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Home My WebLink AboutMinutes - City Council - Regular - 8/23/1990CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING AUGUST 23, 1990 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 23rd day of August, 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 Councilman T. J. Patterson. ( 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 August 9, 1990 Regular City Council meeting as written. Motion carried: 7 Yeas; 0 Nays. ( 4.) Board A ointments 90-49B-606-428 ( 5.) 90-49B-606-429 ( 6.) Christy Burford appeared an behalf of Texas Tech Wesley Foundation to request a Loudspeaker Permit in conjunction with a "Welcome Back to Tech" street dance which will take place in front of Wesley Foundation (2420 15th Street). According to Staff memo, this is the third year the Wesley Foundation has held such an activity, and in the past no complaints have been received. Council approval is necessary because of the time and location in which the event is scheduled. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to approve issuance of a Loudspeaker Permit to Texas Tech Wesley Foundation for August 31, 1990. Motion carried: 7 Yeas; 0 Nays. a.m. until 6:00 p.m. in conjunction with the Pallotti Party. Dr. Shaun Callison appeared on behalf of St. Elizabeth's Catholic Church to request a Loudspeaker Permit for September 9, 1990 from 11:30 a.m. until 6:00 p.m. for an outdoor concert. August 23, 1990 Page 607 90-49B--607-430 ( 7.) 90-49B-.607-431 ( 8.) 90-49B-607-432 ( 9.) According to Staff memo, St. Elizabeth's Church has held similar activities in the past, with no complaints from residents. Staff memo also indicated that there are only three homes within a one -block radius of the activity. Council approval is necessary because this event will be held in a residential area. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to approve issuance of a Loudspeaker Permit to St. Elizabeth's Catholic Church for September 9, 1990. Motion carried: 7 Yeas; 0 Nays. Chuck Kershner had submitted a request for a Loudspeaker Permit for August 30, 1990 from 7:00 p.m. until 11:00 p.m. in conjunction with a birthday party. Council approval was necessary because of the location and time in which the event was scheduled. According to Staff memo, Mr. Kershner has met the requirements of the Loudspeaker Ordinance. Motion was made by Mayor Pro Tem Baker, seconded by Councilwoman Trejo to approve issuance of a Loudspeaker Permit to Chuck Kershner for August 30, 1990. Motion carried: 7 Yeas; 0 Nays. meeting. Chuck Kershner had submitted a request for a Loudspeaker Permit for September 12, 1990 from 7:00 p.m. until 11:00 p.m. in conjunction with a regional 1BM meeting. Council approval was necessary because of the location and time in which the event is scheduled. According to Staff memo, all the requirements of the Loudspeaker Ordinance have been met. Motion was made by Mayor Pro Tem Baker, seconded by Councilwoman Trejo to approve issuance of a Loudspeaker Permit to Chuck Kershner for September 12, 1990. Motion carried: 7 Yeas; 0 Nays. Chuck Kershner had submitted a request for a Loudspeaker Permit for September 14, 1990 from 6:30 p.m. until 10:00 p.m. in conjunction with a junior high school birthday party (requested by Gary Greenstreet). According to Staff memo, all requirements of the Loudspeaker Ordinance have been met. Council approval is necessary because of the location and time in which the event is scheduled. August 23, 1990 Page 608 90-49B-608-433 (10.) 90-49B-•608-434 (11.) Motion was made by Mayor Pro Tem Baker, seconded by Councilwoman Trejo to approve issuance of a Loudspeaker Permit to Chuck Kershner for September 14, 1990. Motion carried: 7 Yeas; 0 Nays. Chuck Kershner had submitted a request for a Loudspeaker Permit for September 22, 1990 from 6:00 p.m. until 11:00 p.m. in conjunction with an AMCO Medical party. According to Staff memo, Mr. Kershner has met the requirements of the Loudspeaker Ordinance. Council approval is necessary because of the location and time in which the event is scheduled. Motion was made by Mayor Pro Tem Baker, seconded by Councilwoman Trejo to approve issuance of a Loudspeaker Permit to Chuck Kershner for September 22, 1990. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #9370--Ado2ting the 1990-91 City _of._Lubbock Budget. ORDINANCE #9370 AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR FISCAL YEAR 1990-91; APPROVING REVISED BUDGET FIGURES FOR FISCAL YEAR 1989-90; PROVIDING FOR NECESSARY TRANSFERS OF FUNDS BETWEEN ACCOUNTS AND DEPARTMENTS, IF REQUIRED; APPROPRIATI;:G FUNDS FOR THE 1989-90 FISCAL YEAR BUDGET OF THE CITY OF LUBBOCK; ESTABLISHING CIVIL SERVICE CLASSIFICATIONS; AND PROVIDING FOR A SAVINGS CLAUSE. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to pass on second and final reading Ordinance #9370 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49B--608-435 (12.) DRDINANCE #9371--Setting the Tax Rate for 1990-9 1._ ORDINANCE #9371 AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX UPON ALL PROPERTY SUBJECT TO TAXATION WITHIN THE CITY OF LUBBOCK, TEXAS, FOR THE YEAR 1990, APPORTIONING SAID LEVY AMONG THE VARIOUS FUNDS AND ITEMS FOR WHICH REVENUE MUST BE. RAISED; FIXING THE TIME IN WHICH SAID TAXES BE PAID AND ASSESSING PENALTY AND INTEREST FOR NONPAYMENT OF SUCH TAXES WITHIN THE TIME PROVIDED. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to pass on second and final reading Ordinance #9371, setting the tax rate at 64�, as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. August 23, 1990 Page 609 90-49B-609-436 (13.) ORDINANCE #9372--Amending Chapter 23 of the Code of Ordinances with regard to fees for Solid Waste Collection and dumping. ORDINANCE #9372 AN DRDINANCE AMENDING CHAPTER 23 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK WITH REGARD TO FEES FOR SOLID WASTE COLLECTION AND DUMPING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 90-49B-609-437 (14.) Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to pass on second and final reading Ordinance #9372 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #9373 AN ORDINANCE AMENDING SECTION 26-22, SUBSECTION (b)(2) OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO ALLOCATION OF HOTEL OCCUPANCY TAX REVENUES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to pass on second and final reading Ordinance #9373 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49B-609-T38 0 5.;j ORDINANCE #9374--Adopting 6% TMRS contribution rate. ORDINANCE #9374 AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE 'IN THE EMPLOYMENT OF THE CITY OF LUBBOCK; PROVIDING AN INCREASE IN THE RATE OF DEPOSITS TO THE TEXAS MUNICIPAL RETIREMENT SYSTEM BY THE EMPLOYEES OF THE CITY OF LUBBOCK; ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS; AND PROVIDING A SAVINGS CLAUSE. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to pass on second and final reading Ordinance #9374 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49B-609-439 (21.) Consider Ordinance #9375 abandoning and closing portions of an alley located adjacent to Tract "A", a replat of Lots 1 through 9, Fillmore Addition (east of Louisville Avenue and north of 22nd Street). ORDINANCE #9375 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF AN ALLEY LOCATED ADJACENT TO TRACT "A", A REPLAT OF LOTS 1 THROUGH 9, FILLMORE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK CDUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. August 23, 1990 Page 610 This ordinance will close a north -to -south 20' alley north of 22nd Street between Louisville Avenue and Knoxville Avenue to be replatted for Methodist Hospital building expansion. The area being closed is 3,559 square feet and the new north -south alley is to be dedicated in the replat to replace the alley being closed. The application fee of $150 has been paid to the Right -Of -Way Department. Staff recommended this closure. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to pass on first reading Ordinance #9375 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49B-610-440 (22.) Consider Resolution #3433 authorizing the Mayor to execute a Contract of Sale between the City of Lubbock RESOLUTION #3433 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: a permittable wildlife mitigation area as required by applicable laws and regulations of the State of Texas and the United States Government in connection with the expansion of the water system of the City of Lubbock by construction of the Lake Alan Henry Project and Reservoir; 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: A total of 2203.4 acres of land, more or less, and more particularly described as follows: All of Sections 71, 72 and 78, Block 5, H. & G. N. R.R. Co. Survey, Garza County, Texas, and the following portion of Section 70, Block 5, to' -wit: The North part of Section 70, Block 5, H. & G. N. R.R. Co. Survey, Garza County, Texas, and being more particularly described as follows: BEGINNING at a 1 1/4" iron pipe, set by F. M. German in 1895, at the Northwest corner of said Section 70, for the Northwest and beginning corner of this tract, said corner being the common corner of Sections 70, 71, 78 and 79; THENCE S. 88024'55" East, along the North line ❑f said Section 70 and the South line of Section 71, a distance of 5253.82 feet to the Northeast corner of said Section 70, for the Northeast corner ❑f this tract, said corner being the common corner of Sections 54, 55, 70 and 71; THENCE S. 01045'24" West, along the East line of said Section 70 and the West line of Section 55, a distance of 1756.59 feet to a 1/2" iron rod, set for the Southeast corner of this tract; THENCE S. 77°42'11" West, a distance of 3810.43 feet to a 1/2" iron rod, set for a corner of this tract; August 23, 1990 Page 611 THENCE N. 88024'55" West, a distance of 1559.59 feet to a 1/2" iron rod, set in the West line of said Section 70, for the Southwest corner of this tract; THENCE N. 41°48'11" East, along the West line of said Section 70 and the East line of Section 79, a distance of 2670.79 feet to the POINT OF BEGINNING. SECTION 2. THAT the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) pro- ceedings 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, Carol Sue Reed and husband, John E. Reed, the amount of $627,969.00, 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 August 31, 1990, the City Attorney is authorized to proceed with condemna- tion proceedings. Passed by the City Council this 23rd day of August, 1990. s B. C. McMinn B. C. McMINN, MAYOR ATTEST: ZsL Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: d B c /s/ J. Worth Fullingim Ed Bucy, Right -of -Way Agent J. Worth Fullingim, Assistant City Attorney THE :STATE OF TEXAS § CONTRACT OF SALE COUNTY OF LUB'BOCK This Contract of Sale is made by and between CAROL SUE REED and her husband, JOHN E. REEO of Scurry County, Texas, (herein referred to 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 2203.4 acres of land, more or less, located in Garza 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 REED RANCH," free and clear of all liens, claims and encumbrances, and upon the terms and conditions hereinafter set forth. A G R E E N E N T: 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 Garza County, Texas: August 23, 1990 Page 612 A. Real Property: A total of 2203.4 acres of land, more or less, and more particularly described as follows: All of Sections 71, 72 and 78, Block, 5, H. & G. N. R.R. Co. Survey, Garza County, Texas, and the following portion of Section 70, Block 5, to -wit: The North part of Section 70, Block 5, H. & G. N. R.R. Co. Survey, Garza. County, Texas, and being more particularly described as follows: BEGINNING at a 1 1/4" iron pipe, set by F. M. German in 1895, at the Northwest corner of said Section 70, for the Northwest and beginning corner of this tract, said corner being the common corner of Sections 70, 71, 78 and 79; THENCE S. B8"24'55" East, along the North line of said Section 70 and the South line of Section 71, a distance of 5253.82 feet to the Northeast corner of said Section 70, for the Northeast corner of this tract, said corner being the common corner of Sections 54, 55, 70 and Y Y I 1 , THENCE S. 01045'24" West, along the East line of said Section 70 and the West line of Section 55, a distance of 1756.59 feet to a 1/2" iron rod, set for the Southeast corner of this tract; THENCE S. 77042'11" West, a distance of 3810.43 feet to a 1/2" iron rod, set for a corner of this tract; 'THENCE N. 88°24'55" West, a distance of 1559.59 feet to a 1/2" iron -rod, set in the West line of said Section 70, for the Southwest corner of this tract; THENCE N. 01°48'11" East, along the West line of said Section 70 and the East line of Section 79, a distance of 2670.79 feet to the POINT 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 Garza 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. The general warranty deed of conveyance from SELLERS to BUYERS herein provided shall contain a reservation unto the SELLERS, their heirs and assigns of all oil and gas, other hydrocarbons and related mineral rights, including the right of ingress, egress and regress to explore and prospect for, drill for, produce and transport said hydrocarbon minerals and by- products, the laying of pipelines, building of tanks and other structures and roads to produce, save, take care of, treat and transport said products and all other substances extracted with or as a by-product of the extraction of such hydrocarbon minerals, and all development and extraction rights from such hydrocarbon minerals and by-products, in, on and under and attached to the land acquired by the City, and all executive leasing rights and privileges with respect to such oil and gas and other hydrocarbon minerals and by-products, and said general warranty deed shall specifically provide that such reservation to the SELLERS does not include any other minerals other than the hydrocarbon minerals and by-products hereinabove mentioned. Said general warranty deed shall further specifically provide that such reservation to the SELLERS does not include the right for SELLERS to expllore, mine or drill for any other minerals other than the hydrocarbon mineralls and by-products hereinabove mentioned, or the leasing or granting of other rights to other parties by SELLERS for exploring, mining or drilling for any other minerals other than the hydrocarbon minerals and by- products hereinabove mentioned. August 23, 1990 Page 613 B. Personal Property: This Agreement to sell and convey the property above described shall include all fencing, windmills and other related ranch land improvements. II. CONSIDERATION BUYER shall pay to SELLERS the purchase price for the real property as follows: A. Cash: SIX HUNDRED TWENTY-SEVEN THOUSAND NINE HUNDRED SIXTY- NINE AND NO/100 DOLLARS ($627,969.00) cash to be paid by BUYER to SELLERS at cloning. B. Adjustment ❑f Sales Price: The sales price of SIX HUNDRED TWENTY-SEVEN THOUSAND NINE HUNDRED SIXTY-NINE AND NO/100 DOLLARS ($627,969.00) is based upon the total acreage of 2203.4 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 TWO HUNDRED EIGHTY-FIVE AND N01100 DOLLARS ($2B5.00) per acre. 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 SELLERS 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. SELLERS will use their best efforts t❑ correct, within sixty (60) days, said objections and defects at or before closing, then BUYER may elect to declare this Contract terminated and of n❑ 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 and at BUYER'S expense. 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. V. CONDITIONS PRECEDENT The obligations ❑f 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. August 23, 1990 Page 614 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 except as or herein permitted, 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 BUYER is free, beginning October 1, 1990, to enter into any contract for the use, operation, management or maintenance of the REED RANCH as BUYER may desire, subject to the rights of SELLERS to use this land for livestock grazing purposes until December 31, 1990. SELLERS will also be allowed a first option to lease the land for livestock grazing purposes at six (6) month increments beginning January 1, 1991. This livestock grazing contract for six (6) month lease period will be negotiated by the BUYER and SELLER thirty (30) days before the proposed renewal of each six (6) month period. The terms and conditions of all such grazing contracts will be consistent with the usual and customary terms and conditions of other grazing contracts on land situated in Garza County. 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. 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 1S 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 Bar Association of 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. August 23, 1990 Page 615 IX. NOTICE Any notice given or made for any purpose pursuant to this Contract shall he valid if in writing and sent by certified mail, return receipt requested, postage prepaid, addressed as follows: If to SELLERS: Carol Sue and John E. Reed 2605 33rd Snyder, Texas 79549 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. 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 ❑r broker fees are due to any party. XI. 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 October 1, 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. XII. GENERAL CONDITIONS A. Possession: BUYER shall acquire the right to own and operate the REED RA":CH as of October 1, 1990 subject to the terms of this Contract. 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. Contraa Survives: The terms and conditions of this Contract shall survive closing and are not to be merged therein and are enforceable as between the parties hereto, their heirs, legal representatives, successors and assigns. 1). Contingency: CITY has requested acceptance by the appropriate governmental agencies and authorities for this property to serve as a permitt.able wildlife mitigation area in connection with the Lake Alan henry Project. If this property is not accepted for such purposes by U.S. Army Corp of Engineers on or before the date of closing set forth above and a final decision on such acceptance is pending, closing will be postponed until notice of acceptance is received by CITY. If this property property is rejected as a permittable wildlife mitigation area by you U.S. Army Corp of Engineers, this Contract shall become null and void. August 23, 1990 Page 616 IN WITNESS WHEREOF, the parties hereto have executed this Contract of Sale, effective this 23rd day of August, 1990. SELLERS: /s/ Carol Sue Reed CAROL SUE REED /s/ John E. Reed JOHN E. REED BUYER: ATTEST s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Ed Buc Ed Bucy, Right -of -Way Agent THE STATE OF TEXAS § COUNTY OF Scurry § CITY OF LUBBOCK: BY:/s/ B. C. McMinn B. C. MCMINN, MAYOR APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney BEFORE ME, the undersigned authority, a Notary Public in and for said County„ Texas, on this day personally appeared CAROL SUE REED, 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 August, 1990. /s/ Edward Wilson Bucv Notary Public in and for the State of Texas Commission Expires: 11-21-91 THE STATE OF TEXAS § COUNTY OF Scurry § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared JOHN E. REED, 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 14Y HAND AND SEAL OF OFFICE this 28th day of August, 1990. Is1 Edward Wilson Bucv Notary Public in and for the State of Texas Commission Expires: 11-21-91 August 23, 1990 Page 617 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. McM1NN, 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 and in the capacity therein stated as the act and deed of the City of Lubbock. GIVEN UNDER MY HAND AND SEAL OF DFFICE this 23rd day of August, 1990. Is/ Olivia R. Solis_ Notary Public in and for the State of Texas Commission Expires: 11-30-93 This Resolution authorizes the Mayor to execute a Contract of Sale with Mr. and Mrs. John Reed (Snyder, Texas) for 2,203.4 acres of land located in Sections 70.71, 72, and 78, Block 5, H.&G.N.R.R. Co. Survey, Garza County, Texas. This land is needed for a wildlife mitigation area in conjunction with the Lake Alan Henry Project and is located approximately one- half mile north of the proposed dam. This property was discussed during a previous City Council Executive Session. Council authorized the Right -Of -Way Department to make an offer of up to $300 per acre for this land. The landowners agreed to sell for $285 per acre for a total purchase price of $627,969. The closing date has been set for October 1, 1990. Staff recommended approval. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to authorize Resolution #3433 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49B-,617-441 (23.) Consider Resolution #3434 authorizing the Right -Of -Way Department to make an offer for 200 acres of land located in Section 72, Block A for the Land -Application Site. RESOLUTION #3434 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 East 200 acres out of the South Half of Survey 72, Block A, Certificate No. 928, E.L. & R.R. Ry. of Lubbock County, Texas, described by metes and bounds as follows, to -wit: BEGINNING at a point in the middle of the intersection of East-West county road with a North -South county road the Southeast corner of Survey 72, Block A, Lubbock County, Texas and the Southeast corner of this survey; August 23, 1990 Page 618 THENCE N. 00*05' W., a distance of 953.70 varas along the middle of the North -South county road to a point, the Northeast corner of this survey; THENCE West, along the common boundary line of the North and South halves of Survey 72, Block A, a distance of 1183.89 varas to a 1" iron pipe on the South side of an irrigation ditch, the Northwest corner of this survey; THENCE S. 00005' E., a distance of 953.70 varas to a point in the middle of the East-West county road, from which a 1" iron pipe in an East-West fence bears N. 00*05' W. about 20 feet, which point is the Southwest corner of this survey; THENCE East, along the middle of the East-West county road, a distance of 1183.89 varas to the PLACE OF BEGINNING. 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 sample 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 Jimmy Allen Powe, Thomas Edwin Powe, Jr., Jerry Max Powe, Marvin Glen Powe and Kattie Orilla Thomas Powe Jernigan, the amount of $220,000.00, 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 September 10, 1990, the City Attorney is authorized to proceed with condemnation proceedings. Passed by the City Council this 23rd day of August, 1990. ATTEST:, s Rariette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Ed Bucv Ed Bucy, Right -of -Way Agent Is/ B. C. McMinn B. C. MCMINN, MAYOR APPROVED AS TO FORM: IsI Harold Willard Harold Willard, Assistant City Attorney This Resolution authorizes the Right -Of -Way Department to make an offer to Jimmy Allen Powe, Thomas Edwin Powe, Jr., Jerry Max Powe, Marvin Glen Powe and Kattie Orilla Thomas Powe Jernigan for 200 acres of farmland for the Land Application Site. They have agreed to sell for $1,100 per acre for a total of $220,000. This acquisition is the last tract of land needed for this year's expansion. Staff recommended approval. Motion was made by Councilwoman Trejo, seconded by Councilman Maloy to authorize Resolution #3434 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49B-618-442 (24.) Consider setting the_date_and time for the Community Development Block Grant Interim Allocation Public Hearing. During the latest program monitoring visit, HUD recommended that additional citizen participation requirements be implemented. This included conducting an additional public hearing when allocating contingency fund monies to new or expanded projects. August 23, 1990 Page 619 For this reason, a public hearing is proposed to be held in order to allocate available CDBG funds to interim projects and to provide citizens the opportunity to comment on the proposed expenditure of Community Development funds. During Work Session, Council consensus was that the hearing be held at the first Regular Council Meeting in October. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to set the date and time for the Community Development Block Grant Interim Allocation Public Hearing for first Regular Council Meeting in October at 11:00 a.m. as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49B.-619-443 (25.) Consider Resolution #3435 authorizing the Mayor to sign an Agreement between the City -of Lubbock_and Sabre Travel Information Network for office space at Lubbock International Airport. RESOLUTION #3435 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 Space Lease Agreement between the City of Lubbock and Sabre Travel Information Network, a division of AMR, Inc., for office space in the Terminal Building at Lubbock International Airport, 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 23rd day of August, 1990. ATTEST: IsZ Rariette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: IsZ Bern E. Case Bern E. Case, Director of Aviation THE STATE OF TEXAS COUNTY OF LUBBOCK Is/-B. C._McMinn,,, B. C. McMINN, MAYOR APPROVED AS TO FORM: Is1 Jean E. Shotts. Jr. Jean E. Shotts, Jr., Assistant Trial Attorney KNOW ALL MEN BY THESE PRESENTS: SPACE LEASE - TERMINAL BUILDING This Agreement, entered into at Lubbock, Texas, by and between the City of Lubbock hereinafter referred to as "Lessor", and Sabre Travel Information Network, A division of AMR, Inc. hereinafter referred to as „Lessee"; WHEREAS, Lessor owns and operates a public airport designated as Lubbock; International Airport herein called "Airport"; and WHEREAS, Lessee desires to conduct a travel information service hereinafter referred to as "Agency", in the terminal building at Lubbock International Airport. August 23, 1990 Page 620 ARTICLE I NOW THEREFORE, for and in consideration of the covenants and conditions herein contained and other valuable consideration, the Lessor authorizes the Lessee to exercise the rights, powers and privileges hereinafter set forth and does hereby lease to the Lessee approximately 171 square feet: as shown in Exhibit "A", attached herewith and made a part of this Lease for all purposes. The germ of this Agreement shall be for a period of one (1) year, commencing August 1, 1990. This Agreement automatically renews annually unless terminated as provided in Articles IV and V below. ARTICLE II In consideration of the rights and privileges herein granted, Lessee shall pay to Lessor a rental of Thirteen and 81/100 Dollars ($13.81) per square foot: per year adjusted in January 1991 by the CPI as hereinafter defined. Lessee shall pay to Lessor the rent as set forth in twelve (12) monthly installments payable in advance by the tenth (10th) day of each month. All F►ayments that become due and payable by Lessee shall be made to the City of Lubbock at the office of the Director of Aviation, Lubbock International Airport, Lubbock, Texas. ARTICLE III This Lease is granted subject to the following conditions: 1. Lessee shall use the leased premises solely for the purpose of marketing a travel information service. 2. Lessee's right to market a travel information service within the terminal building at the Airport shall be nonexclusive. 3. Any property installed or added by Lessee which becomes permanently attached to the premises shall become the property of Lessor upon termination of the Lease Agreement. 4. Lessee will erect no signs and will distribute no advertising matter -in the Airport without the prior written consent of the Director of Aviation. Such prior written consent shall not be required for advertising placed by Lessee with Ackerly Airport Advertising, Inc. or any other party having the right to sell, rent or offer airport terminal advertising space. 5. All of Lessee's business operations and solicitations will be confined to the leased premises. 6. The Lessee shall not bind or attempt to bind Lessor for payment of any money in connection with installations, alterations, additions or repairs on the leased premises or any of Lessee's equipment or facilities located on the leased premises and shall not permit any mechanic's, materialmen's, or contractor's liens to arise against the premises or any improvements, equipment, machinery or fixtures thereon belonging to the Lessor, and Lessee expressly agrees that it will keep and save the premises and Lessor harmless from all costs and damages resulting from any lien or liens of any character created or that may be asserted through any act or thing done by the Lessee. 7. Failure of the Lessee to comply with any requirement of paragraph 6 shall be cause for immediate termination of this Lease Agreement by Lessor. 8. Lessor shall assume no responsibility as to the condition of the lleased premises and shall not assume responsibility for maintenance, upkeep, or repair necessary to keep the premises in a safe and serviceable condition. August 23, 1990 Page 621 9. Lessor shall have the right to approve any construction or remodeling by Lessee on the leased premises. ARTICLE IV This Lease is granted subject to the following additional provisions and conditions: 1. The Lease herein granted is subject to any and all applicable laws, ordinances, rules and regulations pertaining to the Lubbock International Airport. 2. During the time of war or national emergency the Lessor shall have the right to enter into an agreement with the United States Government for military or naval use of part or all of the landing area, the publicly owned air navigation facilities, and other area or facilities of the Airport. And if any such agreement is executed, the provisions of this instrument, insofar as they are inconsistent with the provisions of the agreement with the Government, shall be suspended, but rent hereunder shall abate accordingly. 3. This Agreement shall be subordinate to hte provisions of any existing or future agreement between Lessor and the United States relative to the operation and maintenance of the Airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal funds for the development of the Airport. Should the effect of such agreement with the United States be to take any of the property under lease or substantially destroy the commercial value of Lessee's rights under this Agreement, the Lessor shall not be held liable therefor, but rent hereunder shall abate accordingly. 4. All rights, privileges and interest acquired herein by Lessee at the option of the Lessor, following written notice of thirty (30) days, may be suspended if such suspension is found by the Lessor, acting in good faith, to be necessary to secure federal financial aid for the development of the Airport, or further development and provisions of aeronautical operations thereon, but rent hereunder shall abate accordingly. 5. The Lessor, acting by and through the Director of Aviation, or other designated representative shall have the right to inspect the property at all reasonable times during the term of this Lease. 6. Any property of the Lessor or any property for which the City of Lubbock may be responsible, which is damaged or destroyed incident to the exercise of the privileges herein granted or as a result of acts or omissions of the employees or agents of Lessee, shall be properly repaired or replaced by the Lessee to the satisfaction of the Lessor and its authorized representatives, or in lieu of such repair or replacement, the Lessee shall, if so required by the Lessor, pay to the Lessor money in any amount deemed sufficient by the Lessor to compensate for the loss sustained by the Lessor by reason of the loss of, damage to or destruction of such property. 7. The Lessee shall be deemed to be an independent contractor and operator responsible to all parties for its respective acts or omissions and Lessor shall in no way be responsible therefor. S. The Lessee agrees to indemnify, defend and forever save and keep the Lessor, its authorized agents, representatives and employees, harmless from and against any and all penalties, liability, annoyances or loss resulting from claims or court action of any nature arising directly or indirectly out of any acts or omissions of the Lessee, its agents, servants, employees or business visitors under this Agreement. 9. The Lessee shall assume responsibility for the payment of all taxes and assessments, license fees and public utility charges levied ❑n the business conducted on the leased premises or becoming due on the August 23, 1990 Page 622 property of Lessee used in connection therewith from the date of execution of this Agreement. The Lessee agrees to pay all claims or damages for or on account of water, lights, heat, power, sewage disposal and any other services or utilities furnished to or with respect to the property or any part thereof. The Lessor does not guarantee to furnish utilities or utility services in the future. In the event utility service is not furnished for reasons other than repair or installations of lines or nonpayment of charges, Lessee shall have the option to cancel this Lease upon thirty (30) days notice to the Lessor. 10. The Lessee acknowledges that it is informed that Texas Law prohibits contracts between Lessor and its "officers" and "employees", and that the prohibition extends to an officer of City agencies such as City - owned utilities and certain City Boards and Commissions, and to Contracts with any partnership, corporation or other organization in which the officer or employee has an interest. Lessee certifies that neither it nor any person having an interest in this Contract is an officer or employee of the City of Lubbock or any of its agencies. 11. This Lease may not be assigned without the written consent of Lessor, but such consent shall not be unreasonably withheld. No such assignment or subletting shall affect Lessee's obligation to make all required rental payments hereunder. 12. The failure of the Lessor to insist in any one or more instance upon performance of any of the terms or conditions of this Lease shall not be construed as a waiver or relinquishment of the future performance of any such term or conditions, but the Lessee's obligation with respect to such failure of performance shall continue in full force and effect. 13. In the event Lessee remains in possession of the leased premises after the expiration of this Lease Agreement without any written renewal or extension of this Lease, such holding over shall not be deemed as a renewal or extension of this Lease, but shall create only a tenancy from day to day which may be terminated at any time by Lessor. ARTICLE V This Lease Agreement shall terminate at the end of the full term hereof and Lessee shall have no further right or interest in the premises hereby demised except as provided in Article IV, paragraph 13. This Agreement is subject to termination with or without cause by either party upon thirty (30) days written notice to the non -terminating party. A. In the event the terminal building at the Lubbock International Airport is damaged by fire or other accidental cause during the term of this Lease Agreement so as to become totally or partially untenantable, Lessor shall have the option to restore the premises to their former condition. If Lessor exercises its option to restore the premises, Lessor shall proceed with due diligence. If the damage is so extensive as to amount practiacally to the total destruction of the utility of the leased premises for the uses expressed in this Lease Agreement, Lesee's obligation to pay rent hereunder shall abate for the time and to the extent that the premises have been rendered untenantable. Should Lessor not exercise its option to restore the premises, this Lease shall terminate, such termination to be effective on the date of damage by fire or other accidental cause, and the rent shall be apportioned to that date. B. Within fifteen (15) days following the date of expiration or termination of this Agreement, Lessee shall, as required by Lessor, vacate said premises, remove all property of Lessee and restore the leased premises to as good a condition on such date of expiration or termination as when received, ordinary wear and tear excepted; provided, however, that Lessee's right to remove its property is August 23, 1990 Page 523 subject to the condition that Lessee has paid in full all amounts due and owing Lessor under this Lease Agreement. If, after being requested to do so by Lessor, the Lessee shall fail or neglect to remove said property and so restore the leased premises within fifteen (15) days of said expiration or termination, then at the option of Lessor said property shall either become the property of Lessor without compensation therefore or Lessor may cause the property to be removed and the leased premises to be restored at the expense of Lessee, and no claim for damages against Lessor or its officers, agents or employees shall be created or made on account of such removal and restoration. ARTICLE VI 1. Notices to the Lessor required or appropriate under this Lease shall be deemed sufficient if in writing and mailed by registered mail with postage prepaid to the direction of Aviation, Lubbock International Airport, Route 3, Box 201, Lubbock, Texas 79401. Notices to the Lessee required or appropriate under this Lease shall be deemed sufficient if in writing and mailed by registered mail with postage prepaid to : Sabre Travel Information Network, Route 3, Box 'v9 a , Lubbock, Texas 79401. 2. Should Lessor institute legal action to collect rentals due under this Lease Agreement or damages for breach of any covenant made herein, a reasonable sum shall be added to the amount of recovery for attorney's fees together with all costs of court. 3. Both parties hereby agree that this instrument constitutes the final agreement of the parties and that all other previous agreements, leases and contracts between the parties which pertain to the property described herein are hereby declared null and void. EXECUTED this the 1st day of August, 1990. LESSOR: LESSEE: CITY OF LUBBOCK SABRE TRAVEL INFORMATION NETWORK, A DIVISION OF AMR, INC. BY:L;I B. C. McMinn B. C. McMINN, MAYOR ATTEST: Is1 Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: IsL Bern E. Case Bern Case, Director of Aviation APPROVED AS TO FORPF: IsZ Jean E. Shotts, Jr. Jean E. Shotts, Jr., Assistant Trial Attorney BY:Is1 P. A. Spoor MANAGING DIRECTOR ATTEST: Secretary Sabre Travel Information Network, a sister company to American Airlines, sells to and maintains travel reservation systems for travel agents for the purpose of printing airline tickets. The term of the Agreement will be for one year, commencing August 1, 1990. Sabre Travel Information Network will lease approximately 171 square feet at $13.81 per square foot per year adjusted in January, 1991 by the Consumer Price Index. The office space is August 23, 1990 Page 624 90-49B-624-444 (26.) on the second floor of the airport terminal, adjacent to the American Airlines office. The Airport Board reviewed and approved this proposed Lease on August 15, 1990. Staff recommended approval. Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Baker to authorize Resolution #3435 as recommended by Airport Board and City Staff. Motion carried: 7 Yeas; 0 Nays. RESOLUTION #3436 BE I'T RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to, execute for and on behalf of the City of Lubbock an Interlocai Agreement by and between the City of Lubbock and Lubbock Emergency Communication District, 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 23rd day of August, 1990. ATTEST: LsL Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: ZsL Dan G. Hale Dan la. Hale, Assistant Director of Communication Services /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney INTERLOCAL AGREEMENT This Interlocal Agreement is made and entered into this date by and between the Lubbock Emergency Communication District, hereinafter referred to as LECD, acting herein by and through the Chairman of its Board of Managers, pursuant to a resolution duly passed by the LECD Board of Managers and the City of Lubbock, Texas, hereinafter referred to as the City.. WITNESSETH: WHEREAS, the City wishes to provide Enhanced 9-1-1 (E9-1-1) emergency service to its citizens; and WHEREAS, the City has passed a resolution to enter into a interlocal agreement with LECD; and WHEREAS, the citizens of Lubbock County voted on April 5, 1986 by a vote of 15,209 in favor and 2,431 vote opposed, to form an emergency communication district; and WHEREAS, the LECD Board of Managers ordered the creation of an emergency communication district on May 1, 1986; and August 23, 1990 Page 625 WHEREAS, the LECD is a body politic, created under Vernon's Texas Civil Statutes Article 1432e, as amended, (VTCS 1432e) called the Emergency Telephone Number Act, in order to provide 9-1-1 service to the citizens of its jurisdiction; and WHEREAS, the LECD began providing E 9-1-1 service to Lubbock County, including all municipalities within Lubbock County, on the 27th day of January, 1909; and WHEREAS, the LECD Board of Managers has determined that the LECD will purchase a multi -channel voice recorder and six instant replay voice recorders, hereinafter referred to as the voice recording equipment; and WHEREAS, the LECD Board of Managers and the City, pursuant to the provisions of the Interlocal Cooperation Act, Texas Revised Civil Statute Annotated Article 4413(32c), as amended, have determined that it would be in the best interests of the LECD and the City and of the citizens and inhabitants of Lubbock, Texas, to use the emergency communication systems of the LECD; NOW, THEREFORE, the parties agree as follows: I. ,that with the cooperation and consent of the City, the LECD shall purchase and install voice recording equipment for the use by the City in recording and storing emergency communications which includes, but is not limited to, the 9-1-1 trunks. II. That the City agrees to use voice recording equipment in a manner that supports good emergency communication and the proper use of 9-1-1. A resolution shall be passed by the City Council of Lubbock to enter into this agreement and made a part as Exhibit A. III. The City and LECD agree to indemnify and hold each other harmless from any action or claim of any kind or character whatsoever as may be asserted against the other party arising out of the performance of this agreement by either party. IV. That the City shall pay all costs in connection with the proper maintenance and repair of the said voice recording equipment. V. That the City shall purchase all tapes necessary to record the appropriate emergency communications. VI. That the City shall pay the costs of any upgrade or modifications to the said voice recording equipment that the City desires to make. VII. That the City shall pay the costs of any accessories to the said voice recording equipment that the City desires to purchase. VIII. That the City shall be responsible for training personnel in the proper handling and operating of the said voice recording equipment. August 23, 1990 Page 626 IX. That the City shall be responsible for maintaining the proper security procedures on the said voice recording equipment, and the proper preservation and storage procedures for the voice recordings made by the said voice recording equipment. x. That, at no charge to the LECD, the City will provide a suitable site for the installation, operation, and maintenance of the voice recording equipment. Said site shall meet all specifications of the LECD for the installation, operation, and maintenance of the said voice recording equipment. XI. Should the LECD be dissolved, pursuant to the provisions of the Emergency Telephone Humber Act (YTCS 1432e), this Interlocal Agreement shall terminate as of the date of dissolution. If the LECD should be dissolved, the removal of equipment shall not be at the expense of the City. Should either party wish to terminate sooner, this Interlocal Agreement may be terminated by either party hereto by written notice to the other party at least 180 days prior to the effective date of termination. If the termination is at the request of the LECD, said termination and removal of equipment shall not be at the expense of the City. If the termination is at the request of the City, said termination and removal of equipment shall not be at the expense of the LECD. XII. That any notice permitted or required to be given to the LECD hereunder may be given by registered or certified United States Mail, postage prepaid, return receipt requested, addressed to the Lubbock Emergency Communication District, 2017 Broadway, Lubbock, Texas 79401, and such notice shall be deemed given upon the City's deposit of the notice in the United States Mail as aforesaid. Any notice permitted or required to be given by LECD hereunder may be given by registered or certified United States Mail, postage prepaid, return receipt requested, addressed to the City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457, and such notice shall be deemed giiven upon LECD's deposit of the notice in the United States Mail as aforesaid. XIII. That this agreement represents the entire agreement of the parties and that no, changes or modifications of this agreement will be valid, unless evidenced by an instrument in writing signed by the parties. XIV. If either party fails to perform it's obligations hereunder for a lack of funds or for any other reason whatsoever, the sole and exclusive remedy ❑f the other party shall be to terminate this agreement as specified in Paragraph XI., above. XV. Any payments made for the performance of governmental functions or services pursuant to this agreement shall be made from current revenues available to the paying party. XVI. This agreement shall be deemed to be executed in and performable in Lubbock, Lubbock County, Texas. August 23, 1990 Page 627 EXECUTED this the 23rd day of August, 1990. ATTEST: Secretary Dated: ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary Dated: LUBBOCK EMERGENCY COMMUNICATION DISTRICT /s/ William J. Payne Chairman, Board of Manager THE CITY OF LUBBOCK /s/ B. C. McMinn B. C. McMINN, MAYOR The Board of Managers ❑f the Lubbock Emergency Communication District determined that many ❑f the Public Safety Answering Points (PSAP) in the District are not equipped with voice logging tape recording machines. Voice logging machines are very helpful for dispatching emergency responders t❑ incident scenes and information recorded is ❑ften used t❑ determine if actions taken conform to operating policy and proce- dures. The City ❑f Lubbock currently has voice logging equipment in use which was scheduled for replacement this fiscal year. The Interlocal Agreement proposes that the City ❑f Lubbock accept and maintain a 40-channel voice logging recorder and six instant replay recorders valued at approximately $50,000. These recorders will be located in the Municipal Square Building, Communication Center, and the City will be responsible for maintaining the equipment and supplies to operate the units. Staff recommended approval of the Interlocal Agreement. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Phillips to authorize Resolution #3436 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49B--627-445 (27.) Consider Resolution #3437 authorizing the Mayor to sign a Change Order with Knox Gailey & Meador, Inc. for Municipal Hill Operations Center. RESOLUTION #3437 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 t❑ execute for and on behalf of the City of Lubbock a Change Order No. One, related to a contract previously entered int❑ by and between the City of Lubbock and Knox Gailey & Meador, 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. August 23, 1990 Page 628 Passed by the City Council this 23rd day of August, 1990. ATTEST: /s1 Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Jerry _Smith Jerry Smith, Director of Building Services CHANGE ORDER NUMBER ONE BID NUMBER 10293 TO: Knox, Gailey & Meador, Inc. P.O. Box 5736 Lubbock, Texas 79417 IsZ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: s J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney Original Amount of Contract $ 2,035,119.00 Amount Previous Change Orders .00 Net Amount this Change Order 32,619.00 Amended Amount of Contract $ 2,067,738.00 Percentage Change of Contract Price is 1.6% Additional Time of Completion is 60 days The Date of Substantial Completion as of this Change Order is October 15, 1990 WHEREAS, it, is desirable to make changes in the plans and specifications for this project. THIS AGREEMENT WITNESSED: The contractor to furnish all labor and material to make changes as per attachment "A", dated August 16, 1990. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this the 23rd day of August, 1990. CONTRACTOR: Knox, Gailey & Meador, Inc. By:LsL Dan Precht Title: Secretary/Treasurer APPROVED AS TO FORM: s J. Worth Fullingim Assistant City Attorney ATTACHMENT "A" FILED WITH RESOLUTION OWNER: City of Lubbock By:/s/ B. C. McMinn, MAYOR APPROVED AS TO CONTENT: /s/ Jerry Smith Dir. of Building Services On October 12, 1989, a Contract in the amount of $2,035,I19 was issued to Knox Gailey & Meador for the renovation/construction of the Municipal Hill Operations Center. As construction has proceeded, Staff have seen the need to suggest several changes in order to provide for a more efficient operation. The total recommended Change Order is $32,619. Basically, the recommendations were summarized as follows: Renovation of Water Utilities Dispatch. Following the commencement of the project, the Water Utilities area was reorganized to the extent that Staff need additional office space for certain supervisory personnel and dispatchers. August 23, 1990 Page 629 90-49B-•629-446 (28.) Install Plywood Deck. This will enable increase in storage in one of the building areas. Miscellaneous Changes. Included are a number of recommended changes, many of which were not foreseen at the time of Contract award due to the fact that the project involved substantial upgrading to older facilities. As the project has progressed, Staff have seen the need to recommended these changes. An additional change was caused by changes in the City's communication system. Staff recommended approval. Motion was made by Councilwoman Trejo, seconded by Mayor Pro Tem Baker to authorize Resolution #3437 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Consider request of Sexton Enterprises for renewal of Vehicles For Hire permit and for an increase in number of permitted touring vehicles,. According to Trent Petty, Assistant to the City Manager, the current Vehicles For Hire permit for Sexton Enterprises will expire August 27, 1990, and in order to continue operation, it is necessary that Mr. Sexton's permit be renewed. In addition, Mr. Sexton requested permission to add two additional vehicles as touring vehicles under the provisions of the Vehicles For Hire Code. Staff has reviewed the request for Touring Vehicle Permits and has spoken with the City Attorney's Office. The usage being proposed by Sexton Enterprises is consistent with the Code of Ordinances. In order to permit additional vehicles, the Council must agree that public convenience and necessity is served by permitting the additional two vehicles. The City Council, in determining whether or not the public convenience and necessity will be served, should consider the following factors: 1. Financial responsibility of the applicants. 2. The number, kind, age and type of equipment and the color scheme to be used by the applicant. 3. The probable effect of increased service on local traffic conditions. 4. Whether the safe use of streets or the City by the public, both vehicular and pedestrian will be endangered unduly by the granting of the proposed additional service. 5. The character, experience and responsibility of the applicant. 6. Whether the applicant is fit, able and willing to perform the service on a regular and continuous basis. Staff investigated each of the factors and found that Mr. Sexton's proposed usage is consistent with the Code of Ordinances and meets the requirements to establish public convenience and necessity. Mr. Sexton's two 1989 vans are white with stripes. August 23, 1990 Page 630 Since the last permit, complaints have been received regarding Sexton Enterprises service at Lubbock International Airport. While these complaints generally relate to their Airport Permit and should be considered by the Airport Board, some involved individuals who have contacted Councilmembers directly. In one instance, in October, 1989, an individual complained when a taxicab was not available at the airport after a night time flight arrival. The dispatch office was called from the airport for a cab, and the individual had to wait approximately 30 minutes for the first cab to arrive. In another incident in April of this year, an individual called a cab from the airport on a late Sunday night arrival, and it took the cab company over one hour t❑ arrive. Another complaint in April involved a complaint that prior arrangements had been made with the cab to meet a flight; however, the cab company did not show up. Two verbal complaints were made against the cab company during the recent AMCC meeting held in Lubbock. Staff recommended approval for renewal of Mr. Sexton's Vehicles For Hire permit and of the additional two vehicles for the expanded touring vehicle service. Bern Case, Airport Director, advised Council that there had been a decrease in complaints, and that he has seen some improvements in service. He added his opinion that there is a need for the additional vehicles. Mayor Pro Tem Baker questioned Mr. Sexton about the late flights which were not met, and Mr. Sexton replied that he hopes the two new vehicles will help his company provide better service, explaining that problems were magnified due to the change in airline schedules. He said further that his company has difficulties trying to keep sufficient number of cabs in operation in town, while meeting all flights at the Airport. Motion was made by Councilman Patterson, seconded by Councilman Maloy to approve issuance of a Vehicles for Hire Permit to Sexton Enterprises and further determining that the public convenience and necessity will be served by allowing two additional touring vehicles. Motion carried: 7 Yeas; 0 Nays. 90-49B-630-447 (29.) Consider Ordinance #9376 amending Chapter 27 of the Code of Ordinances with regard to Class II Tow Truck maximum fees. ORDINANCE #9376 AN ORDINANCE AMENDING CHAPTER 27 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE DEFINITION OF TOWS AND TOW TRUCKS; MAXIMUM FEES TO BE CHARGED; AND POLICE ROTATION LISTS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. The City of Lubbock maintains a rotation list for tow truck services with Class I and Class II tow trucks. A Class I tow truck is generally considered capable of towing a passenger vehicle, while a Class II tow truck is generally referred to as one capable of towing larger vehicles up to 18-wheelers. Currently, Chapter 27 of the Code ❑f Ordinances makes no distinction on the maximum charges allowed by Class I or Class II tow truck. August 23, 1990 Page 631 The Police Department indicated that the current maximum charge allowed for Class II tows is inadequate to fairly compensate for calls in which they are asked to remove large vehicles from public rights -of -way. One of the two Class II tow truck companies on the City's rotation list has already asked to be removed because of the inadequacy of these charges, leaving one Class II tow truck company to respond. The proposed amendment to Chapter 27 re-establishes the charge for a Class II tow truck and authorizes that the rates be determined according to the amount specified by the latest published rates of the Texas Railroad Commission's Motor Freight Commodity Tariff. The Police Department reviewed the Ordinance and recommended this change to ensure a fair and equitable charge for the tow truck companies while still protecting customers needing a Class II tow. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to pass on first reading Ordinance #9376 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49B-•631-448 (31.) BID #10817--Annual pricing anti -freeze (Garage Parts). Industrial Lubricants Co.--3,000 gal. antifreeze; 550 gal. antifreeze, 55-gallon drums. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Phillips to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 90-49B-631-449 (32.) BID #10818--Annual battery bid (Garage Parts.). Douglas Battery Mfg. Co., Winston-Salem, NC--25 ea. Group 4D 800 CCA; 50 ea. Group 24 600 CCA; 15 ea. Group 30H 800 CCA; 15 ea. Group 4DLT 700 CCA; 20 ea. Group 8D 800 CCA; 10 ea. Group 22NF 500 CCA; 12 ea. Group 22F 500 CCA; 20 ea. Group 62 500 CCA; 25 ea. Group 64 600 CCA; 50 ea. Group 27F 700 CCA; 50 ea. Group UIL 350 CCA. Continental Batteries, Dallas--20 ea. Group 65 700 CCA; 20 ea. Group HD 800 CCA; 80 ea. Group 31-4T 700 CCA; 60 ea. Group 27HD 700 CCA; 50 ea. Group 24F 700 CCA; 20 ea. Group 70 600 CCA; 10 ea. Group 2GC 700 CCA; 20 ea. Group 3EH 900 CCA; 75 ea. Group 74 700 CCA; 15 ea. Group 58 500 CCA. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Phillips to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. August 23, 1990 Page 632 90-49B-632-450 (33.) BID #10802--Corn Harvesting Services (Land Application Site). Jesse Pinkerton, Plainview --Estimated approximate yield 5,500,000 lbs. Corn Harvesting Service. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Phillips to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 90-49B-632-.451 (34.) BID #10783--Paving of Municipal Hill Operation Center, and authorize same (Building Services), RESOLUTION #3438 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract by and between the City of Lubbock and Ronnie Zahn Paving for paving of Municipal Hill operation center, 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 23rd day of August, 1990. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTECT: s Rariette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Gene Eads Gene Eads, Purchasing Manager CONTRACT STATE OF TEVAS COUNTY OF LUBBOCK APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney THIS AGREEMENT, made and entered into this 23rd day of August, 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 Ronnie Zahn Paving, 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 ND,. 10738 - PAVING OF MUNICIPAL HILL OPERATION CENTER IN THE AMOUNT OF $491,231.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) awn proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services August 23, 1990 Page 633 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 OWP:ER 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 CitySecretary APPROVED AS TO CONTENT: s Gene Eads Gene Eads, Purchasing Manager COMPLETE ADDRESS: Ronnie Zahn Paving, Inc. Rt . :10, Box 820 Lubbock, Texas 79404 90-49B-633-452 (35.) 90-49B-633-453 (16.) Isj B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Zs/ -Harold Willard Harold Willard, Assistant City RONNIE ZAHN PAVING, INC 1s/ TITLE: President ATTEST: Is1 Secretary Ronnie Zahn Paving, Inc. --Base bid with Alternate 2. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Phillips to authorize Resolution #3438 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. BID #10801--Wheat seed (Land Application Site). R. C. Young--110,000 lb. Select beardless wheat seed; 160,000 lb. Triticale seed. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Phillips to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. August 23, 1990 Page 634 ORDINANCE #9377 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2654; A ZONING CHANGE FROM R-1 TO A-2 ZONING, LIMITED TO CHURCH USES, ON TRACT A, BROADVIEW BAPTIST CHURCH ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 90-49B-•634-454 (17.) Cliff Rodgers, Business Administrator for Broadview Baptist Church, presented this request for zone change. No one appeared in opposition. Mayor McMinn closed the Public Hearing at 10:31 a.m. According t❑ Assistant City Manager Jim Bertram, this church exists as a non -conforming use, and with the proposed expansion, recommended a zone change rather than going before the Board of Adjustment for each expansion request. Mr. Bertram gave the adjacent land use relationships as follows: North - zoned R-1 not developed South - zoned R-1 not developed East - zoned R-1 not developed West - zoned R-1 not developed According to Staff memo, the Comprehensive Plan Policy for church zoning recommends the facility be adjacent to thoroughfares on the perimeter of neighborhoods, and this site meets that criteria. With the location adjacent to North Frankford, growth of the church should have little or no effect on the future adjacent neighborhoods Staff recommended that the City Council uphold the Planning and Zoning Commission with the following condition: a. Limited to church and church related uses. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to pass on first reading Ordinance #9377, with Condition A recommended by P&Z and Staff. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #9378 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2118-P; A ZONING CHANGE FROM R-1 SPECIFIC USE TO R-I & R-2 ZONING ON TRACTS OUT OF SECTION 15, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS; CLAUSE AND PROVIDING FOR PUBLICATION. Larry Teaver, Project Manager of Lakeridge Country Club Estates, presented this request for zone change. No one appeared in opposition. Mayor McMinn closed the Public Hearing at 10:34 a.m. August 23, 1990 Page 535 90-49B--635-455 (18.) According to Staff memo, this property is currently within a Planned Unit Development as Specific Use and can be developed under A-2, or high density apartments. This request would downzone most of the area to single family with four R-2 lots adjacent to the commercial at 95th and Slide. Assistant City Manager Jim Bertram gave the adjacent land use relationships as follows: North - A-2 undeveloped and R-1 developed South - commercial and R-1 undeveloped East - R-1 (town homes) West - R-1 According to Mr. Bertram, the request is consistent with the Comprehensive Land Use Plan. Adjacent downzoned R-1 lots "side" to the remaining commercial, and downzoning is virtually always consistent with Zoning Policy. Staff estimated this zone change will reduce traffic, and according to comments, adjacent property owners supported this proposal. One individual expressed concern with a new one block connecting street that was approved on the preliminary plat. This issue emerged since the Planning and Zoning Commission hearing of the proposed change, and may be reconsidered at the September meeting, but it is not a part of this zone case. Staff recommended that the City Council uphold Planning and Zoning Commission approval of the request. Motion was made by Councilman Phillips, seconded by Councilman Aderton to pass on first reading Ordinance #9378 as recommended by P&Z and City Staff. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #9379 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2387-A; A ZONING CHANGE TO AMEND THE SITE PLAN AND DELETE THE CONDITIONS IN ORDINANCES 3581, 4555 & 8384 IN A C-3 ZONING DISTRICT ON LOTS 1, 2 AND THE EAST 90' OF LOT 3, BLOCK 1, WESTGATE DRIVE ADDITION, LUBBOCK, TEXAS; SUBJECT' TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Bill Cox appeared on behalf of H&W Company, to present this request to amend the Site Plan Conditions in Ordinance #'s 4555 and 3581 for setback. No one appeared in opposition. Mayor McMinn closed the Public Hearing at 10:38 a.m. The original Ordinance #3581 established a 40' setback on Quaker Avenue, and subsequent Ordinance #4555 provided for an approximate 5' setback on the east end of the building and 71' from the alley. This request would allow extension of the building face that is allowed in Ordinance #4555 (5' setback) along Quaker to the alley. August 23, 1990 Page 636 90-49B--636-456 (19.) Assistant City Manager Jim Bertram gave the adjacent land use relationships as follows: North - residential South - commercial East - commercial West - residential According to Staff memo, the request is consistent with the Comprehensive Land Use Plan and is not contrary to conditions as they exist on the property for Zoning Policy, and the change should have no effect on traffic. Two lines of reasoning are the basis of staff support: 1. The new building does not affect the line of sight along Quaker any more than the building already in place. 2. Perhaps more importantly, as a public benefit, the new building will displace an unsightly and unsafe dock area associated with the grocery store that relocated. Large trucks often blocked part of Quaker when the property was being used as a grocery store. Staff recommended that the City Council uphold Planning and Zoning Commission approval. Motion was made by Councilman Aderton, seconded by Mayor Pro Tem Baker to pass on first reading Ordinance #9379 as recommended by P&Z and City Staff. Motion carried: 7 Yeas; 0 Nays. Inc.) for zoning change from M-1 to M-2 on a tract out of Blocks 84, 85, and 95, Wheelock's Second Addition. ORDINANCE #9380 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2653; A ZONING CHANGE FROM M-1 TO M-2 ZONING ON A TRACT OF LAND OUT OF BLOCKS 84, 85 AND 95, WHEELOCK'S SECOND ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. J. R. Blumrosen appeared on behalf of Plains Cooperative Oil Mill, Inc. to present this request to zone from M-1 to M-2 for storage needs. No one appeared in opposition. Mayor McMinn closed the Public Hearing at 10:40 a.m. Assistant City Manager Jim Bertram gave the adjacent land use relationships as follows: North - railroad tracks South - industrial East - industrial West - existing oil mill According to Staff memo, the area is noted as Industrial on the Comprehensive Land Use Plan, and in the Zoning Policy, the area is interspersed with M-2, August 23, 1990 Page 637 90-49B--637-457 (20.) M-1 and C-4 zoning. Expansion into this area will enable the oil mill to store more seed away from Avenue A. No public response was received at the P&Z meeting. The request will have little or no effect on the adjacent street system; however, as cottonseed is placed on the site, there is the possibility of some lint drifting when there is windy weather. Staff recommended that the City Council uphold the Planning and Zoning Commission. Motion was made by Councilman Aderton, seconded by Councilman Patterson to pass on first reading Ordinance #9380 as recommended by P&Z and City Staff. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #9381 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2216-E; A ZONING CHANGE FROM C-3 SPECIFIC USE FOR SHOPPING CENTER TO C-3 SPECIFIC USE PERMIT FOR ELIMINATION OF SIDEWALK REQUIREMENT ON ORLANDO AVENUE ON LOTS 8 & 11, KING'S GATE NORTH ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Randy Andrews appeared on behalf of GRACO to present this request for Specific Use District to avoid sidewalk installation. No one appeared in opposition. Mayor McMinn closed the Public Hearing at 10:47 a.m. Staff memo indicated that, as in previous requests for avoiding sidewalks, discussions had no bearing on the fact that King's Gate has been developed and operated as a quality property. Two previous cases on King's Gate, one north and one south of 82nd, have previously been approved for the deletion of sidewalks in a Specific Use Permit. Assistant City Manager Jim Bertram gave the adjacent land use relationships as follows: North - commercial South - commercial East - playa controlled by GRACO West - commercial According to Staff memo, the request is not a Comprehensive Land Use Plan or Zone Policy question, and it should have little effect on traffic. During the P&Z hearing, two members of the Building Board of Appeals (Mike Landress and Roger Thornley) appeared to acquaint the Planning and Zoning Commission with the background, existing Ordinance requirements, and the current BBA feelings about sidewalks. Both requested the Commission to reverse their thinking from August 23, 1990 Page 638 (30.) (36.) previous cases and deny this request. They also voiced their concern that, in the original case on King's Gate South, the Planning and Zoning Commission and Council had approved waiver of sidewalks after having been turned down by the Building Board of Appeals. As in most cities, Lubbock has long considered sidewalks a public improvement in the right-of-way. The function is to separate the pedestrian from vehicular traffic and provide a safe path for walking in the public right-of-way. Walks are required to be installed at the finish of a building permit, after most heavy construction trucks are off the property that crush standard four inch concrete walks. Some cities require that walks be installed or bonded when the land is platted (as with water, sewer and streets). One of the two exceptions to sidewalks requirements includes a waiver from the Building Board of Appeals based on a hardship associated with the property, and the Board seldom approves requests for waivers. The second is based on a section of the Street and Sidewalk Ordinance which provides that the Planning and Zoning Commission, within a Specific Use Permit, can approve the Site Plan specifically deleting sidewalks. The last sentence of that section states "The Planning Commission shall consider the intent of this article [which is to provide sidewalks] when hearing any specific use zone case requesting deviation from existing requirement". Areas in town where the system either failed or even granted waivers provides evidence of the need by ruts in the parkway. The Planning and Zoning Commission discussion, as in previous cases, centered on a feeling by members that a double standard exists for private projects versus many municipal projects and most city parks not having sidewalks in place. Added to that discussion was agreement that King's Cate does an outstanding job of maintenance on the turf area where the sidewalk would be located. The member who voted against the proposal indicated that a good chance exists for the area north of this office park to develop as residential, and that pedestrian traffic going to the shopping center along Orlando would be served by having sidewalks. Two members reflected on the previous three requests and that the City Council apparently agreed with P&Z findings since the zone cases were approved. Motion was made by Mayor Pro Tem Baker, seconded by Councilwoman Trejo to pass on first reading Ordinance 49381 as recommended by P&Z and City Staff. Motion carried: 1 Yeas; 0 Nays. Hold an Executive Session to discuss land acquisition (Right 0f Way)—and-pending-litigation-(Civic Center). Hold an Executive Session to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Airport Board Lubbock MHMR Center Board of Trustees Board of City Development August 23, 1990 Page 639 90-49B-639-458 (37.) Motion was made by Councilwoman Trejo, seconded by Councilman Patterson to reappoint Joe Horkey and Dr. Hazel Taylor to the Airport Board. Motion carried: 5 Yeas; 0 Nays --Councilman Phillips and Councilman Aderton absent from Council Chambers. 90-49B-639-459 (38.) August 31, 1990. Motion was made by Councilwoman Trejo, seconded by Councilman Patterson to reappoint Jan Rigsby, Jim Kimmel, and Dr. Rudy Arredondo to the Lubbock Regional MHMR Center Board of Trustees. Motion carried: 6 Yeas; 0 Nays --Councilman Phillips absent from Council Chambers. 90-49B-.639-460 (39.) Consider one appointment to the Board of City Development -to fill the unexpired _term _of James Stonehocker. Mr. Stonehocker's term will expire December 13, 1990. Motion was made by Councilwoman Trejo, seconded by Councilman Patterson to appoint Ryan Provanzano to fill the unexpired term of James Stonehocker on the Board of City Development. Motion carried: 6 Yeas; 0 Nays -- Councilman Phillips absent from Council Chambers. There being no further business to come before Council, motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to adjourn the meeting at 12-:04 p.m. Motion carried: 7 Yeas; 0 Nays. �lf�. MCMI N, McAYOR T `Tfa tte Boyd, City cr tary READ AND APPROVED THIS 13TH DAY OF SEPTEMBER, 1990. C. McMINff, KAYOR (::aTe TES zt�,L ntee Boyd, ity S cretary t R-549 THE STATE OF TEXAS COUNTY NTY OF LUBBOCK Before me Frances Hernandez - a Notary Pubitc in and for Lubbock County. Texas on this day personally appeared T.J. Auiill Account Manager of the Southwestern Newspa- pers Corporation. pubiishers of the Lubbock Avalanche -.Journal — Morning. Evening and Sunday. who being by me duly sworn did depose and say' that Said newspaper has been published continuously For more than fifty-two weeks prior to the first insertion of this — Legal Notice_ _ No. 797780 at Lubbock County. Texas and the attached print- ers copy of the Legal Notice is it true ")py of the original and was printed in the Lubbock ,avalanche -Journal on the followinV dates Aug. 25 Sept. 1, 19990 - 279 words (d 1.00 = $279.00 A. 1 r - 2 e.n, Accountal;er NOTARY PUBLIC in and for the to of xas My Commission Expires"-�� Lt'I3I3OCK AV:1I Al, Southweste SECOND READING ORDINANCES ORDINANCE NO.9370 • • - - 7I Subscribed AN ❑RDINIANCE APPROV-IIjie this 24 (fti�' of Sept • -i;i't `?� — ING AND ADOPTING A BU>7GET 1 - - •• FOR FISCAL YEAR 19%-91: AP• 11 ED BUDGET FORM 58-10 PROVING REV15 FIGURES FOR FISCAL YEAR 1999.9D: PROVIDING FOR NEC- ESSARY TRANSFERSOF FUNDS BETWEEN ACCOUNTS AND DE- PARTMP-NTS, IF REQUIRED` APPROPRIATING FUNDS FOR THE 19Y9.90 FISCAL YEAR BUOGET OF THE CITY OF LU6• BOCKI ESTABLISHING CIVIL SERVICE CLASSIFICATIONS: AND PROVIDING FOR A SAV- INGSCLAUSE . OR01NANC E NO, 937% AN ORDINANCE SETTINGI THE TAX RATE AND LEVYING' A TAX UPON ALL PROPERTY SUBJECT TO TAXATION WITHIN THE CITY OF LUBBOCK. TEX- AS FOR THE YEAR 1"0. AP- PORTIONING SAID LEVY AMONG THE VARIOUS FUNDS AND ITEMS FOR WHICH REV- ENUE BE RAISED; NG THEUST TIME IN WHICH SAI D TAXES BE PAID AND ASSESS-