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