HomeMy WebLinkAboutMinutes - City Council - Regular - 6/13/1991C ITV OF LUBBOCK
REGULAR CITY COUNCIL MEETING
JUNE 13, 1991
10:00 A.M.
The City Council of the City of Lubbock, Texas met in regular session on
the 13th day of June, 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, Councilwoman Joan Baker, Councilman M. J. Aderton, City
Manager Larry J. Cunningham, City Attorney John C. Ross, Jr., and City
Secretary Ranette Boyd.
Absent: Councilman Bill Maloy and Councilwoman Maggie Trejo.
Mayor McMinn called the meeting to order at 10:00 A.M.
{ 1.}
{ 2.)
( 3.)
91-SOA-385-325
( 4.)
91-SOA-385-326
( 6.)
The Invocation was given by City Manager Larry
Cunningham.
The Pledge of Allegiance was given in unison by
those in the Council Chambers.
Motion was made by Mayor Pro Tern Patterson, seconded
by Councilman Phillips to approve the Minutes of the
May 23, 1991 Regular City Council meeting as
written. Motion carried: {~; 0 Nays.
Chuck Kershner will appear on behalf of Malouf's to
request a Loudspeaker Permit for June 29, 1991 from
7:00 p.m. until 11:00 p.m. in conjunction with a
barbecue and dance.
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 Aderton, seconded by
Councilwoman Baker to approve issuance of a
Loudspeaker Permit to Chuck Kershner on behalf of
Malouf's for June 29, 1991 from 7:00 p.m. until
11:00 p.m. Motion carried: 5 Yeas; O Nays.
ORDINANCE #9445--Zone Case #2671 (1611 Avenue 0)--
Reguest of Alisa Daniel for zoning change from C-3
to C-3 Specific Use for residential center for
substance abuse recovery on Lots 6 and 7. Block 192,
Original Town Addition.
ORDINANCE #9445
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE 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.
June 13, 1991
Page 386
91-SOA-386-327
{ 7.}
Motion was made by Mayor Pro Tern Patterson, seconded
by Councilwoman Baker to pass on second and final
reading Ordinance #9445 as recommended by Staff.
Motion carried: 5 Yeas; 0 Nays.
ORDINANCE #9446--Zone Case #1720-E (5759 34th
Street)--Reguest of Bonnie Reeves (for Christos
Geskos) for zoning change from C-3 subject to
conditions of 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.
91-SOA-386-328
( 8.)
Motion was made by Mayor Pro Tern Patterson, seconded
by Councilwoman Baker to pass on second and final
reading Ordinance #9446 as recommended by Staff.
Motion carried: 5 Yeas; 0 Nays.
ORDINANCE #9448--Zone Case #2437-C {74th to 76th
Street and Homestead to Iola Avenue)--Reguest of
David Goyette (for Gary Rothwell) for zoning change
from R-1 and R-2 to R-1 Specific Use under the
provisions of 29-24 to allow single-family dwellings
with a 20' front setback on a tract out of Section
29, Block A-K (a preliminary plat for Lots 273-394,
Pheasant Run Addition).
ORDINANCE #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-1 AND R-2 TO R-1 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.
91-50A-386-329
{ 9.)
Motion was made by Mayor Pro Tern Patterson, seconded
by Councilwoman Baker to pass on second and final
reading Ordinance #9448 as recommended by Staff.
Motion carried: 5 Yeas; O Nays.
ORDINANCE #9449--Adopting the 1990 Edition of the
National Electric Code.
ORDINANCE #9449
AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES OF THE
CITY OF 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(•) FROM SUCH CODE;
PROVIDING 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.
91-SOA-387-330
(11.}
June 13, 1991
Page 387
Motion was made by Mayor Pro Tern Patterson, seconded
by Councilwoman Baker to pass on second and final
reading Ordinance #9449 as recommended by Staff.
Motion carried: 5 Yeas; 0 Nays.
Consider Resolution #3629 accepting paving
improvements constructed by Jarnagin Construction
Company in the Cemetery and Lou Stubbs Park.
RESOLUTION #3629
A RESOLUTION ACCEPTING PAVING IMPROVEMENTS AS LISTED BELOW:
WHEREAS, the City of Lubbock heretofore entered into Contract with
Jarnagin Construction Company for the making of paving improvements in
said City including among others the following:
Cemetery Road & Lou Stubbs Parking Lot Construction
WHEREAS, the construction of the above improvements was performed
under the supervision of the City Engineer, and said improvements have
been completed and have been inspected and found to have been
constructed in accordance with terms of said Contract, Project Nos. 9602
& 9665.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements BE and the same are hereby
accepted and the City Engineer BE and he is hereby authorized to direct
the final payment to the contractor in the amount of $6,003.25.
SECTION 2. THAT this Resolution shall take effect and be in force
from and after its passage.
Passed by the City Council this 13th day of June, 1991.
/s/ B. C. McMinn
8. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry Hertel
Larry Hertel, City Engineer
APPROVED AS TO FORM:
Isl J. Worth Fullingim
J. Worth ·Fullingim, Assistant City
Attorney
A copy of the Monthly Estimate is filed with Resolution No. 3629.
This is a routine acceptance of construction of a
parking lot at Lou Stubbs Park and of roads at the
City of Lubbock Cemetery. The Contract estimate was
for $116,915, the final cost is $120,065, and the
$3,150 difference is due to reconstruction of
deteriorated curb and gutter at the Cemetery.
Final payment to the contractor in the amount of
$6,003.25 is due upon acceptance. Staff recommended
approval.
June 13, 1991
Page 388
91-SOA-388-331
(12.)
Motion was made by Mayor Pro Tern Patterson, seconded
by Councilwoman Baker to authorize Resolution #3629
as recommended by Staff. Motion carried: 5 Yeas; O
Nays.
Consider Resolution #3630 accepting the gift of Lots
9, 10, and 11, Block 2, Dupree Addition, from Violet
Pickett Himebaugh.
RESOLUTION #3630
WHEREAS, Violet Pickett Himebaugh has offered to convey to the
City of Lubbock as a gift the fee simple title to a parcel of land
hereinafter described; and
WHEREAS, the City Council of the City of Lubbock has determined
and does hereby determine that it is in the public interest to accept
such gift and acquire title to said parcel; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Violet Pickett Himebaugh be allowed to convey to
the City of Lubbock as a gift the fee simple title to the following
described parcel of land located in Lubbock County, Texas, to-wit:
Lots 9, 10 and 11, Block 2, Dupree Addition to the City of
Lubbock, Lubbock County, Texas.
SECTION 2. THAT the Right-Of-Way Agent of the City of Lubbock BE
authorized to record title to said parcel in the Deed Records of Lubbock
County, Texas.
Passed by the City Council this 13th day of June, 1991.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right-Of-Way Agent
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
This Resolution authorizes the City of Lubbock to
accept three lots located at 2012 Texas Avenue,
south of the City of Lubbock Health Department
building. These three lots were originally part of
a larger Capital Improvements Program the Health
Department was looking at to provide additional
parking. Bill Leavell of First National Bank is
handling this property for Mrs. Himebaugh, the
owner. A civil suit was filed against this property
in 1985 but according to Mr. Leavell, it has been
dismissed, and he is forwarding the information
about this dismissal to Staff for the City's
records. Staff recommended approval.
91-SOA-389-332
(13.)
June 13, 1991
Page 389
Motion was made by Councilman Phillips, seconded by
Mayor Pro Tern Patterson to authorize Resolution
#3630 as recommended by Staff. Motion carried: 5
Yeas;
0 Nays.
Consider Ordinance #9450 abandoning and closing a
15' alley in the Dingus Addition (80th and Ash
Avenue}.
ORDINANCE #9450
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF AN ALLEY LOCATED
IN DINGUS 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-SOA-389-333
(14.)
This alley located between East 80th and East 81st,
just to the east of Ash Avenue is being closed for
replatting and building purposes by proponent
Lubbock Marthoma Church. The area being closed is
15' X 305' (a total of 4,575 square feet) and
approximately the same amount of right-of-way for
East 80th, East 81st and Ash Avenue is being
dedicated as the portion of right-of-way being
closed. The $150 application fee has been paid and
all utilities are in agreement.
Motion was made by Mayor Pro Tern Patterson, seconded
by Councilman Aderton to pass on first reading
Ordinance #9450 as recommended by Staff. Motion
carried: 5 Yeas; O Nays.
Consider Resolution #3631 authorizing the Right-Of-
Way Department to make an offer to Paul Crosnoe and
Wayne Teal for three Sanitary Sewer Line Easements
located in Section 6 1 Block A, and Section 3, Block
~
RESOLUTION #3631
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality
located in Lubbock County, Texas, has determined and does hereby
determine that the public needs and welfare demand and create a public
necessity for the acquisition of additional land for such public
purposes and municipal purposes, to-wit: a sanitary sewer line
easement, and this City Council of said City finds it in the public
interest and for public purposes and municipal purposes to proceed with
the acquisition of an easement in, upon over, under, along and across
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 an an easement in, upon, along, over, under,
along and across the following described tracts of land located in
Lubbock County, Texas, be acquired for public purposes and municipal
purposes as set forth in the preamble hereof, to-wit:
June 13, 1991
Page 390
TRACT 1
BEGINNING at a point which bears South a distance of 1512.00
feet and East a distance of 468.49 feet from the Northwest
corner of the Northeast 1/4 of Section 3, Block A, Lubbock,
Lubbock County, Texas;
THENCE West a distance of 478.49 feet to a point;
THENCE North a distance of 1255.77 feet to a point;
THENCE East a distance of 20.00 feet to a point;
THENCE South a distance of 1235.77 feet to a point;
THENCE East a distance of 477.75 feet to a point;
THENCE S. 43°55' W. a distance of 27.76 feet to the POINT OF
BEGINNING.
TRACT 2
BEGINNING at the Southwest corner of the Southeast 1/4 of
Section 6, Block A, Lubbock, Lubbock County, Texas;
THENCE North a distance of 2642.00 feet to a point;
THENCE East a distance of 10.00 feet to a point;
THENCE South a distance of 2642.00 feet to a point;
THENCE S. 89°38'43 11 W. a distance of 10.00 feet to the POINT
OF BEGINNING.
TRACT 3
BEGINNING at the Southeast corner of the Northwest 1/4 of
Section 6, Block A, Lubbock, Lubbock County, Texas;
THENCE West a distance of IO.DO feet to a point;
THENCE North a distance of 2642.00 feet to a point;
THENCE East a distance of 10.00 feet to a point;
TH£NCE South a distance of 2642.00 feet to the POINT OF
BEGINNING.
I.
June 13, 1991
Page 391
SECTION 2. THAT the owners of said tracts, being PAUL EDWARD
CROSNOE, JR. and C. W. TEAL, BE offered through the Right-of-Way
Department of the City of Lubbock the amount of $15,000.00, which is the
amount appraised as the value and total damages for the acquisition of
an easement in, upon, over, under, along and across said real estate
hereinabove described, for the use and benefit of the City of Lubbock,
Texas, for the purposes herein stated, and unless accepted forthwith,
the City Attorney of said City of Lubbock is hereby authorized and
instructed to institute condemnation (eminent domain) proceedings to
acquire an easement in, upon, over, under, along and across said land as
hereinabove described for public purposes and municipal purposes.
Passed by the City Council this 13th day of June, 1991.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right-of-Way Department
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
I -
The County of Lubbock recently acquired
approximately 500 acres of land for a correction
facility to be located north of Municipal Drive and
east of Guava Avenue. To serve this facility, the
Water Utilities Department will construct an
Underground Sanitary Sewer Line to the facility
beginning from East Colgate Street and Idalou Road,
just east of Loop 289 westward for about 500' and
then will turn northward for approximately one and
one-half miles making the entire length of this
sewer line 1.57 miles. The size of this line will
be approximately 18 inches in diameter; the
excavation trench to install this line will be 14-
15' deep and 4-5' wide in some areas. There are
eight parcels to be acquired for the construction of
this Sewer Line Easement, and with these permanent
easements, working easements from each property
owner will be acquired. There are three parcels to
be acquired from Paul Crosnoe and Wayne Teal who
each own half interest. (Also, Mr. Teal farms a
fourth parcel to be acquired.) Together they own
1.33 miles of the 1.5 mile length of the desired
Sewer Line Easements. The three parcels are as
follow:
Parcel #1: A 20' wide Permanent Easement
containing 34,670.40 square feet and a 30'
wide Working Easement containing 52,005.60
square feet.
Parcel #2: A 10' wide Permanent Easement
containing 26,420 square feet and a 15'
wide Working Easement containing 39,630
square feet.
June 13, 1991
Page 392
Parcel #3: a 10' wide Permanent Easement
containing 26,420 square feet and a 15'
wide Working Easement containing 39,630
square feet.
Total area contained in the three Permanent
Easements is 2.01 acres; area contained in the three
Working Easements is 5.022 acres.
The Right-Of-Way Department has been negotiating
with Mr. Teal and Mr. Crosnoe using an initial
acquisition figure for the Easements of $4,000.
Staff then offered $5,750. Discussions of long and
short-term effects and their property were then
discussed.
Mr. Teal and Mr. Crosnoe have each been farming for
over 30 years, and they have seen the installation
of other pipeline easements such as oil, gas,
telephone and the Canadian River Authority Municipal
Pipeline, and the results of those upon the surface
of their ground. They stated their concern that for
at least 3 years after the pipeline installation,
the soil in the Easement areas and the land adjacent
will not be as productive as previously. Also stated
was that large caliche rocks will work themselves to
the surface of the Easement area and interfere with
farming efforts.
To properly restore the surface for farming
purposes, the Easement area must be double ditched
and water packed. When the ditch is dug, the
topsoil is put on one side of the ditch, the caliche
rock to the other side, and the line installed.
After installation of the line, the caliche rock
will be installed first, water will be placed in
this Easement area to help pack the fill dirt and
then the topsoil will be placed in the ditch and
packed down again, hopefully restoring the previous
surface.
Staff then discussed the figure of $6,000, but the
owners countered that Texland offered $6,000 per
acre for the site location excluding damages. A few
years ago a one-half mile long easement was given to
an oil company for a salt line, at a price of
$4,700. Also, Mr. Teal and Mr. Crosnoe granted LP&L
an Overhead Easement in the early 1980's at no cost.
They then proposed a figure of $15,000 including
damages and future claims. Staff's counter offer of
$10,000 was refused.
Estimated condemnation costs are $5,000 -$6,000 for
the easement and damages, $5,000 for an appraisal of
three tracts and testimony in court; payment of the
three commissioners at $1,500; estimated court costs
of $400; and then any difference in the award by the
Commissioners could bring the total to $14,000 to
$15,000, excluding allowances for the City's time.
Staff therefore recommended an offer of $15,000 for
the three tracts, based on the anticipated total
condemnation costs.
Motion was made by Councilwoman Baker, seconded by
Councilman Phillips to authorize Resolution #3631 as
recommended by Staff. Motion carried: 5 Yeas; o
Nays.
91-SOA-393-334
(15.)
June 13, 1991
Page 393
Consider Resolution #3632 authorizing the Riqht-Of-
Way Department to make an offer to Harold Stotts for
a Sanitary Sewer Line Easement in Section 41, Block
A (3800 East Municipal Drive).
RESOLUTION #3632
WHEREAS, the City of Lubbock, Texas, a Home Rule
Municipality located in Lubbock County, Texas, has determined and does
hereby determine that the public needs and welfare demand and create a
public necessity for the acquisition of additional land for such public
purposes and municipal purposes, to-wit: a sanitary sewer line
easement, and this City Council of said City finds it in the public
interest and for public purposes and municipal purposes to proceed with
the acquisition of an easement in, upon over, under, along and across
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 an an easement in, upon, along, over, under,
along and across the following described tract of land located in
Lubbock County, Texas, be acquired for public purposes and municipal
purposes as set forth in the preamble hereof, to-wit:
BEGINNING at the Southeast corner of the Southwest 1/4 of
Section 41, Block A, Lubbock, Lubbock County, Texas;
THENCE N. 89Q52' W. a distance of 10.00 feet to a point;
THENCE North a distance of 499.80 feet to a point;
THENCE N. 24Q49'30tt W. a distance of 321.55 feet to a point
of beginning, point also being the Southwest corner of this
tract;
THENCE N. 24°29'30" E. distance of 100.00 feet to a point;
THENCE N. 65°10'30 11 E. a distance of 20.00 feet to a point;
THENCE S. 24Q49'30" E. a distance of 100.00 feet to a point;
THENCE S. 65°10'30 11 w. a distance of 20.00 feet to the POINT
OF BEGINNING.
June 13, 1991
Page 394
SECTION 2. THAT the owner of said tract, being HAROLD STOTTS, BE
offered through the Right-of-Way Department of the City of Lubbock the
amount of $200.00, which is the amount appraised as the value and total
damages for the acquisition of an easement in, upon, over, under, along
and across said real estate hereinabove described, for the use and
benefit of the City of Lubbock, Texas, for the purposes herein stated,
and unless accepted forthwith, the City Attorney of said City of Lubbock
is hereby authorized and instructed to institute condemnation (eminent
domain) proceedings to acquire an easement in, upon, over, under, along
and across said land as hereinabove described for public purposes and
municipal purposes.
Passed by the City Council this 13th day of June, 1991.
Isl B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Isl Ed Bucy
Ed Bucy, Right-of-Way Department
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
91-SOA-394-335
{16.)
This Easement is needed to serve the proposed
Lubbock County Correctional Facility to be
constructed in Northeast Lubbock. Permanent
Easement area to be purchased from Mr. Stotts is 20'
by 100', or 2,000 square feet. Working Easement
area to be acquired is 30' by 100' for a total of
3,000 square feet. Mr. Stotts has agreed to accept
$200 as the City's offer for the Permanent Easement,
Working Easement, and any damages to be sustained.
Staff recommended approval.
Motion was made by Mayor Pro Tern Patterson, seconded
by Councilman Aderton to authorize Resolution #3632
as recommended by Staff. Motion carried: 5 Yeas; O
Nays.
Consider Resolution #3633 authorizing the Right-Of-
Way Department to make an offer to Culver Austin and
wife, Beedie Austin, for a Sanitary Sewer Line
Easement located in Section 41. Block A (3820 East
Municipal Drive).
RESOLUTION #3633
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality
located in Lubbock County, Texas, has determined and does hereby
determine that the public needs and welfare demand and create a public
necessity for the acquisition of additional land for such public
purposes and municipal purposes, to-wit: a sanitary sewer line
easement, and this City Council of said City finds it in the public
interest and for public purposes and municipal purposes to proceed with
the acquisition of an easement in, upon over, under, along and across
land as needed for such purposes as aforesaid; NOW THEREFORE:
June 13, 1991
Page 395
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT an an easement in, upon, along, over, under,
along and across the following described tract of land located in
Lubbock County, Texas, be acquired for public purposes and municipal
purposes as set forth in the preamble hereof, to-wit:
BEGINNING at the Southeast corner of the Southwest 1/4 of
Section 41, Block A, Lubbock, Lubbock County, Texas;
THENCE N. 89°52'00" W. a distance of 10.00 feet to a point;
THENCE North a distance of 499.80 feet to a point;
THENCE N. 24°49'30" W. a distance of 321.55 feet to a point;
THENCE N. 65°10'30" E. distance of 20.00 feet to a point;
THENCE S. 24°49'30 11 E. a distance of 325.95 feet to a point;
THENCE South a distance of 504.23 feet to a point;
THENCE N. 89°52'00" W. a distance of 10.00 feet to the POINT
OF BEGINNING.
SECTION 2. THAT the owner of said tract, being CULVER AUSTIN and
wife, BEEDIE AUSTIN, BE offered through the Right-of-Way Department of
the City of Lubbock the amount of $5,000.00, which is the amount
appraised as the value and total damages for the acquisition of an
easement in, upon, over, under, along and across said real estate
hereinabove described, for the use and benefit of the City of Lubbock,
Texas, for the purposes herein stated, and unless accepted forthwith,
the City Attorney of said City of Lubbock is hereby authorized and
instructed to institute condemnation (eminent domain} proceedings to
acquire an easement in, upon, over, under, along and across said land as
hereinabove described for public purposes and municipal purposes.
Passed by the City Council this 13th day of June, 1991.
Isl B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
Isl Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT;
Isl Ed Bucy
Ed Bucy, Right-of-Way Department
APPROVED ·AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
This Resolution is for the Sewer Line Easement to
serve the proposed Lubbock County Correctional
Facility. Area being acquired for the Permanent
Easement is 20' by 834' or 16,680 square feet (.383
acre) and area being acquired for the Working
Easement is 30' by 834' or 25,020 square feet (.574
acre}.
June 13, 1991
Page 396
91-SOA-396-336
(17.}
The sums of $400 for the Permanent Easement and $600
for the Working Easement and all expected damages
for a total of $1,000 had been agreed on. However,
on June 3 Mr. Austin contacted Staff regarding
anticipated additional damage to his property this
Easement in 1991 and subsequent years due to
rainfalls. The north part of the property drains to
the northwest and the proposed Easement will be in
this drainage way. He agreed to settle for $5,000
and Staff countered with $3,000. Mr. Austin has
turned it down and is holding to $5,000. Therefore,
the City's offer is $5,000, which is less than
condemnation costs. Staff recommended approval.
Motion was made by Mayor Pro Tern Patterson, seconded
by Councilman Phillips to authorize Resolution #3633
as recommended by Staff. Motion carried: 5 Yeas; 0
Nays.
Consider Resolution #3634 authorizing the Riqht-Of-
Way Department to make an offer to Louise Hodges
Isbell for a Sanitary Sewer line Easement in Section
3, Block A {3802 East Erskine).
RESOLUTION #3634
WHEREAS, the City of Lubbock, Texas, a Home Rule
Municipality located in Lubbock County, Texas, has determined and does
hereby determine that the public needs and welfare demand and create a
public necessity for the acquisition of additional land for such public
purposes and municipal purposes, to-wit: a sanitary sewer line
easement, and this City Council of said City finds it in the public
interest and for public purposes and municipal purposes to proceed with
the acquisition of an easement in, upon over, under, along and across
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 an an easement in, upon, along, over, under,
along and across the following described tract of land located in
Lubbock County, Texas, be acquired for public purposes and municipal
purposes as set forth in the preamble hereof, to-wit:
BEGINNING at the Northeast corner of the Northwest 1/4 of
Section 3, Block A, Lubbock, Lubbock County, Texas;
THENCE N. 89°38'43" E. a distance of 10.00 feet to a point;
THENCE South a distance of 256.23 feet to a point;
THENCE S. 89°38'43" W. a distance of 20.00 feet to a point;
THENCE North a distance of 256.23 feet to a point;
THENCE N. 89°38'43" E. a distance of 10.00 feet to the POINT
OF BEGINNING.
June 13, 1991
Page 397
SECTION 2. THAT the owner of said tract, being LOUISE HODGES
ISBELL, BE offered through the Right-of-Way Department of the City of
Lubbock the amount of $500.00, which is the amount appraised as the
value and total damages for the acquisition of an easement in, upon,
over, under, along and across said real estate hereinabove described,
for the use and benefit of the City of Lubbock, Texas, for the purposes
herein stated, and unless accepted forthwith, the City Attorney of said
City of Lubbock is hereby authorized and instructed to institute
condemnation {eminent domain) proceedings to acquire an easement in,
upon, over, under, along and across said land as hereinabove described
for pub l ic purposes and municipal purposes.
Passed by the City Council this 13th day of June, 1991.
Isl B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
Isl Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Isl Ed Bucy
Ed Bucy, Right-of-Way Department
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
91-SOA-397-337
(18.)
This Sewer Line Easement is also needed for the
proposed Lubbock County Correction Center north of
Municipal Drive. Area to be purchased from Mrs.
Isbell for a Permanent Easement is 20' wide by
256.23' long, or 5,124 square feet. A Working
Easement containing 7,689.9 square feet is also to
be acquired, and will run north-south through the
middle of this two acre tract of land. Property is
valued at $4,000 per acre by the Lubbock County
Appraisal District. Area being taken is .118 acres
and at 75% of market value, .118 x $3,000 = $350 for
the Permanent Easement. Working Easement and
damages were estimated at $150, making the total due
Mrs. Isbell is $500. Staff recommended approval.
Motion was made by Councilman Phillips, seconded by
Mayor Pro Tern Patterson to authorize Resolution
#3634 as recommended by Staff. Motion carried: 5
Yeas; 0 Nays.
Consider Resolution #3635 authorizing the Right-Of-
Way Department to make an offer to Lena B. Foster
for a Sanitary Sewer Line Easement in Section 6,
Block A (1200 North Keel Avenue).
June 13, 1991
Page 398
RESOLUTION #3635
WHEREAS, the City of Lubbock, Texas, a Home Rule
Municipality located in Lubbock County, Texas, has determined and does
hereby determine that the public needs and welfare demand and create a
public necessity for the acquisition of additional land for such public
purposes and municipal purposes, to-wit: a sanitary sewer line
easement, and this City Council of said City finds it in the public
interest and for public purposes and municipal purposes to proceed with
the acquisition of an easement in, upon over, under, along and across
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 an an easement in, upon, along, over, under,
along and across the following described tract of land located in
Lubbock County, Texas, be acquired for public purposes and municipal
purposes as set forth in the preamble hereof, to-wit:
BEGINNING at the Southwest corner of the Northeast 1/4 of
Section 6, Block A, Lubbock, Lubbock County, Texas;
THENCE North a distance of 2642.00 feet to a point;
THENCE N. 89°52'00" E. a distance of 10.00 feet to a point;
THENCE South a distance of 2642.00 feet to a point;
THENCE West a distance of 10.00 feet to the POINT OF
BEGINNING.
SECTION 2. THAT the owner of said tract, being LENA B. FOSTER, a
widow, BE offered through the Right-of-Way Department of the City of
Lubbock the amount of $1,000.00, which is the amount appraised as the
value and total damages for the acquisition of an easement in, upon,
over, under, along and across said real estate hereinabove described,
for the use and benefit of the City of Lubbock, Texas, for the purposes
herein stated, and unless accepted forthwith, the City Attorney of said
City of Lubbock is hereby authorized and instructed to institute
condemnation (eminent domain) proceedings to acquire an easement in,
upon, over, under, along and across said land as hereinabove described
for public purposes and municipal purposes.
Passed by the City Council this 13th day of June, 1991.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Isl Ed Bucy
Ed Bucy, Right-of-Way Department
APPROVED AS TO FORM:
Isl Harold Willard
Harold Willard, Assistant City
Attorney
Isl B. C. McMinn
B. C. McMINN, MAYOR
91-SOA-399-338
(19.)
June 13, 1991
Page 399
This Easement is also for the sanitary sewer line to
the planned Lubbock County Correction Center. This
line will run north-to-south along the west 10' of
Mrs. Foster's property for one-half mile. An
additional 15' will be needed for a Working Easement
during construction. Area needed for the Permanent
Easement is 10' by 2,642', or 26,420 square feet
(.91 acre}. Staff initially offered Mrs. Foster
$303.26. The Right-Of-Way Department was then
contacted by attorney, Mr. Richard Bird of
Childress, who stated that Mrs. Foster did not want
the Easement. After further negotiations, Mr. Bird
agreed to settle for $1,000, not including dirt work
to be done by the City to level the Easement area.
Also, some minor crop damages could occur during
installation and will be reimbursed. The City's
offer to Mrs. Foster is $1,000. Staff recommended
approval.
Motion was made by Mayor Pro Tern Patterson, seconded
by Councilman Aderton to authorize Resolution #3635
as recommended by Staff. Motion carried: 5 Yeas; 0
Nays.
Consider Resolution #3636 authorizing the Mayor to
execute a Supplemental Agreement with the Atchison,
Topeka and Santa Fe Railway Company.
RESOLUTION #3636
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 Agreement effective as of July 24, 1991, related to an
original Pipe Line License bearing Railroad Secretary's No. 16916,
between the Panhandle and Santa Fe Railway Company (now known as the
Atchison, Topeka and Santa Fe Railway Company), as Licensor, and the
City of Lubbock, as Licensee, dated July 24, 1958, for a 24 inch sewer
line 550 feet in length, said Supplemental Agreement 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 13th day of June, 1991.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Wilford D. Watson
Wilford D. Watson, Chief Water
Utilities Engineer
APPROVED AS TO FORM:
Isl J. Worth Fullingim
J. Worth Fullingim, Assistant City
Attorney
Isl B. C. McMinn
B. C. McMINN, MAYOR
June 13, 1991
Page 400
B .E £ l I A .!.. .S.:
SUPPLEMENTAL AGREEMENT, Made
this 10th day of May, 1991,
between the ATCHISON, TOPEKA
AND SANTA FE RAILWAY COMPANY,
a Delaware Corporation,
(hereinafter called
"Licensor"), and CITY OF
LUBBOCK, TEXAS, a municipal
corporation of Lubbock County,
Texas (hereinafter referred to
as 11 Licensee 11
).
Licensor and Licensee are now parties to an agreement dated July
24, 1958, Licensor's Secretary's Contract No. PSF 16916, (together with
any and all modifications, supplements and amendments thereto), being
hereinafter referred to as "Original License,11 relating to Licensee
using a portion of Licensor's property at Lubbock, Lubbock County, Texas
as a site for a 24-inch pipeline carrying sewage.
In order to eliminate small annual billings and save both parties
administrative expense, the parties hereto desire to modify the Original
License to provide for a one-time fee and to add environmental
provisions and a provision pertaining to defense of lawsuits.
AGREEMENT:
1. In lieu of the annual consideration specified in the
Original License, Licensee shall pay to Licensor a lump sum
payment of Two Hundred Fifty and No/100 Dollars {$250.00).
2. The following provisions are hereby added to and made a part
of the Original License:
11 Northwithstanding any other provision of this License,
Licensee shall comply with all statutes, ordinances, rules,
regulations, order and decisions (hereinafter referred to as
"Standards"), issued by any federal, state or local
governmental body or agency established thereby (hereinafter
referred to as "Authority"), relating to Licensee's use of
the Premises hereunder. In its use of the Premises, Licensee
shall at all times be in full compliance with all Standards,
present or future, set by any Authority, including, but not
limited to, Standards concerning air quality, water quality,
noise, hazardous substances and hazardous waste. In the
event Licensee fails to be in full compliance with Standards
set by any Authority, Licensor may, after giving reasonable
notice of the failure to Licensee, and Licensee, within
thirty (30) days of such notice, fails either to correct
such non-compliance or to give written notice to the
Licensor of its intent to contest the allegation of non-
compliance before the Authority establishing the Standard or
in any other proper forum, take whatever action is necessary
to bring the Premises into compliance. Licensee shall
reimburse the Licensor for all costs (including but not
limited to, consulting, engineering, clean-up and disposal
costs, and legal costs) incurred by the Licensor in
complying with such Standards, and also such costs incurred
by the Licensor in abating a violation of such Standards,
protecting against a threatened violation of such Standards,
defending any claim of violation of such Standards in any
proceeding before any Authority or court, and paying any
fines or penalties imposed for such violations. Licensee
ATTEST:
June 13, 1991
Page 401
shall assume liability for and shall save and hold harmless
the Licensor from any claim of a violation of such Standards
regardless of the nature thereof or the Authority or person
asserting such claim, which results from Licensee's use of
the Premises, whether such claim arises in whole or in part
from the negligence or alleged negligence of the Licensor or
otherwise. Licensee, at its cost, shall assume the defense
of all such claims regardless of whether they are asserted
against Licensee or Licensor.
"Upon written notice from Licensor, Licensee agrees to
assume the defense of any lawsuit, administrative action or
other proceeding brough against Licensor by any public body,
individual, partnership, corporation, or other legal entity,
relating to any matter covered by this License for which
Licensee has an obligation to assume liability for and/or to
save and hold harmless the Licensor. Licensee shall pay all
the costs incident to such defense, including, but not
limited to, attorneys' fees, investigators' fees, litigation
expenses, settlement payments, and amounts paid in
satisfaction of judgments. Any and all lawsuits or
administrative actions brought or threatened on any theory
of relief available at law, in equity or under the rules of
any administrative agency shall be covered by this Section,
including, but not limited to, the theories of intentional
misconduct, negligence, breach of statute or ordinance, or
upon any theory created by statute or ordinance, state or
federal. 11
This Supplemental Agreement shall be effective as of July
24, 1991.
As hereby supplemented, the Original License shall continue
in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this
Supplemental Agreement in duplicate as of the day and year
first above written.
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
By ----,,-,---------,::--:,---,-------:------Its Manager of Contracts
CITY OF LUBBOCK, TEXAS
By /s/ B. C. McMinn
Its Mayor
/s/ Ranette Boyd
City Secretary
1598V/5808d/2826/dak
The City of Lubbock has a current Agreement with the
Atchison, Topeka and Santa Fe Railway Company,
Contract No. PSF 16916 dated July 24, 1958. This
Agreement covers use of approximately 550' of Santa
Fe's right-of-way for a 24" sanitary sewer line
which serves the area along Southeast Drive -south
of 50th Street and the Vellowhouse Canyon
Subdivision.
June 13, 1991
Page 402
91-SOA-402-339
(20.)
The current Agreement provides for payment of an
annual rental fee of $25 to Santa Fe. To eliminate
small annual billings, Santa Fe has requested that
the City execute this Supplemental Agreement
providing for a one-time fee in the amount of $250
to eliminate future billings under Contract No. PSF
16916.
Staff recommended approval.
Motion was made by Mayor Pro Tern Patterson, seconded
by Councilman Phillips to authorize Resolution #3636
as recommended by Staff. Motion carried: 5 Yeas; 0
Nays.
Consider Resolution #3637 authorizing the Mayor to
execute an Application for the Rental Rehabilitation
Block Grant Program, Fiscal Year 1991.
RESOLUTION #3637
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 and submit for the City of Lubbock a Federal
Rental Rehabilitation Grant Program Application for the fiscal year
1990-91 and related documents, which application attached herewith,
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 13th day of June, 1991.
Isl B. C. McMinn
B. C. McMinn, Mayor
ATTEST:
Isl Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Isl Sandy Ogletree
Sandy Ogletree, Community
Development Administrator
APPROVED AS TO FORM:
Isl Dennis W. McGill
Dennis W. McGill
Civil Trial Attorney
A copy of the Federal Rental Rehabilitation Grant Program Application
for Fiscal Year 1990-91 is filed with Resolution #3637.
The City was notified of a $64,000 allocation for
the Rental Rehabilitation Program. The program
provides an entitlement allocation to the City to
help support the rehabilitation of privately owned
real property to be used for residential rental
purposes. This is the last funding cycle for the
Rental Rehabilitation Program because Congress
terminated the program this year. The City has
participated in the program for the last seven
years.
91-SOA-403-340
(21.)
June 13, 1991
Page 403
The allocation of $64,000 is expected to
rehabilitate 12 units and to assist low income
occupants in obtaining Section 8 rental supplements
through the Lubbock Housing Authority Voucher
Program.
The City's program provides a no-interest-deferred-
loan which is forgivable at the end of 10 years and
secured by a lien on the property. The lien becomes
due and payable if the terms of the agreement are
violated, and the City subsidy is limited to 50% of
the rehabilitation.
The City of Lubbock has received a total of
$1,737,855.02 in Rental Rehabilitation funds over
the last seven years. At this time, $1,693,327
public dollars have been committed to subsidize the
rehabilitation of 326 units at an average cost of
$5,914 per unit. The total public and private
commitment to rental rehabilitation is $3,387,394.
Staff recommended approval.
Motion was made by Mayor Pro Tern Patterson, seconded
by Councilwoman Baker to authorize Resolution #3637
as recommended by Staff. Motion carried: 5 Yeas; o
Nays.
Consider Resolution #3638 authorizing the Mayor to
sign an Agreement with the Federal Express
Corporation of Memphis, Tennessee.
RESOLUTION #3638
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 Space
Lease and Ramp Area Use Agreement by and between the City of Lubbock and
Federal Express Corporation, 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 13th day of June, 1991.
ATTEST:
Isl Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Bern E. Case
Bern E. Case, Director of Aviation
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
Isl B. C. McMinn
B. C. McMINN, MAYOR
Lubbock International Airport Space Lease and Ramp Area Use Agreement is
filed with Resolution No. 3638.
June 13, 1991
Page 404
91-SOA-404-341
(22.)
This Agreement allows Federal Express to expand
their office space from 800 square feet to 2,251
square feet in the old terminal building. It also
allows priority use of 110,000 square feet of the
west freight ramp next to the old terminal building.
The new Agreement will raise the Airport's monthly
income from $317.33 per month to $842.25 for the
office space and from $250 per month to $572.92 for
ramp use fee. In addition, Federal Express pays
landing fees on all the aircraft flown into LIA.
Staff recommended approval.
Motion was made by Councilman Aderton, seconded by
Councilwoman Baker to authorize Resolution #3638 as
recommended by Staff. Motion carried: 5 Yeas; 0
Nays.
Consider Resolution #3639 aoorovinq the Minimum
Aeronautical Standards for Lubbock International
Airport.
RESOLUTION #3639
WHEREAS, the Airport Board of the City of Lubbock on May 8, 1991,
voted to recommend to the City Council of the City of Lubbock for
approval certain Minimum Standards for Aeronautical Activities at
Lubbock International Airport which are primarily intended to protect
Airport patrons from irresponsible, unsafe and inadequate service; and
WHEREAS, the City Council has determined that it would be in the
public interest to approve and adopt such Minimum Standards for all
commercial aeronautical activities at the Airport;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Minimum Standards for Aeronautical Activities
recommended by the Airport Board on May 8, 1991, to be submitted to the
City Council for approval are hereby approved and adopted by the Council
as the Minimum Standards for Aeronautical Activities at Lubbock
International Airport.
June 13, 1991
Page 405
SECTION 2. THAT the Director of Aviation for the City of Lubbock
is henceforth charged with the responsibility of maintaining and
uniformly applying the Minimum Standards approved and adopted by this
Resolution to all commercial aeronautical activities at Lubbock
International Airport.
Passed by the City Council this 13th day of June, 1991.
/s/ 8. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Isl Jim Bertram
Jim Bertram, Assistant City Manager
APPROVED AS TO FORM:
Isl Harold Willard
Harold Willard, Assistant City
Attorney
Minimum Standards for Aeronautical Activities are filed with Resolution
No. 3639.
Minimum Standards Chronologv:
In the absence of formal written criteria regarding
the standards for aeronautical activities on the
Lubbock Airport, and to determine the quality and
level of aeronautical services which are to be
offered to the flying public at the airport, Minimum
Standards for Aeronautical Activities were developed
and presented to the Airport Board for study and
review at their June 20, 1990 regular board meeting.
The draft standards were then discussed and offered
for review and comment at the August 17, 1990
General Aviation Committee meeting, no comments were
received.
On October 15, 1990, the Airport gave written notice
to tenants to submit written comments by November 1,
1990. Written responses were received from Wes-Tex,
Lubbock Aero, and Horton Aero. Wes-Tex and Lubbock
Aero voiced specific support for the standards.
Horton Aero were not opposed but offered suggestions
for lessening specific items in most categories.
On May 3, 1991, the Director of Aviation met with
the operators and it was agreed by all that with the
addition of the following items the document would
be beneficial to all concerned:
June 13, 1991
Page 406
91-SOA-406-342
(23.)
1. Grandfather Clause:
Aeronautical activities with current
leases at Lubbock International
Airport are deemed to meet the
facilities requirements set forth
herein based on long standing
acceptable service in current
facilities at current locations, and
the same facility requirements will
be deemed adequate for lease renewal
purposes. If the business is
assigned, transferred, or legally
taken over intact, the new
principals may continue to meet the
minimum standards via this
Grandfather Clause. If the business
substantially changes due to change
of principal or major change in
facility, the standards set forth
must then be met in their entirety.
2. It was further recommended that
office lounge and restroom
facilities be at least 1,000 square
feet per facility.
These two items are incorporated in the final
version of the Standards.
In their May 8, 1991 regular Airport Advisory Board
meeting, the Board approved the Minimum Standards as
amended above and recommended approval of the City
Council.
Staff recommended approval.
Motion was made by Mayor Pro Tern Patterson, seconded
by Councilman Phillips to authorize Resolution #3639
as recommended by the Airport Board and City Staff.
Motion carried: 5 Yeas; 0 Nays.
Consider Resolution #3640 authorizing the Mayor to
sign a grant application. under the Department of
Transportation, Urban Mass Transportation Act of
1964, as amended, to provide Capital and Operating
Assistance.
June 13, 1991
Page 407
RESOLUTION #3640
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
application for a grant, under the Department of Transportation, Urban
Mass Transportation Act of 1964, as amended, to amend Fiscal Year 1990-
1991 grant #TX-90-Xl96, and to provide for Capital and Operating
Assistance for the period from October 1, 1991, through September 30,
1993, which shall be spread upon the minutes of the Council and as
spread upon the minutes of this Council shall constitute and be a part
of the Resolution as if fully copied herein in detail.
Passed by the City Council this 13th day of June, 1991.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Isl Larry V. Hoffman
Larry V. Hoffman, Director of
Transportation
APPROVED AS TO FORM:
/s/ J. Worth Fullinqim
J. Worth Fullingim, Assistant
City Attorney
/s/ B. C. McMinn
B. C. McMinn, Mayor
AUTHORIZING RESOLUTION
Resolution No. 3640
Resolution authorizing the filing of an application with the Department
of Transportation, United States of America, for a grant under the Urban
Mass Transportation Act of 1964, as amended:
WHEREAS, the Secretary of Transportation is authorized to make grants
for a mass transportation program of projects;
WHEREAS, the contract for financial assistance will impose certain
obligations upon the applicant, including the provision by it of the
local share of the project costs in the program;
WHEREAS, it is required by the U.S. Department of Transportation in
accord with the provision of Title VI of the Civil Rights Act of 1964,
that in connection with the filing of an application for assistance
under the Urban Mass Transportation Act of 1964, as amended, the
applicant gives an assurance that it will comply with Title VI of the
Civil Rights Act of 1964 and the U.S. Department of Transportation
requirements thereunder; and
WHEREAS, it is the goal of the applicant that minority business
enterprises be utilized to the fullest extent possible in connection
with this project, and that definite procedures shall be established and
administered to ensure that minority businesses shall have the maximum
construction contracts, supplies, equipment contracts, or consultant or
other services,
June 13, 1991
Page 408
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LUBBOCK, TEXAS, ON
THIS 13TH DAY OF JUNE, 1991, AS FOLLOWS:
1. That the MAYOR is authorized to execute and file an application on
behalf of the CITY OF LUBBOCK, TEXAS, with the U.S. Department of
Transportation to amend the Fiscal Year 1990-1991 grant #TX-90-
Xl96 and to provide aid in the financing of capital projects for
the period of October 1, 1991 through September 30, 1993, and
operating assistance for the period of October 1, 1991, through
September 30, 1992, pursuant to Section 9 of the Urban Mass
Transportation Act of 1964, as amended.
2. That the MAYOR is authorized to execute and file with such
application an assurance of any other document required by the
U.S. Department of Transportation effectuating the purposes of
Title VI of the Civil Rights Act of 1964.
3. That the GENERAL MANAGER of CITY TRANSIT MANAGEMENT COMPANY, INC.,
is authorized to furnish such additional information as the U.S.
Department of Transportation may require in connection with the
application for the program of projects.
4. That the MAYOR is authorized to set forth and execute affirmative
minority business policies in connection with the program of
project's procurement needs.
5. That the MAYOR is authorized to set forth and execute grant
agreements on behalf of the CITY OF LUBBOCK, TEXAS, with the U.S.
Department of Transportation for aid in the financing of the
planning, capital, and/or operating assistance program of
projects.
6. That the RESOLUTION shall take effect immediately upon its
adoption.
PASSED BY THE CITY COUNCIL THIS 13TH DAY OF JUNE, 1991.
ATTEST:
Isl Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Isl Larry V. Hoffman
Larry V. Hoffman, Director of
Transportation
APPROVED AS TO FORM:
Isl J. Worth Fullingim
J. Worth ·Fullingim, Assistant
City Attorney
Isl B. C. McMinn
B. C. McMinn, Mayor
A copy of the Department of Transportation, Urban Mass Transportation
Act of 1964 Grant Application is filed with Resolution No. 3640.
Approval of this grant is needed to amend the
Operating Assistance Grant for Fiscal Year 1990-
1991, for operating assistance to continue the
current level of service for October 1, 1991-
September 30, 1992, and for capital assistance for
October 1, 1991-September 30, 1993.
June 13, 1991
Page 409
Notices were published on February 13, 1991 and
February 17, 1991, giving the general public an
opportunity to comment on this application and a
public hearing was held on February 27, 1991 at
12:30 p.m. during the Lubbock Public Transit
Advisory Board meeting. There were no comments
received.
The Capital Assistance portion of the grant is 80%
Federally funded and 20% local share and will be for
Fiscal Years 1991-92 and 1992-93. The following
capital items will be used to maintain the current
level of services and provide additional services:
Downtown Transfer Center
Two Lift Equipped Replacement Vans
Two Lift Equipped Expansion Vans
Passenger Amenities
Bus Wash Replacement/Parking Lot
Maintenance Facility Improvements
Contingencies and Administration
TOTAL
$2,500,000
130,000
130,000
100,000
220,000
11,000
27,600
$3,118,600
Downtown Transfer Center. The center will provide a
downtown sheltered transfer area for over 2,100
passengers per day and should increase ridership.
It will allow off-street parking for the buses, thus
allowing for a safer traffic flow downtown and will
revitalize a deteriorated portion of the downtown
area. A State Oil Overcharge grant has been
approved for $370,000 of the $500,000 local share.
Two Lift Equipped Replacement Vans. These vehicles
are used in the Demand Response Service, but due to
age and mileage, the vehicles are in need of
replacement.
Two Lift Equipped Expansion Vans. As a part of the
route expansion, service to southwest Lubbock will
be implemented. Two 21 passenger vans will be used
to provide this service. A State Oil Overcharge
grant has been approved to provide the local share
of the purchase of the vans.
Passenger Amenities. Shelters and signs are needed
along current routes which have been identified as
areas where a high number of passengers board or de-
board the bus and also to replace damaged ones. The
implementation of the route expansion will create
the need for additional shelters and signs.
Bus Wash Replacement/Parking Lot. The existing bus
wash was installed in 1981 with a useful life of
seven years. The "I" beam supports and framework
have rusted beyond repair and the parking area has
been damaged due to heavy traffic and needs to be
replaced with concrete.
Maintenance Facility Improvements. The air
compressor alcove requires enclosure to meet OSHA
requirements. A partition wall will be constructed
to separate the steam area from the maintenance work
area to eliminate interference and increase safety
by eliminating wet working surfaces. The oil drain
arms on the drain pans are leaking, causing a slick
work surface and are in need of repair, and the air
line manifold needs to be repaired due to age.
June 13, 1991
Page 410
91-SOA-410-343
(24.)
The Operating Assistance portion of the grant is
funded by 50% Federal share and 50% local share.
The Fiscal Year 1990-1991 grant will be amended from
$2,500,000 to $2,630,000 in order to receive UMTA's
share of the increased operating expenses incurred
during the year for additional service provided to
Methodist Hospital. The amendment will allow
Citibus to reduce the City's share for Fiscal Year
1990-1991. The operating portion of the Fiscal Year
1991-1992 grant, as submitted, will include a local
share of $1,200,000, of which $600,000 will be
provided by the City of Lubbock; $360,000 by Texas
Tech University Student Fees; $65,000 by route
guarantees; and $175,000 by the State Public
Transportation funds.
The final Citibus budget for FY 1992 will be subject
to approval by the City Council through the City's
normal budget process. At their February 27, 1991
meeting, the Lubbock Public Transit Advisory Board
recommended that the City submit this application to
the Urban Mass Transportation Administration. Staff
recommended approval of the application.
Motion was made by Mayor Pro Tern Patterson, seconded
by Councilwoman Baker to authorize Resolution #3640
as recommended by Staff. Motion carried: 5 Yeas; O
Nays.
Consider Resolution #3641 authorizing the Mayor to
sign Contract No. 511XXF6032 with the State
Department of Highways and Public Transportation for
capital assistance.
RESOLUTION #3641
June 13, 1991
Page 411
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
Transportation Contract (being numbered Contract 511-XXF-6032) to be
entered into by and between the City of Lubbock and the Texas State
Department of Highways and Public Transportation, 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 13th day of June, 1991.
Isl B. C. McMinn
B. C. McMinn, Mayor
ATTEST:
Isl Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry V. Hoffman
Larry V. Hoffman, Director of
Transportation
APPROVED AS TO FORM:
Isl J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
A copy of the Local Match for Transit Providers (LMT) Grant Program
Contract is filed with Resolution No. 3641.
91-SOA-411-344
(25.)
The State Contract in the amount of $396,000 is for
part of the local share of the Downtown Transfer
Plaza ($370,000) and the total local share for the
purchase of two vans to be implemented in April,
1992 ($26,000). These funds are restricted to these
areas only because they are from the Oil Overcharge
Fund for Local Match for Transit Providers.
Motion was made by Councilman Aderton, seconded by
Councilman Phillips to authorize Resolution #3641 as
recommended by Staff. Motion carried: 5 Yeas; O
Nays.
Consider Resolution #3642 authorizing the Mayor to
sign a Contract with HOR for a Water
Characterization Study at the Solid Waste Landfill.
June 13, 1991
Page 412
RESOLUTION #3642
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock an
Agreement for Engineering Services with HOR Engineering, Inc., for a
groundwater characterization study, 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 13th day of June, 1991.
Isl B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Rita Harmon
Rita Harmon, Assistant City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of the Agreement for Engineering Services with HOR Engineering,
Inc., is filed with Resolution No. 3642.
The Texas Department of Health has requested that a
Groundwater Characterization Study, monitoring the
flow of the underground water for six months be
performed at the City of Lubbock landfill. A plan
for the study must be submitted by June 15 and
completed by a Hydrologist/Geologist certified by
the TOH.
Recent inspection of the two City groundwater
monitoring wells revealed that while the City of
Lubbock Landfill monitoring well construction and
design were in compliance with TDH Regulations when
the landfill permit was issued, the design and
construction do not meet desired and current
construction standards. New wells must be
installed, additional water samplings taken, and the
results compared with the results of the adjacent
groundwater analysis performed at the adjacent BFI
site.
TOH has requested that Staff perform a Groundwater
Characterization Study before the number and
specific location of the wells are planned to
determine the direction and flow rates of
groundwater for six months and to capture flow
during periods of irrigation and non-irrigation of
the farm property south of the landfill. Following
the study, a plan specifying the location of the
wells will be submitted to TOH and once approved,
the new monitoring wells will be installed to meet
all current TOH regulations. Once the monitoring
wells are in place, a detailed water analysis will
be performed.
91-SOA-413-345
(26.)
1.
June 13, 1991
Page 413
The Texas Department of Health requested the plan
for the groundwater study be filed by June 15, 1991
for their approval by Mid-July (which includes the
location and number of borings) and for the study to
commence by August 1. Because of HDR's familiarity
with the Landfill site, the initial groundwater
study already completed, and the short time line
required by TOH, City Staff has directed HOR to
initiate work on this study. The cost of the study
is as follows:
1. Boring Plan $1,027
2. Field Investigation Program $11,499
3. Production of an Analysis and Report $ 6,630
4. Project Management $ 540
s. Contingency $ 1,970
TOTAL $21,666
In addition to the above, additional costs will be
incurred for the installation of groundwater
monitoring wells, as well as sampling and analysis.
A capital project will be included in the 1991-92
budget for the installation of the new water well.
The costs for the installation of groundwater
monitoring wells would be about $3,000 per well;
monitoring and analysis of the wells would be $1,500
per well initially, and then possibly drop to $750
per well. The total costs will depend on the number
of wells required.
Staff recommended Council approval.
Motion was made by Councilman Aderton, seconded by
Mayor Pro Tern Patterson to authorize Resolution
#3642 as recommended by Staff. Motion carried: 5
Yeas; 0 Nays.
Consider Resolution #3643 authorizing the Mayor to
sign Interlocal Agreements for Solid Waste Disposal.
June 13, 1991
Page 414
RESOLUTION #3643
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 various
Inter1ocal Landfill Use Agreements by and between the City of Lubbock
and other local municipalities in substantially the same form as those
agreements 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 13th day of June, 1991.
Isl B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
Isl Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Rita Harmon
Rita Harmon, Assistant City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of the various Interlocal landfill Use Agreements by and between
the City of Lubbock and other local municipalities are filed with
Resolution No. 3643.
During the September 13, 1990 Work Session, the City
Council authorized the Solid Waste Department to
negotiate Interlocal Government Agreements with
selected neighboring cities for solid waste
disposal. The primary purpose of the agreements is
to formalize the existing practices with an
agreement that specifies the other cities'
responsibilities, the responsibilities of the
haulers, the type of waste accepted, and the costs.
The waste provided for in these Landfill Use
Agreements is currently entering the Landfill and
does not necessarily represent 11 new~ waste. Triple
C Waste, Idalou, Texas, is the designated hauler for
these cities and has been transporting an average of
230 tons per month, approximately 1.6% of Lubbock's
total waste stream for the past year. Some of these
cities have been transporting their waste to Lubbock
for several years. The cities that have approved
the agreements are as follows:
City of Ralls
City of Crosbyton
City of Petersburg
City of Lorenzo
City of Anton
City of Abernathy
91-SOA-415-346
(27.)
June 13, 1991
Page 415
The key provisions of the agreements are:
1) The Agreement is a three-party
Agreement between Lubbock, the
participating city and Triple C, the
private hauler.
2) The term is for one year, with
successive one-year terms up to five
years, and can be cancelled in
writing by either party with a
ninety (90) day written notice.
3) The waste to be hauled to the
landfill is limited to "municipal
solid waste". Hazardous and/or
toxic waste is specifically excluded
from entering the landfill.
4) The cost is $8.00 per ton, plus the
50¢ State of Texas surcharge. The
cost can be adjusted as the landfill
fees are adjusted.
5} There is a $2.00 per ton additional
charge to outside municipalities.
The purpose is to create an existing
cash fund which will be used to
immediately perform clean-ups in the
event of a spill or other
environmental problem that requires
immediate action. These funds would
be available to go towards the
acquisition of additional facilities
if they are not used for
environmental actions. Should there
be a problem identified at the
landfill, others who dispose their
waste at the landfill will be
assessed their pro-rated share,
minus the amount paid into the
special reserve fund.
Staff recommended Council approval.
Motion was made by Councilman Aderton, seconded by
Mayor Pro Tern Patterson to authorize Resolution
#3643 as recommended by Staff. Motion carried: 5
Yeas; O Nays.
Consider Resolution #3644 authorizing the Mayor to
sign an application for a Federally financed
Occupant Protection Selective Traffic Enforcement
Grant (Safety Belt Enforcement).
June 13, 1991
Page 416
RESOLUTION #3644
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 and associated documents by and between the City of Lubbock and
the State Department of Highways and Public Transportation for Occupant
Protection Selective Traffic Enforcement Project activities, 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 13th day of June, 1991.
Isl B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
Isl Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Isl Donald Bridgers
Donald Bridgers, Chief of Police
APPROVED AS TO FORM:
Isl Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of the Texas Traffic Safety Program Contract is filed with
Resolution No. 3644.
91-SOA-416-347
(28A.)
The state wide goal for fiscal year 1991 is 70%
safety belt use by drivers, front seat passengers,
and children ages Oto 4. Lubbock currently has a
safety belt use rate of 70%, and has a child
passenger restraint rate of 50.6%.
The State recently approached the Police Department
to request Staff acceptance of a three-month grant
to provide increased seat belt enforcement. This is
a 100% State funded grant for $20,000 to be
administered during June, July and August.
Motion was made by Councilman Phillips, seconded by
Mayor Pro Tern Patterson to authorize Resolution
#3644 as recommended by Staff. Motion carried: 5
Yeas; 0 Nays.
Consider a Joint Election Resolution to conduct the
August 10, 1991 Special City Election as a joint
election with Lubbock County.
Lubbock County requested approval of City Council to
join with the City of Lubbock election called for
August 10, 1991.
91-SOA-417-348
(29.)
91-SOA-417-349
(30.)
91-SOA-417-350
(31.)
June 13, 1991
Page 417
It was consensus of Council in Work Session to place
an Ordinance on the next City Council agenda
rescinding the Ordinance previously passed which
called the one-half of one percent sales tax
election for economic development, therefore, no
action was taken on this item.
BID #11350--Chemical protective clothing {Fire
Department).
Direct Safety, Phoenix, AZ--4 ea. safety helmet; 30
ea. chemical resistant gloves; 8 pr. Neoprene
gloves.
Lewis Supply, Borger--4 ea. chemical suit, Level A
w/Kevlar outer cover; 2 ea. chem. suit, Level A; 10
ea. chem. suit, Level B.
Safety Supply America, Grand Prairie--20 ea.
coveralls; 20 ea. Tyvek coveralls.
Vallen Safety Appliances, Odessa--1 ea. pressure
test kit; 8 pr. Butyl gloves; 4 pr. PVA chem.
gloves; 4 pr. heat resistant gloves; 17 pr. Nomex
coverall.
Mine Safety Appliances, Carrollton--20 pr. PVC
shoe/boot protector.
Motion was made by Mayor Pro Tern Patterson, seconded
by Councilwoman Baker to authorize low bids meeting
specifications. Motion carried: 5 Yeas; O Nays.
BID #11323--Annual pr1c1ng for connectors and
sleeves (Central Warehouse).
Westinghouse Electric Supply--600 ea. service
entrance sleeve, 4/0; 750 ea. terminal connector,
1/0-SOOMCM; 1,300 ea. vise connector, No.2-No.3;
1,900 ea. vise connector, No.4-No.6; 320 ea. vise
connector, No.8; 600 ea. vise connector No.1/0; 900
ea. vise type connector, 4/0.
Temple, Inc.--375 ea. service entrance sleeve, 1/0;
308 ea. Insu1ink, 1/0-4/0.
Graybar Electric, Amarillo--700 ea. service entrance
sleeve, No.6-No.4; 12,500 ea. service entrance
sleeve, No.4-ACSR No.4; 500 ea. service entrance
sleeve, No.2-No.1; 150 ea. service entrance sleeve,
No.4-No.8; 100 ea. service entrance sleeve No.4-
No.10; 2,400 ea. service entrance sleeve, No.4-No.2.
Motion was made by Mayor Pro Tern Patterson, seconded
by Councilwoman Baker to authorize low bids meeting
specifications. Motion carried: 5 Yeas; O Nays.
BID #11257--Irrigation System for Municipal Hill
Operation Center, and authorize same (Building
Services).
June 13, 1991
Page 418
RESOLUTION #3645
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 J. R.1 s Landscaping &
Sprinkler System for an irrigation system 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 13th day of June, 1991.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Isl Gene Eads
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
Isl Harold Willard
Harold Willard, Assistant City
Attorney
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
Isl B. C. McMinn
B. C. McMINN, MAYOR
THIS AGREEMENT, made and entered into this 13th day of June, 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 J. R.'s Landscaping & Sprinkler
System of the City of Lubbock, County of Lubbock, and the State of
Texas, hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the OWNER
and under the conditions expressed in the bond bearing even date
herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence
and complete the construction of certain improvements described as
follows:
BID NO. 11257 Irrigation System for Municipal Hill Operation Center
(Building Services) in the amount of $79,980.00
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.
June 13, 1991
Page 419
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment on account thereof as provided
therein.
IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in Lubbock, Lubbock County, Texas in the year and day
first above written.
ATTEST:
/s/ Ranette Boyd
Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
Isl B. C. McMinn
Mayor
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
ATTEST:
Secretary
J. R.'s Landscaping & Sprinkler
CONTRACTOR
By:
TITLE:
COMPLETE ADDRESS: J. R.'s Landscaping & Sprinkler System
1717 Avenue K
91-50A-419-351
(32.)
91-SOA-419-352
(33.)
Suite 205
Lubbock, Texas 79405
Motion was made by Mayor Pro Tern Patterson, seconded
by Councilwoman Baker to authorize Resolution #3645
as recommended by Staff. Motion carried: 5 Yeas; 0
Nays.
BID #11320--Annual pr1c1ng for bottled water and
water treatment systems (Water Treatment).
Culligan Water Conditioning
Motion was made by Mayor Pro Tern Patterson, seconded
by Councilwoman Baker to authorize low bid meeting
specifications. Motion carried: 5 Yeas; O Nays.
BID #11317--Guadalupe Treescape Program, and
authorize same {Community Development).
June 13, 1991
Page 420
RESOLUTION #3646
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 Tom's Tree Place for
Guadalupe Treescape Program at the Guadalupe Neighborhood, 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 13th day of June, 1991.
ATTEST:
Isl Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Isl Gene Eads
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
Is/ Harold Willard
Harold Willard, Assistant City
Attorney
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
Isl B. C. McMinn
B. C. McMINN, MAYOR
THIS AGREEMENT, made and entered into this 13th day of June, 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 Tom's Tree Place of the City of
Lubbock, County of Lubbock, and the State of Texas, hereinafter termed
CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the OWNER
and under the conditions expressed in the bond bearing even date
herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence
and complete the construction of certain improvements described as
follows:
BID NO. 11317 Guadalupe Treescape Program (Community Development) in the
amount of $11,940.00
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.
June 13, 1991
Page 421
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment on account thereof as provided
therein.
IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in Lubbock, Lubbock County, Texas in the year and day
first above written.
ATTEST:
/s/ Ranette Boyd
Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
Isl B. C. McMinn
Mayor
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
ATTEST:
Secretary
Tom's Tree Place
CONTRACTOR
By:
TITLE: ------
COMPLETE ADDRESS: Tom's Tree Place
91-SOA-421-353
(34.)
5104 34th Street
Lubbock, Texas 79410
Motion was made by Mayor Pro Tern Patterson, seconded
by Councilwoman Baker to authorize Resolution #3646
as recommended by Staff. Motion carried: 5 Yeas; O
Nays.
BID #11327--Annual pricing for fuses (Central
Warehouse).
Westinghouse Electric Supply--12 ea. 200 amp
loadbreak cutout.
Southwestern Electric Supply--1,200 ea. fuse, 10
amp, 600V; 721 ea. plug fuse, 125V, 30 amp; 30 ea.
15 amp, 250V; 30 ea. fuse, non-renewable, 20 amp,
250V; 150 ea. fuse, non-renewable, 30 amp, 250V; 30
ea. fuse, non-renewable, 30 amp, 600V; 60 ea. fuse,
non-renewable, 60 amp, 600V; 25 ea. fuse, non-
renewable, 100 amp, 600V; 5 ea. fuse, 250V, FRN90;
10 ea. fuse, non-renewable, 6 amp, 250V; 20 ea.
fuse, dual element, FRN45; 20 ea. fuse, dual
element, FRN60; 20 ea. fuse, renewable, FRS-20; 3
ea. fuse, renewable, FRS-25; 10 ea. fuse, renewable,
FRS-50; 10 ea. fuse, renewable, FRS-125; 20 ea.
fuse, 600V, FRS70; 130 ea. fuse, FRS30; 25 ea. fuse,
600V, FRS30; 10 ea. fuse, 600V, FRSlOO; 50 ea. fuse,
600V, BBS2; 5 ea. fuse, 600V, FRS70; 10 ea. fuse,
600V, FRSlSO.
Temple, Inc.--150 ea. 100 amp cutout 7.8KV; 300 ea.
expand cap for 100 amp cutout; 400 ea. combination
cutout 7.8KV 100 amp; 15 ea. fuse link-2 amp; 800
ea. fuse link-6 amp; 200 ea. fuse link-IO amp; 150
ea. fuse link-IS amp; 200 ea. fuse link-25 amp; 225
ea. fuse link-40 amp; 125 ea. fuse link-65 amp; 100
ea. fuse link-80 amp; 25 ea. fuse link-100 amp; 25
ea. fuse link-50 amp.
June 13, 1991
Page 422
91-SOA-422-354
(35.}
Motion was made by Mayor Pro Tern Patterson, seconded
by Councilwoman Baker to authorize low bids meeting
specifications. Motion carried: 5 Yeas; 0 Nays.
BID #11306--Annual pricing for lamps (Central
Warehouse).
American Light, Oallas--1,400 ea. lamp, 200W, 130V,
inside frosted, med. base; 240 ea. lamp, 300W, 130V,
clearn, med. base; 12 ea. lamp, flood, 300 Par 56;
12 ea. lamp, Quartz, 300W, screw term base, Non
Teflon coated; 350 ea. lamp, 116W, traffic; 2,400
ea. lamp, traffic, 1950L; 12 ea. lamp, 55V, HPS,
Lucalox, med. base.
Westinghouse Electric Supply--12 e.a lamp, 175W,
mercury vapor, white Mogul base; 120 ea. lamp, 250W,
sodium vapor; 60 ea. lamp, 360W, clearn, high
pressure sodium; 900 ea. lamp, lOOW, HPS sodium
vapor; 60 ea. lamp, FCBTgWW; 36 ea. lamp, LU-150; 12
ea. lamp, EGE; 12 ea. lamp, EGJ.
General Electric Supply, Indianapolis, IN--480 ea.
lamp, 60W, 120V, clearn, med. base; 1,400 ea. lamp,
lOOW, 130V, inside frosted, med. base.
Temple, Inc.--360 ea. lamp, 75W, RS, tough skin; 40
ea. lamp, 300W, 130V, clearn, Mogul base.
Southwestern Electric Supply--100 ea. lamp, 189W,
125V, med. base, street lighting; 60 ea. lamp, 150W,
120V, med. base; 36 ea. lamp, FEL Quartz; 18 ea.
lamp, 125V, 250R, 40/1; 12 ea. lamp, BVT; 12 ea.
lamp, CYV; 120 ea. lamp, 115-125, 7-1/2, SR; 98 ea.
lamp, 145V, incandescent, 15T6; 96 ea. lamp, 7C7;
360 ea. lamp, 6A-T10-P; 120 ea. lamp, 1.6A-T14-2P;
6,000 ea. lamp, F40CW; 180 ea. lamp, F96Tl2/CW.
Nunn Electric Supply--7 ea. lamp, ULX 150, sodium
vapor.
Graybar Electric Company, Amarillo--360 ea. lamp,
25W, 130V, inside frosted, med. base; 1,400 ea.
lamp, 75W, 120V, inside frosted, med. base; 180 ea.
lamp, 150W, 120V, inside frosted, med. base; 36 ea.
lamp, 250W, mercury vapor, clear; 25 ea. lamp, lOOW,
230V, frosted lamp; 45 ea. lamp, 300W, 130V, inside
frosted, Mogul base; 100 ea. lamp, 500W, 125V,
clear, Mogul base; 40 ea. lamp, 24n, med. bipin,
fluorescent daylight; 240 ea. lamp, 400W, mercury
vapor, Mogul base; 550 ea. lamp, 120V, flood, med.
base; 240 ea. lamp, 75W, 120-130V, flood, R30; 60
ea. lamp, F20Tl2, CW fluorescent; 950 ea. lamp,
400W, sodium vapor; 48 ea. lamp, 130V, Q250MC; 24
ea. lamp, 130V, minican base; 150 ea. lamp, 240V,
clear; 300 ea. lamp, FB40CW; 540 ea. lamp, 130V,
inside frosted; 480 ea. lamp, 130V, inside frost,
intermediate base; 24 ea. lamp, 125-130V, 500 T3Q,
clear; 24 ea. lamp, QlOOO Par64/MFL; 16 ea. lamp,
1200 T20; 240 ea. lamp, showcase, 25Tl0; 1,000 ea.
lamp, 150 flood; 180 ea. lamp, 1500W, clear; 60 ea.
lamp, F96T12D; 300 ea. lamp, F40T12D; 24 ea. lamp,
F48Tl2/CW; 250 ea. lamp, F96Tl2/CW; 45 ea. lamp,
F72Tl2/CW; 30 ea. lamp, metal, MlOOO; 60 ea. lamp,
F48Tl2; 48 ea. lamp, F30Tl2WW; 144 ea. lamp, F30Tl2;
24 ea. lamp, U-bent, FB40LW/6/EWOII; 36 ea. lamp,
70W, HPS, med. base.
91-SOA-423-355
(36.)
91-SOA-423-356
{10.)
June 13, 1991
Page 423
Motion was made by Mayor Pro Tern Patterson, seconded
by Councilwoman Baker to authorize low bids meeting
specifications. Motion carried: 5 Yeas; O Nays.
BID #11340--Annual pricing for sand. gravel and
caliche (Streets).
Kerr Construction Company--1,500 tn. screening or
crush fines; 3,000 cy. crushed ca1iche.
Damron Sand & Gravel--200 tn. brick sand; 300 tn.
Grade 4 gravel.
R.E. Jones Gravel Co., Slaton--100 tn. concrete
sand; 300 tn. 1" concrete rock; 100 tn. vealmore
exposed aggregate; 6,500 tn. backfill gravel; 300
tn. Grade 3 gravel; 100 tn. Grade 5 gravel; 200 tn.
Grade 6 gravel; 500 tn. Grade 1/2" base course
gravel; 500 tn. Grade 3/4" base course gravel; 2,500
tn. l" base course gravel.
Motion was made by Mayor Pro Tern Patterson, seconded
by Councilwoman Baker to authorize low bids meeting
specifications. Motion carried: 5 Yeas; 0 Nays.
Hold a Public Hearing for Enerqas Rate Request.
According to Staff memo, on April 19, 1991, Energas
submitted a request to adjust the gas rate within
the city limits of the City of Lubbock. The rate
request states that the rates would increase
approximately 6% above current levels at an
additional revenue to $5,986,851. At the May 9,
1991 Regular meeting, the City Council, sitting as a
regulatory body in accordance with state law on gas
rate regulations, suspended the rate request for 90
days in order to study the proposal.
Mayor McMinn commented that this Public Hearing is
required by State Law, and upon completion of the
study by the organization of West Texas Cities,
Staff will set another date to hear the report and
recommendations.
This hearing was to receive public comments, and no
action of Council was required.
Mayor McMinn then called on Energas for comments.
Kelvin Betzen, District Manager of Energas, stated
that there are 66 cities in the West Texas System.
He said that the Energas Rate Department had
conducted an analysis and found a sizeable
deficiency in revenues. He stated that the cost of
gas increases and decreases are passed through to
customers.
Cecil Puryear spoke in opposition to the rate
increase.
Mayor McMinn closed the hearing at 10:37 a.m.
June 13, 1991
Page 424
91-50A-424-357
{28.)
91-SOA-424-358
{ 5.)
91-SOA-424-359
(38.)
91-SOA-424-360
{39.)
91-SOA-424-361
{40.)
Hold an Executive Session to discuss land
acquisition (Right-Of-Way); and pending litigation
(Utilities).
Presentation honoring City employees who served in
Desert Shield/Desert Storm.
Mayor McMinn and members of the City Council
presented appreciation plaques to the seven City
employees who served in the Operation Desert
Shield/Desert Storm and to one other employee who
signed up for four years in the Army:
Officer Bill Bates, Police Department
Officer James Curtis, Police Department
Officer Robert Escobedo, Police Department
Officer Kevin Henley, Police Department
Officer David Houser, Police Department
Brian Griffin, Civic Center
Jerry White, Water Utilities
Officer Marsh Blackmore, Police Department
{4 years)
Consider nine appointments to the Garden and Arts
Center Advisory Committee. The terms of Louise
Cummins. Vivian Cooke, Amy Rodriguez, Danny Mclarty,
Nan O'Conner, Alice Gomez, Roxie Eppler, Eric
Strong. and Eileen Gibbs expired on May 24. 1991.
Motion was made by Councilman Phillips, seconded by
Mayor Pro Tem Patterson to reappoint Louise Cummins,
Vivian Cooke, Amy Rodriguez, Danny Mclarty, Nan
O'Conner, Alice Gomez, Roxie Eppler, Eric Strong,
and Eileen Gibbs to the Garden and Arts Center
Advisory Committee. Motion carried: 5 Yeas; 0
Nays.
Consider one appointment to the Permit and License
Appeal Board. Roy Roberts has declined his
appointment, and this term expires April 27. 1993.
Motion was made by Councilman Phillips, seconded by
Councilman Aderton to appoint Brad Baccus to the
Permit and License Appeal Board. Motion carried: 5
Yeas; 0 Nays.
Consider one appointment to the Zoning Board of
Adjustment. The recent appointment of Kim Allen as
a regular member left one alternate member vacancy
which is due to expire February 26, 1993.
Motion was made by Councilman Phillips, seconded by
Mayor Pro Tern Patterson to appoint Betty Lowder as
alternate member on the Zoning Board of Adjustment.
Motion carried: S Yeas; O Nays.
91-SOA-425-362
(41.)
91-SOA-425-363
{42.)
91-SOA-425-364
(43.)
91-SOA-425-365
{44.)
June 13, 1991
Page 425
Consider six appointments to the Community
Development Advisory Committee. The terms of Gary
Cocanougher, Augustin Estrada, Rev. Kado Lang, Hoyse
McMurtry, Mary Mauldin, and Sharon Bennett expired
on May 31, 1991.
Motion was made by Councilman Phillips, seconded by
Councilwoman Baker to appoint Raymond Sosa to Sector
1 and to reappoint Gary Cocanougher, Rev. Kado Lang,
Hayse McMurtry, Mary Mauldin, and Sharon Bennett to
the Community Development Advisory Committee.
Motion carried: 5 Yeas; 0 Nays.
Consider three appointments to the Building Board of
Appeals. The terms of Terrv Echols, Raymond Powell,
and Michael Landress expired on June 1, 1991.
Motion was made by Councilman Phillips, seconded by
Councilman Aderton to reappoint Terry Echols,
Raymond Powell, and Michael Landress to the Building
Board of Appeals. Motion carried: 5 Yeas; O Nays.
Consider three appointments to the Human Relations
Commission. The terms of Rev. John Ballard, Ramon
Flores, Vivian Hupp expired on May 25, 1991.
Motion was made by Councilman Phillips, seconded by
Mayor Pro Tern Patterson to appoint Mark Hall and
Lalo Quirino and to reappoint Vivian Hupp to the
Human Relations Commission. Motion carried: 5
Yeas; O Nays.
Consider two appointments to the Lubbock Cultural
Affairs Council Grants Review Committee. The terms
of Rita Harmon and Jerry Griffins expired on
December 31. 1990.
Motion was made by Councilman Phillips, seconded by
Mayor Pro Tern Patterson to appoint Kay Wood Brown
and to reappoint Rita Harmon to the Lubbock Cultural
Affairs Council Grants Review Committee. Motion
carried: 5 Yeas; 0 Nays.
June 13, 1991
Page 426
There being no further business to come before Council, motion was made
by Mayor Pro Tem Patterson, seconded by Councilman Phillips to adjourn
the meeting at 11:23 a.m. Motion carried; 5 Yeas; O Nays.
13.C. McMi,tfdor
ATTEST:
Read and approved this 27th day of June, 1991.
xf._C-~~ B.t: McMin,Mayor
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