($12,593.80), cash in hand paid,
receipt of which is hereby acknowledged and confessed, said payment being
made by Jack Cooper Construction Company, Inc., a/k/a Triple C Construction
Company, Inc., and their insurer, Highlands Insurance Company, the
undersiigned, City of Lubbock, of Lubbock County, Texas, by and through its
duly authorized representative, does hereby release, acquit and forever
discharge the said Jack Cooper Construction Company, Inc., a/k/a Triple C
Construction Company, Inc., and Highlands Insurance Company, and all
persons and/or parties in privity with them or either of them, from any and
all claims, actions, causes of action, demands, damages, costs, loss of
services, expenses and compensation on account of or in any way growing out
of that: certain incident that occurred on or about January 1, 1984, as
described hereinabove and more particularly described in Plaintiff's First
Amended Original Petition on file in this cause.
I., THE UNDERSIGNED, do further warrant and represent that I have read
the above and foregoing instrument and that I understand that this is a
full, final and complete release and settlement of any and all claims,
held, owned or possessed by the City of Lubbock against the said Jack
Cooper Construction Company, Inc., a/k/a Triple C Construction Company,
Inc., and Highlands Insurance Company, and all persons and parties in
privity with them by reason of said incident as above described. I am
executing this release as Mayor of the City of Lubbock and represent that
am authorized to act for and on behalf of said City.
Page 330
WHEREFORE, WITNESS THE HANDS OF THE UNDERSIGNED, this the 26th day of
April, A.D. 1990.
CITY OF LUBBOCK
By: Is1 B. C. McMinn
B. C. "PECK" McMINN, MAYOR
ATTEST:
Zsl Ranette Boyd
Ranette Boyd, City Secretary
APPROVED:
City of Lubbock
P.D. Box 2000
Lubbock, Texas 79457
By: Lsj' Rosanne Piatte
Rosanne Piatt, Assistant City Attorney
ATTORNEYS FOR PLAINTIFFS
The City filed suit in 1986 against Jack Cooper
Construction Company, aka Triple C Construction Co.,
Inc. and BIF, Inc. for damages sustained at the City's
Water Treatment Plant in 1984. A coupling on a
backwash line in a pipe gallery separated during a
backwash cycle and resulted in rapid flooding of the
pipe gallery, which caused extensive damage to
electrical equipment and the water filter. The pipe
gallery had been constructed less than a year before by
Jack Cooper Construction. In the suit City Staff
alleged defective construction caused the flooding and
also that BIF was responsible for the faulty
manufacture and installation of the valve which failed.
The City engaged in investigation, discovery and
settlement negotiations with the defendants.
Jack Cooper Construction filed for bankruptcy in 1986
which automatically suspended all legal proceedings.
In late 1989, upon Staff motions, the U.S. Bankruptcy
Court lifted the Automatic Stay of Proceedings to allow
the City's suit against Jack Cooper Construction to
proceed, and the lifting of the Stay prompted the
defendants to reopen settlement negotiation. The
original claim was for $40,000, and after receiving the
City's demand letter, the defendants offered to settle
for $25,187.80. Upon signature of the Release of
Claims by the Mayor, the defendants pledged to send the
City two checks in the amount of $12,593.90. The
action against the defendants will be dismissed in
District Court if Council authorizes this Settlement.
The City Attorney recommended this settlement offer.
Motion was made by Councilman Phillips, seconded by
Councilwoman Trejo to authorize Resolution #3360 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
90-49A-330-236
(22.) BID #10641--Light bars and sirens (Central .Garage).
Big Country Supply, Abilene--20 ea. Siren IPA System.
G&C Police Supply, Garland--20 ea. Emergency light
bars; 2 ea. Utility light bars.
Page 331
Motion was made by Councilman Maloy, seconded by
Councilman Patterson to authorize low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
90-49A-331-237
(23.) BID #10609--
RESOLUTION #3361
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 Rhode Construction Company for turnkey
construction of an effluent pump station, 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 26th day of April, 1990.
s B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
Is/ IRanette� Ba d
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
ZsZ Gene Eads
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 26th day of April, 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 Rhode Construction Company 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. 10609 - EFFLUENT PUMP STATION FOR THE AMOUNT OF $1,138,000.00
and all extra work in connection therewith, under the terms as stated in
the contract documents and at his (or their) own proper cost and expense to
furnish all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance and other accessories and services
necessary to complete the said construction in accordance with the contract
documents as defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after
the date written notice to do so shall have been given to him and to
substantially complete same within the time specified in the contract
documents.
Page 332
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)
Is/ Ranette Bo.�d
City Secretary
APPROVED AS TO CONTENT:
Is1 Gene fads
Gene Eads, Purchasing�Manager
COMPLETE ADDRESS:
Rhode Construction Company, Inc.
8207 Ithaca
Lubbock, Texas 79423
Is/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Is1 Harold Willard
Harald Willard, Assistant City
RHODE CONSTRUCTION COMPANY, INC.
CONTRACTOR
By: /s/�
TITLE: President
ATTEST:
5
Secretary
Rhode Construction Co. --Turnkey construction of
effluent pump station.
Motion was made by Councilman Maloy, seconded by
Councilman Patterson to authorize Resolution #3361 as
recommended by Staff. Motion carried: 7 Yeas; 0 Hays.
90-49A-•332-238
(24.) BIU #10635--Aerial Lift Unit and Service Bodies
JCentral Garage].
American Equipment & Trailer--1 ea. 36' Aerial lift
unit and service body as per Spec. 702; 3 ea. 12-yard
dump body as per Spec. 722; 1 ea. Stake bed as per
Spec. 723; 1 ea. Stake bed as per Spec. 723-F.
Hobbs/Fruehauf Trailers--3 ea. Utility body as per
Spec. 708; 1 ea. Utility body as per Spec. 708-L; 1 ea.
Utility body as per Spec. 727.
Motion was made by Councilman Maloy, seconded by
Councilman Patterson to authorize low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
Page333
90-49A 333-239
(25.) BID #10640--Kingsaate Park irrigation, and authorize
same (Parks and Recreation.).
RESOLUTION #3362
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 Wallace Sprinkler Company for Kingsgate
Park Irrigation, 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 26th day of April, 1990.
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPRO 1:D AS TO CONTENT:
Gene Eads
Gene Eads, Purchasing Manager
STATE OF TEXAS
COUNTY OF LUBBOCK
Is1 B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Zs/ Harold Willard
Harold Willard, Assistant
City Attorney
CONTRACT
THIS AGREEMENT, made and entered into this 26th day of April, 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 Wallace Sprinkler Company, 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. 10640 - KINGSGATE PARK IRRIGATION FOR THE AMOUNT OF $73,650.00
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
furniish 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.
Page 334
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)
Is1 Ranette Boyd
City Secretary
APPROVED AS TO CONTENT:
Gene Eads, Purchasing Manager
COMPLETE ADDRESS:
Wallace Sprinkler Company, Inc.
4011 8►Fth Street
Lubbock, Texas 79423
Is1 B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Is1 Harold Willard
Harald Willard, Assistant City
WALLACE SPRINKLER COMPANY, INC.
CONTRACTOR
By: /s/
TITLE: President
ATTEST:
5
Secretary
Wallace Sprinkler Co.
Motion was made by Councilman Malay, seconded by
Councilman Patterson to authorize Resolution #3362 as
recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
(21.) Hold an Executive Session to discuss land acquisition
(Water !Utilities).
There being no further business to come before Council, motion was made by
Councilman Patterson, seconded by Mayor Pro Tem Baker to adjourn the
meeting at 11:37 a.m. Motion carried: 7 Yeas; 0 Nays.
6. C. McMINN, MAYOR
qnt
Boyd, City 5e e—ltiFy
READ AND APPROVED THIS 10TH DAY OF MAY, 1990.
B. C. McMINN, MAYOR
ATT T:
Ran tte Boyd, City cr ary
ND
READ INGORDISECONANCES
ORDINANCE NO,93e9
AN ORDINANCE ALTERING
THE PRIMA FACIE SPEED LIM-
ITS ON CERTAIN PORTIONS OF
174TH STREET, AS HEREINAF-
TER MORE PARTICULARLY
DESCRIBED IN THE BODY OF
THIS ORDINANCE; DIRECTING
PLACEMENT OF SIGNS WITH
RESPECT THERE70: REPEAL-
ING CONFLICTING ORDI-
NANCES TO THE EXTENT OF
SUCH CONFLICT; APPLICATION
I+OF THIS ORDINANCE ONLY TO
I NAMED HEREIN.- PROVIDING
THIS ORDINANCE SHALL 8E
CUMULATIVE; PROVIDING A
jIJISAV-
INGS CLAUSE; AND PROVIDING
1 FOR PUBLICATION.
1111 ORDINANCE ""'' 50
AN OiMOINANCc AMEND-
IING SECTION 19-2[!51(21 OF THE
CODE OP ORDINANCES OF THE
CITY OF LUBBOCK, TEXAS, BY
DELETINGTHE LUBSOCK GARDEN AND ARTS CENTER •
THOSE SELECTED PARX FA-
CILITIES AT WHICH THE SALE
ANDIOR CONSUMPTION OF AL- '
ICOHOL MAY BE PERMITTED;
(PROVIDING A SAVINGS t
,CLAUSE; AND PROVIOI NG FOR
PUBLICATION.
ORDINANCE No.93,1
AN
INGARTOIC RDEIXWOrCHAPTER l
2 OF THE CODE OF OR-Ol,
NANCES OF THE CITY OF Z Us_
BOCK. TEXAS. WITH REGARD
TO THE BOARD OF CITY DE_
VELDPMENT BY AMENDING
THE BOARD'S DUTIES TO COM-
PLY WITH CURRENT STATE
LAWS ANC( BY REPEALING
CERTAIN SECTIONS OF THE
ARTICLE WHICH ARE NO LONG-
ER NEEDED; PROVIDING A
SAVINGS CLAUSE; AND PRO.
VIDING FOR PUBLICATION.
ORDINANCE NO.9W
AN ORDINANCE ADOPTING
MULES OF THE CITY OF LUB-
IOM TEXAS, FOR PRIVATE
EWAGE FACIILITI£S.
I.4T6
R-436
H e rt r y a Notary Public in and for Lubbock County, Texas on this day
T- I. Aiu f i-I I o A c r1. o n t— Nan a a- r of the Southwestern Newspa-
ishers of the Lubbock Avalanche -Journal — Morning, and Sunday, who being by me duly
ay that saiden a lspa rth�as a been published continuously for more than fifty-two weeks pri-
of this
No. 824074 at Lubbock County, Texas and the attached print-
p r i is � MeoYpy ithIrfAnal and was printed in the Lubbock
the following dates:
C-
n a e r jNOTARY PUBLIC i d for the State of Texas
yCommission Expire&.......JLJ. - ..� o�`
HE -JOURNAL
per Corporation TONYA KDblic
Notary PuSTATE OF Tto before me this 29 day ofgc�l+n FxP Blu