HomeMy WebLinkAboutMinutes - City Council - Regular - 8/8/1991CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
AUGUST 8, 1991
10:00 A.M.
The work session was adjourned at 8:25 a.m. and Council proceeded to
Executive Session to discuss the following regular agenda items prior to
their 10:0►► regular session:
91-508-531-469
{30.} Hold an Executive Session to discus ending
litigation {Community Development),
91-50B-531-470
(43.) Hold an Executive Session to discuss personnel
matters regarding aDDOintments to:
Civic Centers Board
Airport Board
Public Responsibility Committee
The City Council of the City of Lubbock, Texas met in regular session on
the 8th day of August, 1991 in the City Council Chambers, first floor,
City Hall, 1525 13th Street, Lubbock, Texas at 10:00 A.M.
Present: Mayor B. C. McMinn, Mayor Pro Tem T. J. Patterson, Councilman
Gary Phillips, Councilman Bill Maloy, Councilwoman Joan Baker,
Councilwoman Maggie Trejo, Councilman M. J. Aderton, City Manager Larry
J. Cunningham, City Attorney John C. Ross, Jr., and Deputy City
Secretary Beatrice Cervantes.
Absent: City Secretary Ranette Boyd.
Mayor McMinn called the meeting to order at 10:00 A.M.
{ 1.} The Invocation was given by Dan Hawkins, Director of
Water Utilities.
( 2.) The Pledge of Allegiance was given in unison by
those in the Council Chambers.
{ 3.) Motion was made by Councilman Aderton, seconded by
Mayor Pro Tem Patterson to approve the Minutes of
the July 25, 1991 Regular City Council meeting as
written. Motion carried: 7 Yeas; 0 Nays.
( 4.)
91-508-531-471
( 5.)
Board_Agpointments
August 8, 1991
Page 532
Maria Rodriquez appeared on behalf of Templ❑ El
Redentor Church to request a Loudspeaker Permit for
August 13-18, 1991 from 7:00 p.m. until 10:00 p.m.
in conjunction with a tent revival.
According to Staff memo, the requirements of the
Loudspeaker Ordinance have been met. Of the
residences surveyed, 16 indicated approval and 2
could not be reached.
Due to the location and time of this event, Council
approval was necessary.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Maloy to approve issuance of a
Loudspeaker Permit to Templo El Redentor Church for
August 13-18 each evening from 7:00 p.m. until 10:00
p.m. Motion carried: 7 Yeas; 0 Nays.
91-50B-532-472
( 6.)
No one spoke either for or against this request.
According to Staff memo, Mr. Kershner has met the
requirements of the Loudspeaker Ordinance, but due
to the location and time of this event Council
approval was necessary.
Motion was made by Councilwoman Baker, seconded by
Mayor Pro Tem Patterson to approve issuance of a
Loudspeaker Permit to Chuck Kershner for August 10,
1991 from 7:00 p.m. until 11:30 p.m. Motion
carried: 7 Yeas; 0 Nays.
91-50B-532 T73
[ 7.) Chuck Kershner will appear on behalf of the Monterey
Class of 1971 to request a Loudspeaker Permit in
conjunction with a class reunion at the Four Bar K
Ranch on August 16, 1991 from 7:00 p.m. until 11:30
p.m.
No one spoke either for or against this request.
According to Staff memo, Mr. Kershner has met the
requirements of the Loudspeaker Ordinance, but due
to the location and time of this event Council
approval was necessary.
Motion was made by Councilwoman Trejo, seconded by
Councilman Phillips to approve issuance of a
Loudspeaker Permit to Chuck Kershner for August 16,
1991 from 7:00 p.m. until 11:30 p.m. Motion
carried: 7 Yeas; 0 Nays.
August 8, 1991
Page 533
91-50B-533-474
8.) ORDINANCE #9467--Amending Article IV, Chapter 20 of
the Code of Ordinances with regard to Charitable_
Solicitations.
ORDINANCE #9467
AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 20 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO CHARITABLE
SOLICITATIONS; 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 #9467 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
91-50B-533-475
{ 9.) ORDINANCE #9461--Abandoning and closing a portion of
20th Street (4701 20th Street)
ORDINANCE #9461
AIN 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.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Trejo to pass on second and final
reading Ordinance #9461 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
91-506-533-476
(10.) ORDINANCE #9468--Zone Case #2674 2436 25th Street
church -related uses and a daycare] on Lot 17 and
Lots 19-22, Block 3, College Park Addition.
ORDINANCE #9468
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
NO. 2674; A ZONING CHANGE FROM R-2 TO A-2 ZONING, LIMITED TO CHURCH
RELATED USES AND A DAY CARE ON LOTS 17 & 19 THROUGH 22, BLOCK 3, COLLEGE
PARK ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Motion was made by Mayor
by Councilwoman Trejo to
reading Ordinance #9468
Motion carried: 7 Yeas;
91-506-533-477
Pro Tem Patterson, seconded
pass on second and final
as recommended by Staff.
0 Nays.
(11.j ORDINANCE #9466--Authorizing two-way traffic on lOth
Street between Avenues R and S.
ORDINANCE #9466
AN ORDINANCE ESTABLISHING TWO-WAY TRAFFIC ON 1OTH STREET FROM ITS
INTERSECTION WITH AVENUE S TO ITS INTERSECTION WITH AVENUE R;
PRESCRIBING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND EFFECTIVE
DATE OF THIS ORDINANCE.
August 8, 1991
Page 534
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Trejo to pass on second and final
reading Ordinance #9466 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
91-50B-534-478
(18.) insider Resolution #3670 accepting paving
improvements constructed by Williams and Peters
Construction Company, Inc., in Pheasant Run
Addition, Lots 231-256.
RESOLUTION #36 0
RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND
AVENUES AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions of
City Ordinance 1331, the subdivider of Pheasant Run Addition, Lots 231
thru 256 made arrangements with Williams & Peters Construction Company,
Inc. for the construction of paving improvements on certain streets
dedicated in said subdivision under the provisions of said Ordinance
prior to the recording of the subdivision plat of the above -mentioned
Addition including the following streets:
Homestead Avenue from its intersection with the North end of
the radius of 77th Street and Homestead Avenue to its
intersection with a line 7 feet South of the South property
line of the alley South of 75th Street known and designated
as New Subdivision Sub -Unit Number 41 of Unit Number 2034.
77th Street from its intersection with a line 10 feet West
of the West end of the radius of 77th Street and Hope Avenue
t❑ its intersection with the West end of the radius of 77th
Street and Homestead Avenue known and designated as New
;subdivision Sub -Unit Number 42 of Unit Number 2034.
Hope Avenue from its intersection with the South lip line of
►r7th 5Ereet to its intersection with a line 7 feet West of
the North property line of the alley North of 78th Street
known and designated as New Subdivision Sub -Unit Number 43
of Unit Number 2034.
Hope Avenue from its intersection with the North lip line of
77th Street to its intersection with a line 7 feet North of
the North property line of the alley North of 77th Street
known and designated as New Subdivision Sub -Unit Number 44
of Unit Number 2034.
WHEREAS, the construction of the above improvements on the
above -mentioned streets was performed under the supervision of the City
Engineer, and said improvements have been completed and have been
inspected and found to have been constructed in accordance with City
specifications and in accordance with the provisions of City Ordinance
1331; NOW THEREFORE:
BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements on said portions of the
above-mientioned streets and the same are hereby accepted and the City
Engineer BE and he is hereby authorized to notify the owner of
acceptance by the Lubbock City Council.
August 8, 1991
Page 535
SECTION 2. THAT this Resolution shall take effect and be in force
from and after its passage.
Passed by the City Council this 8th day of August, 1991.
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Larry []. Hertel
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
Isl J. Worth Fullingim
J. Worth Fullingim, Assistant City
Attorney
Isl_ B. C. McMinn
B. C. McMINN, MAYOR
A copy of Consolidated Final Cost for Pheasant Run Addition for Lots
231-256 is filed with Resolution No. 3670.
91-50B--535-479
(19.)
This is a routine acceptance of paving and curb and
gutter improvements required at the time of platting
this new subdivision as follows:
1. Homestead Avenue from 77th Street to
the alley south of 75th Street.
2. 77th Street from Hope Avenue to
Homestead Avenue.
3. Hope Avenue from 77th Street to the
alley north of 78th Street.
4. Hope Avenue from 77th Street to the
alley north of 77th Street.
No City cost is due the contractor upon acceptance
and Staff recommended approval.
Motion was made by Councilwoman Trejo, seconded by
Councilman Maloy to authorize Resolution #3670 as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
Lots 1-29.
August 8, 1991
Page 536
RESOLUTION #3671
RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AS LISTED
BELOW:
WHEREAS, in conformance with the paving requirement provisions of
City Ordinance 1331, the subdivider of Prairie Point East, Lots 1 thru
29 made arrangements with Williams & Peters Construction Company, Inc.
for the construction of paving improvements on certain streets dedicated
in said subdivision under the provisions of said Ordinance prior to the
recording of the subdivision plat of the above -mentioned Addition
including the following streets:
E18th Street from its intersection with the East lip line of
Vernon Avenue to its intersection with a line 7 feet East of
the East property line of the alley East of Vernon Avenue
known and designated as New Subdivision Sub -Unit Number 45
of Unit Number 2034.
The East 1/2 of Vernon Avenue from its intersection with the
South property line of 88th Street to its intersection with
a line 7 feet South of the North property line of Lot 1,
Prairie Point known and designated as New Subdivision
Sub -Unit Number 46 of Unit Number 2034.
WHEREAS, the construction of the above improvements on the
above -mentioned streets was performed under the supervision of the City
Engineer, and said improvements have been completed and have been
inspected and found to have been constructed in accordance with City
specifications and in accordance with the provisions of City Ordinance
1331; NOW THEREFORE:
BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF LUB80CK:
SECTION: 1. THAT the improvements on said portions of the
above -mentioned streets and the same are hereby accepted and the City
Engineer BE and he is hereby authorized to notify the owner of
acceptance by the Lubbock City Council.
SECTION 2. THAT this Resolution shall take effect and be in force
from and after its passage.
Passed by the City Council this 8th day of August, 1991.
/s/_B. C. McMinn
B. C. MCMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Larry_D. Hertel
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
s J. Worth Fullingim
J. Worth Fullingim, Assistant City
Attorney
A copy of Consolidated Final Cost for Prairie Point East Addition, Lots
1-29 is filed with Resolution No. 3761.
August 8, 1991
Page 537
This is a routine acceptance of paving and curb and
gutter improvements required at the time of platting
this new subdivision as follows:
1. 88th Street from Vernon Avenue to
the alley east of Vernon Avenue.
2. The east half of Vernon Avenue from
88th Street to the north property
line of Lot 1, Prairie Point East.
No City cost is due the contractor upon acceptance
and Staff recommended approval.
Motion was made by Councilwoman Trejo, seconded by
Councilman Maloy to authorize Resolution #3671 as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
91-508-537-480
(20.) Consider Resolution #3672 authorizing the sale of a
parcel of land by the City Council; and authorizing
the -Mayor to_execute_a Quitclaim Deed in favor of
O'Hair Shutters, Inc. (1700 N. Avenue N).
RESOLUTION #3572
WHEREAS, a 1600 square foot tract of land out of Section 15, Block
A, Lubbock County, Texas, is hereby determined to be surplus to the
needs of the City of Lubbock and can be sold, due to its size and shape,
without bid procedures or publication to an abutting owner for its fair
market value pursuant to Section 272.001 of Vernon's Texas Codes
Annotated Local Government Code; and
WHEREAS, said land has an appraised fair market value of $125.43,
and an abutting owner, O'Hair Shutters, Inc. has offered to purchase
said land, and this City Council has hereby determined that it would be
in the public interest to sell said land to said abutting owner at said
fair market value; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
;ECTION 1. THAT the sale of surplus land as hereinabove set forth
in the preamble hereof is hereby approved.
August 8, 1991
Page 538
SECTION 2. THAT the Mayor of the City of Lubbock is hereby
authorized and directed to execute a Quitclaim Deed from the City of
Lubbock unto the said O'Hair Shutters, Inc., as Grantee, for a
consideration of $125.43 in cash paid to the City of Lubbock by said
Grantee, a copy of which Deed is attached hereto and shall be spread
upon the minutes of this Council, and as so spread upon said minutes
shall constitute and be a part hereof as if fully copied herein in
detail.
Passed by the City Council this 8th day of August, 1991.
ATTEST:
s Rariette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Ed Buc
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
Is/ Harold Willard
Harold Willard
Assistant City Attorney
/s1 B. C. McMinn
B. C. McMINN, MAYOR
QUITCLAIM DEED
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF L'JQBOCK §
THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County
of Lubbock, State of Texas, hereinafter called "GRANTOR," for and in
consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other
good and valuable consideration to GRANTOR in hand paid by O'HAIR
SHATTERS, Ik;C, hereinafter called "GRANTEE," the receipt of which is
hereby acknowledged, does hereby by these presents ABANDON, DISCLAIM,
RELEASE and FOREVER QUITCLAIM unto the said GRANTEE," all of GRANTOR'S
rights;, title and interest in and to that certain tract or parcel of
land lying and being situated in the County of Lubbock, State of Texas,
described as follows, to -wit:
A 1600 square foot tract of land recorded in Volume 516, Page 193
of the Deed Records of Lubbock County, Texas, being located in
Section 15, Block A, Lubbock County, Texas, and being further
described as follows:
August 8, 1991
Page 539
BEGINNING at a point which bears N. 00001'52" E. a distance of
880.92 feet and S. 89058'08" E. a distance of 118.00 feet from the
Southwest corner of the A. L. King Tract recorded in Volume 302,
Page 441 of the Deed Records of Lubbock County, Texas, said point
also bears S. 89°58'08" E. a distance of 755.50 feet and S.
00"01'52" W. a distance of 1456.08 feet from the Northwest corner
of Section 15, Block A, Lubbock County, Texas;
THENCE N. 00001'52" E. a distance of 40.00 feet;
THENCE S. 89°58'08" E. a distance of 40.00 feet;
THENCE S. 00601'52" W. a distance of 40.00 feet;
THENCE N. 89058'08" W. a distance of 40.00 feet to the POINT OF
BEGINNING.
TO HAVE AND TO HOLD the same premises together with all and
singular the rights, privileges and appurtenances thereto in any manner
belonging unto the said GRANTEE, its successors and assigns forever, s❑
that neither the GRANTOR, its successors or assigns, nor any persons
claiming under GRANTOR shall at any time hereafter have, claim or demand
any right to the title to the aforesaid premises or appurtenances or any
part thereof.
WITNESS MY HAND this 8th day of August, 1991.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST,:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Buc—
Ed Bucy, Right -of -Way Agent
APPROVED AS; TO FORM:
s Har^old Willard
Harold Willard
Assistant City Attorney
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and for
said County, Texas, on this day personally appeared B. C. McMINN, known
to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same as the act
and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and
consideration therein expressed and in the capacity herein stated.
1991.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 8th day of August,
/s/ Olivia R. Solis
Notary Public in and for
the State of Texas
My Commission Expires: 11/30/95
August 8, 1991
Page 540
91-50B.-540-481
(21.)
This Resolution authorizes a Quitclaim Deed and
approval of the sale of a tract of land east of the
1700 block of North Avenue N to the abutting
property owner, O'Hair Shutters, Inc.
In 1953 the City of Lubbock purchased this 40' by
40' (1,600 sq.ft.) tract of land for a water well
site which has not been used for a some time. The
Public Lands Article 5421 C-12, Section 2A, states
that small slivers of land may be sold to the
adjoining property owner and this property is being
sold to O'Hair for $0.078 per sq.ft. They purchased
their property (62.0816 acres) in April, 1991 for
the same amount; therefore, Staff recommended the
sales price of $124.80 (1,600 sq.ft. x $.078) for
this tract of land.
Motion was made by Councilman Aderton, seconded by
Councilman Maloy to authorize Resolution #3672 as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
Consider Ordinance_ #9469 establishing speed limits
on Quitsna Avenue between 4th Street and 19th
Street.
ORDINANCE 99469
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN
PORTIONS OF QUITSNA AVENUE, AS HEREINAFTER MORE PARTICULARLY DESCRIBED
IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT
THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH
CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS
NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
The purpose of this Ordinance is to correct errors
in the existing Ordinance approved July 11, 1985
establishing speed limits on Quitsna Avenue. There
will be no change in the existing posted speed
limits of 40 mph from 4th Street south 2/10 mile and
from 19th Street north 2/10 mile. The remaining
6/10 mile in the middle is 55 mph. Staff
recommended approval.
Motion was made by Councilman Phillips, seconded by
Councilwoman Trejo to pass on first reading
Ordinance #9469 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
91-50B-.540-482
(22.) Consider Ordinance 99470 authorizing the removal of
the traffic signal at 58th Street and Avenue U.
ORDINANCE #9470
AN ORDINANCE CANCELLING AUTHORITY AND APPROVAL FOR A TRAFFIC
SIGNAL AT 58TH STREET AND AVENUE U AND AUTHORIZING THE REMOVAL OF SAID
TRAFFIC; SIGNAL AS AN OPERATIVE TRAFFIC SIGNAL.
August 8, 1991
Page 542
NOW, THEREFORE, be it resolved that the City Council of the City
of Lubbock, Texas, authorizes the submission of an application to the
State Department of Highways and Public Transportation for a Traffic
Light Synchronization grant and, if the application is selected for
funding, the Mayor of the City of Lubbock is hereby authorized and
empowered to execute in the name of the City all necessary applications,
contracts, and agreements to implement and carry out the purposes
specified in this resolution.
THE FOREGOING RESOLUTION was passed by the said City Council this 8th
day of August, 1991.
Signed: js/ B. C. McMinn
B. C. MCMINN, MAYOR
Date: August 8, 1991
ATTEST:,
ZsZ Rariette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s avid E. Wooslev
David E. Woosley, City Traffic
Engineer
APPROVED AS TO FORM:
ZsZ J. Worth Fullingim
J. Worth Fullingim, Assistant City
Attorney
A copy of the Traffic Light Synchronization Grant Agreement is filed
with Resolution No. 3513.
According to Staff memo, in September, 1989, the
City of Lubbock applied for a Traffic Light
Synchronization Grant from the Texas State
Department of Highways and Public Transportation to
expand the computerized traffic signal system to
University Avenue, Indiana Avenue and Quaker Avenue,
between 50th Street and 82nd Street; and 82nd Street
between University Avenue and Slide Road. The
application was approved in August, 1990, and the
grant will fund $65,000 of the estimated $135,000
project currently under way and scheduled for
completion by the end of this year.
The State Department of Highways and Public
Transportation recently advised that they are
accepting applications for "Traffic Light
Synchronization Program II". Staff recommended
applications for three separate projects under this
program.
August 8, 1991
Page 543
1. Collection of data and development
❑f new traffic signal timing plans
for the major thoroughfare portion
❑f the existing Computerized Traffic
Control System. This would be done
by an engineering services company.
Existing timing plans are basically
the same as installed with the
computer system eight years ago;
however, traffic volumes and
patterns have changed, and as a
result, the timing plans are not as
efficient as they could be.
The area in question consists of
portions of the following streets:
4th Street, 19th Street, 34th
Street, 50th Street, Avenue Q,
University Avenue and Brownfield
Road. The estimated cost of the
project is $110,000, and the grant
would fund 75% ❑f the cost, or
$82,500. The City's portion of the
project would be $27,500 and could
be funded ❑ut ❑f the Traffic Control
System Capital Projects Fund.
2. Expansion of the Computerized
Traffic Control System t❑ 4th Street
between Brownfield Road and
Frankford Avenue. Traffic signals
in this area currently ❑perate
independently. This project
consists of purchasing state-of-the-
art traffic signal controllers for
each intersection and obtaining
services of an engineering firm for
collection of data and development
of traffic signal timing plans for
implementation. The estimated cost
of this project is $75,000, and the
grant would fund 75% of the cost, ❑r
$56,250. The City's portion of the
project would be the remaining
$18,750, and could be funded out of
the Traffic Control System Capital
Projects Fund.
3. Expansion of Computerized Traffic
Control System to Avenue A between
4th Street and 50th Street. Traffic
signals in this area currently
operate independently. This project
would consist of purchasing
state-of-the-art traffic signal
controllers for each intersection
and obtaining services ❑f an
engineering firm to collect
appropriate data and develop traffic
signal timing plans for
implementation. The estimated cost
of this project is $87,500, and the
grant would fund 75% of the cost, or
$65,625. The City's portion of the
project would be the remaining
$21,875 and could be funded out of
the Traffic Control System Capital
Projects Fund.
August 8, 1991
Page 544
91-50B•-544-484
(24.)
Grant applications must be submitted to the State
Department of Highways and Public Transportation by
August 16, 1991. Successful applicants will be
announced ❑n October 31, 1991, with notification to
begin work to be issued on January 17, 1992.
Staff recommended approval.
Motion was made by Councilman Aderton, seconded by
Councilman Maloy to authorize Resolution #3673 as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
RESOLUTION #3674
WHEREAS, the City Council of the City of Lubbock deems it to be in
the beet interest of the health, safety and welfare of the citizens of
the City of Lubbock to enter into an Agreement with the FAA, acting for
and on behalf of the United States, to amend FAA Grant Agreement
3-48-0138-08 and thereby increase the FAA's obligation under such
agreement from $4,011,185.00 to $4,612,862.00; 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 directed to
execute for and on behalf of the City of Lubbock Amendment No. 3 to
Grant Agreement No. 3-48-0138-08 by and between the City of Lubbock and
the FAA, 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 8th day of August, 1991.
/sj B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Ber•n E. Case
Bern E. Case, Director of Aviation
APPROVED AS TO FORM:
s Ant,hony J. Williams
Anthony J. Williams, Assistant City
Attorney
August 8, 1991
Page 545
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
SOUTHWEST REGION
FORT WORTH, TEXAS 76193
Page 1 of 2 Pages
Contract No. DOT FA 88 5W-8576
Airport: Lubbock International
Lubbock, Texas
AMENDMENT NO. 3 TO GRANT AGREEMENT FOR PROJECT NO. 3-48-0138-08
WHEREAS, thie Federal Aviation Administration [hereinafter referred to as
the "FAA"] has determined it to be in the interest of the United States
that the Grant Agreement between the FAA, acting for and on behalf of
the United States, and the City of Lubbock, Texas, (hereinafter referred
to as the "Sponsor"), accepted by said Sponsor on the 29th day of
September, 1988, be amended as hereinafter provided.
NOW THEREFORE, WITNE55ETH:
That in consideration of the benefits to accrue to the parties hereto,
the FAA on behalf of the United States, on the one part, and the
Sponsor, on the other part, do hereby mutually agree that the maximum
obligation of the United States as set forth on Page 2 of the Grant
Agreement is hereby increased from $4,011,185.00 to $4,612,862.00.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to
said Grant Agreement to be duly executed as of the 8th day of August,
1991.
UNITED STATES OF AMERICA
APPROVED AS TO CONTENT: FEDERAL AVIATION ADMINISTRATION
s Bern Case
Bern Case, A.A.E.
Director of Aviation
ATTEST„
s Ranette Baud
Ranette Boyd, City Secretary
By: /s/ John M. Tempsev
Title: Manager, Airport Division
CITY OF LUBBOCK, TEXAS
By: /s/ B. C. McMinn
B. C. Mayor, Mayor
August 8, 1991
Page 546
Airport: Lubbock International
Lubbock, Texas
Project No. 3-48-0138-08
Amendment No. 3
Page 2 of 2 Pages
CERTIFICATE OF SPONSOR'S ATTORNEY
1, Anthony Williams, acting as Attorney for the City of Lubbock,
(hereinafter referred to as "Sponsor") do hereby certify:
That I have examined the foregoing Amendment to Grant Agreement and the
proceedings taken by said Sponsor relating thereto, and find that the
execution thereof by said Sponsor has been duly authorized and is in all
respects due and proper and in accordance with the laws of the State of
Texas, and further that, in my opinion, said Amendment to Grant
Agreement constitutes a legal and binding obligation of the Sponsor in
accordance with the terms thereof.
Dated at Lubbock, Texas, this 8th day of August, 1991.
/s/ Anthony Williams
Anthony Williams
Assistant City Attorney
Amendment #3 to FAA Grant 3-48-0138-08 is to
increase the grant from $4,011,185 to $4,612,862.
This project for construction of the west cargo
ramp, taxiways, and airfield lighting has been
completed and the grant amendment increases the
federal share by the allowable maximum of 15%. The
original multi -year grant was based on the
construction of two air cargo parking spaces on the
west ramp.
With the addition of a second air cargo carrier
(Airborne) after the original grant was issued, the
project was increased to include the construction of
three parking positions, with two spaces for Federal
Express and one space for Airborne. The Airport
Board has reviewed this and recommended approval.
Staff recommended approval.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Trejo to authorize Resolution #3674
as recommended by the Airport Board and City Staff.
Motion carried: 7 Yeas; 0 Nays.
August 8, 1991
Page 547
91-50B-547-485
(25.)
RESOLUTION #3575
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 Lease
Agreement between the City of Lubbock, Texas, and Executive Hangars of
Lubbock, Inc., 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 8th day of August, 1991.
Is1 B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette� Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Isl j3ern E. Case
Bern E. Case, Director of Aviation
APPROVED AS TO FORM:
Harold Willard
Harold Willard, Assistant City
Attorney
LEASE AGREEMENT
THIS LEASE AGREEMENT is made and entered into this 8th day of
August, 1991, between the CITY OF LUBBOCK, TEXAS, a home rule
municipality, (hereinafter referred to as "Lessor") and EXECUTIVE
HANGARS OF LUBBOCK, INC., a corporation incorporated under the laws of
the '.Mate of Texas, with its principal office in Lubbock, Texas,
thereinafter referred to as "Lessee") the terms of the agreement being
as follows:
WITNESSETH:
WHEREAS, Lessor owns and operates the Lubbock International
Airport located in Lubbock County, Texas, (hereinafter referred to as
the "Airport"); and
WHEREAS, Lessor deems it advantageous to itself and to its
operation of the Airport to lease unto Lessee the parcel of land
described herein together with certain privileges, rights, uses and
interests therein, as hereinafter set out; and
WHEREAS, Lessee is a corporation primarily engaged in hangar
storage of aircraft; and
WHEREAS, Lessee proposes to lease on a net basis from Lessor
certain ground area and to avail itself of certain privileges, rights
and rises pertaining thereto; and
August 8, 1991
Page 548
WHEREAS, Lessee has indicated a willingness and ability to
properly keep, maintain and improve said ground area in accordance with
the standards established by Lessor:
NOW THEREFORE, for and in consideration of the terms, conditions
and covenants of this lease to be performed by Lessee, all of which
Lessee accepts, Lessor does hereby lease and let unto Lessee certain
property (hereinafter called "Leased Premises"), and certain attendant
privileges, uses and rights, as herein specifically set out.
ARTICLE I
PREMISES AND PRIVILEGES
A. Description of Leased Premises.
A tract of land out of Section 28, Block A, Lubbock County, Texas,
containing .96 acres of land more or less, and being more particularly
described Exhibit "A" attached hereto.
13. Purpose.
The purpose for which Lessee may use the Leased Premises described
in paragraph A above is as follows:
Lessee may engage in the business of hangar storage of
aircraft and equipment owned only by or under the control of
the shareholders of Lessee.
ARTICLE 2
TERM
A. Term. The term of this agreement shall commence on the 1st
day of July, 1991, and end on the 30th day of June, 2005, a term of 15
years.
13. National Emergency. In the event the rights and privileges
hereunder are suspended by reason of war or other national emergency,
the term of this lease shall be extended by the amount of the period of
such suspension.
ARTICLE 3
RENTAL AND FEES
A. Rental. Ground rental for the approximately 41,924 square
feet of land area leased hereunder, as defined in Article 1, shall be
calculated at the rate of $.0872 per square foot per year and shall be
payable by the Lessee to the Lessor in equal monthly installments of
THREE HUNDRED FOUR AND 65/100 ($304.65) DOLLARS on the first day of each
month of each year that this lease is in effect.
B. Adjustments. The Lessor and Lessee hereby agree that the
above rental rate will be adjusted upward or downward this lease is in
effect each year beginning September 25, 1991, in direct proportion to
the fluctuation in the U.S. Department of Labor, Bureau of Labor
Statistics Cost of Living index (CPI), or such method of measure as may
replace this CPI. For purpose of computing all adjustments, the Bureau
of Labor Statistics Cost of Living Index as of January 1, 1990, shall be
construed as the base period. The amount of increase or decrease shall
be determined by the Index as it appears on September 1 of each year.
C. Fees. Lessee hereby agrees that Lessee shall pay a late
payment; fee of five percent (5%) on each payment not paid within ten
(10) days after the due date.
August 8, 1991
Page 549
ARTICLE 4
COVENANTS OF LESSEE
A. Assignment. The Lessee shall not at any time assign,
transfer, pledge, sublease or otherwise alienate this agreement without
the prior written consent of the Director of Aviation of the Lessor.
B. Aircraft Stored. Lessee agrees that at no time will any
aircraft be stored on the Leased Premises except that owned and/or
operated by or under the control of the undersigned or its shareholders.
C. Taxes. Lessee agrees to promptly pay when due all taxes and
assessment!; levied on the Leased Premises and any other lawful taxes or
assessment!; by any governmental agency which may be levied in connection
with the Lessee's business, and will promptly pay when due all charges
for water, electricity and other utilities used in connection with said
Leased Prenai ses .
D. Non -Discrimination. Lessee, its agents and employees, will
not discriminate against any person or class of persons by reason of
race, color, sex, religion or national origin in providing any services
or in the use of any of its facilities provided for the public. Lessee
agrees not to discriminate against any employee or applicant for
employment because of race, color, sex, religion or national origin.
Lessee agrees to take affirmative action to ensure that applicants are
employed, and that employees are treated during employment without
regard to their race, color, sex, religion or national origin. Such
action shall include, but not be limited to, employment, upgrading,
demotion, transfer, recruitment, layoff, rates of pay or other forms of
compensation, and selection for training, including apprenticeship.
E. Development of Airport. Lessee agrees that Lessor has the
right to further develop and improve the Airport as the Lessor sees fit
regardless of the desires of or use by Lessee, and without interference
or hindrance therefrom.
F. Security. Lessee agrees to control all access to the air
operations area (AOA) through the Leased Premises and through gates
assigned to or controlled in whole or in part by Lessee so as to prevent
unauthorized entry to the AOA by persons, animals or vehicles. In the
event that unauthorized access to the AOA is gained through the Leased
Premises or any area which Lessee controls or is obligated to control
either by itself or jointly with other Airport lessees, any fines or
penalties assessed by the Federal Aviation Administration shall be the
responsibility of the Lessee and Lessee hereby agrees to pay such fines
or penalties without delay and make any and all requested changes in its
operations or facilities necessary to maintain Airport security and
prevent reoccurrence of any unauthorized entry.
G. Operation of Aircraft. Lessee agrees that it will operate
aircraft stored on the Leased Premises at all times in compliance with
all applicable federal, state and local rules and regulations and comply
with all present and future applicable statutes, ordinances, rules and
regulations affecting the use or operation of the Leased Premises and
Airport.
H. Inspection of Books. Lessee shall maintain complete books
and records of all transactions, sales and income resulting from its
operations at Lubbock International Airport, which books and records may
be inspected at any time by the Lessor or its authorized representatives
at Lubbock, Texas, upon reasonable notice to Lessee. in the event
Lessee requests such inspection to be performed outside the Lubbock
area., such request may be honored at the Lessor's discretion; however,
any and all expenses incurred by so doing shall be reimbursed by the
Lessee.
August 8, 1991
Page 550
I. Condition of Premises. Lessee, shall at its own cost and
expense, maintain the Leased Premises and the buildings, improvements
and appurtenances thereto, in a presentable condition consistent with
good business practice and equal in appearance and character to other
similar improvements on said Airport. Lessee shall repair all damages
to said Leased Premises, shall maintain and repair all equipment
thereon, including any drainage installations, paving, curbs, buildings
and improvements; and shall repaint its own buildings and improvements
as necessary.
Lessor shall be the sole judge of the quality ❑f the maintenance
and upon written notice by Lessor to Lessee, Lessee shall be required to
perform whatever maintenance Lessor deems necessary. If said
maintenance is not undertaken by Lessee within ten days after receipt of
written notice, Lessor shall have the right to enter upon the Leased
Premises and perform the necessary maintenance, the cost of which shall
be bonne by Lessee, and such cost shall be secured by a lien upon any
improvements placed upon said Leased Premises by Lessee.
1). Hazardous materials. Storage of hazardous materials shall
not be permitted on the Leased Premises except for those quantities of
motor oil and other similar materials used in the normal preflight
servicing and preparation of aircraft. Disposal of hazardous materials
and waste including, but not limited to, used motor oil, solvents, paint
and aviation fuel shall not be permitted on the Leased Premises. All
hazardous materials must be disposed of off Airport premises in
accordance with applicable laws and regulations.
K. Utilities. Lessee shall have the right to connect to any
and all storm and sanitary sewers and water and utility outlets,
including metering devices, at its own cost and expense; and Lessee
shall pay for any and all service charges incurred therefore.
L. Trash. Garbage, Refuse, Etc. Lessee shall provide a
complete and proper arrangement for the adequate sanitary hauling and
disposal, off of Airport premises, of all trash, garbage and other
refuse resulting from the use of the Leased Premises.
M. Signs. Lessee may not erect or cause to be erected on the
Leased Premises any billboards or advertising signs without the prior
written consent of the Director of Aviation of the Lessor.
N. Hold Harmless. Lessee agrees to hold the Lessor free and
harmless from loss from each and every claim and demand of any nature
made on behalf of or by any person or persons resulting from Lessee's
operations and/or use of the Leased Premises by the Lessee, its agents,
servants and employees, and from all lasses and damages by a reason of
negligence of the Lessee, its agents, servants and employees.
t). Use of Airport. During the term of this lease, Lessee shall
have the free and non-exclusive use in common with others at the Airport
of runways, ramps, parking areas and any and all public facilities
available at the Airport and the right of ingress to and egress from the
above described premises, which right shall extend to Lessee's
employees, stockholders and invitees.
If during the term of this agreement, the use of the Airport by
Lessee is temporarily suspended, restricted or interfered with for a
period of ten (10) days or more for reasons beyond the practical control
of the Lessor and in such a manner as to substantially affect the use of
the Leased Premises or operation of aircraft by Lessee, all rents during
such a period shall abate and the term of the agreement shall, at the
election of Lessee, be extended for an equivalent period of time.
August 8, 1991
Page 551
P. Improvements. Lessee shall not make, permit or suffer any
improvements, additions or alterations to the Leased Premises which
constitute any major structural change or changes without prior written
consent of the Director of Aviation of the Lessor. Lessee agrees to
hold the Lessor harmless from any mechanic's and materialmen's liens
arising from any construction, additions, improvements, repairs or
alterations effected by the Lessee.
Q. Parking. Lessee shall, at its sole cost and expense,
construct adequate and suitable pavement areas for use by its members
for parking of aircraft and automobile parking for its employees, guests
and invitees.
IR. Vehicular Movement. Lessee will not permit the driving of
vehicles by its employees, guests or invitees on the apron, taxiways or
runways, except for approved ingress and egress to the Leased Premises.
S. Lessee shall not engage in any type of commercial enterprise
such as the sale of fuels, lubricants, aircraft parts or charter
services.
T. It is understood and agreed that no rights are granted
herein except those specifically stated.
ARTICLE 5
OBLIGATIONS AND RIGHTS OF LESSOR
A. Safety. Lessor reserves the right to take any action it
considers necessary to protect the aerial approaches of the Airport
against obstruction, together with the right to prevent Lessee from
erecting or permitting the erection of any building or other structure
on said leased premises which, in the opinion of the Director of
Aviation of the Lessor, would limit the usefulness of the Airport or
constitute a hazard to aircraft.
13. Maintenance of Public Area. Lessor reserves the right, but
shall not be obligated, to maintain and repair the landing area of the
Airport and all publicly owned facilities of the Airport, together with
the right to direct and control all activities of Lessee in this regard.
C. Standards. Lessor reserves the right to establish standards
for the construction, maintenance, alterations, repairs, additions and
improvements to Lessee's facilities. This will include structural
design, color, material used, landscaping and maintenance of Lessee's
facilities and the Leased Premises.
ARTICLE 6
DETERMINATION
A. Termination by Lessee. This Agreement shall be subject to
cancellation by Lessee without liability to the Lessor upon the
occurrence of any one or more of the following contingencies:
1. The permanent abandonment of the Airport as an air terminal.
2. The issuance by any court of competent jurisdiction of an
injunction in any way preventing or restraining the use of
the Airport, if such injunction remains in effect for at
least thirty (30) days.
3. The breach by Lessor of any of the terms, covenants or
conditions of this Agreement to be kept, performed and
observed by Lessor, and the failure of Lessor to remedy such
breach for a period of sixty (60) days after written notice
from the Lessee addressed to the Director of Aviation of the
Lessor.
41. The assumption by the United States Government, or any
authorized agency of the same, of the operation, control or
use of the Airport and its facilities in such a manner as to
August 8, 1991
Page 552
substantially restrict the Lessee from operating said
facilities, if such restriction continues for a period of
more than three (3) months.
B. Termination by Lessor. This Agreement shall be subject to
cancellation by the Lessor without liability to the Lessee upon the
occurrence of any one or more of the following contingencies:
1. If the Lessee shall file a voluntary petition of bankruptcy;
or, if proceedings in bankruptcy shall be instituted against
Lessee and it is thereafter adjudicated as bankrupt pursuant
to such proceedings; or if a court shall take jurisdiction
of Lessee and its assets pursuant to proceedings brought
under the provisions of any federal reorganization act; or
if a receiver for Lessee's assets is appointed; or if Lessee
shall be divested of its rights, powers and privileges under
this agreement by other operation of law.
?.. If the Lessee shall abandon the Leased Premises.
:S. If the Lessee shall default in or fail to make any payments
at the time and in the amounts required of Lessee under this
agreement.
4. If the Lessee shall fail to perform, keep and observe all of
the covenants and conditions contained in this agreement t❑
be performed, kept and observed by Lessee.
5. If the Lessee shall fail to abide by all applicable laws,
ordinances, rules and regulations enacted or promulgated by
the United States or any agency thereof, the State of Texas,
City of Lubbock or Director of Aviation of the City of
Lubbock.
Lessor, acting by and through its Director of Aviation, shall give
written notice t❑ Lessee t❑ correct or cure any default, failure t❑
perform ❑r breach ❑f covenant ❑r conditions within fifteen (15) days
from the date of such notice: and if the default, failure to perform or
breach complained of shall not have been corrected within such time in a
manner satisfactory t❑ the Lessor, then, and in such event, Lessor shall
have the right, at once and without further notice to Lessee, t❑ declare
this agreement terminated and to enter upon and take full possession of
the Leased Premises.
Provided, further, that in the event that defaults, failure t❑
perform and breaches by Lessee of its obligations under this agreement
to be performed, kept and observed by Lessee shall recur from time t❑
time, Lessor may terminate this agreement. In such event, the Lessor
shall give written notice of such termination t❑ Lessee and the
agreement shall terminate within ten (10) days from the date of said
notice. The acceptance ❑f rentals and fees by the Lessor for any period
or periods after a default ❑f any ❑f the terms, covenants and conditions
herein contained to be performed, kept and observed by Lessee shall not
be deemed a waiver ❑f any rights on the part of the Lessor to cancel
this agreement for failure by Lessee to s❑ perform, keep or observe any
of the terms, covenants or conditions hereof to be performed, kept and
observed by Lessee. N❑ waiver by the Lessor, its officers, agents or
employees of any of the terms of this agreement to be kept, performed
and observed by the Lessee shall be construed to be or act as a waiver
by the Lessor of any subsequent default on the part of the Lessee.
August 8, 1991
Page 553
C. Ownership. Within thirty (30) days after expiration of this
agreement, or upon earlier termination, as herein provided, the Lessee
shall remove all improvements constructed or placed on the Leased
Premises, such as buildings, equipment, goods, chattels and fixtures
belonging to Lessee, and to restore the Leased Premises to the condition
in which they were received, reasonable wear and tear and damage by fire
or the elements excepted. In the event of the failure on the part of
Lessee to remove from the Leased Premises all property owned by Lessee
under the requirements set forth in this paragraph, the Lessor may
effect such removal and restore such property at Lessee's expense.
Lessee covenants and agrees to pay all reasonable costs, attorneys' fees
and expenses that shall be incurred by the Lessor in enforcing the
covenants and conditions of this agreement. In the event the Lessee
fails to pay the expenses of removal and restoration within thirty (30)
days, such property removed will be deemed abandoned and title will
revert to the Lessor. However, this shall in no way relieve the Lessee
of the debt incurred.
.In the event Lessor terminates this agreement for cause as
contained herein, the Lessor shall retain ownership of Lessee's
improvements to the extent of the rentals due from Lessee for the
remainder of the term.
O. Subordination Provision. This lease shall be subordinate to
the provisions of any existing or future agreement between the Lessor
and the United States pertaining to the operation or maintenance of the
Airport.
August 8, 1991
Page 554
ARTICLE 7
NOTICE
Any required notice to the Lessor provided for herein shall be
sufficient if sent by registered or certified mail, postage prepaid, to
the Director of Aviation, Route 3, Box 201, Lubbock, Texas 79401, and
any such notice to the Lessee shall be sufficient if sent in the same
manner addressed to Executive Hangars of Lubbock, Inc., 170B 15th
Street, Lubbock, Texas 79401, or such other addresses as my be
designated by the Lessor or Lessee in writing from time to time.
IN WITNESS WHEREOF, the parties have executed this agreement this
8th day of .August, 1991.
ATTEST:
Zsl 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
ATTEST„
THE CITY OF LUBBOCK
BY: /s/ B. C. McMinn
B.C. McMINN, MAYOR
EXECUTIVE HANGARS OF LUBBOCK,
INC.
BY: /s/ Bryce Campbell, DDS
Executive Hangers of Lubbock is seeking to replace
their expired Lease on the west side of the Airport.
Executive Hangers' Lease is a standard Land Lease
Agreement and will be written for a term of 20
years. The Lease covers 41,924 square feet of land
and at current rates, rental income will be $304.65
per month (compared to $146.25 per month
previously). The net increase to the airport is for
108%, and a CIP clause is incorporated in the new
Lease. The Airport Board has reviewed and approved
this lease.
Staff recommended approval.
Motion was made by Councilwoman Baker, seconded by
Councilwoman Trejo to authorize Resolution #3675 as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
August 8, 1991
Page 555
91-50B-555-486
(26.)
RESOLUTION #3676
WHEREAS, the Airport Board for the City of Lubbock, Texas, has
voted to recommend to the City Council of the City of Lubbock that
certain Airport premises hereinafter described be conveyed to the Water
Utilities Department of the City for good and valuable consideration;
and
WHEREAS the City Council herein finds that conveyance of such
Airport premises hereinafter described is in the best interest of the
citizens of the City of Lubbock and that there is no legal impediment to
conveying such property to the Water Utilities Department as
recommended; NOW THEREFORE:
BE IT RESOLVED BY THE CITY CDUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Airport premises described in Exhibit A,
attached to this Resolution and made a part hereof for all purposes,
shall be conveyed by the Airport to the Water Utilities Department for
the sum of $1,500 per acre, which is the appraised value of such
property according to the Right -of -Way Department of the City of
Lubbock.
!iEGTLull 2. THAT the Right -of -Way Department of the City shall
effect the conveyance of the property described in Exhibit A to the
Water Utilities Department in accordance with this Resolution.
Passed by the City Council this 8th day of August, 1991.
/s/_ B.__C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Ber•n E. Case
Bern E. Case, Director of Aviation
APPROVED AS TO FORM:
js/ Harold Willard
Harold Willard, Assistant City
Attorney
Exhibit. A is filed with Resolution No. 3676.
August 8, 1991
Page 556
91-50B.-556-487
(27.)
The Water Treatment plant located on the eastern
side of the Airport's East Industrial District is
seeking adjacent land for future expansion. Tract
1, consisting of 3.76 acres, is located on the north
end of existing acreage and Tract 2, consisting of
8.26 acres, is located on the south end of existing
acreage. The property is being conveyed to the
Water Utilities Department at a value of $1,500 per
acre and total price of $17,844. If the Water
Utilities Department finds conditions necessary to
close the section of Dubuque Street which passes
between Tract 3 and Tract 2, they will construct a
permanent alternate road between Bluefield Street
and Dubuque Street meeting Airport Administration
specifications. The Airport Board has reviewed and
approved this Lease.
Staff recommended approval.
Motion was made by Councilwoman Baker, seconded by
Councilman Phillips to authorize Resolution #3676 as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
Services.
RESOLUTION #3677
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
Engineering Services Agreement between the City of Lubbock and Fanning,
Fanning & Associates, Inc. for professional services to assist in
overseeing the Maintenance Contracts for the HVAC Mechanical and
Automation equipment located in the Lubbock Memorial Civic Center and
Municipal Auditorium/Coliseum, 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 8th day of August, 1991.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST„
s Ranette Boyd
Ranette Boyd, City Secretary
APPRDVED AS TO CONTENT:
s Van McVay
Van McVay, Director of Civic Centers
APPROV17D AS TO FORM:
s Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
August 8, 1991
Page 557
ENGINEERING_ SERVICES AGREEMENT
This Agreement is made this the 8th day of August, 1991.
Between
The City of Lubbock, Texas, the Owner, and Fanning, Fanning &
Associates, Inc., the Engineer.
A. !SCOPE. OF THE WORK
Provide professional services to assist in overseeing the
Maintenance Contracts for the HVAC Mechanical and Automation
equipment located in the Lubbock Memorial Civic Center and
Municipal Auditorium/Coliseum.
B. 13ASIC SERVICES
The Engineer shall provide professional services as follows:
:1. Conduct monthly inspections to observe and evaluate the
performance of the Maintenance Contractor as it pertains to
the Maintenance Contracts and Specifications in force.
2. Services shall include visual inspection of all HVAC
equipment covered by the Maintenance Contracts, including,
but not limited to, boilers, chillers, air handlers,
filters, valves, belts, cooling towers, pumps, bearings,
insulations, and fans.
3. Prepare a written report regarding the Contractor's
compliance to the Maintenance Contracts following each
monthly inspection or any additional inspections made at the
request of the Owner. The written report shall be furnished
within ten (10) days of each inspection to the following:
Civic Center Deputy Director for Booking/Operations
Civic Center Operations/Engineering Superintendent
Contractor
4. Respond to calls from the City to investigate problems that
involve maintenance of the equipment and the performance of
the Contractor.
5. The Primary Inspector directing the work will remain
constant throughout the term of this agreement to insure
continuity and proper follow up. The alternate inspector
will be familiar with the project in the event that the
Primary Inspector is unavailable.
C. THE OWNERS RESPONSIBILITIES
1. Owner will make the facility available for inspections
during normal working hours (Monday through Friday 8:00 A.M.
until 5:00 P.M.) or in the case of emergency inspections
requested by Owner.
i!. Owner will notify Engineer should there be any changes,
amendments, or revisisions to the Maintenance Contracts
which would affect equipment to be inspected.
August 8, 1991
Page 558
D. ENGINEER'S RESPONSIBILITIES
The Engineer shall not be responsible for the acts or omissions of
any contractor, subcontractor, supplier, or the agent or employee
of any contractor, subcontractor or supplies in the performance of
this Agreement; however, nothing therein shall be construed to
release Engineer from liability for failure to properly perform
the duties and responsibilities assumed by the Engineer pursuant
to this Agreement.
E. COMPENSATION AND PAYMENT
The Owner agrees to pay the Engineer as compensation for the basic
:services as outlined in this Agreement, the sum of $20,000.00
1.. Payments for basic services shall be made in Twenty -Four
(24) equal monthly payments.
2. Engineer shall submit monthly invoices to Owner at the
following address:
Lubbock Memorial Civic Center
1501 5th Street
Lubbock, Texas 79401
F. CONSULTANTS
Should Engineer wish to retain consultants during the process of
'the work to be performed under this Agreement, it is specifically
understood and agreed that any consultant retained by the Engineer
shall be at Engineer's expense; however, the Owner reserves the
right to approve such consultants and the conditions of their
employment. It is further understood that the Owner may retain
consultants and that the expense for the same shall be borne by
the Owner.
G. NONDISCRIMINATION IN EMPLOYMENT
There shall be no discrimination against any employee or applicant
For employment because of race, religion, color, national origin,
age, handicap, or sex.
H. INSURANCE
Prior to the time Engineer is entitled to commence any part of the
services under this Agreement, Engineer shall procure, pay for,
and maintain the following insurance written by companies licensed
-in the State of Texas or meeting surplus lines requirements of
Texas law and acceptable to Owner. The insurance shall be evidence
by delivery to Owner on one (1) certificate of insurance, executed
by the insurer, listing the coverage and limits, expiration date
and term of policy, and certifying that the insurer is licensed to
do business in Texas or meets the surplus lines requirements of
Texas law, or (2) a certified copy of each policy, including all
endorsements. The insurance requirements shall remain in effect
throughout the term of the Agreement.
1. Professional Liability Insurance (including errors and
omissions) with minimum limits of $500,000 per claim.
2. General Liability Coverage with a minimum of $500,000 per
claim.
August 8, 1991
Page 558
E.
F.
G.
ENGINEER'S RESPONSIBILITIES
The Engineer shall not be responsible for the acts or omissions of
any contractor, subcontractor, supplier, or the agent or employee
of any contractor, subcontractor or supplies in the performance of
this Agreement; however, nothing therein shall be construed to
release Engineer from liability for failure to properly perform
the duties and responsibilities assumed by the Engineer pursuant
to this Agreement.
COMPENSATION AND PAYMENT
The Owner agrees to pay the Engineer as compensation for the basic
serviices as outlined in this Agreement, the sum of $20,000.00
1. Payments for basic services shall be made in Twenty -Four
(24) equal monthly payments.
2. Engineer shall submit monthly invoices t❑ Owner at the
fallowing address:
Lubbock Memorial
1501 6th Street
Lubbock, Texas
CONSULTANTS
Civic Center
79401
Should Engineer wish to retain consultants during the process of
the work to be performed under this Agreement, it is specifically
understood and agreed that any consultant retained by the Engineer
shall) be at Engineer's expense; however, the Owner reserves the
right to approve such consultants and the conditions of their
employment. It is further understood that the Owner may retain
consultants and that the expense for the same shall be borne by
the Owner.
NONDISCRI INATI N IN EMPLOYMENT
There shall be no discrimination against any employee or applicant
for employment because of race, religion, color, national origin,
age, handicap, or sex.
N. INSURANCE
Prior to the time Engineer is entitled to commence any part of the
services under this Agreement, Engineer shall procure, pay for,
and maintain the following insurance written by companies licensed
in the State of Texas or meeting surplus lines requirements of
Texas law and acceptable t❑ Owner. The insurance shall be evidence
by delivery to Owner on one (1) certificate of insurance, executed
by the insurer, listing the coverage and limits, expiration date
and term of policy, and certifying that the insurer is licensed to
d❑ business in Texas or meets the surplus lines requirements of
Texas law, or (2) a certified copy of each policy, including all
endorsements. The insurance requirements shall remain in effect
throughout the term of the Agreement.
1. Professional Liability Insurance (including errors and
omissions) with minimum limits of $500,000 per claim.
2. General Liability Coverage with a minimum of $500,000 per
claim.
August 8, 1991
Page 559
3. Comprehensive Automobile Liability Insurance.
The Engineer shall have Comprehensive Automobile Liability
Insurance with limits of not less than:
Bodily Injury $250/$500,000
Property Damage $100,000
to include all owned and non -owned cars including:
Employers Non -Ownership Liability
Hired and Non -Owned Vehicles
4. Worker's Compensation and Employer's Liability Insurance.
As required by Stated statute covering all employees whether
employed by the Engineer or any Subcontractor on the job
with Employer's Liability of at least $100,000 limit.
Engineer shall furnish Owner certificates of insurance which shall
include a provision that such insurance shall not be cancelled
without at least thirty days written notice to Owner.
I. TERMINATION OF AGREEMENT
This Agreement may be terminated by either party on thirty (30)
days written notice to the other party for failure or refusal to
perform in accordance with the terms and conditions of this
Agreement. such termination shall be made by the Owner, giving
written notice directed as follows:
Fanning, Fanning & Associates, Inc.
Consulting Engineers
2555 74th Street
Lubbock, Texas 79423
likewise, termination by the Engineer shall be accomplished by
directing written notice to:
Civic Centers Director
Lubbock Memorial Civic Center
1501 5th Street
Lubbock, Texas 79401
In the event of termination, the Engineer shall be paid his
compensation for services performed to termination date based upon
completion of services performed to termination date.
Copies of reports to date of termination will be furnished to
Owner on date of termination.
J. SUCCESSORS AND ASSIGNS
The Owner hereby binds itself, its successors, assigns and legal
representatives to the Engineer in respect to all stipulations,
terms, and covenants of this Agreement; and likewise, the Engineer
hereby binds himself, his successors, assigns and legal
representatives to the Owner, in respect to all stipulations,
terms and covenants of this Agreement.
K. ASSIGNMENT
Neither the Owner nor the Engineer shall assign, sublet, or in any
manner transfer it or their respective interest in this Agreement
to any other person, individual, firm, corporation or other
interest without prior written consent of the other respective
party.
August 8, 1991
Page 550
L.
M.
N.
a
EXTENT OF AGREEMENT
This Agreement represents the entire and integrated agreement
between the Owner and the Engineer and supersedes all prior
negotiations, representations or agreements, either written or
oral. This Agreement may be amended only be written instrument
signed by both the Owner and the Engineer.
APPLICABLE LAW
This agreement shall be considered to be performed in Lubbock
County Texas.
DESIGNATION OF REPRESENTATIV
Owner hereby designates the City Manager of the City of Lubbock or
the person designated as his representative, as its duly
authorized and designated representative to act for and on behalf
of Owner.
ARBITRATION
All questions of dispute under this Agreement shall be submitted
'to arbitration at the request of either party to the dispute. The
parties may agree upon one arbitrator, otherwise, there shall be
three; one named in writing by each party and the third chosen by
the two arbiters selected; or if the arbiters fail to select a
third within ten (10) days, he shall be chosen by the District
-Judge, 72nd District of Texas. Each arbiter shall be resident of
the City of Lubbock. Should either party fail to choose an arbiter
within ten (10) days, the Owner's Representative shall appoint
such arbiter. Should either party refuse or neglect to supply the
arbiters with any papers or information demanded in writing, the
arbiters are empowered by both parties to the contract, unless
either or both parties shall appeal within ten (10) days from date
of the award by the arbiters, and it is hereby agreed that each
party, shall have the right of appeal and all proceedings shall be
according to and governed by Arbitration Statutues of Texas. The
decision of the arbiters upon any question submitted to
arbitration under this contract shall be condition precedent to
any right of legal action. The arbiters are authorized to award
the party whose contention is sustained, such sums as they deem
proper for the time, expense and trouble incident to the appeal,
and if the appeal was taken without reasonable cause, they may
award damages for any delay occasioned thereby. The arbiters shall
fix their own compensation, unless otherwise provided by
agreement, any may assess the costs and charges of the arbitration
upon either or both parties. The award of the arbiters must be
made in writing and shall not be open to objection on account of
the form of proceedings or award.
S. TERM OF AGREEMENT
The term of the agreement shall be for two (2) years, commencing
on September 1, 1991 and ending on August 31, 1993, subject to
extension for additional one (1) year terms thereafter, by mutual
written agreement of the parties hereto.
August 8, 1991
Page 551
T. SPECIAL PROVISIONS
Special provisions applicable to this Agreement, if any, are as
follows:
None.
THIS AGREEMENT executed the day and year first written above.
OWNER:
CITY OF LUBBOCK
/s/ B. C. McMinn
B. C. McMinn, Mayor
ATTEST:
s Ranette. Boyd
Ranett a Boyd
City Secretary
APPROVED AS TO CONTENT:
s Van McV a_y
Van McVay
Director of Civic Centers
APPROVED AS TO FORM:
Is/ Donald G. Vandiver
Donald G. Vandiver
First Assistant City Attorney
ENGINEER:
FANNING, FANNING & ASSOCIATES,
INC.
/s/ Jack F. Roberts
Jack F. Roberts, P.E.
Vice President
The Civic Center and Auditorium -Coliseum are under
Contract with Honeywell, Inc. which covers all
maintenance of the HVAC (heating, ventilation, and
air conditioning equipment). The Maintenance
Contract includes equipment such as temperature
controls, gauges, pumps, motors, switches, fans, fan
coil units, furnaces, boilers, heating coils,
humidifiers, valves, meters, controllers, sensors,
computers, etc. Each piece of equipment has a
separate preventative maintenance schedule and
activities.
A recap of the key provisions is as follows:
1. Fanning, Fanning & Associates, Inc.
will conduct monthly inspections to
observe and evaluate the performance
of the Maintenance Contractor as it
pertains to the Maintenance
Contracts and Specifications in
force.
2. Monthly inspections will consist of
visual inspections of all HVAC
equipment covered by the Maintenance
Contracts.
August 8, 1991
Page 562
3. Fanning, Fanning & Associates, Inc.
will prepare a written report
following each inspection regarding
the Contractor's compliance to the
Maintenance Contracts. These
reports will be furnished within ten
(10) days of each inspection to
designated Civic Center
representatives and the Contractor.
4. The term of the agreement is for a
two-year period beginning September
1, 1991 and ending August 31, 1993.
The Agreement can be renewed
annually at a mutually agreed cost.
5. The total cost for the two-year
period will be $20,000 ($10,000
annually), payable in twenty-four
(24) equal monthly payments.
6. Fanning, Fanning & Associates will
be required to provide Certificates
of Insurance for Professional
Liability, General Liability,
Automobile Liability, Worker's
Compensation and Employer's
Liability prior to commencing work.
7. The Agreement can be terminated with
a 30-day written notice for failure
or refusal to perform in accordance
with the terms and conditions of the
Agreement.
Staff recommended that the Contract with Fanning,
Fanning & Associates be approved.
Motion was made by Councilman Aderton, seconded by
Councilwoman Baker to authorize Resolution #3677 as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
August 8, 1991
Page 553
91-50B-553-488
(28.)
RESOLUTION #3578
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 an Agreement between the Lubbock City Health Department and
the Texas Department of Health, for maternal and child health services,
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 8th day of August, 1991.
ZsZ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/sZ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
LsL_Rita Harmon
Rita Harmon, Assistant City Manager
APPROVED AS TO FORM:
Is/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of the Texas Department of Health Contract Document No. C1000285
is filed with Resolution No. 3578.
The Texas Department of Health has revised the
1990-91 Contract to increase funds for the
implementation of a Comprehensive Case Management
System statewide. The total increase funding
designated for the Lubbock Health Department is
$30,273 for the months of July and August, 1991 and
provides for computer equipment and three employees.
Funding for the employees will continue through
1991-92.
1. An amount of $19,120.00 is
designated for the purchase of
computer equipment to include one
file server and three work stations.
These funds will need to be expended
by August 31, 1991 and are a
one-time only allocation.
August 8, 1991
Page 553
91-50B-553-488
(28.)
RESOLUTION #3578
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 ❑f Lubbock an
Amendment to an Agreement between the Lubbock City Health Department and
the Texas Department of Health, for maternal and child health services,
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 8th day ❑f August, 1991.
Isl B. C. McMinn
B. C. McMINN, MAYDR
ATTEST:
Zsl Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Lsj Rita Harmon
Rita Harmon, Assistant City Manager
APPROVED AS TO FORM:
s Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy ❑f the Texas Department of Health Contract Document No. C1000285
is filed with Resolution No. 3578.
The Texas Department of Health has revised the
1990-91 Contract to increase funds for the
implementation of a Comprehensive Case Management
System statewide. The total increase funding
designated for the Lubbock Health Department is
$30,273 for the months of July and August, 1991 and
provides for computer equipment and three employees.
Funding for the employees will continue through
1991-92.
1. An amount of $19,120.00 is
designated for the purchase of
computer equipment t❑ include ❑ne
file server and three work stations.
These funds will need to be expended
by August 31, 1991 and are a
one-time only allocation.
August 8, 1991
Page 564
The Health Department proposed a
Capital Improvement Project for the
development of an integrated
computer system to link the various
sections of the Health Department.
This will include patient
registration for all clinics,
patient history and medical records,
lab results, data collection and
reporting, case management and
follow-up, billing, word processing,
etc. at a cost of $272,000.
A computer with a file server and
three terminals will allow
establishment of computerized
patient registration and tracking
for follow-up appointments.
2. Addition of three Community Service
Aide positions via this Contract
revision to be included in the
1991-92 State Contract.
$9,017 is funded by the State and
designated for salaries and fringe
benefits for July and August.
Recruiting will start the week of
August 12. The Texas Department of
Health is committed to implementing
this Comprehensive Case Management
System; therefore, these positions
will be funded by the State
beginning September 1, 1991 through
August 31, 1992.
Case management is an efficient and
cost-effective means to improve
pregnancies and ensure healthier
infants. These three aides will
identify women in need of prenatal
care, refer them to the appropriate
health care and social service
providers, ensure their ongoing
receipt of prenatal care, and
continue to follow the health care
needs of the mother and infant until
the infant is 18 months old. They
will educate families about a wide
range of health and social services
available, and the need for regular,
preventive health care.
Each patient will have a plan of
care, based on individual need.
This plan will be developed by the
Community Service Aide and the
Community Outreach Supervisor who
will oversee the aides and the
program. Much of the work performed
will be completed during home
visits, assessing the health care
needs specific to the household.
Although space is limited within the
Health Department, there will be
sufficient desk space in the Nursing
Pool to house the aides where they
are in the office.
August 8, 1991
Page 565
91-50B.-565-489
(29.)
3. This Contract will also provide for
$2,136 in supplies that will be used
by the aides and for computer
supplies.
Staff recommended approval.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to authorize Resolution #3678
as recommended by Staff. Motion carried: 1 Yeas; 0
Nays.
RESOLUTION #3679
RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS
4 TH°OUGH 5�, METHODIST HOSPITAL ADDITION.
WHEREAS, the developer of Lots 4 through 5, Methodist Hospital
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 156 of said Chapter 28;
and
WHEREAS, the total utility cost to the developer is $8,884.09 with
the improvements constructed by Rhode Construction, having a value of
$6,535.14 as determined by the unit prices established by said Chapter
28, paving repair costs of $1,580.40 and $768.55 cash paid to the City,
with Methodist Hospital, the developer to receive a refund of $0.00 in
accordance with Chapter 28 of the Code of Ordinances of the City of
Lubbock and a refund of deposit in the amount of $0.00; and
WHEREAS, 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 cost in the amount of $0.00 be
made in accordance with said Chapter 28.
August 8, 1991
Page 566
SECTION 3. THAT a refund of deposit be made in the amount ❑f
$0.00.
SECTION 4. THAT this Resolution shall take effect and be in force
from and after its passage.
Passed by the City Council this 8th day ❑f August, 1991.
js/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
IsL R nette Boyd
Ranette! Boyd, City Secretary
APPROVED AS TO CONTENT:
s Wilford D. Watson
Wilford D. Watson, Chief Water
Utilities Engineer
APPROVE=D AS TO FORM:
/s/ J. Worth Fullinoim
J. Worth Fuiiingim
Assistant City Attorney
This is a routine acceptance ❑f water and sewer
improvements constructed in accordance with the
subdivision regulations. The total cost ❑f the
improvements is $8,884.09 including value of
construction costs of $6,535.14, paving repair costs
of $1,580.40 and $768.55 cash paid to the City.
There will be no refunds due on this project.
Staff recommended acceptance of these improvements.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Maloy to authorize Resolution #3679 as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
91-50B-566-490
(31.) BID #11468--12" C900 PVC Pipe (Central Warehouse).
Western Industrial--3,920' 12" C900 PVC pipe.
Motion was made by Councilwoman Baker, seconded by
Councilman Maloy to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
August 8, 1991
Page 567
91-50B-567-491
(32.) BID #11431--Landwer Party House Renovations, and
authorize same (Parks and Recreation)
RESOLUTION #3680
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock a
Contract by and between the City of Lubbock and Wardroup & Associates
for renovations to the Landwer Party House, 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 8th day of August, 1991.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Gene Eads
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
LsZ Harold Willard
Harold Willard, Assistant City
Attorney
CONTRACT
STATE OF TEXAS
/s/ B. C. McMinn
B. C. McMINN, MAYOR
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 8th day of August, 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 Wardroup & Associates of the City
of Lubbock, County of Lubbock, and the State of Texas, hereinafter
termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the OWNER
and under the conditions expressed in the bond bearing even date
herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence
and complete the construction of certain improvements described as
follows:
BID IVO. 11431 Landwer Party House Renovations (Parks and Recreation) in
the amount of $51,740.00
and all extra work in connection therewith, under the terms as stated in
the contract documents and at his (or their) own proper cost and expense
to furnish all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance and other accessories and services
necessary to complete the said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
August 8, 1991
Page 568
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 WITDNIESS 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
APPROVE=D AS TO CONTENT:
s Carlos D. Vigil
ATTEST:
Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ B. C. McMinn
Mayor
APPROVED AS TO FORM:
Zs1 Donald G. Vandiver
Is/ W. C. WardrouR
CONTRACTOR
By: W. C. Wardroup
TITLE: Owner
COMPLETE ADDRESS: Wardroup & Associates
4408 Brownfield Drive
Lubbock, Texas 79410
Motion was made by Councilwoman Baker, seconded by
Councilman Maloy to authorize Resolution # as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
91-50B-.568-492
(33.) BID #11446--Miscellaneous Electrical Items (Central
Warehouse).
Westinghouse Electric Supply--18 ea. No. 4/0 15KV,
19-strand Pothead unit; 50 ea. 4" PVC conduit ELL,
45 deg. 48" radius; 500 lb. No. 2, soft drawn, bare
cooper wire; 2500' No. 12 THHN, solid, white jacket
cooper wire; 2000' 14-3 Type S-J extension cord
wire; 12 ea. 40OW, 480V, sodium vapor ballast.
Southwestern Electric Supply--20 ea. fuse, FLQ-30;
2,000 ea. 3/4" plastic electric tape.
Nunn Electric Supply Corp.--20 ea. fuse, 600V dual
element; 200 ea. No. 4-3/0 heat shrink tubing.
Cummins Supply, Amarillo--7 ea. 600 amp, 1500, in -
line switch, Bridges No. 127; 25 ea. 25OW, 48OV, HPS
ballast.
Graybar Electric Co., Amarillo--300 ea. 10-12,
reducing sleeve; 1,000' No. 8, THHN, black stranded
wire, 500' reels.
Temple, Inc.--100 ea. 1/0-477 alum. connector; 50
ea. 1/0 copper sleeve; 100 ea. 477 MCM deadend
assembly.
August 8, 1991
Page 569
Armstrong Electrical Supply Co,--175 ea. Neoprene
socket; 3,000' 1/0 600V wire, 100' coils; 150 ea.
IOOW, 120V, HPS ballast.
Motion was made by Councilwoman Baker, seconded by
Councilman Maloy to authorize low bids meeting
specifications. Motion carried: T Yeas; 0 Nays.
91-50B-569-493
(34.) BID #11397--Street Sweeper (Central Garage).
91-50B.-569-494
(35.)
Yellowhouse Machinery, Amarillo --I ea. mechanical
street sweeper Spec. 911.
Motion was made by Councilwoman Baker, seconded by
Councilman Maloy to authorize low bid meeting
specifications. Motion carried: T Yeas; 0 Nays.
RESOLUTION #3681
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock a
Contract by and between the City of Lubbock and M. J. Electric Systems
Control for structures and equipment for the Lubbock Power & Light South
Substation, 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 8th day of August, 1991.
s B. C. McMinn
B. C. McMINN, MAYOR
ATTEST„
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Gerie Eads
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
s ar�ol d Willard
Harold Willard, Assistant City
Attorney
August 8, 1991
Page 570
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 8th day of August, 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 M. J. Electric Systems Control of
the City of Iron Mountain, County of Dickinson, and the State of
Michigan, 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 hearing even date
herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence
and complete the construction of certain improvements described as
follows:
BID NO., 11357 LP&L South Substation Structures and Equipment (Electric
Distribution) in the amount of $339,061.00
and all extra work in connection therewith, under the terms as stated in
the contract documents and at his (or their) own proper cost and expense
to furnish all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance and other accessories and services
necessary to complete the said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days
after the date written notice to do so shall have been given to him and
to substantially complete same within the time specified in the contract
documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment on account thereof as provided
therein.
IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in Lubbock, Lubbock County, Texas in the year and day
first above written.
ATTEST:
s Rariette Boyd
Secretary
APPROVED AS TO CONTENT:
s Carroll McDonald
ATTEST:.
Secretary
COMPLETE ADDRESS: M. J. Electric
P.O. Box 788
Iron Mountain,
CITY OF LUBBOCK, TEXAS (OWNER)
/sZ B. C. McMinn
Mayor
APPROVED AS TO FORM:
/s/_Donald G. Vandiver
Isr S. Pontbriand
CONTRACTOR
By: S. Pontbriand
TITLE: Operations Manager
Systems Control
Michigan 49801
M.J. Electric Systems Control, Iron Mountain,
MI--1 Lt. Section 4: Switchboard Relaying.
August 8, 1991
Page 571
RESOLUTION #3682
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock a
Contract by and between the City of Lubbock and ABB Power Distribution,
Inc. for structures and equipment for the Lubbock Power & Light South
Substation, 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 8th day of August,1991.
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
I_sl Geine_Eads
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
s Harold Willard
Harold Willard, Assistant City
Attorney
CONTRACT
STATE OF TEXAS
161610 k 1al1 a t1:316I0
Is/ B. C. McMinn
B. C. MCMINN, MAYOR
-THIS AGREEMENT, made and entered into this 8th day of August, 1991
by and between the City of Lubbock, County of Lubbock, State of Texas,
acting by and through B.C. McMinn, Mayor, thereunt❑ authorized to d❑ so,
hereinafter- referred to as OWNER, and ABB Power Distribution of the City
of Sanford, County of Seminole, and the State of Florida, hereinafter
termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the OWNER
and under the conditions expressed in the bond bearing even date
herewith [if any] the CONTRACTOR hereby agrees with OWNER to commence
and complete the construction of certain improvements described as
follows:
BID NO. 11357 LP&L South Substation Structures and Equipment (Electric
Distribution) in the amount of $228,420.00
and all extra work in connection therewith, under the terms as stated in
the contract documents and at his (or their) own proper cost and expense
to furnish all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance and other accessories and services
necessary to complete the said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
August 8, 1991
Page 572
The CONTRACTOR hereby agrees to commence work within ten days
after the date written notice to do so shall have been given to him and
to substantially complete same within the time specified in the contract
documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment on account thereof as provided
therein.
IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in Lubbock, Lubbock County, Texas in the year and day
first above written.
ATTEST:
/s/ Ranette Boyd
Secretary
APPROVED AS TO CONTENT:
s of^rol l McDonald
ATTEST:
s Dori R. Madison
Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ B. C. McMinn
Mayor
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
/5/__Richard_T. Bocim
CONTRACTOR
By: Richard T. Bocim
TITLE: Vice -President -Marketing
COMPLETE ADDRESS: ABB Power Distribution
201 Hickman Drive
Sandford, Florida 32772-1978
ABB Power Distribution, Inc., Sanford, FL --I Lt.
Section 3: 15KV Metalclad Switchgear.
August 8, 1991
Page 573
RESOLUTION #3583
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock a
Contract by and between the City of Lubbock and Westinghouse Electric
Supply Company for structures and equipment for the Lubbock Power &
Light South Substation, 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 Sth day of August, 1991.
ATTEST:
LsL-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
COUNTY OF LUBBOCK
Is/ B. C. McMinn
B. C. McMINN, MAYOR
THIS AGREEMENT, made and entered into this Sth day of August, 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 Westinghouse Electric Supply
Company of the City of Lubbock, County of Lubbock, and the State of
Texas, hereinafter termed CONTRACTOR.
WITN17SSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the OWNER
and under the conditions expressed in the bond bearing even date
herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence
and complete the construction of certain improvements described as
follows:
BID NO. 11357 LP&L South Substation Structures and Equipment (Electric
Distribution) in the amount of $252,750.00
and all extra work in connection therewith, under the terms as stated in
the contract documents and at his (or their) own proper cost and expense
to furnish all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance and other accessories and services
necessary to complete the said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days
after the date written notice to d❑ so shall have been given to him and
to substantially complete same within the time specified in the contract
documents.
August 8, 1991
Page 574
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment on account thereof as provided
therein.
IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in Lubbock, Lubbock County, Texas in the year and day
first above written.
ATTEST: CITY OF LUBBOCK, TEXAS (OWNER)
s Ranette Boyd L$/ B. C. McMinn_
Secretary Mayor
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
ATTEST:
CONTRACTOR
Secretary
BY:
TITLE:
COMPLETE ADDRESS: Westinghouse Electric Supply Company
520 34th Street
Lubbock, Texas 79408
Westinghouse Electric Supply Co., Lubbock, TX --I Lt.
Section 2: Substation Steel, Buswork, and Grounding;
1 Lt. Section 5: Miscellaneous Materials &
Equipment.
RESOLUTION #3683A
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
Contractor by and between the City of Lubbock and Siemens Energy &
Automation of structures and equipment for LP&L South Substation,
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 8th day of August, 1991.
/s/ B. C. McMinn
B. C. MCMINN, MAYOR
ATTEST:
s Rariette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Geneie Eads
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
s Harold Willard
Harold Willard, Assistant City
Attorney
August S, 1991
Page 575
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this Sth day of August, 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 Siemens Energy & Automation of the
City of Lubbock, County of Lubbock, and the State of Texas, hereinafter
termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the OWNER
and under the conditions expressed in the bond bearing even date
herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence
and complete the construction of certain improvements described as
follows:
BID NO. 11357 LP&L South Substation Strucutures and Equipment in the
amount of $200,200.00
and all extra work in connection therewith, under the terms as stated in
the contract documents and at his (or their) own proper cost and expense
to furnish all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance and other accessories and services
necessary to complete the said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days
after -the date written notice to do so shall have been given to him and
to substantially complete same within the time specified in the contract
documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment on account thereof as provided
therein.
.IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in Lubbock, Lubbock County, Texas in the year and day
first above written.
ATTEST: CITY OF LUBBOCK, TEXAS (OWNER)
s Ranette Boyd
Secretary
APPROVED AS TO CONTENT:
s Carroll McDonald
ATTEST:
15/ M. S. Williamson
Secretary
Is1 B. C. McMinn
Mayor
APPROVED AS TO FORM:
Is/ -Donald G. Vandiver
Zs1 T. J. Malott
CONTRACTOR
By: T. J. Malott
TITLE: President
COMPLETE ADDRESS: Siemens Energy & Automation
3304 54th Street
Lubbock, Texas 79413
Siemens Energy & Automation, Lubbock, TX--1 Lt.
Section 1: 69 KV Circuit Breakers.
August 8, 1991
Page 576
Motion was made by Councilwoman Baker, seconded by
Councilman Maloy to authorize Resolution #'s 3681,
3682, 3683 and 3683A, and on recommendation of
Staff, to reject bid for Item 1 for 1 Lt. Section 1:
69 KV Circuit Breakers (the low bidding plant is on
strike and could not accept an order at this time).
Motion carried: 7 Yeas; 0 Nays.
91-50B-576-495
(36.) BID #11455--Wheat Seed (Land Application Site).
Seedco Corp.--200,000 lb. select beardless wheat
seed.
Motion was made by Councilwoman Baker, seconded by
Councilman Maloy to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
91-50B--576-496
(37.) BID #11457--Municipal Hill Fuel System, and
authorize same (Building Services).
RESOLUTION #3684
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock a
Contract by and between the City of Lubbock and White's Pump Service &
Supply for construction of a fuel site at Municipal Hill, 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 Bth day of August, 1991.
ATTEST:
s Rariette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Gerie Eads
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
s Harold Willard
Harold Willard, Assistant City
Attorney
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
/s/ B. C. McMinn
B. C. McMINN, MAYOR
THIS AGREEMENT, made and entered into this 8th day of August, 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 White's Pump Service & Supply of
the City of Lubbock, County of Lubbock, and the State of Texas,
hereinafter termed CONTRACTOR.
August 8, 1991
Page 577
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the OWNER
and under the conditions expressed in the bond bearing even date
herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence
and complete the construction of certain improvements described as
follows:
BID NO. 11457 Municipal Hill Fuel System (Building Services) in the
amount of $176,990.00
and all extra work in connection therewith, under the terms as stated in
the contract documents and at his (or their) own proper cost and expense
to furnish all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance and other accessories and services
necessary to complete the said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days
after the date written notice to do so shall have been given to him and
to substantially complete same within the time specified in the contract
documents.
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 dlocuments and to make payment on account thereof as provided
therein.
IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in Lubbock, Lubbock County, Texas in the year and day
first above written.
ATTEST: CITY OF LUBBOCK, TEXAS (OWNER)
ZsL Ranette Boyd /s1 B. C. McMinn
Secretary Mayor
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
ATTEST:
CONTRACTOR
Secretary
By:
TITLE:
COMPLETE ADDRESS: White's Pump Service & Supply, Inc.
P.O. Box 5126
Lubbock, Texas 79417-5126
Motion was made by Councilwoman Baker, seconded by
Councilman Maloy to authorize Resolution #3684 as
recommended by Staff. Motion carried: 7 Yeas; O
Nays.
August 8, 1991
Page 578
91-50B-578-497
(38.) BID #11473--ACM Abatement of Burlington Building at
L.I.A. and authorize same(Building Services).
RESOLUTION #3585
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock a
Contract by and between the City of Lubbock and Environmental
Reconditioning, Inc. for ACM Abatement of the Burlington Building at the
Lubbock; International Airport, attached herewith, which shall be spread
upon the minutes of the Council and as spread upon the minutes of this
Council shall constitute and be a part of this Resolution as if fully
copied herein in detail.
Passed by the City Council this 8th day of August, 1991.
ATTEST:
s Rartette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Zs/ Gene Eads
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
/s/ Hat -old Willard
Harold Willard, Assistant City
Attorney
CONTRACT
STATE OF TEAMS
COUNTY OF LUBBOCK
/s/ B. C. McMinn
B. C. McMINN, MAYOR
THIS AGREEMENT, made and entered into this 13th day of August,
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 Environmental
Reconditioning Inc., of the City of Albuquerque, County of Bernalillo,
and the State of New Mexico, hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the OWNER
and under the conditions expressed in the bond bearing even date
herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence
and complete the construction of certain improvements described as
follows:
BID NO. 11473 A.C.M. Abatement at L.I.A. Burlinton Building (Building
Services) in the amount of $47,250.00
and all extra work in connection therewith, under the terms as stated in
the contract documents and at his (or their) own proper cost and expense
to furnish all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance and other accessories and services
necessary to complete the said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
August 8, 1991
Page 579
The CONTRACTOR hereby agrees to commence work within ten days
after the date written notice to do so shall have been given to him and
to substantially complete same within the time specified in the contract
documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment on account thereof as provided
therein.
.IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in Lubbock, Lubbock County, Texas in the year and day
first above written.
ATTEST: CITY OF LUBBOCK, TEXAS (OWNER)
s Ra�netteBoyd I s1 B. C . McMinn
Secretary Mayor
APPROVED AS; TO CONTENT: APPROVED AS TO FORM:
/s/ Jarry Smith L_sL_Donald G. Vandiver
ATTEST:
JsZ Tad West
s Tad West CONTRACTOR
Secretary
By: Tad West
TITLE: Vice -President
COMPLETE ADDRESS: Environmental Reconditioning, Inc.
4200 Broadway S.E.
Albuquerque, New Mexico 87102
Motion was made by Councilwoman Baker, seconded by
Councilman Maloy to authorize Resolution #3685 as
recommended by Staff. Motion carried: 7 Yeas; O
Nays.
August 8, 1991
Page 580
91-5OB-580-498
(39.) BID #11441--Rehabilitation of Water Storage Tank,
and authorize same (Water Utilities).
RESOLUTION 43686
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock a
Contract by and between the City of Lubbock and Centennial Moisture
Control, Inc. for rehabilitation of a 5mg water storage tank, 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 Bth day of August, 1991.
ATTEST:
s Rariette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
11 Gene Eads
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
Isl Harold Willard
Harold Willard, Assistant City
Attorney
CONTRACT
STATE OF TEXAS
, IILIR► i 11 i4M:i+10
/s/ B. C. McMinn
B. C. McMINN, MAYOR
THIS AGREEMENT, made and entered into this 8th day of August, 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 Centennial Moisture Control of the
City of Dallas, County of Dallas, and the State of Texas, hereinafter
termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the OWNER
and under the conditions expressed in the bond bearing even date
herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence
and complete the construction of certain improvements described as
follows:
BID NO. 11441 Rehabilitation of Pump Station 44 - 5MG Water Tank (Water
Utilities) in the amount of $15,925.00
and all extra work in connection therewith, under the terms as stated in
the contract documents and at his (or their) own proper cost and expense
to furnish all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance and other accessories and services
necessary to complete the said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
August 8, 1991
Page 581
The CONTRACTOR hereby agrees to
after the date written notice to do s❑
to substantially complete same within
documents.
commence work within ten days
shall have been given to him and
the time specified in the contract
The 01:'111ER 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:
Is1 _Ranette_ Boyd
Secretary
APPROVED AS TO CONTENT:
LLMice Murphy
ATTEST:
Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
Is1 B. C. McMinn
Mayor
APPROVED AS TO FORM:
jsj Donald G. Vandiver
Is/ Joseph C. Tamer
CONTRACTOR
By: Joseph C. Tamer
TITLE: President
COMPLETE ADDRESS: Centennial Moisture Control
2832 Blystone Ln.
Dallas, Texas 75220
Motion was made by Councilwoman Baker, seconded by
Councilman Maloy to authorize Resolution #3686 as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
91-50B--581-4g9
(40.) BID #11464--Irrigation Parts, Annual Priging (Parks
and Recreation).
Western Industrial --Tar❑ Large Turf; Toro
Accessories, small turf; Rainbird Whole Goods,
Category I; Rainbird Whole Goods, Category 11;
Rainbird Whole Goods, Category III; Rainbird Whole
Goods, Category V; Rainbird Whole Goods, Category
VI; Rainbird Whole Goods, Category VII; Rainbird
Whole Goods, Category VIII; Rainbird Accessories,
Category I; Rainbird Accessories, Category II;
Rainbird Accessories, Category III; Rainbird
Accessories, Category V; Rainbird Accessories,
Category VII; Rainbird Accessories, Category VIII.
O'Tool Plastic Pipe--Weathermatic Whole Goods;
Weathermatic Repair Parts; Weathermatic Accessories;
Toro Whole Goods; Toro Repair Parts, small turf;
Toro Repair Parts, large turf; Toro Accessories,
large turf; Rainbird Accessories, Category IV;
Rainbird Accessories, Category VI.
Watermaster Irrigation--Rainbird Whole Goods,
Category IV; Rainbird Repair Parts.
August 8, 1991
Page 582
91-50B-582-5uO
(41.)
91-50B-582-501
(42.)
91-506--582-502
(44.)
91-508-582-5103
(45.)
91-50B-582-504
(46.)
91-50B-582-505
(12.)
Motion was made by Councilwoman Baker, seconded by
Councilman Maloy to authorize low bids meeting
specifications. Motion carried: 7 Yeas; O Nays.
BID #11456--Meal Service for Senior Citizens Center
(Parks and Recreation).
Servicemaster Company, Carrollton --Meal Food Service
for Senior Citizens Centers, delivered.
Motion was made by Councilwoman Baker, seconded by
Councilman Maloy to authorize low bid meeting
specifications. Motion carried: 7 Yeas; C Nays.
BID #11452--Globe Valves (Electric Production).
Vinson Supply Co., Amarillo --I ea. 2" globe valve; 4
ea. 1-1/2" globe valve; 6 ea. 1" globe valve; 12 ea.
3/4" globe valve; 24 ea. 112" globe valve.
Motion was made by Councilwoman Baker, seconded by
Councilman Maloy to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
Consider_ five appointments to the Civic Centers
Board. The terms of Dan Griffis, Mavis Miller, Bob
Nash, Sam Ogletree, and John Owens are due to expire
on August'1, 1991.
Motion was made by Councilman Phillips, seconded by
Councilman Maloy to reappoint Dan Griffis, Mavis
Miller, Bob Nash, Sam Ogletree, and John Owens to
the Civic Centers Board. Motion carried: 7 Yeas; 0
Nays.
Consider two appointments to the Airport Board. The
terms of Mary Beth Scull and Vilsen Salinas are due
to expire on August 11, 1991.
Motion was made by Councilman Phillips, seconded by
Councilwoman Trejo to appoint Emilio Abeyta and Dr.
Ron North to the Airport Board, Motion carried: 7
Yeas; 0 Hays.
Motion was made by Councilman Phillips, seconded by
Councilwoman Trejo to reappoint Becky Cannon to the
Lubbock MHMR Center Public Responsibility Committee.
Motion carried: 7 Yeas; 0 Hays.
Reopen the Public Hearing on the Energas rate change
request for the limited purposes of receiving the
Rate Study. Committee's Report and making inquiries
of Energas, if any.
August 8, 1991
Page 583
91-50B-583-506
(13.) Consider an Order setting rates for consumption of
gas sold by the Energas Company..
RESOLUTION AND ORDER #3687
WHEREAS, a Statement of Intent to increase rates within the City
of Lubbock was filed by Energas Company with the City Secretary on April
19, 199i; and
WHEREAS, the City Council of the City of Lubbock, sitting as a
regulatory authority under provisions of law, heretofore suspended the
implementation of such proposed rate increase in order that such
proposed rate increase might be studied and public comment received;
and
WHEREAS, such study has been completed and public comment has been
received; NOW THEREFORE:
BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT pursuant to the provisions of Vernon's Ann.Civ.St., art.
1446e, the Resolution of the City of Lubbock, Texas, dated the 9th day
of May, 1991, which suspended operation of the proposed rate increase of
Energas Company, as filed on April 19, 1991, is hereby withdrawn; and
THAT by this action Energas Company shall be entitled to place
into effect such rate tariffs as are attached hereto as Exhibit A at
such time after final passage of this Resolution and Order as shall be
deemed appropriate by Energas Company.
Passed by the City Council of the City of Lubbock this 8th day of
August., 1991.
Is/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST::
s Rariette Boyd
Ranette Boyd, City Secretary
APPROVED AS; TO CONTENT:
s Robert Massengale
Robert Massengale, Assistant City
Manager
APPROVED AS TO FORM:
s Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of Exhibit A and the Proposed Tariffs are filed with Resolution
No. 3687.
Mayor McMinn announced that the City Council would,
at this point, recess as City Council and would
reconvene sitting as a regulatory body. The public
hearing begun on June 13, 1991, concerning a
proposed rate change request by the Energas Company
was then reopened by the Mayor.
Cecil Puryear spoke in opposition to this request.
Kelvin Betzen, District Manager for Energas,
presented this request for rate change recommended
by the Rate Study Steering Committee.
August 8, 1991
Page 584
Robert Massengale, Assistant City Manager for
Financial Services, stated that on April 19, 1991,
Energas filed a rate change request of approximately
$6 million or 5.Wo with the City Council for a
proposed increase in overall revenues of the company
in the West Texas System.
Mr. Massengale stated that the 60+ cities on the
Energas West Texas System organized to study the
rate request. The law firm of Butler, Porter and
Gay and the Rate Firm of Diversified Utility
Consultants, Inc. were retained to study the
proposal and make a recommendation to the cities'
steering committee.
4n July 18, the consultants recommended to the
cities that the increase be no more than $2.291
million or a 2.1% increase. A negotiating committee
representing the cities began negotiations on a
compromise rate on July 19 and a settlement of $3.95
million annual base rate increase, or 3.7%, was
agreed on by the company and the committee.
According to Mr. Massengale, additional issues
agreed on in the negotiation included the following:
1. The Company will recognize service
charges revenues in calculating
franchise payments.
2. Energas will refrain from filing
another retail rate increase request
in the West Texas service area prior
to December 31, 1992, except to the
extent substantial State taxes may
be imposed.
3. The cities' rate case expenses will
not be surcharged to customers and
will be absorbed in the $3.95
million increase.
Motion was made by Councilman Maloy, seconded by
Mayor Pro Tem Patterson to authorize Resolution
#3687, approving rate request of 3.7% recommended by
the Rate Study Committee. Motion carried: 7 Yeas;
0 Nays.
Council reconvened as City Council.
91-50B-584-507
(14.) Hold --a Public Hearing concerning Proposed 1991-92
Budget for the City of Lubbock.
John Malouf, Chairman of the Board of City
Development spoke concerning the BCD's budget
request and gave a brief overview of their proposed
economic development program for the next fiscal
year.
City Manager Larry Cunningham gave a brief overview
of the City of Lubbock's 1991-92 Proposed Budget
stating that there would be no recommended increase
in the tax rate of 64, adding that most increases
in expenses are due to environmental mandates.
August 8, 1991
Page 585
The following spoke in opposition to the 1991-92
Proposed Budget:
SPARTAN members as follow: Mikel Ward,
Coordinator, David Vernon, Lynn Williams, and
Linda Davis.
Cecil Puryear
R.B. Terrell
Bob Nash spoke in favor of the proposed budget.
Debbie West appeared on behalf of the People for
Animal Welfare Society (PAWS) to thank the Mayor,
City Council and Staff for their support of this
organization.
Alice Kerr, Parks and Recreation Board member,
thanked the City Council for their support of
Lubbock parks.
John Simpson, Juvenile Probation Center, thanked the
City Council for approving implementation of a Gang
Unit in Lubbock.
Councilman Phillips stated that Lubbock's total tax
rate is lower than Amarillo.
Mayor McMinn stated his opinion that the City of
Lubbock is able to maintain the same tax rate
because of the efficient services of its employees
and added that a 4% increase in salaries is
well -deserved.
Councilman Aderton complimented City of Lubbock
services, alluding to a letter he received from a
citizen who commended the Streets and Solid Waste
departments for their services.
Mayor Pro Tem Patterson thanked City of Lubbock
employees and City Boards and Commissions members
for their service.
Councilwoman Trejo stated her assurance that the
City Council does not take the budget lightly and
that they thoroughly go through it before approving
it.
Councilwoman Baker thanked all those who spoke
concerning the budget.
Councilman Phillips complimented SPARTAN on their
good work and stated he concurred with most of what
they presented but cautioned that in the future
SPARTAN should have correct information before
presenting it.
August 8, 1991
Page 585
Mayor McMinn closed the hearing at 12:14 p.m.
According to Staff memo, property tax figures
included in the Proposed Budget were based on the
same assessed valuation as last year and estimates
are consistent with the preliminary figures provided
by the Lubbock Central Appraisal District. Since
the budget work sessions Staff has received the
Certified Tax Roll for 1992, and the final valuation
figures show an increase of approximately $15
million over the 1991 values. The additional
valuation will produce $96,495 more than anticipated
for the General Fund.
Staff recommended that this money be placed in the
ending fund balance in the General Fund due to
recent changes in the State law regarding the
Deferred Adjudication program now requires
participants to take defensive driving. Staff
advised that this will reduce the number of people
using the deferred adjudication program, thereby
reducing revenues. in light of this potential
revenue decline, Staff recommended placing the
additional revenue received from property tax
valuations in the ending fund balance rather than
allocating it to any specific projects or programs.
The amount of property tax going to the General Fund
in 1991-92 increases $1,378,017 over 1990-91 due to
an accounting change which shifts money from the
Debt Service Fund to the General Fund. This
reflects a change in the method of paying for
Enterprise Fund General Obligation Bonds. The net
result is an increase in property tax to the General
Fund and a decrease in transfers from the Enterprise
Funds but does not constitute a tax increase or a
windfall to the General Fund. The only increase in
property taxes comes from the .3% increase in
property values.
The Proposed Budget includes a sewer rate increase
of 9% effective October 1, 1991 necessary to handle
anticipated debt service for improvements at the
Water Reclamation Facility. The Sewer Rate
Ordinance includes the 9% rate increase for 1991-92
and also rate increases of 9% effective October 1,
1992 and 10% effective October 1, 1993. Beginning
in October 1992, sewer rates will be based on a cost
of service rate structure which will be recommended
by Staff and approved by Council later on this
fiscal year.
A rate increase approved last year will increase
Solid Waste residential collection rates from $8.00
to $8.50 per month effective October, 1991 and to
$9.00 in April, 1992. The current $8.00 per ton
landfill rate will increase to $8.50 per ton in
October, 1991. These rate increases will develop
the funding and reserves needed to comply with
current and future environmental regulations. The
rate increases were approved last year and will not
require City Council action this year.
August 8, 1991
Page 587
Since the duly 25 City Council Work Session, Staff
received notification of slightly higher certified
tax roll for 1992 than anticipated. Keeping the
Economic Development Fund share at $.03 will add
$4,746 to this fund. Staff recommended this
additional funding be placed in the Industrial
Development Reserve to be available for use at
Council discretion. This reserve is budgeted at
$227,416.
Property Tax Rate for 1991-92
The property tax rate is proposed to remain at 64�
per $100 of assessed valuation, the same rate since
1988-89 when it was increased to finance public
safety improvements. The Tax Rate Ordinance
allocates $.2367 to the Interest and Sinking Fund;
$.3733 to the General Fund; and $.03 to the Economic
Development Fund.
Sewer Rates
This Ordinance authorizes an increase of 9% in sewer
rates effective October 1, 1991, another increase of
9% in October, 1992, and a final increase of 10% in
October, 1993. For an average residential user,
(approximately 6,400 gal. per month) this increase
will cost an additional $.74 per month in 1991-92.
According to Staff memo, even with these increases,
Lubbock sewer rates compare favorably among major
Texas cities.
91-50B-587-508
(15.) Consider Ordinance #9471 adopting the _Proposed 1991-
92 Budget.
ORDINANCE #9471
AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR FISCAL YEAR
1991-92; APPROVING REVISED BUDGET FIGURES FOR FISCAL YEAR 1990-1991;
PROVIDING Fu° NECESSARY TRANSFERS OF FUNDS BETWEEN ACCOUNTS AND
DEPARTMENTS, IF REQUIRED; APPROPRIATING FUNDS FOR THE 1990-91 FISCAL
YEAR BUDGET OF THE CITY OF LUBBOCK; ESTABLISHING CIVIL SERVICE
CLASSII=ICATTONS; AND PROVIDING FOR A SAVINGS CLAUSE.
Motion was made by Councilwoman Baker, seconded by
Mayor Pro Tem Patterson to pass on first reading
Ordinance #9471 adopting the 1991-92 Budget as
reviewed by the Council and filed with the City
Secretary, with the following amendments:
In the General Fund, the additional
funding realized after receiving the
certified tax rolls ($96,495) be
placed in the ending fund balance.
In the Economic Development Fund,
the five agencies be funded at the
following amount:
Board of City Development
Business Development - $474,946
Center
Center for Innovation- $272,111
Lubbock Chamber of Commerce -
$296,883
August 8, 1991
Page 588
Lubbock Black Chamber of - $ 45,453
Entrepreneurs
COMA - $ 55,064
Texas Tech Small Business
Development Center
Counseling/Seminar - $ 75,000
Programs
Bid Procurement and - $ 40,000
Government Programs
Funding for these agencies totals $1,259,457. The
motion stipulated further that the balance of
$227,416 be placed in an Industrial Attraction
Reserve to be used at the discretion of Council for
direct industrial recruitment and retention
incentives and that the Convention & Visitors Bureau
be funded at $687,143.
Motion carried: 6 Yeas; 0 Nays --Councilman Maloy
absent from the Council Chambers.
91-50B.-588-509
(16.) Consider Ordinance #9472 setting the Tax Rate for
1991-92.
ORDINANCE #9472
AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX UPON ALL
PROPERTY SUBJECT TO TAXATION WITHIN THE CITY OF LUBBOCK, TEXAS, FOR THE
YEAR 1991, APPORTIONING SAID LEVY AMONG THE VARIOUS FUNDS AND ITEMS FOR
WHICH REVENUE MUST BE RAISED; FIXING THE TIME IN WHICH SAID TAXES BE
PAID A14D ASSESSING PENALTY AND INTEREST FOR NONPAYMENT OF SUCH TAXES
WITHIN THE TIME PROVIDED.
91-50B-•588-510
(17.)
Motion was made by Councilwoman Trejo, seconded by
Mayor Pro Tem Patterson to pass on first reading
Ordinance #9472 and to set the Ad Valorem tax rate
at W per $100 of assessed valuation as for the
past two years; and allocating the revenue as
designated in the proposed ordinance with 23.46� to
the Interest and Sinking Fund, 37.54¢ to General
Fund and 3� to the Economic Development Fund.
Motion carried: 6 Yeas; 0 Nays --Councilman Malay
absent from the Council Chambers.
ORDINANCE #9473
AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE
CITY OF' LUBBOCK, TEXAS, BY AMENDING SECTION 28-86 WITH REGARD TO RATES
CHARGED FOR SEWER SERVICE WITHIN THE CITY OF LUBBOCK; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
August S, 1991
Page 589
There being
by Mayor Pro
the meeting
Maloy absent
Motion was made by Councilman Phillips, seconded by
Mayor Pro Tem Patterson to pass on first reading
Ordinance #9473 adapting the Sewer Rate Ordinance as
proposed. This Ordinance will increase sewer rates
by 9% October, 1991, 9% October, 1992, and 10%
October, 1993. Revenue from these rates will enable
funding of the required improvements to the sewer
system and treatment facility. Motion carried: 6
Yeas; 0 Nays --Councilman Maloy absent from the
Council Chambers.
no further business to come before Council, motion was made
Tem Patterson, seconded by Councilman Aderton to adjourn
at 12:16 p.m. Motion carried: 6 Yeas; 0 Nays --Councilman
from the Council Chambers.
'C
�BC. MAc i ,Mayor
ATTEST:
Ra tte Boyd, ,ty S cre ry
Read and approved this 22nd day of August, 1991.
C
B.
C.
McRirAi,
M y
r
ATT SF.ST.
I
Rane to Boyd, City S cretary