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HomeMy WebLinkAboutMinutes - City Council - Regular - 5/23/1991CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING MAY 23, 1991 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 23rd day of May, 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 Deputy City Manager Bob Cass. i; 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 May 9, 1991 Regular City Council meeting as written. Motion carried: 7 Yeas; 0 Nays. 91-50A-333-286 ( 4.) Presentation to Peer Action Committee. Members of the Peer Action Committee were recognized by Mayor McMinn for sponsoring Trash Rock and the Youth Recognizing Youth Award, and for their work on the high school youth issues survey. 91-50A-333-287 ( 5.) Chuck Kershner has applied for a Loudspeaker Permit on behalf of the West Texas Home Builders Association for May 31, 1991 from 7:00 ❑.m. until 11:00 p.m. in conjunction with a barbecue. According to Staff memo, Mr. Kershner has met the requirements of the Loudspeaker Ordinance. Due to the location and time of this event, City Council approval is necessary. Motion was made by Councilman Phillips, seconded by Councilwoman Trejo to approve issuance of a Loudspeaker Permit to Chuck Kershner on behalf of West Texas Home Builders Association for May 31, 1991 from 7:00 p.m. until 11:00 p.m. as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. May 23, 1991 Pge 334 91-50A-334-288 ( 6.) 91-50A-334-289 ( 7.) According to Staff memo, Mr. Kershner has met the requirements of the Loudspeaker Ordinance. Due to the local and time of this event, City Council approval is necessary. Motion was made by Councilman Phillips, seconded by Councilwoman Trejo to approve issuance of a Loudspeaker Permit to Chuck Kershner for June 1, 1991 from 7:00 p.m. until 11:00 p.m. as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 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,-334-290 ( 8.) Motion was made by Mayor Pr by Councilman Maloy to pass reading Ordinance #9438 as Motion carried: 7 Yeas; 0 ORDINANCE #9427 o Tem Patterson, seconded on second and final recommended by Staff. Nays. AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF B4TH 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. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Maloy to pass on second and final reading Ordinance #9427 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50A--334-291 9.) ORDINANCE #9439--Establishing a 35 MPH speed limit on University Avenue between 4th Street and Auburn Street. May 23, 1991 Page 335 ORDINANCE #9439 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN PORTIONS 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. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Maloy to pass on second and final reading Ordinance #9439 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50A--335-292 (10.) ORDINANCE #9440--Establishing a 40 MPH speed limit on 4th Street FM 2255 from Quitsna Avenue to a point 0.5 miles east ❑f Ouitsna Avenue (Spur 309). 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. Motion was made by Mayor Pr by Councilman Maloy to pass reading Ordinance #9440 as Motion carried: 7 Yeas; 0 o Tem Patterson, seconded on second and final recommended by Staff. Nays. 91-50A-335-293 (11.) ORDINANCE #9441--Establishinga_50 MPH speed limit on Avenue P between 82nd Street and the south City limits. ORDINANCE #9441 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMIT ON CERTAIN PORTIONS OF AVENUE P, 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. Motion was made by Mayor Pr❑ Tem Patterson, seconded by Councilman Maloy to pass on second and final reading Ordinance #9441 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50A.-335-294 (12.) ORDINANCE #9442--Establishing a 50 MPH speed limit on -Quirt Avenue between 50th Street and South Loop 289. May 23, 1991 Pge 336 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 DNLY TO STREETS OR HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Maloy to pass on second and final reading Ordinance #9442 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-54A-336-295 (13.) 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. 91-54A-336-296 (15.) Motion was made by Mayor P by Councilman Maloy to pass reading Ordinance #9443 as Motion carried: 7 Yeas; 4 Pr ORDINANCE #9445 Tem Patterson, seconded on second and final recommended by Staff. Nays. AN ORDINANCE AMENDING TONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: TONE CASE NO. 2671; A ZONING CHANGE FROM C-3 TO C-3 SPECIFIC USE PERMIT FOR A RESIDENTIAL CENTER FOR SUBSTANCE ABUSE RECOVERY ON LOTS 6 & 7, BLOCK 192, ORIGINAL TOWN, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Alisa Daniel appeared to request this zone change for a residential substance abuse recovery center. No one appeared in opposition. Mayor McMinn closed the hearing at 10:33 a.m. David Jones, Director of Planning stated that the intent of the Code is to address each Specific Use proposal for residential treatment centers on individual merit. Mr. Jones gave the adjacent land use relationships as follow: North - vacant South - duplex East - multi family West - MHMR residential center May 23, 1991 Page 337 The area is zoned C-3 at present, and the request creates no Comprehensive Land Use Plan policy question. The Site Plan indicates plans for renovation of the existing two-story structure for residential use and rear unit as a kitchen, and according to Staff comments, such a move is timely in light of current deterioration of the residence. The only other zoning discussion item of concern is recognition of the proposed number of parking spaces. Under Specific Use, the Site Plan approval will establish the parking required as seven on -site spaces, which should be enough to accommodate staff and visitors. The Code has no guideline for a parking ratio for treatment centers. Ms. Daniel indicated to Staff that residents are discouraged from bringing personal vehicles, and that there is an option to park in the vacant lot next door. There were no public comments at the P&Z hearing. The proponent operates a smaller legal non- conforming facility in rented space within a block of this site, and Staff found no history of complaints for the current facility. Subject to the following conditions by the Planning and Zoning Commission and being tied to the Site Plan by Specific Use, Staff supported the recommendation by the Planning and Zoning Commission. 1. The use shall be limited to a residential center for substance abuse recovery. 2. The operator of the center shall acquire additional private parking if complaints are verified by Codes Administration. The number shall be determined by the Codes Administration. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Maloy to pass on first reading Ordinance #9445 with two conditions recommended by P&Z and City Staff. Motion carried: 7 Yeas; 0 Nays. 91-50A-337-297 (16.) ORDINANCE #9446--Zone Case #1720-E 5759 34th Street) --Hold a Public Hearing -to -consider reguest of Bonnie Reeves (for Christos Geskos) for zoning change from C-3, subject to conditions, to_C-4 Specific Use for a drive -through restaurant on the east 72' of Lot 1, Village West Addition. ORDINANCE #9446 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1720-E; A ZONING CHANGE FROM C-3 SUBJECT TO CONDITIONS TO C-4 SPECIFIC USE PERMIT FOR A DRIVE -THROUGH RESTAURANT ON THE EAST 72 FEET OF LOT 1, VILLAGE WEST ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. May 23, 1991 Pge 338 Bonnie Reeves appeared on behalf of Christos Geskos to present this request for zone change. Jeanie Butler, representing 13 neighbors, spoke in opposition. Also speaking in opposition were Raeland Blackerby and Brenda Patterson. Mayor McMinn closed the hearing at 10:45 a.m. According to Staff memo, the Planning and Zoning Commission and City Council have discussed on previous occasions whether or not a number of C-4 uses should be transferred to more restrictive districts (C-3 or C-2) as either permitted uses or conditional uses. Several of the uses discussed are automotive (glass, muffler, brake and transmission) and drive -through restaurants. The drive-in restaurant is defined in the Code as having little or no inside seating with the drive -through as the primary use. Drive through windows in C-2 are defined as an accessory use, and a minimum of 5010 of the building area must be dedicated to seating for customers. David Jones, Director of Planning, gave the adjacent land use relationships as follow: North - LCU property South - multi family East - single family West - the balance of the land in the old C-3 tone case, developed as a convenience store and a self service laundry. The zone case allowed convenience store and C-1 uses. According to Staff memo, the Comprehensive Land Use Plan recommends location of C-4 on State or regional highways, and 34th Street is not in that category. Staff recommended that the Specific Use Permit be used for this request to remove discussion associated with C-4 so that the restaurant and the single-family development to the east would be the single issue for discussion. The Site Plan notes that the menu board is away from the residential, and the request should have little effect on traffic over the fact that the property is presently vacant. Staff voiced concern with the potential use of loudspeakers to announce when an order is ready a further concern regarding trash. The restaurant would be fenced from adjacent residential areas, so trash should not be a problem. Convenience stores which have evolved since the 1975 Code revision when drive-in restaurants were placed in C-4, also have all the traffic and trash potential of the drive-in and offer a full range of take-out food, but are a permitted use in both the C2A and C2 Districts (C-3 with gas pumps or as a Conditional Use in C-2). May 23, 1991 Page 339 91-50A-339-298 (17.) Only one residential owner came to the P&Z hearing and several returned comments sheets. The owner of the laundry expressed concern about traffic congestion; the proponent indicated that the laundry owner may be opposed to the lot being developed since his customers are using the vacant lot for parking. With the Site Plan, a fence and with the following conditions, Staff supported the Planning and Zoning Commission recommendation. 1. The use shall be limited to a drive - through restaurant. 2. Tied to Site Plan 1720-E as presented to the Planning and Zoning Commission an May 2, 1991. 3. No amplified speakers shall be allowed on the property except for the menu board send/receive type speaker. Councilman Malay asked if P&Z discussed the construction of the fence, and Mr. Jones replied that during the Hearing, the ordinance requirements for the fence were brought up. Councilmembers Maloy and Phillips stated their support for the zone change request and pointed out that other permissible uses could be even less appealing to the neighbors. Motion was made by Councilman Malay, seconded by Councilwoman Baker to pass an first reading Ordinance #9446 with conditions recommended by P&Z and City Staff and stipulating that screening fence on both sides of property be a minimum of 6' wood compatible with existing fences. Motion carried: 7 Yeas; 0 Nays. J. Crow) for zoning change from C-4, subject to conditions, to C-4 Specific Use to amend the site plan on the north portion of Lots 1=A and 2-A, Fiesta Autoland Center Addition. ORDINANCE #9447 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1490-L; A ZONING CHANGE FROM C-4 SUBJECT TO CONDITIONS TO C-4 SPECIFIC USE PERMIT, AMENDING THE SITE PLAN ON LOTS 1-A AND 2-A, FIESTA AUTOLAND CENTER ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Reuel Nash appeared on behalf of Don J. Crow to present this request for zone change and change to Site Plan. May 23, 1991 Pge 340 No one spoke in opposition. Mayor McMinn closed the hearing at 11:08 a.m. David Jones, Director of Planning, stated that the zoning history of this area is lengthy and complicated and that this request will remove all previous conditions, with the wall on Slide road being the most notable one remaining, and in Staff's opinion, discussion about the fence is complete. Mr. Jones gave the adjacent land use relationships as follow: North - Loop 289 South - shopping Center East - car dealership West - commercial According to Staff memo, there are no Comprehensive Land Use policy issues. There are three primary items to review which the Specific Use Permit can solve with Council approval: A. Parking - The retail rati❑ for buildings greater than 75,000 square feet is 1/200, and the proposed building would require 622 spaces. This request asks to take advantage of a formula which is available by Code in C-4, and that the Site Plan be approved with 28,630 square feet of the structure dedicated to warehouse/ storage. That ratio is 1/2000 which would require 14 spaces. The balance of the structure (95,840 square feet) at 1/200 would require 479 spaces, for a total of 493. The Site Plan notes 506 spaces and the proposed parking should be adequate. B. Setback - Using the averaging requirement of the Code, a new structure on this site would have to meet an 80' setback, an average of 0 on the north and 160 on the south (Alexis Park). The Site Plan indicates a 43' setback and can be accommodated in the Specific Use Permit. The group controlling Alexis Park Shopping Center returned a comment sheet in favor of the request. C. This request is not accompanied with a detailed elevation of the new structure or a landscape plan. Staff requested the inclusion of the standard Site Plan prior to a construction permit condition. If the proponent provides those plans at the Council meeting, the condition can be deleted. May 23, 1991 Page 341 According to Staff memo, the Site Plan indicates curb cuts at approximately existing locations and to discuss the effect on the street system by approval of this request would be difficult. However, after completion of the current improvements on Slide and Loop 289, Staff indicated that no location in town will have adjacent streets better suited to handling the additional traffic. Tied to the Site Plan and the following conditions, Staff recommended upholding the Planning and Zoning Commission recommendation. 1. Any unconditional C-4 use may be permitted. 2. A Landscape Plan and Site Plan, including building elevations showing materials, color and texture, will be submitted and approved by the Planning and Zoning Commission prior to the issuance of a Building Permit. 3. Tied to Site Plan 1490-L as submitted to the Planning and Zoning Commission on May 2, 1991. Staff recommended that the strike list be amended to include billboards, portable building sales, and truck and trailer rentals, and that the following C- 4 uses be allowed only when all storage is enclosed: Rental stores and swimming pool sales. Councilman Maloy stated he favored approval of Item Us 1 and 3 subject to Mr. Nash's purchase of property and requested that Council review the Landscape Plan before second reading. By consensus, Council agreed to review Landscape/Site Plan before passage on second reading. Motion was made by Councilman Maloy, seconded by Councilman Phillips to pass on first reading Ordinance #9447 as recommended by P&Z and City Staff with additions to Condition #1 strike list of billboards, portable building sales, and truck/trailer rentals, and further, requiring the following C-4 uses to have total storage enclosure: Rental stores and swimming pool sales. Motion carried: 1 Yeas; 0 Nays. 91-50A-341-299 (18.) May 23, 1991 Pge 342 RDINANCE #9448 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2437-C; A ZONING CHANGE FROM R-I AND R-2 TO R-I SPECIFIC USE PERMIT TO ALLOW SINGLE-FAMILY DWELLINGS WITH A 20 FOOT FRONT SETBACK ON A TRACT OUT OF SECTION 29, BLOCK A-K, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. David Goyette appeared on behalf of Gary Rothwell to present this request for zone change. No one spoke in opposition. Mayor McMinn closed the hearing at I1:20 a.m. According to David Jones, Director of Planning, to accommodate a reduced front setback to 20' (from the required 25') in conjunction with rear entry garages and no front curb cuts, the proponent was requested to use the Specific Use section of the Code. The Planning and Zoning Commission seemed comfortable with this development being added to the ongoing series of test subdivision that reduces the total distance between homes along streets through the use of narrow streets, reduced right of way width, and reduced front setback. Mr. Jones gave the adjacent land use relationships as follow: North - residential South - residential East - residential West - residential As the area is already zoned residential, there is no Comprehensive Land Use Plan deviation; the "Specific use Permit in any district" section prompted the Planning and Zoning Commission to formulate the recommended conditions so that the development will have the same standards as R-1 Single Family except for the front setback of 20' versus 25'. The P&Z Commission approved reduced width right of way in the plat: 1. 74th Street and 15th Street, a standard 36' paving in a reduced 47' right of way. 2. 75th Street, a standard RIA Street with 32' pavement section in a 43' reduced right of way. According to Staff memo, there should be no effect ❑n traffic from the reduced setback. Staff supported the recommendation of the Planning and Zoning Commission with the following conditions: 1. Minimum front setback of 20'. 2. Minimum rear setback for any garage of 20'. 3. All other requirements of the R-I District shall apply. May 23, 1991 Page 343 Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Phillips to pass on first reading Ordinance #9448 with conditions recommended by P&Z and City Staff. Motion carried: 7 Yeas; 0 Nays. 91-50A-343--300 (19.) Hold a Public Hearing to hear a request to extend the AM Policy Zone, as a part of the Comprehensive Land Use Plan, one black south to the alley south of 23rd Street from Memphis to Indiana —and take_ appropriate action. Ed Elliott, property owner of two lots--24th and Memphis --stated that he has had 8 requests by members of the medical community and two Day Care representatives to purchase property for AM uses outside the recommended Policy Zone. He requested that the zone be moved to the alley between 24th and 25th Streets to Indiana. Mrs. Hugh Anderson, property owner in the Policy Zone, pointed out current zoning violations but was not opposed to appropriate development. No one spoke in opposition. Mayor McMinn closed the hearing at 11:35 a.m. David Jones, Director of Planning, stated that because this was not a hearing to change zoning, notices were not sent. He said further that each property owner will be required to file a case to receive AM zoning. According to Staff comments, the Planning and Zoning Commission conducted a hearing to determine if the time is right to add land area to the AM Policy District. Staff provided in Council back-up a memo and maps prepared for the Commission about the history, absorption rates and current rate of development in the existing District. The P&Z hearing produced no adverse comments about the proposal; all of the discussion centered around whether or not to extend the District to the alley south of 23rd as proposed by Staff or continue to the alley south of 24th as requested by residents on 24th Street. One resident on 23rd stated the feeling of the Planning and Zoning Commission which was to proceed on a conservative basis and extend the district one block at a time. She also expressed feelings that residents on 23rd Street were next in line and did not agree to allow the AM purchases to jump to 24th Street before the owners on 23rd had opportunity to sell at AM prices. Staff recommended the more conservative approach for adding only 23rd Street at this time and supports the recommendation of the Planning and Zoning Commission. After brief discussion among Council and David Jones, motion was made by Councilman Maloy, seconded by Mayor to extend AM Policy Zone from Memphis to Indiana to the alley between 24th and 25th Streets. Motion carried: 7 Yeas; 0 Nays. May 23, 1991 Pge 344 91-50A-344-301 (14.) 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 CONDUCT 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 OROER HEREAFTER; AND OTHER PROVISIONS INCIDENT TO AND RELATED TO THE PURPOSE- HEREOF; NOW THEREFORE: Councilwoman Baker commented that the lead agent in promoting the sales tax election should be designated if the Council votes to hold that election. She went on to state that the service providers for the City of Lubbock should be asked to do this since the sales tax would be for economic development purposes. Mayor McMinn agreed that the service providers could be used and suggested that Council think about what other agencies should be involved in the promotion. Mayor Pro Tem Patterson urged that the Council be unified in its support of the sales tax election, and Councilwoman Baker replied that, even though she had voted against holding the election on August 10, she would support whatever action was taken by Council. She re -stated her position of not being opposed to the sales tax but to the timing of the election. Councilwoman Trejo echoed concerns by Councilwoman Baker and pointed out that an unscientific poll was taken on Channel 28 which showed that 95% of the people responding were in opposition to the half percent sales tax. Mayor McMinn went on to instruct the Legal Department to prepare the pre -submission to the Justice Department as soon as possible. Motion was made by Councilman Malay, seconded by Councilman Phillips to pass on second and final reading Ordinance #9444. Motion carried: 5 Yeas; 2 Hays --Councilwoman Baker and Councilwoman Trejo. 91-50A-.344-302 (20.) May 23, 1991 Page 345 RESOLUTION #3618 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 in the form approved by the City's Assistant City Manager for Development Services and the City Attorney's Office to be entered into by and between said City and the Texas State Department of Highways and Public Transportation, said Agreement amending a previous Agreement concerning railroad relocation in connection with the East-West Freeway construction, 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 23rd day of May, 1991. /s/ B. C. McMinn, Mayor B. C. McMINN, MAYOR ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s James E. Bertram James E. Bertram, Assistant City Manager for Development Services APPROVED AS TO FORM: s Dennis W. McGill Dennis W. McGill, Trial Attorney STATE OF TEXAS COUNTY OF 'TRAVIS § MODIFICATION AGREEMENT FOR THE RELOCATION OF A PORTION OF THE SEAGRAVES, WHITEFACE, AND LUBBOCK RAILROAD FOR CONSTRUCTION OF A CONTROLLED ACCESS HIGHWAY FACILITY IN THE CITY OF LUBBOCK, TEXAS This agreement is entered into by and between the State of Texas, acting by and through the State Department of Highways and Public Transportation, hereinafter called the State, pursuant to Minute Order Number 88793, dated May 24, 1989, and the City of Lubbock, acting by and through its duly authorized official, pursuant to Resolution No. 3173, dated August 14, 1989, hereinafter called the City, to be effective on the date last executed. May 23, 1991 Pge 346 WITNESSETH WHEREAS, The State and the City entered into an agreement dated February 12, 1991, for the purpose of relocating the Seagraves, Whiteface and Lubbock Railroad; and WHEREAS, the State and the City have agreed to modify that agreement to more definitely provide for reimbursement of eligible costs and to identify who will perform the various actions deemed necessary to effect the Relocation. AGREEMENT NOW, THEREFORE, in consideration of the premises and of the mutal covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed that the agreement dated February 12, 1991, is modified as follows for the sole purpose of adding Articles 19, 20, 21, 22 and 23 with that agreement in all other respects remaining in effect: ARTICLi= 19._ Eligible Costs. Reimbursement to the City for the cost of the Relocation, as provided in this agreement and the agreement dated March 8, 19,91, by and between the City and Railroad, hereinafter called the Railroad Agreement, will be based upon the following documented eligible costs: A. All documented costs which were paid by the City to others that are determined by the State to be reasonable and necessary in making the Relocation. B. All commitments and agreements to purchase goods or services costing in excess of $2,500 each will be subject to prior written approval by the State. C. The provisions as specified by Article 2R in the Railroad Agreement are hereby found satisfactory by the State for use in applicable City contracts. Q. All approvals by the City to the Railroad for incurring expenses will require the Railroad to furnish and maintain supporting documentation for expenses to be reimbursed, to make available the documentation for audit by the Cityand/or its agents, and to maintain the documentation for three years following final reimbursement to the Railroad by the City. ARTICLE 20. Engineering and Environmental. It is anticipated that all engineering and environmental functions related to the Relocation will be performed by consultants and the Railroad as follows: A. The following are tasks to be performed by consultants: (I) Prepare environmental assessments, with level 1 assessments for hazardous materials including participation in public hearings or meetings with the City and/or the State, which are to be coordinated with the State for incorporation in the envrionmental assessment for the controlled access highway facility. (II) Prepare preliminary location and design for the Relocation including a switch connection proximally east of Reese Air Farce Base, a railcar yard containing at least three tracks (each track capable of staring at least forty railcars), and a yard along the Railroad's Whiteface Line suitable for the loading and unloading of aggregate and other commodities, and prepare recommeded optimum locations for a piggyback facility, a parking lot for an excursion train and a possible maintenance facility for the Railroad. May 23, 1991 Page 347 (III) Obtain Interstate Commerce Commission approval and any other governmental approvals necessary for the Relocation. (IV) Prepare a right-of-way map for right-of-way to be furnished to the Railroad. The map will be prepared following the guidelines for State highway right-of-way projects. Furnish field notes sealed by a registered professional land surveyor for individual parcels to be acquired for the right-of-way. Furnish sketches of whole properties out of which the parcels are to be acquired. Be available as expert witness in condemnation proceedings. (V) Prepare a final Railroad right-of-way map sealed by a registered professional land surveyor with the map showing all improvements on the right-of-way. (VI) Prepare plans, specifications and estimates and bid proposals for construction of the Relocation, including a switch connection proximally east of Reese Air Force Base, a railcar yard containing at least three tracks (each track capable of storing at least forty railcars), and a yard along the Railroad's Whiteface Line sutiable for the loading and unloading of aggregate and other commodities. (VII) Perform construction inspection and engineering. (VIII) Prepare monthly and final estimates for costs under construction contracts. (IX) Prepare as -built plans for the Relocation. (X) Provide horizontal and vertical control and panels on the selected alignment of the railroad relocation for aerial photogrammetry. A. Horizontal Control: 1. Panel Layout 2. Primary traverse and satellite points if needed. 3. State Plane adjusted to surface is the coordinate system to be provided. 4. Coordinates for points other than horizontal control points, obtained by a field crew for right-of-way and centerline. NOTE: One panel at a maximum spacing of 1800 feet. A minimum of 3 panels on each tangent. B. Vertical Control: 1. Primary Control 2. Wing point distance off base line: L 200' - R 200' 3. A band of 3 panels at a maximum spacing of 1800 feet. A minimum of 3 bands on each tangent. 4. Mowing of high grass or weeds, as specified by the State, prior to flight. C. Panels 1. Horizontal and wing panel size at 6" x 82". 2. Made of cardboard, masonite, paint or tape as may be approved by the State. B. The following tasks will be performed by the Railroad: (I) Participation in obtaining Interstate Commerce Commission and any other governmental approvals. (II) Engage an engineering consultant to review preliminary plans; environmental assessments; plans, specifications and estimates; construction inspections; and final inspections for the Railroad as provided in the Railroad Agreement. May 23, 1991 Pge 348 (III) Negotiations with the AT&SF Railroad for agreement allowing the Railroad to interchange with the AT&SF at the new track intersection northwest of Loop 289. C. The following tasks will be performed by the State at State expense: (I) State will provide an uncontrolled flight to obtain aerial photographs of the railroad relocation corridor. (II) State will provide a controlled flight to provide a pianimetric map at a scale of 1" = 100' and cross -sections in digital or plotted form. ARTICLE 2;L, Right -of -Way. Right -of -Way to be furnished to the Railroad and to be acquired for the highway facility will be handled in accordance with the following procedures: A. The City and State will perform the following tasks in acquiring the proposed right-of-way for the Railroad: (I) The City will purchase title insurance for all parcels. (II) Real estate appraisers on the State's list of approved appraisers will be employed by the City. (III) The State will review real estate appraisals and furnish approved values to the City. (IV) Acquisition by negotiation or condemnation will be the sole responsibility of the City. (V) The State will review and have sole approval authority as to acceptance of Special Commissioners' Awards, settlements and possible appeals for all parcels acquired by condemnation. (VI) The City will dispose of salable improvements by public bid and give the State credit for 90% of the net amounts received. (VII) The City will engage outside engineering consultants to negotiate for any necessary adjustments of utility facilities and for the right to occupy, for railroad purposes, the utility owned right-of-way. (VIII) Payments by the City to utility companies for rights to occupy utility right-of-way will be considered as a cost of right-of-way and reimbursed by the State accordingly. (IX) The City will engage consultants to perform assessments for hazardous waste or contaminated materials on the right-of- way, and for remediation as may be necessary and as approved by the State. (X) The City will arrange for any utility service necessary to operate the new railroad facility. B. The following tasks are to be performed in acquiring the existing right: -of -way owned by the Railroad. (I) Real property interests not owned by the Railroad will be acquired by the State. all agreements with utility companies will be handled by the State. May 23, 1991 Page 349 (II) The City will engage consultants to perform level 1 assessments for hazardous waste or contaminated materials on the right-of-way and level 2 assessments if required. Remediation or removal of hazardous and contaminated materials and removal of underground storage tanks will be handled by the State. (III) The State will be responsible for determing the fair market value of the old right-of-way as specified in Article 4.c in the Railroad Agreement. (LIV) All consultants hired by the State to determine the fair market value of the old right-of-way and copies of documents relative to the fair market value determination will be made available to the City for use in any eminent domain proceedings as specified by Article 4.b in the Railroad Agreement. M The City requests the State to perform the provisions of this Article 21 B of this agreement where the State is described as the responsible party to achieve the tasks. The City agrees to escrow, by separate agreement the form of which shall be agreeable to State, with the State 10% of the costs estimated by the State to perform the tasks. If the actual costs will appear to exceed the estimates upon request, the City will escrow such additional amounts estimated by the State to be 10% of the total actual costs. Upon completion of these taks, the State will return to th eCity any escrowed amounts which exceed 10% of the final total costs. The State will furnish the City a listing of all costs incurred by and paid to others by the State in performing the tasks. (V1) The State will dispose of any improvements located on the land where title is conveyed to the State. A 10% credit will be given to the City for any amounts received from disposition for the improvements less any expense incurred in disposition. ARTICLE 22,_ Construction. The facilities to be construced in the Relocation will be handled in the following manner: A. Construction contracts will be awarded by the City. B. Items deemed necessary to procure in advance of construction for timely completion of the Relocation and as approved by the State will be procured by the City. C. Force account agreements with AT&SF and others as may be necessary will be handled by the City. ARTICLE 23. Reimbursement. Requests by the City to the State for reimbursement of eligible costs must be supported as follows: A. All billings to the State must be documented to support amounts requested with documentation to include certification by consultants, where applicable as to receipt of goods or performance of services, and certification by the City that the amounts paid are in accordance with this agreement. B. All billings must specify the entity which the amounts requested for reimbursement were paid to by the City. C. Billings must identify the reimbursement amounts requested as being engineering and environmental, right-of-way, or construction. May 23, 1991 Pge 350 D. The City will maintain all records for three years following final reimbursement. IN TESTIMONY WHEREOF, the State and City have executed duplicate counterparts of this agreement on the dates indicated. CITY OF LUBBOCK By:/s/ B. C. McMinn B. C. McMinn, Mayor Date:, May 23, 1991 ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ James E. Bertram James E. Bertram, Assistant City Manager for Development Services APPROVED AS TO FORM: s J. Worth Fullinoim J. Worth Fullingim Assistant City Attorney THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies or work program heretofore approved and authorized by the State Highway and Public Transportation Commission under the authority of Minute Order 82513. Gary Bernethy, P.E. State Right of Way Engineer Date: RECOMMEDED BY: William M. Pope, P.E. District Engineer Date: On January 24, 1991, Council approved an Agreement (signed by the State on February 12, 1991) with the State Department of Highways and Public Transportation that provided that the City will effect the relocation of the railroad to accommodate the construction of the East-West Freeway. The State will pay 90% of the eligible costs; the City will pay 10% of the costs. On February 28, 1991, Council approved an Agreement (signed on March 8, 1991) with the Seagraves, Whiteface and Lubbock Railroad which set forth the terms under which the City and the Railroad would operate to achieve railroad relocation. When the Agreement with the State was approved on January 24, 1991, it was understood that an Agreement between the City and the State would be drawn to set forth the working procedures to be followed during the relocation. The proposed Agreement amends the City - State Agreement dated February 12, 1991 and merges it with the City -Railroad Agreement of March 8, 1991. The proposed Agreement more definitely identifies which agency will perform the relocation work and provides the procedures for State reimbursement of eligible costs to the City. The State will reimburse the City 90% of all the documented, reasonable and necessary costs paid by the City to others to satisfy the conditions set forth in the City -Railroad Agreement of March 8, 1991. May 23, 1991 Page 351 Specific responsibilities and procedures for paying the associated costs are set forth under the following three major tasks with accompanying subtasks: 1. Engineering and Environmental a. The City will contract with an engineering firm to perform the engineering and envi- ronmental functions. b. The Railroad will assist with the Interstate Commerce Commission approval of the relocation, hire a private engineer to represent them throughout the project and negotiate with the Atchison, Topeka and Santa Fe Railway for a revised operating agreement on the Clovis Line. 2. Right-of-way a. New Right -of -Way - The City will handle title insurance, appraisals, condemnation, disposal of improvements to the land, utility adjustments, easements, assessments for hazardous materials and utility service. The State will handle review appraisals. b. Existing Right -of -Way - The State will acquire real property interests to the right-of-way and will handle utility adjustments, remediation of hazardous materials, determination of the fair market value of the land and disposal of improvements to the land. The City will be required to escrow our ten percent matching funds. 3. Construction a. The City will administer construction contracts. b. The City will handle advance procurement of railroad materials. C. The City will develop force account agreements with the Atchison, Topeka and Santa Fe Railway. May 23, 1991 Pge 352 91-54A-352-303 (21.) In the future, the State will require the City to execute an Escrow Agreement and provide them with an amount ❑f money equal to the City's 10% share of the estimated costs of the existing railroad right-of- way. Funding for the City's 10% ❑f the eligible costs for the railroad relocation is available from the issuance of General Obligation Bonds and Certificates of Obligation in 1989. Motion was made by Councilwoman Baker, seconded by Councilwoman Trejo to authorize Resolution #3618 as recommended by Staff. Motion carried: 7 Yeas; O Nays. RESOLUTION #3619 The City has executed agreements with the State Department of Highways and Public Transportation and the Seagraves, Whiteface and Lubbock Railroad that provide the City will perform all engineering services required to relocate a portion of the Seagraves, Whiteface and Lubbock Railroad to accommodate the construction of the East-West Freeway. On April 11, 1991, Council authorized Staff t❑ negotiate a Contract with HDR Engineering, Inc., to perform these professional services. This proposed Agreement with HDR is for Phase 1 of a three-phase project which will take the project through selection of the preferred route for the new railroad line and approval of the environmental document (Environmental Assessment or Environmental Impact Statement) for the selected alignment. Phase 2 for engineering design and Phase 3 for construction services will be negotiated for the selected alignment. Costs for Phases 2 and 3 of the project cannot be negotiated at this time, since the level ❑f effort will depend on the new railroad alignment that is selected. Phase 1 of the project will include the following tasks: 1. Project Management. 2. Data Collection. a. Existing conditions. b. Research on piggyback operations, rail car maintenance facilities and excursion trains. 3. Identification of three alternative routes. 4. Evaluation of alternative routes. 5. Determination of preferred route. May 23, 1991 Page 353 6. Schematic drawing of preferred route. 7. Preliminary right-of-way and traffic analyses. 8. Report on items 1 through 7. 9. Evaluation of each of the three alternative routes for their environmental impact. la. Level 1 hazardous materials investigation on each of the three alternative routes and the existing railroad right-of-way. 11. Preparation of draft and final environmental document. 12. Conduct of three public meetings and a public hearing, 13. Interstate Commerce Commission and Texas Railroad Commission approval ❑f the relocation. According to Staff comments, Phase 1 of the project is estimated to have a duration of 17 months. Given a June 1 start date, Phase 1 should be completed in October, 1992. This 17-month period includes about 13 months for review and approval of the environmental document by the appropriate State and Federal agencies. This schedule may be adjusted based on the actual duration of the review and approval process. The total cost of Phase 1 of this Contract is $886,971, and includes the costs and fixed fees for HDR and all of their subcontractors. The State will pay 90% of the costs of the engineering services to be provided by the HDR team; the City will pay the remaining 10%, from funds derived from the issuance of General Obligation Bonds and Certificates of Obligation in 1989. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Aderton to authorize Resolution #3619 with minor changes to agreement submitted as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50A-353-304 (22.) May 23, 1991 Pge 354 RESOLUTION #3620 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, Texas, and the Texas Historical Commission, a State Agency, a Certified Local Government Grant Agreement and associated documents, 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 23rd day of May, 1991. /sf B. C. McMinn B. C. McMINN, MAYOR ATTEST: IsZ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Zsl Jim Bertram Jim Bertram, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney CERTIFIED LOCAL GOVERNMENT GRANT This agreement is entered into by the Texas Historical Commission, a State Agency, hereinafter referred to as the Commission, and the City of Lubbock, hereinafter referred to as the Contractor, pursuant to a granit made to the Commission for Fiscal Year 1991, by the U.S. Department of the Interior, National Park Service, under the provisions of the National Historic Preservation Act of 1966, P.L. 89-665 (15 U.S.C. Sec. 470 f). This grant is made for the purpose of funding a project or projects to be undertaken by the Contractor as a participant in the Certified Local Government Program. The Contractor in consideration of the hereinafter monetary sum to be paid by the Commission agrees as follows: SEC. 1. The Contractor shall undertake and complete the project and/or projects detailed in the Project Proposal (Attachment I), to be executed within the jurisdiction of the City of Lubbock, Texas, in the County of Lubbock, Texas. SEC. 2. It is agreed that the Contractor shall be an independent Contractor for the purposes of this Agreement. The Contractor shall not be considered the agent, the servant, or the employee of the Commission for any purpose whatsoever. The liabilities of any kind arising from the performance of the contracted work covered by this Agreement and all Appendices thereto are the resposibility of the Contractor. May 23, 1991 Page 355 SEC. 3. In the event that the Contractor proposes to undertake an inventory of cultural resources in the City of Lubbock, then the Contractor shall be required to enter into an Architectural Survey Agreement with the Commission, and to fulfill all of the requirements stated in that contract document and in "Guidelines for Survey and Planning Grants" (Attachment III). SEC. 4. In the event that the Contractor proposes to undertake the preparation of a nomination to the National Register of Historic Places, the Contractor shall utilize the current forms in use by the Commission, as well as the current instructions for the completion of such forms, which are ailso provided by the Commission. SEC. 5. The staff employed by the Contractor shall meet the criteria for employment as prescribed by the Commission as outlined in "Guidelines for Survey and Planning Grants" (Attachment III), must meet the professional qualifications as outlined in 36 CRF 61, and be employed by competitive procurement. Regulations of the U.S. Department of the Interior strictly prohibit unlawful discrimination in federally - assisted programs on the basis of race, color, and/or national origin. Therefore, the Contractor must sign DI Form 1350 (Attachment IV) and return signied form to the Commission with this contract. In all cases the person(s) employed by the Contractor to complete the work specified in Sec. 1 must meet with the approval of the Commission. The professional hired must also attend an orientation session with the Commission's National Register staff prior to commencing work. SEC. 6. The Contractor shall keep accurate financial records available for audit by the Commission or by Federal auditors three years from Project End Date. In addition to the terms detailed in this Agreement, all Federal requirements governing grants (Office of Management and Budget Circulars A-87 or A-122, A-102 or A-110, and A- 128) are applicable. SEC. 7. All grant funds shall be spent in the manner and amounts specified in the Approved Project Notification with detailed Budget, a copy of which is attached to this document as Attachment 1I> SEC. 8. The work covered by this Agreement shall begin May 20, 1991 and be completed by July 31, 1992. If for any reason the work is not -completed by such date or if the Agremment is cancelled due to Contractor's default, then all amounts paid under this Agreement shall be immediately due and repayable to the Commission. It is further agreed that all materials stipplated in Attachment I and all reimbursement requests be submitted to the Commission by August 31, 1992. SEC. 9. All documents referred to herein are hereby specifically adopted as part of this Agreement, as is set forth herein. The COMMISSION, in consideration of the hereinbefore described undertaking by the Contractor, agrees as follows: The Commission shall reimburse the Contractor exclusively from U.S. Department of the Interior grant-in-aid funds for historic preservation (Certified Local Government) upon the receipt and approval of invoices from the Contractor as long as the Contractor is in compliance with this Agreement, up to the total grant sum of $5,000 as specified in the Grant Award Letter (Attachment 1). Such payments to be made as requested for services actually rendered, or if mutually agreed, in one lump sum up to the total grant sum, upon completion and approval of all the requirements set forth in this Agreement. The Contractor shall submit documented reimbursement requests to the Commission and the Commission will in turn reimburse the Contractor up to one half of the requested figure. It is further agreed that a sum not to exceed 25% of the total granted sum will be retained by the Commission until all stipulated materials and properly documented reimbursement requests are submitted by the Contractor. May 23, 1991 Pge 355 IT IS FURTHER AGREED and understood by both parties that: SEC. I. All materials published, printed, or used for public distribution funded in whole or in part by the Commission will note on its materials that the Texas Historical Commission and the U.S. Department of the Interior, National Park Service, aided in financially assisting this work. However, the contents and opinions do not necessarily reflect the views and policies of the Department of the Interior, nor does the mention of trade names or commercial products constitute endorsement or recommendation by the Department of the Interior. SEC. 2. This Agreement may not be amended by either party without the written consent of the other party. In special cases, adjustment of the contractual requirements may be necessary pursuant to recommendations by the National Register Department with the approval of the Texas Historical Commission. SEC. 3. The Commission reserves the right to terminate this Agreement when it is determined that the Contractor has failed to comply with the terms and conditions of this Agreement or if it is determined by both parties that the products being produced are not beneficial to the project. WITNESS OUR HANDS this 20th day of May, 1991. CONTRACTOR COMMISSION By:LsL B. C. McMinn B. C, McMinn, Mayor Contractor's Agent THE TEXAS HISTORICAL By:/s/ Curtis Tunnell Curtis Tunnell Executive Director APPROVED AS TO FORM: By:/s/ Alexander Eagleson Assistant Attorney General Attachment I: Project Proposal and Grant Award Letter Attachment II: Approved Project Notification (with detailed budget) Attachment III: "Guidelines for Survey & Planning Grants" Attachment IV DI Form 1350 and Addendum The Texas Historical Commission awarded this grant to the City of Lubbock from funds reserved for municipalities program. The City of Lubbock Urban Design and Historic Preservation Commission recommended the request for funds to: 1) prepare a multiple property nomination to the National Register of Historic Places for the Overton Addition and 2) provide travel funds for City Staff and commission members to the Certified Local Government Conference in Austin in November. Commission member attendance at preservation education activities is required for continue CLG status. According to Staff comments, this grant request has successfully completed the City's grant evaluation process. This is the fifth grant the City has received for historic preservation activities under this program. This Resolution is based upon the award letter and draft contract from the THC, and the final Contract should be received soon. Staff recommended approval. Motion was made by Councilman Maloy, seconded by Councilwoman Trejo to authorize Resolution 43520 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. May 23, 1991 Page 357 91-50A-357-305 (23.) Com an 9308 Chicago Avenue). RESOLUTION #3621 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Street Use License in favor of Lubbock Land Company for private utility service lines in a portion of Chicago Avenue, 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 23rd day of May, 1991. Lsf 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: ZsL J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney STREET USE LICENSE THE STATE OF TEXAS § COUNTY OF LUBBOCK § This indenture made this 23rd day of May, 1991, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and LUBBOCK LAND COMPANY, hereinafter called "LICENSEE." WITNESSETH: Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license to use a portion of the dedicated street for private utility lines to serve Lot 19, Preston Place Addition to the City of Lubbock, Lubbock County, Texas, to -wit: METES AND BOUNDS DESCRIPTION of a portion of Chicago Avenue adjacent to Lots 18 and 19, Preston Place Addition, a replat of Tract "D," the Meadows, an Addition to the City of Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the Northwest right-of-way line of Chicago Avenue which is the original most Southerly Southeast corner of Lot 18, Preston Place, an Addition to the City of Lubbock, Lubbock County, Texas; May 23, 1991 Pge 358 THENCE Northeasterly, along the Northwest right-of-way line of Chicago Avenue around a curve to the right, said curve having a radius of 204.82 feet, a central angle of 26042'18", tangent lengths of 48.62 feet, a chord distance of 94.60 feet and a chord bearing of N. 18°57'22" E. to a point in the Southeast line of said Lot 19; THENCE S. 45° E. a distance of 9.75 feet; THENCE Southwesterly around a curve to the left, said curve having a radius of 195.32 feet, a central angle of 25048'09", tangent lengths of 44.74 feet, a chord distance of 87.22 feet and a chord bearing of S. 18046'41" West; THENCE S. 89059'39" W. a distance of 9.55 feet to the POINT OF Bt"u IIIN I NG . The 'term of this grant shall be for five (5) years from date hereof, and shall be automatically extended for successive five (5) year terms not Ito exceed twenty (20) years in any event unless either party shall give written notice of termination to the other party before the expiration of the first, second or third five (5) year term, as the case may be, and the CITY OF LUBBOCK retains the right at its election to cancel and revoke this license with or without cause upon notice to LICENSEE. Said notice shall be deemed properly served if deposited in the post office, postage paid, addressed to LICENSEE at 2712 82nd Street, Lubbock, Texas 79423, or the last known address of LICENSEE. Upon the expiration or cancellation and revocation of this license by the CITY OF LUBBOCK, or the abandonment of the license by the LICENSEE, 'the improvements that are permitted under this license shall be removed by the LICENSEE and the property shall be restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or refuses to remove such improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall take possession and remove or cause to be removed such improvements, and the expense incurred shall be assessed against LICENSEE for which LICENSEE shall be liable. 1. LICENSEE shall pay to the CITY OF LUBBOCK as compensation for such grant the sum of THREE HUNDRED TWENTY AND NO/100 ($320.00) DOLLARS cash in advance contemporaneously with the acceptance and execution hereof by LICENSEE for the first five (5) year term of this license, and thereafter such rate of compensation may be changed for each succeeding five (5) year term by the CITY OF LUBBOCK to a rate of compensation which is based on procedures and policies as established by the City Council of the CITY OF LUBBOCK based on an appraisal of the fair market; value of such land by the Right -of -Way Department of the CITY OF LUBBOCK as applied to the formula for determining such rate established by the City Council. If such rate is not changed by the CITY OF LUBBOCK, the rate for the preceding five (5) year term shall apply. The CITY OF LUBBOCK shall notify the LICENSEE of any change in raters in writing before the start of the five (5) year term to which such change in rate shall apply, and if such notification is not made, then the rate for the preceding five (5) year term shall apply. 2. The LICENSEE agrees to pay all costs arising out of the exercise of this license herein granted, including but not limited to the replacement and repairing of paving, sidewalks and utilities of any nature occasioned by the construction as authorized by the license. 3. In the event the CITY OF LUBBOCK determines that the existence of such use interferes with or causes the rerouting or realignment of any public utility, franchised utility or sanitary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK or franchised utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK or such utility, as the case may be, for its expense in relocating or rerouting over and above the expense which would have been incurred except for LICENSEE'S use herein. May 23, 1991 Page 359 4. This license is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 5. This license is made subject to the condition that should the LICENSEE exercise any right under the license herein granted and prepare or begin or complete any part of the construction as herein contemplated across any or all of the above described property, then and in that event said LICENSEE, its successors and assigns, will at all times defend, indemnify and otherwise hold the CITY OF LUBBOCK, its agents, servants and employees harmless from any and all claims, demands, actions, causes of action, suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this license or the construction or maintenance and use permitted hierein. The CITY OF LUBBOCK, at its option, may require an agreement with any contractors hired by LICENSEE to perform the construction, repair or maintenance permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractors. The CITY OF LUBBOCK may further require any of said contractors, when engaged in the construction, repair or maintenance permitted herein, to furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond, in an amount and in a form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and conditions contained in said agreement, and a certified copy of a policy of public liability insurance assumed by said contractors in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to incurring any costs or expenses or the payment of any such claims or demands in order to give LICENSEE a reasonable opportunity to settle or adjust the same. 6. LICENSEE agrees and is required to furnish a policy of public liability and property damage insurance, within limits specified by, and in a form satisfactory to the City Attorney for the CITY OF LUBBOCK, and which names the CITY OF LUBBOCK as the insured, said policy covering the uses herein granted. 7. All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the successors, legal representatives, assigns and the duly authorized agents and contractors of the parties hereto to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the LICENSEE, its successors or assigns, shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBDCK in each instance, except as specified in numbered paragraph four (4). May 23, 1991 Pge 360 8. LICENSEE, by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are intended or implied except those expressly set forth herein, and LICENSEE waives any and all claims in and to the public way it is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this license. CITY OF LUBBOCK BY:Ls/ B. C. McMinn B. C. MCMINN, MAYOR ATTEST: Is/ Ranette Boyd Ranette Boyd, City Secretary AGREED TD AND ACCEPTED this 23rd day of May, 1991. LICENSEE: LUBBOCK LAND COMPANY BY: RANDY NEUGEBAUER, President APPROVED AS TO CONTENT: L Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: ZsL_J. Worth Fullineim J. Worth Fullingim, Assistant Cite Attorney THE STATE OF TEXAS g COUNTY OF LUBBOCK g BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared B. C. McMINN, MAYOR, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 23rd day of May, 1991. /s/ Olivia R. Solis Notary Public in and for the State of Texas My Commission Expires: 11/30/95 May 23, 1991 Page 359 4. This license is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 5. This license is made subject to the condition that should the LICENSEE exercise any right under the license herein granted and prepare or begin or complete any part of the construction as herein contemplated across any or all of the above described property, then and in that event said LICENSEE, its successors and assigns, will at all times defend, indemnify and otherwise hold the CITY OF LUBBOCK, its agents, servants and employees harmless from any and all claims, demands, actions, causes of action, suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this license or the construction or maintenance and use permitted herein. The CITY OF LUBBOCK, at its option, may require an agreement with any contractors hired by LICENSEE to perform the construction, repair or maintenance permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractors. The CITY OF LUBBOCK may further require any of said contractors, when engaged in the construction, repair or maintenance permitted herein, to furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond, in an amount and in a form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and conditions contained in said agreement, and a certified) copy of a policy of public liability insurance assumed by said contractors in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to incurring any costs or expenses or the payment of any such claims or demands in order to give LICENSEE a reasonable opportunity to settle or adjust the same. is. LICENSEE agrees and is required to furnish a policy of public liability and property damage insurance, within limits specified by, and in a form satisfactory to the City Attorney for the CITY OF LUBBOCK, and which names the CITY OF LUBBOCK as the insured, said policy covering the uses herein granted. .1. All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the successors, legal representatives, assigns and the duly authorized agents and contractors of the parties hereto to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the LICENSEE, its successors or assigns, shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance, except as specified in numbered paragraph four (4). May 23, 1991 Pge 360 8. LICENSEE, by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are intended or implied except those expressly set forth herein, and LICENSEE Naives any and all claims in and to the public way it is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this license. CITY OF LUBBOCK BY:/s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: Ls/ Ranette Boyd Ranette Boyd, City Secretary AGREED TO AND ACCEPTED this 23rd day of May, 1991. LICENSEE: LUBBOCK LAND COMPANY BY: RANDY NEUGEBAUER, President APPROVED AS TO CONTENT: /sj Ed gucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /sj J Worth Fullinoim J. Worth Fuilingim, Assistant City Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared B. C. McMINN, MAYOR, known to me to he the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 23rd day of May, 1991. /s/ Olivia R. Solis Notary Public in and for the State of Texas My Commission Expires: 1I/30/95 May 23, 1991 Page 351 THE STATE OF TEXAS § COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared RANDY NEUGEBAUER, known to me to be the person whose name is subscribed to the foregoing instrument: and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated as the act and deed of LUBBOCK LAND COMPANY. GiVF'N UNDER MY NAND AND SEAL OF OFFICE this , 1991. day of Notary Public in and for the State of Texas My Commission Expires: This Resolution authorizes the Mayor to execute a Street Use License with the developer of Preston Place Addition, Lubbock Land Company, Randy Neugebauer, President, to allow placement of private utility lines in the west right-of-way (parkway area) of Chicago Avenue in an area approximately 9.50' in width and 94' in length to serve Lot 19, Preston Place Addition. Lot 19 (no alley access) is bound on the west by 93rd Street, on the north by Clinton Avenue, on the east by Chicago Avenue, and on the south by Lot 18 (alley access). The developer and the City were aware of this lack of alley access at platting time, and utility departments voiced opposition because of probable utility location problems. To address these problems, the developer platted a 10' Utility and Private Access Easement to serve Lot 19 along the east edge of Lot 18. This Easement connects Lot 19 with the alley at the south end of Lot 18 and the private utility lines (water, sewer, telephone, gas, cable an electricity) of Lot 19 could go underground through this Easement. Everything would have worked had Lot 19 been developed first; however, Lot 18 was developed first with a home built, a fence, and South Plains Electric Co-op installed a switch box at the south end of this Easement in the alley. The Easement blocked most of the area for the utilities from Lot 19 to reach the alley. It would cost approximately $5,000 to move this switch box, and additionally, houses in this area would be without electricity for several hours. May 23, 1991 Pge 362 91-50.4-362-306 (24.) Staff solution to this problem was to issue a Street Use License to the developer for the homebuilder, Russ Baxter, to use for the private utility lines. After the house sells, this License will be transferred to the new property owner. South Plains Electric Co-op has secondary and primary electrical lines which are 2' east of the fence of Lot 18 and need to be licensed. That leaves 64" for installation of water, sewer, gas, telephone, and cable. The builder, developer and plumbing contractor will be be advised of this private utility situation. Cost of this License will be $50 per year for 20 years. The $I50 application fee has been paid. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Phillips to authorize Resolution #3621 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. RESOLUTION #3622 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 t❑ 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 t❑ 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: 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" and "B" 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. May 23, 1991 Page 363 SECTION 2. THAT the owner of said tract, being Gloria Forrestine Tuffing Kline, BE offered through the Right -Of -Way Department of the City of Lubbock the amount of $14,075.00, 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 t❑ said owner of $14,075.00 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 ❑f said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the easement title t❑ said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 23rd 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/ Ed Buc— Ed Bucy, Right -Of -Way Agent APPROVED AS TO FORM: Is/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney These two Flood and Restrictive Easement areas are located approximately two miles north ❑f Justiceburg, and they will protect the City of Lubbock if Lake Alan Henry ever attains flood elevation due to excess rainfall and water backs up onto the ]Cline property. These two tracts which total 140.75 acres are 25.30 acres (Easement "A") and 115.45 acres (Easement "B") both in Section 21. Acquisition price for this 140.75 acres is $100 per acre for a total offering price to Mrs. Kline of $14,075. Motion was made by Councilwoman Trejo, seconded by Councilman Aderton t❑ authorize Resolution #3622 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50A.-363-307 (25.) Consider Ordinance #9449 adogting the 1990 Edition of the National Electric Code, with amendments. ORDINANCE #9449 AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY 017 LUBBOCK WITH REGARD TO THE CITY OF LUBBOCK ELECTRICAL CODE; PROVIDING FOR ADOPTION OF THE 1990 EDITION OF THE NATIONAL ELECTRICAL CODE; PROVIDING FOR DELETION OF SUBSECTION 300-4(D) FROM SUCH CODE; PRDVIDING FOR AMENDMENT OF SECTIONS 6-153, 6-158, 6-159, 6-228 AND 6-260 OF SUCH CODE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. May 23, 1991 Pge 364 The City's current Electric Code is the 1987 Edition of the National Electric Code; the proposed Ordinance will replace the 1990 Edition. A few minor changes were recommended by a study committee of the Electrical Board and were later approved by the full Board. One of those changes is to Section 6-153 of the City of Lubbock Code which contains a provision that if an electrician is licensed or has been licensed to work in another city for three years prior to coming to Lubbock, that person may apply for and receive a license without taking the required examination under the reciprocity rule. The proposed change allows the Electrical Board to waive the three year requirement if the reciprocating City does not have a similar three year requirement. Another change is to Section 6-228(11) and requires that all governmental agencies prove that they are exempt by state or federal law from paying for electrical permits. If found to be exempt, the agencies must secure a permit and pass inspection. This change will make the Electric Code consistent with the Building Code which amended last year to require all government agencies to get and pay for building permits. A third change is to Section 6-250 in which Chapter 3 of the National Electric Code is deleted in its entirety. That section deals with cables and raceways installed in framing members and would require that a metal device be installed into a hole drilled in a 2 X 4 stud for electrical wiring protection. Another change is to Section 6-260 relates to fixtures in clothes closets. The 1990 Edition of the NEC would require that light fixtures in closets be recessed into the ceiling or wall or be covered in some manner so that the bulb is not exposed into the closet. The proposed Ordinance would leave that section as it is currently written in the 1987 Edition. Recommended changes to Sections 6-158 and 6-159 deal with master sign electricians being required to have only two years of experience as Journeyman before taking the Master Exam; the Code currently stipulates four years of experience. Similarly, only two years of experience as an Apprentice is recommended before one can get a Journeyman's License; the current Code stipulates four years of experience. This shortened experience requirement is not uncommon in the sign industry and until just recently has not been brought to Staff's attention. During the Board's discussion it was noted that the "sign" electrician does not perform the full range of work of a "regular" master or journeyman electrician does nor are they required to pass the same exam. All recent amendments with respect to licensing of journeymen and master electricians are included in the ordinance and remain unchanged. City Staff and the Board of Electrical Examiners recommended this proposed Ordinance to the City Council with the changes as set out above. May 23, 1991 Page 355 91-50A-355-.308 (25.) Motion was made by Councilwoman Baker, seconded by Councilman Phillips to pass on first reading Ordinance #9449 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. RESOLUTION #3523 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 Supplemental Lease Agreement by and between the City of Lubbock and Mackenzie Park Playground, Inc. d/b/a Joyland Amusement Park, 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 23rd 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 Dan A. Hawkins Dan A. Hawkins, Director of Water Utilities APPROVED AS TO CONTENT: s Lee Osborn Lee Osborn„ Director of Parks and Recreation APPROVED AS TO FORM: s Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney May 23, 1991 Pge 366 STATE OF TEXAS COUNTY OF LUBBOCK 0 KNOW ALL MEN BY THESE PRESENTS: 0 SUPPLEMENTAL JOYLAND AMUSEMENT PARK LEASE AGREEMENT WHEREAS, the City of Lubbock did enter into a Lease and Concession Agreement with MacKenzie Park Playground, Inc. d/b/a Joyland Amusement Park on the 13th day of August, 1987 (a copy of which is attached hereto); and WHEREAS, said Agreement did contemplate that the Lessee/ Concessionaire would make capital improvements to the rides and facilities contained in Joyland Amusement Park; and WHEREAS, Lessee/Concessionaire has indeed made capital improvements since the execution of this original Lease Agreement heretofore mentioned; and WHEREAS, there is an additional need to supplement the original Lease Agreement to provide for the rights of the City to ingress and egress at all times with or without notice to Lessee/Concessionaire to maintain any of City facilities located in, under or near the leased premises; NOW THEREFORE: THE PARTIES HERETO AGREE AS FOLLOWS: 1. That the Lessee/Concessionaire does hereby agree to immediately, upon notice, remove or relocate any ride, amusement apparatus or other capital improvements, permanent or temporary, when such is required by the City in order to gain access to any of City's facilities located in, on, under or near the leased premises. As used herein "notice" shall mean actual notice for routine inspection, maintenance and repair, but in the event of an emergency as determined by the department director (or his designate) of the City's Water and Sewer Department, "notice" shall mean a reasonable attempt to contact Lessee/Concessionaire at an address or telephone number located in Lubbock County, Texas furnished by Lessee/Concessionaire. 2. Lessee/Concessionaire agrees to undertake the activities described in subparagraph 1 above at no cost to the City and in a timely manner so as to afford City access for its purposes. 3. In the event, after notice, Lessee/Concessionaire fails to move or relocate any ride, apparatus or capital improvement as heretofore mentioned within four (4) calendar days after such notice, the City shall have the right to undertake such activity and Concessionaire agrees to pay all costs incurred by the City in the event it is required to undertake such activity. In the event the City undertakes the activities heretofore contemplated by this subparagraph, the City shall have no liability whatsoever to Lessee/Concessionaire for any damages incurred to the property of Lessee/Concessionaire of any nature whatsoever. May 23, 1991 Page 367 4. Notwithstanding any other provision of this Supplemental Lease/Concession Agreement heretofore written in the event that an emergency arises in the operation at any of the City's facilities which requires immediate maintenance or repair, the City shall have the right to immediately remove and relocate any of Lessee/Concessionaire's rides, apparatus or capital improvements of any nature whatsoever when such action is required in order to gain access to City facilities in order to make the proper maintenance or repairs. In such event the City shall not he liable for any damages of any nature whatsoever incurred by Lessee/Concessionaire as a result of such action. In addition, City shall be reimbursed by Lessee/Concessionaire for all of its costs incurred as heretofore mentioned. DATED this 23rd day of May, 1991. CITY Oi= LUBBOCK MACKENZIE PARK PLAYGROUND, INC. d/b/a JOYLAND AMUSEMENT PARK IsZ B. C. McMinn BY:/s/ James E. Dean B.C. McM1NN, MAYOR ATTEST: LsL_Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: LsL_Dan A. Hawkins Dan A. Hawkins, Director of Water Utilities APPROVES AS TO CONTENT: /Lee Osborn Lee Osborn,. Director of Parks and Recreation APPROVED AS TO FORM: LsL.John C. Ross, Jr. John C. Ross, Jr., City Attorney Within the past two years, Joyland Amusement Park constructed a slide over a City of Lubbock sewer main. Subsequently, City Staff became concerned about potential liability to the City should the slide settle and cause injury. This Supplemental Lease Agreement requires the Lessee/Concessionaire (Joyland Amusement Park) to upon notice, immediately remove or relocate any ride, amusement apparatus or other capital improvements, permanent or temporary, when the City must gain access to City facilities located in, on, under or near the leased premises. The Lessee/Concessionaire will do this at no cost to the City and in a timely manner, and if, after notice, the Lessee/Concessionaire fails to perform these activities within four calendar days, this Supplemental Agreement allows the City to undertake the relocation and the concessionaire agrees to pay all costs incurred by the City. The City will have no liability to the Lessee/ Concessionaire for any damage incurred to the property of the Lessee/Concessionaire. May 23, 1991 Pge 368 In the event of an emergency in the operation at any of the City's facilities requiring immediate maintenance or repair, this Agreement gives the City the right to immediately remove and relocate any of the Lessee/ Concessionaire's rides when such action is required to gain access to City facilities to make proper maintenance or repairs. The City will not be liable for damages incurred by Lessee/Concessionaire because of such action and the City will be reimbursed by the Lessee/Concessionaire for all of its costs. At its April 23, 1991 meeting, the Park and Recreation Board considered this Supplemental Lease Agreement and recommended it to City Council for approval. Motion was made by Councilman Phillips, seconded by Councilman Maloy to authorize Resolution #3623 as recommended by Staff and Park and Recreation Board. Motion carried: 7 Yeas; 0 Nays. 91-50A-368-309 (27 Consider_Resolution #3624 authorizing the Mayor -to sign a revised Agreement between the City of Lubbock and Civic Lubbock, Inc. RESOLUTION #3624 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement by and between the City of Lubbock and Civic Lubbock, Inc. for concession sales in, or surrounding the Lubbock Municipal Auditorium/Coliseum, Lubbock Memorial Civic Center, the Meadowbrook Golf Course and other designated municipal facilities, said agreement is attached hereto, 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 23rd day of May, 1991. Is1 B. C. McMinn B. C. McMINN, MAYOR ATTEST„ s Rariette Boyd Ranette Boyd, City Secretary APPROV17D AS TO CONTENT: s Ri 1,a Harmon Rita Harmon, Assistant City Manager for Public Safety and Services APPROVf:R AS TO FORM: s John C. Ross, Jr. John C., Ross, Jr. City Attorney May 23, 1991 Page 367 4. Notwithstanding any other provision of this Supplemental Lease/Concession Agreement heretofore written in the event that an emergency arises in the operation at any of the City's facilities which requires immediate maintenance or repair, the City shall have the right to immediately remove and relocate any of Lessee/Concessionaire's rides, apparatus or capital improvements of any nature whatsoever when such action is required in order to gain access to City facilities in order to make the proper maintenance or repairs. In such event the City shall not he liable for any damages of any nature whatsoever incurred by Lessee/Concessionaire as a result of such action. In addition, City shall be reimbursed by Lessee/Concessionaire for all of its costs incurred as heretofore mentioned. DATED this 23rd day of May, 1991. CITY 01: LUBBOCK MACKENZIE PARK PLAYGROUND, INC. d/b/a JOYLAND AMUSEMENT PARK /s/ B. C. McMinn BY:/s/ James E. Dean B.C. i icM INN, MAYOR ATTEST: LsL_RanettE! Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: ZsLDan A. Hawkins Dan A. Hawkins, Director of Water Utilities APPROVES AS TO CONTENT: LsLLee Osborn Lee Osborn, Director of Parks and Recreation APPROVED AS; TO FORM: John C. Ross, Jr. John C. Ross, Jr., City Attorney Within the past two years, Joyland Amusement Park constructed a slide over a City of Lubbock sewer main. Subsequently, City Staff became concerned about potential liability to the City should the slide settle and cause injury. This Supplemental Lease Agreement requires the Lessee/Concessionaire (Joyland Amusement Park) to upon notice, immediately remove or relocate any ride, amusement apparatus or other capital improvements, permanent or temporary, when the City must gain access to City facilities located in, on, under or near the leased premises. The Lessee/Concessionaire will do this at no cost to the City and in a timely manner, and if, after notice, the Lessee/Concessionaire fails to perform these activities within four calendar days, this Supplemental Agreement allows the City to undertake the relocation and the concessionaire agrees to pay all costs incurred by the City. The City will have no liability to the Lessee/ Concessionaire for any damage incurred to the property of the Lessee/Concessionaire. May 23, 1991 Pge 368 In the event of an emergency in the operation at any of the City's facilities requiring immediate maintenance or repair, this Agreement gives the City the right to immediately remove and relocate any of the Lessee/ Concessionaire's rides when such action is required to gain access to City facilities to make proper maintenance or repairs. The City will not be liable for damages incurred by Lessee/Concessionaire because of such action and the City will be reimbursed by the Lessee/Concessionaire for all of its costs. At its April 23, 1991 meeting, the Park and Recreation Board considered this Supplemental Lease Agreement and recommended it to City Council for approval. Motion was made by Councilman Phillips, seconded by Councilman Maloy to authorize Resolution #3623 as recommended by Staff and Park and Recreation Board. Motion carried: 7 Yeas; 0 Nays. 91-50A-36B-309 (27.j Consider -Resolution 93624 authorizing the Mayor to sign a revised Agreement between the City of Lubbock and Civic Lubbock, Inc. RESOLUTION 93624 BE Ii RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement by and between the City of Lubbock and Civic Lubbock, Inc. for concession sales in, or surrounding the Lubbock Municipal Auditorium/'Coliseum, Lubbock Memorial Civic Center, the Meadowbrook Golf Course and other designated municipal facilities, said agreement is attached hereto, 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 23rd 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 Ri 1,a Harmon Rita Harmon, Assistant City Manager for Public Safety and Services APPROV17D AS TO FORM: s John C. Ross, Jr. John C., Ross, Jr. City Attorney May 23, 1991 Page 369 AGREEMENT STATE OF TEAS § COUNTY OF LUBBOCK § This Agreement is entered into on this the 23rd day of May, 1991, by and between the City of Lubbock, a home rule municipal corporation, hereinafter referred to as City, and Civic Lubbock, Inc., a non-profit corporation existing under the laws of the State of Texas, hereinafter referred to as Corporation. WITNESSETH: WHEREAS, the City and Corporation did enter into an Agreement on the 25th day of February, 1988, wherein City granted to Corporation a license for the use of the Auditorium/Coliseum and the Lubbock Memorial Civic Center; and WHEREAS, it is the desire of the City and Corporation to enter into a new Agreement establishing the relationship between City and Corporation; and WHEREAS, it is the desire of the City and Corporation to include Meadowbrook Golf Course into this Agreement; and WHEREAS, advances in computer technology have made it possible to provide additional and better services for the general public utilizing the above mentioned facilities; and WHEREAS, it is the desire of both City and Corporation to provide new and state of the art services to the general public who utilize the above mentioned facilities; NOW THEREFORE: BE IT RESOLVED BY THE CITY AND CORPORATION AS FOLLOWS: 1. This Agreement supersedes and takes the place of the Agreement entered into between City and Corporation on the 25th day of February, 1988, and upon execution shall establish and govern the relationship between City and Corporation. 2. The City hereby grants to Corporation a license for all food, beverage and other concession sales, in, or surrounding the Lubbock Municipal Auditorium/Coliseum, Lubbock Memorial Civic Center, the Meadowbrook Golf Course, and other designated municipal facilities as mutually determined by the City and the Corporation. 3. Corporation agrees that for and in consideration of such license, herein granted, that Corporation shall pay to: a. City twenty percent (20%) of the gross concession sales at the Municipal Auditorium/Coliseum and Lubbock Civic Center and other mutually determined municipal facilities during the term of this Agreement. The twenty percent (20g) of gross concession sales shall be paid by Corporation to City on a quarterly basis with the first such payment being due on the 10th day of April, 1990, and a similar payment on the same date of each succeeding quarter during the term of this Agreement. b. The Meadowbrook Golf Course, five percent (5%) of the gross concession sales at the Meadowbrook Golf Course. The five percent (5%) of gross concession sales shall be paid to the Meadowbrook Golf Course of the City on a quarterly basis with the first such payment being due on the 10th of July, 1991, and a similar payment on the same date of each succeeding quarter during the term of this Agreement. May 23, 1991 Pge 370 4. As additional consideration for this license Corporation agrees to pay all operational expenses associated with concession rights or sales including, but not limited to, the salaries of full or part time staff or employees engaged in concession sales. Routine maintenance of all concession areas included in this license shall not be considered an operational expense and shall be borne by City at no cost to Corporation. In addition, City shall, at its option, employ a food and beverage coordinator at City's expense who shall coordinate City and Corporation activities, related to concession services and operations, under this Agreement. a: Corporation agrees to conduct an annual audit of its book of account: each year during the term of this Agreement. The audit shall be completed no later than the 30th day of December, 1990, and each such date during succeeding years that this Agreement remains in effect between the parties hereto. City shall be furnished with a copy of Corporation's audit annually. City reserves the right to have the City's internal auditors conduct an audit upon the book of account of Corporation on a yearly basis during the term of this Agreement and Corporation agrees to make its book of account and other necessary records available for such audit. 15. If the audit presented by Corporation to City identifies a cash fund balance, after the payment of the total considerations hereinabove mentioned and excluding all expenses incurred or encumbered, the Corporation is hereby authorized to retain such fund balance as follows: a. The first one hundred thousand dollars of such cash fund balance shall be retained by Corporation as a reserve fund for performance of its obligations and duties herein set forth. b. Any fund balance remaining after the contribution to a reserve account as above mentioned shall be placed in a separate account entitled Major Project Reserve. 7. Corporation may use the funds deposited in the Major Project Reserve account, above mentioned, only for capital expenditures for improvements to the Auditorium/Coliseum or the Lubbock Memorial Civic Center. No fund from this account shall be spent by Corporation without the concurrence and prior approval of the City Council of the City of Lubbock. In addition, Corporation agrees to give immediate consideration to capital expenditures from this account when requested by the City Council. 13. Corporation agrees to prepare and present to the City, during the month of July for each year this Agreement is in effect, a budget for the upcoming fiscal year which commences October, 1990, and each October thereafter during the term of this agreement. The Corporation shall present this budget to the City Council for said City Council information and to receive recommendation from the City Council on said budget. 9. In addition to the license heretofore granted, the City does hereby further grant to Corporation a license to operate and manage all box office operations reasonably necessary for the operation of the Municipal Auditorium/Coliseum and the Lubbock Memorial Civic Center. This license authorized the Corporation to undertake, among others, the following activities: a. Undertake house staffing as deemed necessary by Corporation. b. Undertake ticket sales for all events. C. Utilize box office areas within the Municipal Auditorium/ Coliseum and Lubbock Memorial Civic Center. May 23, 1991 Page 371 d. Subject to local, state and federal laws, undertake a system of computerized ticket sales for events as requested by any facility, enabling Corporation to sell tickets to events in other facilities. e. To allow the Corporation to establish charges for its services in the area of ticket sales and to incorporate with Lessee of the above facilities, on a per event basis, for said charges. f. To undertake any other necessary services to implement a Regional computerized ticketing system. g. Subject to local, state and federal laws, to authorize the Corporation to market the use of the computerized ticket system to other facilities, in accordance with its contractual limits. 110. In consideration of the license granted in paragraph 9 above, Corporation shall use its resources in developing and implementing a computerized ticketing system and associated services for, but not limited to, the facilities above mentioned. The Corporation in this regard shall be responsible for the following: a. Cost of obtaining and installing such system. b. Cost of operating and maintaining such system. C. Cost of marketing of such system. d. All other related costs except routine cleaning and building maintenance cost of the box office areas in the above mentioned facilities, which will be the responsibility of the City. 11. Corporation shall keep the City Council of the City of Lubbock fully informed as to all costs related to implementation and operation of this system and will identify operating cost and other expenses associated therewith in its annual budget submitted to the City. 12. Corporation agrees to use its best efforts to make maximum use -of the facilities hereinabove mentioned so that events providing entertainment and adding to the cultural and educational quality of life of the citizens of the City will be presented. 13. In consideration of the Corporation services to be rendered under this Agreement City does hereby grant to Corporation the right to use any or all of the above mentioned facilities for its business meetings and other corporate functions. Corporation will, however, be required to schedule such meetings or functions at a time mutually agreeable to it and City. 14. Corporation further agrees to pay to City, within thirty (30) days of the event, established rental rates on all events where Corporation sponsors or co-sponsors such event. 15. The term of this Agreement shall run from the date first above written until cancelled by mutual agreement of the parties or if cancelled by the City by giving thirty (30) days written notice to Corporation. 16. In the event that City cancels this Agreement by giving thirty (30) days written notice of its intention to so cancel, then in such event, Corporation shall nevertheless be authorized to undertake and fulfill all existing obligations and contracts necessary and essential for the orderly conclusion of Corporation's obligations and commitments. However, Corporation shall not undertake any new contracts or commitments after receipt of the notice above mentioned. May 23, 1991 Pge 372 17. In the event City cancels this contract by giving thirty (30) days notice of its intent to so cancel, then in such event Corporation agrees to cooperate with City to ensure an orderly transition to ensure the orderly operation of all facilities hereinabove mentioned. ATTEST: JsZ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: ZsZ Rita Harmon Rita Harmon, Asst. City Manager for Public Safety and Services APPROVED AS TO FORM: s Join C. Ross, Jr. John C.. Ross, Jr., City Attorney CITY OF LUBBOCK IsI B. C. McMinn B. C. McMINN, MAYOR CIVIC LUBBOCK, INC. Is/ Mavis L. Miller President ATTEST: /s/ Van McKay Secretary Civic Lubbock, Inc. has submitted an application to the Texas Alcohol Beverage Commission for a license to sell wine and beer at Meadowbrook Golf Course. TABC has identified one item on the application for change which requires modification in the Agreement between City of Lubbock and Civic Lubbock, Inc. Specifically, TABC does not accept the phrase "percentage of net profits" unless net profits are defined as "gross sales minus taxes". It was not the intent of the City of Lubbock to define net profits in this manner. On March 28, the City of Lubbock approved an Agreement with Civic Lubbock, Inc. which stated that 40% of the net profits would be paid to Meadowbrook Golf Course, and this amendment will include the terminology of TABC, which is to use a percentage of gross sales. Staff recommended that the Agreement be amended to read that Meadowbrook would receive 5% of gross sales, which is equivalent to the 40% of net profits, and this amount would be renegotiated by October, 1992. May 23, 1991 Page 373 91-50A-373-310 (28.) The percentage paid to Meadowbrook has been set at this rate because of the upfront expenses that Civic Lubbock, Inc. is incurring due to renovations of the concession stands to accommodate beverage sales and for the cost associated with obtaining the license. This Amendment has been approved by the Executive Committee of Civic Lubbock, Inc. and it is anticipated that as soon as this amendment is made, the application will be refiled and should be processed quickly. The other time delay Staff has experienced was with TABC's confusion over the status of Mackenzie Park. It required additional information to be submitted to TABC before they would acknowledge that MacKenzie was no longer classified as a state park and therefore, TABC could issue a license for Meadowbrook. Motion was made by Councilwoman Baker, seconded by Councilwoman Trejo to authorize Resolution #3624 as recommended by Staff. Motion carried: 7 Yeas; 0 Hays. RESOLUTION #3625 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 Lease Agreement by and between the City of Lubbock and J. E. Birdwell and wife, Genene B. Birdwell, 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 23rd day of May, 1991. /s/ S. 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 for Utilities APPROVED AS TO FORM: I,sZ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney May 23, 1991 Ege 374 91-50A-.374-311 (29.) The City of Lubbock entered into a Water Rights Lease Agreement with the Birdwell Cattle Company on May 14, 1985. This Agreement has allowed the City to pump water from four ground water wells located on approximately 665 acres of ranchland in Bailey County, adjacent to water rights owned by the City of Lubbock. These four wells have consistently been among the best production wells the City has used for water supply from the Bailey County area. The existing Agreement will terminate December 31, 1993. Staff desires to continue obtaining water from these wells for the City of Lubbock and contacted J.E. Birdwell, Jr., owner of the Birdwell Cattle Company regarding continuation of this arrangement. A new Water Rights Lease Agreement has been developed which will allow the City to continue to use the water from this section, and at the end of ten years, the City may purchase the water rights under the entire 665 acres for the sum of one dollar ($1.00). The conditions of the existing Lease required an initial payment in July, 1985, of $260,310 for capital improvements to connect the four wells which exist on the property adjacent to the City's existing Bailey County well field collection system. Subsequent annual payments of $37,384 from 1987 through 1993 allowed the City to pump a maximum of 1,044 acre feet of water from these rights. The new Water Rights Lease Agreement will allow the City to continue to use capital improvement investments, pump an unlimited amount of water, drill new wells, own the pumps and motors, and own the water rights at the end of the 10-year period. Annual payments of $70,000 in the years 1992 through 2001 have been agreed to by Mr. Birdwell. With the new Lease Agreement, this water supply will also be among the least expensive water the City can obtain. Staff estimated that at the current rate of withdrawal from these wells, the life to these water rights will be greater than 50 years. The City Attorney's office reviewed and approved the proposed Lease Agreement, and Staff recommended approval. Motion was made by Councilwoman Baker, seconded by Councilman Maloy to authorize Resolution #3625 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. B1D #11299--Conduit and wire [Central Warehouse]. Nunn Electric Supply, Inc.--15 ea. 1-1/2" entrance fittings for EMT conduits. Temple, Inc.--1,400 ea. insulator, pin type 17.5KV; 100 ea. 2" conduit strap; 175 ea. 20,000 lb. guy hook; 12,000' 3/8" utility grode guy wire; 800 lb. No.6, med. hard drawn, bare, copper wire. May 23, 1991 Page 375 Westinghouse Electric Supply--40 ea. 1-112" rigid conduit in 10' lengths; 50 ea. 1" rigid conduit 90deg. ell; 1,000 ea. 5" PVC conduit in 20' lengths; 15 ea. 2" entrance fittings for conduits; 2,000' No. 4 copper wire 600V. Motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Patterson to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 91-50A-37!5-312 (30.) BID #11239--Annual pricing of paint Central Warehouse). Felix West Paints, Inc.--185 91. pipeline coating; 24 ea. white primer paint -spray can. Pruitt Paint & Supply--100 gl. primer, red oxide. Adams Paint--26 gl. gloss red enamel paint. Payless Cashways--300 gl. paint thinner; 84 pt. purple primer; 10 91. paint & varnish remover; 120 ea. blue marking paint -spray can; 48 ea. fiuroscent orange paint -spray can; 48 ea. red marking paint - spray can. TCI--192 ea. bright white latex interior paint in 5 gl. cans. Glidden paint Co.--66 gl. light gray enamel paint; 150 ea. latex caulk 10.5 oz. tube; 90 ea. silicone seal 10.5 oz. tube; 90 gl. alum. silver chrome paint; 18 ea. alum. finish paint; 55 gl. exterior white latex paint; 15 ea. moss green paint -spray can; 30 ea. brown primer paint; 26 ea. Chevrolet orange paint -spray can. Monarch Paint Co.--15 91. white hi -gloss exterior enamel paint; 58 gl. latex paint interior, bone white. Motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Patterson to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 91-50A-375-313 (31.) BID #11256--Fencing Municipal Operations Center, and authorize same (Building Services). May 23, 1991 Pge 376 RESOLUTION #3626 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 Western Fence Company for fencing for Municipal Hill Operations 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 23rd day of May, 1991. ATTEST: lsl Ranette_ Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s GE1ne Eads Gene Eads, Purchasing Manager APPROVED AS TO FORM: /sZ Harold Willard Harold Willard, Assistant City Attorney CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK ISZ B. C. McMinn B. C. McMINN, MAYOR THIS AGREEMENT, made and entered into this 23rd 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 Western Fence Company of the City of Amarillo, Texas, County of Potter, 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. 11256 Fencing Municipal Operations Center (Building Services) in the amount of $55,500.00 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 23, 1991 Page 377 The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: s R inettf=_ Boyd Secretary APPROVED AS TO CONTENT: ATTEST: Secretary CITY OF LUBBOCK, TEXAS (OWNER) IsZ B. C. McMinn Mayor APPROVED AS TO FORM: Western Fence Company CONTRACTOR By: TITLE: COMPLETE ADDRESS: Western Fence Company 2501 E. 3rd Street Amarillo, TX 79104 Motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Patterson to authorize Resolution 03525 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50A-377--314 (32.) BID #11294--Paint-up supplies (Community Develo ment Glidden Paint & Wallcovering--Awarded total bid: 600 ea. wire brush w/scraper; 500 st. paint brush set; 4,000 gl. exterior paint; 1,000 gl. exterior paint. Motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Patterson to authorize law bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 91-50A.-377-315 (33.) BID 011273--Airport sound system renovation, and authorize same (Building Services). May 23, 1991 Pge 378 RESOLUTION #3627 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 Vidcom, Inc. for renovation of the Airport Sound System at Lubbock International Airport, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 23rd day of May, 1991, ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: ZsLGene Eads Gene Eads, Purchasing Manager APPROVED AS TO FORM: .L Harold Willard Harold Willard, Assistant City Attorney CONTRACT STATE OF TEAS COUNTY OF LUBBOCK Is/ B. C. McMinn B. C. McMINN, MAYOR THIS AGREEMENT, made and entered into this 23rd 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 Vidcom of the City of Lubbock, Texas, 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. 11273 Airport Sound System Renovation (Building Services) in the amount of $32,500.00 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 d❑ so shall have been given to him and to substantially complete same within the time specified in the contract documents. May 23, 1991 Page 379 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: Is/ Ranette Boyd Secretary APPROVED AS; TO CONTENT: ATTEST: Secretary CITY OF LUBBOCK, TEXAS (OWNER) jsj B. C. McMinn Mayor APPROVED AS TO FORM: Vidcom, Inc. CONTRACTOR By: TITLE: COMPLETE ADDRESS: Vidcom, Inc. P.O. Box 6082 Lubbock, Texas 79493 Motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Patterson to authorize Resolution #3627 as recommended by Staff. Motion carried: 7 Yeas; 0 Hays. 91-50A-379-316 (34.) BID #11198--Electric meters annual pricing [Electric Distribution}. Westinghouse Electric Supply--Transformer-rated meter 240V-3W-1PH; transformer -rated meter 240V-3W- 3PH; transformer -rated meter 48OV-3W-3PH; transformer -rated meter 120V-4W-3PH 3 stator; transformer -rated meter 240V-4W-3PH 3 stator; transformer -rated meter 240V-4W-3PH delta; self- contained meters: 240V-3W-1PH; 240V-3W-3PH; 480V-3W- 3PH; 120V-4W-3PH; 240V-4W-3PH 3 stator; 240V-4W-3PH delta. Temple, Inc. --Self-contained meter 120V-3W-2 stator. Motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Patterson to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 91-50A--379-317 (35.) BID #11254--Lawn mowers and edgers (Central Garage). Matson Distributing, Irving--2 ea. rotary mower, ❑utfront diesel powered w/4 post rops Spec 1006; ea. push mower, 21" Commercial Spec 1008. Goldthwaites, Ft. Worth--4 ea. turf edger, commercial Spec 1016; 1 ea. turf sweeper, tractor towed Spec 1032. May 23, 1991 Pge 380 Western Implement--1 ea. rotary mower, 6" Spec 1004; 1 ea. curb & asphalt edger, tractor drawn Spec 1032. Jacobsen Turf & Commercial, Carrollton--1 ea. Greens mower, Triplex Hydraulic Spec 1007. Motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Patterson to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 91-50A-380-318 (36.) BID #11251--P rtable industrial equipment (Central Garage). Lubbock Welding Supply, Inc.--1 ea. Welding Power Source, 250 AMP QC, Spec 996. Yellowhouse Machinery Co.--1 ea. Portable air compressor Spec 935. South Plains Welding, Inc., Levelland--1 ea. Welding Power Source, 200 AMP QC, Spec 997. Associated Supply Co. --I ea. trash pump Spec 930. Motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Patterson to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 91-50A-380=319 (37.) BID 011328--Miscellaneous electrical items ( Central Warehouse]. Cummins Supply, Amarillo--30,000' No. 4 Triplex service drop. Temple, Inc.--20 ea. 7200V 100KVAR cap; 152 ea. 54" glass insulators; 100 ea. 24" cross plate anchor. Motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Patterson t❑ authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 91-50A-380-320 (38.) BID #11285--Water System Upgrade in the Overton Addition, and authorize same (Water Utilities). May 23, 1991 Page 381 RESOLUTION # 528 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 Roberts Construction Company for a water system upgrade for the Overton Addition, 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 23rd day of May, 1991. ATTEST: Is/ Ranette Boyd Rane,te Boyd, City Secretary APPROVED AS TO CONTENT: Ls/Gene Eads Gene Eads, Purchasing Manager APPROVED AS TO FORM: LsL Harold Willard Harold Willard, Assistant City Attorney CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK U B. C. McMinn B. C. McMINN, MAYOR THIS AGREEMENT, made and entered into this 23rd 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 Roberts Construction of the City of San Angelo, Texas, County of Tom Green, 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. 11285 Water System Upgrade in the Overton Addition (Water Utilities) in the amount of $236,951.83 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 23, 1991 Pge 382 The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: s Ranette__Bovd Secretary APPROVED AS TO CONTENT: ATTEST: Secretary COMPLETE ADDRESS: 91-50A-382•-321 (40.) 91-50A-382-322 (41.) 91-50A--382-323 (42.) 91-50A-,382-324 (43.) CITY OF LU8BOCK, TEXAS (OWNER) s 8. C. McMinn Mayor APPROVED AS TO FORM: Roberts Construction CONTRACTOR By: TITLE: Roberts Construction Company P.O. Box 60086 San Angelo, Texas 76906 Motion was made by Councilwoman Baker, seconded Mayor Pro Tem Patterson to authorize Resolution #3628 as recommended by Staff. Motion carried: Yeas; 0 Nays. 1991. to expire on May_31, 1991. It was consensus of Council to hold board appointments until the next City Council Meeting. by 7 May 23, 1991 Page 383 There being no further business to by Councilwoman Baker, seconded by the meeting at 11:47 a.m. Motion ATTEST: Rane to Boyd, City Secr ary come before Council, motion was made Mayor Pro Tem Patterson to adjourn carried: 7 Yeas; D Nays. )t�r. (� - /W A��e B. C. McMinn, Mayor Read and approved this 13th of June, 1991. `B. C. McMinn, Mayor ATTEST: Ranet a Boyd, City Secre ar SEOG ORDINANCES ORDINANCE 4 9X% AN ORDINANCE ABANDONING .gun rLn5[NG A PORTION OF f�H-Irt0 .aRDIrm THI5S ONANCE: DIRECTING THE CITY ENGtNEERTO MARK THE OFFtC1AL MAPS OF THE CITY TO REFLECT SAID ABAN- V16NGNA SNAV NG$ CLAUSE.; AND PROVIDING FOR PUBLICA' TION. ORDINABAN AM .1"MANANCE N 947' NG AND CLOSING PORTIDNSIOf 6dTH STREET IN THE CAYrLERIDGE ADOtTION T( THE CITY OF LUBBOCK, LUB- BOCK COUNTY, TEKAS, AS ,MORE PARTICULARLY OE - SCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARKTHE or FLUBBOCK TOICIAL MAPS ;ZEFLEICT SAID ABANDONMENT ANCLOSING,- PROVIDING A D NOS CLAUSE I AMID PROV I DNG FOR PUBLICATION. ORDINANCE / 949 R- 610 EXAS oCK a t� my _a Notary Public in and for Lubbock County, Texas on this day � � Account H n_ ger. of the Southwestern Newspa- ublishers of the Lubbock Avalanche -Journal -- Morning, and Sunday, who being by me duly }{id say that said newspaper has been published continuously for more than fifty-two weeks pri- Islon of this o t Lubbock County, Texas and the attached print- s e is a true copy of the original and was printed in the Lubbock n the following dates: 2 T6 _ S4_ Corporation to before me this E a . _day My and for the State of Texas TONVA H£NRY Notaty Public STATE OF TEXAS my Cmmn Fzp NOV 19 1994