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HomeMy WebLinkAboutMinutes - City Council - Regular - 1/24/1991CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING JANUARY 24, 1991 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session or the 24th day of January, 1991 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 T. J. Patterson, Councilman Gary Phillips, Councilman Bill Maloy, Councilwoman Joan Baker, Councilwoman Maggie Trejo, 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 to order at 10:00 A.M. 1.} The Invocation was given by Assistant City Manager Rita Harmon. ( 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. { 3.) Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Phillips to approve the Minutes of the January 10, 1991 Regular City Council meeting as written. Motion carried: 7 Yeas; 0 Nays. 91-50A-33-32' ( 4.) ORDINANCE #9411 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO ENGINEERING FOR PAYING IMPROVEMENTS, SUBDIVISIONS AND WATER AND SEWER INSTALLATION; UNIT PRICES FOR WATER AND SEWER EXTENSIONS; PROVIDING FOR CORRECTION OF TYPOGRAPHICAL AND OTHER ERRORS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Gary Rothwell, representing the West Texas Horne Builders Association, and David Goyette, representing the Developer's Council, requested amendments to the Code of Ordinances with regard to engineering for paving improvements, subdivisions and water/sewer installation, and unit prices. Between the proposed amendments are a product of meetings, City Staff and Representative members of the Developer's Council of the West Texas Home Builders Association. The following is a brief summary of recommended changes: January 24, 1991 Page 34 Section 24-158 The basic change in this section is the requirement of the developer to use a consulting engineer for engineering services (plans, specifications, estimates and staking) on subdivision paving and drainage improvements. The developer previously had a choice between using a consulting engineer or City Staff for engineering services. The City will continue to provide testing and inspection on required improvements. A proponent for improvements constructed under a Street Use Permit or Alley Use Permit still has the choice of using the City or an engineering consultant for engineering services. Paragraph (d) will allow the developer the choice of using the City for engineering on small developments (less than $10,000 construction cost). Section 24-159 The plan review fee was revised from a charge based on area of a subdivision to a percentage of the estimated construction cost, and this is consistent with the review fee for water and sewer improvements. The fees for testing and inspection were revised from 4!e of the estimated construction costs to those shown in the table below. The maximum fee proposed is 4%, with the percentage decreasing as the construction cost increases. The proposed fees for testing and inspection compare with the estimated actual cost (which includes 118% indirect costs) as follows: Estimated Proposed % Estimated Construction for Testing Actual % for Cost & Inspection Test_ & I U . $ 0 - 20,000 4.0% 15% 20,000 - 25,000 3.75% 9!0 25,001 - 30,000 3.5% 80 30,001 - 40,000 3.25% 7% 40,001 - 50,000 3.0% 5.75% 50,001 - 75,000 2.5% 5% 75,001 - 150,000 2.0% 4% Greater than 150,000 1.5% 2.75% The Developer's Council is proposing the reduced fee structure for the following reasons: 1. The high percentage for small developments may make this type development cost prohibitive. Small pockets of land passed over during original development may never be subdivided. 2. The effort that goes into testing and inspection is of benefit to the entire City. This total cost should justifiably be shared. 3. They did not want to exceed the 4% fee currently in effect. Under the existing Ordinance, the developer could choose the City to perform all engineering services for a 6% fee. January 24, 1991 Page 35 Section 25-3(e] States that the developer is required to secure an engineering consultant for water, sewer, paving and drainage improvements in new subdivisions. Section 25-5(a) Requires the developer use a consulting engineer. Section 28-58 Changed the term "water tap" to read "water service connection". Section 28-90 Added this section to cover the installation and costs of City crews making service connections to existing sewer mains. $220 service connection 0-5 feet cut; $20Jfoot 5-8 feet cut; $30 over 8 feet cut. Section 2 -155 (a) Installation by Developers by Private Contract: (1) A developer shall contract with a private engineering firm for the design and preparation of construction plans for water and sanitary sewer facilities to serve any new subdivision within the City of Lubbock. (2) Set the minimum review fee at $50 or 0.5% of the estimated cost of water and sewer construction, whichever is greater. (3) Inspection Fees: Set the minimum inspection fee at $125 or 1.5% of the estimated cost of water and sewer construction, whichever is greater. (b) Alternate Method of Providing Utilities Under Private Contract: The City Engineering Staff will only perform engineering services on subdivision projects where water and sewer construction is $10,000 and less. Section 28-150 This section relates to unit prices used for calculating the costs of extensions of water and sanitary sewer facilities. There are some revised figures for fire hydrants, various size valves, manholes and appurtenances. The current prices have not been revised for several years and the proposed prices are in line with current costs. The following proposed changes are mostly clarification and the acceptance of these changes will result in the following: January 24, 1991 Page 36 Section 28-19 Taking water from hydrant. (Change wording from Water Superintendent to Director of water Utilities.) Section 28-22 Access to premises. (Change wording from Water Superintendent to Director of Water Utilities.) Section 28-25 Application for connection. (Change wording from Water Superintendent to Director of Water Utilities.) Section 28-33 Check valve on steam boiler service pipes. (Correct a spelling error from value to valve.) Section_28-43 Diversion of water. (Change wording from Water Superintendent to Director of Water Utilities. Also include a sentence requiring any diversion must have the consent of the Director of water Utilities in writing.) Section 8-91 Payment for sanitary sewer line blockages. (Adds a new section to recover costs of unblocking sanitary sewer lines as a direct result of a person, firm or institution.) Section 28-92 Payment for treatment of wastewater spillage. (Adds new section to recover costs of handling spillage caused or as a direct result of a person, firm or institution.) Section 28-98 General discharge prohibitions. (Add wording to clarify guidelines of ground or shredded garbage before disposal into the City's sanitary sewer system.) Section 28-102 Determination of measurement, test, and analysis of characteristics of water and wastes. (Add wording to include Section 28-131 of this code, or upon suitable samples taken at such control manholes. Also includes that in the event the nearest downstream manhole is unsuitable for collection of a representative sample, the building's sewer clean out shall be used for sample collection.) Section 28-108 Accidental discharge. Operator at 762-6411 to Treatment Control Room DIVISION IV PERMITS (Change wording from City read City of Lubbock Water at 767-2587.) Regulation 9. Change wording to reflect new phone number 767-2587. 91-50A-37-33 ( 5.) 91-50A-37-34E ( 6.) January 24, 1991 Page 37 Regulation 10. Change wording to describe parameters for disposal permit renewal. Regulation 11. Add wording to include costs of on - site sewage disposal system, commercial septic, tank emptying and veterans loan inspections. Staff recommended approval of these amendments. Motion was made by Councilman Malay, seconded by Councilwoman Baker to pass on first reading Ordinance #9411 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Daniel Parker, representing the Governmental Finance Officers Association of the United States and Canada, presented Certificate of Achievement in Financial Reporting to the City Council for the City of Lubbock's Annual Report for the year ending September 30, 1989. This will be the sixth consecutive year the City has received the Certificate for Excellence in Financial Reporting. This award is given only to cities which comply with the rigid requirements of the Governmental Finance Officers Association in preparing the Comprehensive Annual Financial Report. ORDINANCE #9409 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2661; A ZONING CHANGE FROM R-1 TO A-2 ZONING, LIMITED TO CHURCH AND CHURCH RELATED USES, ON A 34.6 ACRE TRACT OUT OF SECTION 3, BLOCK E, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAYINGS CLAUSE AND PROVIDING FOR PUBLICATION. 91-50A-37-35 ( 7.) Motion was made by Councilwoman Trejo, seconded by Mayor Pro Tem Patterson to pass on second and final reading Ordinance #9409 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. proRerty on a portion -of Tract A Monterey Center Addition. January 24, 1991 Page 38 ORDINANCE #9408 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2658-A; A ZONING CHANGE FROM C-3 TO C-3 SPECIFIC USE PERMIT TO DELETE ALL PRIOR CONDITIONS OF ORDINANCES 2183, 2215, 2585 AND 5217 TO ALLOW FOR REDEVELOPMENT OF THE PROPERTY ON TRACT A, SAVE AND EXCEPT THE NORTHEAST 500' X 500' TRACT, MONTEREY CENTER ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAYINGS CLAUSE ANO PROVIDING FOR PUBLICATION. Motion was made by Councilwoman Trejo, seconded by Mayor Pro Tem Patterson to pass on second and final reading Ordinance 09408 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50A-38-36 ( 8.) ORDINANCE #9410--Zone Case #1448-F (southeast corner of 50th Street and Memphis Avenue) --Request of Bill Cox- Architect (for American Bank of Commerce) for zoning change from C-2 to C-2 Specific Use (to -enlarge banking facility and construct a new drive-in facility south of the existing building) on the northwest portion of Lot A, Rothwebb Addition. ORDINANCE #9410 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 70B4 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1448-F; A ZONING CHANGE FROM C-2 TO C-2 SPECIFIC USE PERMIT TO ALLOW C-2 USES AND AMENO THE SITE PLAN TO ENLARGE A BANKING FACILITY AND TO CONSTRUCT A NEW DRIVE-IN FACILITY SOUTH OF THE EXISTING BUILDING ON THE NORTHWEST PORTIDN OF LOT A, ROTHWEBB ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilwoman Trejo, seconded by Mayor Pro Tem Patterson to pass on second and final reading Ordinance #9410 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays, 91-50A-3:8-37 ( 9.) FINANCE #9406--Authorizing the removal of the traffic signal on 19th Stre t at the south leg of Avenue U. ORDINANCE #9406 AN ORDINANCE CANCELLING AUTHORITY AND APPROVAL FOR A TRAFFIC SIGNAL AT 19TH STREET AND THE SOUTH LEG OF AVENUE U AND AUTHORIZING THE REMOVAL OF SAID TRAFFIC SIGNAL AS AN OPERATIVE TRAFFIC SIGNAL. Motion was made by Councilwoman Trejo, seconded by Mayor Pro Tem Patterson to pass on second and final reading Ordinance #9406 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. January 24, 1991 Page 39 91-SOA-39-38 (10.) ORDINANCE #9407--Authorizing a traffic signal on 19th Street at the north leg of Avenue U. ORDINANCE #9407 AN ORDINANCE AUTHORIZING A NEW TRAFFIC SIGNAL AT 19TH STREET AND THE NORTH LEG OF AVENUE U; AND PROVIDING FOR PUBLICATION. Motion was made by Councilwoman Trejo, seconded by Mayor Pro Tem Patterson to pass on second and final reading Ordinance #9407 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50A-39-39 (15.) Consider Resolution #3527 authorizing the Mayor to RESOLUTION #3527 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 entitled "Agreement for the relocation of a portion of the Seagraves, Whiteface, and Lubbock Railroad for construction of a controlled access highway facility in the City of Lubbock, Texas," said agreement 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. Passed by the City Council this 24th day of January, 1991. Zs/ ._ C . McMinn B. C. McMINN, MAYOR ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Zsj James E. Bertram James E. Bertram, Assistant City Manager for Development Services APPROVED AS TO FORM: s J. Wor h Fullingim J. Worth Fullingim, Assistant City Attorney January 24, 1991 Page 40 STATE OF TEXAS COUNTY OF TRAVIS AGREEMENT FOR THE RELOCATION OF A PORTION OF THE SEAGRAVES, WHITEFACE, AND LUBBOCK RAILROAD FOR CONSTRUCTION OF A CONTROLLED ACCESS HIGHWAY FACILITY IN THE CITY OF LUBBOCK, TEXAS This agreement is entered into by and between the State of Texas, acting by and through the State Department of Highways and Public Transportation, hereinafter called the State, pursuant to Minute Order Number 88793, dated May 24, 1989, and the City of Lubbock, acting by and through its duly authorized official pursuant to Resolution Number 3173, dated August 10, 1989, hereinafter called the City, to be effective on the date last executed. WITNESSETH WHEREAS, the State and City have, for the purpose of decreasing hazards to life and property, promoting public safety, improving traffic conditions, and encouraging the City's orderly development, deemed it necessary to construct a controlled access highway facility in the City as a part of the State Highway System, and to be known as the East-West Freeway for the purposes of this agreement; and WHEREAS, in LUBBOCK COUNTY, the State owns, operates and maintains U.S. Highway 82 as a part of its State Highway System; and WHEREAS, the State and City have, for the purposes of decreasing hazards to life and property, promoting public safety, improving traffic conditions, and encouraging orderly development of the City, deemed it necessary to improve a 6.8 mile segment of said East-West Freeway, extending from South Loop 289 (SW), northeasterly and thence easterly to a crossing with Interstate Highway 27; and WHEREAS„ the recommended design and alignment of the improved facility will necessitate the acquisition of a portion of the right of way and the relocatiion of related trackage and facilities, hereinafter called the Relocation, of the Seagraves, Whiteface, and Lubbock Railroad, hereinafter called the Railroad, which is owned and operated by the Seagraves, Whiteface, and Lubbock Railroad Corporation; and WHEREAS, the State and the City have agreed upon the respective responsiibilities of each for the Relocation in furtherance of construction of the East-West Freeway, and desire to enter an appropriate agreement for such purposes pursuant to Texas Civil Statutes Article 6613b; AGREEMENT NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: ARTICLE 1. The City will effect the Relocation from the present track alignment proximal to the U.S. Highway 82 corridor between a point southwest of the crossing with Loop 289 (SW) and just east of University Avenue, to a new alignment yet to be determined between West Loop 289 and Reese Air Force Base, connecting with existing tracts along the U.S. Highway 82 corridor southwest of Loop 289, and with those tracks along the U.S. Highway 84 corridor northwest of Loop 289, together with such other trackage connections as may be required. ARTICLE 3. The City will perform all engineering services necessary to research, investigate, and analyze alternative routes for the Relocation. ARTICLE 3. The City will prepare environmental studies for the Relocation in a form suitable for inclusion with the State's environmental studies for the East-West Freeway, and will provide for the State's formal review of those Relocation studies. January 24, 1991 Page 41 ARTICLE 4. The City will conduct appropriate public involvement and perform/ prepare drainage analysis, survey, design, construction plans and specifications, and right of way maps for the Relocation. The plans, specifications and cost estimates for the Relocation will be submitted to the State for review and comment. ARTICLE 5. The City, in accordance with applicable Federal and State laws and policies governing the acquisition of real property, will acquire all right of way for the new railroad alignment and will adjust all eligible utilities for the new railroad alignment necessary for the Relocation. ARTICLE 5. The City will provide construction administration for and will inspect construction of the relocated Railroad facilities. ARTICLE 7. The City will effect conveyance or cause to be conveyed to the State all of the title and interest owned by the Seagraves, whiteface, and Lubbock Railroad Corporation on and along the existing Railroad right of way from the new railroad alignment to just east of University Avenue. Conveyance shall be free and clear of all encumbrances. ARTICLE 8. The State will provide relocation assistance as may be determined to be eligible under its Relocation Assistance Program. ARTICLE g. The State will provide the lesser of ninety (90%) percent or $10,8000,000.00 of the eligible costs incurred by the City in effecting the Relocation. Reimbursement to the City shall be requested in accordance with the State's standard billing procedures with reimbursements being requested no more than once per month. "Eligible costs" are those that the State normally recognizes in railroad adjustments undertaken by the State pursuant to applicable Federal and State laws and policies. The sum of $10,800,000.00 represents ninety (90%) percent of the currently estimated eligible costs of the Relocation. In the event that actual eligible costs exceed estimated eligible costs, the State will consider amending this agreement to provide for appropriate increase in State funding as may be feasible within the State's budgetary constraints and other commitments. ARTICLE 10. Upon completion of the respective responsibilities and duties by the City, it will furnish the State a final audit of all costs associated with the Relocation, and such other information or records as the State may require for cost verification. In addition, the State reserves the right to audit costs billed to the State by the City to determine eligibility as provided in Article 9 of this agreement. ARTICLE 11. This agreement may be terminated by any of the following conditions: A. By mutual consent of both parties. B. By either party, upon the failure of the other party to fulfill agreement. C. By satisfactory completion and acceptance of all services and obligations described herein. The termination of this agreement shall extinguish all rights, duties, obligations and liabilities of the State and the City under this agreement. If the termination is due to the failure of the City to fulfill its contractual obligations, the State will notify the City that possible breach of contract has occurred. within thirty (30) days from the State's written notification, the City must remedy the breach as outlined by the State, In the event the City does not remedy the breach to the satisfaction of the State, the State may terminate this agreement or suspend performance thereunder and the parties shall conclude their activities relating to the Relocation and proceed to the final audit in accordance with Article 10. January 24, 1991 Page 42 If the termination is due to the failure of the State to fulfill its contractual obligations, the City will notify the State that possible breach of contract has occurred. within thirty (30) days from the City's written notification, the State must remedy the breach as outlined by the City. In the event the State does not remedy the breach to the satisfaction of the City, the City may terminate this agreement or suspend performance thereunder, and the parties shall conclude their activities relating to the Relocation and proceed to a final audit in accordance with Article 10. ARTICLE 12. Changes in the time frame, character, cost or obligations authorized herein shall be enacted by written amendment before additional work may be performed or additional cost incurred. Any amendment to this agreement must be executed by both parties. ARTICLE 13. The City and State shall comply with all applicable laws and regulations, and the orders and final decrees of any court of final jurisdiction in any manner affecting the performance of this agreement. ARTICLE 14. The State and the City, respectively, bind themselves, their successors, assigns and legal representatives to the other party to this agreement and the successors, assigns and legal representatives of such other party with respect to all covenants and provisions of this agreement. ARTICLE 15. To the extent permitted by law, the City shall indemnify and save harmless the State from all claims and liabilities due to activities of itself, its agents, employees, contractors or officers performed under this agreement and which result from an error, omission or negligent act of the Laity or any person contracted or employed by the City. To the extent permitted by law, the City shall also indemnify and save harmless the State from any and all expense, including attorney fees, which might be incurred by the State in litigation or otherwise resisting said claim or liability which might be imposed on the State as the result of such activities of the City, its agents, employees, contractors or officers. ARTICLE 16. In case one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceable provision thereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision has never been contained herein. ARTICLE 17. This agreement contains the entire understanding between the parties hereto and no modification of this agreement shall be valid until it is agreed upon by the State and the City in writing. ARTICLE 18. This agreement constitutes the sole and only agreement of the parties thereto and supersedes any prior understanding or written or oral agreements between the State and the City respecting the within subject matter. January 24, 1991 Page 43 IN TESTIMONY WHEREOF, the State and City have executed duplicate counterparts of this agreement on the dates indicated. CITY OF LUBBOCK THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway and Public Transportation Commission under the authority of Minute Order 82513. ATTEST: By: /s/_R.anette Boyd Gary Bernethy, P.E. Ranette Boyd, City Secretary Right of way Engineer APPROVED AS TO CONTENT: Recommended by: /s/ James E. Bertram James E. Bertram, Assistant City Manager for Development William M. pope, P.E. Services District Engineer APPROVED AS TO FORM: /s/ J. Worth Fullingim J. worth Fullingim Assistant City Attorney Morris Wilkes, representing Senator John T. Montford, expressed support for this Agreement between the State and the City which sets forth the duties and costs to each party for relocation of a portion of the Seagraves, whiteface and Lubbock Railroad tracks to accommodate the construction of the East-West Freeway. According to Staff memo, the existing tracks in the Brownfield Road Corridor would be relocated to a new alignment between west Loop 289 and Reese Air Force Base as shown on the enclosed map. The bases for this Agreement are the State's Minute Order No. B8793 (dated May 24, 1989) and the City's Resolution No. 3173 (dated August 10, 1989) which accepted the conditions of the State's Minute Order. The major points of the Agreement follow: 1. The City will be the primary agent to effect relocation of the existing tracks to a new alignment, yet to be determined. 2. The City will perform all engineering services necessary for the relocation of the tracks. The State will review and comment on the construction plans and specifications. 3. The City will acquire all of the right-of-way and adjust all eligible utilities for the new railroad alignment. The State will appraise the existing railroad facilities. 4. The City will effect the conveyance of the existing railroad right-of-way from the Seagraves, Whiteface and Lubbock Railroad to the State. January 24, 1991 Page 44 5. The State will provide the lessor of 90% or $10,800,000 of the eligible costs incurred by the City in effecting the relocation. The City will pay 10% of the eligible costs. In the event that actual eligible costs exceed the estimated eligible costs, the State will consider amending this Agreement to provide for an appropriate increase in State funding as may be feasible within the State's budgetary constraints and other commitments. 6. The State will pay 90% of the costs to study the optimum location of a piggy- back facility, a parking lot for an excursion train, and a possible maintenance facility for the railroad. The City will pay 10% of the costs. According to Staff memo, in order for the City to perform all of the engineering services for the relocation of the tracks, it will be necessary to secure the services of an engineering firm. A Request for Proposals for these services has been drafted and approved by the State, and the railroad is currently reviewing the request for proposals. Staff memo stated that the City will distribute the Request for Proposals within the next couple of weeks. The State will pay 90% of the engineering fees; the City will pay the remaining 10%. The total estimated cost to the City for the relocation of the railroad tracks is $1,442,000, including 10% of the costs for engineering services ($120,000), new railroad right-of-way ($200,000), eligible non -City utilities ($1,000), and railroad construction ($90O,O00), as well as 100% of the ineligible and 10% of the eligible costs for City - owned utilities ($221,000). Funding (General Obliga- tion Bonds and Certificates of Obligation) is available for all costs except those related to the adjustment of City -owned utilities. Funding for the City -owned utilities will hopefully be included in the 1991 Bond Issue. The City must execute a similar Agreement with the railroad company, and a draft of the proposed agreement has been sent to the Brownfield office for the review. Staff memo indicated the intent to have the Agreement with the railroad ready for Council consideration on February 28, 1991. The City will be required to execute a subsequent Standard Agreement with the State covering details associated with the State's Relocation Assistance Program and the reimbursement of costs to the City. Staff recommended approval. Motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Patterson to authorize Resolution #3527 as recommended by Staff. Motion carried: 7 Yeas; 0 Mays. January 24, 1991 Page 45 91-50A-45-40 (16.) Consider Resolution #3526 authorizing accepting drainage improvements constructed_.bv Saunders Construction. Inc.. on Project No. 9461 (Phil Hoel and Stumpy Hamilton Parks). RESOLUTION_#3528 A RESOLUTION ACCEPTING DRAINAGE IMPROVEMENTS AS LISTED BELOW: WHEREAS, the City of Lubbock heretofore entered into a contract with Saunders Construction, Inc. for the making of drainage improvements in said City including among others the following: Phil Hoel & Stumpy Hamilton Parks Drainage Improvements WHEREAS, the construction of the above improvements was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with the terms of said Contract, Project No. 9461; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements above -mentioned BE and the same are hereby accepted and the City Engineer BE and he is hereby authorized to direct the final payment to the Contractor in the amount of $1,635.13. SECTION 2. THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 24th day of January, 1991. f s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: Js_ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT! s Larry Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: IsZ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney This is a routine acceptance of concrete drainage channels constructed by Saunders Construction, Inc., in Phil Hoel Park and in Stumpy Hamilton Park under their Contract (City Project No. 9461). The original Contract amount was $36,405 and the final cost is $32,702.57. Final payment in the amount of $1,635.13 is due the contractor upon this acceptance. Staff recommended approval. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Maloy to authorize Resolution 43526 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. January 24, 1991 Page 46 91-SOA-46-41 (17.) Consider Resolution #3529 accepting avin and drainage improvements constructed by Lee Lewis Construction, Inc., in King's Gate North Addition, Lots 8-12. RESOLUTION #3529 RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of King's Gate North, Lots 8-12 made arrangements with Lee Lewis Construction, Inc. and Hugo Reed and Associates, Inc. for the construction of paving improvements on a certain street dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above - mentioned Addition including the following street: Orlando Avenue from 400 feet North of 82nd Street to the centerline of 78th Street with associated storm drainage improvements known as New Subdivision Unit No. 2034-37. WHEREAS, the construction of the above improvements were 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 City specifications and in accordance with the provisions of City Ordinance 1331; NOW THEREFORE: BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the above -mentioned improvements BE and the same are hereby accepted and the City Engineer BE and he is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SIECTION 2. THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 24th day of January, 1991. ATTEST: f sZ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /sf B. C. Minn B. C. McMINN, MAYOR APPROVED AS TO FORM: s Larry D. Hertel "_J. Worth Fullincim Larry D. Hertel, City Engineer J. Worth Fullingim, Assistant City Attorney This is a routine acceptance of paving and drainage improvements required at the time of platting this new subdivision. These improvements consist of paving and curb and gutter on Orlando Avenue from 78th Street to 82nd Street and a Storm Sewer System which the developer elected to install. (The largest line of the system is a 60-inch pipe.) There is no City cost due the contractor upon this acceptance. Staff recommended approval. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Maloy to authorize Resolution #3529 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. January 24, 1991 Page 47 91-50A-47-42 (11.) ORDINANCE #9412--Zone Ca_se._#2662 (4201 Avenue J and 915 42nd)--Hold a Public Hearing to consider request 3-A, Block I. Butler Estates. ORDINANCE #9412 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7064 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2662; A ZONING CHANGE FROM A-1 TO A-2 ZONING, LIMITED TO CHURCH USES, ON LOT 1-A AND A PORTION OF LOT 3-A, BLOCK I, BUTLER ESTATES, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Raymundo Almaraz, appeared on behalf of Templo Emanuel Assembly of God, to present this request for zone change for expansion of church and church -related use. No one spoke in opposition, Mayor McMinn closed the hearing at 10:34 a.m. According to Assistant City Manager Jim Bertram, the existing church is operating under a ZBA conditional use approval. Mr. Bertram gave the adjacent land use relationships as follows: North - duplex zoning South - duplex zoning East - I-27 West - apartment and duplex zoning The site is within a Commercial Policy Zone illustrated on the Comprehensive Land Use Plan, and as a church, the proposal is compatible with the Plan. According to Staff memo, both Comprehensive Plan and Zoning Policy recommend that churches be located on the perimeter of neighborhoods and adjacent to major thoroughfares. With construction of Interstate 27, and 42nd Street to become an overpass, this site meets all the criteria, and there should be little additional effect on the street system. There were no comments from the public at the P&Z hearing. Staff recommended the request with the following condition; 1. Church and church related uses. Staff supported the Planning and Zoning Commission recommendation. Motion was made by Councilman Maloy, seconded by Mayor Pro Tem Patterson to pass on first reading Ordinance #9412 with condition recommended by P&Z and Staff. Motion carried: 7 Yeas; 0 Nays. January 24, 1991 Page 48 91-50A-48-43 (12.) ORDINANCE #9413--Zane Case #2663 (701 University)— Hold a Public Hearing to consider request of Dr. Pat ORDINANCE #9413 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2663; A ZONING CHANGE FROM C-3 TO C-3 SPECIFIC USE PERMIT FOR A VETERINARY CLINIC ON LOTS 11 AND 12, BLOCK 130, DVERTON ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PRDVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Dr. Pat M. Allen appeared to present this request for zone change for Specific Use to accommodate a veterinary clinic. No one spoke in opposition. Mayor McMinn closed the hearing at 10:38 a.m. Assistant City Manager Jim Bertram stated that the record on veterinary clinics is excellent. He listed the adjacent land use relationships as follows: North - commercial South - commercial East - multi -family zoning West - TTU The property is now zoned commercial and there is no Comprehensive Land Use Plan issue. No comments were made by the public at the P&Z meeting. Parking is adequate to the extent that street parking is available on University (14 spaces). The 13 spaces on University and the 14 spaces on -site, for a total of 27, compare to 31 spaces that would be required at a 1/175 ratio. As a Specific Use Permit the existing conditions can be approved. The proposed Site Plan also indicates a sign that does not meet the setback required by Code. Although the sign is located only 2' from the property line, there is about 30' of parkway in the parking area. The Planning and Zoning Commission decided that the location is suitable. The Specific Use Permit can also accommodate the sign and the proponent won't have to submit a Zoning Board of Adjustment request. Staff recommended the proposal if presented as a request for a variance to the Zoning Board of Adjustment. The Planning and Zoning Commission recommended the request with the following condition: 1. The sign is tied to the elevation and location indicated on the Site Plan. Staff recommended the Planning and Zoning Commission recommendation. Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Trejo to pass on first reading Ordinance #9413 with condition recommended by P&Z and City Staff. Motion carried: 7 Yeas; 0 Nays. 91-5OA-49-44 (I3.) January 24, 1991 Page 49 of C-4 Specific Use (for an Automobile Brake Shop) on a tract out of Lot 1-A, Block 1. Furr-Wolf Addition. ORDINANCE #9414 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1542-N; A ZONING CHANGE FROM C-3 TO C-4 SPECIFIC USE PERMIT FOR AN AUTOMOBILE BRAKE SHOP ON A TRACT OUT OF LOT 1-A, BLOCK 1, FURR-WOLF ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITION; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Scott Egert appeared on behalf of First Hartford Realty Corporation, to present this request for zone change for a brake shop as C-4 Specific Use which would affect only the property where the building will be located. (The balance of the Center will remain C- 3.) No one spoke in opposition. Mayor McMinn closed the hearing at 10:40 a.m. Assistant City Manager Jim Bertram gave the adjacent land use relationships as follows: North - commercial South - commercial East - commercial West - commercial The Comprehensive Land Use Plan notes this area as "Commercial", and no Plan Policy issue is involved with the exception of location of C-4 zoning. Brake shops were placed in C-4 in the 1975 Zoning Code reorganization because of their traditional heavy, and often less than aesthetic, nature. According to Staff memo, during the last 15 years, both the muffler and brake businesses have improved their image. Staff previously discussed with the P&Z Commission the possibility of some automotive -related businesses being upgraded to C-3. In addition, the P&Z Commission and City Council have established C-4 zoning in several places around the Loop when circumstances are right: 1. 4th & Loop 289 - a muffler shop. 2. 19th and Loop 289 - car dealer and the mall property. 3. Loop-289 and Avenue P, a large C-4 request was approved when Sims Trailer went in. 4. Spur 327 and Frankford - car dealers. In addition, just west of this proposed location, the Fiesta Autoland Subdivision from Utica to Slide along Loop 289 was zoned open C-4 in 1971. This request should have little effect on traffic, and the parking ratio for the entire shopping center will remain within the 11200 requirement. The Planning and Zoning Commission recommended approval of the C-4 Specific Use Permit with the following condition: January 24, 1991 Page 50 91-50A-50-45 (14.) 1. Tied to the elevation on Site Plan 1542-N as presented to the Planning and Zoning Commission on 3, 1991. Staff recommended approval of the P&Z Commission recommendation. Motion was made by Councilman Phillips, seconded by Councilman Aderton to pass on first reading Ordinance #9414 with condition recommended by P&Z and Staff. Motion carried: T Yeas; 0 Nays. ORDINANCE #9415--Zone Case #2664 (south of 110th Street and west of Indiana Avenue) --Hold a Public Hearing to consider request of Walter L. Denzer for zoning change from T to R-1 Specific Use (for a golf course) on a tract out of the southeast 1/4 of Section 18, Block E-2. ORDINANCE #9415 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2664; A ZONING CHANGE FROM T TO R-1 SPECIFIC USE PERMIT FOR A GOLF COURSE ON A TRACT OUT OF THE SOUTHEAST 1/4 OF SECTION 18, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. No one appeared either for or against this request for zone change. Mayor McMinn closed the hearing at 10:42 a.m. Assistant City Manager Jim Bertram stated that the proponent is developing a golf course using a large playa as the main area for the course. The 660' strip west of Indiana is within the City limits and is subject to zoning. A majority of the golf course is outside the City. The request is styled as R-1 Specific Use to accommodate both the open space for golf course development and the pro shop, snack bar and cart storage building. Mr. Bertram gave the adjacent land use relationships as follows: North - vacant South - vacant East - vacant West - vacant The Comprehensive Land Use Plan notes this area as residential or open space in conjunction with the playa. There are no stated zoning policies for golf courses. The property east of where the structure and parking lot will be located is zoned R-2 and A-1. The 660' south of this request (at the intersection of Indiana and 114th) is Policy Commercial on the Comprehensive Land Use Plan. Staff advised that the golf course is an excellent use for the large playa, and the building area is suitably buffered by distance from the residential development south of 110th Street. The Planning and Zoning Commission recommended approval of the request. Staff supported the Planning and Zoning Commission recommendation. 91-50A-51-46 (21.) Motion was made by Mayor Pro Tem by Councilman Aderton to pass on Ordinance #9415 as recommended by Motion carried: 7 Yeas; D Hays. RESOLUTION #3530 January 24, 1991 Page 51 Patterson, seconded first reading P&Z and Staff. 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 Southwest -Tex Leasing Co., Inc., d/b/a Advantage Rent-A- Car, 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 24th day of January, 1991. ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Bern E. Case Bern E. Case, Director of Aviation APPROVED AS TO FORM: s Harold Willard Harold Willard, Assistant City Attorney THE STATE OF TEXAS COUNTY OF LUBBOCK Is/ B. C. McMinn B. C. McMINN, MAYOR KNOW ALL MEN BY THESE PRESENTS: LEASE AGREEMENT THIS AGREEMENT entered into by the City of Lubbock (referred to herein as CITY), a Home Rule Municipality of Lubbock County, Texas, and Southwest -Tex Leasing Co., Inc., d/b/a Advantage Rent-A-Car (referred t❑ herein as LESSEE) of Bexar County, Texas. WITNESSETH WHEREAS, CITY owns, controls and operates the Lubbock International Airport (referred to herein as AIRPORT), situated at Route 3, Lubbock, Lubbock County, Texas, and possesses the power and authority t❑ grant certain rights and privileges with respect thereto, including those hereinafter set forth; and WHEREAS, automobile rental services at the AIRPORT are an integral part of the necessary accommodations for ground trans-portation provided for passengers arriving at and departing from the AIRPORT in the promotion and development ❑f air commerce and air transportation; and January 24, 1991 Page 52 WHEREAS, LESSEE desires to make said automobile rental services available at the AIRPORT and is qualified and has the capacity to perform said services and to equip said facilities for use in connection therewith, and further desires to lease certain space and obtain certain rights and privileges with respect to the operation of a rent -a -car service at said AIRPORT upon the terms and conditions hereinafter provided; NOW THEREFORE, for and in consideration of the mutual promises, covenants, terms and conditions, both general and special, as hereinafter set forth, CITY hereby grants to LESSEE the rights and privileges hereinafter described; LESSEE agrees to accept the duties, responsibilities and obligations as herein -after set forth, and the parties hereto, for themselves, their successors and assigns, agree as follows: ARTICLE ONE LEASE OF DESCRIBED PREMISES CITY, upon mutual execution of this agreement, does lease and demise to LESSEE upon the terms and conditions contained herein, the following premises located at the AIRPORT: A. TERMINAL - A description of this location is shown on "Exhibit A", which Exhibit is attached to this Lease Agreement and incorporated herein. B. GROUND - A description of this location, if applicable, is shown on "Exhibit B", which Exhibit is attached to this Lease Agreement and incorporated herein. C. CLOSE -IN VEHICLE PARKING AREAS - A description of these locations are shown on "Exhibit C", which Exhibit is attached to this Lease Agreement and incorporated herein. ARTICLE TWO TERM The initial term of this lease shall begin on the 1st day of December, 1991, and terminate on the 30th day of April, 1992. Upon written application of LESSEE, delivered to the office of the Director, of Aviation of CITY prior to the expiration of the initial term of this lease, the Director of Aviation may extend this lease for a period of thirty (30) days upon the same terms and conditions contained herein. LESSEE may apply for as many thirty (30) day extensions of this lease as LESSEE deems necessary, which may or may not be granted by the Director of Aviation in his discretion. Any extension of this lease granted pursuant to this Article shall be in writing and signed by the LESSEE and the Director of Aviation. Notwithstanding any provision of this Article, this lease is subject to earlier termination as hereinafter provided under Article VII. ARTICLE THREE USE OF PREMISES The LESSEE is granted for the stated term and for no other purpose a non-exclusive privilege of conducting a transient automobile rental service from the leased premises. ARTICLE FOUR RENTALS RECORDS AUDIT AND PLACE OF PAYMENT A. RENTAL 1. Terminal: The LESSEE shall pay to the CITY as rental the following: Ten percent (10%) of LESSEE's monthly gross revenue for each month during the term of this agreement that LESSEE conducts business operations at the AIRPORT. January 24, 1991 Page 53 Notwithstanding the above language, in no event will the annual rental for this lease be less than forty thousand ($40,000) dollars. The monthly rental payments are each month and are to be accompanied 6 preceding month's gross revenue. due on or before the 20th day of y a verified statement showing the For determining the rental due the CITY, gross revenue shall include but not be limited to the following: (1) All revenues received as mileage charges for rental of automobiles, trucks or other vehicles. (2) Charges for insurance policies sold customers, as well as any charges made to customers for insurance deductible waiver features. (3) Sales of fuel and oil. (4) All inter -city or drop fees. (5) All other revenues derived from business operations at the AIRPORT other than proceeds from the sale of cars used in such business operations and payments received from customers for damages to automobiles while rented or for emergency repairs made by the customers. 2. Ground lease (Service CITY rentals for a ground lease on facility and consisting of 20,000 shown on Exhibit "B", at the rate LESSEE :shall, within one year of t construct a service facility at su Aviation of CITY and comparable in facilities at the AIRPORT. Facility): The LESSEE shall pay to the an area to be used as a service square feet of exclusive lease area, as of $.0067415 per sq. ft. per month. he date this agreement is executed, ch location approved by the Director of size and quality to existing service 3. Close -in vehicle parking areas (Ready and Return Car Areas): For each month that this lease is in effect, the LESSEE shall pay to the CITY in advance the sum of SEVEN ($7.00) DOLLARS per space per month for 19 allocated parking spaces, as shown on Exhibit "C", and LESSEE shall reimburse CITY for any costs incurred by CITY in modifying its long-term parking area at the AIRPORT to make such allocated parking spaces available to LESSEE. Payment for such allocated spaces must be received by the CITY on or before the loth day of each and every month during the term of this lease. 4,. Counter area: LESSEE shall area as shown on Exhibit "A", but any area shall be the sole responsibility are also subject to the approval of th whose approval shall not be unreasonab B. LESSEE'S ABATEMENT RIGHTS In the event that one or more during the term hereof, the minimum provided for shall be abated for the conditions continue to exist: be provided space for a counter costs incurred in modifying this of LESSEE. Any such modifications e Director of Aviation of CITY, ly withheld. of the following conditions exist annual guaranteed rental hereinabove period of time the condition or I. If, for any reason, the number of passengers deplaning on scheduled airline flights at the AIRPORT during any period of thirty (30) or more consecutive days shall be lower than 85% of the number of such deplaning passengers for the same period of the immediately preceding contract year or of the year immediately preceding the first contract year. 2. If the operation of LESSEE'S car rental business at the AIRPORT through no fault of LESSEE is adversely affected by shortages or other disruptions in the supply of automobiles, gasoline or other goods necessary for the operation therefore, and there is a material diminution in LESSEE'S gross revenues hereunder for a period of thirty (30) or more consecutive days attributable to such shortages or other disruptions. January 24, I99I Page 54 During the period of the abatement, LESSEE will continue to pay to the CITY the monthly rentals which are based on gross revenues and the CITY will return to LESSEE a just proportion of any minimum annual guarantee payment which may have been prepaid. In the event any of the above conditions continue for a period in excess of six (6) months, LESSEE shall have the right to terminate this agreement. C. MOST FAVORED NATIONS CLAUSE In the event that any contract granted by the CITY to any other similarly situated automobile rental concessionaire shall contain any terms more favorable to such concessionaire than the terms herein granted (other than counter location), then, at the option of LESSEE herein, this Agreement shall be amended to include such more favorable terms and any offsetting burdens that may be imposed on any such other concessionaire. The intent of this provision is to insure that LESSEE will be able to compete on terms as equal as possible with any additional concessionaire and to insure that no other concessionaire shall enjoy any rights, profits or other conditions more favorable to such concessionaire than those enjoyed by the LESSEE herein. However, any concessionaire which has not conducted an automobile rental service at the AIRPORT for at least one full year prior to executing a lease agreement with the CITY for such purpose shall not be considered similarly situated as concessionaires which have conducted business operations for such length of time. D. RECORDS The LESSEE, following accepted accounting practices and procedures, will maintain true and accurate books, records and receipts which will show all of the gross revenue of all business transacted upon and within the AIRPORT. Within 30 days of the end of the initial term of this lease, and when otherwise necessary, LESSEE shall submit to the CITY a verified statement of its gross revenue for each year during the term of this lease in which Lessee conducted business operations at the AIRPORT. Such statement shall be certified by LESSEE's financial officer and shall be accompanied by LESSEE's payment of any remaining sums due the City for such business operations. In the event LESSEE's prior payments to the CITY exceed the amount required by this agreement, the CITY shall reimburse LESSEE with an amount equal to the difference between the sum required and the sum paid. E. AUDIT All books, records and receipts of all business transacted upon and within the AIRPORT will be kept or maintained at the AIRPORT or other place acceptable to the CITY OF LUBBOCK'S auditor, and will be available for inspection and examination during regular office hours by the CITY OF LUBBOCK'S auditor or authorized representatives of the CITY, For the purposes of determining the accuracy of the required statements of gross revenue, the CITY OF LUBBOCK'S auditor may authorize the making of a spot test audit and base the findings for an entire period upon such audit, provided that the audit shall include at least twenty-five percent (25%) of the total time of the period audited. In addition, the CITY OF LUBBOCK'S auditor shall have the right at any time during the term of this lease to authorize an audit of LESSEE's records pertaining to its business operations at the AIRPORT. Such audits shall be undertaken by a reputable firm of independent Certified Public Accountants satisfactory to the CITY. The cost of such audit shall be borne one-half by LESSEE and one-half by the CITY, unless results of the audit reveal a discrepancy of more than five percent (5%) between gross revenue reported in accordance with Section B of this Article and gross revenue as determined by audit. In case of a discrepancy of more than five percent (5%) in favor of the LESSEE, the full cost of the audit shall be borne by the LESSEE. F. PAYMENT All payments that become due and payable by the LESSEE shall be made to the CITY OF LUBBOCK at the Office of the Director of Aviation, Lubbock International Airport, Lubbock, Texas. January 24, 1991 Page 55 G. BREACH Any action taken by the LESSEE to induce its patrons or patrons of other car rental concessionaires at the AIRPORT to rent or receive vehicles in such a manner and at such places so as to diminish the gross revenue of car rental concessions under this agreement shall constitute a material breach hereof and a cause for the termination of this agreement by the CITY. ARTICLE FIVE OBLIGATIONS OF THE CITY A. CLEAR TITLE The CITY covenants and agrees that at and until the granting and delivery of this lease it is well seized of the leased premises and has good title, free and clear of all liens and encumbrances having priority over this lease; and that the CITY has full right and authority to lease the premises described in this contract. B. MAINTENANCE OF AIRPORT The CITY covenants and agrees that it will during the period of this agreement operate and maintain the AIRPORT as a public facility consistent with and pursuant to the Assurances given by the CITY OF LUBBOCK to the United States Government under the Federal Airport Act. C. CONDDITIONS AND MAINTENANCE OF PREMISES The CITY 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. The CITY shall maintain roads, which may be relocated, on the AIRPORT access to the leased premises in a good and adequate condition for use by czars and trucks. ARTICLE SIX OBLIGATIONS OF LESSEE A. NETT LEASE This lease shall be without cost to the CITY for the development, maintenance and improvement of the leased premises. It shall be the sole responsibility of the LESSEE to keep, maintain, repair and operate the entirety of the demised premises, and all improvements and facilities placed on the leased premises shall be at LESSEE"s sole cost and expense. B. PRIVILEGES AND CONDITIONS The CITY grants to the LESSEE the following general privileges, uses and rights, all of which are subject to the terms, conditions and covenants herein set forth and all of which shall be non-exclusive on the AIRPORT: 1. The general use of all common terminal facilities and improvements which are now or may hereafter be connected with or appurtenant to the terminal building only in such a manner as may be necessary or convenient to the conduct of LESSEE's business. 2. The right of ingress to and egress from the leased premises over and across common or public roadways serving the AIRPORT for LESSEE, its agents, employees, patrons, invitees, suppliers of service and furnishers of materials, such right of ingress and egress being subject to such ordinances, rules and regulations now existing or subsequently promulgated. 3. The LESSEE herein agrees to construct improvements within the AIRPORT upon the leased premises as follows: (1) Terminal: Concession Counter (2) Grounds: Vehicle service building and vehicle storage area January 24, 1991 Page 56 The LESSEE shall have the right to and shall provide for the location, construction, alteration, extension and erection of new or existing improvements, maintenance and removal of improve-ments, in any lawful manner, upon the leased premises, for the purpose of conducting an automobile rental service, provided that all plans and specifications for the construction, alteration, extension and erection of facilities and improvements, including landscaping, shall be in compliance with all laws, policies and ordinances of the CITY OF-LUBBOCK and shall require the written approval of the Director of Aviation before any construction or installation may be undertaken. 4. The right to sell used rental vehicles with the following restrictions: (1) Only those vehicles used at the AIRPORT may be sold there. All signs used in connection with the sale of such vehicles shall be approved by the Director of Aviation. (2) The sale of such vehicles on AIRPORT premises shall be restricted to LESSEE's vehicle service area as shown in Exhibit "B". C. MAINTENANCE 1. The LESSEE shall, at its own expense, provide jani-torial and custodial services for all its leased premises. Said services may be provided by LESSEE alone or by LESSEE in conjunc-tion with other tenants who are now or who may hereafter be LESSEES at the AIRPORT. 2. The LESSEE accepts the leased premises in their present condition and shall, at its sole cost and expense, maintain the leased premises, grounds, fences, buildings, improvements and appurtenances at all times in a clean and presentable condition free of trash, debris and weeds and consistent with good business practice and equal in appearance and character to similar improvements in the terminal building and parking and service area. The LESSEE shall repair all damage to the leased premises and CITY -owned property caused by its employees, patrons or its operations upon the AIRPORT. The CITY shall be the sole judge of the quality of maintenance, and upon written notice from the Director of Aviation, the LESSEE shall be required to perform such maintenance as the CITY deems necessary. Failure by LESSEE to comply within thirty (30) days following receipt of such written notice from the Director of Aviation shall giive the CITY the right to enter upon the leased premises and perform the necessary maintenance, the cost of which shall be borne by the LESSEE. D. PROPERTY PERMANENTLY AFFIXED TO PREMISES Any property belonging to LESSEE which becomes permanently attached to the premises shall become the property of the CITY upon termination ❑f this agreement, whether upon expiration of the initial term, any extension thereof, or earlier under any provision of this lease agreement, except the following named improvements shall be treated in the manner described: 1. Paving, fencing, fuel storage tanks and fuel lines shall be amortized over a period of ten (10) years. In the event that the LESSEE herein is succeeded by another operator at the end of the initial term of this lease, or any extension thereof, the new operator shall purchase the above named improvements from the LESSEE by paying LESSEE the value of the remaining unamortized portion; otherwise, such improvements shall become the property of the CITY. 2. Service buildings constructed by LESSEE remain the property of LESSEE. However, in the event LESSEE is succeeded by another operator at the end of the initial term of this lease, or any extension thereof, the new operator and LESSEE should negotiate for the purchase of such service buildings. If the two parties are unable to agree on the purchase price, each party shall designate an appraiser who shall appraise the buildings along with a third appraiser according to their fair market value. The average of the three appraisals shall be binding as the agreed price of the property. If for some reason the LESSEE terminates its operations, the CITY has the first right of refusal to purchase at the fair market value. January 24, 1991 Page 57 E. REMOVAL OF LESSEE'S PROPERTY The LESSEE shall have the right, within fifteen (15) days after the termination of this lease, whether such termination comes upon expiration of the initial term, any extension or otherwise under any provision of this lease, to remove from the premises all of LESSEE's furnitures, fixtures, equipment and furnishings which have not become the property of the CITY, but LESSEE shall restore the premises to their original condition, normal wear and tear excepted, provided the CITY shall have a lien on all of LESSEE's property to secure any unpaid rental or other charge due the CITY; and LESSEE's right to remove property from the premises is conditioned upon all amounts due the CITY from LESSEE having been paid in full. Unless a renewal agreement is executed, property left on the premises after thirty (30) days from the date of termination of this agreement shall be deemed abandoned and will become the property of the CITY, and may be disposed of as the CITY sees fit, without any liability to the LESSEE to account for the proceeds of any sale; and the CITY, at its option, may charge rent from termination of the agreement through the day of final removal of the property, or of notification to the LESSEE of the abandonment of the property and taking by the CITY, as the case may be, which rent shall not be less than the total dollar amount of the fixed rent and the minimum guarantee required to be paid by the LESSEE to the CITY. F. PARKING The Director of Aviation shall allocate 19 parking spaces in the Ready and Return Car Area of the AIRPORT to LESSEE, as shown on Exhibit "C". LESSEE agrees to confine its automobile parking to the parking spaces allocated to LESSEE. No additional parking area has been provided (except in exclusive leased service area) for the parking of LESSEE's vehicles, and LESSEE is prohibited from parking its vehicles on any of the curbs or entrance roads to the terminal area. Vehicles parked in the AIRPORT"s paid parking lot area shall accrue charges in accordance with current parking rates, and the CITY has no obligation to detect or report LESSEE'S vehicles so parked. G. STANDARD OF SERVICE The LESSEE shall conduct a first class automobile rental service, providing adequate service at all times to meet the demands for such service at the AIRPORT. The LESSEE agrees to conduct its business in a proper and courteous manner and to furnish prompt and efficient service, making available to the public clean, late -model, low -mileage automobiles in good mechanical condition. The LESSEE agrees to charge fair, reasonable and non-discriminatory rates and charges for the rental of vehicles, however, the LESSEE may make reasonable and non-discriminatory discounts, rebates or other similar types of price reductions to volume customers. H. BUSINESS SOLICITATIONS All of LESSEE's business operations and solicitations will be confined to the leased premises. LESSEE agrees to have its own employees in attendance at the counter during all hours of scheduled airline operations. 1. ADVERTISING The LESSEE will erect no signs and will distribute no advertising in the AIRPORT or on AIRPORT property without the prior written consent of the Director of Aviation. J. UTILITIES The LESSEE shall assume and pay for all costs or charges for metered utility services furnished LESSEE during the initial term hereof, and any subsequent extension; provided that LESSEE shall have the right to connect to any storm and sanitary sewers and water and utility outlets, the cost of usage extension, installation and meters, where required, to be borne by the LESSEE. January 24, 1991 Page 58 K. PAYMENT OF TAXES, FEES The LESSEE shall pay all federal, state and local government taxes, license fees and occupation taxes levied on the business conducted on the leased premises, or on any of LESSEE's property used in connection therewith. The LESSEE shall render for taxation purposes all automobiles and other property used .in connection with the business on the AIRPORT, and all such property shall have its situs and domicile in Lubbock, Lubbock County, Texas. Taxation is subject to legal protest in accordance with the provisions of the taxing authority whose levy is questioned. Any protest is at the sole expense of LESSEE. Delinquency in payment of such obligations after any protest has been settled shall, at the option of the CITY, be cause for termination of this lease. L. REGULATIONS The LESSEE's officers, agents, employees and servants will obey all rules and regulations which may be promulgated by the CITY or its authorized agents in charge of the AIRPORT, or by other lawful authority, to insure the safe and orderly conduct of operations and traffic on the AIRPORT. M. PROHIBITION OF SUBLEASES AND ASSIGNMENTS The LESSEE will not directly or indirectly assign, sublet, sell, hypothecate or otherwise transfer this lease or any portion of the leased premises, without the prior written consent of the Director of Aviation. N. REMOVAL OF TRASH LESSEE shall at its sole expense provide the complete and adequate sanitary handling and disposal, away from the AIRPORT, of all trash, garbage and other refuse which results from the operation of LESSEE's business. 0. INDEMNIFICATION AND INSURANCE 1. The CITY shall stand indemnified by the LESSEE as provided by this agreement. The LESSEE shall be deemed to be an independent contractor and operator responsible to all parties for its respective acts and omissions, and the CITY shall in no way be responsible therefor. In the exercise of the obligations and in the enjoyment of the privileges granted by this agreement, the LESSEE shall indemnify and save harmless the CITY from any and all losses that may proximately result to the CITY because of any fault or negligence on the part of the LESSEE, its agents, employees or invitees, and shall indemnify the CITY against any and all claims, demands, suits, judgments and losses whatsoever. 2. The LESSEE shall maintain at all times, at its sole expense and with an insurance underwriter authorized to do business in the State of Texas and acceptable to the City, insurance against claims of general liability, automobile liability and property damage resulting from LESSEE's business activities at the AIRPORT. The amount of insurance coverage shall be not less than FIFTY THOUSAND ($50,000.00) DOLLARS for property, damage as a result of any -one event; or less than ONE HUNDRED THOUSAND ($100,000.00) DOLLARS for personal injury or death of any one person in any one event; or less than THREE HUNDRED THOUSAND ($300,000.00) DOLLARS for personal injury or death of two or more persons in any one event. Certificates of insurance or other satisfactory evidence of insurance shall be filed with the Director of Aviation prior to entry upon the premises by the LESSEE. Each policy shall name the CITY as an additionial insured, require the insurer to notify the Director of Aviation of the City of Lubbock, Texas, of any alteration, renewal or cancellation, and remain in full force and effect until at least ten (10) days after such notice of alteration, renewal or cancellation is received by the Director of Aviation. The LESSEE shall provide workers' compensation insurance sufficient to meet statutory requirements. The workers' compensation policy shall provide employer's liability insurance in the amount of ONE HUNDRED THOUSAND ($100,000.00) DOLLARS. January 24, 1991 Page 59 P. WAGES The LESSEE shall pay, or require the payment of, the prevailing wage rate for each craftsman or workman employed by LESSEE, or by persons or firms engaged by LESSEE, for any alteration of the premises or installation, maintenance or repair of vehicles, fixtures, equipment and furnishings used in LESSEE's operations, as required by ordinances enacted pursuant to Article 5159a, Y.A.C.S., as amended. The ordinances and statute and amendments thereto are incorporated herein by reference for all purposes. Q. CONDUCT AND APPEARANCE OF EMPLOYEES Any employee in LESSEE's operations that may be deemed to be discourteous or objectionable on reasonable grounds shall be removed from the premises by LESSEE on demand by CITY. CITY likewise reserves the right to eject any objectionable person or persons, including LESSEE's employees, from said premises, and upon the exercise of this authority through CITY's agents or employees, LESSEE hereby waives any right and all claims for damage against CITY or any of its agents, officials or employees. R. LIENS PROHIBITED The LESSEE shall not bind or attempt to bind the CITY for payment of any money in connection with construction, repairing, alterations, additions or reconstruction work on the premises, and LESSEE shall not permit any mechanic's, materialman's or contractor's liens to arise against the premises or improvements thereon, or any equipment, machinery and fixtures therein belonging to the CITY, and LESSEE expressly agrees that it will keep and save the premises and the CITY harmless from all costs and damages resulting from any liens of any character created or that may be asserted through any act or thing done by the LESSEE. In the event any mechanic's lien or other lien or orders for payment shall be filed against the premises or improvements thereon, or against CITY -owned property located therein during the initial term hereof, or during any subsequent extension, LESSEE shall within ten (10) days cause the same to be cancelled and discharged of record by bond or otherwise, at the election and expense of LESSEE, and shall also defend on behalf of the CITY, at LESSEE's sole cost and expense, any action, suit or proceeding which may be brought thereon or for the enforcement of such lien or orders. Failure of the LESSEE to comply with any requirement of this section or paragraph shall be cause for immediate termination of this agreement by the CITY. S. NON-DISCRIMINATION PRACTICES LESSEE, its agents and employees will not discriminate against any person or class of persons by reason of age, race, color, handicap, religion or national origin in providing any services or in the use of any of its facilities provided for the public. LESSEE further agrees to comply with such enforcement procedures as the United States might demand that the CITY take in order to comply with the Sponsor's Assurances. LESSEE agrees not to discriminate against any employee or applicant for employment because of age, race, color, sex, handicap, religion or national origin. The LESSEE agrees to take affirmative action to insure that applicants are employed and that employees are tested during employment without regard to their age, race, color, sex, handicap, religion or national origin. Such action shall include, but not be limited to employment, upgrading, demotion, transfer, recruitment, layoff, rates of pay or other forms of compensation, and selection for training, including apprenticeship. T. SINGULAR AGREEMENT LESSEE shall not operate more than one rent -a -car service at the AIRPORT nor occupy space provided for more than one passenger car rental concession at the AIRPORT at any time during the initial term of this agreement, or any subsequent extension. If LESSEE has an existing lease agreement with the City that allows LESSEE to operate a car rental January 24, 1991 Page 60 concession at the AIRPORT at the time LESSEE enters into this agreement, the prior lease will be deemed abandoned by LESSEE. However, LESSEE herein agrees to pay all outstanding rentals, fees and other charges incurred under the prior lease within thirty (30) days of the date of execution of this lease. ARTICLE SEVEN TERMINATION. CANCELLATION A. TERMINATION This lease shall terminate at the end of the full term hereof and LESSEE shall have no further right or interest in any of the lands or improvements hereby demised, except as provided in Article Six. B. CANCELLATION BY LESSEE This lease shall be subject to cancellation by LESSEE after the happening of one or more of the following events. 1. The permanent abandonment of the AIRPORT as an air terminal. 2. The lawful assumption by the United States Government, or any authorized agency thereof, of the operation, control or use of the AIRPORT, or any substantial part or parts thereof, in such a manner that substantially restricts LESSEE for a period of at least ninety (90) days from operating thereon. 3. Issuance by any court of competent jurisdiction of are injunction in any way preventing or restraining the use and operation of the AIRPORT for a period of at least ninety (90) days. 4. The default of the CITY in the performance of any covenant or agreement herein required to be performed by the CITY and the failure of the CITY to remedy such default for a period of sixty (60) days after receipt from LESSEE of written notice to remedy the same. LESSEE may exercise such right of termination by giving thirty (30) days advance written notice to the CITY at any time after the lapse of the applicable periods of time and this lease shall terminate as of the thirtieth (30th) day. Rental due hereunder shall be payable only to the effective date of said termination. C. CANCELLATION BY CITY This lease shall be subject to cancellation by CITY after the happening of one or more of the following events: 1. The taking by a court of competent jurisdiction of LESSEE and its assets pursuant to proceedings brought under the provisions of any federal reorganization act. 2. The appointment of a receiver of LESSEE'S assets. 3. The divestiture of LESSEE'S assets herein by other operation of law. 4. The abandonment by LESSEE of its rent -a -car service at the AIRPORT for a period of thirty (30) days or more. 5. The failure by LESSEE to pay any rentals or other charges hereunder when due. 6. The default by LESSEE in the performance of any covenant or agreement herein required to be performed by LESSEE and the failure of LESSEE to remedy such default for a period of sixty (60) days after receipt from CITY of written notice to remedy the same. 7. The lawful assumption by the United States Government of the operation, control or use of the AIRPORT, or any substantial part or parts thereof„ or any authorized agency thereof, in such a manner as to substantially restrict LESSEE for a period of at least ninety (90) days from operating thereon. If any of the aforesaid events occur, CITY may enter the leased premises and take immediate possession of the same and remove LESSEE'S effects. Upon said entry this lease shall terminate, and any rental due hereunder shall be payable to said date of termination. January 24, 1991 Page 62 equipment, furniture, fixtures and furnishings during the initial term of this lease agreement (or any extension thereof), subordinating such purchase money secured interest to the secured interest held by the City. LESSEE shall further secure and file with the Director of Aviation subordination agreements executed by and between the City of Lubbock and any person or firm holding a lien against any structures or other improvements used or installed by LESSEE upon the leased premises, subordinating such lien to the CITY'S lien against such structures or improvements to secure payment of all amounts due under this agreement. LESSEE shall execute security agreements and sign financing statements to be filed with the County Clerk of Lubbock County and the Secretary of State of Texas; such security agreements shall give the City of Lubbock a secured interest in all vehicles, equipment, furniture, fixtures and furnishings used in LESSEE'S car rental operation on the AIRPORT, including all such items hereafter acquired for such use, and a lien upon all structures and improvements presently existing or to be installed or constructed upon the leased premises during the initial term of this Lease Agreement, or any extension thereof. In addition to executing said security agreement, LESSEE will file with the Director of Aviation a schedule showing the motor vehicle identification and registration numbers of each vehicle used in its car rental operation on the Airport and such supplementary schedules as are necessary to keep the CITY informed as to the number and identity of such vehicles. F. RIGHT OF INSPECTION The CITY reserves the right to conduct inspections of the leased premises at reasonable times to insure that fire, safety and sanitation regulations and other provisions contained in this lease are being adhered to by the LESSEE. G. TERMINATION OF LEASE, SURRENDER OF LEASED PREMISES AND OWNERSHIP OF IMPROVEMENTS The LESSEE covenants and agrees that at the expiration of the initial term or any extension which has been granted, or upon earlier termination as provided in this lease agreement, it will quit and surrender the leased premises and the improvements in good state and condition, reasonable wear and tear, acts of God and other casualties excepted, and the CITY shall have the right to take possession of the leased premises and the improvements, subject to the limitations provided by Article Six, Section D of this lease, with or without process of law. H. HEADINGS The paragraph headings contained herein are for convenience in reference and are not intended to define, extend or limit the scope of any provisions of this agreement. I. NOTICES Notices to the CITY required or appropriate under this agreement shall be deemed sufficient if in writing and mailed, registered or certified mail, postage prepaid, addressed to the Director of Aviation, Lubbock international Airport, Route 3, Box 389, Lubbock, Texas 79401. Notices to the LESSEE shall be deemed sufficient if in writing and mailed, registered or certified mail, postage prepaid, addressed to the LESSEE at the address on file with the Director of Aviation. J. ENTIRE AGREEMENT This agreement constitutes the entire agreement between the CITY and LESSEE, and any other written or parole agreement with the CITY is expressly waived by LESSEE. EXECUTED this 24th day of January, 1991. LESSEE Southwest -Tex Leasing Co., Inc. BY: /s/ Title: Chief Exec. Officer Date: January 2. 1991 January 24, 1991 Page 63 THE CITY OF LUBBOCK /s/ B. C. McMinn MAYOR ATTEST: /s/ Ranette Boyd City Secretary APPROVED AS TO CONTENT: /s/ Bern E. Case Bern E. Case Director of Aviation APPROVED AS TO FORM: /s/ Harald Willard Harold Willard Assistant City Attorney This Agreement allows Advantage Rent Car to operate a rental car service in the Lubbock International Airport terminal for a term ending April, 1992. This Contract runs concurrently with other rental car agency leases and is subject to the same rate (10% of grass revenues, with a $40,000 per year minimum). Advantage has agreed to construct a vehicle service facility within one year and will occupy the terminal space previously used by Dollar Rent Car. This Lease is not expected to substantially increase total rent car income to the Airport; however, the Airport will lease additional land and ready spaces for an increase in land rent of $1,617.98 per year and an increase in ready space rental of $1,596 per year. The Airport Board reviewed and recommended this Lease. Staff recommended approval. Motion was made by Councilman Phillips, seconded by Councilwoman Trejo to authorize Resolution #3530 as recommended by the Airport Board and City Staff. Motion carried: 7 Yeas; 0 Mays. 91-50A-63-47 (18.) Consider Resolution #3531 authorizing a Cattle,Grazin Rights Contract with Johnny Reed (Lake Alan Hp nrvl. RESOLUTION #3531 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 Johnny Reed for cattle grazing rights, 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. January 24, 1991 Page 64 Passed by the City Council this 24th day of January, 1991. /s/ B. C. McMinn B. C. McMIHN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: s Harc}1 d Willard Harold Willard, Assistant City Attorney THE STATE OF TEXAS § COUNTY OF GARZA § CATTLE GRAZING CONTRACT Each of the following parties set forth in Numbered Paragraph 1 below agree as follows: 1. Parties. 1.1 The City of Lubbock, Texas, a Municipal Corporation referred to hereiin as "City." 1.2 Johnny Reed, referred to herein as "Owner." 2. Recitals 2.1 City owns certain land in Garza County ("City Land") whose primary intended purpose is for Lake Alan Henry wildlife mitigation. 2.2 City and Owner desire to enter into a written agreement to govern the grazing of cattle by Owner on a portion of the City Land pursuant to the terms and conditions herein set forth. 3. Agreement. 3.1 Term: The term of this contract shall be from February 1, 1991, to December 31, 1991, and shall be automatically renewable for as many additional 1-year terms as the parties desire unless either party shall give the other party written notice of termination prior to the beginning of any such 1-year term or unless otherwise terminated as hereinafter provided. 3.2 Description_of Premises: That portion of the City Land upon which grazing is herein permitted shall consist of 2207.27 acres of land, more or less, and more particularly described as follows: All of Sections 71, 72 and 78, Block 5, H. & G. N. R.R. Co. Survey, Garza County, Texas, and the following portion of Section 70, Block 5, to -wit: January 24, 1991 Page 55 The North part of Section 70, Block 5, H. & G. N. R.R. Co. Survey, Garza County, Texas, and being more particularly described as follows: BEGINNING at a 1 1/4" iron pipe, set by F.M. German in 1895, at the Northwest corner of said Section 70, for the Northwest and beginning corner of this tract, said corner being the common corner of Sections 70, 71, 18 and 79; THENCE S. 88024'55" East, along the North line of said Section 10 and the South line of Section 71, a distance of 5253.82 feet to the Northeast corner of said Section 70, for the Northeast corner of this tract, said corner being the common corner of Sections 54, 55, 10 and 71; THENCE S. 01°45'24" West, along 10 and the West line of Section to a 1/2" iron rod, set for the tract; the East line of said Section 55, a distance of 1756.59 feet Southeast corner of this THENCE S. 11°42'11" West, a distance of 3810.43 feet to a 1/2" iron rod, set for a corner of this tract; THENCE N. 88°24'55" West, a distance of 1559.59 feet to a 1/2" iron rod, set in the West line of said Section 70, for the Southwest corner of this tract; THENCE N. 01048111" East, along the West line of said Section 10 and the East line of Section 79, a distance of 2510.79 feet to the POINT OF BEGINNING. 3.3 Description of Cattle: The number of cattle to be grazed will be approximately 100. The cattle to be grazed shall be: Yearlings (cattle generally weighing 300 lbs. to 700 lbs.), cow -calf units, and the appropriate number of bulls per cow herd size. 3.4 Rental: Owner agrees to pay City in advance $1.50 per head per month per 1-year term for the grazing rights granted in this contract. City shall refund to Owner a prorated amount of the rental in the event this contract is terminated prior to the expiration of any 1-year term pursuant to subparagraphs 3.10 or 3.11. The prorated amount of the rental to be refunded in such event shall be calculated from the day all of Owner's cattle have been removed from the property. 3.5 Responsibilities of Owner: The Owner is to provide all labor, medicatiion, supplements and services necessary for the care of the cattle which are the subject of this contract and the City shall have no responsiibility for the care of such cattle. 3.6 Additional Feed: It is understood that the City will not provide any additional feed for grazing purposes. 3.7 Availability of Water: Owner shall be responsible for making available ground water of suitable drinking quality for the cattle of the Owner at: locations to be determined by the City's Right -of -Way Agent. 3.8 Removal of Cattle: All amounts due City under this grazing contract; must be paid prior to the removal of the cattle by Owner. 3.9 Compliance with Regulatory Authorities: Owner understands that this grazing contract is subject to and is subordinate to the Wildlife Mitigation Plan approved by the Corps of Engineers and the City of Lubbock's 404 Permit to construct Lake Alan Henry. In the event of a conflict; at any time hereafter between the use of the City Land pursuant to this Plan and for cattle grazing, City will give priority to the Wildlife Mitigation Plan without incurring any liability to Owner under the terms of this contract or otherwise. January 24, 1991 Page 66 3.10 Termination by City: In the event the City determines that the property to be used by Owner for grazing is to be utilized for the Wildlife Mitigation Plan, and the City elects to discontinue cattle grazing on such property, then the City may, by giving two weeks prior notice to the Owner, terminate this contract. Owner shall have ninety days after receipt of written notice of termination under this subparagraph to remove the cattle remaining on the property. 3.11 Termination by owner: If the Owner wishes for any reason to terminate this Contract, the Owner may, by giving two weeks prior notice to the City, terminate this contract. Owner shall have four weeks after sending notice of termination under this subparagraph to remove the cattle remaining on the property. 3.12 Indemnity and Liability: City shall not have any responsibility for the condition of or care of the cattle of the Owner which are the subject of this contract. The Owner agrees to indemnify and hold the City harmless from liability for injury or death to the Owner's cattle during the term of this contract; provided, however, City shall be liable to Owner for actual damages arising out of injury or death to the Owner's cattle occasioned by the negligence of City or City's agents, officers or employees. City shall not be liable to Owner for loss of cattle occasioned by disease or natural causes. 3.13 Insurance: Each of the parties shall be responsible for maintaining liability insurance against loss, liability or expense to third parties, including personal injury and property damage, arising out of conduct pursuant to this contract. City agrees to indemnify and hold Owner harmless from the consequences of negligence of the agents and employees of City resulting in loss or injury to third parties. Owner agrees to indemnify and hold City harmless from the consequences of negligence of agents and employees of Owner resulting in loss or injury to third parties. 3.14 Fences: Owner shall maintain fences on the subject property during the term of this agreement. It is also agreed that Owner shall be responsible for the construction and maintenance of the Southern most East-West fence. Owner herein agrees to lock or otherwise secure all gates through which ingress and egress to the subject property may be obtained and notify City immediately whenever third parties trespass on the property. 3.15 Corrals - Pens - Loading Facilities: Owner shall provide reasonable corrals, working pens and loading facilities to accommodate the needs of the Owner at locations on City Land mutually approved by the Owner and the City's Right -of -Way Agent. 3.16 Binding Effect: This agreement shall be binding on the parties hereto, their heirs, legal representatives, successors and assigns. 3.17 Venue: This contract is executed and shall be deemed to be entered into in Lubbock County, Texas, where venue lies for any dispute arising under this agreement. January 24, 1991 Page 67 SIGNED AND EXECUTED this 24th day of January, 1991. CITY OF LUBBOCK, TEXAS IsI B. C. McMinn B. C. McMINN, MAYOR ATTEST: Is/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Isl Ed Bucy Ed Bucy, Right-of-way Agent APPROVED AS TO FORM: IsI Harold Willard Harold Willard, Assistant City Attorney OWNER JOHNNY REED THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, on this day personally appeared B. C. McMINN, Mayor of the City of Lubbock, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and as the act and deed of said City. GIVEN UDDER MY HAND AND SEAL OF OFFICE this 24th day of January, 1991. Is/ Olivia R. Solis Notary Public, Lubbock County, Texas My Commission Expires: THE STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared JOHNNY REED, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 1991. Notary Public, Lubbock County, Texas My Commission Expires: January 24, 1991 Page 68 In September, 1990, the City of Lubbock purchased 2,207 acres of land for use as wildlife mitigation land from John and Carol Sue Reed in conjunction with the Lake Alan Henry project. The Sales Contract contains an option to lease this land for cattle grazing until it is to be developed as required by the Corps of Engineers (approximately 2-3 years). This Grazing Lease Contract is to begin February 1, 1991, with successive one-year renewable options. Approximate number of cattle to be grazed is 100, and the charge will be $1.50 per head per month per one year, or $1,650 for the first year period (11 months). As part of this Contract, Mr. Reed will also have to construct, at his expense, a fence along the south end of the mitigation property, and keep the property locked at all times. Staff recommended approval. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Maloy to authorize Resolution #3531 as recommended by Staff. Motion carried: 7 Yeas; 0 Hays. 91-50A-68-48 (19.) Consider Ordinance #9416 abandoning and closing a north/south 20' alley in the Slide Road Addition (23rd Street and Albany Avenue}. ORDINANCE #9416 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF AN ALLEY LOCATED IN SLIDE ROAD ADDITION TO THE CITY OF LUBBOCK, LUB80CK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MAKE THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 91-50A-68-49 (20.) This Ordinance abandons and closes a dedicated 20' by 240' north -south alley located north of 23rd Street and just east of Albany Avenue, and the closure is for replatting and building expansion. The proponent of this closure is Richard Webb, builder. The area being closed is 4,800 square feet and it will remain a Utility Easement. The property owner is dedicating 900 square feet of street right-of-way for 23rd Street and a 25' by 450' Utility Easement across the northern portion of his property which more than offsets the area being closed. Staff recommended approval. Motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Patterson to pass on first reading Ordinance #94I6 as recommended by Staff. Motion carried: 7 Yeas; 0 Hays. Consider Ordinance #9417 abandoning and closing ORDINANCE #9417 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF AN ALLEY LOCATED ADJACENT TO LOTS I THROUGH 8, BLOCK 3, SUNSHINE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MAKE THE: OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMNNT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 91-50A-69-50 (22.) January 24, 1991 Page 69 This Ordinance closes a 15' wide by 225' long north - south alley located just east of Avenue H (I-27) between 30th and 31st Streets. Proponent of this closure is Clear-Vu Autos, and the reason for closure is for replatting purposes. Total area being closed is 3,375 square feet. The property is valued by the Appraisal District at $1.25 per square foot. The alley area being closed is to remain as a Utility Easement, and since the area can only be used for parking or landscaping and cannot be built on, the Right -Of -way Department appraised this area being closed at 50t per square foot, or $1,687.50 payment to the City. All utilities are in agreement, since it will remain as an Easement, and the $150 application fee has been paid. Staff recommended approval. Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Patterson to pass on first reading Ordinance #9417 as recommended by Staff. Motion carried: 7 Yeas; 0 Hays. RESOLUTION #3532 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 57 THROUGH 76, PRESTON HILLS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 57 through 76, Preston Hills 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 527,531.53 with the improvements constructed by Craft Contracting Corporation having a value of $19,337.51 as determined by the unit prices established by said Chapter 28, and 51,207.64 cash paid to the City, plus $6,986.38 transferred from existing refund contract #5672 W/S for adjacent line costs with Lubbock Land Company, the developer to receive a refund of $9,027.16 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 per -Formed 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 $9,027.16 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of S0.00. SE=CTION 4. THAT this Resolution shall take effect and be in force from and after is passage. January 24, 1991 Page 70 Passed by the City Council this 24th day of January, 1991. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Wilford D. Watson Wilford D. Watson, Chief Water Utilities Engineer /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /sZ 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 $27,531.53 including the value of construction costs ($19,337.51), cash paid to the City ($1,207.64) and amount transferred from Refund Contract #5672 w/s ($5,986.38). The developer, Lubbock Land Co., will receive a refund of $9,027.16 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. Notion was made by Councilwoman Trejo, seconded by Councilman Aderton to authorize Resolution #3532 as recommended by Staff.- Notion carried: 7 Yeas; 0 Hays. 91-50A-70-51 (23.) Consider Resolution #3533 authorizing the Mayor to execute an Agreement with Brazos River Authority regarding tax exemption (Lake Alan Henry). RESOLUTION #3533 RESOLUTION AUTHORIZING THE MAYDR OF THE CITY OF LUBBOCK TO EXECUTE AN AGREEMENT WITH BRAZOS RIVER AUTHORITY REGARDING TAX EXEMPTION WHEREAS, the Brazos River Authority (the "Authority") has authorized the issuance of its Special Facilities (Lake Alan Henry) Revenue Bonds, Series 1991 (the "Bonds") for the purpose of constructing a reservoir (the "Project") on the south fork of the double mountain fork of the Brazos River to provide a long-term, firm supply of surface water to the City of Lubbock„ Texas ("Lubbock"); and WHEREAS, Authority and Lubbock have entered into a contract dated May 11, 1989, which provides, among other things, for the Authority to construct the Project and operate and maintain it on the land acquired by Lubbock and pursuant to easements granted to the Authority; and WHEREAS, the Authority has agreed to sell to Lubbock and Lubbock has agreed to buy from the Authority and to pay as provided in the contract, whether such water is actually used or not, the entire amount of the water which can be supplied from the Project; and WHEREAS, the payments received by the Authority with respect to such sale will be used for the payment of debt service on the Bonds; and January 24, 1991 Page 71 WHEREAS, it is appropriate that Lubbock and the Authority enter into an agreement whereby Lubbock agrees to refrain from any action which would adversely affect, or to take such action to ensure, the treatment of Bonds as obligations described in section 103 of the Internal Revenue Code of 1986, the interest on which is not includable in the "gross income" of the holder for purposes of federal income taxation; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. The Mayor is authorized to enter into an agreement with the Authority, and the City Secretary is authorized to affix the seal of the City thereto and attest such agreement, being substantially in the form attached hereto as Exhibit A and made a part hereof. 2. The Mayor and other officers and employees of the City are hereby authorized to take such further action as shall be appropriate or necessary to carry out the intent and purposes of said agreement. AGREEMENT BETWEEN BRAZOS RIVER AUTHORITY AND CITY OF LUBBOCK, TEXAS REGARDING TAX EXEMPTION WHEREAS, the Brazos River Authority (the "Authority") has authorized the issuance of its Special Facilities (Lake Alan Henry) Revenue Bonds, Series 1991 (the "Bonds") for the purpose of completing the construction of Lake Alan Henry (the "Project") on the south fork of the double mountain fork of the Brazos River to provide a long-term, firm supply of surface water for the City of Lubbock, Texas ("Lubbock"); WHEREAS, the Authority and Lubbock have entered into a contract dated May 11, 1989, which provides, among other things, for the Authority to construct the Project and operate and maintain it on the land acquired by Lubbock and pursuant to easements granted to the Authority; WHEREAS, the Authority has agreed to sell to Lubbock and Lubbock has agreed to buy from the Authority and to pay as provided in the contract, whether such water is actually used or not, the entire amount of the water which can be supplied from the Project; and WHEREAS, the payments received by the Authority with respect to such sale will be used for the payment of debt service on the Bonds; THE AUTHORITY AND LUBBOCK DO HEREBY AGREE AS FOLLOWS: 1. Lubbock agrees to refrain from any action which would adversely affect, or to take such action to ensure, the treatment of the Bonds as obligations described in section 103 of the Bode, the interest on which is not includable in the "gross income" of the holder for purposes of federal income taxation. 2.. In furtherance thereof, Lubbock agrees as follows: (a) to take any action to assure that no portion of the proceeds of the Bonds received by Lubbock or no more than five percent of the output received by Lubbock from the Project are used for any "private business use," as defined in section 141(b)(5) of the Code or, if more than 5 percent of the output is so used, that amounts, whether or not received by Lubbock, with respect to such private business use, do not, under the terms of the Resolution adopted by the Authority or any underlying arrangement, directly or indirectly, secure or provide for the payment of more than 5 percent of the debt service on the Bonds, in contravention of section 141(b)(2) of the Code; (b) to refrain from taking any action which would otherwise result in the Bonds being treated as "private activity bonds" within the meaning of section 141(b) of the Code; January 24, 1991 Page 72 (c) to refrain from taking any action that would result in the Bonds being "federally guaranteed" within the meaning of section 149(b) of the Code; (d) to refrain from using any portion of the proceeds of the Bonds or amounts treated as proceeds of the Bonds, directly or indirectly, to acquire to replace funds which were used, directly or indirectly, to acquire investment property.(as defined in section 148(b)(2) of the Code) which produces a materially higher yield over the term of the Bonds, other than investment property acquired with -- (1) proceeds of the Bonds invested for a reasonable temporary period of 3 years or less until such proceeds are needed for the purpose for which the bonds are issued, (2) amounts invested in a bona fide debt service fund, within the meaning of section 1.103-13(b)(12) of the Treasury Regulations, and (3) amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed 10 percent of the proceeds of the Bonds; (e) to otherwise restrict the use of the proceeds of the Bonds or amounts treated as proceeds of the Bonds, as may be necessary, so that the Bonds do not otherwise contravene the requirements of section 148 of the Code (relating to arbitrage) and, to the extent applicable, section 149(d) of the Code (relating to advance refundings); (f) to take such action as necessary to assist the Authority in paying to the United States of America at least once during each five-year period (beginning on the date of delivery of the Bonds) an amount that is at least equal to 90 percent of the "Excess Earnings," within the meaning of section 148(f) of the Code and to pay to the United States of America, not later than 60 days after the Bonds have been paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings under section 148(f) of the Code; and (g) to maintain such records as will enable Lubbock to fulfill its responsibilities under this section and section 148 of the Code and to retain such records for a least six years following the final payment of principal and interest on the Bonds. 3. It is the understanding of the Authority and Lubbock that the covenants contained herein are intended to assure compliance with the Code and any regulations or ruling promulgated by the U.S. Department of the Treasury pursuant thereto. In the event that regulations or ruling are hereafter promulgated which modify, or expand provisions of the Code, as applicable to the Bonds, Lubbock will not be required to comply with any covenant contained herein to the extent that such failure to comply, in the opinion of nationally -recognized bond counsel, will not adversely affect the exemption from federal income taxation of interest on the Bonds under section 103 of the Code. In the event that regulations or ruling January 24, 1991 Page 73 are hereafter promulgated which impose additional requirements which are applicable to the Bonds, Lubbock agrees to comply with the additional requirements to the extent necessary, in the opinion of nationally - recognized bond counsel, to preserve the exemption from federal income taxation of interest of the Bonds under section 103 of the Code. Dated as of January 21, 1991. (SEAL) Attest: (SEAL) BRAZOS RIVER AUTHORITY /s/ Carson Hoge Secretary Carson Hoge, General Manager Attest: LsL Ranette Boyd City Secretary 91-50A-73-52 CITY OF LUBBOCK, TEXAS L/ B. C. McMinn B. C. McMinn, Mayor This Resolution was requested by the Bond Attorneys for the Brazos River Authority. It gives assurance to the bondholders and the Brazos River Authority that the City of Lubbock will not take action related to the use of the proceeds from the Bond Sale for the Lake Alan Henry Project or from the use of the water to be produced by the project, which might jeopardize the tax exempt status of the bonds. Staff recommended approval. Motion was made by Councilwoman Trejo, seconded by Mayor Pro Tem Patterson to authorize Resolution #3533 as recommended by Staff. Motion carried: 7 Yeas; 0 Hays. (24.) BID #11098--Valves and fittings Central Warehouse). Clowe & Cowan--1 ea. 6" cast iron plug; 25 ea. 1/2" STD brass gate valve; 20 ea. 1" STD brass gate valve; 25 ea. 2" STD brass gate valve; 3 ea. 3" M.J. & flanged gate valve. Western Industrial Supply--2 ea. 4" 22-1/2 deg. cast iron water main bend; 8 ea. 8" 90 deg. flange bend; 12 ea. 6" 90 deg. cast iron water main bend; 1 ea. 4" 90 deg. cast iron water main bend-MJ; 4 ea. 4"X1.8" offset meth. joint; 1 ea. 8"X4" cross; 1 ea. 10"X6" M.J. reducer; 1 ea. 6"X3" M.J. reducer; 3 ea. 614" cast iron water main reducer; 1 ea. 4"X4" tapping sleeve; 8 ea. 6"X4" M.J. tapping sleeve; 1 ea. 6"X6" M.J. tapping sleeve; 1 ea. 8"X4" M.J. tap sleeve; I ea. 10"X6" M.J. tape sleeve; 3 ea. 8"X4" M.J. tap sleeve, asbestos cement; 4 ea. 1016" M.J. tap sleeve, asbestos cement; 4 ea. 10"X6" M.J. tap sleeve asbestos cement; 1 ea. 10"X8" M.J. tap sleeve, asbestos cement; 4 ea. 4"X8" PVC sewer; 9 ea. 4" M.J.X2" tapped tee cast iron; 9 ea. 3"X2" M.J. tapped tee cast iron. January 24, 1991 Page 74 Rohan Co., Waco--50 ea. 4" flexible saddle tee; 30 ea. 4" flexible saddle wye; 20 ea. 6" flexible saddle tee; 20 ea. 6" flexible saddle wye; 20 ea. 4" flexible saddle blanket; 40 ea. 4" E-7 F1 1004; 1 ea. 12X4" M.J. tap cross; 50 ea. 3/4" curb stop; 100 ea. 3/4" 90DEG carp stop; 3 ea. 6" swing check valve FE; 1 ea. 10" flange to flange horiz. check valve; 1 ea. 10" flange to flange horiz. check valve; 8 ea. 6" RS gate valve flanged end; 4 ea. 6" M7H check valve style flanged end. A&P Water & Sewer Supplies, Odessa--100 ea. 1" 90 deg. corp stop; 25.ea. value box lid; 3 ea. 8" M.J. to flange end gate valve; 20 ea. 4"X4" M.J. tapping valve w/gaskets $ bolting DO OR RS. Morrison Supply Co.--1 ea. 8"X4" flange reducer. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Phillips to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Mays. 91-50A-74-53 (25.) BID #11070--Traffi6 Signal Controller (Traffic Engineering). 91-50A-74-54 (26.) Traffic Engineering & Controls, Huntsville--1 ea. Caltrans Type 170 Traffic Signal Controller. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Phillips to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. RESOLUTION #3534 BE FT 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 Knox, Galley & Meador for sidewalks for Arnett Benson/Chatman Hill Additions, 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. January 24, 1991 Page 75 Passed by the City Council this 24th day of January, 1991. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Gene Eads Gene Eads, Purchasing Manager APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK /s/ B. C. McMinn B. C. McMINN, MAYOR THIS AGREEMENT, made and entered into this 24th day of January, 1991 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 Knox, Gailey & Meador 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: BIO NO. 11034 -- Sidewalks for Arnett Benson/Chatman Hill Additions in the amount of $33,949.50. 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. January 24, 1991 Page 16 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 L{1BBOCK, TEXAS (OWNER) Is1 Ranette Boyd Secretary APPROVED AS TO CONTENT: Isl Sandy Ogletree ATTEST: Secretary ZsZ B. C. McMinn Mayor APPROVED AS TO FORM: Is/ Donald G. Vandiver Knox, Gailey R Meador CONTRACTOR By: 1s1 Don Meador TITLE: Secretary/Treasurer COMPLETE ADDRESS: P.O. Box 5736, Lubbock, TX 79417 Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Phillips to authorize Resolution #3534 as recommended by Staff. Motion carried: 1 Yeas; 0 Hays. 91-50A-16-55 (27.) BID #I1102--Concert Staging (Civic Center). Wenger Corporation, Owatonna, MN. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Phillips to authorize low bid meeting specifications. Motion carried: 1 Yeas; 0 Nays. 91-50A-76-56 (28.) BID #11014--Center Pivot Irrigation System, and authorize same (Land ARplication Site). RESOLUTION #3535 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 Massey Irrigation & Liquidation, Inc. for Center Pivot Irrigation System at land application site, 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. January 24, 1991 Page 11 Passed by the City Council this 24th day of January, 1991. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary [:1'l' R611J91T:NVte1K1►1147F /s/ Gene Eads Gene Eads, Purchasing Manager APPROVED AS TO FORM: /s/ Harold Dillard Harold Willard, Assistant City Attorney CONTRACT STATE OF TEXAS COUNTY or LUBBOCK fsf B. C.McMinn B. C. McMINN, MAYOR THIS AGREEMENT, made and entered into this 24th day of January, 1991 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 Massey Irrigation & Liquidation, Inc. of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 11074--Center Pivot irrigation System in the amount of $244,486.00. 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. January 24, 1991 Page 78 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] Zs/ Ranette Boyd Secretary APPROVED AS TO CDNTENT: IsZ John Hindman Is1 B. C. McMinn Mayor APPROVED AS TO FORM: IsZ Donald G. Vandiver ATTEST: MasseyIrrigation & Liquidation Zsl La Ree Massey CONTRACTOR Secretary By: /sJ Alan D. Massey TITLE: President COMPLETE ADDRESS: Rt. 16, Box 965, Lubbock, Texas 79403 91-50A-78-5ir (29.) 9I-50A-78-58 (30.) Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Phillips to authorize Resolution #3535 as recommended by Staff. Motion carried: 7 Yeas; 0 Hays. BID #11115--Plastic pipe (Central Warehouse) Western Industrial--2,400' 24" 100 PSI SDR 41 PIP gasket joint pipe; 1,400' 15" 5DR 41 pipe; 9,500' 10" 5DR 41 pipe. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Phillips to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Hays. BID #11049--Land Agglication Office additions, and authorize same(Building Services). RESOLUTION #3536 BE 1T 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 Danny Klein Construction for Land Application Office Additions at land application site, 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. January 24, 1991 Page 79 Passed by the City Council this 24th day of January, 1991. ATTEST: Is/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is/ Gene Eads Gene Eads, Purchasing Manager APPROVED AS TO FORM: s Harold Willard Harold Willard, Assistant City Attorney CONTRACT STATE OF TEXAS :�It1L'Yfi'�I��1:1�1tI+l 1 Is/ B. C. McMinn B. C. MCMINN, MAYOR THIS AGREEMENT, made and entered into this 24th day of January, 1991 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 Danny Klein Construction of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 11049--Office Additions at Land Application Site in the amount of $53,250.00. 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. January 24, 1991 Page 80 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) js/ Ranette Boyd s B. C. McMinn Secretary Mayor APPROVED AS TO CONTENT: APPROVED AS TO FORM: Ise Donald G. Vandiver ATTEST: Danny Klein Construction CONTRACTOR Secretary By: TITLE: COMPLETE ADDRESS: Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Phillips to authorize Resolution #3535 as recommended by Staff. Motion carried: 7 Yeas; 0 Hays. 91-50A-80-59 (31.) B10_#11052--Septic tank installation,. --and authorize same (Parks and Recreation)._ RESOLUTION #3537 BE IT R17SOLVED 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 Eagle Building & Development, Inc. for Septic Tank Installation at various parks, 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 24th day of January, 1991. Zs/ 8. C. McMinn B. C. McM1NN, MAYOR ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Gene Eads Gene Eads, Purchasing Manager APPROVED AS TO FORM: s Harold Willard Harold Willard, Assistant City Attorney CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK January 24, 1991 Page 81 THIS AGREEMENT, made and entered into this 24th day of January, 1991 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 Eagle Building & Development, Inc. of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTDR. 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. 11052--Septic Tank Installation at various parks in the amount of $.17,982.00. and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: CITY OF LUBBOCK, TEXAS (OWNER) s Ranette Boyd Secretary APPROVED AS TO CONTENT: ATTEST: Secretary /s/ B. C. McMinn Mayor APPROVED AS TO FORM: Zsl Donald G. Vandiver Eagle Building & Development CONTRACTOR By: TITLE: COMPLETE: ADDRESS: Rt. 7, Box 247-8, Lubbock, TX 79401 Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Phillips to authorize Resolution #3537 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. January 24, 1991 Page 82 91-50A-82-60 (32.) BID #11046--Pesticides (Parks and Recreation]. Sports Turf Supply, Grand Prairie--50 gl. MSMA+Surfactant; 30 lb. Sencor. Van Waters & Rogers, Odessa --I ea. Expedite Herbicide 5 liter container; 3 ea. Acme Spred-Rite G granular material applicator; 20 ea. Fumitoxin Pellets, flask of 1660 pellets; 4 gl. Bensumec 4 LF; 10 lb. Avitrol 200; 1 cs. Talon-G. Chemical Turf & Specialty Co., Dallas--5 gl. Triumph; 80 gl. Promesol. Lesco Products, Rocky River, OH--20 91. Surflan 4 AS; 75 gl. Trimec; 8 gl. Trimec Bentgrass Formula; 20 gl. 8anvel; 1 gl. Image 1.5 LC; I gl. Mavrick Aquaflow; 25 91. 81azon Blue turf colorant; 20 lb, Turcam WP; 33 lb. Bayleton 25; 50 lb. Rubigan 50W; 144 lb. fare. Great Plains Chemical --I ea. Expedite Cleaner, 5 liter container; 1 ea. Expedite Pesticide Application Lance; 10 ea. Tempo 2, 500 MI container; 40 gl. Phytar 560; 30 gl. Rodeo; 10 gl. Campaign; 40 gl. Diquat-H/A; 30 gl. Arsenal; 20 gl. Cythion; 250 91. Dormant Oil; 1 gl. Pentac Aquaflow; 5 gl. Lindane; 4 91. Banner; 20 gl. Spray -Aide; 240 lb. Turcam 2.5g; 25 lb. Orthene 75S; 90 lb. Gopher Bait. Esco Distributors--25 gl. Hyvar XL; 1,000 lb. Dyclomec 4g; 150 lb. Oftanol 5g; 200 lb. Dy-Syston 159; 200 lb. Furadan 10g; 500 lb. Amdro; 24 lb. Daconil 2787. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Phillips to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 91-50A-82-61 (33.) BID #11104--Irrigation supplies Parks and RecreationL. Big Country Waterworks Supply, Inc., Early--18 ea. 6" SCH 80 Van Stone Flanges. Brooks Products, Arlington--35 ea. concrete MTR vault 4161"X6'X5'; 10 ea. concrete MTR vault 416"X61X41. O'Tool Plastic Pipe Co.--10 ea. plastic valve box 15- 3/4"X25 1/4"; 2 ea. 8" bottom extension for above box; 27 ea. plastic valve box 19-1/2"X32 7/8"; 20 ea. 8" bottom extension for above box. Western Industrial--3 ea. 1R double check valve assembly; 9 ea. 2" double check valve assembly; 3 ea. 3" double check valve assembly; 26 ea. 4" double check valve assembly; 9 ea. 6" double check valve assembly. Fields & Co.--16 ea. 3" SCH 80 Van Stone flanges; 40 ea. 4" SCH 80 Van Stone flanges. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Phillips to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. January 24, 1991 Page 83 91-50A-83-62 (34.) BID #11009--water treatment chemicals, annual pricing (WaterTreatment). Van waters & Rogers, Odessa--15 tn. Potassium Aermangenate (bulk shipments). Russ Chemical, Odessa--600 tn. liquid Aluminum Sulfate. DPC Industries, Sweetwater--179 ea. liquid Chlorine, 1 ton cylinders; 80 ea. liquid Chlorine, 150 lb. cylinders; 100 tn. Ferric Sulfate (Solid). Harcros Chemicals, Dallas--162 tn. Activated Carbon; 82 tn. Anhydrous Ammonia. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Phillips to authorize low bids meeting specifications. Motion carried; 7 Yeas; 0 Nays. 91-50A-83-63 (35.) M-#11097--Couplings and clamps (Central Warehousel. Clowe & Cowan--50 ea. 3/8" cable clamp; 150 ea. 1" PVC elbow TWT; 300 ea. 3/4" x close PVC nipple SCH 80; 50 ea. 1" PVC plug; 15 ea. 4" PVC compression coupling; 100 ea. 3/4"X5" brass coupling for Type K copper pipe; 25 ea. 1-1/2" 90D gale elbow; 25 ea. 3/4" galy ground joint union; 6 ea. 3" CI companion flange treaded for steel. Western Industrial--100 ea. 1"X3-1/2" PVC nipple; 20 ea. 3"X7-1/2" repair clamp full circle; 12 ea. 6"X10" repair clamp full circle; 12 ea. 6"X10" repair clamp full circle; 3 ea. 12"X15" repair clamp full circle; 50 ea. 3"X3/4" CC service clamp; 12 ea. 8"X2" service saddle; 8 ea. 10"X2" NPT service saddle; 6 ea. 12"X2" service saddle; 10 ea. 3"X2" IR thread service saddle; 60 ea. 8"X1" service saddle; 15 ea. 1-1/4" flex coupling; 30 ea. 2-1/4" flexible coupling; 8 ea. 3"X2" reducer coupling; 10 ea. 6" RT dresser coupling; 30 ea. 3/4" rubber gasket; 20 ea. 2-1/2" X 3/4" service clamp; 1 ea. 12"X20" repair clamp full circle double band; 3 ea. 6" dresser coupling for steel pipe 6.625" OD; 240 ea. 4"X3/4" DBL strap service clamp; 50 ea. 6x4" SDR 35 PVC tee; 4 ea. 3"X4" reducer coupling for AC. Moore Supply--150 ea. 3/4"X4" PVC nipple; 100 ea. 1"X6" PVC nipple; 50 ea. 2"X3" repair clamp; 45 ea. 6" CI dresser coupling;25 ea. 3/4" 90 deg brass elbow; 30 ea. 2" 90 deg brass elbow; 2 ea. Muellar Upper Stem; 600 ea. 3/4" meter coupling; 25 ea. 3/4"X4" brass nipple; 24 ea. 1"X6" brass nipple; 20 ea. 1/2" brass screw plug; 25 ea. 3/4" brass screw plug; 25 ea. 1" brass screw plug; 15 ea. 1-1/2" brass plug; 25 ea. 3/4" brass tee; 20 ea. 2"X3"" brass nipple; 25 ea. 1/2" brass tee. Nelson, Andrews--2 ea. 16"X2" IPT service saddle; 10 ea. 3" MT flexible coupling; 10 ea. 3" RT flexible coupling. Big Country, Early--100 ea. 2" dresser coupling. January 24, 1991 Page 84 Fields & Co.--20 ea. 2" PVC expansion coupling; 25 ea, 1-1/4" PVC expansion coupling; 20 ea. 3"X2" PVC reducer SXS; THE FOLLOWING TIE BIDS (SPEC. ITEMS 39 & 42) AWARDED: 50 ea. 3/8" x close gale nipple; 50 ea. 1-1/4"X6" galy nipple. Rohan Co., Waco--30 ea. 4" PVC SDR 35 plug for sewer pipe; 75 ea. 4" SDR-35 PVC cap; 36 ea. 3" restraining gland. Motion was made by Mayor Pro Tern Patterson, seconded by Councilman Phillips to authorize law bids meeting specifications, and in a drawing, awarded tie bid items (39 and 42)--50 ea. 3/8" x close galv nipple; 50 ea. I-I/4"X6" gale nipple) --to Fields & Co, Motion carried: T Yeas; 0 Nays. 91-50A-84-64 (36.) BID #11068—Cooling and Boiling water Treatment (Electric -Production). W.R. Grace Co. Dearborn Division, Richardson --I lt. coaling/boiler water treatment. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Phillips to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 91-50A-84-65 (37.) BID #11093--Pipe, tubing -and fittings (Central Warehouse). Watermaster Irrigation--100 ea. 3/4" PVC male adapter TXT. Harrison Supply--40 ea. toilet repair kit; 50 ea. urinal repair kit; 3 ea. 8" adapter/sewer pipe clay to PVC/Cl. Oberkampf of Lubbock--6 ea. 3 gal. pump hand sprayer. Fields & Co.--40 ea. 1/2 hose bibb compression faucet; 30 ea. 3/4 hose bibb compression faucet; 80 ea. pipe adapter, 4", clay -PVC; 400 ea. 2"X10'1/2" gal. pipe, 1-end threaded; 2,400' 3/4" Type K capper service pipe; 2,040' 1" Type K copper service pipe; 400' 2" Type K capper pipe. Clowe & Cowan--15 ea. plunger plumber helper; 20 ea. 4" manhole adjustment ring. Moore Supply-40 ea, washer weatherproof Felt No. 43 for MH hydrant; 15 ea. Nut XN short for tap stern for 5-1/4" Iowa hydrant; 50 ea. No. 46 bolt & nut for M^H breakable coupling; 1 ea. hose nozzle; 30 ea. No. 24 Iowa coupling & pin old style; 12 ea. darling hydrant drain lever bronz; 1,000' 4" ductile iron Class 150 pipe. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Phillips to authorize law bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. January 24, 1991 Page 85 91-50A-85-66 (38.) BID #11073--Vertical turbine pumps (Water Utilities). American Turbine Pump--3 ea. vertical turbine pumps. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Phillips to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 91-50A-85-67 (39.) BID 411017--Repair side loading containers (Solid Waste). Caprock Welding R Supply--10 ea. complete reconditioning, 3-cy side loading container; 1,800 ea. replace bottom or sides, straighten, lids, add bumper; 400 ea. replace one metal 22"X30" lid; 800 ea. replace one plastic 22"X30" lid; 10 ea. replace one metal 23"X60" lid; 200 ea. replace one plastic 23"X60" lid; 10 ea. replace complete 3-part lid metal; 180 ea. replace complete 3-part lid plastic; 2,912 ea. clean and paint. (40.) to: 91-50A-85-611 Board of Electrical Examiners Permit and License Appeal Board (41.) Consider one appointment to the Board of Electrical Examiners. Barry Brown has declined his appointment. Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Patterson to appoint Mark Copeland to replace Barry Brown on the Board of Electrical Examiners. Motion carried: 7 Yeas; 0 Nays. 91-50A-85-69 (42.) Appeal Board to fill the unexpired term of Tom Ingram. Mr. In ram's term was due to expire on April 27 1992. Motion was made by Councilman Phillips, seconded by Councilman Aderton to appoint Chuck Key to fill the unexpired term of Tom Ingram on the Permit and License Appeal Board. Motion carried: 7 Yeas; 0 Nays. January 24, 1991 Page 86 There being no further business to come before Council, motion was made by Mayor Pro Tem Patterson, seconded by Councilman Phillips to adjourn the meeting at 12:36 p.m. Motion carried: 7 Yeas; 0 Mays. s B. C. McMINN, MAYOR ATTEST: Ranet4te Boyd, City Secrettry READ AND APPROVED THIS 14TH DAY OF FEBRUARY, 1991. B. C. McMINN, MAYOR ATTEST: Ranett a Boyd, City Secretly ISGTI�E f I IC'MEAoRIK& NMICE Ts tmew *I"fhaf the city Ceuot" will mold + PublIc Near1NB.ell iiktisdfllr24 1191, artia:ae.A.+w., Ilr..t ie COV R - 6 7 9 gounGt Chambers. IM r* Sfselt. fg. bocx, Texas, to comidsr+pr t',�`EXAS rYcornmendatlana by the Pisani and 7.onitw Commission that xerri BOCK Ing be Changed on certain Proper❑ ties in Lubbock, Texas. Ali lately a H e n r y n}ad persons may speak. then,na• �a Notary Public in and for Lubbock County, Texas on this day eih Cauncll welt ad on such rec.� . J. A u f 19 o,nlrletldatiWn. Th! tDtlawing loll; ACC 0 U n t n a 8 t^ of the Southwestern Newspa- CBS"will °eheard. publishers of the Lubbock Avalanche -Journal - Morning, and Sunday, who being by me duly ZONE CASE Alm,rra °ifw�Pbind say that said newspaper has been published continuously for more than fifty-two weeks pri- Emanuel A16} ter zoning change Lion of this {rem Ml fo A-7 [limited to church and church related uses) on Lot 1-A and a portion of Lot 3-A. Bloc* t. - - ---No. — at Lubbock County, Texas and the attached print- 9 a iEstates (42a1 Arlmte and a I n at i 2 is a true copy of the original and was printed in the Lubbock ZONE CASE NO M3-. Revues) of Ion the following �t!s Or Pat M Allen for zoning change i w a .50 �C: from C•7 to C-3 Specific Use if" a yeterlt�ary CIlnlc) on Lets 11 and lz'"%'I t t7g, ovartonAdditiorl [7Q1 University). ZONE CASE NO. M-N: Rflvuest of First Harttord Realty CarWa- non for inning change rro" CA to C-z specific Use (for an Atrtomo• bile Brake Shop) on a tract out of Lot 1-A, 8iock 1. Purr -Wolf Addi- Halt (4417 S. Long 259). LANE CAS! NO.:W: Request of Walter L. Denier for zoning Chance from T to R-1 Specific Use (for a golf coursel on a tract out of the southeast % of Section 1S. Block E- 2 (soulh of llath Street and west of Indiana Avenue). R•d79 F0RM 58.1(1 NOTARY PUB in an or the Slate of Texas My Oommissio xpir FICHE -JOURNAL TON A HENRY paper Corporation Notary Public STATE OF TEXAS MY COMM Exp My 19 19% rn to before me this 9 _day of January SECOND READING ORDINANCES I ORDINANCE 04M 1 AN ORDINANCE CANCELING AUT ORITY AND APPROVAL FOR A TRAFFIC SIGNAL AT 19TH STREET AND THE SOUTH §11) G OF AVENUE U AND AU- 4 ORIZING THE REMOVAL OF 1 TRAFFIC SIGNAL AS AN i ERATIVE TRAFFIC SIONA1. 1, t ORDINANCE OW i AND $NCE AUTHORIIING A NE ]1RAFFIC SIGNAL AT 19TH STREET AND THE NORTH LEG OF AVENUE U; AND PRO. I VIDING FOR PUBLICATION. + ORDINANCE 094M ! AN ORDINANCE AMENOING1 ' ZONING ORDINA"CE NO. 7p$.i I AND THE OFFICIAL MAp OF THE CITY OF LUBBOCK MAK- ING THE FOLLOWING. CHANGES: ZONE CASE NO.2M 1 j A: A ZONING CHANGE FROM G3 1 To C-3 SPECIFIC USE PERMIT TO DELETE ALL PRIOR CONDI- TIONS OF ORDINANCES 2183, 921$. 2SU AND 5217 TO ALLOW FOR REDEVELOPMENT OF THE PROPERTY ON TRACT A. SAVE AND EXCEPT THE NORTHEAST SW X SDO' TRACT, MONTEREY CENTER ADDI- TION, LUBBOCK, TEXAS; SUB• JECTTOCONOITIONS. PROVID- ING A PENALTY: PROVIDING A SAVINGS CLAUSE AND PROV 10. ING FOR PUBLICATICIM CEXAS ;BOCK onya Henry R-694 Notary Public in and for Lubbock County, Texas on this day Lunt Manager of the Southwestern Newspa- publishers of the Lubbock Avalanche -Journal - Morning, and Sunday, who being by me duly ind say that said newspaper has been published continuously for more than fifty-two weeks pri- •tion of this b t i r e egal notiee on the full jig 8 tes Subscribed and sworn to FOR11 Ili -ill 0.798139 at Lubbock County, Texas and the attached print - is a true copy of the original and was printed in the Lubbock Jan. 269 Feb. 2P 1 NOTARY PUBLI i and fo1 tie' It;[epiTjsx My Commission ires.....1......... 1-JOURNAL • Corporation�g?`.�t TONV HENRY j r" STATE � rI= TEXAS before me this day of Fe b r u a r y3. `r` t ` hi1c r, u ,. ,