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Home My WebLink AboutMinutes - City Council - Regular - 4/25/1991CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING APRIL 25, 1991 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 25th day of April, 1991 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 10:00 A.M. Present: Mayor B. C. McMinn, Mayor Pro Tem T. J. Patterson, Councilman Gary Phillips, Councilman Bill Maloy, Councilwoman Joan Baker, Councilwoman Maggie Trejo, Councilman M. J. Aderton, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr., and City Secretary Ranette Boyd. Mayor McMinn called the meeting to order at 10:00 A.M. ( 1.) The Invocation was given by City Attorney John Ross. ( 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. ( 3.) Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Phillips to approve the Minutes of the April 11, 1991 Regular City Council meeting as written. Motion carried: 7 Yeas; 0 Nays. ( 4.) Board Appointments ( 5.) A representative of the Mission Cable Company will appear to request approval of an Ordinance authorizing transfer of control of Mission Cable Company Limited Partnership to Mission Acquisition Partners. RESOLUTION #3589 WHEREAS, Mission Cable Company, L.P., a Delaware limited partnership (the "Company"), is currently the owner and operator of the cable television system serving the City of Lubbock, (the "City"), such authority to operate being originally granted to Cable Vision of Texas pursuant to that certain Ordinance No. 8834 dated October 24, 1985 (the "Ordinance"); and WHEREAS, certain of the partners of the Company have transferred their interests in the Company to Mission Acquisition Partners, a Delaware general partnership ("Purchaser"), which is an affiliate of the Company's lenders; and WHEREAS, certain of the partners of the Company are corporations and, in lieu of transferring their respective interests in the Company to the Purchaser, have caused all of their respective shares of capital stock to be transferred to the Purchaser; and WHEREAS, the Company's lenders are The Toronto -Dominion Bank, Cayman Islands Branch, the Chase Manhattan Bank and the Canadian Imperial Bank of Commerce (collectively, the "Lenders"); and April 25, 1991 Page 238 WHEREAS, the City is willing to grant its consent to the transfer of the ownership of the Company as referenced above and to any transfer described in Section 1 below; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City hereby grants its consent to (i) any transfer of interests in the Company by any partner to the Purchaser, (ii) any transfer of capital stock of any partner in the Company to the Purchaser, (iii) any transfer, after the date hereof, of any partnership interest in the Company to any "affiliate" and (iv) any transfer, after the date hereof, of shares of capital stock of any partner of the Company which is a corporation to any "affiliate". For purposes of this Section 1, the term "affiliate" shall mean any entity all of whose voting securities are owned directly or indirectly through one or more subsidiaries of the Lenders. SECTION 2. THAT except as hereby transferred, or as modified prior to the date hereof, the Ordinance is in all other respects ratified and confirmed and all of the terms and conditions thereof shall remain in full force and effect. SECTION 3. THAT this Resolution is hereby declared to be a measure in the interest of public peace, health, welfare and safety. SECTION 4. THAT the City hereby waives the right of first refusal reserved by the City in paragraph E of Section 12 of Ordinance No. 8554. SECTION 5. THAT the transfer of franchise granted herein shall not become effective until receipt by the City of Lubbock of an Acceptance of Franchise duly executed by an officer or principal of the Purchaser, with authority to make and sign an agreement, in the following form: ACCEPTANCE OF FRANCHISE "The Honorable Mayor and City Council of the City of Lubbock: Mission Acquisition Partners, a Delaware general partnership, for itself, its successors and assigns, hereby accepts to be bound by the terms and conditions of City Ordinance No. 8834 granting a cable television franchise as finally passed by the City Council of the City of Lubbock on the 24th day of October, 1985. By this Acceptance of Franchise, Mission Acquisition Partners agrees to be bound by such franchise the same as if it were signatory to the original agreement." April 25, 1991 Page 239 SECTION 6. THAT in the event that the City Council should determine that the actual sale price is unreasonable, then such portion of the sale price as is determined to be unreasonable, shall not be considered in the rate base of any subsequent request for rate increases. This Resolution passed by the City Council this 25th day of April, 1991. CITY OF LUBBOCK BY:/s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Mr. Jimmy Evans, representing Mission Cable, appeared to request City Council approval of a Resolution authorizing the transfer of control of Mission Cable Company's franchise to Mission Acquisition Partners, a financial ownership change only. In response to recent financial difficulties, Mission Cable's lenders through their subsidiaries have acquired the equity ownership of Mission Cable. Mission Acquisition Partners does not anticipate a change in management or personnel. Mission Cable provides cable service to the communities of Woodrow, Lorenzo, Petersburg, Anton, Buffalo Lakes and Lockney, as well as an area inside the City limits of Lubbock bounded by 82nd Street and 114th Street and Avenue U and U.S. 87 (Tahoka Highway), currently servicing approximately 40 families within the City of Lubbock. Ordinance 8554, Section 12, indicates that "a franchise shall not be assigned or transferred either in whole or in part, or at least sublet or mortgaged in any manner, nor shall title thereto, either legal or equitable or any right, interest, or property therein pass to or vest in any person without the prior written consent of the city. The proposed assignee must show technical ability, financial capability, legal qualifications, and general character qualifications as outlined by the city and must agree to comply with all provisions of the franchise. The City shall be deemed to have consented to a proposed transfer or assignment in the event its refusal to consent is not communicated in writing to Grantee within 120 days following receipt of written notice of the proposed transfer or assignment." April 25, 1991 Page 240 91-50A-240-210 (10.) The consent or approval of the City Council to any transfer of the franchise shall not constitute a waiver or release of the rights of the city in and to the streets and public rights -of -way and any transfer by its terms be expressed subordinate to the terms and conditions of a franchise. The City Council reserves the right of 'first refusal' to purchase a cable communication system at the fair market value price if and when it is placed on the market for sale. The issue before the City of Lubbock was whether or not to purchase the Mission Cable Company LP system located within the City's corporate limits. Staff recommended that the City Council decline purchasing this system and authorize a transfer of the cable system franchise to Mission Acquisition Partners. Motion was made by Councilman Maloy, seconded by Mayor Pro Tem Patterson to authorize Resolution #3589 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #9427 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF 84TH STREET IN THE CASTLERIDGE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This Ordinance abandons and closes two small street portions of 84th Street west and north of Dover Avenue. Originally, 84th Street was dedicated as a 56' wide street; however, the new preliminary plat has reduced the size of this dedication to a 47' wide street and to make this transition, these two small areas must be closed. A 47' wide street has the same paving width (36') as a 56' wide street except that the parkway is only 5.5' in width as opposed to a 56' wide street which has a parkway width of 101. Hugo Reed is the proponent of this street closure for Randy Neugebauer (Lubbock Land Company) and the area to be closed at the northwest corner of 84th and Dover is 1,009.5 square feet; the area to be closed at the southwest corner of 84th and Dover is 127.5 square feet. Total closure is 1,137 square feet. More street area is being dedicated by the new plat than is being closed, so no charge will be made for the closure. The $150 application fee has been paid and the preliminary plat has been submitted. A similar request was approved by Council in January, 1990 for two street stub closures at 86th Street and Dover Avenue. Staff recommended approval of this closure. April 25, 1991 Page 241 Motion was made by Councilwoman Baker, seconded by Councilwoman Trejo to pass on first reading Ordinance #9427 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50A-241-211 (11.) Consider Resolution #3590 authorizing the Right -Of - Way Department to make an offer to Hilbert Kyle Easement located in Section 37, Block A-K (southwest corner of 34th Street and Milwaukee Avenue). RESOLUTION #3590 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 and welfare demand and create a public necessity for the operation, improvement, expans4on, extension, construction, reconstruction, repair and maintenance of electrical transmission and distribution lines, poles, braces and guy wires and necessary apparatus and appliances in connection therewith necessary to the proper operation of the public electrical utility system owned and operated by the City of Lubbock, Texas, which requires the acquisition of title in said City to an easement for such public purposes and municipal purposes, together with rights of ingress, egress and regress in said City to accomplish such purposes; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT title in the City of Lubbock, Texas, to an easement in, upon, along, over and across the hereinafter described real estate located in the City of Lubbock, Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: A PROPOSED 5' WIDE DOWNGUY EASEMENT FOR LUBBOCK POWER AND LIGHT (CONTAINING APPROX. 152 SQ. FT.) BEGINNING at a point which bears N. 89058143" E. ± a distance of approximately 30.89 feet and S. 00*03153" E. ± a distance of approximately 102.01 feet from the Northwest corner of Section 37, Block A-K. Same point also lies on the point of curvature of a 30.00 foot radius curve to the left (Northwest) for the R.O.W. line of Milwaukee Avenue; THENCE N. 86048'01" W. a distance of 30.00 feet to a point for the Northwest corner of proposed easement; THENCE S. 03011'59" W. a distance of 5.00 feet to a point for the Southwest corner of the proposed easement; THENCE S. 86048101" E. a distance of approximately 30.79 feet to a point on the existing West R.O.W. line of Milwaukee Avenue for the Southwest corner of proposed easement; THENCE N. 05048'01" W., along the West R.O.W. line of Milwaukee Avenue, a distance of approximately 5.06 feet to the POINT OF BEGINNING. April 25, 1991 Page 242 SECTION 2. THAT the owners of said tract, including Hilbert Kyle Seale, Daniel K. Seale, Kathleen L. Seale Withers, Carolyn A. Seale, Stephen M. Seale, Victoria L. Seale, and Martin E. Seale Freeland, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $2,000.00, which is the amount appraised as the value and total damages for the acquisition of title to an easement in said City as hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, 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 easement title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 25th day of April, 1991. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Department APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney Due to the widening and paving of West 34th Street, LP&L must relocate a main north -south power line westward at the intersection of 34th Street and Milwaukee Avenue. This line will cross over the new intersection at a southwest direction and then turn southward. Due to this change in direction and the angle of the overhead line, it will be necessary to place a guy wire in a 5' by 30' Down Guy Easement. This Easement, which LP&L needs immediately, is located at a future commercial site on Seale's property and is an encroachment. Staff offered $300 for the 150 square foot Easement. After further negotiations and discussion regarding its encroachment status, an offer of $1,000 was made and they countered at $2,000. Staff agreed for the following reasons: 1. The alternative was to go underground, which would cost $18,000. By acquiring this Easement, there is a savings of $16,000. 2. Going underground creates the probability of future problems due to the fact that the 34th and Milwaukee intersection is concrete, and if work is done on the buried power line, the concrete would have to be destroyed. Also, other utility companies, while boring or working on their lines, could easily sever the line. April 25, 1991 Page 243 Staff recommended approval of the $2,000 offer to the Seales is $2,000. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Aderton to authorize Resolution #3590 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50A-243-212 (12.) Consider Resolution #3591 authorizing the Right -Of - 6. Block A (northeast corner of North Guava Avenue and East Municipal Drive). RESOLUTION #3591 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the pubic needs and welfare demand and create a public necessity for the operation, improvement, expansion, extension, construction, reconstruction, repair and maintenance of electrical transmission and distribution lines, poles, braces and guy wires and necessary apparatus and appliances in connection therewith necessary to the proper operation of the public electrical utility system owned and operated by the City of Lubbock, Texas, all of which requires the acquisition of title by said City to easements for such public municipal purposes, together with rights of ingress, egress and regress in said City to accomplish such purposes; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT title to an overhead electric power line easement and a downguy easement in, upon, over, along and across the hereinafter described real estate located in the City of Lubbock, Lubbock County, Texas, be acquired by said City for public purposes and municipal purposes as set forth in the preamble, to -wit: Overhead Electric Power Line Easement BEGINNING at a point which bears S 0° 00' 27" W a distance of approx. 51.5 feet from the Northwest corner of Section 6, Block A. Same point also lies on the existing West property line of property granted to John M. O'Haugherty by Warranty Deed (Vol. 1180, Pg. 399-400) on 4/25/68. THENCE East a distance of approx. 343.52 feet to a point. THENCE N 650 10' 30" p a distance of approx. 82.07 feet to point on the East property line of property granted to John M. O'Haugherty (Vol. 1180, Pg. 399-400). THENCE South along the existing East property line of John M. O'Haugherty a distance of approx. 11.02 feet to a point. THENCE S 650 10' 30" W a parallel to and N 240 49' 30" W a distance of 33 feet from the existing N.W. Right -of -Way line of the P. & S.F. Railroad for a total distance of approx. 79.64 to a point. April 25, 1991 Page 244 THENCE West a distance of approx. 345.72 feet to a point on the existing West property line of John M. O'Haugherty and the West Section Line of Section 6, Block A. THENCE N 00 00' 27" E along the West property line of John M. O'Haugherty and the West Section Line of Section 6, Block A a distance of 10 feet to the POINT OF BEGINNING. Downguy Easement BEGINNING at a point which bears South approx. 61.5 feet and East approx. 343.16 feet from the Northwest corner of Section 6, Block A. THENCE S 12° 24' 45" E p a distance of approx. 34.88 feet to a point on the existing N.W. Right -of -Way line of the P. & S.F. Railroad. THENCE N 650 10' 30" E a along the existing N.W. Right -of - Way line of the P. & S.F. Railroad a distance of approx. 5.12 feet to a point. THENCE N 120 24' 45" W a a distance of approx. 33.79 feet to a point. THENCE S 65° 10' 30" W a parallel to and N 24° 49' 30" W p a distance of 33 feet from the existing N.W. Right -of -Way line of the P. & S.F. Railroad for a total distance of approx. 2.56 feet to a point. THENCE West a distance of approx. 2.56 feet to the POINT OF BEGINNING. SECTION 2. THAT the owner of the above -described tracts of land, being John M. O'Haugherty, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $2,500.00, which is the amount appraised as the value and total damages for the acquisition of title to both of said above -described easements, 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 title to said easements for public purposes and municipal purposes. Passed by the City Council this 25th day of April, 1991. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney April 25, 1991 Page 245 The LP&L Substation at North Guava Avenue and East Municipal Drive was completed and a power line from this substation running eastward to the existing power line along the north side of Municipal Drive was constructed. An Overhead Easement and a Down Guy Easement were never acquired for the line. The Appraisal District showed Mr. John O'Haugherty as the owner but with no address. Earlier this year Mr. O'Haugherty called this encroachment to the attention of LP&L and the Right -of -Way Department. Staff forwarded an offer of $850. The Overhead Power Line Easement covers about 4,268 square feet and the Down Guy Easement covers about 172 square feet, for a total of 4,440 square feet. This Easement crosses Mr. O'Haugherty's property in a developable area and hinders his ability to develop a portion of the property. He countered back at $2,500, to which Staff agreed and then quoted a price of around $3,800. The alternative Staff has is to move the line at a cost of $8,000 to $10,000; therefore, the recommended offer to Mr. O'Haugherty is $2,500. Motion was made by Councilwoman Baker, seconded by Councilman Maloy to authorize Resolution #3591 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50A-245-213 (13.) Consider Resolution #3592 authorizing the Right -of - Way Department to make an offer to Andrew P. Fuller for a 48.34 acre Total Flood and Restrictive Easement located in Sections 109 and 113, Block 5, Garza County, Texas (Lake Alan Henry). RESOLUTION #3592 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, safety and welfare demand and create a public necessity for the acquisition of the easement title to additional land for municipal public uses and purposes, to -wit: for easement title to land for flood and restrictive easement purposes from elevation 2220 feet above mean sea level to elevation 2245 feet above mean sea level, which easement grants City (a) the right to intermittently overflow, flood or cover such land, at any time with flood, slack or backwater created by construction, maintenance and operation by City of its proposed Lake Alan Henry Reservoir, also known as the Justiceburg Dam and the Reservoir and for the storage of water created by the construction of the Dam; (b) the right to enter upon said land, with due notice and without loitering, to clear, destroy or dispose of any timber, brush, obstruction, accumulation, trash, filth or any other thing which would in any way interfere with the construction, maintenance and operation of such dam and reservoir or tend to render the same unsafe or unsanitary and to prevent the drainage or dumping of refuse, sewage or other material into such reservoir and to carry out an adequate program of pollution control; and (c) the right to prevent the construction of, or the removal, with due notice, of any structure or facility located or to be located on said land, in connection with the extension of the water works system of the City of Lubbock, 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 land as needed for such purposes as aforesaid; NOW THEREFORE: April 25, 1991 Page 246 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT easement title for flood and restrictive easements to the land hereinafter referred to as Flood and Restrictive Easement "A", "B", "C", and "D", the legal descriptions of each of said tracts being attached hereto and made a part hereof collectively as "Exhibit A", said tracts of land being located in Garza County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof. SECTION 2. THAT the owner of said tract, being Andrew P. Fuller, BE offered through the Right -Of -Way Department of the City of Lubbock the amount of $4,834.00, which is the amount appraised as the value and total damages for the easement title to the real estate hereinabove described for the value and damages therefor to said owner of $4,834.00 for such easement title acquisition, 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 easement title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 25th day of April, 1991. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -Of -Way Agent APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney Flood and Restrictive Easement "A", "B", "C" and "D" filed with Resolution #3592. These four Flood and Restrictive Easement areas are located approximately five miles southeast of Justiceburg. They will protect the City of Lubbock if Lake Alan Henry backs up onto Mr. Fuller's property. These four tracts which total 48.34 acres are 4.53 acres, 12.57 acres, and 0.01 acres in Section 109 and 31.23 acres in Section 113. Acquisition price is $100 per acre for a total offering price to Mr. Fuller of $4,834. Staff recommended approval. Motion was made by Councilwoman Trejo, seconded by Councilman Aderton to authorize Resolution #3592 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. April 25, 1991 Page 247 91-50A-247-214 (14.) Treatment Program. RESOLUTION #3593 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 Emergency Shelter Funding Agreement by and between the City of Lubbock and Lubbock Regional Mental Health and Mental Retardation Center, Alcohol Treatment Program, 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 25th day of April, 1991. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Sandy Ogletree Sandy Ogletree, Community Development Administrator APPROVED AS TO FORM: /s/ Dennie W. McGill Dennis W. McGill, Trial Attorney Emergency Shelter Funding Agreement filed with Resolution #3593. On February 28, 1991, the Lubbock City Council approved the City of Lubbock's application to the U.S. Department of Housing and Urban Development for a $56,000 Emergency Shelter Grant Program. Included in the Emergency Shelter Grant application is a project with the Lubbock Regional Mental Health and Mental Retardation Center Alcohol Treatment Program. The program was approved to receive $11,000 for the renovation of the Midway facility at 1601 Vanda to replace flooring, carpeting, and the kitchen grease trap. The Midway facility is the only facility in Lubbock that provides alcohol and drug treatment for individuals with limited resources. Services are provided to males and females, 18 years of age or older, through three residential units (Detox, Inpatient Treatment and Intermediate Care) and last year the facility served over 100 individuals. April 25, 1991 Page 248 91-50A-248-215 (15.) This Agreement was approved by the Lubbock Regional MHMR Center Board of Directors, and Staff recommended approval. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Maloy to authorize Resolution #3593 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. RESOLUTION #3594 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 Emergency Shelter Funding Agreement by and between the City of Lubbock and Women's Protective Services of Lubbock, Inc., 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 25th day of April, 1991. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Sandy Ogletree Sandy Ogletree, Community Development Administrator APPROVED AS TO FORM: /s/ Dennis W. McGill Dennis W. McGill, Trial Attorney Emergency Shelter Funding Agreement filed with Resolution #3594. Included in the Emergency Shelter Grant application is a project with Women's Protective Services of Lubbock, Inc. The program was approved to receive $6,000 for facility renovation. The funding will rehabilitate the shelter's laundry room and pantry/storage area, including reconfiguring the laundry room to allow for proper outdoor venting, and remodeling a bathroom into a storage area. Women's Protective Services provides emergency shelter to battered adults and their children, and in 1990, sheltered 2,098 residents, served 58,413 meals and provided 19,471 shelter days. This Agreement has been approved by Women's Protective Services of Lubbock, Inc. Board of Directors, and Staff recommended approval. 91-50A-249-216 (16.) April 25, 1991 Page 249 Motion was made by Councilman Maloy, seconded by Mayor Pro Tem Patterson to authorize Resolution #3594 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Community Living Center. RESOLUTION #3595 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 Emergency Shelter Funding Agreement by and between the City of Lubbock and Lubbock Regional Mental Health and Mental Retardation Center, Community Living Center, 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 25th day of April, 1991. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Sandy Ogletree Sandy Ogletree, Community Development Administrator APPROVED AS TO FORM: /s/ Dennis W. McGill Dennis W. McGill, Trial Attorney Emergency Shelter Funding Agreement filed with Resolution #3595. Included in the Emergency Shelter Grant application is a project with Lubbock Regional Mental Health and Mental Retardation Center Community Living Center. The Program was approved to receive $34,600 for renovation of the east wing building at 1617 28th to replace water, sewer, and gas lines, electrical rewiring to meet City codes, and install handicap ramps into the building, handicap bathrooms, and handicap access to outdoor activity areas. The Community Living Center is the only facility in Lubbock which provides comprehensive services for the mentally ill adults. The special demonstration project specifically targets assistance to the homeless mentally ill which has been identified as a priority group in need of assistance. This Agreement has been considered and approved by the Lubbock Regional MHMR Center Board of Directors. Staff recommended approval. April 25, 1991 Page 250 91-50A-250-217 (17.) 91-50A-250-218 (18.) Motion was made by Councilman Maloy, seconded by Councilwoman Baker to authorize Resolution #3595 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Consider the price and conditions of sale of Parcel Number 5190-43-20 at 2702 Bates in the Community Development Program, Area No. 16. This is a routine sale of property by the Urban Renewal Agency to O.E. Farmer, dba Trademark Home Builders, for $1,200. This property is to be redeveloped as a single family residence and is properly zoned for this. The proposed structure will be a custom home for an individual being relocated from a substandard lot in the Arnett Benson Acquisition/Relocation CDBG Program. Staff recommended approval. Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Trejo to accept price and conditions of sale of Parcel Number 5190-43-20 at 2702 Bates in the Community Development Program, Area No. 16 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Consider Resolution #3596 authorizing the Mayor to sign an Agreement with the U.S. Department of Commerce's National Oceanic and Atmospheric Administration. RESOLUTION #3596 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 with the United States Department of Commerce, National Oceanic and Atmospheric Administration, for a License for the Use of Real Property at Lubbock International Airport, Lubbock, Texas, beginning October 1, 1992, for a period of fifteen (15) years, unless terminated sooner by mutual agreement. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of this Council. Passed by the City Council this 25th day of April, 1991. /s/ B. C. McMinn B. C. McMINN, 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: /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney April 25, 1991 Page 251 U.S. Department of Commerce National Oceanic and Atmospheric Administration License for Use of Real Property NOAA License Number 061ABFMI29 February 28, 1991 Grantor: City of Lubbock Route 3, Box 389, Lubbock, Texas 79401 WITNESSETH: That, in consideration of the benefits to the GRANTOR and to the UNITED STATE OF AMERICA, hereinafter referred to as the GOVERNMENT, and of the covenants and agreements to be kept and performed by the GOVERNMENT, the GRANTOR does by these presents hereby grant, at no cost, a License for the use of the premises, services, and facilities hereinafter described or other mutually acceptable locations for the installation, operation, maintenance, repair, replacement and removal of Automated Surface Observing System (ASOS) equipment including, but not limited to: field sensor group(s), acquisition control unit (ACU), communications and peripheral equipment, antenna(s), and connecting signal and power cables. It is covenanted and agreed that the GOVERNMENT, or the GOVERNMENT'S contractor, shall have ready and convenient access to the premises at all times, subject to the security and safety rules of the GRANTOR, and that the GOVERNMENT reserves the right to make such alterations, addition,s and improvements to the ASOS as may be necessary for proper ASOS operation. It is further covenanted and agreed that all structures, fixtures, or equiment placed by the GOVERNMENT on said premises under this License, or any previous License or permit, shall be and remain the exclusive property of the GOVERNMENT, notwithstanding the same may be attached to the ralty so as to become a part thereof; and that the GOVERNMENT shall have the right to remove all structures, fixtures, and equipment so erected or placed on said premises. If at any time before the expiration of this License the GRANTOR desires to change the location of the sites furnished to the GOVERNMENT pursuant to this License, or the GRANTOR changes or modifies its facilities (runways or other areas), or allows other to change or modify such facilities in such a manner so as to adversely effect or render useless the GOVERNMENT'S equipment, facilities, and/or related power, control or signal lines, any cost for repair or for removal of said equipment, facilities, and/or related power, control or signal lines to another site acceptable to the GOVERNMENT shall be at the expense of the GRANTOR. If at any time prior to the expiration of this License the GOVERNMENT desires to change the location of the site furnished to it by the GRANTOR, all costs related to moving the equipment, facilities, and/or related power, control, or signal lines shall be borne by the GOVERNMENT. The terms and conditions of this License and the conditions herein shall bind the GOVERNMENT, the GRANTOR, and the GRANTOR'S heirs, executors, administrators, successors, and assigns. To the extent authorized by the Federal Tort Claims Act, 28 U.S.C. Sec. 2671 et seq., the GOVERNMENT assumes full control and sole responsibility fo rits equipment, personnel and activities incident to this License. April 25, 1991 Page 252 The premises, services, and facilities to be provided by the GRANTOR pursuant to this License are described in the ASOS SITE SURVEY REPORT for the following which is incorporated herein by reference: LUBBOCK INTERNATIONAL AIRPORT, LUBBOCK, TX (LBB) Dated 02/28/91 This License is effective beginning 10/01/92 for a period of 15 years unless terminated earlier by mutual agreement. IN WITNESS WHEREOF, this License is executed as of the dates indicated. CITY OF LUBBOCK By:/s/ B. C. McMinn B. C. McMinn Mayor April 25, 1991 THE UNITED STATES OF AMERICA U.S. Dept. of Commerce, NOAA By: Contracting Officer Special Engineering Program Office Central Admin. Support Center This License for use of real property serves as an Agreement between the City and the U.S. Government allowing the Government to install and operate the Automated Surface Observing System (ASOS). The ASOS system is planned for 1300 airports nationwide, and will effectively automate the surface weather observing function, enhance aviation safety, and contribute to the improvement of forecasts, watches and warnings. The ASOS system will be located just west of the Air Traffic Control Tower approximately 2,100' east of the center line of runway 17R-35L. Staff recommended approval. Motion was made by Councilman Maloy, seconded by Councilwoman Trejo to authorize Resolution #3596 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. April 25, 1991 Page 253 91-50A-253-219 (19.) RESOLUTION #3597 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 with Far West Commercial Finance Company and Nortec Speciality Steels Co., Inc., formerly known as Texas General Steel Company, subordinating the City's statutory and contractual landlord's lien against the personal property of Nortec Speciality Steels Co., Inc., which is located in Buildings 710, 712, 714 East Airport District, at Lubbock International Airport in favor of Far West Commercial Finance Company. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 25th day of April, 1991. /s/ B. C. McMinn B. C. McMINN, 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: /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK § LANDLORD/MORTGAGEE WAIVER WHEREAS, Far West Commercial Finance Company (hereinafter called "Lender") has or is about to enter into a security transaction with NORTEC SPECIALTY STEELS CO., INC., formerly known as Texas General Steel Co., Inc., a Texas corporation (hereinafter called "Debtor") covering, in part, all equipment, trade fixtures, furnishings, machinery, inventory and other personal property of the Debtor, whether now owned or hereafter acquired and the proceeds and products thereof (hereinafter collectively called "Personal Property"), and WHEREAS, the Personal Property, in part, is now or may be located in the future at: Buildings 710, 712, 714 East Airport District, Lubbock International Airport, Lubbock, Texas 79401. WHEREAS, the undersigned has an interest in the Premises as Owner and Lessor or Mortgagee. April 25, 1991 Page 254 NOW THEREFORE, in consideration of any financial accommodations extended or to be extended by Lender to Debtor, and other good and valuable consideration, the undersigned Lessor and/or Mortgagee agrees as follows: A. It waives and relinquishes all rights of levy or distraint for rent or other payments payable with respect to the Personal Property while Debtor is indebted to Lender. B. The Personal Property may be installed on or otherwise affixed to the Premises and shall not be deemed a fixture or part of the real estate but shall at all times be considered personal property. C. The undersigned disclaims any interest in the Personal Property while Debtor is indebted to Lender, and agrees to assert no claims to the Personal Property while Debtor is indebted to Lender. D. The undersigned Lessor and/or Mortgagee agrees that Lender or its representatives may enter upon the Premises at any time to inspect, repair, assemble, have appraised, or remove the Personal Property and may advertise and conduct a public auction or private sale thereon. At the option of Lender, said Personal Property may remain uponsaid Premises (without Lender being deemed to be taking possession of said Premises), for a period of ninety (90) days after the receipt by Lender of written notice from the undersigned directing removal. During said ninety (90) day period Lender shall pay rent to the undersigned Lessor in an amount equal to the rental provision contained in Lessor's lease with Debtor, pro -rated on a per diem basis to be determined on a thirty (30) day month but without incurring any other obligations of Debtor. E. The undersigned Lessor agrees to give notice within ten (10) days of any default by the Debtor of any of the provisions of said Lease to: Far West Commercial Finance Company 11835 West Olympic Blvd., Suite 1200 Los Angeles, California 90064 Upon receipt of said notice, Lender shall thereupon have twenty (20) days to cure said default. The failure of Lender to cure the default shall not otherwise affect its rights under this Agreement, other its rights under this paragraph E. April 25, 1991 Page 255 This waiver is binding upon the undersigned, its successors and assigns and inures to the benefit of Lender, its successors and assigns. EXECUTED this 25th day of April, 1991. CITY OF LUBBOCK: BY:/s/ B. C. McMinn B. C. McMINN, 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: /s/ Linda L. Chamales Linda L. Chamales Assistant City Attorney This Agreement is a standard Landlord/Mortgage Waiver which allows the City's tenant to obtain financing for their operation at Lubbock International Airport. Nortec has been a tenant of the Airport since 1979 and currently pays building and land rentals at an annual rate of $68,618.16. They are currently seeking additional warehouse and office space to accommodate their growing needs. This waiver was prepared and approved by the City Attorney's Office. Staff recommended approval. Motion was made by Councilwoman Trejo, seconded by Councilman Phillips to authorize Resolution #3597 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50A-255-220 (20.) Consider Resolution #3598 regarding the Canadian River Municipal Water Authority Desalination Project. RESOLUTION #3598 WHEREAS, the City Council of the City of Lubbock has discussed with Mr. John Williams, Canadian River Water Authority general manager, the problems associated with increasing chloride content of water obtained from the Canadian River Water Authority; and WHEREAS, the major contributor of saline water to the Canadian River System has been identified as artesian springs in the vicinity of Logan, New Mexico, by a 1984 Bureau of Reclamation study; and WHEREAS, the Bureau of Reclamation study indicates that the salt problem could be controlled by drilling one or more wells into the artesian aquifer and disposing of the brine produced into a deeper strata; and WHEREAS, federal assistance is being sought to solve the problem, but such assistance has not yet been approved; and April 25, 1991 Page 256 WHEREAS, the serious nature of the problem requires action as soon as possible for the good of the citizens of all communities that are customers of the Canadian River Water Authority; and WHEREAS, the City Council of the City of Lubbock desires that immediate steps be taken to prepare a preliminary engineering evaluation of the feasibility of the salinity control project and to update the 1984 Bureau of Reclamation study; and WHEREAS, the City Council of the City of Lubbock desires that such study be undertaken using local funding provided by the affected cities in the event that federal assistance is not promptly forthcoming; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock, Texas, hereby urges the prompt undertaking of a preliminary engineering evaluation of the feasibility of salinity control of the Canadian River System using local funds provided by member cities; and that in the event that federal assistance is not provided in the near future, the City Council of the City of Lubbock, Texas, encourages the pursuit of funding of the salinity control project using local funds provided by member cities. Further, the City Council of the City of Lubbock, Texas, hereby pledges its support of the salinity control project to the Canadian River Water Authority to assure the safety and welfare of the citizens of the City of Lubbock and other participating municipalities. Passed by the City Council this 25th day of April, 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: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney John Williams, General Manager of the Canadian River Municipal Water Authority (CRMWA), provided an update on the funding request for the Lake Meredith Desalination Project during Work Session. According to Mr. Williams, this Project will decrease the salt content of Lake Meredith water by the drilling of one or more deep wells near Ute Lake in New Mexico. The briny water will be disposed of by re -injection into a deep disposal well. In 1984 the costs of the project were estimated to range from $3,000,000 to $8,000,000 depending upon the number of wells required. CRMWA member cities will contribute their proportionate share of the actual capital costs. (For the past five years, CRMWA has been trying to obtain Bureau of Reclamation funding for engineering design and construction management of this project.) April 25, 1991 Page 257 During the last session of Congress, a Bill to fund the design and construction management of this project was approved in the Senate and sent to the House. The House Subcommittee Chairman insisted on combining the CRMWA project with 12 to 15 other Bureau of Reclamation project bills and also insisted that certain "reform" provisions be included in the Omnibus Bill. Because of the addition of the controversial "reform" provisions, the Senate did not pass the amended Bill, and the Bill died. Another bill to fund this project has been introduced by House Rep. Sarpalius in the current session of Congress, and Senator Simms is expected to introduce a similar bill to the Senate. There were basically two reasons federal funding has been sought, the first being the financing, and secondly, Bureau of Reclamation intervention was desired in anticipation of the federal government's lending political assistance in dealing with the State of New Mexico (where the actual work will be done). A discharge permit from New Mexico will be required before the project can be accomplished and New Mexico and Texas have long been at odds over water rights and allocations with a number of lawsuits now pending. Due to the uncertainty of obtaining federal funding for this project, a number of CRMWA cities have expressed the desire to pursue the desalination work as either a federally or locally -funded project. The project is estimated to cost from $3,000,000 to $8,000,000 (1984 estimates) depending upon the number of wells required. According to Staff memo, as a federally -assisted project, design and construction management could account for 25% to 30% of the cost, and under that scenario, member cities would be responsible for the remaining 70-75% of project costs. As a locally - funded project, total costs could probably be reduced, but the member cities would pay 100%. Since expenses would be shared based upon water supply allocations, under either scenario Lubbock's share of the desalination project would be 37.058%. If Congress does not approve the bills to fund a portion of the project, this Resolution encourages CRMWA to pursue funding of the project with CRMWA member city funding and in the interim authorizes CRMWA to enlist the services of an engineering consultant to prepare a project feasibility report to reevaluate the 1984 Bureau of Reclamation report's criteria and recommendations and update the project cost estimates. This would allow timely continuation of the project whether or not federal action is favorable. Motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Patterson to authorize Resolution #3598 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. April 25, 1991 Page 258 4W,Ill:V4fs1Wxhl (21.) Consider Resolution #3599 to allow the Mayor to sign a Contract and Deed to convey water rights located in Lubbock County. RESOLUTION #3599 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 Water Rights Settlement Agreement to be entered into by and between the City of Lubbock and Stephen E. Cone, Jr., 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 25th day of April, 1991 /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: Ls/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Dan A. Hawkins Dan A. Hawkins, Director of Water Utilities APPROVED AS TO FORM: /s/ Dennis W. McGill Dennis W. McGill, Trial Attorney WATER RIGHTS SETTLEMENT AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § WHEREAS, the City of Lubbock, a Texas Home Rule Municipality located in Lubbock County, Texas (herein called "CITY") is the owner of certain water rights in Section 14, Block JS, Lubbock County, Texas, except the East 47 varas of said Section, as set forth in deed of conveyance of said water rights from Roy Riddel and wife, Myrtle Riddel unto the CITY, recorded at Volume 382, Page 83 et seq. of the Deed Records of Lubbock County, Texas, and quitclaim deed from S. E. Cone to City of Lubbock, recorded at Volume 377, Page 366 of the Deed Records of Lubbock County, Texas, reference to which deed of conveyance and quitclaim deed is made for all pertinent purposes; and WHEREAS, the City believes that underground water owned by the CITY pursuant to said deeds above -described has been contaminated by chlorides and hydrocarbons in connection with oil and gas exploration and/or production activities by Stephen E. Cone, Jr. a/k/a S. E. Cone, Jr. (herein called "CONE") or persons, firms, or corporations under grant from CONE to carry out and conduct such oil and gas activities; and April 25, 1991 Page 259 WHEREAS, the CITY and CONE desire to compromise and settle matters arising out of such believed water contamination as aforesaid, and in consideration of avoiding possible litigation, and the keeping of the covenants and agreements herein contained, the CITY and CONE hereby contract and agree as of this 25th day of April, 1991, as follows: I. CITY agrees to convey by quitclaim deed and release unto CONE all its right, title, and interest in the water rights and interests owned by it, by virtue of the aforesaid deeds from Roy Riddel and wife, Myrtle Riddel, and S. E. Cone respectively to the CITY. Said quitclaim deed and release by CITY to CONE shall be substantially in the form, as shown by form, of quitclaim deed referred to as "Exhibit A", which is attached hereto and made a part hereof as if fully copied herein in detail in this place. Said quitclaim deed and release shall be executed and delivered by the CITY to CONE, upon payment by CONE to the CITY of the sum of $275,000.00 cash. It is contemplated that the exchange of such quitclaim deed and release for said payment shall occur in Lubbock, Lubbock County, Texas, within thirty (30) days from the date first above written in this contract, and time is declared to be the essence of this contract. II. CONE releases the CITY from all liability and responsibility for any and all claims, demands, causes of action, rulings, judgments, and regulatory demands related to the aforesaid water contamination of whatsoever kind or nature, and CONE hereby agrees to hold the CITY harmless from any and all such claims, demands, causes of action, rulings, judgments, and regulatory demands, and all costs and attorneys' fees in connection therewith related to the aforesaid water contamination and the defense of and payment for such claims and demands arising therefrom brought against the CITY. III. CITY retains ownership of all metal wellhouses located upon the above -described property, and shall have ingress, regress, and egress for 120 days after date of the said quitclaim deed and release from CITY to CONE to remove said metal wellhouses from the above -described CONE property as property of the CITY. If such metal wellhouses are not so timely removed by the CITY within the said 120 day period, then such metal wellhouses shall ipso facto become the property of CONE. IV. The wells, pumps, motors, and water collector lines presently owned by the CITY located upon the above -described CONE property shall, upon the completion and performance of this agreement by the parties, become the property of CONE. In connection therewith, CONE shall transfer all electric meter billings with the electrical utility supplier to his name so he shall be responsible for all electric meter billings after execution of this agreement. V. CITY retains ownership of all electric meters and transformers located upon the above -described property, placed by the CITY thereon or caused by the CITY to be placed thereon at its expense, and CITY shall have ingress, regress, and egress for 120 days after date of said quitclaim deed and release from CITY to CONE to remove said electric meters and transformers from the above -described CONE property as property of the CITY. If such electric meters and transformers are not so timely removed by the CITY within the said 120 day period, then such electric meters and transformers shall ipso facto become the property of CONE. April 25, 1991 Page 260 01 CITY retains ownership of its water collector line up to the CONE property line, and CITY retains the right to disconnect and/or modify said water collector line at the CONE property line. CONE shall not have the right to use any CITY owned water collector lines located off the CONE property; provided, however, the CITY may, at its sole discretion, allow CONE (under a separate agreement) to utilize CITY's collector line for remediation purposes to correct water contamination problems provided Texas Water Commission, Texas Railroad Commission, and any other necessary approvals are first had and obtained to do so. VII. This Agreement shall survive the execution of the quitclaim deed and release to be executed and delivered by CITY to CONE pursuant to this Agreement, and all the terms of this Agreement shall remain enforceable as between the CITY and CONE after delivery of such quitclaim deed and release. Executed in Lubbock, Texas, as of the date first above written in duplicate originals, each of which duplicate shall have the dignity of an original. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Dan A. Hawkins Dan A. Hawkins, Director of Water Utilities APPROVED AS TO FORM: /s/ Dennis W. McGill Dennis W. McGill, Trial Attorney CITY OF LUBBOCK By:/s/ B. C. McMinn B. C. McMINN, MAYOR /s/ Stephen E. Cone, Jr. STEPHEN E. CONE, JR. April 25, 1991 Page 261 STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, personally appeared B. C. McMINN, MAYOR of the City of Lubbock, and acknowledged to me that he executed the foregoing instrument for the purposes and consideration therein expressed and in the capacity as hereinabove stated as the act and deed of said City of Lubbock this 25th day of April, 1991. [Seal] STATE OF TEXAS § COUNTY OF LUBBOCK § /s/ Olivia R. Solis Notary Public in and for the State of Texas Olivia R. Solis Typed or Printed Name of Notary My Commission Expires: 11/30/93 BEFORE ME, the undersigned authority, personally appeared STEPHEN E. CONE, JR., and acknowledged to me that he executed the foregoing instrument for the purposes and consideration therein expressed this 25th day of April, 1991. /s/ Mary M. Ramsey Notary Public in and for the State of Texas Mary M. Ramsey [Seal] Typed or Printed Name of Notary My Commission Expires: 07/13/93 EXHIBIT A QUITCLAIM DEED AND RELEASE STATE OF TEXAS § COUNTY OF LUBBOCK § COMES NOW the City of Lubbock, a Texas Home Rule Municipality located in Lubbock County, Texas (hereinafter called "CITY") acting by and through its Mayor hereunto duly authorized for and in consideration of Ten and No/100 ($10.00) Dollars, and other good and valuable consideration to it in hand paid by Stephen E. Cone, Jr., also known as S. E. Cone, Jr., being one and the same person (hereinafter called "GRANTEE"). CITY hereby quitclaims and releases unto GRANTEE all the right, title, and interest of the CITY in the water rights in and under Section 14, Block JS, Lubbock County, Texas, except in East 47 varas of said Section conveyed to the CITY in warranty deed to said water rights from Roy Riddel and wife, Myrtle Riddel, to CITY, dated March 23, 1949, and recorded in Volume 382, Page 83 et seq. of the Deed Records of Lubbock County, Texas, and quitclaim deed to the CITY (as to said water April 25, 1991 Page 262 rights) executed by S. E. Cone, dated March 23, 1949, and recorded in Volume 377, Page 366 of the Deed Records of Lubbock County, Texas. Reference to said warranty deed and quitclaim deed being hereby made for a more particular description of the water rights conveyed to the CITY, it being the intention of the CITY, in this instrument, to quitclaim and release unto GRANTEE herein all property rights, including but not limited to water rights, which were conveyed to the CITY in the warranty deed and quitclaim deed next above described. CITY quitclaims all its right, title, and interest in and to the well, pump, motors, and collector lines placed by the CITY upon said Section 14 hereinabove referred unto the GRANTEE as his property. CITY retains, as its property, the metal well houses, electric meters, and transformers placed or caused to be placed by CITY upon said Section 14, and shall have ingress, regress, and egress in and to said Section 14 for 120 days from date of this instrument in which to accomplish removal of said well houses, electric meters, and transformers. If any of such well houses, electric meters or transformers, owned by the CITY, are not so removed within the said 120 day period, then such well houses, electric meters or transformers not so removed shall ipso facto become the property of the GRANTEE herein. The address of the GRANTEE, Stephen E. Cone, Jr., is P. 0. Box 10321, Lubbock, Texas 79408. EXECUTED this the 25th day of April, 1991. CITY OF LUBBOCK By:/s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Dan A. Hawkins Dan A. Hawkins, Director of Water Utilities APPROVED AS TO FORM: /s/ Dennis W. McGill Dennis W. McGill, Trial Attorney STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, personally appeared B. C. McMINN, Mayor of the City of Lubbock, and acknowledged to me that he executed the foregoing instrument for the purposes and consideration therein expressed and in the capacity therein stated as the act and deed of the City of Lubbock this 25th day of April, 1991. /s/ Olivia R. Solis Notary Public, State of Texas Olivia R. Solis Typed or Printed Name of Notary My Commission Expires: 11/30/93 April 25, 1991 Page 263 Previously, Mr. S.E. Cone, Sr. conveyed by Quit - Claim Deed all his ownership rights in sub -surface water under the property described in the Water Rights Settlement Agreement. Other persons having an interest conveyed their interest by General Warranty Deed. Following the conveyances, the oil and gas deposits under the land were developed by drilling a series of wells, and this development process and later production contaminated the City's water rights. The Texas Railroad Commission is requiring immediate remedial action which is very costly. The City has considered litigation to resolve the issues, and the investigation process led to discussion with the current property owner through his attorney, Mr. John Sims. City Staff determined that the sum of $275,000 was a reasonable settlement of the City's claim for environmental damage and further agreed to convey the contaminated water rights back to Mr. Cone with the agreement that he would hold the City harmless from any costs connected with the remedial action that will be required by the Railroad Commission. Staff memo advised that the monies received in the settlement may be used to obtain comparable uncontaminated water rights, and the settlement price is reasonable to avoid the expense of litigation and remediation. Staff recommended approval. Motion was made by Councilwoman Baker, seconded by Councilman Phillips to authorize Resolution #3599 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50A-263-222 (21A.) Consider Resolution #3600 naming the Dam at Lake Alan Henry. RESOLUTION #3600 RESOLUTION TO NAME THE DAM BEING CONSTRUCTED AT LAKE ALAN HENRY FOR THE HONORABLE JOHN T. MONTFORD, STATE SENATOR FROM THE 28TH SENATORIAL DISTRICT FOR THE STATE OF TEXAS. WHEREAS, the Honorable John T. Montford has represented the City of Lubbock and the 28th Senatorial District of the State of Texas with vision and leadership; and WHEREAS, the Honorable John T. Montford has provided invaluable service to the City of Lubbock in its efforts to ensure adequate water supplies well into the next century; and WHEREAS, the Honorable John T. Montford has worked tirelessly with the Texas Water Commission and other state agencies to obtain the Water Rights Permit necessary for this lake; and WHEREAS, the City of Lubbock gratefully acknowledges the help, assistance and leadership that it has received from the Honorable John T. Montford; and April 25, 1991 Page 264 WHEREAS, it is just and proper that such help, assistance and leadership be recognized; NOW THEREFORE, BE IT RESOLVED: THAT the Dam to be constructed at Lake Alan Henry shall henceforth be named the John T. Montford Dam and shall be so recognized on all City documents and records. Passed by the City Council this 25th day of April, 1991. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry J. Cunningham Larry J. Cunningham, City Manager APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney It was consensus of Council to name the dam at the Lake Alan Henry site for Senator John T. Montford because of his extraordinary efforts in assisting with the water rights permit, application, testimony, etc. This is the official resolution to provide the official naming of the John T. Montford Dam. Motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Patterson to authorize Resolution #3600 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50A-264-223 (21B.) Consider Resolution #3601 naming the Recreation Area at Lake Alan Henry. RESOLUTION 3601 RESOLUTION NAMING THE RECREATION AREA TO BE CONSTRUCTED ADJACENT TO LAKE ALAN HENRY FOR SAMUEL W. WAHL, FORMER DIRECTOR OF WATER UTILITIES FOR THE CITY OF LUBBOCK. WHEREAS, Samuel W. Wahl served the City of Lubbock faithfully as an employee for 39 years; and WHEREAS, Samuel W. Wahl rose through the ranks of employment to hold the position of Director of Water Utilities for the City of Lubbock; and WHEREAS, through Samuel W. Wahl's vision and leadership, the City recognized the need to provide a third water source for the City of Lubbock; and WHEREAS, Samuel W. Wahl worked tirelessly in his capacity as Director of Water Utilities to accomplish the acquisition and construction of a new reservoir to provide a third water source for the City of Lubbock; and April 25, 1991 Page 265 WHEREAS, the property at Lake Alan Henry was acquired to provide such third water source during Samuel W. Wahl's tenure as Director for Water Utilities; and WHEREAS, the City feels that it is just and proper to recognize the outstanding contributions that Samuel W. Wahl contributed to the City in the procurement of this third water source; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the recreation area adjacent to Lake Alan Henry shall henceforth be known as the Samuel W. Wahl Recreation Area and all City records shall henceforth reflect this designation. Passed by the City Council this 25th day of April, 1991. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry J. Cunningham Larry J. Cunningham, City Manager APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney 91-50A-265-224 (22.) /s/ B. C. McMinn B. C. McMINN, MAYOR In the same announcement to name the Dam at Lake Alan Henry last Friday, it was the consensus of Council to name the recreational or public access area at the Lake Alan Henry site in recognition and honor of former Director of Water Utilities Samuel W. Wahl. This is the official resolution ratifying the naming of the public access area at Lake Alan Henry as the Samuel W. Wahl Recreational Area. Staff recommended approval of both of these items. Motion was made by Councilman Aderton, seconded by Councilwoman Baker to authorize Resolution #3601 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. RESOLUTION #3602 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: April 25, 1991 Page 266 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 Electric Service Agreement for supplemental electric service by and between the City of Lubbock, acting through Lubbock Power & Light, and Texas Tech University, 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 25th day of April, 1991. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Carroll McDonald Carroll McDonald, Assistant City Manager of Utilities APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney ELECTRIC SERVICE AGREEMENT SUPPLEMENTAL ELECTRIC SERVICE This agreement is made this 25th day of April, 1991, by and between the City of Lubbock acting through Lubbock Power and Light, hereinafter referred to as LP&L and Texas Tech University, hereinafter referred to as the Customer. WITNESSETH: WHEREAS, the Customer has notified LP&L of its intent to install cogeneration facility on its property for the purpose of generating electric energy for its own use; and WHEREAS, LP&L wishing to encourage innovation in the energy field, is willing to furnish supplemental electric energy to the Customer when the Customer's generating facility is not available or operating. NOW THEREFORE, the Parties agree as follows: 1. LP&L will furnish electric service to the Customer at 480 volt three phase on a supplemental basis for periods when the Customer's own electric facilities are not operating. 2. Prior to installation, the Customer will submit to LP&L a diagram for his generators and all electrical protection devices showing the complete electrical circuit of same. The diagram will indicate, in the judgment of LP&L, that the Customer's system cannot deliver energy to the LP&L system if loss of LP&L voltage occurs. The diagram will also indicate, in the judgment of LP&L, that the Customer's system cannot cause damage to or shutdown of any portion of Lubbock Power and Light's system in the event of failure in the operation of Customer's system. No modification is to be undertaken to Customer's system as diagrammed without the express written approval of Lubbock Power and Light. April 25, 1991 Page 267 3. Upon completion of the facilities, the Customer will notify LP&L, and LP&L will inspect the facilities for compliance with the diagram and will test the operating characteristics of the facilities to assure the safety of LP&L's employees and accuracy of LP&L's meter(s) before authorizing the operation of the facilities. 4. It will be the Customer's sole responsibility to maintain the system, so as to guarantee the operation of the specific safety features which prevent energy from being delivered to LP&L's system during any failure of LP&L's system and the safety features necessary to separate the Customer's system from LP&L's system in the event of an electrical malfunction of Customer's system. 5. LP&L may at any time install or modify such equipment as it deems necessary using reasonable and prudent engineering practices to protect the safety of its employees as a result of the operation of the facilities, and the Customer for reasonable costs shall reimburse LP&L for the cost of such installation or modifications upon receipt of a billing statement from LP&L. 6. LP&L will install a detent on the watt-hour meter used to register the electrical energy provided to the Customer and also install a detent on a watt-hour meter to register any electrical energy provided by the Customer to the LP&L system. 7. The Customer will pay LP&L's costs in installing and providing watt-hour meters with detents which will be used in registering the electrical energy LP&L will provide to the Customer and the electrical energy the Customer may provide to LP&L. 8. The Customer will at all times be in compliance with all valid rules and regulations of LP&L and with all rules, regulations and ordinances of the City of Lubbock. 9. LP&L employees will have the right to enter upon the Customer's property at any reasonable time for the purpose of inspecting Customer's facility or servicing LP&L's equipment and making additional tests to ensure continued safe operation and the accuracy of its meter, but such inspections shall not relieve the Customer from his obligation to maintain the facilities in satisfactory operating condition. 10. If, in the sole judgment of LP&L, the operation of the Customer's system is determined to be physically detrimental to LP&L, LP&L may require the Customer to disconnect the facilities from LP&L's system and in the event the Customer fails to immediately comply with such notice, LP&L may discontinue supplemental service to the Customer. 11. To the extent authorized by the Laws and Constitution of the State of Texas, the Customer will indemnify, protect and hold harmless LP&L, its officers, agents and employees against all claims, demand, loss, damage, costs, expense and liability resulting from injury to or death of any person or damage to any property, arising out of customers performance of this agreement. 12. The Customer agrees to pay a monthly supplemental charge of $2.70 per KW on the rated demand capacity of the Customer installed cogeneration unit for which LP&L will provide supplemental service. This supplemental charge will be waived during any month in which the Customer's generating facility has been out of service for a length of time sufficient to cause the load capacity, which would have been served by the Customer's generating facility, to register on LP&L's demand meters. April 25, 1991 Page 268 Energy and Demand provided will be billed under the billing system described in the Energy Agreement between Texas Tech University, Texas Tech Health Sciences Center, City of Lubbock, and Lubbock Power and Light, dated March 21, 1988, with the understanding that energy out of the Tech system into the LP&L system will be metered. Lubbock Power and Light will credit Texas Tech for this energy placed into the LP&L system at a rate equal to LP&L's actual fuel cost adjustment for that month. The credit will be placed on the billing month following the month in which the actual energy flowed into the LP&L system. For the purposes of this agreement, the actual fuel cost adjustment will be the sum of the actual fuel bill, plus any payments made for non -firm energy purchases, plus the portion of firm energy purchases due to a fuel recovery factor, this sum will be divided by the actual energy sales. The resulting factor will be the actual fuel cost adjustment. 13. If the actual supplemental demand capacity exceeds the rated demand capacity, then the actual supplemental demand capacity of the cogeneration unit will determine the monthly supplemental charge for the current billing month plus the supplemental charge for the next eleven months. 14. No assignment of this agreement or of any right accruing hereunder shall be made, in whole or in part, by Customer without the prior consent of LP&L. 15. This agreement shall become effective immediately upon the completion of the customers cogeneration facilities and shall continue in effect until terminated (except as to paragraph 10 if applicable) by either party upon a one year written notice given to the other party. April 25, 1991 Page 269 In Witness Whereof, the City of Lubbock and Texas Tech University have executed this agreement as of the date first above written. EXECUTED this 25th day of April, 1991. TEXAS TECH UNIVERSITY BY:/s/ Robert W. Lawless President Title ATTEST: CITY OF LUBBOCK /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Carroll McDonald Carroll McDonald, Assistant City Manager of Utilities APPROVED AS TO FORM: Ls/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Texas Tech University is in the process of installing a 935 Kw Back Pressure Turbine at its Central Heating and Cooling Plant No. 1 designed to improve the heating and cooling systems efficiency. This turbine will also offset up to 935 Kw of load presently served by Lubbock Power and Light. In order to keep the same level of reliability to these loads. The University has requested that Lubbock Power and Light provide stand-by service to that facility. Lubbock Power and Light has negotiated with the University and developed the Supplemental Electric Service Agreement which would require the University to pay all costs to set up the stand-by service and to pay Lubbock Power and Light $2.70 per Kw per month to offset dedicated system value and maintenance costs. The University would be billed under the City's normal rate structure during months in which their unit out of service for at least 30 minutes. The proposed Agreement would continue until terminated by either party upon a one-year written notice to the other party. April 25, 1991 Page 270 91-50A-270-225 (29.) Motion was made by Councilman Phillips, seconded by Councilwoman Trejo to authorize Resolution #3602 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. RESOLUTION #3603 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 Acknowledgment of Satisfaction and Release of Judgment in the case of Anadarko Development Company and Taylor Petroleum, Inc. v. The City of Lubbock, 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 25th day of April, 1991. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: Ls/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Jim Bertram Jim Bertram, Assistant City Manager APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS LUBBOCK DIVISION ANADARKO DEVELOPMENT COMPANY § and TAYLOR PETROLEUM, INC. § Plaintiffs § § CA5-90-0050-C v § THE CITY OF LUBBOCK, § Defendant § ACKNOWLEDGEMENT OF SATISFACTION AND RELEASE OF JUDGMENT On January 10, 1991, the Court entered Judgment in this matter in favor of the City of Lubbock and against ANADARKO DEVELOPMENT COMPANY and TAYLOR PETROLEUM, INC. April 25, 1991 Page 271 CITY OF LUBBOCK hereby acknowledges payment and satisfaction of such Judgment, and releases any liens or other right in favor of CITY OF LUBBOCK as a result of such Judgment and declares all such liens and rights as a result of such Judgment to be null and void. Any such rights in favor of CITY OF LUBBOCK as a result of the Judgment of the Court of January 10, 1991, which survive this acknowledgment of satisfaction of Judgment, are transferred and assigned to ANADARKO DEVELOPMENT COMPANY and TAYLOR PETROLEUM, INC., jointly. EXECUTED this 25th day of April, 1991, by the undersigned, who is and has been duly authorized by the CITY OF LUBBOCK to execute this document for the purposes and consideration stated hereinabove. CITY OF LUBBOCK By: B. C. McMinn B. C. McMinn, Mayor In the Spring of 1988, City inspectors and Housing Standards Commission considered and acted on a case involving property at 3704 34th Street which was accessible to minors and poses a danger and hazard. As a result of the initiation of procedures and failure of the property owner to respond to notices and a hearing, the property was demolished. Suit was filed by the property owner against the City, individuals involved in the transaction on behalf of the City, and the individual members of the Housing Standards Commission. Suit was for recovery of damages, violation of civil rights, attorneys' fees and costs, and exemplary damages. Damages were alleged in excess of $1,600,000. The City of Lubbock prevailed in the case, and Judgment was entered on behalf of the City for expenses of demolition, as well as remediation expenses to clean up hydrocarbon residue from a leaking underground storage tank located on the land at the time of the demolition. The original plaintiffs finally agreed to settle the case and pay the City $43,250. The City has agreed to accept that amount and now must execute a Notice of Satisfaction and Release of Judgment in the Federal Court lawsuit, and this Resolution gives the authority for release of judgment on behalf of the City. Motion was made by Councilwoman Baker, seconded by Councilman Phillips to authorize Resolution #3603 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50A-271-226 (30.) Consider Resolution #3604 joining the Texas Municipal League Telephone Franchise Study Committee. RESOLUTION #3604 A RESOLUTION BY THE CITY COUNCIL OF LUBBOCK, TEXAS, APPROVING PARTICIPATION IN TELEPHONE FRANCHISE STEERING COMMITTEE; AND DECLARING AN EFFECTIVE DATE. April 25, 1991 Page 272 WHEREAS, the City has a public responsibility to protect the public rights -of -way and easements and to require the telephone company to assume certain duties and responsibilities regarding such easements and rights -of -way by means of reasonable terms and conditions in a franchise ordinance; and WHEREAS, a steering committee of cities could share information, develop a model ordinance, obtain special legal and auditing counsel and provide further assistance to the member cities in the adoption of franchise ordinances with the telephone utility company; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lubbock, Texas: Section 1. That the participation by the City in the Telephone Franchise Steering Committee is hereby approved and does not obligate the City to any payment. Section 2. It is anticipated that a pro-rata fee shall be assessed by the Telephone Franchise Steering Committee at a later date. Such financial obligation shall require the approval of a separate resolution. Such fee shall be based upon expected costs for the purposes stated above and be determined by the population of the City. Section 3. That this resolution shall be effective when adopted. PASSED, APROVED, AND ADOPTED this the 25th day of April, 1991. /s/ B. C. McMinn B. C. McMinn, Mayor ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary The Texas Municipal League is organizing a group of cities who are looking into the problems related to telephone franchises in Texas. The Committee will have a repository of information to ensure a degree of uniformity in state-wide negotiations of the individual agreements. At this time there is no cost related to participating with this group, nor is there an obligation to agree or disagree with anything the group recommends. Staff recommended approval of this Resolution. Motion was made by Councilwoman Trejo, seconded by Mayor Pro Tem Patterson to authorize Resolution #3604 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50A-272-227 (31.) BID #11217--Motor controllers (Central Warehouse). Lubbock Electric Company--2 ea. Medium voltage controller. Motion was made by Councilwoman Baker, seconded by Councilman Aderton to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. April 25, 1991 Page 273 91-50A-273-228 (32.) BID #11263--SDR pipe (Central Warehouse). Big Country Waterworks, Early--1,760' 8" SDR 35 sewer pipe; 3,760' 10" SDR 35 pipe; 6,320' 15" SDR 35 pipe. Oberkampf of Lubbock--2,000' 18" SDR 35 pipe. Motion was made by Councilwoman Baker, seconded by Councilman Aderton to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 91-50A-273-229 (33.) BID #11227--Spectrophotometer and ovens (Water Reclamation). Scientific Products, Grand Prairie --I ea. Gravity Convection Oven; 1 ea. Mechanical Oven. Milton Roy Company, Rochester, NY --I ea. UV Visible Spectrophotometer. Motion was made by Councilwoman Baker, seconded by Councilman Aderton to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 91-50A-273-230 (34.) BID #10693--Roof repair at Mahon Library, and authorize same (Building Services). RESOLUTION #3605 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 Texas Roofing Company for roof repairs at various City buildings, 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 25th day of April, 1991. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Gene Eads Gene Eads, Purchasing Manager APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney April 25, 1991 Page 274 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 25th day of April, 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 Texas Roofing Company 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. 10693--Roof Repair at Mahon Library (Building Services) in the amount of $133,193.00. and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: CITY OF LUBBOCK, TEXAS (OWNER) /s/ Ranette Boyd /s/ B. C. McMinn Secretary Mayor LU' '%19��1.1►�t�Idil►�1�� :�]�:ZiP/��1:1,��lY�l:h'�A ATTEST: Secretary /s/ Texas Roofing Company CONTRACTOR By: TITLE: COMPLETE ADDRESS: Texas Roofing Company 1902 Avenue F Lubbock, Texas 79408 April 25, 1991 Page 275 Motion was made by Councilwoman Baker, seconded by Councilman Aderton to authorize Resolution #3605 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50A-275-231 (35.) BID #11253--Hydraulic drum puller tensioner (Central Gara e . Hycaloader Sales & Service, Noble, LA--1 ea. Hydraulic Drum Puller/Tensioner. Motion was made by Councilwoman Baker, seconded by Councilman Aderton to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 91-50A-275-232 (36.) BID #11209--Traffic Signal Controllers (Traffic). Traffic Engineering & Controls, Huntsville -- Controller, Caltrans Type 170 with Laptop Computer & Printer; Controller, Caltrans Type 170; Controller, Caltrans Type 170 with Laptop Computer. Motion was made by Councilwoman Baker, seconded by Councilman Aderton to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 91-50A-275-233 (37.) BID #11260--Wire receptacles and cables (Central Warehouse). Fields & Co.--50 ea. Mounting bracket. Graybar Electric Co., Inc., Amarillo--100 ea. 5/16"X2' wire tyes-heavy duty; 50 ea. 1" EMT box connector; 1,500' Green No. 12 THHN 600V copper wire. Nelson Electric Supply--100 ea. 1/2"X6" machine bolt; 200 ea. 6' tree guard; 8,000' 4/0 Quad in pipe cable. Westinghouse Electric Supply--5,000' 1/0 Quad in pipe cable. Temple, Inc.--100 ea. 200 AMP deadend receptacle. Cummins Supply Co.--18 ea. 4/0 15KV-19 strand concentric alum. cable. Motion was made by Councilwoman Baker, seconded by Councilman Aderton to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 91-50A-275-234 (38.) BID #11233--Off Highway Equipment (Central Garage). Scott Tractor & Equipment--3 ea. Tractor, 72PTO HP Spec 924; 1 ea. 15'5" offset disk Spec 992; 1 ea. 12' offset disk Spec 993; 1 ea. tractor, backhoe w/front end loader Spec 942. Yellowhouse Machinery Co.--1 ea. Tractor, backhoe w/front end loader Spec 905; 1 ea. Vibratory Compactor Roller Spec 999. April 25, 1991 Page 276 91-50A-276-235 (39.) 91-50A-276-236 ( 6.) Associated Supply Co.--1 ea. Forklift, 9000 lb. capacity Spec 933; 1 ea. Forklift, 10000 lb. capacity Spec 934; 1 ea. Excavator, 52000 lb. Spec 945. Caprock Vermeer Equipment--1 ea. Trancher w/backhoe, 50HP Spec 922. Western Clarklift & Supply--1 ea. Forklift, 5000 lb. capacity Spec 932. Western Implement--1 ea. Tractor, 140 PTO HP Spec 998. Ditch Witch Southwest--1 ea. Trencher, Diesel 230 Cu/In 70 HP Spec 918. H&H Trailer--3 ea. Trailer, three axle Drive On Spec 2922. Motion was made by Councilwoman Baker, seconded by Councilman Aderton to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. BID #11262--PVC pipe (Central Warehouse). Western Industrial Supply--2,000' 12" C900 PVC pipe. Motion was made by Councilwoman Baker, seconded by Councilman Aderton to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #9428--ZONE CASE #2669 (2802 50th Street)- -Hold a Public Hearing to consider request of Scotty P. Oman for a zoning change from C-2A to C-2 on Lots 5-7. Block 27, Modern Manor Addition. ORDINANCE #9428 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2669; A ZONING CHANGE FROM C-2A TO C-2 ZONING ON LOTS 5-7, BLOCK 27, MODERN MANER ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Scotty P. Oman appeared to present this request for zone change. No one appeared in opposition, and Mayor McMinn closed the hearing at 10:31 a.m. Assistant City Manager Jim Bertram stated that the existing zoning for this parcel (located at 50th and Canton) is C-2A with a condition for 25' of setback from the rear property line and a fence on the north property line. The proponent is requesting to build an addition to the structure with less setback, and for permission to use the structure as a furniture store which is not currently a permitted use in the C-2A District. April 25, 1991 Page 277 Mr. Bertram gave the adjacent land use relationships as follows: North - residential South - commercial East - commercial West - commercial The request represents no deviation from the Comprehensive Land Use Plan, and the area along 50th is noted as commercial. C-2A was originally developed to address the strip commercial along 50th that backs up to residential across the alley. As the Code has been amended during the last 20 years, the additional permitted uses in C-2 over and above the list of permitted uses in C-2A have not proved a detriment in the strip development along 50th. The adjacent properties are C-2. According to Staff memo, the request should have no effect on traffic, and the site should accommodate the proper number of parking spaces for the additional building square footage. There were no public comments at the P&Z Hearing, and Staff supported the Planning and Zoning Commission recommendation with the following condition. 1. The required fence shall meet the Code stepdown for side property line fences in residential. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Maloy to pass on first reading Ordinance #9428 with condition recommended by P&Z and City Staff. Motion carried: 7 Yeas; 0 Nays. 91-50A-277-237 ( 7.) ORDINANCE #9429--ZONE CASE #2670 (approximately 3056' west of Upland Avenue and north of 34th Street) --Hold a Public Hearing to consider request ORDINANCE #9429 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2670; A ZONING CHANGE FROM R-1 TO C-4 ZONING ON A TRACT OUT OF SECTION 42, BLOCK A-K, TO BE KNOWN AS WILDERLAND ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. A.R. Howard appeared on behalf of Ranfive, Inc. to present this request for zone change. No one appeared in opposition, and Mayor McMinn closed the hearing at 10:34 a.m. April 25, 1991 Page 278 91-50A-278-238 ( 8.) Assistant City Manager Jim Bertram gave the adjacent land use relationships as follows: North - vacant R-1 South - industrial East - vacant R-1 West - industrial The property under ownership of Ranfive, Inc. was annexed in 1984 as part of the West Lubbock Annexation. The Comprehensive Land Use Plan indicates IDP and commercial just west of this location and IDP south of 34th between Upland and Alcove. The immediate heavy industrial uses and spur railroad line created a different circumstance for development of the Comprehensive Plan in this area. While this parcel is outside the area marked on the Plan, the corporation proposing the change owns adjacent property. Approval of the request represents a minor change for the Comprehensive Land Use Plan. According to Staff memo, the request should have no effect on traffic. Subject to the C-4 uses below being excluded, Staff recommended the proposal: (11) Billboards (46) Portable building sales (50) Rental Stores (60) Swimming pool sales (outside storage allowed) (61) Trailer and truck rentals Staff recommended approval with exclusion of the uses above, as proposed by the Planning and Zoning Commission. Motion was made by Councilwoman Baker, seconded by Councilman Phillips to pass on first reading Ordinance #9429 with exclusion of C-4 uses recommended by P&Z and City Staff. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #9430--ZONE CASE #2255-C (63rd Street/64th Street and Genoa Avenue) --Hold a Public Hearing to consider request of Henry L. Huneke (for Lubbock utility lines) on tracts out of Section 36, Block A- K. ORDINANCE #9430 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2255-C; A ZONING CHANGE FROM GO TO C-4, C-2 TO GO, C-2 TO C-4 AND C-4 TO C-2 ZONING ON TRACTS OUT OF SECTION 36, BLOCK A-K, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. April 25, 1991 Page 279 Lloyd Croslin appeared on behalf of Lubbock Development, Inc. to present this request for zone change. No one appeared in opposition. Mayor McMinn closed the hearing at 10:36 a.m. According to Staff memo, this request is to match the lot lines as the property has been platted. Assistant City Manager Jim Bertram gave the adjacent land use relationships as follows: North - commercial South - commercial East - commercial West - commercial This proposal is consistent with Comprehensive Land Use Plan and Zoning Policy, and the request will have no effect on the traffic. Staff supported the request with the C-4 areas tied to the permitted uses in the existing Zone Case #2255-B. Those permitted uses include: 1. Automobile body shops, outside storage limited to customer vehicles only. 2. Automobile brake shop. 3. Automobile glass shop. 4. Automobile seat cover and upholstery shop. 5. Automobile transmission shop. 6. Automobile and recreational vehicle sales and service (may include body and paint shop, as accessory use). 7. Barber and beauty shop supply dealer. 8. Boat and boat trailer sales and service. 9. Builders supply. All materials must be in building. 10. Cafe supply dealer, fixtures. 11. Canvas goods shop, tents and awnings (no manufacturing). 12. Dairy supply dealer. 13. Electrical equipment repairs. 14. Frozen food lockers. 15. Garage, public, repair. (Outside storage of customer automobiles authorized.) All work and separate parts shall be inside a building. April 25, 1991 Page 280 16. Garden center. 17. Gasoline service station. (Business permitted outside of building and outside displays of products permitted within three (3)' of the building). 18. Golf driving range. (Business permitted outside of building). 19. Greenhouse and plant nursery. 20. Hotel or motel. 21. Hot tamale plant. 22. Janitorial or cleaning service. 23. Job printing and lithographing. 24. Laboratory, chemical, general analysis. 25. Laundry, commercial. 26. Linen and towel supply service. 27. Lumber yard, with no mill. All materials must be in a building. 28. Magazine agency. 29. Motorcycle shop, including sales, rentals and service. 30. Muffler shop. 31. Nonprofit training centers with retail sales. 32. Pest control service. 33. Print shop. 34. Produce market. 35. Public kennel (totally within a building). 36. Rental store. 37. Restaurants. (Business permitted outside of building). 38. Restaurants, with the sale of alcoholic beverages as in incidental use, except that no mixed alcoholic beverage sales shall be made or delivered to occupants in motor vehicles. 39. Sign shops, limited to window lettering, painted wall signs, banners and desk signs. 40. Store fixtures sales (no manufacturing permitted). April 25, 1991 Page 281 41. Trailer and truck sales, rental or service. 42. Trailer and truck rental utility. 43. Upholstery shop --Furniture. 44. Veterinary hospital (totally within a building). 45. Wholesale house, sales office and storage --No cotton storage. 46. All unconditionally permitted C-3 uses. Motion was made by Councilman Maloy, seconded by Mayor Pro Tem Patterson to pass on first reading Ordinance #9430 with the C-4 areas tied to the permitted uses in the existing ZC#2255-B as recommended by P&Z and City Staff. Motion carried: 7 Yeas; 0 Nays. 91-50A-281-239 ( 9.) ORDINANCE #9431--ZONE CASE #2261- ORDINANCE #9431 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2261-C; A ZONING CHANGE FROM R-1 TO C-2 AND CHANGE R-1 AND R-2 TO A-2 ZONING, LIMITED TO A CHURCH AND CHURCH RELATED USES ON TRACTS OUT OF SECTION 28, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Lloyd Croslin appeared on behalf of H.A. Sessions to present this request for zone change. No one appeared in opposition. Mayor McMinn closed the hearing at 10:43 a.m. The request will rezone a small triangle from R-1 to C-2 north of the existing furniture store and a tract approximately 950' deep from Spur 327 for church and church -related uses. There were comments about development or plat related concerns, and in particular, the extension of 64th to Chicago. When the architect drew the Site Plan, he extended 64th straight to Chicago from a stub on Elkhart simply to finish the drawing. The neighborhood to the west did not express as much concern for the proposed church as a land use as they did for the extension of 64th. The street would be a direct connection from Chicago to Frankford. April 25, 1991 Page 282 The existing approved preliminary plat illustrates a disposition for 62nd and 64th, east to Dover with an offset 63rd connecting Dover to Chicago, and this scheme would fit the existing R-2 zoning. Both 62nd and 64th have been stubbed from Elkhart to go east since the Farrah del Norte plat was recorded in 1978. Any presumption by the residents that the streets would be dead end was in error unless the current plat is amended. Assistant City Manager Jim Bertram gave the adjacent land use relationships as follows: North - Spur 327 South - R-2, undeveloped East - commercial West - residential The Comprehensive Plan notes that church requests should be located on the perimeter of neighborhoods adjacent to major thoroughfares, and this location meets that criterion. With the public comments presented at the P&Z meeting in mind, Staff recommended an alternative design for 62nd and 64th. A large number of the residents seemed satisfied, although several still expressed opposition to the church as a land use. The Planning Department mailed a memo to persons in the notice area as well as those who registered at the hearing with maps. The Planning and Zoning Commission approved the request with the following conditions: 1. A screen fence is required along the entire west property line (approximately 9801) and 310' on the south property line from the south- west corner. 2. The church tract shall have no access to 62nd or 64th Streets. 3. The request is limited to church and church related uses. 4. The street pattern in the plat approved April 3, 1983 is modified: a. 62nd Street shall remain a stub, ending at the alley east of Elkhart Avenue. b. 64th Street may be extended to the proposed Dover Avenue, and shall not continue east to Chicago. 5. Prior to issuance of a construction permit, the Planning Commission shall review and approve a site plan. Notice shall be sent to the 200' notice area. Staff supported the recommendation of the Planning and Zoning Commission with the noted conditions. April 25, 1991 Page 283 Motion was made by Councilman Maloy, seconded by Mayor Pro Tem Patterson to pass on first reading Ordinance #9431 with conditions recommended by P&Z and City Staff. Motion carried: 7 Yeas; 0 Nays. At 11:00 a.m., Mayor McMinn announced that no additional bids for Item #'s 23-24 would be received. Present for the action on these items was Joe W. Smith, First Southwest Corporation, who is the City's Financial Advisor. Elbert Morrow and Mark Westergard, Fulbright & Jaworski, the City's Bond Attorney's, were present with Mr. Smith for the 1:30 p.m. session. 91-50A-283-240 (23.) Consider Ordinance #9432 authorizing the issuance of $7,500,000 "City of Lubbock, Texas Electric Light and Power System Revenue Bonds, Series 1991"; Electric Light and Power System to the payment of the principal of and interest on said bonds; enacting provisions incident and related to the issuance, payment, security, sale and delivery of ORDINANCE #9432 AN ORDINANCE AUTHORIZING THE ISSUANCE OF $7,500,000 "CITY OF LUBBOCK, TEXAS, ELECTRIC LIGHT AND POWER SYSTEM REVENUE BONDS, SERIES 1991"; PRESCRIBING THE FORMS, TERMS, AND PROVISIONS OF SAID BONDS; PLEDGING THE NET REVENUES OF THE CITY'S ELECTRIC LIGHT AND POWER SYSTEM TO THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BONDS; ENACTING PROVISIONS INCIDENT AND RELATED TO THE ISSUANCE, PAYMENT, SECURITY, SALE AND DELIVERY OF SAID BONDS, INCLUDING THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO, AND PROVIDING AN EFFECTIVE DATE. These Electric Revenue Bonds are solely secured by Electric Revenue Funds and are for construction of an Electric Substation in the south part of the City and to relocate Electric Utility facilities in the Right -of -Way of the East-West Freeway. Bids were received as follows: First Southwest Company & Associates Net Interest Cost: $5,227,609.37 Interest Rate: 6.691340% Lehman Bros. & Associates Net Interest Cost: $5,283,968.75 Interest Rate: 6.76348% Prudential Securities, Inc. Net Interest Cost: $5,202,562.50 Interest Rate: 6.6592% Kemper Securities Group, Inc. Net Interest Cost: $5,202,734.38 Interest Rate: 6.6595% April 25, 1991 Page 284 Motion was made by Councilman Aderton, seconded by Councilwoman Baker to accept low bid of Prudential Securities, Inc. at $5,202,562.50 and at 6.6592% and to pass on first reading Ordinance #9432 authorizing the issuance of $7,500,000 "City of Lubbock, Texas Electric Light and Power System Revenue Bonds, Series 1991"; prescribing the forms, terms and provisions of said bonds; pledging the net revenues of the City's Electric Light and Power Revenues of the City's Electric Light and Power System to the payment of the principal of and interest on said bonds; enacting provisions incident and related to the issuance, payment, security, sale and delivery of said bonds, including the approval and distribution of an official statement pertaining thereto, and providing an effective date. Motion carried: 7 Yeas; 0 Nays. (24.) Consider Ordinance #9433 approving and authorizing the execution and delivery of "City of Lubbock, Texas Public Property Finance Contractual Obligations, Taxable Series 1991"; specifying the terms of such contracts; making provisions for the payment thereof; and resolving other matters incident and related to the execution, performance and payment of such contracts, including the approval and execution of a Special Escrow Deposit Agreement for the acquisition of property; and providing an effective date. ($1,085,0001 ORDINANCE #9433 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF "CITY OF LUBBOCK, TEXAS, PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATIONS, TAXABLE SERIES 199111; SPECIFYING THE TERMS OF SUCH CONTRACTS; MAKING PROVISIONS FOR THE PAYMENT THEREOF; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE EXECUTION, PERFORMANCE AND PAYMENT OF SUCH CONTRACTS, INCLUDING THE APPROVAL AND EXECUTION OF A SPECIAL ESCROW DEPOSIT AGREEMENT FOR THE ACQUISITION OF PROPERTY; AND PROVIDING AN EFFECTIVE DATE. Based on the arrangement that the primary beneficiary of this debt instrument will be the Omnimax Corporation, these contractual obligations are taxable obligations and must be separate from the other issues. They are secured by the full faith and credit of the City, as with the 5010 Certificates of Obligation for the construction of the theater building. Bids received were as follow: First Southwest Company Net Interest Cost: $990,564.06 Interest Rate: 9.010247% Lehman Bros. & Associates Net Interest Cost: $1,046,709.38 Interest Rate: 9.5209% Clayton Brown & Associates Net Interest Cost: $1,042,207.64 Interest Rate: 9.4800% April 25, 1991 Page 285 Motion was made by Councilwoman Baker, seconded by Councilwoman Trejo to accept low bid of First Southwest Company at $990,564.06 and at 9.010247% and to pass on first reading Ordinance #9433 approving and authorizing the execution and delivery of "City of Lubbock, Texas Public Property Finance Contractual Obligations, Taxable Series 1991"; specifying the terms of such contracts; making provisions for the payment thereof; and resolving other matters incident and related to the execution, performance and payment of such contracts, including the approval and execution of a Special Escrow Deposit Agreement for the acquisition of property; and providing an effective date._($1,085,000). Motion carried: 7 Yeas; 0 Nays. 91-50A-285-242 (40.) Hold an Executive Session to discuss personnel matters regarding duties, responsibilities and/or appointments to• 91-50A-285-243 (41.) Permit and License Appeal Board Dr. Jack Rudd are due to expire on April 27, 1991. Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Patterson to reappoint Dr. Weston Pettey, Dr. Jack Rudd, and John L. Wilson and to appoint Roy Roberts and Rick Harris to the Permit and License Appeal Board. Motion carried: 7 Yeas; 0 Nays. The Council reconvened at 1:28 p.m. and Mayor McMinn announced that no additional bids would be accepted for Item #'s 25-28. 91-50A-285-244 (25.) Consider Ordinance #9434 authorizing the issuance of "City of Lubbock, Texas General Obligation Bonds, Series 1991"; specifying the terms and features of said bonds; levying a continuing direct annual ad valorem tax for the payment of said bonds; and pertaining thereto; and providing an effective date. ($2,000,000) ORDINANCE #9434 AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF LUBBOCK, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1991"; SPECIFYING THE TERMS AND FEATURES OF SAID BONDS; LEVYING A CONTINUING DIRECT ANNUAL AD VALOREM TAX FOR THE PAYMENT OF SAID BONDS; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, PAYMENT AND DELIVERY OF SAID BONDS, INCLUDING THE APPROVAL OF AN OFFICIAL STATEMENT PERTAINING THERETO; AND PROVIDING AN EFFECTIVE DATE. April 25, 1991 Page 286 These General Obligation Bonds are for the purpose of street improvements, which include street widening, two intersections and improvements to the traffic signal system. These are standard General Obligation Bonds which were approved in the 1987 Bond Election and will be supported by the full faith and credit of the City. Bids received were as follow: NCNB Capital Markets, Inc. Net Interest Cost: $1,373.050.00 Interest Rate: 6.697805% Rausher Pierce Refsnes & Associates Net Interest Cost: $1,370,737.50 Interest Rate: 6.686524% Kemper Securities Group, Inc. Net Interest Cost: $1,395,562.50 Interest Rate: 6.807622% Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Phillips to accept low bid of Rausher, Pierce, Refsnes at $1,370,737.58 and at 6.686524% and to pass on first reading Ordinance #9434 authorizing the issuance of "City of Lubbock, Texas General Obligation Bonds, Series 1991"; specifying the terms and features of said bonds; levying a continuing direct annual ad valorem tax for the payment of said bonds; and resolving other matters incident and related to the issuance, sale, payment and delivery of said bonds, including the approval of an Official Statement pertaining thereto; and providing an effective date ($2,000,000). Motion carried: 7 Yeas; 0 Nays. 91-50A-286-245 (28.) Consider Ordinance #9435 authorizing the issuance of "City of Lubbock, Texas, Combination Tax and including the approval and distribution of an Official Statement pertaining thereto; and providing an effective date. ($16,120,000) ORDINANCE #9435 AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF LUBBOCK, TEXAS, COMBINATION TAX AND WATERWORKS SYSTEM SUBORDINATE LIEN REVENUE CERTIFICATES OF OBLIGATION, SERIES 1991"; LEVYING AN AD VALOREM TAX UPON ALL TAXABLE PROPERTY IN THE CITY AND PLEDGING THE NET REVENUES OF THE CITY'S WATERWORKS SYSTEM FOR THE PAYMENT OF SAID CERTIFICATES; PREXCRIBING THE TERMS AND DETAILS OF SUCH CERTIFICATES AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, SECURITY, PAYMENT AND DELIVERY OF SAID CERTIFICATES, INCLUDING THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AND PROVIDING AN EFFECTIVE DATE. April 25, 1991 Page 287 These Certificates of Obligation are for expansion and renovation of the Water Treatment Plant primarily to satisfy requirements of the Safe Drinking Water Act. These Certificates are secured by the full faith and credit of the City, along with a limited revenue pledge and will be fully self - supported by Water Revenues. Bids received are as follow: NCNB Capital Markets Net Interest Cost: $11,060,598.75 Interest Rate: 6.687581% Rausher Pierce Refsnes & Associates Net Interest Cost: $10,980,961.88 Interest Rate: 6.639435% Kemper Securities Group, Inc. Net Interest Cost: $11,069,921.25 Interest Rate: 6.69322% Motion was made by Councilwoman Baker, seconded by Councilman Phillips to accept low bid of Rausher, Pierce, Refsnes at $10,980,961.88 and at 6.639435% and to pass on first reading Ordinance #9435 authorizing the issuance of "City of Lubbock, Texas, Combination Tax and Waterworks System Subordinate Lien Revenue Certificates of Obligation, Series 1991"; levying an ad valorem tax upon all taxable property in the City and pledging the net revenues of the City's Waterworks System for the payment of said certificates; prescribing the terms and details of such certificates and resolving other matters incident and related to the issuance, sale, security, payment and delivery of said certificates, including the approval and distribution of an Official Statement pertaining thereto; and providing an effective date._($16,120,000). Motion carried: 7 Yeas; 0 Nays. 91-50A-287-246 (27.) Consider Ordinance #9436 authorizing the issuance of "City of Lubbock, Texas, Combination Tax and Exhibition Hall/Auditorium (Limited Pledge) Revenue payment, security, sale and delivery of said certificates, including the approval and distribution of an Official Statement pertaining thereto and the execution of a Paving Agent/Registrar Agreement in connection therewith; and providing an effective date. ($4,030,000) April 25, 1991 Page 288 ORDINANCE #9436 AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF LUBBOCK, TEXAS, COMBINATION TAX AND EXHIBITION HALL/AUDITORIUM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 199111; SPECIFYING THE TERMS AND FEATURES OF SAID CERTIFICATES; PROVIDING FOR THE PAYMENT OF SAID CERTIFICATES OF OBLIGATION BY THE LEVY OF AN AD VALOREM TAX UPON ALL TAXABLE PROPERTY WITHIN THE CITY AND A LIMITED PLEDGE OF THE NET REVENUES FROM THE OWNERSHIP OF THE CITY'S EXHIBITION HALL/AUDITORIUM; AND RESOLVING OTHER MATTERS INCIDENT AND RELATING TO THE ISSUANCE, PAYMENT, SECURITY, SALE AND DELIVERY OF SAID CERTIFICATES, INCLUDING THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO AND THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. These Certificates of Obligation are specifically referred to in the law as 501C3 certificates and therefore must be issued separately and apart from other certificates. The certificates are solely tax supported with a limited revenue pledge and are for construction of the OmniMax Theater building, acquisition of land and other ancillary improvements for the theater and Spectrum building. Staff will receive $200,000 per year from the Science Spectrum; however, the credit behind the certificates is a full faith and credit of the City (the tax base). Bids were received as follows: NCNB Capital Markets Net Interest Cost: $2,779,256.25 Interest Rate: 6.694780% Rausher Pierce Refsnes & Associates Net Interest Cost: $2,768,912.50 Interest Rate: 6.669266% Kemper Securities Group, Inc. Net Interest Cost: $2,816,262.50 Interest Rate: 6.783314% Motion was made by Councilman Aderton, seconded by Mayor Pro Tem Patterson to accept low bid of Rausher, Pierce, Refsnes at $2,768,912.50 and at 6.669266% and to pass on first reading Ordinance #9436 authorizing the issuance of "City of Lubbock, Texas, Combination Tax and Exhibition Hall/Auditorium (Limited Pledge) Revenue Certificates of Obligation, Series 1991"; specifying the terms and features of said certificates; providing for the payment of said Certificates of Obligation by the levy of an ad valorem tax upon all taxable property within the City and a limited pledge of the net revenues from the ownership of the City's Exhibition Hall/Auditorium; and resolving other matters incident and relating to the issuance, payment, security, sale and delivery of said certificates, including the approval and distribution of an Official Statement pertaining thereto and the execution of a Paying Agent/Registrar Agreement in connection therewith; and providing an effective date. ($4,030,000). Motion carried: 7 Yeas; 0 Nays. April 25, 1991 Page 289 91-50A-289-247 (26.) approval and distribution of an Official Statement pertaining thereto; and providing an effective date. ($1,145,000) ORDINANCE #9437 AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF LUBBOCK, TEXAS, COMBINATION TAX AND SOLID WASTE DISPOSAL SYSTEM REVENUE CERTIFICATES OF OBLIGATION, SERIES 199111; LEVYING AN AD VALOREM TAX UPON ALL TAXABLE PROPERTY IN THE CITY AND PLEDGING THE NET REVENUES OF THE CITY'S SOLID WASTE DISPOSAL SYSTEM FOR THE PAYMENT OF SAID CERTIFICATES; PRESCRIBING THE TERMS AND DETAILS OF SUCH CERTIFICATES AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, SECURITY, PAYMENT AND DELIVERY OF SAID CERTIFICATES, INCLUDING THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AND PROVIDING AN EFFECTIVE DATE. These are standard Certificates of Obligation backed by the full faith and credit of the City, along with a limited pledge of Sanitation Revenues. Proceeds from this sale of Certificates of Obligation will provide for acquisition of additional land for a landfill site and various equipment necessary at the landfill to meet the new EPA requirements. Equipment to be purchased includes a compactor, dozer and scraper. The obligations will be fully self -supported by sanitation revenues. Bids received were as follow: NCNB Capital Markets Net Interest Cost: $379,155.63 Interest Rate: 6.331131% Rausher Pierce Refsnes & Associates Net Interest Cost: $376,985.00 Interest Rate: 6.294886% Kemper Securities Net Interest Cost: $391,338.13 Interest Rate: 6.53455% April 25, 1991 Page 290 Motion was made by Councilman Maloy, seconded by Councilman Phillips to accept low bid of Rausher, Pierce, Refsnes Associates at $376,985 and at 6.294886% and to pass on first reading Ordinance #9437 authorizing the issuance of "City of Lubbock, Texas, Combination Tax and Solid Waste Disposal System Revenue Certificates of Obligation, Series 199111; levying an ad valorem tax upon all taxable property in the City and pledging the net revenues of the City's Solid Waste Disposal System for the payment of said certificates; prescribing the terms and details of such certificates and resolving other matters incident and related to the issuance, sale, security, payment and delivery of said certificates, including the approval and distribution of an Official Statement pertaining thereto; and providing an effective date. ($1,145,000). Motion carried: 7 Yeas; 0 Nays. There being no further business to come before Council, motion was made by Councilman Phillips, seconded by Councilwoman Trejo to adjourn the meeting at 2:20 p.m. Motion carried: 7 Yeas; 0 Nays. /s/ B.C. McMinn B. C. McMinn, Mayor ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary Read and approved this 25th day of April, 1991. /s/ B.C. McMinn B. C. 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