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 ,. ,