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