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HomeMy WebLinkAboutMinutes - City Council - Regular - 6/28/1990Page 478 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING JUNE 28, 1990 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 28th day of June, 1990 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 10:00 A.M. Present: Mayor B. C. McMinn, Mayor Pro Tem Joan Baker, Councilman T. J. Patterson, Councilman Gary Phillips, Councilman Bill Maloy, Councilman M. J. Aderton, 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 Deputy City Manager Bob Cass. ( 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. ( 3.) Motion was made by Councilman Patterson, seconded by Councilman Phillips to approve the Minutes of the June 14, 1990 Regular City Council meeting as written. Motion carried: 7 Yeas; 0 Nays. ( 4.) Board Appointments 90-49A-478-332 ( 5.) A representative from BCI will appear to request rental assistance for July, 1990 tournaments. On June 8, 1990, the West Texas Basketball Congress International, Lubbock Hotel/Motel Association and the Lubbock Restaurant Association to Sherri Murphree, Director of the Lubbock Visitors and Convention Bureau, submitted a request for rental assistance for the Municipal Coliseum and the Civic Center Exhibit Hall for the BCI Tournaments which are scheduled for July 2-7 (Girls Summer Prep), July 16-20 (Boys Summer Prep), July 26-31 (Boys Jr. Prep), and August 6-11 (Girls Jr. Prep). The Incentive Committee met on June 19, 1990, reviewed the income, and approved incentives for partial rental assistance. The Incentive Committee, made up of two members of the Lubbock Visitors and Convention Bureau Board and two members of the Civic Center Board, was created three years ago, and at that time the City Council created an Incentive Fund equivalent to 1/4 cent of the hotel/motel tax (or about $53,089) for the 1989/90 year to pay for rent at the Civic Center for conventions and for busing (transportation) costs for conventions. Of the $53,089 for this year, the available noncommitted funding in the Incentive Fund is $8,330. The Committee consensus was that some reserve was needed, and they voted to recommend that $5,000 of the current fiscal year's funds be committed for the building rent for the July BCI tournaments, subject to BCI obtaining the balance of the building rent from another source. June 28, 1990 Page 479 The rent will vary depending upon the number of games played each day. For instance, for seven games per day the total building rent will be $16,097, less the $5,000 committed leaving a balance of $11,097. For ten games per day the total building rent will be $18,512, less the $5,000 committed leaving a balance of $13,512. The per -day rental for BCI would be $685 for seven games or $790 per day for ten games, and the standard rent for the Coliseum is $1,575 per day. BCI is receiving a reduction of 56.5% for seven -game days and 50% for ten games per day. The proposed charge includes the standard $342 holiday charge for July 4. The tournament from July 26-31 will be in the Exhibit Hall of the Civic Center and will require additional labor to move the Texas Tech basketball floor and goals from the Coliseum to the Civic Center and back. The original Ordinance outlining the operation of the Auditorium/Coliseum in 1955 and carried over in the Civic Center's Ordinance in 1977 states that "The Board is authorized to make agreements for use of the building in consideration for Council standing policy at the Auditorium/Coliseum be self-supporting .... it being further provided that a minimum actual cost of operating fee shall be determined and collected for any event held in the Auditorium or Coliseum and no free use of the buildings shall be permitted, extended or granted to any individual, organization or group except for the City of Lubbock use." Civic Lubbock, Inc. has followed throughout the years the premise which requires that when they sponsor a group, (i.e. Fiestas or Holiday Happening, etc.), a check is written to the General Fund for the rent. Both the UIL and Caprock Tournaments are also scheduled at the Coliseum and have received the same discounted rate quoted to BCI. The UIL tournament was scheduled for two days (February 23-24) and paid $1,006 rent and the Caprock Tournament was scheduled for three days (December 28-30) and paid $2,139. Civic Lubbock, Inc. Board met on Thursday, June 21, 1990, and discussed the request from BCI. They are projecting a deficit of $6,880 for 1989/90 and do not have the funds to pay the rent on behalf of BCI, and it is their opinion that the rent should not be waived because of the number of non-profit organizations using the facilities and the number of conventions required to pay rent. It was estimated that the fund balance at the end of this fiscal year should be approximately $54,113 plus interest earned year-to-date. An accounting of that fund year-to-date with the estimated balance is provided below: 1989/90 Beginning Year Balance $116,265 1989/90 Revenue Estimate -20,564 $136,829 June 28, 1990 Page 480 Revenue and Expenses: Lubbock Lake Site Grand Opening $ 7,716 Relocation of Utilities at Lubbock Lake Site 60,000 Student Ambassador Trip to Japan 15,000 *Balance $ 54,113 *plus interest BCI Tournament ($11,097 - $13,512) Projected Fund Balance $43,076 - $40,060 Ray Chapman and Monte Hasie appeared to request financial support from the City to help pay for Coliseum Rental. Staff reviewed the request and recommended that the rent be paid from the Hotel/Motel Special Projects Fund; however, it is anticipated that other requests exceeding the funds allocated through the Incentive Fund, may also request assistance. These will have to be handled on a case -by -case basis. Motion was made by Councilman Maloy, seconded by Mayor Pro Tem Baker to approve request of BCI for rental assistance for July, 1990 tournaments. Motion carried: 7 Yeas; 0 Nays. 90-49A-480-333 ( 7.) Chuck Kershner will appear to request a Loudspeaker Permit on behalf of the Jazz Restaurant employees for July 2. 1990 from 7:00 p.m. until 11:00 p.m. Mr. Kershner's request was for a Loudspeaker Permit on behalf of the Jazz Restaurant employees (at the Four Bar K Ranch, 98th and Detroit). According to Staff memo, Mr. Kershner has met the requirements of the Loudspeaker Ordinance. Due to the fact that the event will be held in a residential area and will take place in the late evening hours, Council approval is necessary. Motion was made by Mayor Pro Tem Baker, seconded by Councilwoman Trejo to approve issuance of a Loudspeaker Permit to the Jazz Restaurant employees for July 2, 1990. Motion carried: 7 Yeas; 0 Nays. 90-49A-480-334 ( 8.) Chuck Kershner will appear to request a Loudspeaker Permit on behalf of the Yates Family for July 7, 1990 from 7:00 p.m. until 11:00 p.m. Mr. Kershner's request for a Loudspeaker Permit was on behalf of the Yates Family in conjunction with a family reunion (at the Four Bar K Ranch at 98th and Detroit) scheduled for July 7, 1990. City Council approval of this request is necessary due to the fact that the event will be held within a residential area and in the late hours. Motion was made by Mayor Pro Tem Baker, seconded by Councilwoman Trejo to approve issuance of a Loudspeaker Permit to the Yates Family for July 7, 1990. Motion carried: 7 Yeas; 0 Nays. June 28, 1990 Page 481 90-49A-481-335 ( 9•) 90-49A-481-336 (10.) 90-49A-481-337 (11.) 27, 1990 from 7:00 p.m. until 11:00 p.m. Mr. Kershner's request for this Loudspeaker Permit was on behalf of Coronado High School's Twenty -Year Class Reunion (at the Four Bar K Ranch at 98th and Detroit) on July 27, 1990. Mr. Kershner has met the requirements of the Loudspeaker Ordinance. City Council approval of this request was necessary due to the fact that the event is being scheduled within a residential area and during the late evening hours. Motion was made by Mayor Pro Tem Baker, seconded by Councilwoman Trejo to approve issuance of a Loudspeaker Permit to Coronado High School's 20 Year Class Reunion on July 27, 1990. Motion carried: 7 Yeas; 0 Nays. Royce Jimenez will appear on behalf of Templo Alabanza Unida Church to request a Loudspeaker Permit for July 4. 1990 from 11:00 a.m. until 8:00 p.m. Royce Jimenez's request for a Loudspeaker Permit is in conjunction with a Fourth of July Community Outreach Program to be held July 4, 1990 at 205 Sherman Avenue from 11:00 a.m. until 8:00 p.m. for members of his congregation and youth residing within the area. Council approval is necessary due to the church being located in a residential area. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to approve issuance of a Loudspeaker Permit to Templo Alabanza Unida Church. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #9362--Authorizing the traffic signal at the intersection of Brownfield Road and West Loop 289. ORDINANCE #9362 AN ORDINANCE AUTHORIZING A NEW TRAFFIC SIGNAL ON BROWNFIELD ROAD AT WEST LOOP 289; AND PROVIDING FOR PUBLICATION. Motion was made by Councilwoman Trejo, seconded by Councilman Patterson to pass on second and final reading Ordinance #9362 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A-481-338 (12.) ORDINANCE #9363--Authorizing a traffic signal at the intersection of 34th Street and West Loop 289. ORDINANCE #9363 AN ORDINANCE AUTHORIZING A NEW TRAFFIC SIGNAL ON 34TH STREET AT WEST LOOP 289; AND PROVIDING FOR PUBLICATION. June 28, 1990 Page 482 Motion was made by Councilwoman Trejo, seconded by Councilman Patterson to pass on second and final reading Ordinance #9363 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A-482-339 (13.) ORDINANCE #9364--Authorizing a traffic signal at the intersections of Quaker Avenue and North Loop 289. ORDINANCE #9364 AN ORDINANCE AUTHORIZING A NEW TRAFFIC SIGNAL ON QUAKER AVENUE AT NORTH LOOP 289; AND PROVIDING FOR PUBLICATION. Motion was made by Councilwoman Trejo, seconded by Councilman Patterson to pass on second and final reading Ordinance #9364 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 01011 E,�I:Q[.*?AST., (14.) Consider request of John Abney to amend the Comprehensive Land Use Plan on 52nd and 53rd Streets, east of Slide Road for an extension of the Slide Road Development Plan. The Planning and Zoning Commission considered a request by John Abney for a Comprehensive Land Use Plan change from residential to commercial on 52nd and 53rd Streets, east of Slide to a line consistent with the east property line of Bacon Heights Baptist Church. Although the Plan change indicates the entire area, Mr. Abney presented a series of three maps that indicate possible phases or increments for redevelopment of the property. The ultimate development is proposed to be consistent with the Slide Road Development Plan as done between 54th and 62nd streets. The Planning and Zoning Commission recommended approval of the proposed Plan change request. A number of the residents were at the P&Z meeting, and three others called their support prior to the meeting. There was no opposition to the Plan change. Following are requirements recommended by Staff: General 1. Replat will be required for each phase. Details of utility and other design objectives will be addressed at that point. 2. Either one or several zone cases will be required to accommodate the change from existing R-1 zoning to a Commercial District. 3. For Phases I and II, discussion of the fence materials (brick versus a "temporary" material) was limited to a request by the proponent to use a wood fence for a certain time frame, with a brick fence being required if the next phase were not ready at that point. June 28, 1990 Page 483 Staff recommended the same guideline used in the Slide Road Development Plan for no additional curb cuts on Slide with the use of the 52nd Street stub only for access. Other design details can accompany the zone change request(s) and replat(s). 4. The greatest concern for the interim period(s) represented by Phases I and II is the half block face on 53rd remaining isolated as residential between the church and commercial on the north, until or unless Phase III is implemented. Phase I 1. Cul-de-sac is approximately 1,000' long. The subdivision regulations maximum standard is 600', although there is no alternative if the phased proposal is approved. An additional fire hydrant will be required in the cul-de-sac during replat. 2. Drainage is manageable. Phase II 1. Relocation of cul-de-sac one lot west would match recommendation for relocation of street made at Phase III. 2. Drainage is manageable. Phase III 1. A shift of the north/south street one lot to the west will prevent the new street being directly opposite Lot 150, Bacon Heights Subdivision. The street would line up with the alley east of the Church. 2. Street drainage is manageable. 3. Traffic Engineering recommends any future move to close 53rd be discouraged. If an intersection is signalized along this portion of Slide, 53rd is the best technical choice because it is a "T" intersection and approximately halfway between 50th and 57th. 54th Street would be difficult to signalize because of the staggered offset on each side of Slide Road. The Planning and Zoning Commission recommended this change. Staff memo indicated that if the Plan is approved, subsequent zone changes will be reviewed routinely as being in accordance with the Land Use Plan. The Plan change should adhere to the basic development policies as the original plan between York Avenue and Slide Road. David Goyette made the request for the change on behalf of John Abney. June 28, 1990 Page 484 Motion was made by Mayor Pro Tem Baker, seconded by Councilman Maloy to approve request of John Abney to amend the Comprehensive Land Use Plan on 52nd and 53rd Streets, east of Slide Road for extension of the Slide Road Development Plan as recommended by P&Z and City Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A-484-341 ( 6.) A representative from the Lubbock Cultural Affairs Council will appear to present recommendations for grant funding. On January 11, 1990, the City Council approved an Agreement whereby the City would pay to the Cultural Affairs Council the sum of $106,178 for the encourage- ment, promotion and improvement of all forms of art in the community. The $106,178 represents that amount collected from 1/2 cent of the Hotel/Motel Tax during the fiscal year ended September 30, 1989. The Agreement provides that a review committee of the Cultural Affairs Council will receive and evaluate applications for grants and make recommendations to the City Council for the awarding of these grants. A listing of the recommendations of the Cultural Affairs Council Review Committee totalling $38,600 in grants for the first grant period of 1990 is as follows: Total Funded City of Lubbock Fine Arts Center $ 2,300 "Created Histories" - Photographic Exhibition Lubbock Symphony Orchestra 3,800 Side by Side Concert with Youth Symphony Orchestra Lubbock Symphony Orchestra 8,000 Youth Concerts Ballet Lubbock 5,000 "The Nutcracker Ballet" TTU, UC Cultural Events 2,500 "Into the Woods" TTU, UC Activities 2,000 American Indian Dance Theatre TTU, University Theatre 2,000 American College Theatre Festival TTU, College of Education Bilingual- 500 Multicultural Resource Center "Viva La Musica" - Music and Cultural Program TTU, College of Education Bilingual- 1,500 Multicultural Resource Center "La Ofrenda de Los Muertos" - A Mexican Tradition Fiestas del Llano 5,000 "16 de Septiembre" - Fiestas Patrias Celebration June 28, 1990 Page 485 90-49A-485-342 (15.) Fourth U.S. Cavalry Regiment 3,000 (Memorial) Association First Annual National Horse Cavalry Olympics & Exposition University - Civic Chorale 3,000 Family Christmas Concert Motion was made by Councilman Patterson, seconded by Councilman Maloy to approve request of the Lubbock Cultural Affairs Council for grant funding as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Consider Resolution #3401 authorizing the Mayor to execute a Contract of Sale for the Pullen Farm (one mile east of the City limits on East 19th Street). RESOLUTION #3401 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 disposal of sewage effluent as an integral part of the sewage disposal system of the City of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described tract of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to - wit: The Northwest Quarter (NW/4) of Section 73, Block A, Lubbock County, Texas, SAVE AND EXCEPT that portion of subject conveyed to Abie J. Mowad and wife, Naomi E. Mowad, by instrument of record dated September 13, 1974, and recorded in Volume 1402, Page 421 of the Deed Records of Lubbock County, Texas, and being further described as follows: A tract of land out of Section 73, Block A, Lubbock County, Texas, and being more particularly described as follows: BEGINNING at a 1" iron pipe set 30.00 feet South 00211' West and 55.00 feet East of the Northwest corner of Section 73, for the Northwest and beginning corner of this tract; THENCE East, a distance of 260.00 feet to a 1" iron pipe set for the Northeast corner of this tract; THENCE South 00211' West, a distance of 465.37 feet to a 1" iron pipe set for the Southeast corner of this tract; THENCE West, a distance of 290.00 feet to a 1" iron pipe set for the Southwest corner of this tract; THENCE North 00211' East, a distance of 180.51 feet to a 1" iron pipe; THENCE North 06211'43" East, a distance of 286.53 feet to the PLACE OF BEGINNING. June 28, 1990 Page 486 SECTION 2. THAT 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 and the Right -of -Way Department of the City of Lubbock is authorized to offer the owner of said land, being Faye 0. Reynolds Pullen, the amount of $172,700.00, which is the amount appraised as the value and total damages, for the fee simple title and acquisition of said real estate hereinabove described, and that unless such offer is accepted by July 15, 1990, the City Attorney is authorized to proceed with condemnation proceedings. Passed by the City Council this 28th day of June, 1990. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: s Ed Buc /s/ Harold Willard Ed Bucy, Right -of -Way Agent Harold Willard, Assistant Attorney City Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK A CONTRACT OF SALE This Contract of Sale is made by and between FAYE 0. REYNOLDS PULLEN, (herein referred to as "SELLER") and the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation of Lubbock County, Texas, (referred to herein sometimes as "CITY" and sometimes as "BUYER"). RECITALS: 1. SELLER owns 157.00 acres of land, more or less, located in Lubbock County, Texas, and all improvements located upon the land. 2. SELLER desires to sell and CITY desires to buy the above described property, herein referred to as "the PULLEN FARM," free and clear of all liens, claims and encumbrances, and upon the terms and conditions hereinafter set forth. AGREEMENT: PROPERTY For the consideration hereinafter set forth and upon all terms, conditions and provisions herein contained, SELLER agrees to sell and convey to BUYER, and BUYER agrees to purchase the following described property located in Lubbock County, Texas: A. Real Property: A total of 157.00 acres of land, more or less, and more particularly described as follows: The Northwest Quarter (NW/4) of Section 73, Block A, Lubbock County, Texas, SAVE AND EXCEPT that portion of subject conveyed to Abie J. Mowad and wife, Naomi E. Mowad, by instrument of record dated September 13, 1974, and recorded in Volume 1402, Page 421 of the Deed Records of Lubbock County, Texas, and being further described as follows: June 28, 1990 Page 487 A tract of land out of Section 73, Block A, Lubbock County, Texas, and being more particularly described as follows: BEGINNING at a 1" iron pipe set 30.00 feet South 00111' West and 55.00 feet East of the Northwest corner of Section 73, for the Northwest and beginning corner of this tract; THENCE East, a distance of 260.00 feet to a 1" iron pipe set for the Northeast corner of this tract; THENCE South OOzll' West, a distance of 465.37 feet to a 1" iron pipe set for the Southeast corner of this tract; THENCE West, a distance of 290.00 feet to a 1" iron pipe set for the Southwest corner of this tract; THENCE North OO1211' East, a distance of 180.51 feet to a 1" iron pipe; THENCE North 061211'43" East, a distance of 286.53 feet to the PLACE OF BEGINNING. This conveyance shall be subject to all written oil, gas and other minerals leases, restrictions, covenants, reservations and mineral severances and rights -of -way of record in Lubbock County, Texas, or visible upon the ground, but only to the extent they are still in force and effect at the time of such conveyance. This Agreement to sell and convey property specifically includes the property above described together with all the rights and appurtenances pertaining thereto and all improvements thereon. SELLER hereby reserves all minerals unto herself and all mineral leasing privileges. B. Personal Property: This Agreement to sell and convey the property above described shall specifically include irrigation wells, underground tile, and any other improvements situated on the real property herein described. II. CONSIDERATION BUYER shall pay to SELLER the purchase price for the real property as follows: A. Cash: ONE HUNDRED SEVENTY-TWO THOUSAND SEVEN HUNDRED AND NO/100 DOLLARS ($172,700.00) cash to be paid by BUYER to SELLER at closing. B. Adjustment of Sales Price: The sales price of ONE HUNDRED SEVENTY-TWO THOUSAND SEVEN HUNDRED AND NO/100 DOLLARS ($172,700.00) is based upon the total acreage of 157.00 acres, more or less. It is understood that BUYER has the right to cause a survey to be made at BUYER'S expense to -determine the exact boundaries, encroachments and number of acres contained in the property acquired by BUYER. In the event the total number of acres as determined by the survey is different than the above stated acreage, the total sales price will be adjusted upward or downward according to the difference by the sum of ONE THOUSAND ONE HUNDRED AND N0/100 DOLLARS ($1,100.00) per acre. June 28, 1990 Page 488 EVIDENCE OF TITLE Within ten (10) days from the date of this Contract, BUYER will cause a preliminary title insurance commitment to be issued at BUYER'S expense. BUYER shall inform SELLER in writing within ten (10) days of the date BUYER receives said title insurance commitment if BUYER discovers objections or defects which prevent the issuance of a title policy in the form required. SELLER will use her best efforts to correct, within thirty (30) days, said objections and defects. If SELLER is unable to correct said objections and defects at or before closing, then BUYER may elect to declare this Contract terminated and of no further force and effect; or BUYER may waive the objections and defects to title and agree to accept the title as not conforming in all respects to the foregoing requirements, in which event, this sale shall be closed as herein provided. The title commitment and policy will be issued from the title company selected by BUYER. IV. TAXES A. Ad Valorem Taxes: It is understood that the ad valorem taxes for 1988 and 1989 and all previous years have been paid and that prorated taxes for 1990 to the date of closing will be paid by SELLER. M CONDITIONS PRECEDENT The obligations of the parties to consummate this transaction are subject to the fulfillment, at or prior to closing, of each of the following conditions: A. A title policy issued in favor of CITY as hereinabove set forth. B. CITY is able to secure from SELLER such legal documents as may be required to consummate this transaction, including the acquisition of good and indefeasible title to the property which is the subject of this Contract of Sale, free and clear of all liens, claims and encumbrances as herein provided or which may appear at the time of closing, including a general warranty deed from the SELLER and appropriate release of all liens. C. Compliance with all laws applicable to CITY as may be necessary to effectuate this Contract, together with the issuance and funding of all necessary debt financing of CITY with respect to the purchase. D. The acquisition of the real estate is free and clear of all claims of any parties in possession so that CITY is free, beginning January 1, 1991, or at the end of the 1990 crop year, whichever occurs last, to enter into any contract for the use, operation, management or maintenance of the PULLEN FARM as CITY may desire, subject to the rights of SELLER to harvest crops for the 1990 crop year as herein provided. Immediately upon execution of this Contract, SELLER and BUYER each agree to diligently pursue in good faith all actions as may be necessary to fulfill the above conditions as soon as reasonably possible. VI. CONTRACT BINDING This Contract and all covenants and agreements herein shall inure to the benefit of and be binding upon the parties hereto and upon their respective heirs, administrators, executors, successors and assigns. June 28, 1990 Page 489 P1R9 PLACE OF PERFORMANCE The parties agree that all payments, remedies and conditions performable under the terms of this Contract shall be payable and performable in Lubbock County, Texas. VIII. PROPERTY ACCEPTED AS IS BUYER represents that it has inspected the property and agrees to accept the real property and all personal property and improvements conveyed AS IS, WHERE IS and WITH ALL OF THEIR FAULTS; and said property is being sold without any warranty as to quality or fitness, save and except those representations made in a general warranty deed and bill of sale in the standard form provided by the State of Texas. SELLER does not warrant as to the total footage of underground pipe; the total footage of fences; the condition of any improvements or irrigation equipment; or the total acreage or boundaries. IX. NOTICE Any notice given or made for any purpose pursuant to this Contract shall be valid if in writing and sent by certified mail, return receipt requested, postage prepaid, addressed as follows: If to SELLER: Mrs. Faye 0. Reynolds Pullen 7902 Knoxville Lubbock, Texas 79423 If to BUYER: John C. Ross, Jr. City Attorney CITY OF LUBBOCK P. 0. Box 2000 Lubbock, Texas 79457 Either party may, at any time, and from time to time, in the manner set forth herein for the giving of notice, change the address of such party as designated in this paragraph. X. CROPS It is understood and agreed that all of the feed and harvested crops on hand, as well as the growing of crops for the year 1990 and proceeds of sale from all such crops, belong to and are being retained by the SELLER, and SELLER has the right to continue the harvest of all crops without liability or obligation to BUYER. XI. REALTOR BUYER and SELLER represent to each other that neither party has retained a realtor or broker with respect to this Contract of Sale and no realtor or broker fees are due to any party. June 28, 1990 Page 490 XII. CLOSING Time is of the essence in this Contract. It is understood that after this Contract is executed actions are required by both SELLERS and BUYER in order to satisfy the conditions precedent, and that closing will occur on or before July 15, 1990. Closing shall take place at the office of the title company selected by BUYER, or such other place as the parties may mutually agree. At the time of closing, all documents are to be executed and delivered, and all monies are to be paid. XIII. GENERAL CONDITIONS A. Possession: BUYER shall acquire the right to own and operate the PULLEN FARM as of January 1, 1991, or at the end of the 1990 crop year, whichever occurs last. B. Entire Agreement: This Contract embodies the entire agreement and understanding of the parties and supersedes any and all prior letters of intent, agreements, arrangements and understandings relative to the subject matter hereof. C. Contract Survives: The terms and conditions of this Contract shall survive closing and are enforceable as between the parties hereto, their heirs, legal representatives, successors and assigns. D. Counterparts: This Contract may be executed in one or more counterparts, each of which shall be effective as an original. IN WITNESS WHEREOF, the parties hereto have executed this Contract of Sale, effective this 28th day of June, 1990. /s/ Faye 0. Reynolds Pullen FAYE 0. REYNOLDS PULLEN CITY OF LUBBOCK: BY:/s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Ed Buc Ed Bucy, Right -of -Way Agent SELLER: BUYER: APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney June 28, 1990 Page 491 THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared FAYE 0. REYNOLDS PULLEN, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 28th day of June, 1990. Is/ Gary A. Ward Notary Public in and for the State of Texas THE STATE OF TEXAS § COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared B. C. McMINN, MAYOR of the City of Lubbock, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 28th day of June, 1990. /s/ Olivia R. Solis Notary Public in and for the State of Texas This Resolution authorizes the Mayor to sign a Sales Contract for approximately 157.0 acres of land out of the Northwest Quarter of Section 73, Block A, Lubbock County, Texas, owned by Mrs. Faye 0. Reynolds Pullen. Mrs. Pullen accepted the Right -of -Way Department's offer of $1,100 per acre (or $172,700) for the 157 acres. According to Staff comments, these two parcels (Pullen and Anderson) are the best two tracts of land at the Grey Farm site for expansion, and since the owners are willing sellers, Staff plans to close on the property on or before July 15, 1990. Staff recommended approval of this offer for $172,700. Motion was made by Councilman Maloy, seconded by Councilman Patterson to authorize Resolution #3401 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A-491-343 (16.) Consider Resolution #3402 authorizing the Mayor to execute a Contract of Sale for the Anderson Farm (two miles east of the City limits on East 50th Street). RESOLUTION #3402 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 disposal of sewage effluent as an integral part of the sewage disposal system of the City of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: June 28, 1990 Page 492 SECTION 1. THAT the fee simple title to the following described tract of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to - wit: Approximately 317.589 acres of land more particularly described as the East one-half (1/2) of Section 5, Block S, Abstract No. 440, Lubbock County, Texas. SECTION 2. THAT 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 and the Right -of -Way Department of the City of Lubbock is authorized to offer the owners of said land, being Edmond A. Anderson and his wife, Helen L. Anderson, and Henry Louis Anderson, the amount of $364,348.00, which is the amount appraised as the value and total damages, for the fee simple title and acquisition of said real estate hereinabove described and improvements located thereon, and that unless such offer is accepted by June 29, 1990, the City Attorney is authorized to proceed with condemnation proceedings. Passed by the City Council this 28th day of June, 1990. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: Isl Ed Buc /s/ Harold Willard Ed Bucy, Right -of -Way Agent Harold Willard, Assistant City Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK 2 CONTRACT OF SALE This Contract of Sale is made by and between EDMOND A. ANDERSON and his wife, HELEN L. ANDERSON, both of Lubbock County, Texas, and HENRY LOUIS ANDERSON of Bexar County, Texas, (collectively referred to herein as "SELLERS") and the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation of Lubbock County, Texas, (referred to herein sometimes as "CITY" and sometimes as "BUYER"). RECITALS: 1. SELLERS own 317.589 acres of land, more or less, located in Lubbock County, Texas, and all improvements located upon the land. 2. SELLERS desire to sell and CITY desires to buy the above described property, herein referred to as "the ANDERSON FARM," free and clear of all liens, claims and encumbrances, and upon the terms and conditions hereinafter set forth. AGREEMENT: June 28, 1990 Page 493 I. PROPERTY For the consideration hereinafter set forth and upon all terms, conditions and provisions herein contained, SELLERS agree to sell and convey to BUYER, and BUYER agrees to purchase the following described property located in Lubbock County, Texas: A. Real Property: A total of 317.589 acres of land, more or less, and more particularly described as follows: The East 1/2 of Section 5, Block S, Abstract No. 440, Lubbock County, Texas. This conveyance shall be subject to all written oil, gas and other minerals leases, restrictions, covenants, reservations and mineral severances and rights -of -way of record in Lubbock County, Texas, or visible upon the ground, but only to the extent they are still in force and effect at the time of such conveyance. This Agreement to sell and convey property specifically includes the property above described together with all the rights and appurtenances pertaining thereto and all improvements thereon. SELLERS hereby reserve all minerals unto themselves and all mineral leasing privileges. B. Personal Property: This Agreement to sell and convey the property above described shall specifically include irrigation wells, underground tile, and any other improvements situated on the real property herein described. C. Payment for Personal Property: Improvements and structures located on the above described real property are valued at $15,000 and payment of such amount therefor is considered separate from the land purchase price and will be paid at the time of closing. II. CONSIDERATION BUYER shall pay to SELLERS the purchase price for the real property as follows: A. Cash: THREE HUNDRED FORTY-NINE THOUSAND THREE HUNDRED FORTY- EIGHT AND NO/100 DOLLARS ($349,348.00) cash to be paid by BUYER to SELLERS at closing. B. Adjustment of Sales Price: The sales price of THREE HUNDRED FORTY-NINE THOUSAND THREE HUNDRED FORTY-EIGHT AND NO/100 DOLLARS ($349,348.00) is based upon the total acreage of 317.589 acres, more or less. It is understood that BUYER has the right to cause a survey to be made at BUYER'S expense to determine the exact boundaries, encroachments and number of acres contained in the property acquired by BUYER. In the event the total number of acres as determined by the survey is different than the above stated acreage, the total sales price will be adjusted upward or downward according to the difference by the sum of ONE THOUSAND ONE HUNDRED AND NO/100 DOLLARS ($1,100.00) per acre. June 28, 1990 Page 494 EVIDENCE OF TITLE Within two (2) days from the date of this Contract, BUYER will cause a preliminary title insurance commitment to be issued at BUYER'S expense. BUYER shall inform SELLERS in writing within five (5) days of the date BUYER receives said title insurance commitment if BUYER discovers objections or defects which prevent the issuance of a title policy in the form required. SELLERS will use their best efforts to correct, within ten (10) days, said objections and defects. If SELLERS are unable to correct said objections and defects at or before closing, then BUYER may elect to declare this Contract terminated and of no further force and effect; or BUYER may waive the objections and defects to title and agree to accept the title as not conforming in all respects to the foregoing requirements, in which event, this sale shall be closed as herein provided. The title commitment and policy will be issued from the title company selected by BUYER. IV. TAXES A. Ad Valorem Taxes: It is understood that the ad valorem taxes for 1988 and 1989 and all previous years have been paid and that prorated taxes for 1990 to the date of closing will be paid by SELLERS. M CONDITIONS PRECEDENT The obligations of the parties to consummate this transaction are subject to the fulfillment, at or prior to closing, of each of the following conditions: A. A title policy issued in favor of CITY as hereinabove set forth. B. CITY is able to secure from SELLERS such legal documents as may be required to consummate this transaction, including the acquisition of good and indefeasible title to the property which is the subject of this Contract of Sale, free and clear of all liens, claims and encumbrances as herein provided or which may appear at the time of closing, including a general warranty deed from the respective SELLERS and appropriate release of all liens. C. Compliance with all laws applicable to CITY as may be necessary to effectuate this Contract, together with the issuance and funding of all necessary debt financing of CITY with respect to the purchase. D. The acquisition of the real estate is free and clear of all claims of any parties in possession so that CITY is free, beginni,ng January 1, 1991, or at the end of the 1990 crop year, whichever occurs last, to enter into any contract for the use, operation, management or maintenance of the ANDERSON FARM as CITY may desire, subject to the rights of SELLERS to harvest crops for the 1990 crop year as herein provided. Immediately upon execution of this Contract, SELLERS and BUYER each agree to diligently pursue in good faith all actions as may be necessary to fulfill the above conditions as soon as reasonably possible. June 28, 1990 Page 495 VI. CONTRACT BINDING This Contract and all covenants and agreements herein shall inure to the benefit of and be binding upon the parties hereto and upon their respective heirs, administrators, executors, successors and assigns. VII. PLACE OF PERFORMANCE The parties agree that all payments, remedies and conditions performable under the terms of this Contract shall be payable and performable in Lubbock County, Texas. VIII. PROPERTY ACCEPTED AS IS BUYER represents that it has inspected the property and agrees to accept the real property and all personal property and improvements conveyed AS IS, WHERE IS and WITH ALL OF THEIR FAULTS; and said property is being sold without any warranty as to quality or fitness, save and except those representations made in a general warranty deed and bill of sale in the standard form provided by the State of Texas. SELLERS do not warrant as to the total footage of underground pipe; the total footage of fences; the condition of any improvements or irrigation equipment; or the total acreage or boundaries. IX. NOTICE Any notice given or made for any purpose pursuant to this Contract shall be valid if in writing and sent by certified mail, return receipt requested, postage prepaid, addressed as follows: If to SELLERS: Mr. and Mrs. Edmond A. Anderson Route 15, Block 580 Lubbock, Texas 79415-9620 Mr. Henry Louis Anderson 1518 Beconsfield Street San Antonio, Texas 78216 If to BUYER: John C. Ross, Jr. City Attorney CITY OF LUBBOCK P. 0. Box 2000 Lubbock, Texas 79457 Either party may, at any time, and from time to time, in the manner set forth herein for the giving of notice, change the address of such party as designated in this paragraph. X. CROPS It is understood and agreed that all of the feed and harvested crops on hand, as well as the growing of crops for the year 1990 and proceeds of sale from all such crops, belong to and are being retained by the respective SELLERS, and SELLERS have the right to continue the harvest of all crops without liability or obligation to BUYER. June 28, 1990 Page 496 XI. REALTOR BUYER and SELLERS represent to each other that neither party has retained a realtor or broker with respect to this Contract of Sale and no realtor or broker fees are due to any party. XII. CLOSING Time is of the essence in this Contract. It is understood that after this Contract is executed actions are required by both SELLERS and BUYER in order to satisfy the conditions precedent, and that closing will occur on or before June 29, 1990. Closing shall take place at the office of the title company selected by BUYER, or such other place as the parties may mutually agree. At the time of closing, all documents are to be executed and delivered, and all monies are to be paid. XIII. GENERAL CONDITIONS A. Possession: BUYER shall acquire the right to own and operate the ANDERSON FARM as of January 1, 1991, or at the end of the 1990 crop year, whichever occurs last. B. Entire Agreement: This Contract embodies the entire agreement and understanding of the parties and supersedes any and all prior letters of intent, agreements, arrangements and understandings relative to the subject matter hereof. C. Contract Survives: The terms and conditions of this Contract shall survive closing and are enforceable as between the parties hereto, their heirs, legal representatives, successors and assigns. D. Counterparts: This Contract may be executed in one or more counterparts, each of which shall be effective as an original. IN WITNESS WHEREOF, the parties hereto have executed this Contract of Sale, effective this 28th day of June, 1990. /s/ Edmond A. Anderson EDMOND A. ANDERSON CITY OF LUBBOCK: BY:/s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Ed Buc Ed Bucy, Right -of -Way Agent SELLERS: /s/ Helen L. Anderson HELEN L. ANDERSON /s/ Henry Louis Anderson HENRY LOUIS ANDERSON BUYER: b192:t1P1411.&M 1 /s/ Harold Willard Harold Willard, Assistant City Attorney June 28, 1990 Page 497 THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared EDMOND A. ANDERSON, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 29th day of June, 1990. s Tom N. Jones Notary Public in and for the State of Texas THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared HELEN L. ANDERSON, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 29th day of June, 1990. /s/ Tom N. Jones Notary Public in and for the State of Texas THE STATE OF TEXAS § COUNTY OF BEXAR § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared HENRY LOUIS ANDERSON, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 29th day of June, 1990. /s/ Kathy Stulting Notary Public in and for the State of Texas THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared B. C. McMINN, MAYOR of the City of Lubbock, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 28th day of June, 1990. /s/ Olivia R. Solis Notary Public in and for the State of Texas This Resolution authorizes the Mayor to sign a Sales Contract for approximately 317.589 acres of land out of the east half of Section 5, Block S which is needed for addition to the Grey farm. The owners of this tract of land are Edmond A. Anderson, Helen L. Anderson, and Henry Louis Anderson. After much negotiation, Staff June 28, 1990 Page 498 was able to acquire the land for $1,100 per acre for a total of $349,348. A house, barn, and several irrigation improvements on this property are valued at $15,000. Therefore, the City's total offer to the Anderson's is $364,348, and Staff plans to close on this property on or before June 29, 1990. Staff recommended approval. Motion was made by Councilman Maloy, seconded by Councilman Patterson to authorize Resolution #3402 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A-498-344 (17.) Consider Resolution #3403 authorizing the Mayor to execute an Amendment to a Funding Agreement with Guadalupe -Parkway Neighborhood Centers, Inc. RESOLUTION #3403 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an, Amendment No. 2 to Resolution No. 2911 for Community Development Funding Agreement between the City of Lubbock and Guadalupe -Parkway Neighborhood Centers, 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 28th day of June, 1990. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Sandy Ogletree Sandy Ogletree, Community Development Administrator /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Rosanne Piatt Rosanne Piatt, Assistant City Attorney AMENDMENT NO. 2 TO RESOLUTION #2911 FOR COMMUNITY DEVELOPMENT FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND GUADALUPE-PARKWAY NEIGHBORHOOD CENTERS, INC. THE STATE OF TEXAS COUNTY OF LUBBOCK The Amendment to an Agreement is entered into this 28th day of June, 1990, between the City of Lubbock, Texas, a home rule municipal corporation, hereinafter called "City" and Guadalupe -Parkway Neighborhood Center, Inc., a nonprofit corporation incorporated under the laws of the State of Texas, hereinafter called "Grantee". June 28, 1990 Page 499 SECTION 1. WITNESSETH: AGREEMENT PERIOD The parties hereto agree to amend Section 1. Agreement Period of the Funding Agreement to extend the termination date from the amended date of May 31, 1990, to the new termination date of May 31, 1991. IN WITNESS WHEREOF, the City and the Corporation have executed this Agreement as of the first day above written. CITY OF LUBBOCK GUADALUPE-PARKWAY NEIGHBORHOOD CENTERS, INC s B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Sandy Ogletree Sandy Ogletree, Community Development Administrator APPROVED AS TO FORM: /s/ Dennis McGill Dennis McGill, Trial Attorney Executive Director On September 8, 1988, the City Council approved a Funding Agreement with Guadalupe -Parkway Neighborhood Centers, Inc. The Agreement provided Guadalupe -Parkway Neighborhood Centers with an amount not to exceed $113,000 from the CDBG allocation which the City received on June, 1988. The assistance is to be used for the building design and construction of a multi- purpose building at the Parkway Neighborhood Center located at 405 N. Quirt. The Agreement includes a provision that requires Guadalupe -Parkway Centers to provide 25% of the funding for the project. The matching fund policy was established by the Community Development Advisory Committee in an effort to leverage public and private dollars for Community Development. To assist Guadalupe -Parkway Neighborhood Centers in their efforts to obtain the necessary matching funds, the City authorized $12,000 for the purpose of securing design services to develop plans and specifications for the Parkway facility. The preliminary plans for the Parkway facility have been completed. During the 1990-91 CDBG allocation process, Guadalupe - Parkway received an additional $25,000 for the construction of the Parkway facility. The total CDBG commitment is now $138,000, and the current cost estimates for the construction of the multi -purpose facility is $179,000. June 28, 1990 Page 500 At the present time, Guadalupe -Parkway Centers is in the process of obtaining the necessary matching funds to begin the construction phase of the Parkway Center facility. A targeted Capital Fund Drive began in March and will be completed December 1, 1990. Guadalupe - Parkway Neighborhood Centers, Inc. has requested that the termination date of the Agreement be extended from May 31, 1990 to May 31, 1991. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to authorize Resolution #3403 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A-500-345 (18.) Consider Ordinance #9365 revising speed limits on 82nd Street from University Avenue to Frankford Avenue. ORDINANCE #9365 AN ORDINANCE TEMPORARILY ALTERING THE PRIMA FACIE SPEED LIMIT ON CERTAIN PORTIONS OF 82ND STREET, AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR APPLICATION OF THIS ORDINANCE ONLY TO THE STREETS OR HIGHWAYS NAMED HEREIN AND MAKING IT CUMULATIVE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO; PROVIDING FOR EXPIRATION OF THIS ORDINANCE 90 DAYS AFTER ITS EFFECTIVE DATE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 90-49A-500-346 (19.) This Ordinance establishes a speed limit of 45 MPH on 82nd Street from University to Frankford. The Ordinance was drafted at the direction of the City Council as a test to determine if the 85th percentile speed is affected by the reduced speed limit signs that will be posted, and it establishes a speed limit of 45 mph on this area of 82nd Street. Motion was made by Councilwoman Trejo, seconded by Councilman Maloy to pass on first reading Ordinance #9365 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. lighting improvements. RESOLUTION #3404 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock Amendment No. 2 to a Grant Agreement with the Federal Aviation Administration for Project No. 3-48-0138-08, 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. June 28, 1990 Page 501 Passed by the City Council this 28th day of June, 1990. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary 1 �i1. M($00]aIIIkv /s/ Bern E. Case Bern E. Case, Director of Aviation s B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney CONTRACT NO. DOT-FA-88SW-8576 LUBBOCK INTERNATIONAL AIRPORT LUBBOCK, TEXAS AMENDMENT NO 2 TO GRANT AGREEMENT FOR PROJECT NO. 3-48-0138-08 WHEREAS, the Federal Aviation Administration (hereinafter referred to as the "FAA") has determined it to be in the interest of the United States that the Grant Agreement between the FAA, acting for and on behalf of the United States, and the City of Lubbock, (hereinafter referred to as the "Sponsor"), accepted by said Sponsor on the 29th day of September, 1988, be amended as hereinafter provided. NOW THEREFORE, WITNESSETH: That in consideration of the benefits to accrue to the parties hereto, the FAA on behalf of the United States, on the one part, and the Sponsor, on the other part, do hereby mutually agree that Special Condition No. 11 on Page 4 of 5 of the Grant Agreement is hereby revised to read as follows: not withstanding the provisions of Standard Condition No. 1 above, the maximum obligation of the United States payable at this time under this offer shall be $4,011,185 from funds appropriated for Fiscal Years 1988 and 1989 and 1990 under the Airport and Airway Safety and Capacity Expansion Act of 1989. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to said Grant Agreement to be duly executed as of the 28th day of June, 1990. CITY OF LUBBOCK, TEXAS /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary CERTIFICATE OF SPONSOR'S ATTORNEY UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION /s/ George D. Conley Title: Manager, Safety and Standards Branch I, Harold Willard, acting as Attorney for City of Lubbock, That I have examined the foregoing Amendment to Grant Agreement and the proceedings taken by said Sponsor relating thereto, and find that the execution thereof by said Sponsor has been duly authorized and is in all respects due and proper and in accordance with the laws of the State of Texas, and further that, in my opinion, said Amendment to Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. June 28, 1990 Page 502 Dated at Lubbock, Texas, on this 28th day of June, 1990. APPROVED AS TO CONTENT: /s/ Bern Case Bern Case, A.A.E. Director of Aviation /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney This Resolution authorizes the Mayor to sign an Amendment to an FAA grant for taxiway, apron and lighting improvements. This Amendment increases the maximum obligation of the United States from $3,418,199 to $4,011,185. The total cost of the project is estimated to be $5,125,403, with the FAA portion being $4,612,862.70. The remaining FAA portion will be forthcoming in a grant amendment at the end of the project. This amendment provides the remaining funding for the original grant which was expanded to include a third aircraft position on the west ramp reconstruction project. Staff recommended approval. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to authorize Resolution #3404 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A-502-347 (20.) Consider Resolution #3405 authorizing the acceptance of water and sewer improvements for Tract H, I, and J, Lakeridge Country Club Estates Addition. RESOLUTION #3405 RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR TRACTS H, I, AND J, LAKERIDGE COUNTRY CLUB ESTATES ADDITION. WHEREAS, the developer of Tracts H, I, and J, Lakeridge Country Club Estates Addition have complied with the provision of the City of Lubbock Code, Chapter 28, Article IV, by providing the water and sewer improvements for said addition in accordance with paragraph 156 of said Chapter 28; and WHEREAS, the total utility cost to the developer is $88,179.91 with the improvements constructed by Panhandle Construction Co. having a value of $49,633.63 as determined by the unit prices established by said Chapter 28, and $38,546.28 cash paid to the City, including $35,378.25 for adjacent lines, with Lakeridge Country Club Estates and Myers Financial Corporation, the developer to receive a refund of $0.00 in accordance with Chapter 28 of the Code of the City of Lubbock and a refund of deposit in the amount of $151.55; and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $0.00 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $151.55. June 28, 1990 Page 503 SECTION 4. THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 28th day of June, 1990. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Wilford D. Watson Wilford D. Watson, Chief Water Utilities Engineer s B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney This is a routine acceptance of water and sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $88,179.91, including construction costs of $49,633.63 and $38,546.28 cash paid to the City (including cost of adjacent lines of $35,378.25). The developers, Lakeridge Country Club Estates and Myers Financial Corporation, will receive a refund of deposit in the amount of $151.55. Staff recommended acceptance of these improvements. Motion was made by Councilman Phillips, seconded by Councilman Aderton to authorize Resolution #3405 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A-503-348 (21.) Consider Resolution #3406 authorizing acceptance of water and sewer improvements for Lots 1 through 56 Preston Hills Addition. RESOLUTION #3406 RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 1 THROUGH 56, PRESTON HILLS ADDITION. WHEREAS, the developer of Lots 1 through 56, Preston Hills Addition have complied with the provision of the City of Lubbock Code, Chapter 28, Article IV, by providing the water and sewer improvements for said addition in accordance with paragraph 156 of said Chapter 28; and WHEREAS, the total utility cost to the developer is $50,640.74 with the improvements constructed by Craft Construction Co. having a value of $32,713.49 as determined by the unit prices established by said Chapter 28, and $17,927.25 cash paid to the City, including $16,072.59 in adjacent lines costs, with Lubbock Land Co., the developer to receive a refund of $14,653.53 in accordance with Chapter 28 of the Code of the City of Lubbock and a refund of deposit in the amount of $0.00; and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $14,653.53 be made in accordance with said Chapter 28. June 28, 1990 Page 504 SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 28th day of June, 1990. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Wilford D. Watson Wilford D. Watson, Chief Water Utilities Engineer 90-49A-504-349 /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney This is a routine acceptance of water and sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $50,640.74 including construction costs of $32,713.49 and $17,927.25 cash paid to the City (including cost of adjacent lines of $16,072.59). The developer, Lubbock Land Company, will receive a refund of $14,653.53 in accordance with Chapter 28 of the City of Lubbock Code. Staff recommended acceptance of these improvements. Motion was made by Councilman Phillips, seconded by Councilman Aderton to authorize Resolution #3406 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. (22.) Consider Resolution #3407 requesting that the City of Lubbock be included in the Texas Water Development Board Fiscal Year Intended Use Plan (State Revolving Fund). RESOLUTION #3407 RESOLUTION REQUESTING TO BE INCLUDED ON THE TEXAS WATER DEVELOPMENT BOARD FISCAL YEAR 1991 INTENDED USE PLAN THE STATE OF TEXAS § COUNTY OF LUBBOCK § CITY OF LUBBOCK § WHEREAS, the City of Lubbock, Texas, (hereinafter referred to as City) has reviewed its wastewater needs and found that it is necessary to construct wastewater facilities to meet those needs; and WHEREAS, the City deems it necessary to express its interest and com- mitment to seek funds from the Texas Water Development Board's (hereinafter referred to as Board) State Water Pollution Control Revolving Fund (herein- after referred to as SRF) in order to finance its wastewater needs; and WHEREAS, in order to secure future financing from the SRF, the City must make certain commitments to the Board to be placed on the Board's Intended Use Plan; and June 28, 1990 Page 505 WHEREAS, the City has determined that it has the financial capability to finance projects through the SRF to meet its wastewater needs; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1. THAT the City will take necessary actions to fund the project(s) designated as long term improvements to wastewater treatment and disposal facilities through a loan from the SRF from the Texas Water Development Board. SECTION 2. THAT the City is hereby informing the Board of its desire to receive financial assistance in the amount of $50,600,000 from the Board's SRF. SECTION 3. THAT the City filed an application for a loan from the SRF and submitted the environmental information document and engineering report by March 15, 1990 and is currently proceeding as expeditiously as possible to secure a loan commitment from the Board. SECTION 4. THAT the City will strictly adhere to the project schedule negotiated with the Board and will meet all federal and state requirements. SECTION 5. THAT a certified copy of this Resolution shall be submitted to the Board to insure that the City will be included in the Fiscal Year 1991 Intended Use Plan. Passed by the City Council this 28th day of June, 1990. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Dan A Hawkins Dan A. Hawkins, Director of Water Utilities THE STATE OF TEXAS COUNTY OF LUBBOCK CITY OF LUBBOCK IsI B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney CERTIFICATE FOR RESOLUTION We, the undersigned officers of said City, hereby certify as follows: 1. The City Council of said City convened in Lubbock, Texas, meeting on the 28th day of June, 1990, in the City Council Chambers at the Municipal Building, 1625 13th Street, and the roll was called of the duly contituted officers and members of said City Council, to -wit: Mayor B. C. McMinn Councilwoman Maggie Trejo Councilman Marcus J. Aderton Councilman Gary Phillips Mayor Pro Tempore Joan Baker Councilman T. J. Patterson Councilman Bill Maloy and all of said persons were present, except the following absentees: - none- , thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written June 28, 1990 Page 506 RESOLUTION REQUESTING TO BE INCLUDED ON THE TEXAS WATER DEVELOPMENT BOARD FISCAL YEAR 1991 INTENDED USE PLAN was duly introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said Resolution be adopted; and after due discussion, said Motion carrying with it the adoption of said Resolution, prevailed and carried by the following vote: AYES: 7 NAYS: 0 2. That a true, full and correct copy of the aforesaid Resolution adopted at the meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Resolution has been duly recorded in said City Council's minutes of said meeting; that the above and foreoing paragraph is a true, full and correct excerpt from said City Council's minutes of said meeting pertaining to the adoption of said Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the aforesaid meeting, and that said Resolution would be introduced and considered for adoption at said meeting, and each of said officers and members consented, in advance, to the holding of said meeting for such purpose, and that said meeting was open to the public and public notice of the time, place and purpose of said meeting was given, all as required to Article 6252-17, Vernon's Ann. Civ. Stat. 3. That the Mayor of said City has approved and hereby approves the aforesaid Resolution; that the Mayor and the City Secretary of said City have duly signed said Resolution; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Resolution for all purposes. SIGNED AND SEALED THE 28TH DAY OF JUNE, 1990. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary The City of Lubbock is currently being considered for inclusion in the Texas Water Development Board's State Revolving Fund Program for major improvements to its wastewater collection and treatment systems. The City submitted a formal Engineering Report and Environmental Information Document on March 15, 1990 which currently is being reviewed by the Development Board's technical Staff. Staff anticipates meeting with the Board's Staff in July to answer any questions concerning submittals. Staff was informed by the Board's Staff that Lubbock is included in their Fiscal Year 1990 Intended Use Plan for over $21 million of the anticipated $50 million total cost of this project. The actual commitment of the Board for loaning this money to Lubbock will be determined once their review of the information submitted by the City has been completed. In order to be considered for 1991 funding on the remainder of the project, the City of Lubbock must do two things. First, a letter must be sent to the Texas Water Development Board before July 1, 1990 requesting that this project be considered for the Fiscal Year June 28, 1990 Page 507 1991 Intended Use Plan. Based upon a review of recent bids received for similar projects, the estimated project cost has increased by $1,200,000 to account for reassessment of inflation between now and the anticipated bid dates for the various construction contracts of the project. The request from the City of Lubbock to the Texas Water Development Board will therefore be for $28,760,000 for fiscal year 1991. Second, the City Council must pass a resolution requesting that Lubbock be included in the Fiscal Year 1991 Intended Use Plan. This resolution will be similar to the one passed by Council June 22, 1989 for the Texas Water Development Board's 1990 Intended Use Plan. The rules and regulations of the Texas Water Development Board require that a certified copy of the resolution be received by the Board prior to July 26, 1990. The letter requesting inclusion of Lubbock's project in the Fiscal Year 1991 Intended Use Plan has already been sent to the Board. Staff recommended approval of this Resolution. Motion was made by Councilman Maloy, seconded by Mayor Pro Tem Baker to authorize Resolution #3407 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A-507-350 (23.) Consider Resolution #3408 authorizing the Mayor to execute an Addendum to a Pole Attachment Agreement with Cox Cable Lubbock, Inc. RESOLUTION #3408 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Addendum to a Contract by and between the City of Lubbock and Cox Cable Lubbock, Inc., for pole rentals, 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 28th day of June, 1990. ATTEST: /s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Carroll McDonald Carroll McDonald, Assistant City Manager for Utilities /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney June 28, 1990 Page 508 THE STATE OF TEXAS ADDENDUM COUNTY OF LUBBOCK WHEREAS, Section 7 of that certain Contract executed by and between the City of Lubbock, Texas, and Cox Cable Lubbock, Inc., executed on the 25th day of July, 1985, provides that the rental fee provided therein for pole attachments by Cox Cable Lubbock, Inc., to City of Lubbock poles shall be subject to renegotiation at five (5) year intervals during the term of the Cox Cable Lubbock Franchise Agreement; and WHEREAS, the City of Lubbock and Cox Cable Lubbock, Inc., have agreed upon the pole rental rates from July 1, 1990 through the end of the Cox Cable Lubbock, Inc., Franchise Agreenment; NOW THEREFORE: KNOW ALL MEN BY THESE PRESENTS: THAT the schedule of pole rental rates shall be FOUR AND NO/100 DOLLARS ($4.00) per pole per year from July 1, 1990 to July 1, 1992. On each July 1st thereafter, the pole rental rates shall be increased by a percentage amount equal to the amount represented by the percentage change in the Consumer Price Index for Lubbock as published by First National Bank at Lubbock from the previous July 1st. Should the Consumer Price Index for Lubbock become unavailable, the index used will be the Consumer Price Index for all urban consumers (CPI-U), the official index published in various sources and as prepared by the United States Department of Labor. In the event the CPI is discontinued, the parties to this Agreement will meet to select a substitute comparision index. If the parties cannot agree upon a equivalent comparison index, a flat percentage rate of six percent (6%) per year will be used until a new index is agreed upon. The above agreed upon pole rental rates shall replace and supersede such pole rental rates as are specified in Section 7 of the pole rental contract by and between the City of Lubbock and Cox Cable Lubbock, Inc., executed July 25, 1985. COX CABLE LUBBOCK, INC. /s/ Randy Wink ATTEST: /s/ Vickie L. Bennett CITY OF LUBBOCK: /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Carroll McDonald Carroll McDonald, Assistant City Manager for Utilities APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The original Pole Attachment Agreement with Trans Video Corporation signed July 25, 1985 provides that the rental fee shall be subject to renegotiation at five- year intervals. Since January 1, 1986, the rental rate has been $3.75 per pole per year on approximately 14,500 poles. June 28, 1990 Page 509 The proposed Addendum will raise the rental fee to $4 per pole per year for two years - July 1, 1990 to July 1, 1992 - and change the rental fee yearly thereafter in accordance with changes in the Consumer Price Index throughout the remaining term of the Cox Cable Lubbock Franchise Agreement. Since the July, 1985 original Agreement, Trans Video Corporation has changed its name to Cox Cable Lubbock, Inc. Staff recommended approval of this Addendum. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to authorize Resolution #3408 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. all (24.) Consider Resolution #3409 authorizing the Mayor to execute a Pole Attachment Agreement with Poka-Lambro to Telephone Cooperative. Inc. RESOLUTION #3409 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement between the City of Lubbock and Poka-Lambro Telephone Cooperative, 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 28th day of June, 1990. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: /s/ Carroll McDonald /s/ Donald G. Vandiver Carroll McDonald, Assistant Donald G. Vandiver, First City Manager for Utilities Assistant City Attorney AGREEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK THAT subject to the terms, conditions and provisions herein contained, the City of Lubbock, Texas, hereinafter referred to as "City," does hereby enter into this Agreement with Poka-Lambro Telephone Cooperative, Inc., hereinafter referred to as "Licensee"; WITNESSETH: WHEREAS, Licensee proposes to furnish telephone communication services to residents of the City of Lubbock, Texas, and vicinity, and the Licensee will need to erect and maintain aerial cables, wires and associated appliances within the area to be served, and desires to attach such cables, wires and appliances to poles of the City; and June 28, 1990 Page 510 WHEREAS, the City is willing to permit, to the extent it may lawfully do so, the attachment of said cables, wires and appliances to its poles where, in its judgment, such use will not interfere with its own service requirements, including considerations of economy and safety; NOW THEREFORE, in consideration of the mutual covenants, terms and conditions herein contained, the parties hereto do hereby mutually covenant and agree as follows: 1. Licensee covenants that it will utilize the electric utility pole installations of the City where available and necessary to carry out its obligation under the terms and conditions of its franchise from the City of Lubbock. Provided, however, before making attachments to any pole or poles of City, Licensee shall make written application at least thirty (30) days prior to the intended connection, addressed to the Director of Lubbock Power and Light or his agent and receive a permit therefor in such form as may from time to time be prescribed by the City. The application will include detailed drawings of the proposed work and specific location data of the pole. 2. Licensee shall, at its own expense, make and maintain said attachments in safest condition and in good repair and in a manner suitable to the City; and so as will not conflict with the use of said poles by the City or by other Licensees or permittees currently using said poles, or interfere with the working use of facilities thereon or which may from time to time be placed thereon by City. Licensee shall at any time, at its own expense, upon adequate notice from the City, promptly relocate, replace or remove its facilities placed on said poles and transfer them to substituted poles, or perform any other work in connection with said facilities that may be required by the City; provided, however, that in cases of emergency the City may arrange to relocate, replace or remove the facilities placed on said poles by Licensee, transfer them to substituted poles or perform any other work in connection with said facilities that may be required in the maintenance, replacement, removal or relocation of said poles, the facilities thereon, or which may be placed thereon, or for the service needs of the City, and the Licensee shall, on demand, reimburse the City for the expense thereby incurred. In the event the City should, in case of emergency, arrange to relocate, replace or remove facilities placed on said poles by Licensee, or in the event the City should transfer them to substituted poles or perform any other work in connection with said facilities which may be required in maintenance, replace- ment, removal or relocation of said poles, the facilities thereon or facilities which may be placed thereon, the Licensee hereby waives any and all claims against the City arising from such action on the part of the City, and the Licensee shall indemnify, save and hold harmless the City from any and all claims for injuries and damage as a result of the City taking any of such actions as set out in this paragraph, and said Licensee hereby waives all claims against the City for liability for interference with service because of any activity of the City during such emergencies or repair of City facilities. Licensee agrees to make no claims whatsoever against the City for any activities on the part of the City taken under any provisions of this paragraph. 3. Licensee's cables, wires and appliances, in each and every location, shall be erected and maintained in accordance with the requirements and specifications of the City, and in compliance with any rules or ordinances of the City now or hereafter placed in effect by the City or other authority having jurisdiction. June 28, 1990 Page 511 4. In the event that any pole or poles of the City to which Licensee desires to make attachments are inadequate to support the additional facilities in accordance with the aforesaid specifications, the Licensee shall indicate on the application the changes necessary to provide adequate poles, thereby requesting that these changes be made. The City will replace such inadequate poles with suitable poles and Licensee will, on demand, reimburse the City of the entire nonbetterment portion of the cost and expense thereof, including the increased cost of larger poles, sacrificed life value of poles removed, cost of removal less any salvage recovery, and the expense of transferring the City's facilities from the old to the new poles. Where Licensee's desired attachments can be accommodated on present poles of the City by rearranging the City's facilities thereon, Licensee will compensate the City for the full expense incurred in completing such rearrangement. Licensee will also, on demand, reimburse the owner or owners of other facilities attached to said poles for any expense incurred by it or them in transferring or rearranging said facilities. Any strengthening of poles (guying) required to accommodate the attachments or Licensee shall be provided by and at the expense of Licensee. 5. The City reserves to itself, its successor and assigns, the right to maintain its poles and to operate its facilities thereon in such manner as will best enable it to fulfill its own service requirements. The City shall not be liable to Licensee for any interruption to service of Licensee or for interference with the operation of the cables, wires and appliances of Licensee arising in any manner out of the use of the City's poles hereunder. 6. The City, because of the importance of its service, reserves the right to inspect each new, changed or rearranged installation of Licensee on its poles; and Licensee shall, on demand, reimburse the City for the expense of such inspections. Such inspections, made or not, shall not operate to relieve Licensee of any responsibility, obligation or liability assumed under this Agreement. 7. Licensee shall pay to the City, for attachments made to poles under this Agreement, a rental at the rate of FOUR AND NO/100 DOLLARS ($4.00) per pole per year from July 1, 1990 to July 1, 1992. On each July 1st thereafter, the pole rental rates shall be increased by a percentage amount equal to the amount represented by the percentage change in the Consumer Price Index for Lubbock as published by First National Bank at Lubbock from the previous July 1st, should the Consumer Price Index for Lubbock become unavailable, the index used will be the Consumer Price Index for all urban consumers (CPI-U), the official index published in various sources and as prepared by the United States Department of Labor. In the event the CPI is discontinued, the parties to this Agreement will meet to select a substitute comparison index. If the parties cannot agree upon a` -equivalent comparison index, a flat percentage rate of six percent (6%) per year will be used until a new index is agreed upon. Said rental shall be payable semi-annually in advance on the first day of January and the first day of July of each year during which this Agreement remains in effect. Semi-annual rental payments shall be based on the number of poles upon which attachments are being maintained on the first day of May and the first day of November, respectively. The first payment of rental hereunder shall include pro rata amount as may be due for use of poles from the effective date hereof. A ten percent (10%) late payment penalty will be charged if payment is not received by the City of Lubbock by thirty (30) days after the statement is rendered. June 28, 1990 Page 512 8. Licensee shall exercise such precautions to avoid damage to facilities of the City and all other facilities currently supported on said poles, and hereby assumes all responsibility for any and all loss or damage caused by Licensee. Licensee shall immediately report to the Director of Lubbock Power and Light the occurrence of any damage done by Licensee, and hereby agrees to reimburse the City for the expense incurred in making necessary repairs. 9. Licensee shall indemnify, protect and save harmless and insure the City from and against any and all claims and demands for damages to property and injury or death to person, including payments made under any workmen's compensation law or under any plan for employee's disability and death benefits, which may arise out of or be caused by the erection, maintenance, present use or removal of said attachments or by the proximity of the respective cables, wires, apparatus and appliances of the parties hereto or by any act of Licensee on or in the vicinity of the City's poles. Licensee shall carry insurance, in such form and in such companies as are satisfactory to the City, to protect the parties hereto from and against any and all claims, demands, actions, judgments, costs, expenses and liabilities of every name and nature which may arise or result, directly or indirectly, from or by reason of such loss, injury or damage. The amounts of such insurance against liability due to damage to property shall be in the minimum amount of ONE HUNDRED THOUSAND AND N0/100 DOLLARS ($100,000.00) as to any one person and FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($500,000.00) as to any one accident, and against liability for injuries or death of persons, FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($500,000.00) as to any one person and ONE MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($1,500,000.00) as to any one accident, but in no event will Licensee's liability be limited in the event of loss or damage in excess of such sums. Licensee shall also carry such insurance as will protect it from all claims under any workmen's compensation laws in effect that may be applicable to it. All insurance required shall remain in force for the entire life of this Agreement, and until all Licensee's lines and attachments are removed from City's poles. The company or companies issuing such insurance shall be approved by the City and each policy shall have attached thereto a waiver of subrogation. Licensee shall submit to the City certificates by each company insuring Licensee to the effect that it has insured Licensee for all liabilities of Licensee under this Agreement, and that it will not cancel or change any policy of insurance issued to Licensee except after thirty (30) days notice to the City Secretary of the City of Lubbock. 10. Licensee may at any time remove its attachments from any pole or poles of the City that are not needed to carry out its obligation under its franchise from City of Lubbock, but shall immediately give the City written notice of such removal in a form prescribed by the City. No refund of any rental shall be due on account of such removal. 11. Upon notice from the City to Licensee that the use of any pole or poles is forbidden by law or objectionable to any public authority, the permit covering the use of such pole or poles shall immediately terminate and the cables, wires and appliances of Licensee shall be removed at once from the affected pole or poles. 12. Bills for inspection expenses and the other charges properly prepared and documented under this Agreement other than rentals shall be payable at the office of the Assistant City Manager for Financial Services/Director of Finance, City Hall, Lubbock, Texas, within thirty (30) days after presentation. Nonpayment of bills shall constitute a default of this Agreement. June 28, 1990 Page 513 13. Failure to enforce or insist upon compliance with any of the terms or conditions of this Agreement shall not constitute a general waiver or relinquishment of any such terms or conditions, but the same shall be and remain at all times in full force and effect. 14. Nothing herein contained shall be construed as affecting the rights or privileges previously conferred by the City, by contract or otherwise, to others, not parties to this Agreement, to use any poles covered by this Agreement; and the City shall have the right to continue and extend such rights or privileges. The attachment privileges herein granted shall at all times be subject to such existing contracts and arrangements. 15. No use, however extended, of the City's poles under this Agreement, shall create or vest in Licensee any ownership or property rights in said poles, but Licensee's rights therein shall be and remain a mere license. Nothing herein contained shall be construed to compel the City to maintain any of said poles for a period longer than demanded by its own service requirements. 16. If Licensee shall fail to comply with any of the provisions of the Agreement, including the specifications hereinabove referred to, or default in any of its obligations or covenants under this Agreement, and shall fail within thirty (30) days after written notice from the City to correct such default or noncompliance, or to comply with any covenant herein made, the City may, at its option, forthwith terminate Licensee's franchise granted by the City of Lubbock, but failure to terminate the franchise shall not be construed to act as an estoppel or waiver of any cause of action for damages for breach of contract or any other action in law or equity available to City. 17. This Agreement shall become effective upon its execution, and if not terminated in accordance with other applicable provisions of this Agreement, shall continue in effect during the term of the franchise heretofore granted to Licensee by Lubbock City Ordinance. Upon termination of this Agreement by termination of Licensee's franchise in accordance with any of the terms of said franchise ordinance, Licensee, shall, within a reasonable time, remove its cables, wires and appliances from all poles of the City. If not so removed the City shall have the right to remove them at the cost and expense of the Licensee and without any liability therefore. 18. Licensee shall furnish bond or evidence of contractual insurance coverage in an amount not less than FIVE THOUSAND AND NO/100 DOLLARS ($5,000.00) in a form and with companies satisfactory to the City to guarantee the payment of any sums which may become due to the City for rentals, inspections, or for work performed for the benefit of the Licensee under this Agreement, including the removal of attachments upon termination of this Agreement by any of its provisions. 19. A complete set of updated maps showing all cable facilities and locations and specifying City poles shall be provided to the City as requested ninety (90) days after execution of this Agreement. 20. Subject to all other provisions of this Agreement, this Agreement shall extend to and bind the successors and assigns of the parties thereto. June 28, 1990 Page 514 EXECUTED by Cooperative, Inc., duplicate on this CITY OF LUBBOCK: the duly and by the 28th /s1 B. C. McMinn B. C. McMINN, MAYOR ATTEST: authorized officers of Poka-Lambro Telephone the Mayor of the City of Lubbock, Texas, in day of June, 1990. POKA-LAMBRO TELEPONE COOPERATIVE, INC.: /s/ Donald Love PRESIDENT /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Carroll McDonald Carroll McDonald, Director of Electric Utilities APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney 90-49A-514-352 (25.) ATTEST: /s/ Wendell B. Morraw Secretary Poka-Lambro proposes to furnish telephone communication services to residents of the City of Lubbock, Texas, and vicinity by erecting and maintaining aerial cables and wires on poles of the City. Poka-Lambro will be responsible for installing the wires and cables and will reimburse the City for any expense incurred to transfer, rearrange, relocate, guy or strengthen poles to accommodate the attachments. The Pole Attachment Agreement provides for a rental fee rate of $4 per pole per year for the first two years. Thereafter, it will be increased according to the CPI-U Index. Motion was made by Councilwoman Trejo, seconded by Councilman Phillips to authorize Resolution #3409 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. RESOLUTION #3410 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 Change Order No. 1 to Bid No. 10305 by and between the City of Lubbock and B & M Construction Co. for Plant II Asbestos Abatement, 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. June 28, 1990 Page 515 Passed by the City Council this 28th day of June, 1990. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is/ Carroll McDonald Carroll McDonald, Assistant City Manager for Utilities BMC CONSTRUCTION CO. 830 Majestic Houston, TX 77020 Gentlemen: /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney CHANGE ORDER NO 1 TO BID NO. 10305 PLANT II ASBESTOS ABATEMENT WHEREAS, it is desirable to make changes in the contract for this project, being namely the following: Removal of asbestos contamined insulation damaged by weather. WHEREAS, expend resources to complete engineering, removal and disposal of insulation. The contract amount will be increased $14,852.00 resulting in a new contract amount of $343,852.00. THIS AGREEMENT WITNESSETH: The Owner and the Contractor agree to the change shown herein on exhibit "A" attached hereto and made a part hereof. The Contractor agrees to proceed with expedited fabrication of the equipment in accordance with the plans and specifications as set forth on exhibit "A". Furthermore, the parties agree that the original contract between the Owner and the Contractor shall be modified to the extent herein indicated. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this 28th day of June, 1990. /s/ Bill Bowlin BILL BOWLIN, PRESIDENT /s/ B. C. McMinn B. C. McMINN, MAYOR RECOMMENDED FOR APPROVAL: /s/ Carroll McDonald Carroll McDonald, Director of Electric Utilities BMC CONSTRUCTION CO. (CONTRACTOR) CITY OF LUBBOCK (OWNER) ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney June 28, 1990 Page 516 ATTACHMENT "A" June 19, 1990 The additional work that the Contractor, BMC, shall perform at the LP&L Power Plant No. 2 is as follows: Boiler No. 5 - 550 sq. ft. of asbestos -containing insulation shall be removed from the south and east sides of the pre -heater unit. Boiler No. 4 - 400 sq. ft. of asbestos -containing insulation shall be removed from the air exhaust duct and 600 sq. ft. of insulation shall be repaired on the induced air unit. Repairs shall be made using techniques acceptable to the owner and the owner's representative. Months of exposure to weather and deterioration since this project was bid has resulted in quantities of material needing removal to increase. The quantities needing removal have been verified by Maxim Environmental, the air monitoring and job management firm on site. Failure to remove these contaminated products would leave LP&L with an environmentally contaminated area subject to an E.P.A. citation. The original Contract price was $329,000, and with the additional cost of $14,852, the new Contract amount is $343,852. Staff recommended approval of this Change Order. Motion was made by Councilman Patterson, seconded by Councilman Phillips to authorize Resolution #3410 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A-516-353 (26.) Consider Resolution #3411 designating Mayor Pro Tempore. RESOLUTION #3411 WHEREAS, the members of the City Council of the City of Lubbock are required to elect a mayor pro tem from among the members of the City Council at the first regular City Council meeting following election and qualification of its members after a City general election pursuant to the judgment in Jones v. City of Lubbock, CA-5-76-34 (Federal District Court -- Northern District of Texas, 1983); and WHEREAS, all members of the City Council have now been elected and qualified; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT Joan Baker is elected mayor pro tem of the Lubbock City Council until such time as a successor may be elected and qualified. June 28, 1990 Page 517 Passed by the City Council this 28th day of June, 1990. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The City Charter requires that every two years after election of City Councilmembers and at the meeting following the seating of the Councilmembers, the Council select a Mayor Pro Tempore to serve for the next two-year term. Councilman Patterson suggested that Mrs. Baker be designated to serve as Mayor Pro Tempore through the remainder of her term as President of the Texas Municipal League which is through December, 1990. Councilman Patterson then expressed his desire to be named Mayor Pro Tempore in January, 1991. Motion was made by Councilman Maloy, seconded by Councilman Aderton to authorize Resolution #3411 designating Councilwoman Baker Mayor Pro Tempore through the end of 1990, and moved further that Council consider this item again at the first meeting in January, 1991. Motion carried: 7 Yeas; 0 Nays. 90-49A-517-354 (27.) BID #10727--Miscellaneous Water Utility items (Central Warehouse). Morrison Supply Co.--48 ea. 4" Clay -PVC adapter; 2 ea. 4" 22-1/2 deg. CI water main bend; 8 ea. 4" 45 deg. CI water main bend; 10 ea. 12" 90 deg. CI MJ ELL; 1 ea. 6"X2" CI reducer; 5 ea. 8"X6" MJ tapping sleeve; 3 ea. 4"X4" MJ water main tee; 8 ea. 4" 90 deg. flanged water main ELL; LOT PRICE: 250 ea. 1"X3-1/2" meter coupling; 350 ea. 1" corporation stop; 50 ea. 3/4" curb stop. A&P Water and Sewer Supplies, Odessa--10 ea. #3 10" AC pad adapter; 1 ea. 12"X4" CI MJ tapping cross; 2 ea. 8" flanged gate valve. Big Country Wtrwks Supplies, Inc.--8 ea. 8"X1" repair clamp. Rohan Co., Waco--20 ea. main valve seat gasket. Clowe & Cowan--30 ea. 4" manhole adjusting ring; 1 ea. 16"X6" stainless tapping sleeve. Oberkampf of Lubbock--100 ea. 3/4"X5" brass coupling. Moore Supply Co.--600' 4" SDR-35 PVC pipe; 50 ea. 3"X1" CC service clamp; 48 ea. 8"X1" service saddle; 30 ea. 4" flexible coupling for cast iron; 1 ea. 12"X12" CI water main cross. June 28, 1990 Page 518 Motion was made by Councilman Phillips, seconded by Councilman Patterson to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 90-49A-518-355 (28.) BID #10729--Herbicides (Central Warehouse). Tri-State Chemical, Brownfield--400 gal. Pramitol- Liquid. Public Health Equip. Supply, San Antonio--48 gal. Roundup -Liquid. Helena Chemical Co.--60 bags Pramitol dry type. Motion was made by Councilman Phillips, seconded by Councilman Patterson to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 90-49A-518-356 (29.) BID #10747--Electric tools (Electric Distribution). Temple, Inc.--18 ea. 25KV blanket; 1 ea. fiberglass switch stick; 4 ea. semiconducting insulation shield removal tool; 6 ea. nylon sling strap hoist; 3 ea. energized high voltage cable detector; 1 ea. AC/DC current meter 1000A clamp -on hand-held; 3 ea. volt/amp meter; 200 ea. single-phase electric meter cover lexan; 200 ea. single-phase electric meter cover lexan. Nelson Electric Supply--8 ea. cable grip extra high strength; 12 ea. cable grip parallel jaw grip; 10 ea. hand line sheave; 4 ea. aerial cable block; 3 ea. cable cutter hand -operated; 3 ea. multi -purpose cutter hand - operated; 6 ea. primary current measurement device. Graybar Electric Co., Amarillo--6 ea. 15KV linehose 7-1/2 lb.; 5 ea. blanket canister; 1 ea. energized line clampstick; 12 ea. cable grip #6; 3 ea. pipe cutter heavy-duty w/long shank; 6 ea. lever hoist single -pawl ratchet; 200 ea. demand reset cover, all -metal; 1 lt. temporary transformer grounding set; 30 c. ring terminal non -insulated. Cummins Supply, Amarillo--5 M lead meter seal w/wire. J. L. Matthews Co., Inc., Fort Worth--6 ea. 15KV linehose 5-3/4 lb.; 16 ea. 15KV linehose 11-1/4 lb.; 10 ea. hand line snap 5,000 lb. Techline Inc., Amarillo--5 St. grounding set, elbow - type single phase; 5 St. grounding set, elbow -type three phase. Poleline Electric Supply, Amarillo--6 ea. wire cutter hydraulic hand-held; 5 ea. AC current probe. Briggs Weaver, Inc., Odessa--8 ea. digital multimeter. Radian Research, Inc., Dallas--1 ea. RM-10 portable metronic watthour standard. Motion was made by Councilman Phillips, seconded by Councilman Patterson to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. June 28, 1990 Page 519 90-49A-519-357 (30.) BID #10693--Roof repairs at various City buildings, and authorize same (Building Services). RESOLUTION #3412 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 City of Lubbock and Lydick -Hooks Roofing Company of Lubbock, Inc. and Texas Roofing Company, Inc. for roof repairs at various City buildings, 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 28th day of June, 1990. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Gene Eads Gene Eads, Purchasing Manager CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK s B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Wilalyd Harold Willard, Assistant City Attorney THIS AGREEMENT, made and entered into this 28th day of June, 1990 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Lydick -Hooks Roofing Company of Lubbock, Inc., and Texas Roofing 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. 10693 - ROOF REPAIRS AT VARIOUS CITY BUILDINGS FOR THE AMOUNT OF #1 - WOODS POOL BUILDING $ 2,520.00 #2 - HOLLY AVENUE POWER PLANT $30,267.00 #4 - MUNICIPAL BUILDING $14,061.00 #5 - POLICE PROPERTY ROOM $36,328.00 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. June 28, 1990 Page 520 The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: CITY OF LUBBOCK, TEXAS (OWNER) /s/ Ranette Boyd City Secretary APPROVED AS TO CONTENT: s Gene Eads Gene Eads, Purchasing Manager TEXAS ROOFING COMPANY, INC. CONTRACTOR By: /s/ TITLE: President ATTEST: /s/ Secretary COMPLETE ADDRESS: /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: s Harold Willard Harold Willard, Assistant City LYDICK-HOOKS ROOFING COMPANY, INC. CONTRACTOR By: /s/ TITLE: President ATTEST: /s/ Secretary Lydick -Hooks Roofing Company of Lubbock, Inc. P.O. Box 2605 Lubbock, Texas 79408 Texas Roofing Company, Inc. P.O. Box 2156 Lubbock, Texas 79408 Lydick -Hooks Roofing Co. --Bid Package #1 - Roof repair at Woods Pool Building; Bid Package #2 - Roof repair Holly Avenue Power Plant; Bid Package #4 - Roof repair at Municipal building. Texas Roofing Co. --Bid Package #5 Roof repair at Police property room. Motion was made by Councilman Phillips, seconded by Councilman Patterson to authorize Resolution #3412 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A-520-358 (31.) BID #10525--Toxicity Analyzing System (Water Utilities). Microbics Corp., Carlsbad, CA Motion was made by Councilman Phillips, seconded by Councilman Patterson to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. June 28, 1990 Page 521 90-49A-521-359 (32.) BID #10728--Electrical Utility wire (Central Warehouse). Temple, Inc. --LOT PRICE: 1,000 lbs. 250 MCM stranded wire; 6,000 lbs. 4/0 stranded wire; 20,000' 15KV cable in pipe. Fields & Co.--4,000' #2 600 V wire. Motion was made by Councilman Phillips, seconded by Councilman Patterson to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 90-49A-521-360 (33.) BID #10708--Carlisle Community Park irrigation, and authorize same (Community Development). RESOLUTION #3413 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 with Scott Irrigation Construction, Inc. for Carlisle Community 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 28th day of June, 1990. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Gene Eads Gene Eads, Purchasing Manager CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney THIS AGREEMENT, made and entered into this 28th day of June, 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 Scott Irrigation Construction, Inc., of the City of Seminole, County of Gaines, 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: June 28, 1990 Page 522 BID NO. 10708 - CARLISLE COMMUNITY PARK IRRIGATION FOR THE AMOUNT OF $21,000.00 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. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: CITY OF LUBBOCK, TEXAS (OWNER) /s/ Ranette Boyd City Secretary APPROVED AS TO CONTENT: s Gene Eads Gene Eads, Purchasing Manager COMPLETE ADDRESS: Scott Irrigation Construction, Inc. P.O. Box 1494 Seminole, Texas 79360 /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s1 Harold Willard Harold Willard, Assistant City SCOTT IRRIGATION CONSTRUCTION, INC. CONTRACTOR By: /s/ TITLE: President ATTEST: /s/ Secretary Scott Irrigation Construction, Inc., Seminole Motion was made by Councilman Phillips, seconded by Councilman Patterson to authorize Resolution #3413 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. (34.) Hold an Executive Session to discuss personnel matters regarding appointments to: Housing Standards Commission June 28, 1990 Page 523 90-49A-523-361 (35.) Consider one appointment to the Housing Standards Commission to fill the unexpired term of Ben Ybanez, which will expire on December 19, 1991. Motion was made by Councilman Phillips, seconded by Councilwoman Trejo to appoint Sally Devita to fill the unexpired term of Ben Ybanez on the Housing Standards Commission. Motion carried: 7 Yeas; 0 Nays. There being no further business to come before Council, motion was made by Councilman Phillips, seconded by Councilman Maloy to adjourn the meeting at 10:50 a.m. Motion carried: 7 Yeas; 0 Nays. Ran tte"Citytary READ AND APPROVED THIS 12TH DAY OF JULY, r ATTES Rane to Boyd, City Secre ry C. c B. C. McM N , MAYOR 1990. I �.40 Z�e� B. C. McMINN, MAYOR 7a C V O ' y °�'° °� c13 CIS w w, M co O .cc w UD s. . � a a 0.0 c� ti c +, In. as zc.c� Cts N � co > u — � O O IV co y Q cts >� w. rn 41 O Bt L . O c O O cn y 41 a C N NQad oz.o> t!4 )0 IYzwLL NJ!-6 & &Z<> W z =o<o �u�O(L � s OU'WO '^tea OQO �N~zU.to G nuz ZO o& Wa i<w••luo Z u WaF-> zm¢Waa z u WLL>ZO =<<au z z RM-Su z~.,ip =~wam z 0 0 o3zaz WW3ga z o3Ir.^<- < z QWV8= < K OZ Vw K ° ozxi< a Oz<-�M v < Wm-° i=?a a<,pa-j ° Z40mo in0� zz4z L. O7 *oi m c to c 7 O u u Q vU) c m c0 c •c. UW L m 7 c m