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HomeMy WebLinkAboutMinutes - City Council - Regular - 5/9/1991CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING MAY 9, 1991 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 9th day of May, 1991 in the City Council Chambers, first floor, City Hall, 1525 13th Street, Lubbock, Texas at 10:00 A.M. Present: Mayor B. C. McMinn, Mayor Pr❑ Tem T. J. Patterson, Councilman Gary Phillips, Councilman Bill Maloy, Councilwoman Joan Baker, Councilwoman Maggie Trejo, Councilman M. J. Aderton, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr., and City Secretary Ranette Boyd. Mayor McMinn called the meeting to order at 10:00 A.M. 1.) The Invocation was given by Assistant City Manager Jim Bertram. ( 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. ( 3.) Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Maloy to approve the Minutes ❑f the April 25, 1991 Regular City Council meeting and the April 25, 1991 Special -Called City Council meeting as written. Motion carried: 7 Yeas; 0 Nays. 4.) Board Appointments 91-50A-295-.254 5.) ORDINANCE #9428--Zane Case #2669 {2802_50th Street)_ -Re nest of Scotty P. Oman for a zoning change from C-2A t❑ 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 TD 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. Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Patterson t❑ pass on second and final reading Ordinance #9428 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50A--295-255 ( 6.) May 9, 1991 Page 296 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. 91-50A-296-256 ( 7.) Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Patterson to pass on second and final reading Ordinance #9429 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. (to change zoning boundaries to conform with new plat and 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 Z014ING 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. 91-50A-296-257 ( 8•) Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Patterson to pass on second and final reading Ordinance #9430 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #9431--Zone Case #2261-C-(South Loop 289 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. Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Patterson to pass on second and final reading Ordinance #9431 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. May 9, 1991 Page 297 91-50A-297-258 ( 9.) RESOLUTION #3606 RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Lakeridge Country Club Estates, Lots 769-774, made arrangements with Williams & Peters Construction Company for the construction of paving improvements on a certain street dedicated in said subdivision under the provisions of said Ordinance prior -to the recording of the subdivision plat of the above -mentioned addition, including the following street: 'York Avenue from the south lip line of 94th Street to the south property line of Alley south of 94th Street known as New Subdivision Number 2034-28; and WHEREAS, the construction of the above improvements on the above - mentioned street was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above mentioned street be and the same are hereby accepted and the City Engineer be and he is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 9th day of May, 1991. Zs/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: s Rannette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: s J. Worth Fuilin im J. Worth Fullingim Assistant City Attorney May 9, 1991 Page 298 This is a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of paving and curb and gutter work on York Avenue from 94th Street to the alley south of 94th Street. There is no City cost due the contractor upon this acceptance. Staff recommended approval. Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Patterson to authorize Resolution #3606 as recommended by Staff. Motion carried: 7 Yeas; 0 Hays. 91-50A-298-259 (10.) Consider Resolution #3607 accepting paving improvements constructed by Williams and Peters Construction Company, Inc., in Preston Hills Addition, Lots 57-76. RESOLUTION #3607 RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Preston Hills Addition, Lots 57- 76, made arrangements with Williams & Peters Construction Company, Inc., for the construction of paving improvements on a certain street dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above subject addition, including the following street: 85th Street from West end of radius of Dover Avenue to end of Cul-de-sac 550 feet west known as Unit Number 2034-36; and WHEREAS, the construction of the above improvements on the above - mentioned street was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above - mentioned street be and the same are hereby accepted and the City Engineer be and he is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. May 9, 1991 Page 299 SECTION 2. THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 9th day of May, 1991. ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Larry [). Hertel Larry 0. Hertel, City Engineer APPROVE-D AS TO FORM: s J. Worth Ful l ingim J. Worth Fullingim Assistant City Attorney 91-50A--299--250 (11.) Isj B. C. McMinn B. C. McMINN, MAYOR This is a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of paving and curb and gutter on 85th Street from Dover Avenue to the cul-de-sac west of Dover Avenue. There is no City cost due the contractor upon this acceptance. Staff recommended approval. Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Patterson to authorize Resolution #3607 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. nermi t application to comply -with EPA_ rules on stormwater discharges. May 9, 1991 Page 300 RESOLUTION #3608 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 for Engineering Services by and between the City of Lubbock, Texas, and Parkhill, Smith & Cooper, Inc., with regard to obtaining a stormwater discharge application/permit, 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 conied herein in detail. Passed by the City Council this 9th day of May, 1991. /s/ B. C. McMinn B. C. McMINH, MAYOR ATTEST: s Ranette. Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Lam CC1. Hertel Larry 1). Hertel, P. E. City Engineer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Agreement for Engineering Services and Stormwater discharge Permit Application Task Summary are filed with Resolution #3608. Staff presented EPA rules to City Council during the December 13, 1990 work session; Council authorized Staff to begin negotiations with PSC at the March 28, 1991 work session. Staff had recommended splitting the engineering services into phases as follows: Phase I will include preparation of Part I of the Municipal Separate Storm Sewer System Permit Application; City -owned Industrial Facility Permit Applications (3 City -owned power plants); and assistance from the firm with the group applications of facilities with TML. Phase II will include preparation of Part 2 of the Municipal Separate Storm Sewer System Permit Application which will begin after additional written notice is given the engineer. May 9, 1991 Page 301 Supplemental Engineering Services are included in the proposed Agreement as follow: Assistance for passible airport lease facility permits Stormwater utility feasibility 5tormwater responsibility determination within City Establishing the stormwater utility Included are maximum costs to perform Phase I, Phase II and the supplemental services listed, with the exception of the establishment of a stormwater utility which will need to be determined upon approval of specific details in the makeup of the utility. The engineer will be paid on an hourly basis for personnel costs and for certain other actual costs incurred. The maximum amount not to be exceeded for Phase I services is $313,000. This amount consists of the estimates of $212,200 for Part I of the Municipal Permit; $100,800 is for the City's Industrial Permits. The maximum amount for Phase II services (Part 2 of the Municipal Permit) of $550,900. Of this amount, $134,000 is for automatic sampling and flow measuring equipment and associated facilities. Phase II services may require renegotiation if EPA rules are changed. According to Staff memo, the Agreement is structured so the City may terminate services at any time, and this may be necessary if EPA's rules change or implementation is delayed. A project in the amount of $150,000 has been established to obtain these permits, and the source of funds for the remaining $62,200 for Part I of the Municipal Permit is being determined. The majority of the $100,800 needed for the City's Industrial Permits will come from Enterprise Fund departments. An order to stop work may be issued at the time the $150,000 has been expended if additional funding has not been identified. Staff recommended that the Council authorize the engineer to begin work on this project because of the following deadlines mandated by the EPA rules: Part I of the City's Industrial Permits, November, 1991; Part I of the City's Municipal Permits, May, 1992. Additional funding sources for Phase II must be identified before that work will be authorized. Motion was made by Mayor by Councilwoman Trejo to as recommended by Staff. Nays. 91-50A-.301-261 (12.) Pro Tem Patterson, seconded authorize Resolution #3608 Motion carried: 7 Yeas; 0 May 9, 1991 Page 302 ORDINANCE #9438 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF AN UNDERGROUND STREET LIGHT CABLE EASEMENT LOCATED IN PRESTON HILLS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 91- 50A.-302- 262 (13.) This Ordinance abandons and closes an 89.36 square foot portion of a Street Light Cable Easement located on the south side of Lot fib, Preston Hills Addition. Proponent of this closure is Gary Rothwell, and the reason is for replatting purposes. A new Easement is being dedicated to replace the area being closed. LP&L is satisfied with this closure; the $150 application fee has been paid, and Staff recommended approval. Motion was made by Councilman Phillips, seconded by Councilman Aderton to pass on first reading Ordinance #9438 as recommended by Staff. Motion carried: 1 Yeas; 0 Nays. ORDINANCE #9439 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN PORT1014S OF UNIVERSITY AVENUE, AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. On April 1, 1991, Staff was requested to investigate the feasibility of establishing a uniform speed limit on University Avenue between 4th Street and Clovis Road. A speed analysis was conducted during off-peak morning and afternoon periods, and involved measuring the speed of 796 vehicles. The 85th percentile speed of the vehicles between Clovis Road and Auburn Street was 40 MPH as compared to the posted speed limit of 35 MPH. The 85th percentile speed of the vehicles between 4th Street and Auburn Street was 38 MPH as compared to the posted speed limit of 30 MPH. Based on the analysis and in accordance with the "Procedure for Establishing Speed Zones" published by the Texas State Department of Highways and Public Transportation, Staff recommended that a uniform speed limit of 35 MPH be established on University Avenue, between 4th Street and Clovis Road. Motion was made by Councilwoman Trejo, seconded by Councilman Aderton to pass on first reading Ordinance #9439 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50A-302-263 (14.) May 9, 1991 Page 303 ORDINANCE #9440 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMIT ON A CERTAIN PORTION OF FOURTH STREET, AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 91-50A-303-254 (15.) Earlier this year, Reese Air Force Base requested that the State Department of Highways and Public Transportation (SDHPT) investigate the feasibility of reducing the speed limit on 4th Street (FM 2255) adjacent to Reese Village to a uniform 40 MPH. Currently, the eastern portion is established at 50 MPH and the western portion is established at 40 MPH. After conducting a traffic engineering analysis, SDHPT concurred with Reese AFB and established the 40 MPH speed limit throughout the area. Therefore, Staff recommended that a 40 MPH speed limit be established on this portion of 4th Street adjacent to Reese Village by SDHPT. Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Patterson to pass on first reading Ordinance #9440 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #9441 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMIT ON CERTAIN PORTIONS OF AVENUE P, AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY 01: THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. On April 8, 1991, Staff received a request to establish a speed limit on Avenue P south of 82nd Street. The majority of the adjacent property in the area is undeveloped, and therefore, by State Code, the speed limit should be 55 MPH. A speed analysis was conducted during off-peak morning and afternoon periods and involved measuring the speed of 200 vehicles. The 85th percentile speed calculated at 52 MPH. Based on this analysis and in accordance with the "Procedure for Establishing Speed Zones", Staff recommended that a speed limit of 50 MPH be established on Avenue P between 82nd Street and the south City Limits. Motion was made Councilman Phillips seconded by Councilman Maloy to pass on first reading Ordinance #9441 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. May 9, 1991 Page 304 91-50A-304-265 (16.) Consider Ordinance #9442 establishing a 50_MPH speed limit on Quirt Avenue between 50th Street and South Loon 289. ORDINANCE #9442 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMIT ON A CERTAIN PORTION OF QUIRT AVENUE, AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Approximately 1-1/2 years ago, the widening and reconstruction of Quirt Avenue between 50th Street and South Loop 289 was completed and it is now necessary to upgrade the speed limit analysis t❑ conform to the existing conditions. The existing speed limit, established in 1988 under the pre - construction conditions, is 45 MPH. Inasmuch as a majority of the adjacent property in the area is undeveloped, the State Code provides setting a speed limit of 55 MPH. Staff conducted a speed analysis during off-peak hours and measured the speed of 200 vehicles. The 85th percentile speed of these vehicles was calculated at 50 MPH. Based on this analysis and in accordance with the "Procedure for Establishing Speed Zones", Staff recommended that a speed limit of 50 MPH be established on Quirt Avenue between 50th Street and South Loop 289. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Maloy to pass on first reading Ordinance #9442 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50A-.304-266 (17.) Consider Ordinance #9443 amending Ordinance #9348 to extend the Garden and Arts Center Advisory Committee for one year. ORDINANCE #9443 AN ORDINANCE AMENDING ORDINANCE NO. 9348 BY AMENDING SUBSECTION 2- 272(d) OF SAID ORDINANCE NO. 9348 TO PERMIT REAPPOINTMENT OF COMMITTEE MEMBERS TO THE MUNICIPAL GARDEN AND ARTS CENTER ADVISORY COMMITTEE AND REVIEW OF THE WORK OF SUCH COMMITTEE ANNUALLY. On May 24, 1990, Council appointed an the Garden and Arts Center Advisory Committee, based on the following conditions: Members of the Advisory Committee are to be appointed to serve one-year terms, and at the end of the year, the City Council is to review the work of the advisory committee to determine whether a public need for such committee still exists and whether citizens of Lubbock are best served by the committee continuing to operate as an advisory committee to the Parks and Recreation Board. May 9, 1991 Page 305 The terms of all of the Garden and Arts Center Advisory Committee members will end May 24, 1991. According to Staff memo, the Committee has met every month in the past year and has helped plan and carry out the successful 1990 Fiesta. The committee's recommendations included contracting the concessions to non-profit organizations to raise organizational funds, upgrading the entertainment, using community volunteers, and administering a booth vendor survey, all of which contributed to the success. The Committee has also provided guidance on issues such as exhibition policies and the capital improvement project to expand the Garden and Arts Center and most importantly, the committee has acted as a positive representative of the Center during a time of transition. The Committee conducted a self - evaluation in their February meeting and concluded that they were adjusting to their roles and advise that they will continue to make a significant impact in the future. Staff advised that this Committee can continue to serve as a vital liaison between the Center organizations and the City Staff and help to expand programs to new user groups. Therefore, Staff recommended that the Garden and Arts Center Advisory Committee be continued for one additional year, at which time it will be evaluated. In the March 26, 1991 meeting, the Parks and Recreation Board voted to recommend to Council that the Committee be extended one more year, after which it is to be re-evaluated and further, that the existing members be reappointed. This is an Amendment to the existing Ordinance #9348, and Staff recommended holding appointments until the next Council meeting. Motion was made by Councilwoman Trejo, seconded by Councilman Aderton to pass on first reading Ordinance #9443 as recommended by Staff. Motion carried: 7 Yeas; D Hays. 91-51DA-305-267 (18.) Consider Resolution #3609 authorizing the Mayor to sin rant application to the Texas Department of Human Services for Summer Nutrition_ Program. May 9, 1991 Page 306 RESOLUTION #3609 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 grant application and related documents with the Texas Department of Human Services four funding for a summer food service program for children, 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 9th day of May, 1991. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Lee Osborn Lee Osborn, Director of Parks and Recreation APPROVED AS TO FORM: /s/ liar -old 1,41i 1 l and Harold Willard, Assistant City Attorney A copy of the Summer Food Service Program Grant Application is filed with Resolution #3609. The City of Lubbock participated in the Summer Nutrition Program for children in 1990, and an average of 763 meals daily were served to children ages 1-18 years, at 12 sites throughout Lubbock. The grant reimbursed all the direct costs (meal service personnel, sack lunches, and consumable supplies), and the indirect costs (meal service monitor, office supplies, and some administrative personnel expenses). With the success of the 1990 Summer Nutrition Program and a continuing trend toward more basic human services within the City (i.e., the successful Summer Satellite Playground Program and Butler Park Outreach Program [B-Pop] and Rodgers Park and Rawlings Park Outreach Program [R-Pop] for teenagers), the Summer Nutrition Program fulfills a vital need for Lubbock children during the Summer. The Texas Department of Human Services Grant will fund sack lunches at 12 City recreation sites from June 3 to August 16, 1991. These supervised sites include the following four community centers: Simmons, E. 23rd and Oak; Woods, Zenith and Erskine; Rodgers, 3200 Amherst; and Rawlings, 40th and Avenue B. May 9, 1991 Page 307 91-5OA-307-258 (19.) The remaining eight sites are the CDBG-funded Summer Satellite Program sites as follow: Mahon Elementary, 2010 Cornell; Yellowhouse Canyon, E. 61st and Olive; Carter Park, Globe and N. Loop 289; Hollins Park, 1st and Temple; Pioneer Park, 6th and Avenue T; Burns Park, 23rd and Avenue K; Carlisle Park, 28th and Avenue X; and Chatman Park, E. 29th and Juniper. These are the same sites where lunches were served in 1990. The nutritious sack lunches will be provided daily by Lubbock Independent School District at $1.55 per meal. Staff anticipated that total meal service will increase by 25% to 953 children per day. The meals will be served at noon t❑ youths between the ages ❑f 1 and 18, Monday through Friday, in a supervised setting. There is no ceiling on the number ❑f children who can be served; therefore, a concentrated effort will be made t❑ serve as many children as possible within each neighborhood. Children who receive free or reduced school lunches who live within Summer lunch service boundaries will receive letters explaining the meal program. The Grant will reimburse the City on a per meal basis ($2.11 per meal) and cover administrative expenses and all operating expenses (site supervisor salaries, mileage, and benefits; consumable supplies; and food cost reimbursements). The funding will completely cover all direct costs associated with the program. Staff anticipated that the total reimbursement will be Sl15,687; however, if additional meals are served, the reimbursements will increase. The Parks and Recreation Board reviewed the grant application ❑n April 23, 1991, and recommended that City participation in the program. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Maloy to authorize Resolution #36O9 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. landowners near the City's Land Application Site. May 9, 1991 Page 308 RESOLUTION #3610 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 nonpotable water service agreements for the supply of available nonpotable remedial ground water to landowners (Earl Foerster, Richard C. Adams, Joe E. Hall, Bill Sides and Gentry Bros. Farms) near the City's Land Application Site, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 9th day of May, 1991. Is1 B. C. McMinn B. C. McMINN, MAYOR ATTEST: LsL_Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Ls./_dan A. Hawkins Dan A. Hawkins, Director of Water Utilities Operations APPROVED AS TO FORM: John C. Ross, Jr. John C. Ross, Jr., City Attorney Nonpotable Hater Service Agreements for Earl Foerster, Richard C. Adams, Joe E. Hall, Bill Sides and Gentry Bros. Farms are filed with Resolution #36110. Several landowners near the Land Application site have requested that the City supply them with non - potable water produced in accordance with Ground Water Remediation Plan (Texas Water Commission Agreed Order of December 13, 1989). This Plan requires that ground water produced from the reme- diation activities be disposed of by irrigation and/or discharge into the Canyon Lakes system. The Agreements in question been developed to provide the landowners access to the City's non -potable water system. The City intends to provide non - potable water for strictly non -human consumption purposes. Once these Agreements are executed, non - potable water may be purchased by the landowners for $0.50 per acre -inch. However, non -potable water will be supplied to the landowners only as available from the City's non -potable water system. No guarantees of quantity, availability, or delivery times and dates are made or implied. The term of the Agreements is one year. The City Attorney's Office reviewed this Agreement and approved its form. May 9, 1991 Page 309 91-50A-309-269 (20.) Staff recommended approval. Motion was made by Councilman Aderton, seconded by Councilwoman Trejo to authorize Resolution #3610 as recommended by Staff. Motion carried: 7 Yeas; O Nays. feasibility study. RESOLUTION #3611 AND ORDER WHEREAS, a Statement of Intent to increase rates within the City of Lubbock was filed April 19, 1991, with the City Secretary of the City of Lubbock by Energas Company; and WHEREAS, the City Council of the City of Lubbock, sitting as a regulatory authority under provisions of law, is required by law to hold a public hearing to inquire into the reasonableness of such proposed gas rate change:; and WHEREAS, the City Council has authority under provisions of law to suspend implementation of such changed rate for up to ninety (90) days pending hearing and decision on such proposed rate change; NOW THEREFORE: BE I'T RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City Council of the City of Lubbock, sitting as a regulatory authority under provisions of Vernon's Ann.Civ.St., Art. 1446e, hereby suspends the effective date of the proposed rate change indicated in the Statement of Intent to increase rates filed with the City Secretary by Energas Company, for a period not to exceed ninety (90) days from the date when such rate change would otherwise have been effective; and May 9, 1991 Page 310 SECTION 2. THAT the City Council of the City of Lubbock, in accordance with mandatory requirements of Section 5.08 of the Gas Utility Regulatory Act hereby orders and directs that a public hearing upon said proposed rate change by Energas Company be held in the City Council Chamber of the Lubbock Municipal Building, 1625 13th Street, at 10:00 A.M. on the 9th day of May, 1991, to determine the reasonableness of such proposed rate increase. The City Secretary of the City of Lubbock is hereby authorized and directed to give Energas Company immediate written notice of such hearing by serving a copy of this Resolution and Order upon them at their business office located in the City of Lubbock. RESOLVED AND ORDERED by the City Council this 9th day of May, 1991. /s/ B. C. McMinn B.C. McMINN, MAYOR ATTEST: s Rarrette Boyd Ranette Boyd, City Secretary APPROV17D AS TO CONTENT: ZsZ Robert Massengale Robert Massengale, Assistant City Manager for Financial Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Energas Company Statement of Intent to Change Natural Gas Rates and Service Charges Notice is filed with Resolution #3611. Mayor McMinn announced that Council would recess as City Council and convene as a Regulatory Authority to consider suspending rate adjustment request by Energas for a feasibility study and that a public hearing will be held June 13, 1991 at 10:30 a.m. in the City Council Chambers. According to Staff memo, under State law, City Council has jurisdiction over gas rates within the City limits. On April 19, Energas filed a request for rate adjustment with the City of Lubbock. The process is that the rate will go into effect automatically in 30 days unless suspended by the City Council. The City Council may suspend the rate for 90 days to study the rate request and to determine if the rate is needed. The City Council must hold a public hearing on the rate request within 30 days of the date that the rate would have automatically become effective, and that effective date would have been May 24. It has been several years since Staff had a rate request from Energas, and in the past, when Staff has received such a request, it has joined with approximately 60 other Texas cities within the Energas System to hire a consultant to study the rate request and recommend a decision. All cities in the system would then maintain the same rate. May 9, 1991 Page 311 The City of Lubbock hosted a meeting Thursday evening, May 2, of all the cities in order to discuss the possibility of joining together in this effort. Energas informed Staff that the rate change will increase their revenues by 6% or $5,986,851 annually. Staff recommended approval of the Resolution to authorize a study of the rate request for a recommendation to be made to the City Council, and also to authorize participation with the other cities in the study. Staff anticipates no City costs, as any costs associated with this will be passed through the rate. Motion was made by Councilwoman Baker, seconded by Councilman Maloy to authorize Resolution #3611 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. The City Council reconvened in the regular meeting. 91-50A-311--rml (20A.) Corporation. ORDINANCE #9444 AN ORDINANCE ORDERING A SPECIAL ELECTION TO BE HELD ON AUGUST 10, 1991, FOR THE PURPOSE OF VOTING FOR OR AGAINST THE ADOPTION OF AN ADDITIONAL ONE-HALF OF ONE PERCENT SALES AND USE TAX WITHIN THE CITY TO BE USED FOR THE BENEFIT OF AN ECONOMIC DEVELOPMENT CORPORATION; MAKING PROVISION FOR THE CONOUCT OF SUCH ELECTION ACCORDING TO APPLICABLE PROVISIONS OF LAW; PROVIDING FOR NOTICE OF THIS ELECTION BY PUBLICATION OF THIS ORDINANCE; PROVIDING FOR EXECUTION OF AN APPROPRIATE ELECTION ORDER HEREAFTER; AND OTHER PROVISIONS INCIDENT TO AND RELATED TO THE PURPOSE_ HEREOF; NOW THEREFORE: According to Staff memo, the City Council requested that this item to consider calling this special election for adoption of a one-half cent sales tax for economic development be considered at this meeting. This is in accordance with State Law allowing for establishment of an Economic Development Corporation consisting of five board members, if the voters approve, for economic development purposes. In order to consider an election for August 10, Council must adopt an ordinance on first reading on May 9 to allow the necessary time for the pre - submission to the Justice Department in accordance with election requirements. Mayor McMinn introduced the item and stated that each Council member would be given the opportunity to comment. May 9, 1991 Page 312 The first comments were by Councilwoman Trejo, who stated that she does not oppose the sales tax, but is concerned with the timing of holding the election for the following reasons: (1) It is unknown what action may be taken by the State Legislature during the Summer; and (2) Senator Montford has been working to pass a tax bill, and she expressed concern about how Council action to call a sales tax election might be perceived by Senator Montford. Councilwoman Trejo went on to express concern about the timing of calling this election regarding possible negative impact on the capital improvements recommendations currently being made. She pointed out that Citizens Advisory Committees meet only once every three years, and that capital improvements deal with the basic needs of the citizens of Lubbock. She expressed her opinion that Council should place its efforts in passing the Bond Election and should wait until another time to call a sales tax election. Councilwoman Baker then stated her support of Vo- Tech training and commented that this type of training is essential for the expansion of the City's economic base. She also expressed her support of the 112% sales tax for use for economic development and commented that in order for the City to be competitive with other cities, the sales tax will eventually have to be passed. Councilwoman Baker then expressed concern that this is not the time for calling a sales tax election because the State Legislature will be addressing the needs of the State deficit, and it is unknown what action they will take and whether or not that action will include expanding the sales tax base or implementation of a State income tax. Councilwoman Baker went on to point out that thanks to Senator Montford, the Legislature passed a bill that reduces the amount that can be asked for in an election for a Branch Campus Maintenance Tax, and that it would be inconsiderate for Council to consider another way to fund the Vo-Tech School in light of the work the Senator has done on this bill. Councilwoman Baker stated that the sales tax election can be delayed for several months and still be passed and taxes collected in time to fund the Vo-Tech Program by the Fall of 1992. Councilwoman Baker went on to state another concern regarding the fact that there is no plan for how the money will be used, except for Vo-Tech training and pointed out that this sales tax increase would raise about $8 million per year, which is a great deal more than is needed for financing Vo-Tech training. She expressed opposition to asking the citizens to vote for the sales tax increase without having a plan for how the money will be used. Councilwoman Baker then alluded to discussion in the community about using a portion of the $8 million for an all-purpose arena and expressed doubts about whether or not money raised through the sales tax could legally be used to fund such a facility. May 9, 1991 Page 313 Councilwoman Baker's next point was regarding the work of the Citizens Advisory Committee in coming up with the Capital Improvements Bond Program. She pointed out that most of the items being considered by Council to be put on the ballot are basic issues which deal with maintaining and improving infrastructure in Lubbock, as well as issues which are important to Lubbock's economic development. She stated that if Council calls the sales tax election in August, the Capital Improvements Bond Election will probably have to be postponed for several months, and maybe even up to a year. Councilwoman Baker also mentioned that when Council calls the sales tax election there should also be an item on the ballot to repeal the Mill Tax as the City should not double fund in the area of economic development. She expressed concern that it is important to allow the citizens to vote on this issue so that they will know first-hand that the Mill fax is being repealed and so that there will be no question about the funding source of economic development. Councilman Maloy then stated that he favored passing the Ordinance calling the sales tax election in order to let the citizens of the City ❑f Lubbock decide whether or not they want to have an increase in sales tax. According to Councilman Maloy, in discussions regarding this year's budget session, it appears that Council will be able to keep the ad valorem tax rate at 54¢, and if the election is passed, then in 1991, Council would be able to lower the ad valorem tax rate by 3¢, which is the 3¢ currently being used to fund the BCD and the chambers of commerce. Councilman Maloy pointed out that the ad valorem tax rate in 1991 would be 51¢ if the sales tax is passed. Councilman Maloy then stated that with the lowering of the ad valorem tax rate, the Bond Election to be held this Fall will be for the purpose ❑f voting on different items and that money to fund those items would not be needed until 1992, 1993, ❑r 1994; therefore, there is a reduction in the rate with the 1/2% sales tax and the corresponding increase, assuming that's what the public votes for. Councilman Maloy then pointed out that under State law, Council will appoint a five -member board to run the Economic Development Corporation. He mentioned the issues of Vo-Tech and a Special Events Center and stated that the board will be the group who will actually decide how the money is going t❑ be spent. Councilman Maloy then commented that a few weeks ago, the Texas Municipal League lawyers submitted to the City Council a list of items which could be funded from the sales tax collected. Councilman Maloy concluded by stating that if the City ❑f Lubbock is to grow during the next 25 years, it must have the economic stimulus to do so and that passage of the sales tax will provide the impetus needed in the future. Councilman Maloy then alluded t❑ the visioning session which the City Council held and stated that accomplishing the things talked about in that session would be possible with the sales tax increase in place. May 9, 1991 Page 314 Councilman Phillips began by saying that the timing may or may not be good; he pointed out that there are differences of ❑pinion, and went on t❑ say that an election is the purest form of democracy. He als❑ indicated his agreement with Councilwoman Baker that at the same time the sales tax election is held, the Mill Tax should be repealed and certain other items should be looked at. Councilman Rderton alluded t❑ Council authority under State law and commented that Council should not have an election to repeal the Mill Tax since State law has done that. Councilman Maloy then stated that whether or not the BCD portion of the Charter is valid, he did not see the need for having that issue ❑n the ballot. Councilman Rderton and Councilwoman Trejo agreed. Mayor Pr❑ Tem Patterson commented regarding the work of the City Council in the visioning session and stated his ❑pinion that the citizens of Lubbock must decide whether ❑r not they want a sales tax increase. He expressed his belief in the citizens to help the City Council make the right decision, but stated his opinion that the Council should step forward. He went ❑n to say that everything could not be corrected at one time, but Council must lead in these efforts in West Texas. He stated that he is comfortable with his position, and that dreams can become reality if individuals work hard for those dreams without fear of failure. He advised that the City Council must continue to give people hope and that even though there is some concern about the timing, it is time t❑ do something. Councilwoman Baker then clarified her earlier statement that she was calling only for an issue ❑n the ballot to repeal the Mill Tax, and not to repeal the section in the City Charter regarding the BCD. Councilwoman Trejo then commented on the possibility of reducing taxes and expressed her opinion that it is important t❑ be honest with the citizens about this. She pointed out that Council may say that it can reduce taxes, but then with passage ❑f capital improvements issues taxes may have t❑ be raised 6- 1/2¢ if all of the recommended improvements pass. She went on to state that she is not convinced about the success of the sales tax in ❑ther cities and whether or not passage of this sales tax has actually increased economic development in those cities. Councilwoman Trej❑ expressed further concern about making a commitment regarding the sales tax election before reports are in from other cities. Councilman Phillips pointed out that the capital improvements issue is a separate issue in that the tax increase ❑f 6-1/2¢ t❑ fund them would happen regardless of whether ❑r not the sales tax was passed. May 9, 1991 Page 315 Mayor McMinn briefly recounted comments made by members of the City Council and stated that he too has a concern with the timing. He went on to explain that the majority of the Council had requested that this Ordinance be placed on the agenda, and that none of the chambers of commerce, the Board of City Development, or any other citizen group has requested calling this election for August 10. There was then a brief discussion about whether or not the sales tax election could be held in November, and City Secretary Ranette Boyd stated that it could be held November of this year because this is an odd -numbered year, but it could not be held in November next year because of restrictions of State law. Councilwoman Baker stated that if the sales tax election were held in November, funding could still be in place for Vo-Tech training to begin in September. Councilman Maloy replied that he was not talking specifically about funding Vo-Tech training or anything else. He reiterated that the board Council would appoint would decide and approve how sales tax money collected would be spent. He stated that the citizens would not be asked, in his opinion, to vote for a 1/2% increase in sales tax for economic development to fund Vo-Tech. Councilwoman Baker then stated that she had been misinformed because she thought the election was being called in order to get the sales in place to begin Vo-Tech training as soon as possible. Councilman Maloy replied that his intent was to get the sales tax in place to give an opportunity for growth and to provide economic development in the City of Lubbock. He stated that Vo-Tech is part of economic growth, but that the primary concern of this issue is not to fund Vo-Tech. Councilwoman Baker stated that funding Vo-Tech was essential and she alluded to a committee in the community which was formed for the purpose of asking the City Council to call an election to fund Vo- Tech. Councilman Malay replied that the committee had been formed to study the financing mode for Vo- Tech, and that committee favors financing it with the 1/2% sales tax, but they are not calling for the election in August. Councilwoman Baker then commented that it was all the more important that Council look closely at calling the election and at the timing in light of comments by Councilman Maloy. Councilwoman Trejo stated that Councilman Maloy had approached her with regard to funding Vo-Tech training from this and Councilman Maloy stated that he was not referring to funding of Vo-Tech training during their conversations. Mayor McMinn then proclaimed an end to discussion and called for the motion. May 9, 1991 Page 316 Motion was made by Councilman Maloy, seconded by Mayor Pr❑ Tem Patterson t❑ pass ❑n first reading Ordinance #9444 calling a Special Election for August 10, 1991 with regard to adoption of an additional one-half of one percent Sales and Use Tax for the benefit of an Economic Development Corporation. Motion carried: 5 Yeas; 2 Nays -- Councilwoman Trej❑ and Councilwoman Baker. 91-50A-316-271 (22.) BID #11225--Playground e ui ment Parks and Recreation). Sports & Recreational Products, Laredo --I Lot Multi - Activity Modular System; 4 ea. Tot swing seat, for 2-3/8" toprail; 4 ea. Tot swing seat for 3-1/2" toprail; 14 ea. park bench; 8 ea. picnic table and bench tops. Safe Play Mfg. Co., Wichita falls--3 ea. Spring toy, two seat car; 8 ea. Belt swing seat, for 2-3/8" toprail; 3 ea. belt swing seat for 3-1/2" toprail. Modlin Recreation Equipment Co., Lewisville--1 ea. free standing plastic wave slide. Quality Industries, Plano--4 ea. Spring toy, pony figure; 3 ea. Spring toy, duck figure; 3 ea. Spring toy, frog figure; 2 ea. 3-leg, 4-seat swing frame; 2 ea. "T" swing frame; 3 ea. Spring -a -Bout. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Phillips to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 91-50A--316-272 (23.) BID #11264--Annual tire pricing (Central Warehouse). Wayne Muse Firestone--20 ea. tire, mud & snow, LT235X85R16, 8-ply. firestone-40 ea. tire, tube type 900X20, 10-ply, hwy; 40 ea. tire, tube type 1000X20, 12-ply, hwy; 200 ea. tire, all season P235X75R15; 30 ea. tire, all season, LT235X75R15, 6-ply; 10 ea. tire, tube type, rib implement, LT9.5X15, 8-ply; 20 ea. tire, tube type, rib implement, LT11X15, 8-ply; 10 ea. tire, mud & snow, LT750X16, 8-ply. Graves Harley Davidson/BMW--20 ea. tire, front, motorcycle, police pursuit, MM90X19; 20 ea. tire, rear, motorcycle, police pursuit, MT90X16. McWhorter's, Inc.--10 ea. tire, 8.75X16.5, 8-ply, hwy; 10 ea. tire, mud & snow, 8.75X16.5, 8-ply; 10 ea. tire, mud & snow, P195X75R14; 30 ea. tire, mud & snow, 1100RX22.5 14-ply. May 9, 1991 Page 317 A to 2 Battery & Tire Service--100 ea. tire, tube type, mud & snow, 1000X20, 12-ply; 10 ea. tire, 16.9X24, 10-ply; 400 ea. tire, blackwall, pursuit, P225X7OR15; 20 ea. tire, blackwall, pursuit, P235X7OR15; 10 ea. tire, grader, 1300X24; 50 ea. tire tube, 900X20; 200 ea. tire tube, radial, 1000XR20; 20 ea. tire tube, 750X20; 10 ea. tire tube, 14.9X24; 120 ea. tire tube, long stem, 75OX16, TR-150; 50 ea. tire tube, 1300/1400X24; 10 ea. tire tube, 570X8; 10 ea. tire tube, 60OX16; 20 ea. tire tube, 480/40OX12; 30 ea. tire, all season, traction, LT225X75R16, 8-ply. York Discount Tire Co.--20 ea. tire, 750X16, 8-ply, hwy; 20 ea. tire, radial 1000RX20, 14-ply, hwy; 10 ea. tire, radial, mud & snow, 1000RX20, 14-ply; 10 ea. tire, tube type, 600X16, 6-ply; 20 ea. tire, radial, mud & snow, 1100XR20, 14-ply; 20 ea. tire, radial, 1100XR20, 14-ply, hwy; 60 ea. tire, all season, P185X75R14; 20 ea. tire, all season, P205X75R14; 10 ea. tire, rib implement, LT11X16, 8- ply; 10 ea. tire, all season, LT30X95OR15, 6-ply; 10 ea. tire, rib implement, 4.80X12, 4-ply; 40 ea. tire, radial, 1100RX22.5, 14-ply, hwy. Woody Tire Company--10 ea. tire, all season, 235X80R22.5, 14-ply. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Phillips to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 91-50A.-317-.273 (26.) 8ID #11166--Citibus Building Roof Repair, and authorize same (Building Services). May 9, 1991 Page 318 RESOLUTION #3614 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 Danny Klein Construction for Citibus building renovations, 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 9th day of May, 1991. ATTEST: s Rane_tte Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is/ Gene Eads Gene Eads, Purchasing Manager APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK /s/ B. C. McMinn B. C. McMINN, MAYOR THIS AGREEMENT, made and entered into this 9th day of May, 1991 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Danny Klein Construction of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 11166 Citibus Building Roof Repair (Building Services) in the amount of $56,665.00. 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. May 9, 1991 Page 319 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] Is/ Ranette Bid /sj B. C. McMinn Secretary Mayor APPROVED AS TO CONTENT: APPROVED AS TO FORM: ATTEST: Secretary Danny Klein Construction CONTRACTOR By: TITLE: COMPLETE ADDRESS: Danny Klein Construction 4310 93rd Street Lubbock, Texas 79423 Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Phillips to authorize Resolution #3614. Motion carried: 7 Yeas; 0 Nays. 91-50A-319-274 (27.) BID #11287--Capacitors and conduit (Central Warehouse). Cummins Supply, Amarillo--20 ea. power capacitor, 7200V, 200KVAR; 6 ea. capacitor rack; 80 ea. No. 4/0 tension sleeve; 100 ea. 4/0 ACSR formed tie wire; 2,000 ea. 3/4" plastic electric tape; 110 ea. 3/4" EMT conduit, 10' lengths; 300 ea. No. 6, 1/0 hot line strain clamps; 12 ea. 3 phase equipment mount; 40 ea. transformer cluster mount. Nelson Electric Supply--150 ea. heat shrink tubing for No. 4 thru 3/0. Graybar Electric Co., Amarillo--400 ea. 1-1/4" insulated bushing; 50 ea. 2" 90deg. rigid ELL; 816 ea. 4" PVC conduit 20' lengths; 1,500' 1/2" EMT conduit 10' lengths. Westinghouse Electric Supply Co.--75 ea. 1" rigid conduit w/coupling 10' lengths; 12 ea. MVR400, mult- vapor lamp. Fields & Co.--20 ea. 3" 90 deg. ELL 12" radius Sch 40 PVC. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Phillips to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. May 9, 1991 Page 320 91-50A-320-275 (28.) BID #1 1 --G1S System, and authorize same Electric Distribution). RESOLUTION #3615 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 Intergraph Corporation for G.I.S. System, 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 9th day of May, 1991. ATTEST: ZsL-1Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ {Gene Eads Gene Eads, Purchasing Manager APPROVED AS TO FORM: /s/ Hai -old Willard Harold Willard, Assistant City Attorney CONTRACT STATE OF TEAS COUNTY OF LUBBOCK Zs/ B. C. McMinn B. C. McMINN, MAYOR THIS AGREEMENT, made and entered into this 9th day of May, 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 Intergraph Corporation of the City of Dallas, Texas County of Dallas, 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. 11110 G.I.S. System (Electric Distribution) in the amount of $101,313.00. 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. May 9, 1991 Page 321 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) Is1 Ranette Boyd Secretary APPROVED AS TO CONTENT: ATTEST: Secretary s B. C. McMinn Mayor APPROVED AS TO FORM: Intergraph Corporation CONTRACTOR By: TITLE: COMPLETE ADDRESS: Intergraph Corporation 8111 LBJ Freeway, Suite 1400 Dallas, Texas 75251 Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Phillips to authorize Resolution #3515. Motion carried: 7 Yeas; 0 Nays. 91-50A-321-275 (29.) BID #11255--Concrete manholes and sections (Central Warehouse). Vaughn Concrete Products, Amarillo--45 ea. 48" pre- cast manhole section; 20 ea. 48"X35" eccentric concrete manhole cone. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Phillips to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 hays. 91-50A-321-277 (30.) BID #11229--Natural Gas Supply, Brandon Stationz_and authorize sae Electric Distribution). May 9, 1991 Page 322 RESOLUTION #3616 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 Gas Sale Agreement by and between the City of Lubbock, Texas, and Adobe Gas Marketing Company, 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 9th day of May, 1991. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: s arette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Carroll McDonald Carroll) McDonald, Assistant City Manager/Utilities APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Adobe Gas Marketing Sales Agreement is filed with Resolution #3616. Adobe Gas Pipeline Co., Midland--Multi-year natural supply of 1.6 BCF per year Brandon Station. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Phillips to authorize Resolution #3616. Motion carried: 7 Yeas; 0 Nays. 91-50A-322-?78 (31.) BID #11291--Wire (Central Warehouse) Graybar Electric Co., Amarillo--3,500' copper wire, No. 12 THHN, solid, white jacket; 3,500' copper wire, No. 12 THHN, solid, black jacket; 3,500' copper wire No. 12 THHN, solid, red jacket; 8,000 lb. 4/0 copper wire, bare 19-strand, soft -drawn. Westinghouse Electric Supply --LOT PRICE: 37,440 lb. No. 477 ACSR bare wire; 136,656 lb. No. 795 MCM ACSR bare wire. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Phillips to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. May 9, 1991 Page 323 91-50A-323-279 (32.) BID #11234--Substation Transformers. and authorize same (Electric Distribution). RESOLUTION #3617 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 Pauwels Transformers for Substation transformers, 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 9th day of May, 1991. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS; TO CONTENT: Gene Eads Gene Eads, Purchasing Manager APPROVED AS TO FORM: Harold Willard Harold Willard, Assistant City Attorney CONTRACT STATE OF TEXAS JI111091941;ion.1.1I04 Zs/ B. C. McMinn B. C. McMINN, MAYOR THIS AGREEMENT, made and entered into this 9th day of May, 1991 by and (between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunt❑ authorized to do so, hereinafter referred to as OWNER, and Pauwels Transformers of the City of Washington, MO, County of Franklin, 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. 11234 Substation Transformers (Electric Distribution) in the amount of $532,194.00. 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. May 9, 1991 Page 324 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, skbject 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/ Ranettel Boyd Zs/ B. C. McMinn Secretary Mayor APPROVED AS TO CONTENT: APPROVED AS TO FORM: ATTEST:: Secretary Pauwels Transformers CONTRACTOR By: TITLE: COMPLETE ADDRESS: Pauwels Transformers 100 West 10th Street Washington, MO Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Phillips to authorize Resolution #3617. Motion carried: 7 Yeas; 0 Nays. 91-50A--324-280 (33.) BID #11289--Pre-cast concrete meter vaults (Central Warehouse). Brooks Products, Arlington--16 ea. 5'X5'X4' precast concrete meter vault. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Phillips to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 91-50A-,324-281 (24.) I #1125 --Golf cart financing Parks and Recreation]. May 9, 1991 Page 325 RESOLUTION #3612 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, Texas, and G.E. Capital for golf cart financing, 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 9th day of May, 1991. Is1 B. C. McMinn B. C. McMINN, MAYOR ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROV17D AS TO CONTENT: /s/ Gene Eads Gene Eads, Purchasing Manager APPROVED AS TO FORM: /s/ 'Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Lease with Option to Purchase Agreement with G.E. Capital Public Finance:, Inc. is filed with Resolution #3512. 91-50A.-325-.282 (25.) BID #11204--Electric golf carts [Parks and Recreation]. Financing--G.E. Capital. Golf Carts --The Masters, Colorado Springs, CO. According to Staff memo, the Golf Department purchased 55 gas -powered carts two years ago. These carts included a lifetime warranty including parts and labor. However, the fleet has had major problems which required three sets of clutches to be replaced on each of the 55 carts, repair of carburetor springs and sockets on most carts; repair of 100 leaf springs; and other repairs on mufflers, exhaust pipes, throttle and brake cables, and axle springs. The extent of the maintenance problems has had a negative impact on customer satisfaction. Although Staff have one more year to pay on the debt on the existing fleet, it was recommended that these carts be sold along with the remainder of the fleet and 100 new electric carts be purchased. The new electric carts have extended battery capabilities that allow a greater number of rounds played between recharging and the solid state speed control feature provides additional power needed for the terrain. May 9, 1991 Page 326 Bid #11204 is for the purchase for 100 electric golf carts and for the sale of 100 used carts. The hid asked for quotations on four items to provide the City alternatives: 1) Purchase 100 new electric carts - 1991 Model 2) Purchase 55 new 1991 electric carts and 45 used 1990 Model. (Used one year or less). 3) Purchase 100 used 1990 Model electric carts (Used one year or less). 4) Sale of 100 used golf carts as listed. Structuring the bid to include the option of all new, a combination of new and used, and all used carts meeting specifications allowed the City to evaluate the best financial hid. The bids closed on April 5, 1991. Seven vendors responded, two of which were rejected because they did not submit a bid on the used carts. The remaining five vendors stipulated that the quotations on the item #4 (the sale of 100 existing used carts) were tied t❑ item #1 (the purchase ❑f 100 new electric carts). 1. The Masters - Hyundai The lowest bid was from the Masters for a Hyundai cart. The base bid was for $2,525.00 per cart ($252,500 for 100 carts) and $120,925 for the used carts of $131,575 difference. The bid met the specifications. Warranty -- The warranty included a three-year war- ranty ❑n all parts and all labor. Masters assumes full responsibility for warranty and would be responsible for processing any claims against the manufacturer for items that have a manufacturer's warranty such as the batteries, tires, a battery discharge unit, etc. Service -- Provides a 72-hour guarantee. The cart will be repaired or it will be replaced with a loaner within 72 hours until the repair is accomplished. The loaner would be a like cart. The vendor would provide the City an inventory of basic parts of tires, batteries, cables, etc. in case there is a problem. The vendor has indicated the average delivery time for non -stocked parts is two days. They will establish a servicing operation within one hundred miles radius. 2. Associated Golf Cars -_Yamaha Bid was for $2,369 per cart ($236,900) and $85,850 for used carts for a net difference of $151,050. The bids met specifications. May 9, 1991 Page 327 Warranty -- Provides a limited warranty, all parts and labor for first year; parts (excluding body, seat, bumper, trim, mats, and carrier) and labor for second year and parts only excluding electrical system, motor and control cable for third year. Warranty on batteres, battery charger, and tires is limited to manufacturer's warranty and excluded by vendor. Service -- Response time to a service call is 4 hours with a 2-day response on non -stocked parts. 3. Melex USA - Mel -ex The bid was for $2,497.00 each ($249,700 for 100 carts) for a polyurethane body with the solid state electrical speed control as a standard feature and $2,397.00 ($239,700 for 100 carts), for a metal body with the speed control as an ❑ption. The bid for the used carts was for $90,475.00 for a net difference of $159,225, on the polyurethane body and a net difference of $149,225 ❑n the metal body. All specifications were met. Warranty -- Limited. Includes parts and labor for first and second year; but parts only for third year. The warranty for the tires, batteries, battery charger and top assembly is limited to manufacturer's warranty only. Service -- Response time is 24 hours with 4-6 hours for emergency and 2 days on non -stocked parts. 4. E-2 Go Textron - E2 Go Bid was for $2,700 each ($270,000 - 100 carts) with $108,100 for the used carts, for a net difference of $161,900. All specifications were met. Warranty -- Limited. Includes parts and labor for first and second year, third year limited to parts only on rear axle assembly and electric motor. Bat- teries and tires are limited to the manufacturer's warranty. Lifetime warranty on frame, rusting of outer body parts and suspension components, except shock absorbers. Service -- Response time is 24 hours with 2 days on non -stocked parts. Provides a 48-hour guarantee that the cart will be repaired ❑r a loaner provided within 48 hours until repair is accomplished. 5. Columbia Par Car - Par Car Bid was $2,597.25 per cart ($259,725 - 100 carts) with the $81,000 for used carts for a net difference of $178,725. All specifications were met. Warranty -- Limited. Includes parts and labor on entire cart for first year. Batteries, battery charger, tires and rims are covered by manufacturer's warranty. Second year excludes body parts, seats, mats, bag racks, trim. Third year excludes second exclusion and excludes electrical system and control cable. Service -- Response time is 48 hours with 4 hours on emergency calls. Parts are available within one day. May 9, 1991 Page 328 Other Comments Body -- Four of the five vendors submitted bids for an impact -resistant molded polyurethane body. One vendor (EZ Go) bid a metal body and Melex provided an option of metal or polyurethane. The body is designed to provide replaceable body components if damage is extensive. Component Parts -- Several of the major components are the same for several of the models. A General Electric motor is provided in the Hyundai, Yamaha, EZ Go and Par Car. Curtis is providing the solid state speed control for Hyundai, Melex and EZ Go. Dana provides the rear -end assembly for the Hyundai, EZ Go and Par Car. Re -Sale -- The Hyundai cart has been marketed in the United States for one year and does not have an established history on resale value. Masters has provided a letter agreeing to guarantee a trade-in value of $1200 each at the end of three years on the purchase of new carts. The vendors who responded to these bids all stipulated they would purchase the existing fleet only if they receive the bid on the new carts. After reviewing all the bids, Staff recommended the Hyundai cart as the lowest responsible bid. After a brief discussion, Councilman Maloy made a motion to approve the purchase of electric golf carts subject to the satisfaction of legal requirements and a guarantee from the supplier or manufacturer based on a $1,200 buy back price on the carts at the end of three years; or if the City opts to hold the carts for four years, at a buy back price of $1,000. His motion further went on to state that if the City of Lubbock receives that guarantee, then he would move approval of Item 24 to finance the carts over a four-year period of time. The motion was seconded by Councilman Phillips. Councilman Aderton then raised the question of whether or not requiring these guarantees was an alteration of the specifications under which the carts were bid, and Councilwoman Baker expressed her concern about the same issue. She went on to state that Council is placing onerous restrictions on the bidders and that in her opinion it is unfair to the bidders to change the rules and place restrictions not in the original specifications. Mayor McMinn asked City Attorney John Ross to comment on whether or not requiring the guaranteed buy back price and a proof of financial responsibility were modifying the specifications. Mr. Ross replied that if the specifications asked for bids to purchase golf carts, everybody has to have a fair and equal shot at that purchase. He mentioned that ensuring financial responsibility of the low bidder could be done through requiring a May 9, 1991 Page 329 performance bond or a letter of credit and stated that both of those requirements would cost money. He stated that if the low bidder is willing to voluntarily comply with these requests of Council, then that would be acceptable, but if a bidder is requested to make the guarantees, refuses to do that, and threatens to withdraw his bid, that in Mr. Ross' opinion, the City could not hold the bidder to the bid price. Councilman Malay then stated that if the City cannot get some type of guarantee of the value of the Hyundai golf carts in either three or four years from now, then he would vote to reject any and all bids and to rebid. He expressed concern about the fact that Hyundai golf carts have just been manufactured, and their worth in three years is unknown. He went on to state that if Council has a way of knowing what the golf carts are worth and if they are actually worth zero dollars, then the low bid is not a good bid, but if the golf carts are actually worth $1,200 after three years, then it is a good bid. Mayor McMinn pointed out again that this was not put in the specifications. There were other brief comments by Council at this point, and Mayor McMinn asked Gene Eads, Purchasing Manager, to comment about the actual bidding process for the carts. Mr. Eads stated that the Hyundai cart was developed eight years ago by the John Deere Company and acquired by Hyundai. He stated that they had been marketed in the United States for approximately one year and that the checks with those who own and use the carts, have been favorable with no service or cart problems reported to date. He went on to state that Hyundai Corporation had approximately $67 billion in sales last year and that the carts are manufactured in Korea and in Mexico. Mr. Eads' final comment was that the information received by Staff on the distributor and the Hyundai Corporation prompted the recommendation that this was the lowest possible bid. Councilman Malay then asked if the bids were written so that in order to bid on the selling of 100 new golf carts to the City, the bidder must also bid on buying the fleet. Mr. Eads replied that this was not how the specifications were written. Councilman Malay then stated that Hyundai is only the low bid when the fact that they are willing to pay for City bids in fleets is considered, and that Yamaha is the low bid for the purchase of 100 golf carts without this consideration, and Mr. Eads agreed. Further discussion ensued regarding the bid process, and Councilman Malay restated his motion to modify the bid to give the City a guarantee of the $120,000. Mayor McMinn asked for clarification whether the motion was only on Item #25, and Councilman Malay stated that the motion was to approve Item #25 to accept the low bid with the stipulation of the guarantee and if this passes, then he would move to approve Item #24 for financing as well. May 9, 1991 Page 330 Mayor McMinn stated that Mr. Maloy's motion to approve Item #25 was made on the condition of a guarantee of buy back of $1,200 in three years and $1,000 in four years. Motion failed: 3 Yeas; 4 Nays --Councilwoman Baker, Councilman Aderton, Councilwoman Trejo and Mayor McMinn. Motion was then made by Councilwoman Baker, seconded by Councilwoman Trejo to approve the low bid of Hyundai Corporation on Item #24 and to approve the recommended funding on Item #25. Motion carried: 5 Yeas; 2 Nays --Councilman Maioy and Councilman Phillips. 91-50A--330-283 (21.) Hold an Executive Session to discuss pending litigation (Utilities)_ 91-50A-330-284 (34.) 91-50A--330-285 (35.) Zoning Board of Adjustment Board of City Development 1991. Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Patterson to move up Kim Allen from alternate to regular member to fill unexpired term of Mel Lisman and hold appointment of alternate to future meeting. Motion carried: 5 Yeas; 0 Nays; 2 Absent from Chambers --Councilwoman Baker and Councilman Aderton. May 9, 1991 Page 331 There being no further business to come before Council, motion was made by Councilwoman Baker, seconded by Mayor pro Tem Patterson to adjourn the meeting at 1:04 p.m. Motion carried: 6 Yeas; 0 Nays; 1 Absent from Chambers --Councilman Aderton. /s/ E.C. McMinn B. C. McMinn, Mayor ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary Read and approved this 23rd day of May, 1991. Is1 B.C. McMinn B. C. McMinn, Mayor ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary SECOND READING ORDINANCES ORDINANCE # 94A AN ORDINANCE AMEND- EXAS AND THE OFFICIAL MAP ING ZONING ORDINANCE NO.74NNnya Pi�f,+K OF 7HE CITY OF LUBBOCK OF MAKING THE FOLLOWING Henry a NotaryPublic in and for Lubbock County, Texas on this da Y Y CHANGES: IONE CASE NO.2W,' A ZONING CHANGE FR_ G-2A ed T, J. A u f i l 1, A C c n un t Ma n n rg a it of the Southwestern Mews a - p TO CK ZONING N LOT' AD- BLOCK ri. MODERN MANER A!7- publishers of the Lubbock Avalanche p -Journal - Morning, and Sunday, who being b me duly g Y g Y Y DITION. LUBBOCK, TEXAS; find saythat said newspaper has been published continuous) for more than fifty-two weeks rl p Y Y' p' SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PRO- `tion of this legal no VIDING A SAVINGS CLAUSE AND PROVIDIPIG FOR PUBLICA- Np, 8 at Lubbock County, Texas and the attached print- TION. � a g a I notice is a true copy of the original and was printed in the Lubbock ORDINANCE # 9M AN ORDINANCE AMEND- , 1 on the followingqqg dates: '133..0 ING ZONING ORDINANCE NG. ��0 = 106t AND THE OFFICIAL MAP OF THE CITY OF LUBBOCKI MAKING THE FOLLOWING CHANGES: ZONE CASE 140. MM; r A TONING CHANGE FROM RA To C-4IONI NG ON A TRACT OUT " )Dn( J01 d�Q n-)\A-,C OF SECTION 42. BLOCK A-- TO BE KNOWN AS WILDERLAND ; en ge r NOTARY PURL in and for the State of Texas ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; !UI Commission y Cii ires.. 'A p "...... �' " PROVIDING A PENALTY; PRO- �NCHE-JOURNAL CLAUSE VIDING A SAVINGS ANDPROVIDINGFOR PUBLICA- ¢sspaper Corporation A HENRY TION. ORDINANCE # PAO OF TEXASSubscribed and sworn to before me this 1 3 day ofM7Notarypublic p s 194�f FORN158.11I