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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