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Home My WebLink AboutMinutes - City Council - Regular - 9/27/1990Page 683 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING SEPTEMBER 27, 1990 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 27th day of September, 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, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr., and City Secretary Ranette Boyd. Absent: Councilwoman Maggie Trejo. Mayor McMinn called the meeting to order at 10:00 A.M. ( 1.) The Invocation was given by Trent Petty, Assistant to the City Manager. ( 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. ( 3.) Motion was made by Councilman Patterson, seconded by Councilman Phillips to approve the Minutes of the September 13, 1990 Regular City Council meeting as written. Motion carried: 6 Yeas; 0 Nays. ( 4.) Board Appointments 90-49B-683-499 ( 5.) October 6, 1990 from 11:00 a.m. until 3:00 p.m. Valerie Bloom, Community Relations Director for St. Mary's Hospital, requested a Loudspeaker Permit in conjunction with a Gala scheduled for October 6, 1990 from 11:00 a.m. until 3:00 p.m. at 4903 21st Street. According to Staff memo, Ms. Bloom has met all requirements for the permit, and Council approval is necessary due to the time and location in which the Gala is scheduled. Motion was made by Councilman Patterson, seconded by Councilman Phillips to approve issuance of a Loudspeaker Permit to St. Mary's Hospital for October 6, 1990 from 11:00 a.m. to 3:00 p.m. at 4903 21st Street. Motion carried: 6 Yeas; 0 Nays. September 27, 1990 Page 684 90-49B-684-500 ( 6.) ORDINANCE #9384--Amending Electrical Code of the City of Lubbock. ORDINANCE #9384 AN ORDINANCE AMENDING CHAPTER 2 AND CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE ELECTRICAL CODE OF THE CITY OF LUBBOCK, TEXAS; THE DUTIES OF THE BOARD OF ELECTRICAL EXAMINERS AND QUALIFICATIONS OF ELECTRICIANS WORKING IN THE CITY OF LUBBOCK; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Staff memo indicated that Charles Frye, representing the National Electrical Contractors Association requested, in a letter, that Section 6-160(d) be amended on second reading to specify that the two years of experience under a master electrician be for work for the general public. The City Attorney reviewed this request and said that the existing language spells out that someone holding a Master Electrician's License must obtain their experience for the "general public", and therefore the additional wording is not necessary. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Aderton to pass on second and final reading Ordinance #9384, without amendment requested by Mr. Frye. Motion carried: 6 Yeas; 0 Nays. 90-49B-684-501 ( 7.) ORDINANCE #9382--Abandoning and closing Underground Utility Easements located on Lots 1 and 2-A, Methodist Hospital Addition (3601 19th). ORDINANCE #9382 AN ORDINANCE ABANDONING AND CLOSING A 23,150 SQUARE FEET UNDERGROUND UTILITY EASEMENT LOCATED ON LOTS 1 & 2A, METHODIST HOSPITAL ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS 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. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to pass on second and final reading Ordinance #9382 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 90-49B-684-502 ( 8.) ORDINANCE #9383--Abandoning and closinq_a 5' Underground Utility Easement located in the King's Row Addition (3805 85th). ORDINANCE #9383 AN ORDINANCE ABANDONING AND CLOSING A FIVE-FOOT UTILITY EASEMENT LOCATED IN KINGS ROW ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED HEREINAFTER IN 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 PUBLICATION. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to pass on second and final reading Ordinance #9383 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. September 27, 1990 Page 685 90-49B-685-503 ( 9.) ORDINANCE #9385--Amending the Education Incentive Pay Provisions for Fire and Police Civil Service personnel. ORDINANCE #9385 AN ORDINANCE DEFINING TERMS IN RELATION TO EDUCATIONAL INCENTIVE PAY FOR CIVIL SERVICE MEMBERS OF THE FIRE AND POLICE DEPARTMENTS OF THE CITY OF LUBBOCK, PROVIDING FOR SUCH INCENTIVE PAY AND THE REQUIREMENTS AND BASIS THEREFOR, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION OF THIS ORDINANCE AND AN EFFECTIVE DATE HEREOF. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to pass on second and final reading Ordinance #9385 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 90-49B-685-504 (10.) 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. 90-49B-685-505 (19.) Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to pass on second and final reading Ordinance #9376 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. RESOLUTION #3454 WHEREAS, a 1977 square foot tract of land out of Tract 12, Lowery Subdivision, out of Section 37, Block A-K, Lubbock County, Texas, is hereby determined to be surplus to the needs of the City of Lubbock and can be sold, due to its size and shape, without bid procedures or publication to an abutting owner for its fair market value pursuant to Section 272.001 of Vernon's Texas Codes Annotated Local Government Code; and WHEREAS, said land has an appraised fair market value of $1,581.60, and an abutting owner, Sonny Arnold, Inc., has offered to purchase said land, and this City Council has hereby determined that it would be in the public interest to sell said land to said abutting owner at said fair market value; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT said sale as hereinabove set forth in the preamble hereof is hereby approved. SECTION 2. THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute a Quitclaim Deed from the City of Lubbock unto the said Sonny Arnold, Inc., as Grantee, for a consideration of $1,581.60 in cash paid to the City of Lubbock by said Grantee, a copy of which Deed is attached hereto and shall be spread upon the minutes of this Council, and as so spread upon said minutes shall constitute and be a part hereof as if fully copied herein in detail. September 27, 1990 Page 686 Passed by the City Council this 27th day of September, 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 City Attorney QUITCLAIM DEED THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas, hereinafter called "GRANTOR", for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration to GRANTOR in hand paid by SONNY ARNOLD, INC. hereinafter call "GRANTEE", the receipt of which is hereby acknowledged, does hereby by these presents ABANDON, DISCLAIM, RELEASE and FOREVER QUITCLAIM unto the said GRANTEE, all of GRANTOR's rights, title and interest in and to that certain tract or parcel of land lying and being situated in the County of Lubbock, State of Texas, described as follows, to -wit: A 1977 square foot tract of land out of Tract 12, Lowery Subdivision, out of Section 37, Block A-K, Lubbock County, Texas, and being more particularly described as follows: BEGINNING at 1/2" iron rod set in the South line of 34th Street for the Northeast and beginning corner of this tract, whence a railroad spike found at the Northwest corner of Section 37 bears North 02°30'38" East, a distance of 71.00 feet and North 87035'27" West, a distance of 169.08 feet; THENCE S. 02020'38" West, a distance of 207.61 feet to a 1/2" iron rod set in the East line of Milwaukee Avenue for the South corner of this tract; THENCE N. 03022'11" West, along the East line of Milwaukee Avenue, a distance of 178.07 feet to a 1/2" iron rod set for the P.C. of a curve to the right; THENCE Northeasterly, along the arc of said curve, an arc distance of 37.64 feet to the point of beginning, said curve has a radius of 30.00 feet, a central angle of 71°52'48", tangent lengths of 21.75 feet and a chord that bears North 32°34'13" East, a distance of 35.22 feet. TO HAVE AND TO HOLD the same premises together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said GRANTEE, its successors and assigns forever, so that neither the GRANTOR, its successors or assigns, nor any persons claiming under GRANTOR shall at any time hereafter have, claim or demand any right to the title to the aforesaid premises or appurtenances or any part thereof. September 27, 1990 Page 687 WITNESS MY HAND this 27th day of September, 1990. 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 LUBBOCK § s B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: s Harold Willard Harold Willard, Assistant City Attorney BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared B. C. McMINN, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed and in the capacity herein stated. 1990. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 27th day of September, /s/ Beatrice Cervantes Notary Public in and for the State of Texas My Commission Expires: 10-17-92 This Resolution allows approval of sale of a tract of land south of 34th Street along the future east right- of-way of Milwaukee Avenue to the abutting property owner and also authorizes the Mayor to sign a Quit Claim Deed from the City of Lubbock to Sonny Arnold, Inc. This piece of property was recently purchased from H. Kyle Seale, Trustee, as part of a 2.955 acre tract of land for the intersection of 34th Street and Milwaukee Avenue, and it is considered excess right-of- way. The total size of this narrow strip of land is 1,977 square feet, or 0.045 acres, and the valuation at 80 cents per square foot is $1,581.60, the City's sale price to Sonny Arnold. (The property abutting this tract of land was appraised by Don Harris, M.A.I., at 80t per square foot.) Staff recommended approval. Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Baker to authorize Resolution #3454 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 90-49B-687-506 (20.) Consider Ordinance #9386 abandoning and closing a portion of 33rd Street in Section 17, Block B (5001 Brownfield Highway). September 27, 1990 Page 688 ORDINANCE #9386 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 33RD STREET MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This Ordinance abandons and closes a 2,178 square foot (0.05 acre) portion of 33rd Street included in a 20- year Street Use License expiring in 1992. Ruel Nash, proponent of the street closure, is refinancing this property, and his loan company has requested that the Street Use License be made permanent or be removed due to its cancellation clause. At present, this area is occupied by landscaping and a parking lot. In 1984, Tom Scarborough, of Tom's Tree Place, replatted his property to the east and closed all of 33rd Street except for this 2,178 square foot tract. He was charged 50¢ per square foot for his street closure costs, and the same amount will be applied to Mr. Nash's closure. Therefore, 2,178 sq. ft. at 50¢ per sq. ft. totals $1,089. According to Staff, utility representatives are in agreement, and the preliminary plat has been submitted. Staff recommended approval. Motion was made by Councilman Patterson, seconded by Councilman Maloy to pass on first reading Ordinance #9386 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 90-49B-688-507 (21.) Consider Ordinance #9387 abandoning and closing two portions of a Right -Of -Way Easement located on Lot 1, Block 10, Nelson Brown Addition (4002 Quirt Avenue). ORDINANCE #9387 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A STREET EASEMENT LOCATED IN NELSON BROWN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This Ordinance abandons and closes two portions of a Right -Of -Way Easement granted by Energas (Pioneer Natural Gas Company), and is recorded in Volume 706, Pages 413 and 414 of the Lubbock County Deed Records on August 12, 1958 for Quirt Avenue and East 40th Street right-of-way. Energas is in the process of selling this property to a new owner and leasing it back from them for tax purposes. In order to sell and obtain a new loan, the lender requires a survey and two portions of the existing building are found to encroach upon this Easement. This building, located at 4002 Quirt Avenue, encroaches into the south parkway area of East 40th Street 50.40 square feet and into the west parkway of Quirt Avenue 61.75 square feet. Since Energas was the original dedicator, no charge will be made for these portions of easements being released. The $150 application fee has been paid. Staff recommended approval. September 27, 1990 Page 689 Motion was made by Mayor Pro Tem Baker, seconded by Councilman Aderton to pass on first reading Ordinance #9387 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 90-49B-689-508 (22.) Consider the closing of completed Community Development Projects and associated adjustments to the Contingency Fund. At the end of each fiscal year, the Community Development Projects completed during the previous 12 months are closed, and the budget underruns and over- runs are reconciled to the Contingency Fund. The following projects have been completed: CDBG CLOSEOUT 1989-90 REVISED UNDER OVER BUDGET 596117 PR -Landscaping Green Fair $ 2,386.15 $ 22,613.85 596618 CD -Professional Services/ Coronado (6,275.00) 94,275.00 597117 PR-Irrig./Hamilton Pk (21.87) 68,021.87 14th YR. Resid. Rehab (4413) (3,275.87) 603,275.87 14th YR. Chatman Hill 2,204.79 65,195.21 598101 PR -Burns Playground Renov. 7,213.56 14,586.44 598103 PR -Handicap Access/Wagner 11.57 22,888.43 598104 PR-Irrigation/Stubbs 15,520.63 54,479.37 598105 PR -Improvements/ Mackenzie II 630.47 72,369.53 598614 CD -Planning Documents 515.02 3,484.98 598118 PR -Hodges Pk Improvements 1,092.78 28,907.22 598419 CE-Alley Debris Program (5,247.14) 59,247.14 598916 LB -Handicap Access/Mahon 1,522.14 2,437.86 599102 PR-Butler/Outreach Prog. 1,228.13 6,771.87 599106 PR -Summer Rec. Prog. 5,123.71 13,876.29 599407 CE-Conc Code Enforcement 3,249.52 179,735.48 599608 CD -Emergency Repair 0.00 75,000.00 599609 CD -Indirect Cost (17,999.00) 117,999.00 599611 CD -Paint -Up Program (6,104.08) 26,104.08 599613 CD-Weatherization (0.67) 50,000.67 599214 HD -Health Dept. Expan. 32,550.00 0.00 599815 CS -Home Security/Elderly 8,293.82 21,706.18 599619 CD -Youth Sports 25,000.00 0.00 4411 CD -ADMINISTRATION 6,517.08 162,474.92 4415 CD -FIELD SERVICES 9,525.57 235,675.43 TOTAL TO CONTINGENCY $ 83,661.31 The budget underruns were primarily due to the Youth Sports Grant Application not receiving funding and the Health Department Expansion Project being funded from the General Fund. The Stubbs Park Irrigation Project and Burns Playground Renovation were under budget due to lower bid prices. The primary overruns were for Professional Services for the Coronado Project. The Indirect Cost budget reflects the payment of 100% of the allowable cost to the City for services. The closing of these accounts will increase the Contingency Fund from $148,573.36 to $232,234.67. September 27, 1990 Page 690 Motion was made by Councilman Patterson, seconded by Councilman Phillips to approve closing of completed Community Development Projects and associated adjustments to the Contingency Fund as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. (23.) Consider Resolution #3455 authorizing the Mayor to sign an Agreement with Marriott Coloration for the purpose of leasing additional office space in Lubbock International Airport Terminal. RESOLUTION #3455 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 lease agreement with the Marriot Corporation, for 144 square feet of office space in the Executive 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 27th day of September, 1990. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Bern E. Case Bern E. Case, Director of Aviation THE STATE OF TEXAS COUNTY OF LUBBOCK V 0 /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ 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 Marriot Corporation 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 obtain office space in the terminal building at the Lubbock International Airport. ARTICLE I. NOW THEREFORE, for and in consideration of the covenants and conditions herein contained and other valuable consideration, Lessor authorizes Lessee to exercise the rights, powers and privileges hereinafter set forth and does hereby lease to the Lessee approximately 144 square feet as shown in Exhibit "A", attached hereto and made a part of this Lease for all purposes. The term of this Agreement shall be for a period of two (2) years, commencing September 1, 1990. September 27, 1990 Page 691 ARTICLE II. In consideration of the rights and privileges herein granted, Lessee shall pay to Lessor a rental of Fifteen Dollars ($15.00) per square foot per year. Lessee shall pay to Lessor the rent as set forth in twelve (12) monthly installments of One Hundred Eighty and NO/100 Dollars ($180.00) payable in advance by the tenth (loth) day of each month. All payments 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 office space. 2. 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. 3. Lessee will erect no signs and will distribute no advertising matter in the Airport without the prior written consent of the Director of Aviation. 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. 4. All of Lessee's business operations and solicitations at the Airport will be confined to the leased premises. 5. Lessee shall not bind or attempt to bind Lessor for payment of any money in connection with 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 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 Lessee. 6. Failure of Lessee to comply with any requirement of paragraph 5 shall be cause for immediate termination of this Lease Agreement by Lessor. 7. Lessor shall assume no responsibility as to the condition of the leased premises and shall not assume responsibility for maintenance, upkeep, or repair necessary to keep the premises in a safe and serviceable condition. 8. 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. 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. September 27, 1990 Page 692 3. Any property of the Lessor or any property for which Lessor may be responsible, which is damaged or destroyed as a result of the exercise of the privileges herein granted or as a result of acts or omissions of employees or agents of Lessee, shall be properly repaired or replaced by Lessee to the satisfaction of Lessor, or in lieu of such repair or replacement, Lessee shall, if required by Lessor, pay to Lessor money in an amount deemed sufficient by Lessor to compensate for the damage sustained by Lessor by reason of the loss, or destruction of such property. 4. 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. 5. Lessee agrees to indemnify, defend and forever save and keep 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 Lessee, its agents, servants, employees or business visitors under this Agreement. 6. Lessee shall assume responsibility for the payment of all taxes and assessments, license fees and public utility charges levied on the business conducted on the leased premises or which may become due on the property of Lessee used in connection therewith from the date of execution of this Agreement. 7. Lessee acknowledges that it has been 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. 8. 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 obligations to make all required rental payments hereunder. 9. The failure of 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 Lessee's obligation with respect to such failure of performance shall continue in full force and effect. 10. 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. September 27, 1990 Page 693 In the event the lease payments have not been received by Lessor on or before the loth of the month in which the payment is due, Lessor shall have the right to terminate this lease upon ten (10) days notice to Lessee. A. Within fifteen (15) days following the date of expiration or termination of this Agreement, Lessee shall, as may be 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 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 to restore the leased premises to its original condition within fifteen (15) days of the expiration or termination of this lease, then, at the option of Lessor said property shall either become the property of Lessor without compensation therefor 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 Director 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: Marriot Corporation, Rt. 3, Box 385, Lubbock International Airport, 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. September 27, 1990 Page 694 EXECUTED this the 27th day of September, 1990. LESSOR: 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 Bern Case Bern Case, Director of Aviation APPROVED AS TO FORM: /s/ Jean E. Shotts, Jr. Jean E. Shotts, Jr., Assistant Trial Attorney 90-49B-694-510 LESSEE: MARRIOT CORPORATION BY:Ls/ Donald R. Sour DONALD R. SPUR, GENERAL MANAGER ATTEST: Secretary This two-year Lease is for approximately 144 square feet at $15 per square foot per year, and is consistent with current office space rates. According to Staff memo, Marriott has been an effective tenant. Marriott will receive credit for renovating the office space. Staff recommended approval of the new Lease. Motion was made by Councilman Phillips, seconded by Councilman Patterson to authorize Resolution #3455 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. (24.) Consider Resolution #3456 authorizing the Mayor to sign an Agreement with U.S. Customs Service to renew their Lease of office space at the Lubbock International Airport. RESOLUTION #3456 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 lease agreement with the United States of America, U.S. Customs Service, for 648 square feet of office space in the Executive 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. September 27, 1990 Page 695 Passed by the City Council this 27th day of September, 1990. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Bern E. Case Bern E. Case, Director of Aviation /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Jean E. Shotts, Jr. Jean E. Shotts, Jr., Assistant Trial Attorney COPY OF LEASE AGREEMENT FILED WITH RESOLUTION The U.S. Customs Service has leased 648 square feet of office space in the Executive Terminal building, located on the Airport's east side, since July, 1980. This one-year Lease is for 648 square feet of office space at $1 per year. In April, 1988, a new Lease was executed between the City of Lubbock and U.S. Customs Service for a period of one year (October 1, 1988 to September 30, 1989), with the option to renew at four one-year renewals. Under this Lease, the rent would be at $1 per annum, and Customs requested renewal of the Lease with identical rates, terms and conditions. Traditionally, airports provide space to the U.S. Customs Service at no cost because of the financial rewards of having the office at their facilities. The Airport Board, at its September 19, 1990 meeting, reviewed the Lease and recommended City Council approval. Staff recommended approval. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to authorize Resolution #3456 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. (25.) Consider Resolution #3457 authorizing the Mayor to sign a Contract with the State Department of Highways and Public Transportation for operating assistance. RESOLUTION #3457 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 Transporta- tion Contract (being numbered Contract 511-XXF-6008) to be entered into by and between the City of Lubbock and the Texas State Department of Highways and Public Transportation, 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. September 27, 1990 Page 696 Passed by the City Council this 27th day of September, 1990. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry V. Hoffman Larry V. Hoffman, Director of Transportation CONTRACT FILED WITH RESOLUTION /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: !s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney This Contract with the State Department of Highways and Public Transportation provides $102,430 in State funding for operating assistance for Fiscal Year 1990- 91 (October 1, 1990 - September 30, 1991). Citibus estimated the City of Lubbock would receive $94,362 in State funding during the budget process which could help offset higher fuel costs. Operating Assistance Grant - breakdown: Federal State Local* Total $1,250,000 102,430 1,147,570 $2,500,000 *Maximum city share for operating assistance is $547,524. The rest is made up from Texas Tech University funds, Methodist Hospital park and ride funds, other route guarantees (subscription service), and additional anticipated State assistance. Citibus' budget - breakdown of City funds: Operating $ 547,524 Capital 68,250 Technical Study 12,000 Bus Purchase 12,300 Total $ 640,074 Staff recommended approval. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to authorize Resolution #3457 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 90-49B-696-512 (26.) Consider Resolution #3458 authorizing acceptance of water and sewer improvements for Lot 8 through 12, King's Gate North Addition. RESOLUTION #3458 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 8 THROUGH 12, KING'S GATE NORTH ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. September 27, 1990 Page 697 WHEREAS, the developer of Lots 8 through 12, King's Gate North Addition has complied with the provision of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, 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 $24,228.19 with the improvements constructed by Utility Contractors of America having a value of $15,991.05 as determined by the unit prices established by said Chapter 28 and $922.88 cash paid to the City and $7,314.26 transferred from Contract #5670 W/S refund, with Graco, the developer to receive a refund of $1,670.83 in accordance with Chapter 28 of the Code of Ordinances 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 $1,670.83 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after is passage. Passed by the City Council this 27th day of September, 1990. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Wilford D. Watson Wilford D. Watson, Chief Water Utilities Engineer IsZ B. C. McMinn B. C. McMINN, MAYOR 1.1]a t11TlIIZt;S[$A111:1uA /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 $24,228.19, including construction costs of $15,991.05 ($922.88 cash paid to the City and $7,314.26 transfer from Refund Contract 5670 w/s). The Developer, GRACO, will receive a refund of $1,670.38 in accordance with Chapter 28 of the Code of the City of Lubbock. (There is no refund of deposit.) Staff recommended acceptance of these improvements. Motion was made by Councilman Patterson, seconded by Councilman Aderton to authorize Resolution #3458 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. September 27, 1990 Page 698 90-49B-698-513 (27.) Consider Resolution #3459 authorizing the Mayor to sign an Engineering Agreement for design services at the Southeast Wastewater Treatment & Disposal Facilities. RESOLUTION #3459 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 for Engineering Services by and between the City of Lubbock and Black & Veatch, 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 27th day of September, 1990. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Dan A. Hawkins Dan A. Hawkins, P.E., Director Water Utilities AGREEMENT FILED WITH RESOLUTION /s/ B. C. McMinn B. C. McMINN, MAYOR " :1091I_l;IM&A141114 /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The City of Lubbock has been funded through the Texas Water Development Board's SRF Program for the proposed long-range wastewater improvements for the Program's Fiscal Year 1990 funding of approximately $23,000,000. The remaining funding necessary, estimated to be for $29,000,000, will be sought during Fiscal Year 1991/1992 Board's SRF Programs. The City of Lubbock has been included in the Fiscal Year 1991 Intended Use Plan as number 1 in population category E (which means that Lubbock stands to receive all the approved 1991 funding allocated to this specific category). Once a loan commitment is finalized (later this year), the City of Lubbock should be far enough along in its engineering design phase to ensure completion of the facilities design within the time frame allocated by the Texas Water Development Board SRF Program. The City of Lubbock has been negotiating with the firm of Black and Veatch for the past two months in an attempt to reach a mutually acceptable agreement for engineering services, including design and preparation of plans and specifications as well as pre -award services. Black and Veatch developed the Engineering Report and Environmental Information Document during the pre -design phase for the SRF wastewater improvements project. The City Attorney's Office reviewed this Contract and has approved its form. In summary, the major points of this Agreement for engineering services are to provide design, geotechnical, field survey, and pre -award services for the following facilities included under this project: September 27, 1990 Page 699 90-49B-699-514 (28.) 1. Pipeline from treatment facilities to terminal storage reservoir; 2. Advanced wastewater treatment plant and administration, maintenance and operations building; 3. Headworks and solids handling facilities; 4. Discharge pipeline and facilities downstream of Lake Ransom Canyon; 5. Rehabilitation of existing treatment plants #2 and #3; and 6. Rehabilitation of existing laboratory building. The scope of services will include engineer's travel for meetings with City Staff, with the Texas Water Development Board and Texas Water Commission, preparation of design memorandums for value engineering services, geotechnical engineering services (through a subcontract) to determine site specific geophysical information necessary for design, field survey services (through a subcontract), preparation of construction drawings and specifications, acquisition of permits, and pre -award services including project cost estimates and assistance in bid distributions. The maximum billed for the engineer's personnel services should not exceed $3,020,000 without further written authorization. In addition, engineer's and subcontractor's reimbursable expenses estimated to be $375,000 shall be billed at cost and supplemental services at an hourly fee for engineer's personnel are listed in a schedule; these must be established before the work is started. Staff visited with the Texas Water Development Board in Austin concerning cost estimates for engineering services for the anticipated work, and after review of the scope of services, have agreed that the City of Lubbock has reached a fair and reasonable price with Black and Veatch for the performance of the services. Cost estimates for the proposed services were also determined from the Texas Society of Professional Engineers scale, and the estimated costs correlate with the estimated maximum billing cost included within the Agreement for Engineering Services. Motion was made by Councilman Maloy, seconded by Councilman Phillips to authorize Resolution #3459 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. services. RESOLUTION #3460 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: September 27, 1990 Page 700 THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement by and between the City of Lubbock and National Center for Municipal Development, 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 27th day of September, 1990. ATTEST: L1 Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Zsl Bob Cass Bob Cass, Deputy City Manager s B. C. McMinn B.C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney AGREEMENT Between the City of Lubbock, Texas and the NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT, INC. Washington, D.C. WHEREAS, the City of Lubbock, ("City"), in consultation with other major cities in Texas, has determined that there is a need for jointly sponsored Washington representation; and WHEREAS, this need is particularly pressing in relation to: 1. information about legislative and executive action on issues of common interest, 2. transmitting city positions on these issues to the Con- gressional delegation and to the Administration, and 3. obtaining individual City service to pursue defined projects or individual legislative priorities, and WHEREAS, the National Center for Municipal Development is known to the Cities and is capable of and willing to undertake such representation in Washington, NOW, THEREFORE, the City of Lubbock, in association with and recognizing the concurrent participation of the Cities of Dallas, Fort Worth, Houston, Lubbock and Plano (collectively, the "Cities") enters into this agreement with the National Center for Municipal Development ("NCMD.") I. OBLIGATIONS OF THE NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT, INC. A. NCMD will operate a unit to act as a Washington office for the Cities and will assign a member of its staff as head of this unit. NCMD will furnish requisite staff, office space, utilities, furnishings, and equipment, secretarial services, common -use office supplies and services, and general administrative support. September 27, 1990 Page 701 B. NCMD will consult with the "Committee" (see section IIE) to determine issues of specific interest to the Cities and to determine policies and positions which the Cities as a group hold and wish to be pursued by NCMD. In cases in which the City positions differ from or conflict with the Cities' group position, NCMD will consult with the City and the Committee to determine the proper course of action. C. Information. 1. NCMD will provide regular information on Washington issues and events of interest to the Cities. This will be done by: a) "Washington Report," a regular publication of NCMD, b) written reports, bulletins, and memoranda on developments in Texas -specific issues, and c) direct phone contact. 2. NCMD will present federal affairs briefings for the Cities at times and places specified by the Committee. D. Congressional Relations. NCMD will establish, and maintain on a regular basis contact with the Texas Senators and the Cities' delegation in the House of Representatives. E. Individual City Services. 1. NCMD will, at its own instance, initiate and pursue research, reports, meetings, consultation and other activities on matters of interest to the City and will respond to requests for similar actions from the City. It will inform the Administration and Congress of the needs of the City. Such services and activities will be provided at a cost of $85.00 per hour. 2. Should billable costs for the contract period appear to exceed the costs specified in Sections II, B or C, NCMD will notify the City, together with its estimates of the extra amounts expected to be required, the reasons therefor, and its recommendation to the City. II. OBLIGATIONS OF THE CITY A. The City will contract with NCMD for specified services for a period of one year, commencing October 1, 1990 and ending September 30, 1991. B. Service Costs. elements: The service cost of this Contract is composed of three a) A retainer of $13,608.00 per year. b) Thirty-six assured -usage of hours of service at $85.00 per hour, totalling $3,060.00. c) Optional use hours of service at the rate of $85.00 per hour. C. Reimbursable Costs --Not to Exceed $5,000.00. September 27, 1990 Page 702 1. Costs incident to travel outside Washington D.C., for long-distance telephone calls and for expedited communication services shall be reimbursed to NCMD upon submission of its invoice to the City. It is understood that travel is to be preauthorized by the City or the Committee. In the case of travel authorized by the Committee, the City agrees to pay its pro-rata share of the costs. 2. Cost for the following items which exceed the allocation for such items in the basic contract cost shall, when authorized by the City or the Committee, be reimbursed to NCMD upon presentation of its invoice. a) Subscription and dues. b) Printing and graphics. c) Supplies. d) Provision of local ground transportation in Washington. e) Rental of meeting facilities and other meeting expenses. If an expenditure under this section is authorized by the Committee, the City agrees to pay its pro-rata share. D. Contract costs are payable as follows: 1. The retainer and assured hourly costs of $16,668.00 are payable, quarterly, in advance in these amounts: October 1, 1990 $4,167.00 January 1, 1991 $4,167.00 April 1, 1991 $4,167.00 July 1, 1991 $4,167.00 2. The optional hourly costs above the first thirty-six hours of service are payable upon billing by NCMD, after the assured hours of service have been exceeded. (Sec. II, B. 2) E. The Committee. 1. The City will appoint a member to a Committee of the Cities associated in this effort. The Committee will appoint its own chairperson and determine the times and places of its meetings. The functions of the Committee are: a) To determine common positions on federal issues which NCMD is to pursue on behalf of the Cities. b) To discuss apparent conflicts or differences on issues or projects which may arise among the Cities and to resolve them in terms of a course of action for NCMD. c) To monitor the function and operation of the Washington office to determine if it is fulfilling the goals and objectives for which it was designed. d) To authorize travel and other reimbursable expenses to be incurred for the common purposes of the Cities. September 27, 1990 Page 703 F. General. 1. The City will inform NCMD of the person(s) authorized to request services and to serve as the chief contact. 2. The City will supply the Center with a summary of the federal programs in which the City is participating and other information necessary to an understanding of the City's purposes in relation to the federal government. III. THE CITY AND THE CENTER CONCUR THAT THE FOLLOWING EXCLUSIONS SHALL APPLY TO THIS AGREEMENT A. NCMD will not: 1. Directly or indirectly participate in or intervene in any political campaign on behalf of or in opposition to any candidate for public office. 2. Will not represent the interests of local constituents in pursuit of federal business. 3. By virtue of this agreement, represent other local agencies in the City except those which are instrumentalities or agencies of the City. 4. Perform any legal, engineering, accounting, or other similar professional services. 5. Will not represent a position which clearly and directly opposes national policies of the National League of Cities and U.S. Conference of Mayors. IV. TERMINATION AND EFFECTIVE DATE Either party may terminate this agreement at any time by giving the other at least ninety days' written notice. This agreement shall take effect on October 1, 1990. DULY PASSED AND APPROVED THIS THE 27th DAY OF September, 1990. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Bob Cass Bob Cass, Deputy City Manager FOR THE CITY OF LUBBOCK, TEXAS /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney FOR THE NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT, INC. PRESIDENT September 27, 1990 Page 704 90-49B-704-515 (29.) In 1986, the City Council approved a Contract between the City of Lubbock and the National Center for Municipal Development in which the cities of Lubbock, Plano, Houston, Dallas and Fort Worth entered into a Joint Contract for federal representation services. Under the Contract, the cities receive routine notifications on various items of interest from Washington and are also able to secure specific services for individual City projects. Contract costs for the forthcoming year are broken down as follows: 1. Retainer - $13,608 2. 36 Assured Usage Hours of Service - $3,060 3. Reimbursables - Not to Exceed $5,000 In addition, Staff is able to secure additional hours of service at a rate of $85 per hour. According to Staff memo, it is possible that another city will join the group during the forthcoming fiscal year, and in that event the City's annual costs would be reduced. Staff advised that the NCMD services have been of significant value to the City of Lubbock, and it was agreed by all parties that this Contract has provided the most cost-effective method for cities to secure representation services before these agencies in Washington. Staff recommended approval of this Contract. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to authorize Resolution #3460 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. Consider Resolution #3461 accepting the assignment of Economic Development Contracts and authorizing execution of a Letter Agreement with Lubbock Chamber of Commerce. RESOLUTION #3461 WHEREAS, the Texas Constitution has been amended by adding thereto a new Article 3, Section 52-a, permitting the Legislature to enact legislation enabling local governments to expend public funds in aid of economic development within their jurisdictions; and WHEREAS, the Legislature thereafter enacted House Bill No. 3192, House Bill No. 28 and Senate Bill No. 971 during the 1989 Legislative Session, all of which enactments pertain to economic development activities by municipalities; and WHEREAS, Chapter 3 of the Charter of the City of Lubbock provides for a City of Lubbock Board of City Development to receive certain funds and to expend them for economic development purposes; and WHEREAS, such requirements are inconsistent with the provisions of House Bill No. 3192, House Bill No. 28 and Senate Bill No. 971, which enactments place nondelegable duties with regard to economic development on the City Council by state law; and WHEREAS, such state laws of general application supersede city charter provisions to the extent of any conflict under the legal theory of preemption; and September 27, 1990 Page 705 WHEREAS, the City Council of the City of Lubbock is now required to execute contracts for economic development of the community itself and may no longer delegate such contracting authority; and WHEREAS, the City Council of the City of Lubbock hereby assumes responsibility for the following named contracts pertaining to economic development; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City Council of the City of Lubbock hereby assumes and accepts all rights, privileges and duties contained in the following contracts, which contracts and appropriate approvals of assignment are attached hereto and made a part hereof for all purposes: Board of City Development Support Services Contract with the Lubbock Chamber of Commerce (1989). Funding Agreement, Lubbock Chamber of Commerce with Comerciantes Organizado Mexico-Americanos (1988). Funding Agreement, Lubbock Chamber of Commerce with Lubbock Chamber of Black Entrepreneurs (1988). SECTION 2. THAT the Mayor BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Letter Agreement for Support Services by and between the City of Lubbock and the Chamber of Commerce, which Letter Agreement is attached hereto and made a part hereof for all purposes. Passed by the City Council this 27th day of September, 1990. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO FORM: s Bob Cass Bob Cass, Deputy City Manager September 27, 1990 Mr. Mark Womble, Chairman Lubbock Chamber of Commerce P.O. Box 561 Lubbock, TX 79408 Dear Mr. Womble: /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Zsl Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney CITY OF LUBBOCK Mayor B. C. "Peck" McMinn City of Lubbock P.O. Box 2000 Lubbock, TX 79457 RE: Support Services Contract As you know, the Board of City Development has assigned its Support Services Agreement with the Lubbock Chamber of Commerce to the City of Lubbock for performance during the remainder of its term because of recent changes to State laws and City ordinances. We are looking forward to being able to work directly with the Chamber of Commerce in the future to promote the economic development of the City of Lubbock. September 27, 1990 Page 706 The changes to State laws and ordinances that I mentioned above will require some changes to the Support Services Contract in order to comply with them, but we feel that this Letter of Agreement will be sufficient official action to clarify the Contract provisions. Needless to say, since the City of Lubbock has assumed the role of the Board of City Development in the Agreement, the Agreement should be read as referring to the "City", the "City Council" or the "City of Lubbock" at the places where it presently refers to the Board of City Development or the "Board" of the Board of City Development. In addition, the provisions of Article VII on compensation to the Chamber must be amended due to the changes in State laws on economic development. Compensation to the Lubbock Chamber of Commerce, together with other economic development funding agreements entered into by the City Council, must be on an annual basis as set in the City's annual budgeting process. Therefore, compensation to the Lubbock Chamber of Commerce, together with other economic development funding agreements entered into by the City Council, must be on an annual basis as set in the City's annual budgeting process. Therefore, funding to the Chamber under the Support Services Contract for FY 90-91, beginning October 1, 1990, shall be $297,004.00. For each remaining year of the term of the Support Services Contract, funding shall be as established for each individual budget year based on the duties to be performed by the Chamber. I am providing you with two original copies of this Letter of Agreement so that both the Chamber and the City may retain a signed copy. Sincerely yours, /s/ B. C. McMinn B. C. "Peck" McMinn Mayor Lubbock Chamber of Commerce: Mark Womble, Chairman Date: September 27, 1990 LUBBOCK BLACK CHAMBER OF ENTREPRENEURS, INC. (806)747-9804 2812 Weber Drive Lubbock, Texas 79404 September 7, 1990 Mr. Mark Womble, Chairman Lubbock Chamber of Commerce P.O. Box 561 Lubbock, Texas 79408 RE: Assignment of Contract to City of Lubbock Dear Mr. Womble: The Lubbock Black Chamber of Entrepreneurs, Inc. hereby gives its approval of the assignment by the Lubbock Chamber of Commerce of its contract with our organization dated December 21, 1988, to the City. The Lubbock Black Chamber of Entrepreneurs, Inc. recognizes that funding must be on an annual basis hereafter due to changes in State law and hereby approves funding under its Funding Agreement for FY 90-91, beginning October 1, 1990 of $41,069.00. September 27, 1990 Page 707 Thank you very much for your past assistance and cooperation. Sincerely yours, IsI Rev. Kado Lang Rev. Kado Lang Chairman, Lubbock Black Chamber of Entrepreneurs, Inc. COMA COMERCIANTES ORGANIZADOS MEXICO-AMERICANOS LUBBOCK HISPANIC CHAMBER OF COMMERCE (806)762-5059 P.O. Box 886 1603 13th St., Suite 212 Lubbock, Texas 79408 September 24, 1990 Mr. Mark Womble, Chairman Lubbock Chamber of Commerce P.O. Box 561 Lubbock, Texas 79408 RE: Assignment of Contracts to City of Lubbock Dear Mr. Womble: Comerciantes Organizados Mexico-Americanos hereby gives its approval of the assignment by the Lubbock Chamber of Commerce of its contract with our organization dated December 21, 1988, to the City. Comerciantes Organizados Mexico-Americanos recognizes that funding must be on annual basis hereafter due to changes in State law and hereby approves funding under its Funding Agreement for FY 90-91, beginning October 1, 1990 of $54,759.00. Thank you very much for your past assistance and cooperation. Sincerely yours, s Adam Lara Adam Lara, Chairman Comerciantes Organizados The process of assigning the Economic Development Contracts to the City was outlined in the September 13, 1990 Council Work Session. A major point of discussion during review of the 1990-91 Budget was the nature of the future relationship between the City of Lubbock and the organizations providing economic development services. Where most of the organizations had contracted directly with the Board of City Development, Council indicated a preference for a more direct link between the City and the organizations. As a result, Staff was directed to take steps appropriate for the reassignment of all Contracts from the BCD to the City of Lubbock. Rather than execute an entirely new contract with each of the economic development organizations, Council stated their intent to simply ask that each of the existing contracts be assigned, in its basic present form, to the City. September 27, 1990 Page 708 Staff conducted an analysis of the steps to accomplish Council's objectives and discussed these on September 13. It was the consensus of Council at that time to proceed with the plan as follows: 1. Passage of a Resolution which would state that all contracts are now assigned to the City. (The Contract between the BCD and Texas Tech Univer- sity Small Business Development Center has not been included in this reso- lution. The BCD Executive Committee has recommended to Council that this Contract remain with the BCD so that the SBDC program of work will coincide with the overall goals and objectives of the BCD and allow the Small Business Committee of the BCD to maintain over- sight.) 2. Execution of Letter Agreement regarding the Support Services Agreement with the Chamber of Commerce cleaning up some of the language between the City (currently the BCD) and the Lubbock Chamber of Commerce with reference to the amount of funding. 3. Execution of a letter from the BCD to the City of Lubbock assigning the Support Services agreement with the Lubbock Chamber of Commerce to the City and delegating to the City of Lubbock all duties and obligations of performance under the Contract. 4. Execution of a letter from the Lubbock Chamber of Commerce assigning all duties and obligations for performance for the contracts between the Chamber and the Lubbock Black Chamber of Entrepreneurs (LBCE) and Comerciantes Organizados Mexico-Americanos (COMA). Also included as part of this process is: LBCE Funding Agreement and approval of assignment. COMA Funding Agreement and approval of assignment. Approval of assignment of both Contracts by BCD. Staff hand -delivered a complete set of these documents to each organization, explained the suggested process and asked for comments or recommendations on the language used in the letters. Staff asked each organization to allow their attorney to review the documents and notify them of any changes desired and no requests to change any of the wording in the letters were received. Motion was made by Councilman Maloy, seconded by Councilman Patterson to authorize Resolution #3461 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. September 27, 1990 Page 709 90-49B-709-516 (16.) Hold a Public Hearing to consider a request for a Limousine Permit on behalf of Tammy Carroll for White Knights Limousine Service. Tammy Carroll, representing White Knights Limousine Service, appeared to request a Limousine Permit. No one appeared in opposition. Mayor McMinn closed the hearing at 10:17 a.m. According to Staff memo the City Council granted a Limousine Permit to Tammy Carroll, owner of White Knights Limousine Service in May; 1989. The permit expired in May, 1990, and Ms. Carroll did not request renewal due to an accident this Spring which totaled one of her limousines. Ms. Carroll was unable to replace the damaged limousine within a reasonable time; therefore, the Limousine Permit expired, and Council was asked to hear request for a new Permit. To date, Mrs. Carroll has been unable to replace the damaged limousine but is requesting Council approval to permit her business for two limousines, even though she will only have one in operation until she is able to purchase the second one. The requirements of the Vehicle -For -Hire Code pertaining to performance bond, insurance, annual financial information, rates and maintenance records have been met. In determining whether or not public convenience and necessity will be met by granting this permit, Council was asked to consider that currently the City of Lubbock has only one permitted limousine operation (Sexton Enterprises) with only one limousine. During the period White Knights Limousine was in operation, the City received no complaints. Based on the information gathered by Staff and the analysis of the financial records submitted by White Knights Limousine, Staff recommended Council approval of this permit. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to approve issuance of a Limousine Permit to White Knights Limousine Service. Motion carried: 6 Yeas; 0 Nays. 90-49B-709-517 (30.) BID #10875--Ammunition--Yearly pricing (Police Department). Accurate Ammunition, Rapid City, SD--30 M .38 Special 128 GR5JHP Remington R38S2; 20 M 9M 115GR. JHP Remington R9MM1. GT Distributors, Austin--4 M 12-gauge 00 Buckshot, Remington SP 1200 BK; 5 M 12-gauge Rifled slug, Remington SP 12RS. Hill Country Wholesale, Austin--15 C Federal 308M .308 Win. W/168 GR. Sierra Boattail HP; 15 C .223 Remington, 55 GR, HP, Remington R22R2. Precision Delta Corp., Ruleville, MS--40 M 9MM FMJ, Winchester Q4172. September 27, 1990 Page 710 Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to authorize low bids meeting specifications. Motion carried: 6 Yeas; 0 Nays. 90-49B-710-518 (31.) BID #10887--PVC valves and fittings (Water Utilities Department). Moore Supply Co.--3 ea. 18" Class 150-B butterfly valve; 1 ea. 20"X20"X18" flange outlet; 1 ea. 20"X6" tapping assembly. Western Ind. Supply--1 ea. 14"X8" tapping sleeve, stainless steel. Watermaster Irrigation--8 ea. 4" MJ swing check valve. Oberkampf of Lubbock--6 ea. 18" flange x plain end adapters. Morrison Supply Co.--1 ea. 18"X18" SDR 41, tee; 2 ea. 18" 90 deg. bend, SDR41; 6 ea. 18" 45 deg. bend, SDR 41; 3 ea. 18" 22.5 deg. bend, SDR 41; 2 ea. 18"X4" threaded female outlet, SDR 41; 1 ea. 8"X8"X6" gasketed tee, SDR 41. Waterman Ind. Sales--8 ea. 4" flange end flap valve. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to authorize low bids meeting specifications. Motion carried: 6 Yeas; 0 Nays. 90-49B-710-519 (32.) BID #10898--T-shirts (Parks and Recreation). Cardinal's Sport Center--6,000 ea. T-shirts, short sleeve; 480 ea. T-shirts, long sleeve. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to authorize low bid meeting specifications. Motion carried: 6 Yeas; 0 Nays. 90-49B-710-520 (33.) BID #10913--SCADA Software (Water Treatment). Q.E.I., Inc., Springfield, NJ--1 lt. Quics IV Software and Licensing. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to authorize low bid meeting specifications. Motion carried: 6 Yeas; 0 Nays. 90-49B-710-521 (34.) BID #10799--Parks playground equipment (Parks and Recreation). Modlin Equip. Co., Lewisville--1 ea. playground assembly; 1 ea. playground assembly; 4 ea. spring action figure; 1 ea. spring action figure; 1 lot swing set; 1 lot volleyball post and net. Miracle Recreation, Sand Springs, OK--10 ea. picnic table. Quality Industries, Plano--1 lt. playground assembly. September 27, 1990 Page 711 Kraftsman Supply, Houston--6 ea. park bench. B.J.'s Park and Recreation Prod., Friendswood--1 lot basketball goals. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to authorize low bids meeting specifications. Motion carried: 6 Yeas; 0 Nays. 90-49B-711-522 (35.) BID #10721--Micro-Computer hardware and software (Information Services). IBM, Entre Computer Center, Valcom Computer Center, Dell Computer Corp., Austin, Compuado, Austin, Phoenix System, Inc., Digital Eq. Corp., NCR, Radio Shack, HDR FM, Inc., Xerox Corp. RFP responses evaluated by price, compatibility with existing equipment, ability to service, and hardware and software available. Vendors were ranked based on their evaluated responses and will provide hardware and software to the City of Lubbock based on rank and ability to satisfy individual requirements of the city. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to authorize low bids meeting specifications. Motion carried: 6 Yeas; 0 Nays. 90-49B-711-523 (36.) BID #10878--Engine oil and lubricants (Central Warehouse). Industrial Lubricants--200 case all-purpose tube grease, tube or cartridge, 10 tubes per case; 2,250 case motor oil, 15W-40, 12 quarts per case; 250 case motor oil, 5W-20, 12 quarts per case. Texaco Lubricants Co., Amarillo--130 ea. wheel bearing grease, 1 lb. can or cartridge; 8 case outboard motor oil, SAE 40, 12 quarts per case; 40 case motor oil, 40W HD, 12 quarts/case; 1,000 case motor oil, 30W HD, 12 quarts/case; 7 drum gear lubricant, multi -grade 85W- 140, 120 lb. drums; 2,250 case motor oil, 15W-40, 12 quarts/case. Western Marketing, Inc.--68 drum antiwear hydraulic oil, ISO 46 55 gal. drums; 4 case motor oil, IOW chain & bar oil, 12 quarts/case; 150 drum motor oil, 15W-40 55 gal. drums; 4 drum chassis lube/grease, 140W 400 lb. drums; 250 case auto. transmission fluid, Dexron II, 12 quarts/case; 15 case motor oil, 2-cycle 24-8 oz. cans/case; 218 drum aut. transmission fluid, Dexron II 55 gal. drums. Becker Oil Co., Slaton--15 drum hydraulic oil, dielectric aircraft 55 gal. drum. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to authorize low bids meeting specifications. Motion carried: 6 Yeas; 0 Nays. September 27, 1990 Page 712 90-49B-712-524 (15.) 90-49B-712-525 (11.) ZONE CASE #2648 (1508 East 74th and 7404 Quirt Avenue) H. K. Daniel, proponent, informed Council that he does not need M-1 zoning as he previously requested and asked permission to have his request changed to Garden Office zoning and reconsidered by Planning and Zoning Commission. Motion was made by Councilman Patterson, seconded by Councilman Phillips to refer Zone Case #2648 to P&Z for rehearing and stipulating that proponent not be charged a fee for this reconsideration. Motion carried: 6 Yeas; 0 Nays. ORDINANCE #9388--Zone Case #2649 (1602 Avenue K)--Hold a Public Hearing to consider request of Rowena Groth (for Chrysilis Substance Abuse Treatment Center) for zoning change from C-4 to C-4 Specific Use on Lots 18- 20, Block 195, Original Town. ORDINANCE #9388 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2649; A ZONING CHANGE FROM C-4 TO C-4 SPECIFIC USE PERMIT FOR A SUBSTANCE ABUSE TREATMENT CENTER ON LOTS 18-20, BLOCK 195, ORIGINAL TOWN, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Dennis Hutchinson, representing Chrysilis Substance Abuse Treatment Center, appeared to request this use for an "after care" (or after release from a program) center. William Harper spoke in favor of this request. No one appeared in opposition. Mayor McMinn closed the hearing at 10:50 a.m. Assistant City Manager Jim Bertram gave the adjacent land use relationships as follows: North - vacant lots South - a vacant house and an alcohol recovery center called the Walker House East - commercial and the Salvation Army building West - medium density housing The Comprehensive Land Use Plan notes this entire area as commercial, and zoning policy is not a direct factor, other than the public hearing emphasis of the Specific Use Permit. According to Staff memo, the center is a voluntary room and board home, with counseling available. The primary function of the Specific Use Section is for public hearing and reaction of adjacent owners, and no one appeared during the Planning and Zoning Commission hearing. September 27, 1990 Page 713 The property originally built as an apartment or boarding house in 1929 was known as the Fickas Apartments and later the College Arms. Parking on the rear of the lot will accommodate four or five cars, and off street parking has always been substandard. The Planning and Zoning Commission discussed the lack of parking and also whether the adjacent facility (the Walker House) has sufficient parking. The proponent indicated that five or six staff members would be at the facility and that residents would probably not be allowed to have vehicles as the center would provide transportation. As a Specific Use Permit without a requirement for additional off -site parking, approval of this request will make the existing parking "legal". According to Staff comments, the structure has been given a repair or demolish order by Housing Standard Commission, but the group has garnered a significant amount of volunteer help for rehabilitation of the structure. Staff did not advocate making a zoning decision on building condition, but wanted the Commission to be aware that the proponent faces a long and expensive process to meet the Building Code. The Planning and Zoning Commission approved the request and Staff supports their recommendation. Motion was made by Councilman Patterson, seconded by Councilman Maloy to pass on first reading Ordinance #9388 as recommended by P&Z and Staff. Motion carried: 6 Yeas; 0 Nays. 90-49B-713-526 (12.) ORDINANCE #9389--Zone Case #2655 (4257 34th Street) -- Payne Subdivision. ORDINANCE #9389 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2655; A ZONING CHANGE FROM C-2 TO C-3 SPECIFIC USE PERMIT FOR A SERVICE STATION AND DRIVE THROUGH CAR WASH ON LOT 1, PAYNE SUBDIVISION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. R. J. Archibald, representing Texaco Refining and Marketing, Inc., presented this request for zone change. No one appeared in opposition. Mayor McMinn closed the Hearing at 10:58 a.m. Assistant City Manager Jim Bertram stated that Texaco Petroleum has assumed control of most of their stations in Lubbock, and the two cases on this agenda for C-3 Specific Use are essentially the same. The existing station at this location will be demolished and a new facility installed. Staff recommended Specific Use to accommodate a setback reduction for the canopy. The solid structures meet commercial setback requirements, but the C-3 desig- nation is needed to accommodate the single stall drive - through car wash. Both locations will be similar to the property at 50th and Slide Road and adjacent land uses on all sides are commercial. September 27, 1990 Page 714 90-49B-714-527 (13.) The Specific Use Permit will provide for a canopy setback of 17' on Quaker and 38' on 34th Street; otherwise, the proposal is compatible with Zoning Policy. At the P&Z hearing one citizen questioned several aspects of the Site Plan but had no objections. Staff recommended that the City Council uphold the Planning and Zoning Commission approval. Motion was made by Councilman Maloy, seconded by Mayor Pro Tem Baker to pass on first reading Ordinance #9389 as recommended by P&Z and Staff. Motion carried: 6 Yeas; 0 Nays. Briercroft Addition. ORDINANCE #9390 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2657; A ZONING CHANGE FROM C-2A TO C-3 SPECIFIC USE PERMIT FOR A SERVICE STATION AND A DRIVE THROUGH CAR WASH ON LOT B, BRIERCROFT ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. R. J. Archibald, representing Texaco Refining and Marketing, requested to change previous plans for demolition and rebuilding to remodeling with Site Plan revision before second reading of this Ordinance. No one appeared in opposition. Mayor McMinn closed the hearing at 11:00 a.m. Assistant City Manager Jim Bertram stated that as in Zone Case #2755, Staff recommended Specific Use to accommodate a setback reduction for the canopy. The solid structures meet commercial setback requirements, and the C-3 designation is needed to accommodate the single stall drive -through car wash. Both locations will be similar to the property at 50th and Slide Road. According to Mr. Bertram, adjacent land uses on all sides are commercial as indicated by the Comprehensive Land Use Plan. The Specific Use Permit will provide for a canopy setback of 27' on Avenue U and 38' on 50th Street; otherwise, the proposal is compatible with Zoning Policy. There were no appearances at the hearing. Staff recommended that the City Council uphold the Planning and Zoning Commission approval. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Aderton to pass on first reading Ordinance #9390, subject to revisions. Motion carried: 6 Yeas; 0 Nays. September 27, 1990 Page 715 90-49B-715-527 (14.) Place Annex Addition. ORDINANCE #9391 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2627-A; A ZONING CHANGE FROM R-1 AND C-4 WITH CONDITIONS TO C-4 SPECIFIC USE PERMIT FOR MINI -WAREHOUSES ON LOTS 3 & 4, BLOCK 1 AND THE SOUTH 67' OF LOTS 1 & 2, BLOCK 2, WEST END PLACE ANNEX ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. David Goyette, appeared on behalf of Larry Elliott, to request C-4 zoning with a strike list of uses on 19th Street and R-1 on 20th to C-4 Specific Use for mini warehouses. No one appeared in opposition. Mayor McMinn closed the hearing at 11:04 a.m. Assistant City Manager Jim Bertram stated the developer's intent to convert two existing apartments to mini warehouses in Phases I and II, and to build an undetermined number of units on Phase III. Mr. Bertram gave the adjacent land uses as follow: north tract: North - undeveloped South - apartments East - commercial West - commercial south tract: North - commercial, South - residential, East - residential West - residential including a car wash single family The portion south of the alley is currently zoned R-1, and in recommending the request, the P&Z Commission recognized that a minor change to the Comprehensive Land Plan will occur. The change for the north parcel is consistent with the Plan, and the proposed Site Plan has a gate and drive proposed from 20th as well as Kewanee. Since the south portion is an intrusion into the R-1, Staff did not recommend the gate on 20th for Phases II and III. The solid fence along 20th should reduce or eliminate the effect on the remaining resi- dential in the area, and therefore the proponent agreed to develop access from the alley. This half block was included in a C-4 request some while back, but was dropped after various owners could not agree on conditions, and to date, the file contains no opposition from the mailout. The Planning and Zoning Commission noted reduced setback under the commercial standard of 43'. The two apartment structures are existing, and with a fence in place, the reduced setback on both 20th and Kewanee should present no problem. The lack of landscape on Phase III, which will be fenced, was discussed, and September 27, 1990 Page 716 since the entire area will be fenced, the Planning and Zoning Commission did not anticipate any negative results. Without the proposed gate on 20th, increased traffic to mini warehouses on Kewanee should not affect the neighborhood, and 20th Street is presently unpaved. Staff recommended that the City Council uphold the Planning and Zoning Commission approval. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to pass on first reading Ordinance #9391 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. (17.) Hold a Public Hearing to consider an Amendment to the Community Development Block Grant Program. 90-49B-716-528 (18.) Consider the allocation of Community Development Block Grant Funds for Public Service and Improvements. J. W. McCafferty, President of Chapel Hill Neighborhood, appeared to request paving of 4000 block of Baylor Street and removal of old foundation on property from Quirt Avenue to Acuff Road. Mayor McMinn closed the hearing at 11:13 p.m. According to Staff memo, as part of the City of Lubbock's Community Development Block Grant Program, the City solicits citizen input on proposed expenditure of Community Development funds. During the latest program monitoring visit, HUD recommended implementation of additional citizen participation requirements. This included conducting an additional public hearing when allocating Contingency Fund monies to new or expanded projects. Staff recommended that an adequate Contingency Fund balance of $125,000-$150,000 remain in order to fund projects until June, 1991. During the past several months a number of potential projects have been submitted for consideration. These projects include: 1. Neighborhood Entrance - Chatman Hill 2. Project Helping Hands 3. Chapel Hill Paving/Baylor The following projects are recommended for funding at this time: 1. Neighborhood Entrance- $ 10,000 Chatman Hill 2. Project Helping Hands 50,000 3. Chapel Hill Paving/Baylor 45,000 $105,000 The proposed allocation would decrease the Contingency Fund balance to $127,234.67. September 27, 1990 Page 717 Motion was made by Councilman Maloy, seconded by Councilman Patterson to approve Amendment to CDBG Program for allocation of funds for public service and improvements as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. Mayor McMinn instructed Staff to contact affected property owners. (37.) Hold an Executive Session to discuss personnel matters regarding duties, responsibilities and/or appointments to: 90-49B-717-529 (38.) Community Services Commission Watkins, Darrell Vines, Mary Jane Botello, Martina Garcia, and Doris Tilson expired on August 31, 1990. Motion was made by Councilman Phillips, seconded by Councilman Patterson to reappoint Maggie Trejo, Charles Planks, Darrell Vines, and Dorris Tilson and to appoint Eileen Tinney (League of Women Voters), Palmira Perea-Hay (LULAC), Joe Montelongo (Arnett Benson Neighborhood -Alternate), Betty Mora (Association of People in Unity -Alternate), Mary Llanas (Carlisle), and Doris Fletcher (North Overton) to the Community Services Commission. Motion carried: 6 Yeas; 0 Nays. There being no further business to come before Council, motion was made by Councilman Patterson, seconded by Councilman Aderton to adjourn the meeting at 11:33 a.m. Motion carried: 6 Yeas; 0 Nays. c, B. C. McM NN, MAYOR qATE ST : Ran tte Boyd, City Se re ry READ AND APPROVED THIS 11TH DAY OF OCTOBER, 1990. c . C. 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