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HomeMy WebLinkAboutMinutes - City Council - Regular - 10/11/1990CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING OCTOBER 11, 1990 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the llth day of October, 1990 in the City Council Chambers, first floor, City Hail, 1525 13th Street, Lubbock, Texas at 10:00 A.M. Present: Nlayor B. C. McMinn, Mayor Pro Tem Joan Baker, Councilman T. J. Patterson, Councilman Gary Phillips, Councilwoman Maggie Trejo, Councilman Bill Maloy, Councilman M. J. Aderton, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr., and City Secretary Ranette Boyd. Mayor McMinn called the meeting t❑ ❑rder at 10:00 A.M. The Invocation was given by Mark Hindman, Budget and Research Director. [ 2.) The Pledge ❑f 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 ❑f the September 27, 1990 City Council meeting as written. Motion carried: 1 Yeas; 0 Nays. ( 4.) Board Appointments 90-49B--718-530 { 5.) Presentation of department awards for the 1990 City of Lubbock blood drive. The following coordinators were presented awards for their efforts in the 1990 City of Lubbock blood drive: CLASS/PLACE DEPARTMENT 100+ Employees 1st Place Water/Sewer 2nd Place Parks and Recreation 50-99 Employees 1st Place Solid Waste 2nd Place Library 25-49 Employees 1st Place Civic Center 2nd Place Building Services 12-24 Employees 1st Place Codes 2nd Place City Manager 6-11 Employees 1st Place Finance 2nd Place Lunchroom/Microfilm October 11, 1990 Page 719 90-49B-719-531 ( 6.) 90-496-719-532 ( 7.) 1-5 Employees 1st Place City Secretary 2nd Place Budget and Research 3120 Parkway Drive. A written request for a Loudspeaker Permit in conjunction with an outdoor gospel meeting to be conducted by the Parkway Drive Church of Christ was presented to Council. According to Staff, all requirements of the Loudspeaker Ordinance have been met, and Mr. Daniels has agreed to face the loudspeakers away from occupied residences. Due to the event being scheduled in a residential area, Council approval of this request is necessary. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to approve issuance of a Loudspeaker Permit to Parkway Drive Church of Christ for October 14, 1990 from 12:00 Noon until 3:00 p.m. Motion carried: 7 Yeas; 0 Hays. 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. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to pass on second and final reading Ordinance #9387. Motion carried: 7 Yeas; 0 Nays. 90-49B-719-533 ( 8.) ORDINANCE #9388--Zone Case #2649 (1602 Avenue K)-- Request of Rowena Groth (for Chrys_ilis Substance Abuse 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. October 11, 1990 Page 720 90-49B-720-5134 ( 9.) Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to pass on second and final reading Ordinance #9388. Motion carried: 7 Yeas; 0 Nays. 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. 2555; 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. 90-49B.-720-.535 (10.) Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to pass on second and final reading Ordinance #9389. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #9390 AN ORrl DINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY' OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2557; 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 PUBLICATIONI. 90-49B-720-535 (11.) Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to pass on second and final reading Ordinance #9390. Motion carried: 7 Yeas; 0 Nays. 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. 2527-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 57' 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. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to pass on second and final reading Ordinance #9391. Motion carried: 7 Yeas; 0 Nays. October 11, 1990 Page 721 90-49B-721-537 (13.) RESOLUTION #3462 A RESOLUTION ACCEPTING IMPROVEMENTS AS LISTED BELOW: WHEREAS, the City of Lubbock heretofore entered into a Contract with Ronnie Zahn, Paving, Inc. for the making of paving improvements in said City including among others the following: Chapel Hill Paving/Bates Street. WHEREAS, the construction of the above improvements on the above - mentioned street was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with terms of said Contract, Project No. 311.8; NOW TEHREFORE: BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK., .SECTION 1. THAT the improvements on said street BE and the same are hreby accepted and the City Engineer BE and he is hereby authorized to direct the final payment to the contractor in the amount of $1,230.83. SECTION 2. THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 11th day of October, 1990. ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Larry Hlertel Larry Ffertel, City Engineer MONTHLY ESTIMATE FILED WITH RESOLUTION IsI B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: IsI Harold Willard Harold Willard, Assistant City Attorney This Resolution authorizes acceptance of paving improvements on East Bates Street from Niter Avenue to Olive Avenue by Contractor Ronnie Zahn Paving, Inc., under Contract No. 3118. The original Contract amount was $24,130, and Change Order No. 1 added $475 for a total estimated cost of $24,605 and a final total cost of $24,616.55. Final payment in the amount of $1,230.83 is due the Contractor upon approval of this acceptance. Staff recommended approval. Motion was made by Councilwoman Trejo, seconded by Councilman Phillips to authorize Resolution #3462 as recommended by Staff. Motion carried: 7 Yeas; a Nays. 90-49B-721-538 (14.) Consider Resolution #3463 accepting Street Maintenance Improvements by Caprock Highway Construction Company under the 1990 Maintenance Program. October 11, 1990 Page 722 RESOLUTION #3463 RESOLUTION ACCEPTING PAVING IMPROVEMENTS ON A PORTION OF CITY STREETS AS DESCRIBED BELOW: WHEREAS, the City of Lubbock awarded a contract March 14, 1990, authorizing the construction of street maintenance improvements by Caprock Highway Construction Company, on a portion of the following: 1990 Maintenance Program List of Streets Improved Street From To 34th St. Louisville Ave. Brownfield Hwy. 34th St. Ave. "L" Ave. "Q" 34th St. Ave. "Q" Ave. "U" 50th St. Ave. Hull University Ave. Erskine Ave. "Q" I-27 Erskine 1-27 Ash Ave. Indiana Ave. 82nd St. S. to City Limits Kent St. University Ave. Railroad ROW Quakes Ave. 4th St. 19th St. Quaker Ave. Clovis Road N. to City Limits Quirt. Ave. 24th St. Idalou Road Quirt Ave. Loop 289 82nd St. Slide Road 13th St. 19th St. Slide Road Brownfield Hwy. 29th Dr. University Ave. 98th St. S. to City Limits 82nd St. Quaker Ave. Indiana Ave. 1st St. Guava Ave. Elder Ave. 1st St. Ave. "P" RR @ Ave. "K" 2nd S�t. Ave. "M" W. to Cul-de-sac 2nd St. Ave. "Q" Clovis Road 2nd St. Guava Ave. Zenith Ave. 3rd St. Ave. "M" Ave. "H" 3rd St. Ave. "P" Ave. I" 6th St. Quaker Ave. Raleigh Ave. 8th St. Quirt Ave. Zenith Ave. 10th St. RR tracks Ave. "G" 13th St. Ave. "U" University Ave. 13th St. Ave. "A" Date Ave. 16th St. Ave. "X" 250' E. of Ave. "X" 23rd St. Peoria Ave. Quaker Ave. 24th S". Quaker Ave. V.G. W. of Nashville Street From To 26th St. University Ave. Flint Ave. 29th Dr. 34th St. Brownfield Hwy. 31st St. Quaker Ave. Vicksburg Ave. 36th St. Toledo Ave. Utica Ave. 42nd St. Indiana Ave. Quaker Ave. 44th St. Ave. "X" University Ave. 45th St. Ave. "X" University Ave. 46th St. Ave. "U" University Ave. 47th St. Gary Ave. Indiana Ave. 54th St. Elgin Ave. Gary Ave. 60th St. Gary Ave. Indiana Ave. 69th St. Slide Road Loop 289 70th St. Slide Road Albany Ave. 71st St. Ave. "W" 250" E. of Ave. "W" 87th St. Memphis Ave. Nashville Ave. 93rd St. Memphis Ave. Nashville Ave. Ash Ave. 13th St. S. to End of pavement Ave. "F" 9th St. Main St. Ave. "F" Broadway 13th St. Ave. "L" 13th St. 19th St. Ave. "L" 29th St. 50th St. October 11, 1990 Page 723 Ave. "L" Ave. "M" Ave. "N„ Ave. "Q„ Ave. "R" Ave. "W" Ave. "W„ Ave. "W" Ave. "X„ Ave. "Y„ Baylor St. Boston Ave. Brownfield Dr. Canton Ave. Cherry Ave. Date Ave. Elder Ave. F-1 i nt Ave. [nary Ave. Lary Ave. Knoxville Ave. Marshall St. Memphis Ave. Municipal Dr. Nashville Ave. Nashville Ave. Paris Ave. Paris Ave. Raleigh Ave. ►herman Ave. Street Toledo Ave. Toledo Ave. Vernon Ave. Vicksburg Ave. Walnut Ave. 4th St. 2nd St. 29th St. 2nd St. 2nd St. 22nd St. 34th St. 66th St. 44th St. 16th St. Ave. "U" 35th St. Quaker Ave. 50th St. 4th St. Broadway 1st St. 19th St. 47th St. 50th St. 34th St. N. Ave. "N" 60th St. Quirt Ave. 34th St. 87th St. 15th St. 2nd St. 4th St. Auburn St. From 31st St. 34th St. Broadway Brownfield Hwy. Broadway Parking Lots Auditorium/Coliseum Parking Lots Fire Station #1 Parking Lot N. to RR tracks 4th St. 30th St. Clovis Road Clovis Road 34th St. 35th St. Loop 289 46th St. 19th St. Ave. "Q" 42nd St. Salem Ave. 52nd St. N. of Cornell 14th St. 2nd St. 34th St. 50th St. Monterey Dr. 50th St. Dead end @ RR Loop 289 Loop 289 49th St. 93rd St. 16th St. 4th St. 6th St. Baylor St. To 34th St. 36th St. 13th St. 34th St. Parkway Dr. St. tracks AND WHEREAS, the improvements upon the said portions of the City streets have been inspected and found to have been constructed according to the approved plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the City streets; BE and the same are hereby accepted and the City Street Superintendent BE and he is hereby authorized to direct the final payment to the Contractor in the amount of $17,210.60. SECTION 2. THAT this Resolution shall take effect and be in force from and after its passage. October 11, 1990 Page 724 Passed by the City Council this 11th day of October, 1990. ATTEST: Isj Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: LsL_lDon Jennings Don Jennings, Street Superintendent MONTHLY ESTIMATE FILED WITH RESOLUTION 90-49B-724-539 (15.) /s1 B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Ls1 J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney This Resolution authorizes acceptance of the 1990 Street Maintenance Program which consists of single course or two -course treatment on all streets listed in the Acceptance Resolution. The original Contract amount was $1,649,614.79, and with Change Order No. 1, the original amount was increased by $97,110.70 for a total of $1,141,3B5.49. Final payment due the Contractor upon this acceptance is $17,210.60. Staff recommended approval. Motion was made by Councilwoman Trejo, seconded by Councilman Phillips to authorize Resolution #3463 as recommended by Staff. Motion carried: 1 Yeas; 0 Nays. Preservation_Prggram. RESOLUTION #3464 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 and all related documents during the effective dates of the Contract, by and between the City of Lubbock and the Texas Historical Commission for historic preservation programs, 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 llth day of October, 1990. /sl B. C. McMinn B. C. MCMINN, MAYOR ATTEST: IsL -Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: LsL_Jim Bertram Zs/ Donald G. Vandiver Jim Bertram, Assistant City Manager Donald G. Vandiver, First for Development Services Assistant City Attorney October 11, 1990 Page 725 TEXAS HISTORICAL COMMISSION P.O. BOX 12276 AUSTIN, TEXAS 78711 (512) 463-6100 CERTIFIED LOCAL GOVERNMENT GRANT This agreement is entered into by the Texas Historical Commission, a State Agency, hereinafter referred to as the Commission, and the City of Lubbock, hereinafter referred to as the Contractor, pursuant to a grant made to the Texas Historical Commission for Fiscal Year 1990, by the U.S. Department of the Interior, National Park Service, under the provisions of the National Historic Preservation Act of 1966, P.L. 89-665 (16 U.S.C.S. Sec. 470 f). This grant is made for the purpose of funding a project or projects to be undertaken by the Contractor as a participant in the Certified Local Government program. The Contractor in consideration of the heeinafter monetary sum to be paid by the Commission agrees as follows: SEC. 1. The Contractor shall undertake and complete the project and/or projects detailed in the Project Proposal (Attachment I), to be executed within the jurisdiction of the City of Lubbock, Texas, in the County of Lubbock, Texas. SEC. 2. It is agreed that the Contractor shall be an independent Contractor for the purposes of this Agreement. The Contractor shall not be considered the agent, the servant, or the employee of the Commission for any purpose whatsoever. The liabilities of any kind arising from the performance of the contracted work covered by this Agreement and all Appendices thereto are the responsibility of the Contractor. SEC. 3. In the event that the Contractor proposes to undertake an inventory of cultural resources in the City of Lubbock, then the Contractor shall be renuired to enter into an Architectural Survey Agreement with the Commission, and to fulfill all of the requirements stated in that contract document and in "Guidelines for Survey and Planning Grants" (Attachment II). SEC. 4. In the event that the Contractor proposes to undertake the preparation of a nomination to the National Register of Historic Places, the Contractor shall utilize the current forms in use by the Commission, as well as the current instructions for the completion of such forms, which are also provided by the Commission. SEC. 5. The staff employed by the Contractor shall meet the criteria for employment as prescribed by the Commission in the "Guidelines for Survey and Planning Grants" (Attachment II), must meet the professional qualifilcations as outlined in 36 CFR 61, and be employed by competititve procurement. Regulations of the U.S. Department of the Interior strictly prohibit unlawful discrimination in federally -assisted programs on the basis of race, color, and/or national origin. Therefore, the Contractor must sign DI Form 1350 (Attachment III) and return signed form to the Commission with this contract. The person(s) employed by the Contractor to complete the work specified in Sec. I must meet with the approval of the Commission. The professional hired must also attend an orientation session with the Commission's National Register staff prior to commencing work. SEC. 6. The Contractor shall keep accurate financial records available for audit by the Commission or by Federal auditors three years from Project End Date. In addition to the terms detailed in this Agreement, all Federal requirements governing grants (Office of Managemenet and Budget Circulars A-87 or A-122, A-102 or A-110, and A-128) are applicable. SEC. 7. All grant funds shall be spent in the manner and amounts specified in the approved detailed Budget, a copy of which is attached to this document as Attachment I. October 11, 1990 Page 726 SEC. 8. The work covered by this Agreement shall begin September 1, 1990 and be completed by July 31, 1991. If for any reason the work is not completed by such date or if the Agreement is cancelled due to Contractor's default, then all amounts paid under this Agreement shall be immediately due and repayable to the Commission. It is further agreed that all materials stipulated in Attachment I and all reimbursement requests be submitted to the Commission by August 31, 1991. SEC. 9. All documents referred to herein are hereby specifically adopted as part of this Agreement, as is set forth herein. The COMMISSION, in consideration of the hereinbefore described undertaking by the Contractor, agrees as follows: The Commission shall reimburse the Contractor exclusively from U.S. Department of the Interior grant-in-aid funds for historic preservation (Certified Local Government) upon the receipt and approval of invoices from the Contractor as long as the Contractor is in compliance with this Agreement, up to the total grant sum of $3,351 as specified in the Grant Award Letter (Attachment IV). Such payments to be made as requested for services actually rendered, or if mutually agreed, in one lump sum up to the total grant sum, upon completion and approval of all the requirements set fort in this Agreement. The Contractor shall submit documented reimbursement requests to the Commission and the Commission will in turn reimburse the Contractor up to one half of the requested figure. It is further agreed that a sum not to exceed 25% of the total granted sum will be retained by the Commission until all stipulated materials and properly documented reimbursement requests are submitted by the Contractor. IT IS FURTHER AGREED and understood by both parties that: SEC. 1. All materials published, printed, or used for public distribution funded in whole or in part by the Commission will note on its materials that the Texas Historical Commission and the U.S. Department of the Interior, National Park Service, aided in financially assisting this work,. However, the contents and opinions do not necessarily reflect the views or policies of the Department of the Interior, nor does the mention of trade names or commercial products constitute endorsement or recommendation by the Department of the Interior. SEC. 2. This Agreement may not be amended by either party without the written consent of the other party. In special cases, adjustment of the contractual requirements may be necessary pursuant to recommendations by the National Register Department with the approval of the Texas Historical Commission. SEC. 3. The Commission reserves the right to terminate this agreement when it is determined that the Contractor has failed to comply with the terms and conditions of this Agreement or if it is determined by both parties that the products being produced are not beneficial to the project:. WITNESS OUR HANDS this 11th day of October, 1990. THE TEXAS HISTORICAL COMMISSION by: Curtis Tunnell, Executive Director by: /s/ B. C. McMinn Contractor - B. C. McMINN, MAYOR APPROVED AS TO FORM: by: Assistant Attorney General ATTACHMENTS I -IV FILED WITH RESOLUTION October 11, 1990 Page 727 90-49B•-727-540 (16.) This Grant was given to the City of Lubbock from funds reserved for municipalities participating in the Certified Local Government program of the Texas Historical Commission. The Urban Design and Historic Preservation Commission recommended the request for $3,351 to: 1. Prepare a historic overview of the Overton Addition and the Central Business District to provide the framework and criteria on which to judge the historical and/or architectural significance of structures in the area, and 2. Provide travel funds for City Staff and Commission Members to the Certified Local Government Conference in Austin in November, 1990. Commission Member attendance at preservation education activities is required for continued CLG status. This is the fourth Grant that the City has received for historic preservation activities under this Program. Previous contracts have been used for research on the Lubbock Historic Site Inventory, for a Joint Venture Photograph Project with the Southwest Collection at Texas Tech, for a symposium sponsored by the UDHPC and the Texas Tech College of Architecture, and for travel expenses to previous CLG Conferences. The current Contract has successfully completed the City's grant evaluation process. Staff recommended approval. Motion was made by Mayor Pro Tem Baker, seconded by Councilwoman Trejo to authorize Resolution #3464 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #9392 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 52ND STREET IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND 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 .289 acre portion of 52nd Street just east of Slide Road. Closure of this 56' X 220' section was requested by John Abney for commercial development platting purposes. The City Council recently approved rezoning of this area in conjunction with the Slide Road Development Plan, and this closure fits into that Plan. As of October 1, 1990, the preliminary plat had not been submitted, but Mr. Abney indicated that it is forthcoming, and that he will dedicate the street portion being closed as an Underground Utility Easement and a cut -de -sac at the west end of 52nd Street. Staff recommended this closure for first reading; however, before its passage on second reading, they recommended resolution of all problems and questions. October 11, 1990 Page 728 Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to authorize Ordinance #9392 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49B-728-541 (17.) Consider the price and condition of sale of Parcel Number 33500-16-130 at 1012 2nd Street in the Guadalupe Urban Renewal Area. This is a routine sale of property by the Urban Renewal Agency to Spectrum Construction, Inc. (Gary Patton, President) for $300 to be redeveloped as a single- family residence; the property is properly zoned. This proposed sale was submitted according to the Marketing Plan for the Guadalupe Area adopted by the Urban Renewal Board of Commissioners on October 17, 1989. Staff recommended approval. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to accept price and conditions of sale of Parcel Number 33500-16-130 at 1012 2nd Street in the Guadalupe Urban Renewal Area. Motion carried: 7 Yeas; 0 Nays. 90-49U-728-542 (18.) Consider the price and conditions _of sale of Parcel Number 33500-15-80 at 108 Avenue K in the Guadalupe Urban Renewal Area. This is a routine sale of property by the Urban Renewal Agency to Spectrum Construction, Inc. (Gary Patton, President) for $300 to be redeveloped as a single- family residence; the property is properly zoned. This proposed sale was submitted according to the Marketing Plan for the Guadalupe Area adopted by the Urban Renewal Board of Commissioners on October 17, 1989. Staff recommended approval. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to accept price and conditions of sale of Parcel Number 33500-15-80 at 108 Avenue K in the Guadalupe Urban Renewal Area. Motion carried: 7 Yeas; 0 Nays. 90-496 72$-5T3 (19.) Consider the price and conditions of sale of Parcel Number 33500-16-40 and 33500-16-50 at 101.5_&.1017 1st Place in the Guadalupe Urban Renewal Area. These are routine sales of property by the Urban Renewal Agency to Achievement Homes, Inc. (Ron Lubowicz, President) for $640 (@ $320 per lot), which are to be redeveloped as single-family residences; the properties are properly zoned. The sales were submitted according to the Marketing Plan for the Guadalupe Area adopted by the Urban Renewal Board of Commissioners on October 17, 1989. Staff recommended approval. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to accept price and conditions of sale of Parcel Number 33500-16-40 (10I5 1st Place) and 33500-16-50 (1017 1st Place) in the Guadalupe Urban Renewal Area. Motion carried: 7 Yeas; 0 Nays. October 11, 1990 Page 729 90-49B-729-544 (20.) RESOLUTION #3465 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 supplemental agreement between the City of Lubbock and Wilbur Smith Associates for a parking analysis of the Lubbock Central Business District, attached here- with., 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 11th day of October, 1990. ATTEST: LL—Eanette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: LsL[)avid E..Wooslev David E. Woosley, City Traffic Engineer THE STATE OF TEXAS COUNTY OF LUBBOCK Zs/ B. C. McMinn B. C. MCMINN, MAYOR APPROVED AS TO FORM: Is1 Harold Willard Harold Willard, Assistant City Attorney KNOW ALL MEN BY THESE PRESENTS This supplemental agreement is made, entered into and executed between the City of Lubbock, Texas, hereinafter called the City, and Wilbur Smith Associates, hereinafter called the Consultant. W I T N E S S E T H WHEREAS, the City and the Consultant executed a contract on the 24th day of May, 1990, to conduct a parking analysis of the Lubbock Central Business District; and WHEREAS, Article 1 of the contract requires work performed under the contract to be completed on September 30, 1990; and WHEREAS, it has become necessary and both City and Consultant, for good and valuable consideration, hereby agree to amend the contract to extend the time for City review and final approval of the parking analysis report; NOW THEREFORE, premises considered, the City and the Consultant agree that Article 1 of said contract is amended as follows: 1. The contract, as amended by this supplemental agreement, shall terminate upon the City's final approval of work completed by the Consultant or on December 31, 1990, whichever occurs earlier, unless otherwise terminated or modified as provided in the contract. All other terms and conditions of the contract are herein unchanged and shall remain in full force and effect. October 11, 1990 Page 730 IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED DUPLICATE COUNTERPARTS TO EFFECTUATE THIS SUPPLEMENTAL AGREEMENT. EXECUTED THIS 11TH day of October, 1990. CITY OF LUBBOCK /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s David E. Woosle David E. Woosley, City Traffic Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney WILBUR SMITH ASSOCIATES /s/ E. Wal ker, L Jr. E. L. WALKER, JR. Senior Vice President The original Agreement with Wilbur Smith Associates required all project work to be completed by September 30, 1990; however, the person preparing the report was hospitalized in mid -September, and Wilbur Smith Associates was unable to reassign personnel in time to meet the original deadline. Because this analysis is funded by Planning 112 Funds, Staff memo indicated that approval from the Lubbock Urban Transportation Study and the Federal Highway Administration is necessary, and FHWA will not consider the request until the City has approved it. Therefore, Staff recommended a new deadline of December 1, 1990 to allow the City and FHWA sufficient time to approve the change. Additionally, Wilbur Smith cannot perform any work on the Project until approval is received from all agencies. The new deadline will also give City Staff additional time to review the preliminary report and make any changes necessary. Staff recommended approval. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Aderton to authorize Resolution #3465 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49B-730-545 (21.) Consider Resolution #3466 authorizing the Mayor to sign_ a Contract with Coffman and Associates for the Airport Master Plan Update. October 11, 1990 Page 731 RESOLUTION #3466 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 Planning Services Contract with Coffman Associates Inc. for a Master Plan for 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 11th day of October, 1990. ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Ber^n Case Bern Case, Director of Aviation CONTRACT FILED WITH RESOLUTION 90-49B-731-3046 (22.) Is1 B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: !sL Harold Willard Harold Willard, Assistant City Attorney The Contract is 90% ($90,000) FAA funded and 10% ($10,000) locally funded and the local share amount was approved in the budget. The Plan will provide short and long-term planning needs of the Airport, and also make specific planned projects eligible for Federal funding. The project is scheduled for completion within one year. Staff recommended approval. Motion was made by Councilwoman Trejo, seconded by Mayor Pro Tem Baker to authorize Resolution #3466 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. RESOLUTION #3467 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 between the City of Lubbock and the Texas Parks and Wildlife Department, 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. October 11, 1990 Page 732 Passed by the City Council this llth day of October, 1990. ATTEST: /sZ Rane to Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Rita Harmon Rita P.. Harmon, Assistant City Manager THE STATE OFF TEXAS COUNTY OF LUBBOCK /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: s Harold Willard Harold Willard, Assistant City Attorney LEASE AGREEMENT BETWEEN CITY OF LUBBOCK, TEXAS, AND THE TEXAS PARKS AND WILDLIFE DEPARTMENT This agreement is made and entered into this llth day of October, 1990, by and between the City of Lubbock, Texas, (hereinafter called "City") and the Texas Parks and Wildlife Department (hereinafter called "Department"), each acting by and through duly authorized officials. WITNESSETH: Recitals The City desires to lease Mackenzie State Park described below for public park: purposes. The parties hereto represent to each other they are authorized to enter into this Agreement by the Constitution and laws of the State of Texas. Agreement For and in consideration of the mutual promises, covenants, obligations and benefits of this Agreement, the City and the Department agree as follows: I. LEASE Pursuant to V.T.C.A., Parks & Wildlife Code Sec. 12.006, the Department hereby leases at no cost to the City for public park purposes, that tract of land containing 542.2 acres more particularly described in Exhibit. A attached hereto and made a part hereof for all purposes ("Park"). II. OPERATION AND MAINTENANCE A. The City agrees to continuously operate the Park as a public park. B. The City agrees to operate and maintain the Park for public park purposes at its own cost, risk, and expense. C. The City agrees t❑ notify the Department of plans for major alteration of facilities prior to implementation of such plans. D. Entrance and use fees may be charged park visitors. E. The Park shall be kept in a clean, neat, attractive and safe condition during the term of this lease. October 11, 1990 Page 733 F. Department reserves the right to go over and across the leased property to the extent necessary or convenient in the administration and operation of the properties of the Department. Department also reserves the right to enter the property at any reasonable hours and following reasonable notice for the purpose of inspection of its property. III. GENERAL PROVISIONS A. City acknowledges that it is familiar with the Park and, insofar as City may legally do so, agrees to indemnify and hold harmless the Department and its officers and employees against all claims and liabilities arising from the use and occupancy of the Park. 13. This lease shall be subject to change or modification but only with the prior written consent of the parties hereto. I Rights granted by this lease may not be assigned to any third party; provided, however, nothing herein shall prevent the granting of concession agreements by the City. 1). It is understood that the Park shall not be referred to as a state park. E. If there exists on the leased premises ground features of historical or archeological importance, City agrees to protect and preserve any such features as provided by law. Jr. EntireAgreement/Amendment: This lease contains the entire agreement between the parties hereto respecting the leased premises and may not be amended except by written mutual agreement of the parties. fa. Titles: The titles of the paragraphs are for convenience of the parties for reference only and are not to be considered in construing this Agreement. 11. Venue: The parties hereto agree that venue is in Travis County„ Texas, regarding any judicial action relating to this Agreement. 11. Effect of Failure to Insist on Strict Compliance with Conditions: The failure of either party to insist on strict performance of any covenant or condition hereof, or to exercise any option herein contained, shall not be construed as a waiver of such covenant, condition, or option in any other instance unless so provided by the terms hereof. 11. Force Ma7eure: If either party shall be delayed in, or prevented from, the performance of any act required under this Agreement by reason of acts of God, governmental laws or regulations, specifically including the Land and Water Conservation Fund Act of 1965, or other cause, without; fault and beyond the control of the party obligated, performance of such act shall be excused for the period of the delay, and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. IV. TERM/TERMINATION The term of this lease shall be for five (5) years, commencing on December 1, 1990 and ending on November 30, 1995, unless sooner terminated as provided herein. Should either party fail to fulfill any obligation of this lease, the party not in default shall serve written notice to the defaulting party describing the nature of the default, whereupon the defaulting party shall correct same within sixty days of receipt of such notice. Failure to do so shall give the party not in default the right to terminate this lease at its option. The parties hereto contemplate a conveyance of the Park from the Department to the City. In such eventuality, this lease shall terminate effective on the date of the conveyance of the title to the property. October 11, 1990 Page 734 Executed in duplicate originals as of the date first above written. Approved as to Form and Legality: By: ATTEST: s Beatrice Cervantes for Ranette Boyd, City Secretary APPROVED AS TO CONTENT: IsL Rita P. Harmon Rita P. Harmon, Assistant City Manager APPROVED AS TO FORM: /s1 Harold Willard Harold Willard, Assistant City Attorney STATE OF TEXAS COUNTY OF LUBBOCK TEXAS PARKS AND WILDLIFE DEPARTMENT By: Andrew Sansom, Executive Director THE CITY OF LUBBOCK s B. C. McMinn B. C. McMINN, MAYOR APPROVAL OF ASSIGNMENT OF COUNTY LEASE Rodrick L. Shaw, Lubbock County Judge BEFORE ME, the undersigned authority, on this day personally appeared B. C. McMININ, Mayor of the City of Lubbock, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowlledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity herein stated, and as the act and deed of said City of Lubbock, Texas. GIVEN I UNDER MY HAND AND SEAL OF OFFICE, this 11th day of October, 1990. Is1 Lovnita M. Ingalls Notary Public in and for the State of Texas My Commission Expires: 3-6-93 STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, on this day personally appeared Andrew Sansom, Executive Director of Texas Parks and Wildlife Department, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same fo rthe purposes and consideration therein expressed, in the capacity herein stated, and as the act and deed of said Texas Parks and Wildlife Department. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 1990. Notary Public in and for the State of Texas My Commission Expires: October 11, 1990 Page 735 Exhibit A Those four (4) tracts of land described in Deed Records of Lubbock County, Texas, SAVE tracts of land previously reconveyed to the Pages 545-4.7 of said Deed Records. The tract of land described in Volume 334, of Lubbock County, Texas, said tract having by Geo. M. Boles in Volume 64, Page 617 of Volume 192, Pages 524-25 of AND EXCEPT those five (5) City of Lubbock in Volume the 680, Pages 255-56 of the Deed Records been conveyed to Lubbock County said Deed Records. After approval by City Council, this 5-year Lease Agreement will be submitted to the County Commissioners on October 22, 1990, and then presented to the Texas Parks and Wildlife Commission at their November 8, 1990 meeting in Austin. BACKGROUND In August, 1935, the City of Lubbock purchased 432 acres of land specifically for a State Park and deeded the land [along with land already owned for a total of 504.2 acres] to TP&W for development, maintenance and operation of the park. At that time, federal funds were supposedly available for development of parks but limited to state parks; therefore, the City of Lubbock was ineligible to receive the federal funds for development. In 1938, Lubbock County leased 45 acres to the State for 99 years to be used for park purposes; however, federal funds were never released, and the initial project was abandoned. Through cooperative efforts between the City and State and with the assistance of Civilian Conservation Corps, Mackenzie Park was finally developed; however, it has not been operated nor maintained by the State Park System. The City of Lubbock is responsible for all maintenance, improvements and activities within the park; however, any renovation activities or Concession Agreements must be approved by TP&W, but the City receives no state operating funds. If Mackenzie were leased back to the City, the City would not have to seek approval for improvements, leases or other activities at the park. In the Lease Agreement between the County and TP&W, TP&W has the right to assign the County land, and has requested that the County Judge acknowledge the subleasing of the County's acreage by approving the Lease Agreement which will be presented to County Commissioners on October 22, 1990. TP&W'S POSITION: In January, 1990, TP&W approached the City of Lubbock to determine interest in exchanging the land at Mackenzie Park for the land at the Lubbock Lakesite. TP&W has invested about $4 million to develop the Lubbock Lakesite as a major archaeological site and tourist attraction. TP&W indicated that if the City would participate in a land exchange, then a Lease Agreement for Mackenzie might be appropriate on an interim basis. The land exchange process is time- consuming and may take up to two years to complete, and TP&W indicated that they would prefer a Lease Agreement for a five-year period. October 11, 1990 Page 736 The basic provisions of the Agreement are as follows: (1) The City of Lubbock agrees to operate and maintain for the public park purposes at its own cost, risk and expense. (2) The City agrees t❑ notify the department of plans for major alterations of facilities; however, approval is not required. (3) The City agrees to hold TP&W harmless from any claims arising out of the use of the park. Since the City of Lubbock operates and maintains the park currently, this is not an additional risk from what we currently experience. (4) The park could no longer be referred to as a State Park. (5) In the eventuality that TP&W conveys the title of the park to the City, then the Lease Agreement shall terminate on the effective date of the conveyance of the property to the City. Staff recommended Council approval ❑f the Lease Agreement. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to authorize Resolution #3467 as recommended by Staff. Motion carried: 7 Yeas; 0 hays. 90-49B-736-547 (23.) BID #10883--Air Compressor System (Electric Production). Lubbock Electric --Air Compressor System. Motion was made by Councilman Phillips, seconded by Councilman Aderton to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 hays. 90-49B-736-548 (24.;y BID #10901--Home Security Program (Community Development). Professional Remodeling, Tahoka, TX--50 ea. 32"x80"x1 3/4" Pre -hung Door Unit with Hardware and Installation; 50 ea. 36"x80"xI 3/4" Pre -hung Door Unit with Hardware and Installation. Motion was made by Councilman Phillips, seconded by Councilman Aderton to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Hays. 90-49B-736-549 (25.) BID #10788- Escalator and Elevator Maintenance for Municipal Building, and authorize same(Building Services). This item deleted from Agenda. October 11, 1990 Page 737 90-49B-737-550 (26.) RESOLUTION #3468 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 Permian Basin Electric, Inc. for Helen Hodges - Westfield Lighting, 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 llth day of October, 1990. s B. C. McMinn B. C. MCMINN, MAYOR ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is1 Gene Eads by Victor Kilman Gene Eads, Purchasing Manager CONTRACT STATE OF TEAMS COUNTY OF LUBBOCK APPROVED AS TO FORM: Isl Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney THIS AGREEMENT, made and entered into this llth day of October, 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 Permian Basin Electric, Inc. of the City of Peacock, County of Stonewall, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 10860 - HELEN HODGES - WESTFIELD LIGHTING IN THE AMOUNT OF $22,457.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. October 11, 1990 Page 738 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) IsZ Ranette Boyd City Secretary APPROVED AS TO CONTENT: s Gene Eads Gene Eads, Purchasing Manager COMPLETE ADDRESS: Permian Basin Electric, Inc. P.O. Box 12'8 Peacock, Texas, 79542 Is1 a. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: IsI Harold Willard Harold Willard, Assistant City PERMIAN BASIN ELECTRIC, INC. Is1� TITLE: President ATTEST: s Secretary Permian Basin Electric Inc., Peacock, TX --Furnish and Install Baseball Field Lighting Helen Hodges Park. Motion was made by Councilman Phillips, seconded by Councilman Aderton to authorize Resolution #3468 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49B-738-151 (27.) BID #10914--Automobiles (Central Garage). Modern Chevrolet SAAB-GEO--7 ea. Intermediate Size Automobile 4-Or Sedan; 15 ea. Full Size Automobile 4-Dr Sedan. Motion was made by Councilman Phillips, seconded by Councilman Aderton to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 90-49B-738-552 (28.) BID #10868--Miscellaneous Water items (Central Warebouse). Moore Supply Co.--10 ea. 421030002 5 1/4" 4-ft Fire Hydrant; 175 ea. 482030000 2 PC Valve Box for 6" Clay Pipe; 4 ea. 482030012 8" Flg. Gate Valve. Oberkampf--6 ea. 473030031 4" 90 degree C.I. Water Main Bend. Western Industrial Supply--2 ea. 473020435 16"Full Circle Repair Clamp. Nelson & Sharp Supply--4 ea. 10"x4" MJ Tapping Sleeve; 6 ea. 482030021 6" Flg. Gate Valve. A&P Water & Sewer--180 ea. 473020217 Cast Iron Meter Box. October 11, 1990 Page 739 Fields & Co.--100 ea. 473010211 1" Sch. 80 TxT 90 degree Ell; 150 ea. 473020450 1"x3/4" Sch. 40 Malex Female. Big Country Waterworks Supply--4 ea. 47303102 8"x8" MJ Tapping Sleeve. Rohan Co.--25 ea. 473020434 1 1/2"x3" Brass Nipple. Morrison Supply--2 lb. 343910004 Tin/Silver Solder One Pound Spool; 50 ea. 473020451 1"x10" Sch. 80 PVC Nipple; 70 ea. 482030027 2" S.E. Gate Valve. Motion was made by Councilman Phillips, seconded by Councilman Aderton to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 90-49B•-739-553 (29.) BID #10858--Miscellaneous electrical items (Central Warehouse). Cummings Supply--50 ea. 4/0 Compression Terminal. Nelson Electric--200 ea. #4ACSR Formed Tie Wire. Techline, Inc.--150 ea. 4/0 ACSR Formed Double Arm Tie Wire/ 40 ea. 500 MCM urd Connector. McKinley Sales--24 ea. 4-Way Junction; 50 ea. 15 KV Reducing Tap Well. Graybar Electric Co., Inc.--50 ea. #4 ACSR Formed Double Arm Tie Wire; 300 ea. 10-12 Cu Sleeve 1- 102x080C. Temple, Inc.--25 ea. 488 Squeezon; 200 ea. 1/0 Elbow 8.3 KV. Motion was made by Councilman Phillips, seconded by Councilman Aderton to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 90-49B-739-554 (30.) BID #10843--Pump stations fencing, and authorize same (Water Utilities)._ RESOLUTION #3469 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 Western Fence Company for Pump Station Fencing,'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. October 11, 1990 Page 740 Passed by the City Council this 11th day of October, 1990. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Gene Eads by Victor Kilman Gene Eads, Purchasing Manager CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney THIS AGREEMENT, made and entered into this 11th day of October, 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 Western Fence Company of the City of Amarillo, County of Potter, and the State of Texas, hereinafter termed CONTRACTOR. WITN.ESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 108T� - PUMP STATION FENCING IN THE AMOUNT OF $170,400.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. October 11, 1990 Page 741 IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: CITY OF LUBBOCK, TEXAS (OWNER) /s/ Ranette Boyd City Secretary APPROVED AS TO CONTENT: /s/ Gene Eads Gene Eads, Purchasing Manager COMPLETE ADDRESS: /s1 B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City WESTERN FENCE COMPANY, INC. /s1 TITLE: President ATTEST: /s/ Secretary Western Fence Company of Amarillo, Inc. 2601 E. 3rd. Amarillo, Texas, 79104 Western Fence Co., Amarillo, TX --Furnish and Install Fencing and Gates at Water Pump Stations Total Bid. Motion was made by Councilman Phillips, seconded by Councilman Aderton to authorize Resolution #3459 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49B-.741-555 (31.) BID #10841--Modifications to K.N. Clapp Party House, and authorize same (Building Services. RESOLUTION #3470 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 All Texas Builders, Inc. for K. N. Clapp Party House Renovations, 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 llth day of October, 1990. ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Gene Eads by Victor Kilman Gene Eads, Purchasing Manager /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney October 11, 1990 Page 742 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this llth day of October, 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 All Texas Builders, 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 190. 10841 - K. N. CLAPP PARTY HOUSE RENOVATIONS IN THE AMOUNT OF $33,182.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: Z.s/ 3anette Boyd City Secretary APPROVED AS TO CONTENT: Is1 Gene Gene Eads, Purchasing Manager COMPLETE ADDRESS: All Texas Builders, Inc. P.O. Box 3486 Lubbock, Texas, 79452 CITY OF LUBBOCK, TEXAS (OWNER) Is1 B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /sZ Harold Willard Harold Willard, Assistant City ALL TEXAS BUILDERS, INC. 5 TITLE: President ATTEST: /s/ Secretary October 11, 1990 Page 743 All Texas Builders, Inc.--K.N. Clapp Party House Modifications Total Bid. Motion was made by Councilman Phillips, seconded by Councilman Aderton to authorize Resolution #3470 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49B-743-5156 (32.) BID #10856--Clean and Qaint 3 elevated water tanks, --and authorize same (Water Utilities]. RESOLUTION #3471 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 American Tank Company for Clean/Paint 3 Elevated Tanks, 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 llth day of October, 1990. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST„ /s/ iett-e- Boyd t Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Gene Eads by Victor Kilman Gene Eads, Purchasing Manager CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney THIS AGREEMENT, made and entered into this llth day of October, 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 American Tank Company of the City of Nevada, County of Vernon, and the State of Missouri, hereinafter termed CONTRACTOR. WITNESSE:TH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the condition's expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 10856 - CLEAN/PAINT 3 ELEVATED TANKS IN THE AMOUNT OF $170,400.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. October 11, 1990 Page 744 The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance! of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: IsZ Ranette Boyd City Secretary APPROVED AS TO CONTENT: s Gene Eads Gene Eads, Purchasing Manager COMPLETE ADDRESS: American Tank Company P.O. Box 394 Nevada., Missouri, 64772 90-49B-744-5517 CITY OF LUBBOCK, TEXAS (OWNER) Ls/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Is1 Harold Willard Harold Willard, Assistant City AMERICAN TANK COMPANY Is/ TITLE: President ATTEST: Is1 Secretary American Tank Co. --Clean and Paint Three Elevated Water Tanks Total Bid. Motion was made by Councilman Phillips, seconded by Councilman Aderton to authorize Resolution #3471 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. (33.) BID #10891--Municipal Hill Operations Center telephone. facilities, and authorize same (Communications). RESOLUTION #3472 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 Wright Tel Com for Municipal hill Operations Center - Telephone Facilities, 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. October 11, 1990 Page 745 Passed by the City Council this 11th day of October, 1990. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyu, City Secretary APPROVED AS TO CONTENT: /sL_Gene__Eads by _Victor Kilman Gene Eads, Purchasing Manager CONTRACT STATE OF TEAS COUNTY OF LUBBOCK APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney THIS AGREEMENT, made and entered into this Ilth day of October, 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 Wright Te1Com of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNIESSETH: 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: SIO NO. 10891 - MUNICIPAL HILL OPERATIONS CENTER - TELEPHONE FACILITIES IN THE AMOUNT OF $22,059.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. October 11, 1990 Page 746 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: /s/ Ranette Boy® City Secretary APPROVED AS TO CONTENT: s Gene Eads Gene Eads, Purchasing Manager COMPLETE ADDRESS: Wright TelC:om Rt . 13, Box 47 B- 5 Lubbock, Texas, 79407 90-49B--746-558 CITY OF LUBBOCK, TEXAS (OWNER) /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City WRIGHT TELCOM /s/ TITLE: President ATTEST: Secretary Wright Te1Com--Wiring/Cabling for Communications. Motion was made by Councilman Phillips, seconded by Councilman Aderton to authorize Resolution #3472 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. (34.) BID #10755--Self-loading scraper (Central Garage). West Texas Equipment--1 ea. 23 Yard Self Loading Scraper S-953. Motion was made by Councilman Phillips, seconded by Councilman Aderton to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 90-49B-746-559 (35.) BID #10872--Phone equipment and service (Communications). SW Bell Mobile Systems--1 Transportable Phone; I Handheld Phone; 1 Mag Antenna; 1 Extra Life Battery Handheld; 1 5dB Gain Antenna; 1 Hand Free Adapter; 1 Desk Charger; 1 Custom Call Features Call Forward; 1 Custom Call Features Call Transfer; 1 Custom Call Features Three Party Conference; 1 Custom Call Features Out Go Restrict; 1 Instruments; 1 ea. Battery; 1 ea. Antenna 3dB; 1 ea. Activation Fee/Unit; 1 ea. 0 to 100 Minutes Peak Off Peak; 1 ea. Greater than 100 Minutes Peak Off Peak; 1 ea. Other Plans 0-240 Minutes, 241 Minutes + (Requires access of 18.00/mo); 1 ea. Unlimited Use; 1 ea. Roamer Charge Price Per Minute. Motion was made by Councilman Phillips, seconded by Councilman Aderton to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. October 11, 1990 Page 747 90-49B-747-560 (36.) 90-49B--747-561 (12.) BID #10869--Electric curing oven (Electric ProductionL Steelman Industries--1 ea. Curing Oven. Motion was made by Councilman Phillips, seconded by Councilman Aderton to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. Hold a Public Hearing to conduct performance evaluation of Cox Cable of Lubbock. Trent Petty, Assistant to the City Manager, gave an overview of the Franchise Agreement and advised that the City does not have authority to regulate rates or most equipment issues. According to Mr. Petty, the City has received ten complaints regarding Cox Cable since March, 1990, and of these ten, nine were considered legitimate and breakdown as follows: Three involve converter boxes, one involved the remote control device, one involved service standards, three involved billing, and one involved response time. Randy Wink, Vice President and General Manager of Cox Cable of Lubbock, showed a video which highlighted major changes during the past three years, some of which have helped reduce service calls to 18%, with an average response time of 3 hours. These changes include the addition of new vehicles with radio phones, increase in office hours to 7 days a week, change to local payment processing and implementation of new billing procedures. He stated that Cox Cable is also working with LISD as a corporate sponsor. Mayor McMinn then opened the Public Hearing and the following individuals spoke: Harry Delaney stated that he objects to additional charges for remote control and service to additional sets in the same house. Mr. Wink replied that these charges were determined in the 1984 negotiations to keep overall charges low. He added that other cities charge more for the remote control and some also charge for the converter. He went on to say that additional costs to Cox Cable for providing service for additional sets and charges for remotes have not increased since 1984. Ken Phillips congratulated Cox Cable on changing to local billing services, and suggested this be publicized. He also suggested conversion to cable - ready sets instead of the converter boxes. Mr. Wink expressed that the wave of the future is "Pay Per View", and the convertor box makes this possible. He added that they will work with the community and television industry on this. Hardy Scott commented on technology which allows use of remote from television rather than having cable remote control. Mr. Wink referred to Universal Remote Control stating that this works on present service but that there's still a charge for the remote service. October 11, 1990 Page 748 Victor Jones questioned public access channels, and Mr. Wink replied that public access to equipment and air time is available as follows: 1. Individuals desiring to borrow the equipment must complete a 5-day training program, which is available on request. 2. A credit card is required for a deposit before equipment is loaned. 3. An individual is allowed 3 hours free usage of the equipment. 4. Program must be approved. Malcom Terry disagreed with the $3 per month charge for using his own remote and complained that one can't simultaneously view one channel and tape from another. Mr. Wink replied that this is a service charge for using the remote capability which will enable the system pay off. He said that Cox Cable is working to address the new technology, but is currently meeting needs of the majority of customers. Mayor McMinn closed the hearing at 11:10 a.m. (37.) Hold an Executive Session to discuss personnel matters regarding duties responsibilities and or appointments to• 90-49B--748-562 (38.) 90-49B-.748-563 (39.) Airport Board Citizens Traffic Commission Motion was made by Councilman Phillips, seconded by Councilman Patterson to hold appointments to the Airport Board. Motion carried: 7 Yeas; 0 Nays. July 13, 1993, and Ms. Wallace's term will expire July 13. 1991. Motion was made by Councilman Phillips, seconded by Councilman Patterson to appoint Van Sharpley to fill the unexpired term of Michelle Stuart and Stan Mayfield to fill the unexpired term of Rita Wallace on the Citizens Traffic Commission. Motion carried: 7 Yeas; 0 Nays. October 11, 1990 Page 749 There being no further business to come before the Council, motion was made by Councilman Phillips, seconded by Mayor Pro Tem Baker to adjourn the meeting at 11:59 a.m. Motion carried: 7 Yeas; 0 Nays. ATTES c Ran tte Boyd, City Se re ry B.,C. McM NN, MAYOR READ AND APPROVED THIS 22ND DAY OF OCTOBER, 1990 e ve!�Y" r— v";/� :1 zmeraL- — C. MCMI N, MAYOR ATTEST: Rae a Boyd, City Secr i ary C�.cC) S- THE. STATE OF TEXAS COUNTY OF %'BOCK Before me ances Hernandez a N ary Public in and for Lubbock County. Texas on this day personally appeared Mf i ceoi nt Eger of the Southwestern Newspa- pers Corporation. publishers of the Lubbock Avalanche -.Journal — Morning. Evening and Sunday. wh❑ ,�j AK��iYvOLLOwfiH6'�G `n did depose and say that said new���lp�er notice published continuously for more MA4 GAS zONeC FRPM psi ins to the first ins ,ic��]r1 �of this gg "ASGO! CHp►iG vEVLM 'v y7344 at Lubbock County. Texas and the attached print- YD 3SP VI�F SIN VfA no lee i {1- PRRv.sF - OIJG"dpR� OO is a irue c v of the on anal and was printed in the L bbock �►. As, tot+ oil Wln ates: Oct • 5, 20, l� PHLD�,KYg% RPV1P Y�¢.a$ _ o.ao L�055 LTYs P KOFRP SAVES R IL P10Spus 1CAT4PH• I 1}IG FO,tPIHAHCE HO. *� EHfl fl�HAHCEAHC ; ty0. W Y�f/'� 4�!' A pH NG 60FF%C1AL9GCK z: tip. 'y '-,`F ''-'^.�'. `�•?i-`f rr.•-.:,j ......;�z. 1T1G xH0 THE OF LU8 5HG s ;rY `• L C4i�OHIHG C N - us -ft ANP U R N A 1, ok C.35P V10E5Y CAR*ASH FOR vE iK%OUG Gy� Pao AD rporation me this 22 day of Q r- . 1990 FORM 58-10 T11F: STATE OF' TEXAS COUNTY OF' LUBBOCK Before me Frances Hernandez a Notary Public in and for Lubbock County. Texas on this day personally appeared T - I — A is f�1-4 A r C o u n t...1�1 nna� In (if the Southwestern Newspa- pers Corporation. publishers of the Lubbock Avalanche -Journal — Morning. Evening and Sunday, who being by me duly sworn (lid depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this cis i- :WtJ re No 797328 at Lubhock County. Texas and the attached print- ed copy of the __f e g a I no t i re is a true copy (if the original and was printed in the Lubbock Avalanche -Journal on the following dates: 172 wla .50 = 86. Account Manage � OF PUBLICICE HEARING E-JOURNAL NOTICE Is hereby olven that the ers Corporation City Council wJI1 hold a PubtIC Hearing on MoWay. October 21. 1990 at 10.30A.M.. in the City Coun- cil Chambers, 1625 171h Street. Iubb - r4 aer the scar ,^wiost to before me this 18 day of and �•�: Ing r�i1 i NOTARY PUBLIC in and for the State of Texas My Commission Expires 7.16 4.9-a— October