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HomeMy WebLinkAboutMinutes - City Council - Regular - 3/28/1991CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING MARCH 28, 1991 10:00 A.M. The City Council ❑f the City of Lubbock, Texas met in regular session on the 28th day of March, 1991 in the City Council Chambers, first floor, City Hall, 1025 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, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr., and City Secretary Ranette Boyd. Absent: Councilman M. J. Aderton. Mayor McMinn called the meeting to order at 10:00 A.M. { 1.� The Invocation was given by Dan Hawkins, Director of Water Utilities. { 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. [ 3.y Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Maloy to approve the Minutes of the March 14, 1991 Regular City Council meeting as written. Motion carried: 6 Yeas; 0 Nays. ( 4.) Board Appointments 91-50A-.187-167 (12.) March 28, 1991 Page 188 RESOLUTION #3575 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 Street Use License in favor of Lynn Cook d/b/a Lynn Cook Bail Bond for a canopy above a portion of Avenue H, 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 28th day of March, 1991. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST:' s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: BEd BucvI Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: LsLJ. Worth Fullingim J. Worth Fu'ilingim, Assistant City Attorney STREET USE LICENSE THE STATE OF TEXAS § COUNTY OF LUBBOCK § This indenture made this 28th day of March, 1991, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and LYNN COOK d/b/a LYNN COOK BAIL BOND, Lubbock County, Texas, hereinafter called "LICENSEE." WITNESSETH: Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license to use portions of dedicated street to construct and maintain a canopy above a portion of Avenue H and being described as follows: BEGINNING at the Northeast corner of Lot 16, Block 182, Original Town Addition to the City of Lubbock, Lubbock County, Texas; THENCE East a distance of 3.00 feet to a point; THENCE South a distance of 26.00 feet to a point; THENCE West a distance of 3.00 feet to a point; THENCE North a distance of 26.00 feet to the POINT OF BEGINNING. CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING MARCH 28, 1991 10:00 A.M. The City Council ❑f the City ❑f Lubbock, Texas met in regular session ❑n the 28th day of March, 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 Moan Baker, Councilwoman Maggie Trejo, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr., and City Secretary Ranette Boyd. Absent: Councilman M. J. Aderton. Mayor McMinn called the meeting to order at 10:00 A.M. 1.) The Invocation was given by Dan Hawkins, Director of Water Utilities. 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 Maloy to approve the Minutes ❑f the March 14, 1991 Regular City Council meeting as written. Motion carried: 6 Yeas; 0 Nays. ( 4.) Board Appointments 91-50A••187-167 (12.) March 28, 1991 Page 189 The term of this grant shall be for five (5) years from date hereof, and shall be automatically extended for successive five (5) year terms not to exceed twenty (20) years in any event unless either party shall give written notice of termination to the other party sixty (60) days before the expiration of the first, second or third five (5) year term, as the case may be, and the CITY OF LUBBOCK retains the right at its election to cancel and revoke this license, with or without cause, upon thirty (30) days notice to LICENSEE. Said notice shall be deemed properly served if deposited in the post office, postage paid, addressed to LICENSEE at 1510 Avenue H, Lubbock, Texas, 79401, or the last known address of LICENSEE. Upon the expiration or cancellation and revocation of this license by the CITY OF LUBBOCK, or the abandonment of this license by the LICENSEE, the improvements that are permitted under this license shall be removed by the LICENSEE and the property shall be restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or refuses to remove such improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall take possession and remove or cause to be removed such improvements, and the expense incurred shall be assessed against LICENSEE, for which LICENSEE shall be liable. 1. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for such grant the sum of TWO HUNDRED FIFTY AND N0/100 DOLLARS ($250.00) cash in advance contemporaneously with the acceptance and execution hereof by LICENSEE for the first five (5) year term of this license, and thereafter such rate of compensation may be changed for each succeeding five (5) year term by the CITY OF LUBBOCK to a rate of compensation which is based on procedures and policies as established by the City Council of the CITY OF LUBBOCK based on an appraisal of the fair market value of such land by the Right -of -Way Department of the CITY OF LUBBOCK as applied to the formula for determining such rate established by the City Council. If such rate is not changed by the CITY OF LUBBOCK, the rate for the preceding five (5) year term shall apply. The CITY OF LUBBOCK shall notify the LICENSEE of any change in rates in writing ninety (90) days before the start of the five (5) year term to which such change in rate shall apply, and if such notification be not timely made then the rate for the preceding five (5) year term shall apply. 2. The LICENSEE agrees to pay all costs arising out of the exercise of this license herein granted including, but not limited to, the replacement and repair of paving, sidewalks and utilities of any nature damaged as a result of the construction authorized by the license. 3. In the event the CITY OF LUBBOCK determines that the license herein granted interferes with or causes the rerouting or realignment of any public !utility, franchised utility or sanitary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK or franchised utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK or such utility, as the case may be, for its expense in relocating or rerouting over and above the expense which would have been incurred except for LICENSEE use herein. 4. This license is not transferable by the LICENSEE or either LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 5. This license is made subject to the condition that should the LICENSEE exercise any right under this license and prepare or begin or complete any part of the construction as herein contemplated across any or all of the above described property, then and in that event said LICENSEE, her heirs, successors and assigns will at all times defend, indemnify and otherwise hold the CITY OF LUBBOCK, its agents, servants and employees harmless from any and all claims, demands, actions, causes of actiion, suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this license or the construction or maintenance use permitted herein. The CITY OF LUBBOCK, at its option, may require an agreement with any contractors hired by March 28, 1991 Page 190 LICENSEE to perform the construction, repair or maintenance permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractors. The CITY OF LUBBOCK may further require any of said contractors, when engaged in the construction, repair or maintenance permitted herein, to furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond, in an amount and in a form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and conditions contained in said agreement, and a certified copy of a policy of public liability insurance assumed by said contractors in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to incurring any costs or expenses or the payment of any such claims or demands in order to give LICENSEE a reasonable opportunity to settle or adjust the same. 6. LICENSEE agrees and is required to furnish a policy of public liability and property damage insurance within limits specified by and in a form satisfactory to the City Attorney for the CITY OF LUBBOCK, and which names the CITY OF LUBBOCK as the insured, said policy covering the uses herein granted. 7. All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the heirs, successors, legal representatives, assigns and the duly authorized agents and contractors of the parties hereto to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the LICENSEE, her heirs, successors or assigns shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance, except as specified in numbered paragraph four (4). March 28, 1991 Page 191 8. LICENSEE, by the acceptance of the uses permitted herein, understand and agree that no interest, title or rights of possession are intended or implied except those expressly set forth herein, and LICENSEE waives any and all claims in and to the public way they are permitted to use hereby and agree to give peaceful possession of said property covered herein upon termination or cancellation of this license. CITY OF LUBBOCK BY: Is1 B. C. McMinn B. C. McMINN, MAYOR ATTEST: s Rarette Boyd Ranette Boyd, City Secretary AGREED TO AND ACCEPTED this 28th day of March, 1991. LICENSEE: LYNN COOK APPROVED AS TO CONTENT: s Ed Buc�t Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: Is1 J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK § 13EFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared B. C. McMINN, MAYOR, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed and in the capacity therein stated. 1991. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 28th day of March, Is/ -Olivia Solis Notary Public in and for the State of Texas March 28, 1991 Page 192 THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared LYNN COOK, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY BAND AND SEAL OF OFFICE this day of 1991. 91-50A-192-168 (13.) Notary public in and for the State of Texas This Street Use License is for a 3' canopy which will encroach upon street right-of-way at 1510 Avenue H. The area is 3' east -to -west by 26' north - to -south, a total aerial encroachment of 78 square feet. The term of this License will be for 20 years, and the fee will be $50 per year; the $150 application fee has been paid by proponent Lynn Cook. Staff recommended approval of this License. Motion was made by Councilwoman Trejo, seconded by Mayor pro Tem Patterson to authorize Resolution #3575 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. Consider Ordinance #9422 amending Ordinance #9360 to ORDINANCE #9422 AN ORDINANCE AMENDING A CALL IN A LEGAL DESCRIPTION OF A STORM WATER STORAGE AND DRAINAGE EASEMENT LOCATED IN SECTION 11, BLOCK E-2, LUBBOCK COUNTY, TEXAS; ABANDONED AND CLOSED BY ORDINANCE NO. 9360; AND PROVIDING FOR PUBLICATION. On June 17, 1990, Ordinance 9360 was passed abandoning and closing a Storm Water Storage and Drainage Easement located in Section 11, Block E-2 (King's Gate North Shopping Center). This action will correct an error to the legal description where the bearing call reads N 00°59'40" E. The correct legal description is N 89°59'40" E and staff recommended approval. Motion was made by Councilman Phillips, seconded by Councilwoman Trejo to pass on first reading Ordinance #9422 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 91-5CIA-192-169 (14.) Consider Resolution #3576 authorizing the Right -Of - Way Department t❑ make an offer to Robert Lenard Fusco and wife Joyce Marie Fusco for Lot 95 Block 34 Myrtle Slaton Addition #5 3401 48th Street). March 28, 1991 Page 193 RESOLUTION 03576 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for the widening of Indiana Avenue, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described tract of land located in Lubbock County, Texas be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to - wit: Lot Ninety -Five (95), Block Thirty -Four (34), Myrtle Slaton Addition 05, an addition to the City of Lubbock County, Texas. SECTION 2. THAT the owners of said tracts, including Robert Lenard Fusco, and his wife, Joyce Marie Fusco, BE offered through the Right -Of -Way Department of the City of Lubbock the amount of $57,007.74, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described, for the use and benefit of the City of Lubbock, Texas, for the purposes herein staged, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 28th day of March, 1991. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /sZ Rariette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /sZ Ed Bucv Ed Bucy, Right -Of -Way Agent APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney This house and lot are being acquired for the widening of Indiana Avenue between 34th Street and 50th Street. This property is at the southwest corner of 48th Street and Indiana Avenue (3401 48th). The Fuscos loan payoff of $57,007.74, and the Appraisal District has this home valued at around $38,000. March 28, 1991 Page 194 The last two houses which the City purchased on Indiana Avenue were appraised at about $25 per square foot, and that rate for 2,250 square feet is $58,760, about $1,750 more than the loan payoff. The Fuscos will lease the mouse from the City until they relocate or until the widening project begins, and will then pay their own relocation expenses. This is the only house to be for sale in more than a year. There is sufficient bond money for the purchase. Originally, 26 houses and one business part -taking (Lena Stephens) were to be acquired for the widening of Indiana, and with the purchase of this mouse, eight houses and the business part - taking will remain. Staff recommended approval of the $57,007.74 offer. Motion was made by Councilman Phillips, seconded by Councilman Maloy to authorize Resolution #3576 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. 91-50A-194-170 (15.) Consider Resolution #3577 authorizing the Right -Of - RESOLUTION #3577 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for the widening of East Baylor Street;, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK- SECTION I. THAT the fee simple title to the following described tract of land located in Lubbock County, Texas be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to - wit: BEGINNING at a point which is 1995 feet South and 312 feet West of the Northeast Corner of Survey 3, Block A, Lubbock County, Texas; said point being the Southwest Corner of Lot 4E, Sisk Addition, Lubbock County, Texas; THENCE South 21.67 feet to a point; THENCE West 200 feet at a point; THENCE North 21.67 feet to a point, said point being the Southeast Corner of Lot 8, Block 3, Burleson & Osborn 2nd Addition to the City of Lubbock; THENCE East 200 feet to the POINT OF BEGINNING. CONTAINS: 4,334 square feet. March 28, 1991 Page 195 SECTION 2. THAT the owner of said tracts, including Bobby Dan Allen, BE offered through the Right -Of -Way Department of the City of Lubbock the amount of $50.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings, to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 28th day of March, 1991. s B. C. McMinn B. C. McMINN, MAYOR ATTEST: LLRanette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: L,LEd Buc ! Ed Bucy, Right -Of -Way Agent APPROVED AS TO FORM: LLa. Worth Fullingim J. Werth Fullingim, Assistant City Attorney This 21.67' by 200' tract of land at 4005 East Baylor in the Chapel Hill area is needed for the widening of East Baylor. East Baylor is to be paved, curbed, and guttered with Community Development funds, and this is the only unplatted tract on East Baylor the City needs to acquire for the widening. This taking was appraised at $50 by Shaw Wofford, S.R.A, but Bobby Dan Allen, owner of this vacant residential lot, has refused this offer. He originally asked for $900; Staff countered with $300 to avoid court costs; Mr Allen then offered $600. The entire lot before taking was appraised at $500, therefore, the City's offer to Mr. Allen will be $50. The last time streets in this area were widened, all of the right-of-way was dedicated free in exchange for the widening. Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Baker to authorize Resolution #3577 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 91-50A-195-171 Consider Resolution #3578 authorizing the Mayor to sign an Agreement with Bob Jordan Amusement Company, Inc... for additional coin -op ,a�peration. March 28, 1991 Page 196 RESOLUTION #3578 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 Concession Agreement with Bob Jordan Amusement Company, Inc, for a game machine concession at the Lubbock International Airport, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 28th day of March, 1991. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: IsZ 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 § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § CONCESSION AGREEMENT This Agreement entered into by the City of Lubbock (referred to herein as City), a Home Rule Municipality of Lubbock County, Texas, and Bob Jordan Amusement Co., Inc., 3512 Avenue Q, Lubbock, Texas 79412 (referred Ito herein as Concessionaire). WITNESSETH: 'Whereas, City owns, controls and operates the Lubbock International Airport (referred to herein as Airport), situated at Route 3, Lubbock, Texas, and has authority to grant certain rights and privileges with respect thereto, including those hereinafter set forth; and Whereas, City desires to enter into a game machine concession agreement with Concessionaire; and Whereas, Concessionaire desires to make said game machine services available at the Airport and has the capability of providing such services; NOW THEREFORE: March 28, 1991 Page 197 In consideration of the mutual covenants, promises and conditions herein contained, the said parties hereby covenant, promise and agree with each other as follows: 1. City does hereby grant Concessionaire the right to exhibit coin -operated game machines in the Airport terminal. The number of machines and their location shall be determined by the Director of Aviation of City. The City grants such right for a term of four (4) years beginning on the 28th day of March, 1991, and continuing until the 28th day of March, 1995. 2. In consideration thereof, the Concessionaire promises and agrees to pay City fifty per cent (50%) of the gross receipts from said game machines after reimbursement of all State and City occupational taxes payable by Concessionaire on such machines. 3. Concessionaire agrees to construct a gaming area in the Airport terminal at a cost of approximately $10,858.00. City agrees that it will allow Concessionaire to amortize such cost over a 36-month period at eleven per cent (11%) interest by excluding $355.49 per month from the calculation of the biweekly gross receipts which are to be divided equally between Concessionaire and City. Said period of amortization shall begin on the date such construction is completed to the satisfaction of 'the Director of Aviation of City. 4. The actual cost of the gaming area whose construction is herein authorized shall not exceed the approximate cost, as Ihereinabove stated, without written approval from the Director of Aviation of City and will in no event exceed $12,000. If the ,actual cost of the improvements does not equal the approximate cost, as hereinabove stated, the amount excluded from the calculation of gross receipts will be adjusted proportionately. 5. The exact location of the gaming area and the :specifications for its construction shall each be subject to approval from the Director of Aviation of City. 6. Concessionaire shall notify the Director of Aviation .and he shall be entitled to have a representative present each time a game machine cash box is opened; and all game machine revenue will be counted at the Airport Administration Office every -two creeks, with payment of the City's percentage as agreed upon in numbered paragraphs (2) and (3) above made at the time of each revenue count. 7. The acceptable noise level of the game machines shall be determined solely by the Director of Aviation of City. 8. The Concessionaire shall provide a money change machine adequate to supply necessary change to the public for use in the game machines and shall maintain such machines in good operating order. 9. The Concessionaire shall be responsible for obtaining and maintaining all necessary licenses and permits in accordance with all laws, ordinances and regulations, and for payment of any occupational taxes in accordance with all laws, ordinances and regulations. 10. Each machine shall have an operating meter that accurately counts each play, and each machine shall have a manufacturer's certificate properly attached. 11. No illegal game machines will be allowed. March 28, 1991 Page 198 12. All game machines shall be current and popular and shall be reviewed every ninety (90) days by the Director of Aviation of City for possible replacement by other machines. All machines shall be among the top ten (10) rated machines by Play Meters or another equivalent trade publication. 13. The Concessionaire shall repair and put back into operation within forty-eight (48) hours any machine that malfunctions (or replace such malfunctioning machine with an equivalent and properly functioning machine). The Concessionaire shall also replace any machine that malfunctions or needs repairs frequently. 14. Selection of individual machines shall be made by mutual agreement of the Concessionaire and the Director of Aviation. 15. The Director of Aviation of City may terminate this Agreement without forfeiture, waiver or release of the City's rights to any sum of money due or to become due under the provisions of this Agreement, by giving Concessionaire thirty (30) days written notice of termination for any of the following reasons or upon or after the happening of any one of the following events: a. Public demand. b. The filing by Concessionaire of a voluntary petition in bankruptcy. C. The adjudication of the Concessionaire as bankrupt. d. The default by the Concessionaire of any of its obligations under this Agreement and the failure of the Concessionaire to remedy such default for a period of thirty (30) days after receipt of written notice from the Director of Aviation of City to remedy same. e. The failure by Concessionaire to pay City its share of gross receipts when due. 16. The failure of the City or the Director of Aviation to -Insist in any one or more instances upon performance of any of the terms or conditions of this Concession Agreement shall not be construed as a waiver or relinquishment of the future performance of any such terms or conditions by the Concessionaire and the obligations with respect to such future performance shall continue in full force and effect. 17. The privileges contained herein are personal, and the Concessionaire agrees that it will not assign the same without the express consent of the Director of Aviation of City in writing. 18. Concessionaire, its agents and employees will not discriminate against any person or class of persons due to age, race, color, sex or national origin in providing any services or in the use of any of its facilities provided for the public, in any manner prohibited by Part 15 of the Federal Aviation Regulations. The Concessionaire 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. March 28, 1991 Page 199 19. Concessionaire agrees not to discriminate against any employee or applicant for employment because of age, race, color, sex or national origin. The Concessionaire further agrees to take affirmative action to insure that applicants are employed, and that its employees are treated during employment without regard to their age, sex, race, color 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. 20. The City shall stand indemnified by the Concessionaire as provided by this Agreement. The Concessionaire 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 use of the Airport generally or specifically in the exercise or enjoyment ❑f the privileges granted by this Agreement, the Concessionaire 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 Concessionaire, its agents or employees or invitees and shall indemnify the City against any and all claims, demands, suits, judgments and losses whatsoever. 21. The Concessionaire shall maintain at all times, at its sole expense, insurance with an insurance underwriter acceptable to the City and authorized to do business in the State of Texas, against claims of public liability and property damage resulting from Concessionaire's business activities at the Airport. 22. In the event any covenant, condition or provision contained in this Agreement is determined to be invalid by any court of competent jurisdiction, the invalidity of any such covenant, condition or provision shall in no way affect any other covenant, condition or provision herein contained; provided that the invalidity of such covenant, condition or provision does not materially prejudice either City or Concessionaire in their respective rights and obligations contained in the valid covenants, conditions or provisions of this Agreement. EXECUTED on this 28th day of March, 1991. CITY OF LUBBOCK s B. C. McMinn B. C. Mr -MINIM, MAYOR 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: Harold Willard Harold Willard, Assistant City Attorney CONCESSIONAIRE Bob Jordan Amusement Co., Inc. BY:/s1 Bob Jordan TITLE: President DATE: March 19, 1991 March 28, 1991 Page 200 91-50A--200-172 (17.) Bob Jordan Amusement Company is expanding its ❑peration at the Airport to gain greater visibility and add capacity to enhance revenue. Design and location for this expansion was reviewed and recommended to the Airport Board by the Airport Marketing Committee. Cost for the expansion is to Amusement Company initially, and 50% of that expenditure will be abated to the Amusement Company over a three-year period. The lease is for a four- year period. The Amusement Company estimated a 40% increase in revenue by making the move; the airport receives 50% of the gross revenue from this Contract, and the expansion will pay for itself over the three-year period. Due to the potential revenue enhancement, the recommendations from the Marketing Committee, and the benefit to the airport by opening up space for a potential additional screening station, the Airport Board recommended approval of this Agreement. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Maloy to authorize Resolution #3578 as recommended by Airport Board and Staff. Motion carried: 6 Yeas; 0 Nays. Consider Resolution #3579 authorizing the Mayor to March 28, 1991 Page 201 RESOLUTION #3579 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 an application for an Amendment to Contract No. 511XXF6008, under the State Department of Highways and Public Transportation, to provide Operating Assistance for the period from April 1, 1991, through September 30, 1991, 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 the Resolution as if fully copied herein detail. Passed by the City Council this 28th day of March, 1991. Is/ B. C. McMinn B. C. McMinn, Mayor ATTEST: s Ranette Boyd Ranette Boyd City Secretary APPROVED AS TO CONTENT: /s/ Larry V1. Hoffman Larry 11. Hoffman Director of Transportation APPROVED AS TO FORM: s J. Worth Fullin im J. Worth Fullingim Assistant City Attorney Application for an Amendment to Contract No. 511XXF6008 is filed with Resolution #3579. Contract No. 511XXF6008 was signed by the Mayor in September, 1990. The original Contract amount was for $102,430 for Public Transportation Funds from the State Department of Highways and Public Transportation. Additional Public Transportation Funds were made available by SDHPT, and this Resolution amends the contracted amount by $69,000, to the total $171,430. These funds will provide a portion of the cost of re -painting buses and replacing engines and transmissions in the buses. Staff recommended approval. Motion was made by Councilwoman Baker, seconded by Councilwoman Trejo to authorize Resolution #3579 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 91-50A-.201-173 [18.} Consider Resolution #3580 authorizing the Mayor to execute an Amendment to an Agreement with Black and Veatch for engineering services associated with construction phase of SRF Project. March 28, 1991 Page 202 RESOLUTION #3580 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor BE and is hereby authorized and directed to sign for and on behalf of the City of Lubbock a First Amendment to an Agreement for Engineering Services by and between the City of Lubbock and Black 8, Veatch of Dallas, which First Amendment is attached hereto and 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 28th day of March, 1991. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Dan Hawkins Dan Hawkins, Director of Water Utilities APPROVED AS TO FORM: Is/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney First Amendment to the Agreement is filed with Resolution #3580. The long-term improvements to the City of Lubbock's Wastewater Treatment Facilities are presently under design by the City's consulting engineers, Black and Veatch. For construction and bond sale scheduling purposes, the total project has been broken into three sub -projects which are as follows: Project A: Construction of 35-inch pipeline to convey the treated effluent from the wastewater treatment facilities to the Land - Application site. Project B: Construction of an advanced wastewater treatment plant and discharge pipeline to below Ransom Canyon. Project C: Rehabilitation of existing wastewater treatment plants #2 and #3. Construction of Project A is scheduled to begin prior to the end of 1991, and construction of Projects B and C is scheduled to begin June, 1992 and June, 1993, respectively. March 28, 1991 Page 203 The existing Contract with Black and Veatch Engineers provides engineering services through the bid phases of each of the three projects. At this time it is necessary to secure engineering services for the Construction Phase Services for these three projects (four contracts), and the Texas Water Development Board (TWDB) recently requested these services be contracted for prior to the Board's review of Lubbock's application for SRF funding at their April 18, 1991 meeting, City Council approval was necessary. Construction Phase Services will include project administration, resident project representatives, and start-up services, including operations and maintenance initiation and TWDB required project certification. Negotiated compensation for the Construction Phase Services with the engineer is proposed as follows: A. Project administration services --the hourly billing fee has been established and the maximum bill for these services shall not exceed $1,691,000 unless authorized. In addition, engineer and subcontractor reimbursable expenses will be billed at cost, estimated to be $109,000. B. President project (inspection) services during construction --the maximum billed for these personnel services shall not exceed $470,600 unless authorization. In addition, engineer and subcontractor reimbursable expenses shall be billed at cost, estimated to be $29,400. C. Preparation of an operation and maintenance manual, start-up services and certification --the maximum billed for these personnel services shall not exceed $1B6,100 unless authorized and billings for reimbursable expenses are estimated to be $13,900. The total amount of this First Amendment to Agreement for Engineering Services is estimated to be $2,500,000, will cover engineering services through the completion of the SRF total project. The amount of the Amendment has been reviewed with Texas Water Development Board's Staff and Mr. Allen White, TWDB Project Engineer, advises that he considers these costs to be fair and all services included in this First Amendment as necessary to protect the City's interests and Board's investment in this project through completion and final certification. Staff recommended approval of this item. Motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Patterson to authorize Resolution #3580 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. March 28, 1991 Page 204 91-50A-204-174 (19.) RESOLUTION #3581 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 by and between the City of Lubbock and Civic Lubbock, Inc. for concession sales in, or surrounding the Lubbock Municipal Auditorium/Coliseum, Lubbock Memorial Civic Center, the Meadowbrook Golf Course and other designated municipal facilities, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 28th day of March, 1991. ATTEST: LsL Ranette 8o d Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Ls Rita Harmon Rita Harmon, Assistant City Manager for Public Safety and Services APPROVED AS TO FORM: LsLJohn C. Ross, Jr. John C. Ross, Jr., City Attorney AGREEMENT STATE OF TEAS § COUNTY OF LUBBOCK § IIsL B. C. McMinn B. C. McMINN, MAYOR This Agreement is entered into on this the 28th day of March, 1991, by and between the City of Lubbock, a home rule municipal corporation, hereinafter referred to as City, and Civic Lubbock, Inc., a non-profit corporation existing under the laws of the State of Texas, hereinafter referred to as Corporation. WITNESSETH: WHEREAS, the City and Corporation did enter into an Agreement on the 25th day of February, 1988, wherein City granted to Corporation a license for the use of the Auditorium/Coliseum and the Lubbock Memorial Civic: Center; and WHEREAS, it is the desire of the City and Corporation to enter into a new Agreement establishing the relationship between City and Corporation; and WHEREAS, it is the desire of the City and Corporation to include Meadowbrook Golf Course into this Agreement; and March 28, 1991 Page 205 WHEREAS, advances in computer technology have made it possible to provide additional and better services for the general public utilizing the above mentioned facilities; and WHEREAS, it is the desire of both City and Corporation to provide new and state of the art services to the general public who utilize the above mentioned facilities; NOW THEREFORE: BE IT RESOLVED BY THE CITY AND CORPORATION AS FOLLOWS: 1. This Agreement supersedes and takes the place of the Agreement entered into between City and Corporation on the 25th day of February, 1988, and upon execution shall establish and govern the relationship between City and Corporation. 2. The City hereby grants to Corporation a license for all food, beverage and other concession sales, in, or surrounding the Lubbock Municipal Auditorium/Coliseum, Lubbock Memorial Civic Center, the Meadowbrook Golf Course, and other designated municipal facilities as mutually determined by the City and the Corporation. 3. Corporation agrees that for and in consideration of such license, hierein granted, that Corporation shall pay to: a. City twenty percent (20%) of the gross concession sales at the Municipal Auditorium/Coliseum and Lubbock Civic Center and other mutually determined municipal facilities during the term of this Agreement. The twenty percent (20%) of gross concession sales shall be paid by Corporation to City on a quarterly basis with the first such payment being due on the loth day of April, 1990, and a similar payment on the same date of each succeeding quarter during the term of this Agreement. b. The Meadowbrook Golf Course, forty percent (40%) of the net profits generated from concession sales at the Meadowbrook Golf Course. The forty percent (40%) of net profit shall be calculated and paid to the Meadowbrook Golf Course of the City on a quarterly basis with the first such payment being due on the 10th of July, 1991, and a similar payment on the same date of each succeeding quarter during the term of this Agreement. 4. As additional consideration for this license Corporation agrees to pay all operational expenses associated with concession rights or sales including, but not limited to, the salaries of full or part time staff or employees engaged in concession sales. Routine maintenance of all concession areas included in this license shall not be considered an operational expense and shall be borne by City at no cost to Corporation. In addition, City shall, at its option, employ a food and beverage coordinator at City's expense who shall coordinate City and Corporation activities, related to concession services and operations, under this Agreement. 5. Corporation agrees to conduct an annual audit of its book of account each year during the term of this Agreement. The audit shall be completed no later than the 30th day of December, 1990, and each such date during succeeding years that this Agreement remains in effect between the parties hereto. City shall be furnished with a copy of Corporation's audit annually. City reserves the right to have the City's internal auditors conduct an audit upon the book of account of Corporation on a yearly basis during the term of this Agreement and Corporation agrees to make its book of account and other necessary records available for such audit. 6. If the audit presented by Corporation to City identifies a cash fund balance, after the payment of the total considerations hereinabove mentioned and excluding all expenses incurred or encumbered, the Corporation is hereby authorized to retain such fund balance as follows- March 28, 1991 Page 206 a. The first one hundred thousand dollars of such cash fund balance shall be retained by Corporation as a reserve fund for performance of its obligations and duties herein set forth. b. any fund balance remaining after the contribution to a reserve account as above mentioned shall be placed in a separate account entitled Major Project Reserve. 1. Corporation may use the funds deposited in the Major Project Reserve account, above mentioned, only for capital expenditures for improvements to the Auditorium/Coliseum or the Lubbock Memorial Civic Center. No fund from this account shall be spent by Corporation without the concurrence and prior approval of the City Council of the City of Lubbock. In addition, Corporation agrees to give immediate consideration to capital expenditures from this account when requested by the City Council. 8. Corporation agrees to prepare and present to the City, during the month of July for each year this agreement is in effect, a budget for the upcoming fiscal year which commences October, 1990, and each October thereafter during the term of this agreement. The Corporation shall present this budget to the City Council for said City Council information and to receive recommendation from the City Council on said budget. 9. In addition to the license heretofore granted, the City does hereby further grant to Corporation a license to operate and manage all box office operations reasonably necessary for the operation of the Municipal Auditorium/Coliseum and the Lubbock Memorial Civic Center. This license authorized the Corporation to undertake, among others, the following activities: I . Undertake house staffing as deemed necessary by Corporation. b. undertake ticket sales for all events. cc. Utilize box office areas within the Municipal Auditorium/ Coliseum and Lubbock Memorial Civic Center. d. Subject to local, state and federal laws, undertake a system of computerized ticket sales for events as requested by any facility, enabling Corporation to sell tickets to events in other facilities. e. To allow the Corporation to establish charges for its services in the area of ticket sales and to incorporate with Lessee of the above facilities, on a per event basis, for said charges. 1. To undertake any other necessary services to implement a Regional computerized ticketing system. g. Subject to local, state and federal laws, to authorize the Corporation to market the use of the computerized ticket system to other facilities, in accordance with its contractual limits. 10. In consideration of the license granted in paragraph 9 above, Corporation shall use its resources in developing and implementing a computerized ticketing system and associated services for, but not limited to, the facilities above mentioned. The Corporation in this regard shall be responsible for the following: a. Cost of obtaining and installing such system. b. Cost of operating and maintaining such system. C. Cost of marketing of such system. March 28, 1991 Page 207 d. All other related costs except routine cleaning and building maintenance cost of the box office areas in the above mentioned facilities, which will be the responsibility of the City. 11. Corporation shall keep the City Council of the City of Lubbock fully informed as to all costs related to implementation and operation of this system and will identify operating cost and other expenses associated therewith in its annual budget submitted to the City. 12. Corporation agrees to use its best efforts to make maximum use of the facilities hereinabove mentioned so that events providing entertainment and adding to the cultural and educational quality of life of the citizens. of the City will be presented. 13. In consideration of the Corporation services to be rendered under this Agreement City does hereby grant to Corporation the right to use any or all of the above mentioned facilities for its business meetings and other corporate functions. Corporation will, however, be required to schedule such meetings or functions at a time mutually agreeable to it and City. 14. Corporation further agrees to pay to City, within thirty (30) days of the event, established rental rates on all events where Corporation sponsors or co-sponsors such event. 15. The term of this Agreement shall run from the date first above written until cancelled by mutual agreement of the parties or if cancelled by the City by giving thirty (30) days written notice to Corporation. 15. In the event that City cancels this Agreement by giving thirty (30) days written notice of its intention to so cancel, then in such event, Corporation shall nevertheless be authorized to undertake and fulfill all existing obligations and contracts necessary and essential for the orderly conclusion of Corporation's obligations and commitments. however, Corporation shall not undertake any new contracts or commitments after receipt of the notice above mentioned. March 28, 1991 Page 208 17. In the event City cancels this contract by giving thirty (30) days notice of its intent to so cancel, then in such event Corporation agrees to cooperate with City to ensure an orderly transition to ensure the orderly operation of all facilities hereinabove mentioned. ATTEST: Zsl Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /sl Rita Marmon Rita 1-11drmon, Asst. City Manager for Public Safety and Services APPROVED AS TO FORM: Z_s-L John C. Ross, Jr. John C. Ross, Jr., City Attorney CITY OF LUBBOCK /s/ B. C. McMinn B. C. McMINN, MAYOR CIVIC LUBBOCK, INC. /s/ Marris L. Miller President ATTEST: /s/ Van McKay Secretary Almost 35 years ago, the City Council granted a license to Civic Lubbock, Inc. to operate, manage and control concessions and operations for the Auditorium -Coliseum and subsequently for the Civic Center. In February, 1990, the Agreement was amended to grant Civic Lubbock, Inc. the authority to operate and manage box office operations at these two facilities. Civic Lubbock, Inc. and the staff are proposing three revisions to this Agreement: 1. Authorize Civic Lubbock, Inc. to use its computerized ticketing system to sell tickets to events in other facilities as requested by those facilities; and 2. Authorize Civic Lubbock, Inc. to sell the computerized ticketing system to other facilities; and 3. Allow Civic Lubbock, Inc. to operate concessions at the Meadowbrook Golf Course. March 28, 1991 Page 209 Computerized Ticketing System --Events In Other Facilities On February 22, 1990, the Council approved the amendment allowing Civic Lubbock, Inc. to operate and maintain a computerized ticketing system in Lubbock and in the area, greatly enhancing the services provided to the ticket -buying public. The system went on-line in July, 1990 and has to date serviced over 24 events representing over $800,000 in gross ticket sales. A central ticketing office was placed at Memphis Place Mall to house the main computer and operate as an outlet. Additional outlets have been placed in Sears at the South Plains Mall and at Dollar Western Wear located at 29th Drive and Brownfield Highway. Negotiations are underway with Reese AFB and Texas Tech University. The original Agreement limited Civic Lubbock, Inc. to sell tickets only for events in the Civic Center and the Auditorium/Coliseum. Civic Lubbock, Inc. plans to include ticket sales to events at other facilities in this region. With this amendment, Civic Lubbock, Inc. could sell tickets at its outlets for events at Texas Tech. Tickets sold for events at any other facility will be by Agreement between Civic Lubbock, Inc. and the other organization. Computerized Ticket System --Sell System To Other Facilities The second request dealing with computerized ticket sales will allow Civic Lubbock, Inc. to sell the use of the computerized ticket system to other facilities. Other cities would benefit by operating a state-of- the-art, computerized ticketing system and Lubbock would increase its "draw" for any events. The cost of additional hardware and software would be paid, in part, by those entering into the Agreement with Civic Lubbock, Inc. Other costs, including routine operating costs, will be covered by the existing Civic Lubbock, Inc. funds and revenues generated through a ticket service charge added to the price of each ticket sold and the fees charged to the promoter and lessees for handling their ticket sales. The Agreement between the City of Lubbock and Civic Lubbock, Inc,, as previously indicated, requires Civic Lubbock, Inc. to track its expenses and revenues on this operation separately, and to present a separate budget for its ticket sales. March 28, 1991 Page 210 Concessions Staff recommended that Civic Lubbock, Inc.'s concession rights be extended by Agreement to include the Meadowbrook Golf Course, and also to allow Civic Lubbock, Inc., ❑n occasion, to host receptions at other facilities such as the Landwer House or the outdoor recreation center at Mackenzie. Civic Lubbock, Inc., applied for and received a Mixed Beverage Permit for the Municipal Auditorium - Coliseum and Lubbock Civic Center in May, 1976 and in February, 1977. The change in the Agreement designates Civic Lubbock, Inc. as the concessionaire for Meadowbrook Golf Course, responsible for all food and beverage at the Golf Course. Following the approval Civic Lubbock, Inc. will apply for a Wine and Beer Permit from the Texas Alcoholic Beverage Commission. Under the current arrangement with the City, Civic Lubbock, Inc. pays the City of Lubbock 20% of the gross sales on concessions at the Auditorium/Coliseum and the Civic Center. However, since the Meadowbrook Golf Course is an Enterprise Fund, will be transferred into the General Fund. Staff has negotiated with Civic Lubbock, Inc. that 60% of the net profits will go to Civic Lubbock, Inc. and 40% to Meadowbrook Golf Course. This arrangement will be valid through the 1991-92 budget year. Then Civic Lubbock, Inc. and Meadowbrook Golf Course will determine the revenue potential and compensation can be renegotiated. Staff recommended that the revised Agreement be approved. Motion was made by Councilwoman Baker, seconded by Councilwoman Trejo to authorize Resolution #3581 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 91-50A-210=175 (20.) BId #11203--Refuse containers (Solid Waste3. Sanco Metal Fabricators--300 ea. refuse container 3 cubic yard sideloading. Texas Refuse Equipment, Cleburne--33 ea. refuse container 4 cubic yard frontloading. S & S Welding, Bartlesville, OK--33 ea. refuse container 6 cubic yard frontloading; 34 ea. refuse container 8 cubic yard frontloading. Motion was made by Patterson, seconded by Phillips, to authorize low bids meeting specifications. Motion carried: 6 Yeas; 0 Nays. March 28, 1991 Page 211 91-50A-211-176 (21.) BID #11218--Submersible Umps (Water Treatment). APSCO--1 ea. Submersible Pump Well #79; 1 ea. Submersible Pump Well #81; 1 ea. Submersible Pump Well #83; 1 ea. Submersible Pump Well #84. Submersible Pump Specialist--1 ea. Sumbersible Pump Well #79-A. Motion was made by Patterson, seconded by Phillips, to authorize low bids meeting specifications. Motion carried: 6 Yeas; 0 Nays. 91-50A.-211-177 (22.) BID #11044--Fire trucks (Fire Department). Daco Fire Safety Equipment--1 ea. 110 Ft. Aerial Ladder; 3 ea. Pumper Truck, 1250 GPM Motion was made by Patterson, seconded by Phillips, to authorize low bids meeting specifications. Motion carried: 6 Yeas; 0 Nays. 91-50A-211--178 (23.) BID. #11195--Demolition of Lots 1-5, Block 18, Wheatley Subdivision, and authorize same (Water Utilities). RESOLUTION #3582 BE IT RESOLVED BY THE CITY COUNCIL DF THE CITY OF LUBBOCK- THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and ❑n behalf of the City of Lubbock a Contract by and between the City of Lubbock and Lone Star Dirt & Paving for demolition of Lots 1-5, Block IB, Wheatley Subdivision, 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 ❑f this Resolution as if fully copied herein in detail. Passed by the City Council this 28th day of March, 1991. Is1 B. C. McMinn B. C. McMINN, MAYOR ATTEST: s Rariette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Gerie Eads Gene Eads, Purchasing Manager APPROVED AS TO FORM: s Harold Willard Harold Willard, Assistant City Attorney March 28, 1991 Page 212 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 28th day of March, 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 Lone Star Dirt & Paving of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESS'ETH: 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. 11195--Demolition of Lots 1-5, Block 18, Wheatley Subdivision (Water Utilities) in the amount of $43,200.00 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: s Ranette Boyd Secretary APPROVED AS TO CONTENT: ATTEST: Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ B. C. McMinn Mayor APPROVED AS TO FORM: Lone Star Dirt & Pavin CONTRACTOR By: TITLE: COMPLETE ADDRESS: Lone Star Dirt & Paving Route 4 Box 598 Lubbock, Texas 79424 Motion was made by Councilman Patterson, seconded by Councilman Phillips, to authorize Resolution #3582 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. March 28, 1991 Page 213 91-50A-213-179 (24.) BID #1119 -- RESOLUTION #3583 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 Anthony Mechanical, Inc. for Municipal Building HVAC Project, 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 28th day of March, 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 TEAS COUNTY OF LUBBOCK L/ B. C. McMinn B. C. McMINN, MAYOR THIS AGREEMENT, made and entered into this 28th day of March, 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 Anthony Mechanical 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., 11197--Municipal Building HVAC Project (8uilding Services) in the amount of $131,900.00 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. March 28, 1991 Page 214 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: IsI Ranette _..oyd Secretary APPROVED AS TO CONTENT: ATTEST: Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ B. C. McMinn Mayor APPROVED AS TO FORM: Anthony Mechanical, Inc. CONTRACTOR By: T1TLE: COMPLETE ADDRESS: Anthony Mechanical P.O. Box 2706 Lubbock, Texas 79408 Motion was made by Councilman Patterson, seconded by Councilman Phillips, to authorize Resolution #3583 as recommended by Staff. Motion carried: 6 Yeas; 0 Hays. 91-50A-.214-180 (25.) BID.#11122--Traffic Control System modifications (Traffic Engineering). Uptime Corporation, Euless --Traffic Control System Upgrade. Motion was made by Patterson, seconded by Phillips, to authorize low bid meeting specifications. Motion carried: 6 Yeas; 0 Nays. 91-50A-214-181 (26.) BID #11230--Annual tire repair service Central Garage). Rip Griffin --Tire Repair to Light Vehicles Sizes P155x80R13-P235x70R15 During Regular Business Hours; Tire Repair to Light Vehicles Sizes P155x8OR13- P235x7OR15 After Regular Business Hours; Tire Repair to Medium Trucks Trailers Sizes 600x16-900x16.5 Ouring Regular Business Hours; Tire Repair to Medium Trucks/Trailers Size 600xl6-9OOxl6.5 After Regular Business Hours; Tire Repair to Heavy Trucks Sizes 900xR20-110ORx22.5 During Regular Business Hours; Tire Repair to Heavy Trucks 900xR20-110ORx22.5 After Regular Business Hours; Tire Repair to Industrial Equipment Sizes 1400x24-16.90x24 During Regular Business Hours; Tire Repair to Industrial Equipment March 28, 1991 Page 215 91-50A-215-182 (10.) Sizes 1400x24-15.90x24 After Regular Business Hours; Tire Repair to Industrial Equipment Sizes 17.5x25- 20.5x25 During Regular Business Hours; Tire Repair to Industrial Equipment Sizes 17.5x25-20.5x25 After Regular Business Hours; Tire Repair t❑ Heavy Industrial Equipment Sizes 29.5x25-29.5x29 During Regular Business Hours; Tire Repair t❑ Heavy Industrial Equipment Sizes 29.5x25-29.5x29 After Regular Business Hours; Mileage Charger for Repair Calls Outside Lubbock City Limits During Regular Business Hours; Mileage Charge for Repair Calls Dutside Lubbock City Limits After Regular Business Hours; Labor Charge for Minor Repair Made to Wheels and/or Rims During Regular Business Hours; Labor Charge for Minor Repair Made to Wheels and/or Rims After Regular Business Hours. Motion was made by Patterson, seconded by Phillips, to authorize low bids meeting specifications. Motion carried: 5 Yeas; 0 Nays. Section 5. Block A. Lubbock County, Texas. Designation of well is Texland-Lif-Lubheirs #12. 91-50A-215-183 [11.] Consider approval of an Dil and Gas Drilling Permit for Lif-Lubheirs #12. Dub Bratcher, representing Texland Petroleum, appeared to request an Oil and Gas Drilling Permit for Lif-Lubheirs #12. No one appeared in opposition. Mayor McMinn closed the hearing at 10:23 a.m. According to Assistant City Manager Jim Bertram, on February 1B, 1991, Staff received an application for a Permit to drill the above well and the City of Lubbock has an interest in the mineral rights within the production unit. The storage site is proposed in conjunction with a tank battery approved by an existing permit. According to Staff memo, the application is substantially in order. The production unit contains 40 acres and has a maximum diagonal of less than 3,000'. Texland proposes earthen sludge pits with no landscaping at the well site. The blow-out protector has a minimum rating ❑f 3,000 psi. Disposal of waste materials is proposed at a Railroad Commission approved landfill site in Lubbock County and access to the drill and storage site is proposed from Erskine on private property. SHORT TERM IMPACTS: Minimum impact is expected for the short term since the area is uninhabited and current use is agricultural. The well and storage site are remote from existing residential development. March 28, 1991 Page 216 91-50A-.216-184 ( 7.) POTENTIAL LONG TERM IMPACTS: The land area surrounding and including this Lease is designated single-family on the 1986 Comprehensive Land Use Plan, and additional wells are in the immediate area. Since little additional development is projected in the immediate area, few long-term negative impacts are anticipated. RECOMMENDED PERMIT CONDITIONS: 1. No hydrocarbon lubricant (waste oil) shall he used to free -up the hole during drilling until after the first series of surface casing has been set to 350' or greater. 2. The permittee shall require that a first series of casing he set when drilling reaches a depth of 350' to 400' and permittee shall notify the Lubbock office of the Texas Railroad Commission for the intended dates for casing the well. 3. The first, and if used, second series of casing shall he in substantial compliance with applica- ble portions of Rule 13 of the Texas Railroad Commission. 4. The permittee shall meet all other conditions of Section 14, Article VI of the Lubbock Code and those specification indicated within the application of Texas for Lif- Lubheirs #12. Motion was made by Councilman Malay, seconded by Mayor Pro Tem Patterson to approve issuance of an Oil and Gas Drilling Permit for Lif-Lubheirs #12 to Texland Petroleum with Conditions 1-4 recommended by Staff. Motion carried: 6 Yeas; 0 Nays. Spectrum) far zoning change from C-2 to C-3 on Lots 3E and 4A. Times Square Addition. ORDINANCE #9423 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1223-E; A ZONING CHANGE FROM C-2 TO C-3 ZONING ON LOTS 3E and 4A, TIMES SQUARE ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Assistant City Manager Jim Bertram presented this request for zone change from C-2 to C-3 on Lots 3E and 4A, Times Square Addition. No one appeared in opposition. Mayor McMinn closed the hearing at 10:31 a.m. The City Council recently approved a joint venture for the Omnimax Theater with the Science Spectrum, and C-3 zoning will accommodate the theater. March 28, 1991 Page 217 Assistant City Manager Jim Bertram gave the adjacent land use relationships as follows: North - Loop 289 South - commercial East - commercial West - commercial The proposal is compatible with the Comprehensive Plan and the Zoning Policy, and the property is presently developed as commercial. Staff advised that the request should have little effect on traffic. Council requested that Staff support the recommendation of the Planning & Zoning Commission. Motion was made by Councilwoman Baker, seconded by Councilman Maloy to pass on first reading Ordinance #9423 as recommended by P&Z and City Staff. Motion carried: 6 Yeas; 0 Nays. 91-50A-217-185 ( 8.1 ORDINANCE #9424--Zone Case #2667 (1923 14th Street) - and 12, Block 23, Overton Addition. ORDINANCE #9424 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2667; A ZONING CHANGE FROM R-2 TO A-2 ZONING, LIMITED TO A COMMUNITY BASED SHELTER AND R-2 USES ON THE WEST HALF OF LOT 9 AND ALL OF LOTS 10, 11, AND 12, BLOCK 23, OVERTON ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Tom Brown, President of South Plains Children's Shelter, appeared to present this request for zone change. No one appeared in opposition. Mayor McMinn closed the hearing at 10:34 a.m. The South Plains Community Shelter provides temporary housing for teens from stressed families or those removed from their family environment by court order. Assistant City Manager Jim Bertram gave the adjacent land use relationships as follows: North - duplex residential South - residential East - apartments West - City park The Comprehensive Land Use Plan for Overton Addition indicates "medium density residential and specific uses" from 13th to 18th Streets between Avenues S and T. As specified for the residential shelter, which will be a new structure, the proposal meets the test of medium density. The rest of the block face is developed as apartments. March 28, 1991 Page 218 91-50A-218-186 ( 9•) There was no additional discussion at the P&Z hearing related to zoning policy, and no one appeared in opposition. According to Staff memo, the addition of new construction in this area will be an asset to neighborhood stabilization, and should not affect traffic. The sponsor organization is local and similar facilities have a good track record. Staff supported the recommendation of the Planning & Zoning Commission. Motion was made by Councilwoman Trejo, seconded by Mayor Pro Tem Patterson to pass on first reading Ordinance #9424 as recommended by P&Z and City Staff. Motion carried: 6 Yeas; a Hays. repair and all C-3 uses on a portion of Lot 37 and 35 Alexander Land Addition. ORDINANCE #9425 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2668; A ZONING CHANGE FROM C-3 TO C-4 ZONING, LIMITED TO AUTO GLASS REPAIR AND ALL C-3 USES, ON A PORTION OF LOTS 35 AND 37, ALEXANDER LAND ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Steve Hurt appeared on behalf of Lube-A-Car and Auto Glass to present this request for zone change. No one appeared in opposition. Mayor McMinn closed the hearing at 10:37 a.m. According to Staff memo, during the past several years, several zone cases and general discussion indicate a trend toward the need to transfer certain automotive related uses from C-4 to C-3. Those uses, including transmission repair, muffler shops, upholstery shops and glass shops have improved their images from previous styles that caused them to be labeled "heavy commercial" or C-4 during the 1975 Code revision. Assistant City Manager Jim Bertram gave the adjacent land use relationships as follows: North - commercial South - commercial East - commercial West - commercial According to Mr. Bertram, the Comprehensive Land Use Plan provides for C-4 zoning, under correct circumstances, on regional, state or U.S. highways. As requested, the only available use on this property from the C-4 District would be auto glass replacement and/or repair. Staff advised that approval of this request will have no effect on traffic. March 28, 1991 Page 219 91-50A-219--187 ( 6•) Staff supported the recommendation of the Planning & Zoning Commission. Motion was made by Councilman Maloy, seconded by Councilman Phillips to pass on first reading Ordinance #9425 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. ORDINANCE #9426 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2666; A ZONING CHANGE FROM R-I TO AM ZONING ON LOTS 13 AND 14, BLOCK 1, SQUIRES ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAYINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Dr. Sue Hickle presented this request for zone change. No one appeared in opposition. Mayor McMinn closed the hearing at 10:40 a.m. According to Staff memo, this request will allow the proponent's a research lab on the property. Assistant City Manager Jim Bertram gave the adjacent land use relationships as follows: North - zoned AM South - residential East - residential West - AM The request is compatible with the Comprehensive Land Use Plan and the Zoning Policy, and approval of this should have no effect on traffic. The property is in the AM Policy District. Staff supported the recommendation of the Planning & Zoning Commission. Motion was made by Councilwoman Baker, seconded by Councilman Phillips to pass on first reading Ordinance #9425 as recommended by P&Z and City Staff. Motion carried: 6 Yeas; 0 Nays. 91-50A•-219-188 5.) Paul Nash, Chairman of the Community Development Advisory Committee, will make a presentation to celebrate National Community Development Week. Each year the City of Lubbock participates in the celebration of National Community Development Week by spotlighting projects which have made a significant contribution to our community. This year the non-profit agencies which have received funding during the sixteen years of the Community Development program were recognized. March 28, 1991 Page 220 91-51)A-220-189 (28.) Since the initiation of the CDBG program, $2,175,823 has been allocated from HUD -sponsored programs t❑ support the activities ❑f local non -profits. The following is a listing ❑f these activities: Guadalupe Economic Services Corporation Lubbock Regional MHMR Neighborhood House HUD City Economical Development Corporation $ 45,600 52,300 75,000 Lubbock Children's Health Clinic, Inc. Women's Protective Services, Inc. Lubbock Housing Authority Guadalupe Parkway Neighborhood Centers, Inc. Early Learning Centers of Lubbock, Inc. 100,000 222,236 228,852 247,202 359,071 845,562 $2,175,823 Consider three appointments t❑ the Parks and Recreation Board. The terms of Mel Pope, Al Couch, and Bob Covington will expire on March 31, 1991. Motion was made by Councilman Phillips, seconded by Councilwoman Trejo to reappoint Mel Pope and Bob Covington and to appoint Lewis Gamboa to the Parks and Recreation Board. Motion carried: 6 Yeas; 0 Nays. There beings no further business t❑ come before Council, motion was made by Councilman Phillips, seconded by Mayor Pro Tem Patterson to adjourn the meetings at 11:05 a.m. Motion carried: 6 Yeas; D Nays. Isl B.C. McMinn B. C. McMinn, Mayor ATTEST: Is/ Ranette Boyd Ranette Boyd, City Secretary Read and approved this 28th day ❑f March, 1991. Isl B.C. McMinn B. C. McMinn, Mayor ATTEST: Isl Ranette Boyd Ranette Boyd, City Secretary