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HomeMy WebLinkAboutMinutes - City Council - Regular - 7/11/1991CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING JULY 11, 1991 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 11th day of July, 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, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr., and City Secretary Ranette Boyd. Absent: Councilman M. J. Aderton. Mayor McMinn called the meeting to order at 10:00 A.M. ( 1.} The Invocation was given by Assistant City Manager Robert Massengale. ( 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 June 27, 1991 Regular City Council meeting as written. Motion carried: 6 Yeas; 0 Nays. 91-50B-451-3s6 4.) A representative of Civic Lubbock, Inc., will appear to present the 1991-92 Budget. The Agreement between the City of Lubbock and Civic Lubbock, Inc. provides that Civic Lubbock, Inc. present their budget for the upcoming year to the City Council in July of each year. Mavis Miller, Chairman of Civic Lubbock, Inc., stated that the 1991-92 Civic Lubbock, Inc. budget shows combined revenues of $1,295,410 and direct expenses of $897,480. General operating expenses are estimated to be $76,648 for a total expense of $974,128. Direct expenses are those required to produce gross revenues and net profits from concessions and ticket sales; General Operating expenses reflect administrative expenses for all Civic Lubbock, Inc. operations. The combined revenues reflect an estimated 11% increase over the current year generally due to the addition of the Meadowbrook food and beverage operation for a full fiscal year and an anticipated increase in Select -a -Seat revenues. Direct expenses reflect a 19% increase and an increase of 15% in general operating expense is anticipated, primarily due to increased expense for Meadowbrook and Select - a -Seat personnel. July 11, 1991 Page 452 91-50B--452-397 (16.) The amount to be paid to the City is $164,606, an increase of 3.5%. An additional amount of $11,139 will be paid to the Parks and Recreation Department. These figures include the Civic Center, Auditorium/Coliseum, and Meadowbrook Golf Course concession operations. The Meadowbrook budget includes a capital expenditure of $9,570 for purchase of equipment. The booking budget provides for $78,746 for specific allocation for 18 events and an additional $25,000 in Booking Reserve for a total of $103,746. This amount includes allocation for five events not previously funded by Civic Lubbock, Inc., and such major events as Holiday Happening, Community Christmas Party, Arts Festival, Fiestas, Lubbock Symphony and Ballet Lubbock. The new events are: TTU/NIRA Rodeo, Girl Scout Fair, TTU/College Theater Festival, Lubbock Civic Chorale Christmas Concert and Bernstein/Copeland Concert. Allocations for art and beautification total $8,125 with an additional $7,500 reserve for a total of $15,625. entertainment) on the south 145 feet of Lot 4, Plan -Ex Addition, and consider Ordinance. Mike Carper appeared on behalf of Sonny's Borrowed Money Saloon, Inc. to present this request for zone change. Mr. Carper pointed out that this site is separated from the adjacent area by an earthen dam and screening fence on the west side, a highway on the north side, a lake and chain link fence on the east side, and Loop 289 Access Road on the south side. He stated further the area requested to be permitted is only a small portion of the complex and is located at the corner farthest away from Brown McKee Construction. According to Mr. Carper, this request meets all requirements of the ordinance and if not granted then the proponent is concerned about where inside the City limits such an establishment might be permitted. He then questioned the two adult entertainment establishments currently permitted as previously existing condition. E. Jack Brown, Brown McKee, Inc. spoke in opposition to this request. Mayor McMinn closed the hearing at 10:50 a.m. David Jones, Director of Planning, stated that in Zone Case 2635-A, the area within the old Carriage House Motel requested for adult entertainment was the floor area housing the former club and restaurant facing the Slaton Highway. The portion requested within this case is approximately the east one-half of the south most building of the old motel facing Loop 289. July 11, 1991 Page 453 Mr. Jones gave the adjacent land use relationships as follows: North South East West - the club associated of the old motel - Loop 289 - playa lake with the north part - Brown McKee Engineering According to Staff memo, since the area is zoned M-1, the only Comprehensive Land Use Plan issue is that of entry corridors to the City of Lubbock. Mr. Jones reported that at the P&2 Hearing several adjacent landowners presented the same objections concerning adult entertainment as expressed last year. The Planning and Zoning Commission discussion regarded the following three Zoning Policy issues: 1. The Site Plan shows the current club (Borrowed Money), the two east buildings as future commercial, approximately one-half (6300 square feet) of the south building as the adult entertainment club and the other half as a future game room. P&Z Commission members indicated an interest in the type of businesses planned for the "future commercial", as well as the compatibility of a game room in the same building. Within the current M-1 zoning all of the other current or proposed activities are permitted uses so long as the required parking is provided. The proponent has a plat prepared on their adjacent unplatted property that would provide a parking area for many combinations of uses. 2. The Specific Use District in Section 29-24(c)(26) speaks to an adult entertainment establishment with three guidelines: a. 750' from any church or school-- No such uses within that distance. b. 600' from another adult entertainment establishment -- None within 600'. C. 200' from residentially zoned property --The closest residential zoning is approximately 630' southwest across Loop 289. July 11, 1991 Page 454 3. Not included as a discussion of adult entertainment, but as a zoning requirement for bars, is the 500' separation. The proponent stated that the Texas Alcoholic Beverage Commission indicated that the adult entertainment area could operate under the Borrowed Money alcoholic beverage permit. Mr. Carper indicated that the entire property would be declared as the premises and that several areas on the property could have either bars or restaurants under the umbrella of one permit. Staff noted that if separate permits are required, then approval of the adult entertainment Specific Use Permit would waive the 500' spacing rule. According to Staff memo, the zone change request submitted by the proponent included only the south building location. The adjacent property owners and several P&Z Commission members questioned whether the smaller parcel was intentional to reduce the notice area and to diminish the possibility of 20% opposition. Staff response was that the smaller definition of property has recently been used several times and further, even if the entire lot an which the south building is located were requested for change, the increased notice area and property owners would not have triggered the 5/7th City Council vote by reason of 20% opposition. Although there is little doubt that increased activity on this parcel would increase traffic, this should not significantly impact overall traffic since the property fronts an both the Slaton Highway and Loop 289. Final Staff comments verified that adult entertainment is included in the Specific Use section of the Code because the use is a sensitive social issue that is accommodated through zoning. The Planning and Zoning Commission based their denial on the fact that conditions presented with the first request had not changed. Staff recommended that Council uphold the P&Z denial of the request. Motion was made by Councilman Phillips, seconded by Councilwoman Baker to uphold the Planning and Zoning Commission recommendation for denial of Zone Case #2535-B request as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. 91-50B-454-398 (17.) Hold a Public Hearing an Council redistricting options. July 11, 1991 Page 455 91-50B-455-399 (18.) Consider Ordinance #9458 approving Council election districts. AN ORDINANCE AMENDING SECTION 8-4, SUBSECTIONS (b) AND (c) OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO ESTABLISHMENT OF DISTRICTS FOR CITY COUNCIL MEMBERS BASED UPON THE 1990 FEDERAL CENSUS; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Assistant City Manager Jim Bertram explained the three options to more closely equalize City Council districts according to population and to maintain the requirements of the Federal Courts regarding minority representation/population areas. According to Staff memo, any of the following three options will comply with the Court requirements, Voting Rights Act, and provide equal numbers per district: Option #1 Precinct Precinct Total Council District Gains Deductions Deviation 1 17 & 71 0.79% 2 18 & 25 -3.40% 3 22, 23, 28 17, 18, 25 -0.40% & 67 & 49 4 21 & 30 23, 28, 61 1.32% & 67 5 61 23, 22, 30 -2.33% & 57 6 49 & 57 71 4.02% Top to bottom deviation for Option #1 is 7.42%. Option #2 Precinct Precinct Total Council District Gains Deductions Deviation 1 17 & 18 2.35% 2 25 & 29 3.21% 3 21, 22, 23 17, 18, 25 3.58% & 28 & 29 4 30 23 & 28 0.49% 5 21, 22 & 30 -5.41% 6 No change in precincts -4.21% Top to bottom deviation 8.99%. July 11, 1991 Page 456 Option #3 Precinct Precinct Total Council District Gains Deductions Deviation 1 17 & 18 5 -3.06% 2 5 & 29 -4.13% 3 22, 23 & 28 17, 18 & 29 2.63% 4 30 23 & 28 0.49% 5 22, 30 & 57 2.59% 6 57 1.48% Top to bottom deviation 6.67% Those speaking in opposition were: Clyde Myres, 2606 Ridge Road --apposes creation and maintenance of minority districts. Harold Chatman--Supports Option #3: 74% minority make-up with 4.13 deviation. Joan Ervin --Supports Option #2. Cecil Puryear--apposed all options. Mayor McMinn closed the hearing at 11:30 a.m. Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Baker to pass on first reading Ordinance #9458 and choosing Option #2. Motion carried: 6 Yeas; 0 Nays. 91-508-456-400 5.) A representative of the Lubbock Cultural Affairs Council wi,l,l.appear to present recommendations for the first part of 1991. On January 10, 1991, the City Council approved an Agreement between the City of Lubbock and the Cultural Affairs Council for $106,411.72 for the encouragement, promotion, and improvement of all forms of art in the community. These funds represent that amount collected from one-half cent of the hotel/motel tax during the fiscal year that ended on September 30, 1990. The Agreement provides that the review committee of the Cultural Affairs Council receive and evaluate applications for grants and then makes recommendations to the City Council for awarding of these grants. Russell Hughes presented recommendations of the Lubbock Cultural Affairs Council for funding of grants the first part of 1991. According to Mr. Hughes, the Cultural Affairs Grants Review Committee met and reviewed 22 applications with requests totalling $112,288 June 27, 1991. 17 grants were recommended for full or partial funding at a total of $61,646, $150 above the total dollars available for funding. July 11, 1991 Page 457 The applications recommended for funding were as follows; Total Funded Texas Tech University Department of Art $ 3,500 West Texas Regional Scholastic Art Competition Lubbock Symphony Orchestra 8,500 Lubbock Symphony Orchestra Youth Concerts Texas Tech University KTXT-TV 3,604 West Tejano Lifestyles Series Texas Tech University Theatre 4,000 Region VI American College Theatre Festival Texas Tech University School of Music 3,578 Thouvenel String Quartet/Mozart Festival Texas Tech University Bilingual- 2,440 Multicultural Resource Center Viva La Musica Fiestas del Llano, Inc. 6,000 16 de Septiembre-Fiestas Patrias Celebration Lubbock Community Theatre 2,522 Dick Whittington Acteen/Lubbock Community Theatre 7,500 Acteen City of Lubbock Fine Arts Center 3,000 Rejoice City of Lubbock Fine Arts Center 400 National Drawing Exhibition Ballet Lubbock 7,500 The Nutcracker 1991 University -Civic Chorale 3,200 Family Christmas Concert Texas Tech University Museum 1,037 Lubbock Lake Artifact Boxes Texas Tech University Center Programs 500 Arun Gandhi Texas Tech University Center Programs 1,365 The Long String Instrument 4th U.S. Cavalry Regiment (Memorial) 3,000 Association Second Annual National Horse Cavalry Olympics and Exposition Motion was made by Councilwoman Trejo, seconded by Councilman Maloy to approve recommendation of the Lubbock Cultural Affairs Council for arts grants funding as set forth above. Motion carried: 6 Yeas; 0 Nays. July 11, 1991 Page 458 91-50B-458-401 ( 6.) No one spoke either for or against this request. According to Staff memo, Eustacio Montalvo applied for a Loudspeaker Permit for July 13, 1991 from 7:30 p.m. until 11:30 p.m. at 102 North Uvalde, and Mr. Montalvo 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 Mayor Pro Tem Patterson, seconded by Councilman Maloy to approve request of Eustacio Montalvo for a Loudspeaker Permit for July 13, 1991 from 7:30 p.m. until 11:30 p.m. Motion carried: 6 Yeas; 0 Nays. 91-508--458-402 ( 7.) No one spoke either for or against this request. According to Staff memo, Ed Ainsworth applied for a Loudspeaker Permit on behalf of Agape Christian Center for July 19 through July 31, 1991 from 7:30 p.m. until 10:00 p.m. at 6508 Avenue P, and Mr. Ainsworth 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 Councilwoman Baker, seconded by Councilman Maloy to approve request of Agape Christian Center for a Loudspeaker Permit for July 19 through July 31, 1991 from 7:30 p.m. until 10:00 p.m. Motion carried: 6 Yeas; 0 Nays. 91-50B-.458-403 ( 8.) Chuck Kershner has applied for a Loudspeaker Permit on behalf of Dr. Sam Hill for July 13 1991 from 7:00 p.m. until 11:00 g.m. in conjunction with a barbecue and dance. No one spoke either for or against this request. According to Staff memo, Chuck Kershner applied for a Loudspeaker Permit on behalf of Dr. Sam Hill for July 13, 1991 from 7:00 p.m. until 11:00 p.m., and 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 Councilwoman Baker, seconded by Mayor Pro Tem Patterson to approve request of Dr. Sam Hill for a Loudspeaker Permit for July 13, 1991 from 7:00 p.m. until 11:00 p.m. Motion carried: 6 Yeas; 0 Nays. July 11, 1991 Page 459 91-50B-459-404 ( 9.) ORDINANCE #9454 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2572; A 20NIING CHANGE FROM A-1 TO C-2 AND C-4 TO C-2 ZONING ON LOTS 14, 15, 16, 17 AND A PORTION OF 18, BLOCK 2, HANKINS ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 91-50B-459-405 (10.) Motion was made by Mayor by Councilwoman Trejo to reading Ordinance #9454 Motion carried: 5 Yeas; Block A-K. ORDINANCE #9455 Pro Tem Patterson, seconded pass on second and final as recommended by Staff. 0 Nays. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2437-D; A ZONING CHANGE FROM R-1, R-2 AND A-1 TO A-2 ZONING LIMITED TO CHURCH USES 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. 91-50B--459-406 (11.) Motion was made by Mayor by Councilwoman Trejo to reading Ordinance #9455 Motion carried: 5 Yeas; ORDINANCE #9456 Pro Tem Patterson, seconded pass on second and final as recommended by Staff. 0 Nays. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2437-D;; A ZONING CHANGE FROM R-1, R-2 AND A-1 TO A-2 ZONING LIMITED TO CHURCH USES 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. Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Trejo to pass on second and final reading Ordinance #9456 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. July 11, 1991 Page 460 91-508-460-407 (12.) ORDINANCE #9457--Amending Zoning Ordinance to include personal care facility. ORQLNANCE #9457 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, ENTITLED "ZONING", BY ADDING DEFINITIONS OF PERSONAL CARE FACILITIES AND PERSONAL CARE SERVICES TO SECTION 29-3, 8Y AMENDING SECTIONS 29-10(c)(5), 29-10(1)(1)(h), 29-13(c)(3), 29-13(1)(1)(d), 29-16(c)(4), and 29-16(1)(1)(d), TO ADD "PERSONAL CARE FACILITIES"; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Trejo to pass on second and final reading Ordinance #9457 as recommended by Staff. Motion carried: 6 Yeas; D Nays. 91-50B-460-4O8 (13.) ORDINANCE #9451--Rescinding Ordinance #9444 calling the August 10, 1991 Special Election. ORDINANCE #9451 AN ORDNANCE REPEALING ORDINANCE NO. 9444 CALLING A SPECIAL CITY ELECTION FOR AUGUST 10, 1991, AND PROVIDING FOR PUBLICATION. 91-50B-460-409 (14.) Motion was made by Mayor by Councilwoman Trejo to reading Ordinance #9451 Motion carried: 6 Yeas; ORDINANCE #9452 Pro Tem Patterson, seconded pass on second and final as recommended by Staff. O Nays. AN ORDINANCE WHEREBY THE CITY OF LUBBOCK, TEXAS, AND SOUTHWESTERN BELL TELEPHONE COMPANY AGREE THAT, FOR THE PURPOSE OF OPERATING ITS TELECOMMUNICATIONS BUSINESS, THE TELEPHONE COMPANY SHALL MAINTAIN AND CONSTRUCT ITS POLES, WIRES, ANCHORS, FIBER, CABLES, MANHOLES, CONDUITS AND OTHER PHYSICAL PLANT AND APPURTENANCES IN, ALONG, ACROSS, ON, OVER, THROUGH, ABOVE AND UNDER ALL PUBLIC STREETS, AVENUES, HIGHWAYS, ALLEYS, SIDEWALKS, BRIDGES OR PUBLIC WAYS IN SAID CITY; PRESCRIBING THE ANNUAL COMPENSATION DUE THE CITY UNDER THIS ORDINANCE; PRESCRIBING THE CONDITIONS GOVERNING THE USE OF PUBLIC RIGHTS -OF -WAY AND THE PERFORMANCE OF CERTAIN CONSTRUCTION WORK ON PUBLIC RIGHTS -OF -WAY FOR THE TELEPHONE COMPANY'S TELECOMMUNICATIONS BUSINESS; PROVIDING AN INDEMNITY CLAUSE; SPECIFYING GOVERNING LAWS; PROVIDING FOR A RELEASE OF ALL CLAIMS UNDER PRIOR ORDINANCES; PROVIDING FOR FUTURE CONTINGENCIES; PROVIDING FOR PUBLIC NOTICE OF THIS ORDINANCE; PROVIDING FOR WRITTEN ACCEPTANCE OF THIS ORDINANCE BY THE TELEPHONE COMPANY; AND PROVIDING FOR A TERM AND AN EFFECTIVE DATE. Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Trejo to pass on second and final reading Ordinance #9452 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. July 11, 1991 Page 451 91-50B-451-410 (15.) ORDINANCE #9453 AN ORDINANCE AMENDING SECTION 2-155 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO APPEALS TO THE PERMIT AND LICE14SE APPEAL BOARD; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Trejo to pass on second and final reading Ordinance #9453 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. 91-513B-451-411 (19.) Consider Resolution #3552 authorizing the Right -Of - RESOLUTION #3552 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, safety and welfare demand and create a public necessity for the acquisition of additional land for public purposes and municipal purposes, to -wit: for the widening of Avenue H, 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 lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to 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 a 1/2" iron rod, set in the North line of 2nd Place for the Southwest and beginning corner of this tract, whence a 3/8" iron rod, found at the Southwest corner of Lot 3, Alicia Addition to the City of Lubbock, Lubbock County, Texas, bears North 87"43'14" West, a distance of 97.75 feet; THENCE N. 02*15145" E. a distance of 100.00 feet to a 3/8" iron rod, found for the Northwest corner of this tract; THENCE S. 87043'14" E. a distance iron rod, set in the West line of Northeast corner of this tract; THENCE S. 02°15'45" W., along the distance of 100.00 feet to a 1/2" Southeast corner of this tract; of 35.25 feet to a 1/2" Avenue H, for the West line of Avenue H, a iron rod, set for the THENCE N. 87"43'14" West, along the North line of 2nd Place, a distance of 35.25 feet to the POINT OF BEGINNING. CONTAINING: 3525.00 square feet (0.08 acres) July 11, 1991 Page 462 SECTION 2. THAT the owners of said tract, being JOE F. OWENS and his wife, BETTIE J. OWENS, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $49,100.00, which is the amount appraised as the value and total damages for the acquisition of 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 the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this llth day of July, 1991. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: s Rariette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is/ Ed Buc Ed Bucy, Right -of -Way Department APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney This tract of land is being acquired for the widening of Avenue H northward from Third Street to the new I-27 right-of-way to the north of Second Place. The Highway Department widened Avenue H from Third Street to Fourth Street with the construction of the Texas Avenue underpass some years ago. Plans to widen Avenue H began in 1969 and acquisition started in 1970; this is the final tract to be acquired. The owners are Joe and Bettie Owens. This property has been used as a car and truck repair facility since the early 1970's. Area to be acquired is a strip of frontage along Avenue H which is 100' north -to -south and 35.25' east -to -west for a total taking size of 3,525 square feet. Because of its complex nature, this taking was appraised by Ralph Mabry, M.A.I., and reviewed by Tommy Cantrell, M.A.I. The part taken was appraised at $1.75 per square foot. ($1.75 X 3,525 sq. ft.) for a total of $6,204, and the payment for asphalt paving was $2,820 for a total due of $9,024. Damage due the landowner was the biggest concern as this taking removes more than half of the existing setback and front parking area from this business. Mr. Owens works on all sizes and lengths of vehicles at this business, and his clients include electrical and motor work on tractor -trailer rigs which must remain connected. When this taking is completed, the setback from the business will be 22' to the new right-of-way line at the business office and 34' from the garage door to the new right-of-way line for Avenue H. Previously, the setback was fig' which will legally accommodate a a 65' tractor -trailer rig. July 11, 1991 Page 463 91-50B--463-412 (20.) Long motor homes will be traffic hazards as they will overhang the new right-of-way. Since the business will n❑ longer be able to effectively service large trucks, the highest and best use ❑f the property will have changed. Market sales in this area indicate from 75t to $1 per square foot difference in vehicle repair type facilities which have a large setback for trucks and those which have a small setback for car repair. To compensate for this, payment is made to the owners for a large truck service bay to be added at the northwest corner of the existing building (22' by 341), and enlarging the existing parking area to the north to facilitate entry by trucks to this new service bay, and also t❑ handle the parking ❑f cars. (Mr. Owens owns Lots 1 and 2, Alicia Addition, plus an unplatted lot to the north of these two.) The damages are calculated as follows: 1. Construction of additional bay in back to service large trucks $21,692 2. Cost t❑ move existing fences and gate to increase size of parking area 3,168 3. Payment for loss of parking spaces due to moving gate 1,115 4. Payment for paving of new parking area for truck and car use 11,132 5. Payment for installation of minimum landscaping to conform t❑ code on new parking lot area 3,002 Total 40,109 Plus Value of Part Taken 9,024 Total Compensation Due Owner $49,133 Staff recommended an offer to Mr. and Mrs. Owens of $49,100, based ❑n the appraisal and review appraisal. Motion was made by Councilwoman Baker, seconded by Councilman Maloy to authorize Resolution #3652 as recommended by Staff. Motion carried: 6 Yeas; O Nays. ORDINANCE #9459 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF AN ALLEY LOCATED IN SECTION 15, BLOCK A, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO (HARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. July 11, 1991 Page 464 This alley is located in an unplatted area south of North Loop 289 and west of North Avenue J. It was dedicated by A.L. King across an unplatted tract of land to service future businesses along North Avenue J. Mr. King recently sold this large tract of land to O'Hair Shutters, proponent of the closure. Area being closed is 20,420 square feet and a new alley. A street dedication for North Avenue N will more than offset this alley area being closed. The $150 application fee has been paid. Staff recommended approval. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Malay to pass on first reading Ordinance 49459 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 91-50B-464-413 (21.) Consider -Ordinance #9460 abandoning and closing a portion of Huron Avenue in Section 29, Block A-K (8101 Huron). ORDINANCE #9460 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF HURON AVENUE LOCATED IN SECTION 29, BLOCK A-K, 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. 91-50B-464-414 (22.) This Ordinance closes a 2,156.22' (.0495 acre) portion of Huron Avenue in the Pheasant Run Addition. Originally, Huron was dedicated with a street stub for future dedication southward to 82nd Street and westward to Iola Avenue when Tracts A, B, and D were platted. However, in this new plat, Huron does not go through to 82nd Street and this street stub area is no longer needed. The proponent of this closure is the Cornerstone Bible Church which is also dedicating a portion of Iola Avenue and a portion of 82nd Street which more than offset the area being closed. The $150 application fee has been paid and all utilities are in agreement. Staff recommended approval. Motion was made by Councilwoman Trejo, seconded by Mayor Pro Tem Patterson to pass on first reading Ordinance 49460 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. ORDINANCE 49461 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 20TH STREET IN 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. July 11, 1991 Page 465 This Ordinance abandons and closes two small tracts of land which will close 20th Street, approximately 900' west of Toledo Avenue in the Cain Terrace Addition and Four Acres Addition. Twentieth street dead ends at the Dunn Estate property and at one time was planned to continue on westward to 19th Street. The Dunn Estate is now platting the property west of the planned area of closure and due to P&2 platting requirements, the main entrance into this new development will be from 19th Street; access will not be allowed from 20th Street. Area being closed in Tract 1 is 78.12 square feet and in Tract 2, 159.92 square feet, for a total closure of 238.04 square feet. The Appraisal District has valued the abutting property at 70� per square foot: 70� X 238.04 sq. ft. _ $167 due the City. Tract 1 is owned by J.R. Blumrosen; Tract 2 is owned by .lames Burkeholder; Michael Seger, who lives east of Mr. Blumrosen, is the proponent of this closure. All utilities are resolved and the $150 application fee has been paid. Staff recommended approval. Motion was made by Councilman Maloy, seconded by Mayor Pro Tem Patterson to pass on first reading Ordinance #9461 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 91-50B-465-415 (23.) Consider Ordinance #9462 abandoning and closing a portion of right-of-way adjacent to Chicago Avenue located in Section 28, Block E-2 (6302 Chicago Avenue ORDINANCE #9462 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF PUBLIC RIGHT-OF- WAY ADJACENT TO CHICAGO AVENUE IN 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 PROVIOING FOR PUBLICATION. This Ordinance closes a previously dedicated 936.6 square feet portion of a street stub for 63rd Street located along the west side of Chicago. This street stub was dedicated along with a portion of Chicago Avenue when Tract A, Farrar Park Addition, was platted and is now being closed. Proponent of this closure is Henry Huneke for H.A. Sessions, the original dedicator of this street. The $150 application fee has been paid and all utilities are in agreement. Staff recommended approval. Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Patterson to pass on first reading Ordinance #9462 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. July 11, 1991 Page 466 91-50B-466-416 (24.) ORDINANCE #9463 AN ORDINANCE ABANDONING AND CLOSING AN ALLEY LOCATED IN SECTION 28, BLOCK E-2, 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 OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 91-50B-466-417 (25.) This Ordinance abandons and closes a 20' north -south alley located along the west side of Lot 1, Farrar Park Addition. Area being closed is 20' by 275' for a total closure area of 5,500 square feet. Proponent of this closure is Hugo Reed for Henry Huneke who was the original dedicator of this alley. This alley closure will revert to an Underground Utility Easement on Lot 1, and the property to the west is being replatted. No problems were anticipated with this closure. Staff recommended approval. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Maloy to pass on first reading Ordinance #9463 as recommended by Staff. Motion carried: 6 Yeas; 0 Hays. RESOLUTION_#3653 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 fee simple title and easement title to additional land for municipal public uses and purposes, to -wit: for fee simple title to land for any lawful purpose in connection with the extension of the water works system of the City of Lubbock, and 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 wiith flood, slack or backwater created by construction, maintenance and operation by City of its proposed Lake Alan Henry Reservoir, also known as the Justiceburg Dam and the Reservoir and for the storage of water created by the construction of the Dam; (b) the right to enter upon said land, with due notice and without loitering, to clear, destroy or dispose of any timber, brush, obstruction, accumulation, trash, filth or any other thing which would in any way interfere with the construction, maintenance and operation of such dam and reservoir or tend to render the same unsafe or unsanitary and to prevent the drainage or dumping of refuse, sewage or other material into such reservoir and to carry out an adequate program of pollution control; and (c) the right to prevent the construction of, or the removal, with due notice, of any structure or facility located or to be located on said land, in connection with the extension of the water works system of the City of Lubbock:, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of land as needed for such purposes as aforesaid; NOW THEREFORE: July 11, 1991 Page 457 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described tracts of land being located in Garza County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: (1) Tract I described in Exhibit "A" designated as "Reservoir Area A" in legal description thereof attached hereto and made a part hereof consisting of three pages. (2) Tract II described in Exhibit "B" designated as "Unusable Land" in legal description thereof attached hereto and made a part hereof consisting of one page. ;SECTION 2. THAT easement title for flood and restrictive easements to the tracts of land hereinafter described being located in Garza County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: (1) Tract III described in Exhibit "C" designated as "Flood and Restrictive Easement A" in legal description hereto attached and made a part hereof consisting of six pages. (2) Tract IV described in Exhibit "D" designated as "Flood and Restrictive Easement C" in legal description hereto attached and made a part hereof consisting of one page. �(3) Tract V described in Exhibit "E" designated as "Flood and Restrictive Easement FR2" in legal description hereto attached hereto and made a part hereof consisting of three pages. (4) Tract VI described in Exhibit "F" designated as "Flood and Restrictive Easement FR3" in legal description attached hereto and made a part hereof consisting of three pages. (5) Tract VII described in Exhibit "G" designated as "Flood and Restrictive Easement FR4" in legal description attached hereto and made a part hereof consisting of three pages. July 11, 1991 Page 468 SECTION 3. THAT the owners of said tract, being Appleton Doyle Jusice, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $18,256.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described, and the amount of $28,770.00 for the easement title to the real estate hereinabove described for the value and damages therefor, being a total offer to said owner of $47,026.00 for such fee simple and 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 and said City of Lubbock is riereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title and easement title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 11th day of July, 1991. s B. C. McMinn B. C. McMINN, MAYOR ATTEST:; s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is/ Ed Bucv Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: Is/ J. 'Worth Fullingim J. Worth Fullingim, Assistant City Attorney Exhibits A, B, C, D, E, F and G are filed with Resolution No. 3653. These two Fee Simple and five Flood and Restrictive Easement areas are located in Sections 3 and 13 approximately three miles southeast of Justiceburg, Texas. The fee simple tracts of land are 22.20 acres (reservoir) and .62 acres (unusable land) for a total of 22.82 acres. The Flood and Restrictive Easement tracts of land are 103.26 acres, .99 acre, 4.62 acres, 74.57 acres, and 104.30 acres. Acquisition cost for the fee simple parcels is $18,256 at $800 per acre; and cost for the five easements is $28,770 at $100 per acre. After this acquisition, there remains 194.18 acres of fee simple land and 984.19 acres of easement land to acquire for Lake Alan Henry. The last issue Staff has to deal with in the final acquisition of the remaining acreage is a title problem which involves approximately 137.177 acres of the remaining fee simple and 119.79 acres of the easement land. In 1925, Jeff D. Justice and wife, Mattie Justice, were divorced and the property divided; however, Mr. Justice retained ownership of the river beds of Big Sand Creek and the Brazos River in Sections 11, 12, 13, 19 and 20. This was retained through a metes and bounds description in the Deed Records. July 11, 1991 Page 469 91-50B-469-418 (26.) Eight parties of heirs share ownership of these sand gravel rights. Most parties can be found, but title work will be required to clear defects, probates, and heirship questions. Doyle Justice, one of the owners, and Stan Weaver, the Title Examining Attorney for the Justiceburg Project, have agreed to assist Staff. Motion was made by Councilwoman Baker, seconded by Councilman Maloy to authorize Resolution #3653 as recommended by Staff. Motion carried: 6 Yeas; O Nays. Consider_ Resolution_#3654__ authorizing the -Right -Of- RESOLUTION #3654 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 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 6, Block A, Lubbock, Lubbock County, Texas; THENCE S. 89°38'43" W. a distance of 10.00 feet to a point; THENCE North a distance of 2642.00 feet to a point; THENCE N. 89°38'43" E. a distance of 10.00 feet to a point; THENCE South a distance of 2642.00 feet to the POINT OF BEGINNING. July 11, 1991 Page 470 SECTION 2. THAT the owners of said tract, being VANETTA NEWTON MILLER and JANETTA FRANCIS BARKLEY, as coexecutrixes of the estate of Hugh Newton, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $1,700.00, 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 11th day of July, 1991. Is/ 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 This Sewer Line Easement is needed for the Lubbock County Correction Center to be constructed north of Municipal Drive and east of Guava Avenue. This line will run north -south along the east 10' of the Newton Estate property for one-half mile, and 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 (.61 acre), and the area needed for the Working Easement is 15' by 2,642', or 39,630 square feet (.91 acre). The owners have agreed to $1,700 for this Easement (Staff's offer to them) and of this amount, $610 is for the Permanent Easement and $1,090 is for land and crop damages in the Working and Permanent Easement area over a three-year period. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Maloy to authorize Resolution #3654 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. July 11, 1991 Page 471 91-50B-411-419 (21.) Consider Resolution #3655 authorizing the Mayor to RESOLUTION #3655 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, subject to Federal Aviation Administration approval, a contract with E G and G Aviation Security Services for professional engineering services for the design, preparation of specifications and supervision of security improvements at Lubbock International Airport, attached herewith, which small 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 11th day of July, 1991. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS, TO CONTENT: s Bern E. Case Bern E. Case, Director of Aviation APPROVED AS TO FORM: s Harold Willard Harold Willard, Assistant City Attorney Contract with EG&G Aviation Security Services is filed with Resolution No. 3655. At the June 21, 1991 Work Session, Council authorized Staff to negotiate a Contract with EG&G Aviation Security Services for engineering services for the design, specification, and supervision of security system improvements at the Airport. This is a one year Contract, and EG&G will have the required system operational by June 1, 1992. The scope of the Contract includes design, engineering, and monitoring of the system during early operation to assure that it will meet the FAA requirements for security access of all aviation personnel. The proposed dollar amount of this Contract is $357,000. Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Baker to authorize Resolution #3555 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. July 11, 1991 Page 472 91-50B-472-420 (28.) RESOLUTION #3555 RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 77 THROUGH :94, PRESTON HILLS ADDITION. WHEREAS, the developer of Lots 77 through 94, Preston Hills Addition has complied with the provision of the City of Lubbock Code, Chapter 28, Article IV, by providing the water and sewer improvements for said addition in accordance with paragraph 155 of said Chapter 28, and WHEREAS, the total utility cost to the developer is $21,299.29 with the improvements constructed by Utility Contractors of America having a value of $14,960.93 as determined by the unit prices established by said Chapter 28, a transfer of $5,345.36 for adjacent line costs and $993.00 cash paid to the City, with Lubbock Land Co., the developer to receive a refund of $5,935.94 in accordance with Chapter 28 of the Code of the City of Lubbock and a refund of deposit in the amount of $00.00; and i4NEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cast in the amount of $5,935.94 he made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $00.00. _SECTION 4. THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 11th day of July, 1991. Isl- B. C._McMinn_ B. C. McMINN, MAYOR ATTEST: s Raniette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Wilford D. Watson Wilford D. Watson, Chief Water Utilities Engineer APPROVED AS TO FORM: s J. Worth Fullingim Assistant City Attorney July 11, 1991 Page 473 This is a routine acceptance of water and sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $21,299.29, including $14,960.93 for construction costs, a transfer of $5,345.36 for adjacent line costs, and $993 cash paid to the City. The developer Lubbock Land Co. will receive a refund of $5,935.94. There is no refund of deposit. Staff recommended acceptance of these improvements. Motion was made by Councilman Maloy, seconded by Councilwoman Baker to authorize Resolution #3656 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 91-50B-473-d21 (29.) Consider Resolution #3657 authorizing the Mayor to execute an Agreement with HDR Engineering, Inc. for engineering _services associated with the construction phase of the Water Treatment Plant. RESOLUTION #3657 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 Amendment to the December 6, 1990, Agreement for Engineering Services for renovation of the City of Lubbock Water Treatment Plant by and between the City of Lubbock and HDR Engineering, Inc., which Amendment is 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 11th day of July, 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, P.E. Director of Water Utilities APPROVED AS TO FORM: /s/_Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney July 11, 1991 Page 474 AMENDMENT WHEREAS, the City of Lubbock, Texas, and HDR Engineering, Inc., have heretofore entered into an Agreement for Engineering Services upon December 6, 1990; and WHEREAS, the parties to said Agreement now desire to amend said Agreement to include additional services and compensation as provided by Attachments A-1, B-1 and C-1 attached hereto; NOW THEREFORE: WITNESSETH: 'THAT the parties hereto agree that the Agreement for Engineering Services executed by and between the City of Lubbock and HDR Engineering, Inc., upon December 6, 1990, shall be amended to include this Amendment and the Attachments hereto; and THAT all references in the original Agreement for Engineering Services to "Attachment A" and "Attachment B" shall be read as including "Attachment A and A-1", "Attachment B and B-1" and "Attachment C and C- 1 . 11 IN WITNESS WHEREOF, the parties have executed this Amendment upon this 11th day of July, 1991. CITY OF LUBBOCK: s B. C. McMinn B. C. McMinn, Mayor ATTEST: /s/ Rariette Boyd Ranette Boyd, City Secretary APPROV17-D AS TO CONTENT: s Dari A. Hawkins Dan A. Hawkins, P.E. Director of Water Utilities APPROVED AS TO FORM: s Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney HDR ENGINEERING, INC.: /s/ William Hindman William B. Hagood, P.E. Senior Vice President ATTEST: /s/ Henry Ben_ies, Jr. Secretary Attachment A-1, Attachment B-1, and Attachment C-1 are filed with Resolution No. 3657. July 11, 1991 Page 475 The long-range improvements to the City of Lubbock's water treatment plant facilities are presently being designed by HDR Engineering, Inc. For construction and fund scheduling purposes, the total project has been broken down into five subcontracts as follows: Contract 1: Improvements required by Safe Drinking Water Act (SDWA) Amendments Contract 2: Improvements to ammonia and chlorine feed systems Contract 3: General facility improvements Contract 4: Construction of a new 6,000,000 gallon clearwell Contract 5: Additions to existing administration and laboratory building As required by the 1986 Amendments to the SDWA, construction will begin on Contract 91 in the Fall of 1991 and will be completed by the July 1, 1993 compliance deadline; the remaining two contracts will begin construction in the Spring of 1992. The City's existing Contract with HDR Engineers provides engineering services through the bid phases of the total project, and this agreement is necessary to secure engineering services for the construction phase of the total project. Construction phase services will include project administration, resident project representatives, and start-up services including operation and maintenance initiation. Compensation for these construction phase services has been negotiated with the engineer and is proposed as follows: For project management meetings, coordination and basic services for the administration of the construction of improvements for the Lubbock Water Treatment Plant, at an hourly billing fee for Engineers' personnel services has been established. The maximum for Engineers' personnel services shall not exceed $406,348.44 without written authorization. Subcontract personnel services subcontractor's non -labor costs expenses billed at cost and are $450,440. This amendment will services through the completion project. Staff recommended approval. and Engineers' and will be reimbursable estimated to be cover engineering of the total Motion was made by Councilman Maloy, seconded by Mayor Pro Tem Patterson to authorize Resolution 93657 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. July 11, 1991 Page 476 91-50B-476-422 (30.) Consider Ordinance #9464 adoRting a City of Lubbock Water Conservation and Drought Contingency Plan. ORDINANCE #9464 AN ORDINANCE ADOPTING A CITY OF LUBBOCK WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN; AUTHORIZING THE DIRECTOR OF WATER UTILITIES TO ADMINISTER THE PLAN; PROVIDING A PENALTY OF NOT LESS THAN $10.00 PER DAY NOR MORE THAN $200.00 PER DAY FOR EACH DAY OF NON-COMPLIANCE WITH THE PROVISIONS THEREOF; DECLARING A PUBLIC NEED OF AN EMERGENCY NATURE FOR THE ADOPTION HEREOF ON ONE READING; PROVIDING FOR PUBLICATION AND ORDAINING OTHER MATTERS RELATED TO THE FOREGOING. The City of Lubbock will construct advanced wastewater treatment facilities utilizing low - interest loan funds through the Texas Water Development Board's State Revolving Fund Program. Development of a Water Conservation and Drought Contingency Plan is a program requirement mandated by use of these state funds and is a legal Statement of Intent by the City to use water wisely, to plan for the future, and to be prepared in case of an emergency condition. Each aspect of the Plan has been part of the goals and objectives of the City of Lubbock, and passage of the Plan will have little negative impact on City operations or its water customers. The educational programs, which will be focused on the public schools, will provide a significant long-term public benefit. During periods of drought some water users will be impacted and the objective of the Plan is to lessen this impact by evaluating conditions, determining if an emergency exists, and declaring one of three response levels: Mild, moderate, or severe. Under the Plan, a mild condition will be declared if water demand approaches the system's maximum safe operational capacity, and if there is a possibility that the supply could be threatened if the drought continued. If a mild condition is declared, the public will be informed, and a voluntary reduction of normal water use will be requested, including watering of lawns only between 6:00 p.m. and 10:00 a.m. Moderate conditions will be declared when water supply levels are still adequate, but are declining at such a rate that immediate conservation measures are necessary, or if imminent or actual failure of a major component of the public water system threatens health, safety, or economic activity. If a moderate condition is declared, the public will be informed, and lawn watering will be restricted, under penalty of violation, between 6:00 p.m. and 10:00 a.m., with even numbered addresses watering on even days, and odd numbered addresses watering on odd days. Also, washing cars, operating ornamental fountains (except recirculating type), and wasting of water (such as washdown of driveways, sidewalks, parking areas, and streets) would be prohibited. July 11, 1991 Page 477 Severe conditions will be declared if imminent or actual failure of a major component of the public water system could cause an immediate health or safety hazard, adequate fire protection is threatened, and/or water demand exceeds the system's maximum safe supply on a regular basis. The public will be kept informed and advised as conditions are reclassified or terminated. The Plan will be implemented following authorization, by Ordinance of the City Council. The Director of Water Utilities will be authorized to enact the Plan, including declaring emergency conditions, if necessary and will consult with the Police Department in the event of moderate or severe conditions. Penalty clauses in the Ordinance will be enforced and fines assessed. The overall goal of this Plan is reduction of the current rate of water consumption by 5% or 9.5 gallons per capita per day. The short-term loss of revenue should be balanced by long-term availability of water to support population growth and new industry. Motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Patterson to pass on first reading Ordinance #9464 as recommended by Staff. Motion carried: 6 Yeas; D Nays. 91-51)B-477-423 (31.) Consider Resolution #3658 authorizing the Mayor to sign a_Contract and related documents with the Texas Department of Community -Affairs for weatherization assistance program. July 11, 1991 Page 478 RESOLUTION #3558 WHEREAS, the City ❑f Lubbock has been ❑ffered a contract from the Texas Department ❑f Community Affairs to administer a program to weatherize the home ❑f low income families in Lubbock County; and WHEREAS, the City Council of the City ❑f Lubbock believes it to be in the best interest of the health, safety and welfare of the citizens of the County of Lubbock t❑ make it possible for low income families to conserve energy and to reduce energy costs; NOW THEREFORE: 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 a contract and related documents with the Texas Department of Community Affairs in the anticipated amount of $87,307 for the period of April 1, 1991 through March 31, 1992. A copy of said contract is attached hereto t❑ be spread upon the minutes of the Council and shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this llth day of July, 1991. / Z B. C. McMinn B. C. McMINN, MAYOR ATTEST:: s Ranette Boyd Ranette Boyd, City Secretary APPROVE=D AS TO CONTENT: /s/ Sylvia A. Martinez Sylvia A. Martinez, Community Services Supervisor APPROVED AS TO FORM: s Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Texas Department of Community Affairs Contract No. 552048 for Weatherization Assistance is filed with Resolution No. 3558. This Resolution authorizes the Mayor to sign a Contract with the Texas Department of Community Affairs for the annual Weatherization Assistance Program administered by the Community Services Department and targeted at primarily elderly and handicapped, low income individuals. Under this program, contractors will install insulation, weather stripping, storm windows and caulking to make homes more energy efficient. During the last Contract, 60 homes were provided with "basic" services and an additional 53 were provided with "enhanced" services involving additional roof work, etc. Staff anticipates the same level of assistance as last year for the Contract amount of $87,307. Staff recommended approval. Motion was made by Councilwoman Baker, seconded by Councilman Phillips to authorize Resolution #3658 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. July 11, 1991 Page 479 91-50B-479-424 (32.) RESOLUTION #3659 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 the Junior League of Lubbock, Inc., for the construction and operation of Safety City, attached hierewith, 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 llth day of July, 1991. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: s Ranette Boyd Ranett:e Boyd, City Secretary APPROVED AS TO CONTENT: s Lee Osborn Lee Osborn, Director of Parks and Recreation APPROVED AS TO FORM: /s/ Harold Willard Harold ;Millard, Assistant City Attorney July 11, 1991 Page 480 THE STATE OF TEXAS § COLLABORATIVE CONTRACT COUNTY OF LUBBOCK § This Agreement and Contract is made and entered into by and between THE JUNIOR LEAGUE OF LUBBOCK, INC., a Texas Non -Profit Corporation, hereinafter referred to as "THE LEAGUE", and THE CITY OF LUBBOCK, TEXAS, a home rule municipality, hereinafter referred to as "THE RECIPIENT", each of whom is herein acting by and through its duly authorized officers and officials, with terms and conditions as follows: 14HEREAS, it has been estimated that approximately 8,000 youths nationwide are seriously injured or killed in accidents each year, often during routine activities such as walking across streets or bicycling to and from schools, public parks and playgrounds; and WHEREAS, many of these recurring tragedies might be preventable if children were better educated to recognize potentially dangerous situations and to be more vigilant at such times; and WHEREAS, concerned citizens of some communities in Texas and other states have responded to this need for accident prevention education in their locales by establishing child -sized "mini cities" complete with buildings, paved streets and sidewalks, traffic signals and even battery -powered "mini -cars," all of which provide an ideal environment for teaching youngsters important safety habits through upbeat and informal classroom instruction and fun -filled practical experiences; and WHEREAS, both the RECIPIENT and THE LEAGUE deem it to be in the best interest of the citizens of the City of Lubbock to establish and operate a comparable facility and program known as "Safety City" to educate: local school children in pedestrian, bicycle and automobile safety„ subject to the provisions of this contract; and WHEREAS, THE LEAGUE proposes to provide volunteer and financial assistance for the endeavor in the amounts and upon the terms and conditions hereinafter set forth; Now, THEREFORE, the parties hereby mutually agree that such volunteer and financial assistance shall be provided and accepted upon the following terms and conditions, to -wit: July 11, 1991 Page 481 WITNE55ETH: 1. Contribution. THE LEAGUE, subject to the contingencies contained herein, shall contribute a total sum of not more than $60,000.00 to THE RECIPIENT to fund the start-up costs associated with Safety City. This sum will be paid to the City of Lubbock for deposit into a specific account set up for the sole purpose of receiving funds and paying expenses attributable solely to the construction, operation and maintenance of Safety City. This sum represents a portion of the estimated start-up costs of Safety City, being a portion of the costs of construction of Safety City and materials and equipment in connection with the operation, maintenance and educational aspects of Safety City. The payment of such sum, however, is contingent upon and subject to the remaining conditions contained in this agreement. Neither THE LEAGUE nor THE RECIPIENT shall have any responsibility or obligation for the remaining costs of construction of Safety City. The City shall in no way be obligated for any of such construction costs and THE LEAGUE shall only be obligated to pay the amount indicated herein, regardless of the actual amount of the start-up costs or construction costs of Safety City and regardless of whether or not Safety City is actually constructed or not. Both THE LEAGUE and THE RECIPIENT herein agree to use their respective best efforts to raise sufficient funds through donations and contributions in kind to pay for the construction and maintenance costs of Safety City that exceed THE LEAGUE's contribution, but neither party shall have any obligations other than as set forth herein. For purposes of this; contract, both THE LEAGUE and THE RECIPIENT shall be deemed to have used their "best efforts" by allowing either their members or their employees to serve on a steering committee which solicits donations and contributions in kind for the construction and maintenance of Safety City. The funds to be paid by THE LEAGUE shall be paid to THE RECIPIENT upon presentation of an invoice or statement by THE RECIPIENT requesting a distribution of funds. After the first such payment, subsequent requests shall include an accounting by THE RECIPIENT of the expenditure of the previously requested funds and an estimate, if possible, of the projected expenditure of the newly requested funds. The parties contemplate that such requests for funds will probably be made in three (3) equal installments between the period of June 1, 1991, through May 31, 1992. If all such funds are not requested during that time, THE LEAGUE shall have no obligation to pay any portion of the $60,000 contribution after May 31, 1992, even if all such funds were not requested prior to that time. If for any reason any portion of the $60,000 contribution paid by THE LEAGUE to THE RECIPIENT is not used or needed for start-up construction or initial maintenance of Safety City, such unused or excess funds will be repaid to THE LEAGUE. 2. Conditions for Contribution. It is specifically agreed and understood by and between the parties that THE LEAGUE has agreed to make such contribution of funds and provide volunteer personnel, as herein contemplated, strictly upon the following terms and conditions: A. That during the entire three (3) year period, beginning June 1, 1991, and ending May 31, 1994, both THE LEAGUE and THE RECIPIENT use their best efforts (as defined above) to raise sufficient funds or materials from sources other than THE RECIPIENT's General Fund to pay all bills incurred by them iincluding, but not limited to, payment of any excess expense not covered by THE LEAGUE's monetary contribution, in order to construct, operate and maintain Safety City. Neither party shall be obligated for these complementary funds or materials other than as set forth herein. B. That books of record be maintained by THE RECIPIENT under generally acceptable accounting procedures (GAAP), and THE LEAGUE shall have the right to inspect the same at any and all reasonable times, within normal business hours, during the term of this agreement. July 11, 1991 Page 482 C. That any use of either party's name for publicity in connection with Safety City must be approved in advance by that party's responsible official, who shall be the President for THE LEAGUE and the Director of Parks and Recreation for THE RECIPIENT. But it is understood that either party may make known its own contributions to the project in whatever public manner it deems appropriate. D. That the activity or activities of THE RECIPIENT and THE LEAGUE and their employees and members, in connection with and 'limited to the construction, operation and maintenance of Safety City, be performed and conducted in a professional and business- like manner and shall be in keeping with Federal and State laws and regulations and any ordinances of the City of Lubbock, and/or any other governmental entities which may have jurisdiction over THE RECIPIENT's construction, operation and maintenance of Safety City. E. That the Community Vice President of THE LEAGUE will be permitted to serve as the liaison between THE LEAGUE and THE RECIPIENT. IF. That the Project Appraisal Committee of THE LEAGUE be permitted to appraise the Safety City project according to fiscal accountability, volunteer accountability and program accountability. If, in the opinion of the Appraisal Committee, the project does not comply with any of these methods of accountability, THE LEAGUE may terminate this contract and discontinue any further contributions and volunteer personnel called for herein upon thirty (30) days written notice to THE RECIPIENT and an opportunity to correct the defect. In the event 'that this agreement should terminate before completion, THE RECIPIENT agrees to return all unexpended funds contributed by THE LEAGUE to THE LEAGUE. G. That at least one (1) member of THE LEAGUE and at least one (1) representative of THE RECIPIENT shall be members of the :steering committee referred to in numbered paragraph 1 of this contract. 3. Volunteer Personnel. For the time period beginning dune 1, 1991, through May 31, 1992, at least two (2) members of THE LEAGUE shall serve as volunteer personnel at Safety City. Upon a favorable annual appraisal review of the status of Safety City by THE LEAGUE, THE LEAGUE may provide at least two (2) volunteer personnel for each of the one (1) year periods beginning dune 1, 1992, through May 31, 1993, and dune 1, 1993, through May 31, 1994. This obligation for volunteer personnel in subsequent years is subject to the favorable annual review described above and the request by at least two (2) members of THE LEAGUE to serve as volunteer personnel at Safety City during these subsequent periods. 4. Sponsors for Staff Positions. THE LEAGUE herein agrees to use its best efforts, as defined herein, (but shall not otherwise be obligated) to procure a sponsor or sponsors to fund one or more staff positions at Safety City on an ongoing basis once construction of the facility has been completed. If the above funding is obtained, then in such event, the City shall employ one or more full-time or part-time individuals to perform the duties necessary for the operation of Safety City. 5. Assignment. This contract shall not be assignable, either in whole or in part, by THE RECIPIENT without the express written consent; of THE LEAGUE. In the event of an assignment of this contract by THE RECIPIENT, THE LEAGUE shall have the option of either terminating or affirming this contract. THE LEAGUE shall give THE RECIPIENT thirty (30) days written notice of the choice made by THE LEAGUE under this provision and if THE LEAGUE decides to terminate this contract, it shall be terminated thirty (30) days after such written notice. July 11, 1991 Page 483 6. Indemnification. Both parties agree to be responsible for the actions of their own members, agents and employees and to hold the other party harmless from any damages, claims or liability of any nature whatsoever stemming from their own activities undertaken pursuant to this agreement. 7. operations and Maintenance of Safety City. THE RECIPIENT shall be solely in control of the operation and maintenance of Safety City and Safety City shall be owned by and belong to THE RECIPIENT. THE LEAGUE shall have no ownership interest in or responsibility for any of Safety City's operations or maintenance. 13. Operations. THE LEAGUE shall have no right to control the details of the construction, operation and maintenance of Safety City. The right to control such details of the operations of Safety City shall at all times remain with THE RECIPIENT. 9. Termination. This agreement shall terminate, at the option of either party hereto, or if any of the conditions set out herein shall not be met, upon thirty (30) days written notice to the other party. Unless this agreement is sooner terminated as authorized herein, this agreement shall terminate on May 31, 1994. .10. No Privity of Endeavor. It is specifically agreed that there shall be no privity of endeavor whatsoever between THE LEAGUE and THE RECIPIENT and that the sole connection between them is the contribution of money and volunteer personnel by THE LEAGUE to THE RECIPIIENT under the restricted conditions herein set forth and that such contribution and volunteer personnel are to be utilized for the sole purposes as, set forth herein, and shall in no way be construed as a continuing basis of financial or volunteer support by THE LEAGUE to THE RECIPIIENT beyond that which is specifically stated in this agreement. .11. Entire Agreement. This instrument constitutes the entire agreement between the parties hereto, and this agreement cannot be altered, changed, or amended in any respect except by an instrument in writing duly executed by both parties. July 11, 1991 Page 484 EXECUTED IN MULTIPLE COUNTERPARTS, each of which is an original, this 11th day of July, 1991. THE JUNIOR LEAGUE OF LUBBOCK, INC. By Is/ Dana_Craiq Dana Craig, President EXECUTED IN MULTIPLE COUNTERPARTS, each of which is an original, this llfth day of July, 1991. THE CITY OF LUBBOCK By js/ 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 Harold Willard Harold Willard, Assistant City Attorney This Agreement with the Junior League of Lubbock covers the construction, operations, staffing, and maintenance of the Safety City and is based on the criteria that no tax -supported funds will be used for staffing. A presentation made to the City Council on November 15, 1990 by City Staff and Junior League representatives concerning the proposed Safety City Project included an overview of the project; the Junior League's interest in funding the project, and their intent to locate a Lifetime Sponsor to fund capital improvements and major maintenance. Key Provisions- Key provisions of the proposed agreement include: 1. The Junior League will donate $60,000 to a special project account for start-up cost, payable in three payments, during the first year of the Safety City Project. 2. The Junior League and the City ❑f Lubbock are to have no responsibility or obligation for the remaining costs of start-up construction or maintenance of the Safety City Project other than a pledge of efforts to procure donations and in -kind contributions sufficient for the construction of the project. July 11, 1991 Page 485 3. The Junior League will commit a minimum of two members for Safety City during the first year contributions are made and upon a favorable annual appraisal review of the Safety City Project, the Junior League may provide at least two volunteers for the second and third years of the Project. The volunteers would be used for training. 4. The City of Lubbock will own and control the operation and maintenance of Safety City. 5. A steering committee composed of Junior League members, citizens and City staff members has pledged to raise donations and contributions from civic organizations to staff Safety City. No tax -supported funds will be used for staffing the Safety City. 5. The Junior League will have no ownership interest in, or responsibility for, any of Safety City's operations or maintenance of Safety City. The Junior League will appear before the L.I.S.D. School Board to formalize a contractual agreement reflecting the support for preparing the curriculum for Safety City, as well as providing the transportation to bring the children to Safety City. (The school administration has also proposed appointing a staff member to oversee the construction of Safety City project.) Granite Construction has committed to the Safety City Steering Committee for the earth grading, concrete and asphalt paving, and some street lighting for this project. No funds have been allocated in the current or proposed 1991-92 Budget for staffing or ongoing maintenance of Safety City. Beginning in the 1992- 93 Fiscal Year Staff will become responsible for maintenance of the grounds and cleaning ❑f the facilities, and the City will pay $3,000 per year for associated utility costs. Staff recommended approval. Motion was made by Councilwoman 8aker, seconded by Councilwoman Trejo to authorize Resolution #3559 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. 91-50B-.485-425 (33.) Consider an ordinance calling a General Obligation Bond Election to be held either October 12 or 19 1991. No action was taken on this item. July 11, 1991 Page 486 91-50B-486-426 (34.) ORDINANCE #9465 AN ORDINANCE AUTHORIZING THE ISSUANCE OF $4,424,975.75 "CITY OF LUBBOCK, TEXAS, ELECTRIC LIGHT AND POWER SYSTEM REVENUE REFUNDING BONDS, SERIES 1991A" AND $4,999,988.80 "CITY OF LUBBOCK, TEXAS, ELECTRIC LIGHT AND POWER SYSTEM REVENUE REFUNDING BDNOS, SERIES 1991B11; PRESCRIBING THE FORMS, TERMS, AND PROVISIONS OF SAID BONDS; PLEDGING THE NET REVENUES OF THE CITY'S ELECTRIC LIGHT AND POWER SYSTEM TO THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BONDS; ENACTING PROVISIONS INCIDENT AND RELATED TO THE ISSUANCE, PAYMENT, SECURITY, SALE AND DELIVERY OF SAID BONDS, INCLUDING THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO, THE APPROVAL OF A PAYING AGENT/REGISTRAR AGREEMENT, THE APPROVAL OF A PURCHASE CONTRACT, THE APPROVAL OF A SPECIAL. ESCROW AGREEMENT, EXERCISING THE CITY'S RIGHT TO OPTIONALLY REDEEM ITS OUTSTANDING SERIES 1983 AND SERIES 1984 ELECTRIC LIGHT AND POWER SYSTEM REVENUE BONDS, AND PROVIDING AN EFFECTIVE DATE. At the June 13, 1991 Work Session, City Council instructed Staff to proceed with an advanced refunding of the callable portion ❑f the 1983 and the 1984 Electric Revenue Bonds. The mechanics ❑f the refunding procedure eliminate the bid process and require that the new issue be negotiated, and the transaction was negotiated and interest rates established prior to the Council meeting. Joe Smith, Financial Advisor with First Southwest Company, announced the purchase by Prudential Securities which was negotiated at a net savings of $907,964.18 or $628,223.93 effective net present value savings, 6.666%. Second reading of the Bond Ordinance will be July 12, 1991 at 8:00 a.m. Motion was made by Councilman Maloy, seconded by Mayor Pro Tem Patterson to pass on first reading Ordinance #9465 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 91-508-486-427 (34A.) Consider re nest from Lubbock Lakesite Foundation Inc. for exhibits. The primary purpose of the Lubbock Lakesite Foundation, Inc. is fundraising and and construction of exhibits which are authentic replicas of the historic animals evidence of which has been found at the Lakesite, i.e., the short -faced bear, the mammoth, the bison, and the giant armadillo. Ultimately, this will include four exhibits, at least two of which would be life-size replicas located outside the Visitor's Center. July 11, 1991 Page 487 The Foundation has requested that the City of Lubbock contribute $100,000 and they will solicit additional funds from the Texas Parks and Wildlife Department and several private companies to raise $500,000 to begin the project. The Foundation will be responsible for the design, selection of the artist and the foundry, and for overseeing the project. (The Foundation hopes to have an artist under contract by October.) Gary Edson and Dr. Eileen Johnson will serve as technical advisors to the project to ensure the authenticity. According to the State Statute, Hotel/Motel Funds can be used for this purpose and as of September 30, 1991, it is estimated that the Hotel/Motel Capital Reserve balance will be $179,000 plus $85,500 should the Rodeo Final Reserve be de -obligated, for a total of $266,426. Staff recommended Council approval of an Agreement with Lubbock Lakesite Foundation, Inc. designation of $100,000 from the Capital Reserve Fund for this purpose. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Maloy to direct Staff to draw up an Agreement between the City of Lubbock and Lubbock Lakesite Foundation, Inc. and additionally, to designate $100,000 from the Capital Reserve Fund. Motion carried: 6 Yeas; 0 Nays. 91�-508--487-428 (35.) BID #11430--Creosote wood poles (Central Warehouse Mid South Wood Preservers, Inc., Logansport, LA--67 ea. 30' creosote treated wood poles, Class 5; 72 ea. 40' creosote treated wood poles, Class 4. Thomasson Lumber Co., Philadelphia, MS--54 ea. 45' creosote treated wood poles, Class 3. Motion was made by Councilman Maloy, seconded by Mayor Pro Tem Patterson to authorize low bids meeting specifications. Motion carried: 6 Yeas; 0 Nays. 91-50B--487-429 (36.) 6ID #11353--Steel transmission poles (Electric Distribution). FL Meyer Industries, Amarillo Motion was made by Councilman Maloy, seconded by Mayor Pro Tem Patterson to authorize low bid meeting specifications. Motion carried: 6 Yeas; 0 Nays. July 11, 1991 Page 488 91-50B-488-430 (37.) BID #11420--En-Chapel Hill Paving —East Baylor, and authorize same (Community Development). RESOLUTION #3660 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY DF 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 Williams & Peters Construction Company for En -Chapel Hill paving - East Baylor, 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 11th day of July, 1991. ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is1 Gene Eads Gene Eads, Purchasing Manager APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney CONTRACT STATE OF TEXAS 1111"ill;ikill.3:11I113 s B. C. McMinn B. C. McMINN, MAYOR "CHIS AGREEMENT, made and entered into this 29th day of July, 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 Williams & Peters Construction Company of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTDR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 11420 En -Chapel Hill Paving East Baylor (Community Development) in the amount of $23,543.75. 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. July 11, 1991 Page 489 The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. ;IN WETNESS WHEREOF, this agreement in Lubbock, first above written. ATTEST: s Rangy! Boyd Secretary APPROVED AS TO CONTENT: s Larry LI. Hertel ATTEST: the parties to these presents have executed Lubbock County, Texas in the year and day CITY OF LUBBOCK, TEXAS (OWNER) Is/ B.TC. McMinn Mayor APPROVED AS TO FORM: /s/ Donald G. Vandiver tsL-Dean_ Williams s Betty L.. Williams CONTRACTOR Secretary By: Dean Williams TITLE: President COMPLETE ADDRESS: Williams & Peters Construction Co., Inc. P.O. Box 5215 Lubbock, Texas 79417 Motion was made by Councilman Maloy, seconded by Mayor Pro Tem Patterson to authorize Resolution #3660 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 91-50B.-489-431 (38.) BID #11414--Annual,pric,ing for asphalt (Streets)_ Elf Asphalt--30,000 gl. asphalt MS-1, 3% Latex; 150,000 gl. asphalt MS-2, 3% Latex; 10,000 gl. asphalt RS-2, 3% Latex; 10,000 gl. asphalt MS-1. Motion was made by Councilman Maloy, seconded by Mayor Pro Tem Patterson to authorize low bid meeting specifications. Motion carried: 6 Yeas; 0 Nays. 91-50B-,489-432 (39.) BID #11376--Hazardous material vehicle (Central Garage). South Plains Intl Trucks, Inc. --Refurbished beverage type roll -up truck, Spec. 650. Motion was made by Councilman Maloy, seconded by Mayor Pro Tem Patterson to authorize low bid meeting specifications. Motion carried: 6 Yeas; 0 Nays. July 11, 1991 Page 490 91-50B-490-433 (40.) BID #11421--Perimeter Fence, and authorize same (Land Application Sites;_ RESOLUTION #3661 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 Contrac:t by and between the City of Lubbock and Texas Builders, Inc. for a security fence at the Land Application Site, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 11th day of July, 1991. ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Gene Eads Gene Eads, Purchasing Manager APPROVED AS TO FORM: s Harold Willard Harold Willard, Assistant City Attorney CONTRACT STATE OF TEXAS :IIlp,trail MR3YiI1 1 Is1 B. C. McMinn B. C. McMINN, MAYOR THIS AIGREEMENT, made and entered into this 29th day of July, 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 All Texas Builders 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 fol 1 ows : BID NO. 11421 Perimeter Fence at Land Application Site Project in the amount of $81,976.99 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. July 11, 1991 Page 491 The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do s❑ shall have been given to him and to substantially complete same within the time specified in the contract documents. The OW141ER 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 APPROVED AS TO CONTENT: s John Hindman ATTEST: /s/ Mitchell Britton Secretary COMPLETE ADDRESS: 91-50B-•491-434 (41.) 91-50B-.491-435 (42.) All Texas Box 3486 Lubbock, CITY OF LUBBOCK, TEXAS (OWNER) /s/ B. C. McMinn Mayor APPROVED AS TO FORM: /s/ Donald G. Vandiver /s/ Tony Ratliff CONTRACTOR By: Tony Ratliff T1TLE: President Builders, Inc. Texas 79452 Motion was made by Councilman Maloy, seconded by Mayor Pro Tem Patterson to authorize Resolution #3661 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. Hold. an Executive Session to discuss personnel matters regarding appointments to: Community Development Advisory Committee Lubbock Public Transit Advisory Board Private Industry Council Lubbock Citizens Traffic Commission Keep Lubbock Beautiful Advisory Committee Board of City Development Consider one appointment to the Community Develoument Advisory Committee to fill the unexpired tenm of Raymond Sosa. His term was due to expire May 31., 1993. Motion was made by Councilman Phillips, seconded by Councilman Maloy to appoint Lalo Quirino to replace Raymond Sosa on the Community Development Advisory Committee. Motion carried: 6 Yeas; 0 Nays. July 11, 1991 Page 492 91-50B-492-435 (43.) 91-50B-492-437 (44.) 91-50B-.492-438 (45.) 91-50B-.492-439 (45.) 91-50B-492-440 (47.) Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Patterson to reappoint Joe Tarver and Lori Wilkerson on the Lubbock Public Transit Advisory Board. Motion carried: 5 Yeas; 0 Nays. Luckenbach's term was due to expire June 30, _1992. Motion was made by Councilman Phillips, seconded by Councilwoman Trejo to appoint Elroy Carson to replace Carl Luckenbach and to reappoint Barry Ballinger, Sam Ellis, Doug Heard, Wendell Holder, Billie McKinnon, Laurin Prather, Jerrell Snodgrass, Dr. Virginia Sowell, and Wanda Stewart to the Private Industry Council. Motion carried: 5 Yeas; 0 Nays. Consider three appointments to the Lubbock Citizens Motion was made by Councilman Phillips, seconded by Councilwoman Baker to appoint Paul Scioli to replace Van Sharpley and to reappoint Harold Chatman and Alan Hatch to the Lubbock Citizens Traffic Commission. Motion carried: 5 Yeas; 0 Nays. Consider two appointments to the Keep Lubbock Beautiful Advisory Committee to fill the unexpired terms of Pieter Berastean and Albert Dunn. Their terms expire April 12, 1992. Motion was made by Councilman Phillips, seconded by Councilman Maloy to appoint Martha Edwards and Matt Malouf to replace Pieter Bergstean and Albert Dunn on the Keep Lubbock Beautiful Advisory Committee. Motion carried: 5 Yeas; 0 Nays. Consider one appointment to the Board of City Development to fill the unexpired term of Paul Benos. His term was due to expire December 13, 1991. It was consensus of Council to hold these appointments until a future Council meeting. July 11, 1991 Page 493 There being no further business to come before Council, motion was made by Councilwoman Baker, seconded by Councilman Maloy to adjourn the meeting at 1:43 p.m. Motion carried: 5 Yeas; a Nays. e! _ 4 6. C. McMin , M or ATTEST: 4n,e Boyu, City 5ecre ry Read and approved this 25th day of July, 1991. C . C. McMiTin, Mayor ATTEST: Ranetde Boyd, City Secretary CITY OF LUBBOCK SPECIAL CITY COUNCIL MEETING JULY 12, 1991 8:00 A.M. The City Council of the City of Lubbock, Texas met in a special session on the 12th day of July, 1991 in the City Council Chambers, first floor, City Hail, 1625 13th Street, Lubbock, Texas at 8:00 A.M. Present: Mayor B. C. McMinn, Mayor Pro Tem T. J. Patterson, Councilman Gary Phillips, Councilman Bill Maloy, Councilwoman Maggie Trejo, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr., and City Secretary Ranette Boyd. Absent: Councilman M. J. Aderton and Councilwoman Joan Baker. Mayor McMinn called the meeting to order at 8:00 a.m. and announced that due 'to their anticipated absence from this meeting, Councilman Aderton and Councilwoman Baker had executed a Waiver of Notice and Consent to Special Meeting. ( 1.) The Invocation was given by Mayor Pro Tem Patterson. 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. 91-50B-495-441 { 3.) ORDINANCE #9455--Authorizing the issuance of City of Lubbock, Texas Electric _Light_ and Power System provisions incident and related to the issuance_ thereof. ORDINANCE #9455 AN ORDINANCE AUTHORIZING THE ISSUANCE OF $4,424,975.75 "CITY OF LUBBOCK, TEXAS, ELECTRIC LIGHT AND POWER SYSTEM REVENUE REFUNDING BONDS, SERIES 1991A" AND $4,999,9B8.80 "CITY OF LUBBOCK, TEXAS, ELECTRIC LIGHT AND POWER SYSTEM REVENUE REFUNDING BONDS, SERIES 1991B11; PRESCRIBING THE FORMS, TERMS, AND PROVISIONS OF SAID BONDS; PLEDGING THE NET REVENUES OF THE CITY'S ELECTRIC LIGHT AND POWER SYSTEM TO THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BONDS; ENACTING PROVISIONS INCIDENT AND (RELATED TO THE ISSUANCE, PAYMENT, SECURITY, SALE AND DELIVERY OF SAID BONDS, INCLUDING THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO, THE APPROVAL OF A PAYING AGENT/REGISTRAR AGREEMENT, THE APPROVAL OF A PURCHASE CONTRACT, THE APPROVAL OF A SPECIAL ESCROW AGREEMENT, EXERCISING THE CITY'S RIGHT TO OPTIONALLY REDEEM ITS OUTSTANDING SERIES 1983 AND SERIES 1984 ELECTRIC LIGHT AND POWER SYSTEM REVENUE BONDS, AND PROVIDING AN EFFECTIVE DATE. Motion was made by Councilman Phillips, seconded by Councilwoman Trejo to pass on second and final reading Ordinance #9455. Motion carried: 5 Yeas; 0 Nays. July 12, 1991 Page 496 There being no further business to come before Council, motion was made by Councilman Phillips, seconded by Mayor Pro Tem Patterson to adjourn the meeting at 8:02 a.m. Motion carried: 5 Yeas; B Nays. e B. C. McMi n, Mayor ATTEST„ Ran tte Boyd, City Se retary Read and approved this 25th day of July, 1991. C B. C. McM' n, Mayor ATTEST„ Rane e Boyd, City Se reta y