HomeMy WebLinkAboutMinutes - City Council - Regular - 8/22/1991CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
AUGUST 22, 1991
10:00 A.M.
The City Council of the City of Lubbock, Texas met in regular session on
the 22nd day ❑f August, 1991 in the City Council Chambers, first floor,
City Hail, 1525 13th Street, Lubbock, Texas at 10:00 A.M.
Present: Mayor Pro Tem T. J. Patterson, Councilman Gary Phillips,
Councilman Bill Maloy, Councilwoman Joan Baker, Councilwoman Maggie
Trejo, City Manager Larry J. Cunningham, City Attorney John C. Ross,
Jr., and City Secretary Ranette Boyd.
Absent: Mayor B. C. McMinn and Councilman M. J. Aderton.
Mayor Pro Tem Patterson called the meeting to order at 10:00 A.M.
( 1.} The Invocation was given by Vaughn Hendrie, Director
❑f Community Relations.
( 2.y The Pledge of Allegiance was given in unison by
those in the Council Chambers.
[ 3.) Motion was made by Councilwoman Trejo, seconded by
Councilwoman Baker to approve the Minutes of the
August 8, 1991 Regular City Council meeting as
written. Motion carried: 5 Yeas; 0 Nays.
( 4.) Board Appointments
91-50B.-591-511
( 5.)
Allison Davis appeared to request a Loudspeaker
Permit for August 24, 1991 in conjunction with a
block party in the 3100 block of 29th Street. A
live band will perform in the front yard ❑f 3113
29th Street with the speakers facing 28th Street.
Although the permit application allows for a time
period ❑f 8:00 p.m.-11:00 p.m., Ms. Davis indicated
the music should end about 10:00 p.m.
According to Ms. Davis, approval was given by all
residents ❑f the 3100 block of 29th Street, and
residents across the alley ❑n both 28th and 30th
Streets.
Staff recommended approval.
Motion was made by Councilwoman Baker, seconded by
Councilman Maloy to approve issuance ❑f a
Loudspeaker Permit to Allison Davis for August 24,
1991 from 8:00 p.m.-11:00 p.m. Motion carried: 5
Yeas; 0 Nays.
August 22, 1991
Page 592
91-50B-592-512
7.) ORDINANCE #9470--Authorizing the removal of the
traffic signal at 58th Street and Avenue_U.
0RDINANCE #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.
Motion was made by Councilwoman Trejo, seconded by
Councilwoman Baker to pass on second and final
reading Ordinance #9470 as recommended by Staff.
Motion carried: 5 Yeas; 0 Nays.
91-50B--592-513
[ $.} 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 FOR 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
CLASSIFICATIONS; AND PROVIDING FOR A SAVINGS CLAUSE.
Motion was made by Councilwoman Trejo, seconded by
Councilwoman Baker to pass on second and final
reading Ordinance #9471 as recommended by Staff.
Motion carried: 5 Yeas; 0 Nays.
91-50B--592-514
( 9.) ORDINANCE #9472--Setting the tax rate far 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 AND ASSESSING PENALTY AND INTEREST FOR NONPAYMENT OF SUCH TAXES
WITHIN THE TIME PROVIDED.
Motion was made by Councilwoman Trejo, seconded by
Councilwoman Baker to pass on second and final
reading Ordinance #9472 as recommended by Staff.
Motion carried: 5 Yeas; 0 Nays.
91-50B--592-515
(10.) ORDINANCE 49473--Amending Chapter 28 of the Code of
Ordinances with regard to rates charged for sewer
service.
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.
Motion was made by Councilwoman Trejo, seconded by
Councilwoman Baker to pass on second and final
reading Ordinance #9473 as recommended by Staff.
Motion carried: 5 Yeas; 0 Nays.
August 22, 1991
Page 593
91-50B-593-516
(14.)
RESOLUTION #3688
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 said City an Addendum to
Drainage Easement to be entered into by and between the City of Lubbock
and Esrondiuo Oil, Inc., attached herewith, which shall be spread upon
the minutes of the Council and as spread upon the minutes of this
Council shell constitute and be a part of this Resolution as if fully
copied herein in detail.
Passed by the City Council this 22nd day of August, 1991.
Is1 T. J. Patterson
T. J. Patterson, Mayor Pro-Tem
for B. C. McMINN, MAYOR
ATTEST:
IsZ Rarrette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s J. Robert Massengale
J. Robert Massengale, Assistant City
Manager for Financial Services
APPROVED AS TO FORM:
Is/ John C. Ross, Jr.
.barn C. Ross, Jr., City Attorney
Is/ J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
ADDENDUM TO DRAINAGE EASEMENT
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
WHEREAS, the City of Lubbock, a Texas home rule municipality
located in Lubbock County, Texas, hereinafter called "City" entered into
a Drainage Easement agreement with Sentry Savings Association and
several) other financial institutions collectively called "Grantors" in
said Drainage Easement agreement recorded in Volume 2655, Page 59 of the
Real Property Records of Lubbock County, Texas, which agreement is
hereby incorporated herein by reference and made a part hereof as if
fully copied herein in detail in this place for a more particular
description of the terms thereof; and
WHEREAS, under the terms of said Drainage Easement, the City paid
Grantors $I41,000.00 for said Drainage Easement and the Grantors
escrowed $110,000.00 for the purposes of developing a public park under
the terms of said Drainage Easement; and
August 22, 1991
Page 594
WHEREAS, said Grantors, or their respective successors in
interest, have conveyed certain real estate in Section 11, Block E-2,
Lubbock County, Texas, unto Escondido Oil, Inc., herein called
"Escondido" by Special Warranty Deed dated August 7, 1991, and, thereby,
Escondido has succeeded by reason of said conveyance to the title to
said real estate and the escrow funds in the amount of $110,000.00 plus
interest thereon as provided for in said Drainage Easement and subject
to the terms thereof; and
WHEREAS, by reason of the prior existence of a private landfill,
there was created a present need for environmental investigations and
data and interpretations of such data in connection with said private
landfill site, located within the area of said real estate conveyed to
Escondido iin order that said area could be more appropriately and
properly developed, the expense of which environmental investigations
and related matters were borne by Escondido in the amount of $39,370.65,
which has caused a change in circumstances and conditions totally
unforeseen by the parties to said original Drainage Easement, which
calls for an addendum to said Drainage Easement for the purposes of
reallocating the use of the $110,000.00 plus interest escrow fund above -
described; and
WHEREAS, Escondido as the successor in interest to the Grantors in
the aforesaid Drainage Easement and the City as Grantee in said Drainage
Easement are the appropriate and legal present parties with the right to
enter into this addendum to said Drainage Easement; NOW THEREFORE:
KNOW ALL MEIN BY THESE PRESENTS:
THAT in consideration of the covenants made and to be performed by
City and Escondido pursuant to said Drainage Easement, City and
Escondido do hereby contract and agree to the following addendum to said
Drainage Easement as follows:
(1) Because of the changes of circumstances and conditions in
connection with environmental investigations described in the
preamble hereof above, Escondido shall be paid $39,370.65 out of
said $110,000.00 plus interest escrowed funds to reimburse
Escondido for its expense in conducting environmental
investigations as aforesaid. This payment shall be made as soon
as said escrow funds can be practicably accessed by the City and
Escondido.
(2) The remainder of said $110,000.00 plus interest escrow funds
existing after the payment to Escondido in the amount of
$39,370.65 next -above described, shall remain in escrow to be
expended on park development or paid to the City of Lubbock if no
park is developed (as the case may be) in accordance with the
original terms of said Drainage Easement.
(3) Except as changed or modified specifically by this addendum, said
Drainage Easement shall remain in all other respects the same.
August 22, 1991
Page 595
(4) This addendum (in addition to said Drainage Easement) is also a
covenant running with the land, and is binding on the successors
and assigns of the City and Escondido.
EXECUTED this 15th day of August, 1991.
City of Lubbock
By:Is1 T. J. Patterson
T. J. Patterson, Mayor Pro-Tem
for B. C. McMINN, MAYOR
ATTEST:
Zsl Rariette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
LsL J. Robert Massengale
Robert Massengale, Assistant City
Manager for Financial Services
APPROVED AS TO FORM:
LsL John C. Ross, Jr.
John C. Ross, Jr., City Attorney
/s/ ,J. Worth Fullin im
J. Worth Fullingim, Assistant City
Attorney
Escondido Oil, Inc.
By:Is1 H. A. Sessions
H. A. Sessions
President
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, personally appeared T. J.
Patterson, Mayor Pro-Tem of the City of Lubbock, and acknowledged to me
that he executed the above and foregoing instrument for the purposes and
consideration therein expressed and in the capacity therein stated as
the act and deed of said City this 22nd day of August, 1991.
Is1 Olivia R. Solis
Notary Public in and for the
State of Texas
[Seal ] Olivia R. Solis
Typed or Printed Name of Notary
August 22, 1991
Page 596
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, personally appeared H. A.
Sessions, President of Escondido Oil, Inc., a Corporation, and
acknowledged to me that he executed the above and foregoing instrument
for the purposes and consideration therein expressed and in the capacity
therein stated as the act and deed of said Corporation this 15th day of
August„ 1991.
/s1 Wm. Mark Thompson
Notary Public in and for the
State of Texas
[Seal] Wm. Mark Thompson
Typed or Printed Name of Notary
On October 7, 1987, the City of Lubbock entered int❑
a Drainage Easement Agreement with Century Savings
Association, located between Memphis, 82nd Street,
Quaker Avenue, and Loop 189. Upon execution of that
Agreement the property owner, Sentry Savings, placed
$110,000 in an interest -bearing account to be used
with the accrued interest for the development of a
park area. The park was t❑ have been completed
within 5 years of the execution of the Agreement ❑r
by October 7, 1992.
In the event that Sentry Savings failed to develop a
park acceptable to the City within 5 years they were
to pay the City the $110,000 plus interest. The
Lease Agreement provided that if any ❑ther person
succeeded as owner of the property, then Sentry
would transfer all rights, titles, interest, and
obligations in the escrow funds so that the new
owner could perform according to the Agreement.
Recently, the City was approached with a new housing
development for this parcel of land tailed Kings
Park. According to the new owners the development
is valued at approximately $30 million, including
approximately 150 residential lots; 225,000 square
feet of office space; and 351,000 square feet of
commercial space.
The request was for the City to assume the title for
an 11-acre landfill located along Quaker Avenue, and
t❑ develop it int❑ a park in conjunction with the
Playa Lake. Prior to considering the request and in
order for the property development evaluation, it
was recommended that an environmental assessment on
the landfill be completed. That assessment,
including the drilling of methane and gas wells,
water analysis and waste characterization borings,
has been completed at a cost of $39,370.65.
As a result of the environmental assessment, the
City of Lubbock declined the offer to acquire and
Escondido Oil requested reimbursement for the
environmental assessment at $39,370.65 from the
$110,000 escrowed for a park. Escondido Oil will be
obligated to use the remainder of the escrow account
to develop that parcel into landscaped ❑pen space
and will assume responsibility to perform the
obligations of the grantor under the Drainage
Easement.
August 22, 1991
Page 597
91-5OB-597-517
(15.)
Staff recommended approval.
Motion was made by Councilwoman Baker, seconded by
Councilman Maloy to authorize Resolution #3688 as
recommended by Staff. Motion carried: 5 Yeas; 0
Nays.
RESOLUTION #3689
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality
located in Lubbock County, Texas, has determined and does hereby
determine that the public needs and welfare demand and create a public
necessity for the acquisition of additional land for public purposes and
municipal purposes, to -wit: a temporary working easement for use in
connection with the construction of a sanitary sewer line, and this City
Council of said City finds it in the public interest and for public
purposes and municipal purposes to proceed with the acquisition of such
temporary working easement as aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
:SECTION 1. THAT a temporary working easement in, along, on, over,
upon, under and across the following tracts of land located in the
Lubbock County, Texas, be acquired for public purposes and municipal
purposes as set forth in the preamble hereof, to -wit:
TRACT 1
A temporary working easement 25.00 feet in width and more
particularly described as follows:
BEGINNING at a point which bears South a distance of 256.23
feet and East a distance of 25.00 feet from the Northwest
corner of the Northeast 1/4 of Section 3, Block A, Lubbock
County, Texas;
THENCE East a distance of 25.00 feet to a point;
THENCE South a distance of 1220.77 feet to a point;
THENCE West a distance of 25.00 feet to a point;
THENCE North a distance of 1220.77 feet to the POINT OF
BEGINNING.
TRACT 2
A temporary working easement 25.00 feet in width and more
particularly described as follows:
BEGINNING at a point which bears East a distance of 25.00
fleet from the Southwest corner of the Southeast 1/4 of
Section 6, Block A, Lubbock County, Texas;
THENCE North a distance of 2642.00 feet to a point;
THENCE East a distance of 25.00 feet to a point;
THENCE South a distance of 2642.00 feet to a point;
THENCE S. 89038143" W. a distance of 25.00 feet to the POINT
OF BEGINNING.
August 22, 1991
Page 598
SECTION 2. THAT the owners of said tracts, being PAUL EDWARD
CROSNOE, JR., C. W. TEAL and ED TEAL, BE offered through the
Right -of -Way Department of the City of Lubbock the amount of $7,500.00,
which is the amount appraised as the value and total damages for the
acquisition of an easement in, along, on, over, upon, under and across
said real estate hereinabove described for the use and benefit of the
City of Lubbock, Texas, for the purposes herein stated, and unless
accepted forthwith, the City Attorney of said City of Lubbock is hereby
authorized and instructed to institute condemnation (eminent domain)
proceedings to acquire such easement.
Passed by the City Council this 22nd day of August, 1991.
IsZ T. J. Patterson
T. J. Patterson, Mayor Pro-Tem
for B. C. McMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVE=D AS TO CONTENT:
5 Ed Buc—
Ed Bucy, Right -of -Way Department
APPROVED AS TO FORM:
Is/ Hay -old Willard
Harold 'Willard, Assistant City
Attorney
At their June 13, 1991 meeting, Council approved the
acquisition of Permanent and Working Sanitary Sewer
Line Easements from Teal and Crosnoe to serve the
proposed Lubbock County Correctional Facility. Work
on this line began last week, and due to the depth
and size of the sewer line an additional 25' of
Working Easement is needed as follows:
In Section 3, 25' X 1,220.77', or 30,519.25 sq. ft.
(.7006 acres), and in Section 6, 25' X 2,642' or
66,050 sq. ft. (1,516 acres) is needed. Total land
area requested for this additional Working Easement
is 2.217 acres, the majority of which is in existing
cotton field and will interrupt farming operations.
They also farm the tract to the north owned by
Culver Austin which will require an additional 25'
Working Easement, 847.7' in length (21,192.5 sq.
ft.).
After negotiation, Teal and Crosnoe verbally agreed
to $6,250. (The first Working Easement cost the
City $.059 per square foot, and this new Working
Easement would have cost slightly less at $.053 per
square foot.) However, last week they met on site
to inspect the additional rights -of -way requested
and made a firm offer for $7,500. They informed
Staff that more than the additional 25' Working
Easement area will be utilized in this pipeline
installation and a greater amount of crop damage
than anticipated will occur. They informed Staff of
a previous instance involving the Canadian River
pipeline installation across their property, oil
well site installations, and flow lines.
August 22, 1991
Page 599
91-50B-599-518
(16.)
Acquiring this Easement will allow the City to
continue sewer line installation without
interruption and Staff recommended an offer to
Crosnoe and Teal for $7,500.
Motion was made by Councilwoman Trejo, seconded by
Councilwoman Baker to authorize Resolution #3689 as
recommended by Staff. Motion carried: 5 Yeas; 0
Nays.
(3800 East Municipal Drive).
RESOLUTION #3690
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality
located in Lubbock County, Texas, has determined and does hereby
determine that the public needs, safety and welfare demand and create a
public necessity for the acquisition of additional land for municipal
public uses; and purposes, to -wit: a perpetual and permanent drainage
easement for the free and unobstructed drainage of surface waters in,
upon, along, over and across property located in Lubbock County, and the
City Council of said City finds it in the public interest and for public
purposes and municipal purposes to proceed with the acquisition of a
drainage easement as needed for such purposes as aforesaid; NOW
THEREFORE:
BE I-f RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT a drainage easement in, upon, along, over and
across the following tract of land located in Lubbock County, Texas, be
acquired for public purposes and municipal purposes as set forth in the
preamble hereof, to -wit:
BEGINNING at a point which is S 89'J52'00" E 554.04 feet and N
65110130" E 1,689.50 feet from the SW corner of Section 41, Block
A, Lubbock County, Texas;
THENCE S 241249'30" E a distance of 100 feet to a point;
THENCE S 651210'30" W a distance of 25 feet to a point;
THENCE N 241249'30" W a distance of 100 feet to a point;
THENCE N 6511010" E a distance of 25 feet to the POINT OF
BEGINNING.
August 22, 1991
Page 600
SECTION 2. THAT the owners of said tract, including HAROLD
STOTTS, BE offered through the Right -of -Way Department of the City of
Lubbock the amount ❑f $1,800.00, which is the amount appraised as the
value and total damages for the acquisition of a drainage easement in,
upon, along, over and across said real estate hereinabove described, for
the use and benefit of the City ❑f Lubbock, Texas, for the purposes
herein stated, and unless accepted forthwith, the City Attorney of said
City ❑f Lubbock is hereby authorized and instructed t❑ institute
condemnation (eminent domain) proceedings to acquire the said drainage
easement as hereinabove described for public purposes and municipal
purposes.
Passed by the City Council this 22nd day of August, 1991.
/s/ T. J. Patterson
T. J. Patterson, Mayor Pro-Tem
for B. C. McMINN, MAYOR
ATTEST„
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/EdB_cv
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
s J. Worth Fullinaim
J. Worth Fullingim, Assistant City
Attorney
Harold Stotts is owner and grantor of this 25' wide
Drainage Easement along the north side ❑f the 3800
black ❑f East Municipal drive, to the east of Guava
Avenue. This was formerly a 100' wide elevated
track right-of-way for the Crosbyton and South
Plains Railroad and was purchased by Stotts for its
sand and gravel material.
Stotts' property divides the playa lake to the north
on the County's proposed prison site and blocks the
northward flow ❑f water from Municipal Drive. After
a big rain, a lake forms ❑n the south side of this
railroad right-of-way and makes East Municipal Drive
impassable and by obtaining this Easement to open a
drainage channel, East Municipal Drive will remain
passable.
The Street Department operating ❑n the assumption
that all land to the north ❑f Municipal Drive was
the County's, cut a hole through Stotts' right-of-
way without his permission.
At their June 13, 1991 meeting, Council approved the
acquisition of a 20' wide Sanitary Sewer Line
Easement from Stotts, a few hundred feet to the east
through the same railroad right-of-way for which he
had tentatively agreed to $200. However, during a
recent site visit, Mr. Stotts discovered the
drainage channel which had been cut through his
property and informed Staff that he would accept
$2,000 for both the Drainage and the Sanitary Sewer
Easements. Staff's counter of $1,50Q was refused.
August 22, 1991
Page 601
91-506-601-519
(17.)
Staff recommended an offer of $2,000 for a 25' wide
Drainage Easement, a 20' wide Sanitary Sewer Line
Easement, and a 30' wide Sanitary Sewer Line Working
Easement.
Motion was made by Councilman Phillips, seconded by
Councilman Maloy to authorize Resolution #3690 as
recommended by Staff. Motion carried: 5 Yeas; 0
Nays.
RESOLUTION #3691
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality
located in Lubbock County, Texas, has determined and does hereby
determine that the public needs and welfare demand and create a public
necessity for the acquisition of additional land for a temporary working
easement for use in connection with the construction and installation of
a sanitary sewer line, and this City Council of said City finds it in
the ;public interest and for public purposes and municipal purposes to
proceed with the acquisition of such temporary working easement as
aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT a temporary working easement in, upon, along,
over, under, along and across the following described tract ❑f land
located in Lubbock County, Texas, be acquired for public purposes and
municipal purposes as set forth in the preamble hereof, to -wit:
A temporary working easement 25.00 feet in width and more
particularly described as follows:
BEGINNING at a point which bears East a distance of 25.0O
feet from the Northwest corner of the Northeast 1/4 of
Section 6, Block "A," Lubbock, Lubbock County, Texas;
THENCE N. 89*52' E. a distance ❑f 25.00 feet to a point;
THENCE South a distance ❑f 2642.00 feet t❑ a point;
THENCE West a distance of 25.00 feet to a point;
THENCE North a distance of 2642.00 feet to the POINT OF
BEGINNING.
August 22, 1991
Page 602
SECTION 2. THAT the owner of said tract, being LENA B. FOSTER, a
widow, BE offered through the Right -of -Way Department of the City of
Lubbock the amount of $500.00, which is the amount appraised as the
value and total damages for the acquisition of a temporary working
easement in, upon, over, under, along and across said real estate
hereinabove described, for the use and benefit of the City of Lubbock,
Texas, for the purposes herein stated, and unless accepted forthwith,
the City Attorney of said City of Lubbock is hereby authorized and
instructed to institute condemnation (eminent domain) proceedings to
acquire such easement.
Passed by the City Council this 22nd day of August, 1991.
Is/ T. J. Patterson
T. J. Patterson, Mayor Pro-Tem
for B. C. MCMINN, MAYOR
ATTEST„
Isl Raiaette Roy
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
5 Ed Bucy
Ed Bucy, Right -of -Way Department
APPROVED AS TO FORM:
s Ha -old Willard
Harold Willard, Assistant City
Attorney
This Resolution authorizes a 25' temporary Sanitary
Sewer Line Working Easement in addition to
previously acquired Easements to serve the County
Correctional facility. According to Staff memo, due
to the depth of this line, more working area is
needed and the area to be acquired from Mrs. Foster
is 25' by 2,642 sq. ft. or 66,005 sq. ft. (1.516
acres). Staff recommended an offer of $500 plus
some removal work on an old blow dirt fence area in
the easement right-of-way. Staff recommended
approval.
Motion was made by Councilwoman Baker, seconded by
Councilwoman Trejo to authorize Resolution #3691 as
recommended by Staff. Motion carried: 5 Yeas; 0
Nays.
9I-50B-602-520
(18.) Consider Resolution #3692 authorizing the Right -Of -
Way Department to make an offer to Louis Hodges
Isbell for a Sanitary Sewer Line Working Easement
located in Section 3. Block A (3802 East Erskine).
RESOLUTION #3692
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality
located in Lubbock County, Texas, has determined and does hereby
determine that the public needs and welfare demand and create a public
necessity for the acquisition of additional land for public purposes and
municipal purposes, to -wit: a temporary working easement for use in
connection with the construction and installation of a sanitary sewer
line, and this City Council of said City finds it in the public interest
and for public purposes and municipal purposes to proceed with the
acquisition of such temporary working easement as aforesaid; NOW
THEREFORE:
August 22, 1991
Page 603
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT a temporary working easement in, along, on, over,
upon, under and across the following described tract of land located in
Lubbock County, Texas, be acquired for public purposes and municipal
purposes as set forth in the preamble hereof, to -wit:
A temporary working easement 25.00 feet in width and more
particularly described as follows:
BEGINNING at a point which bears East a distance of 25.00
feet from the Northwest corner of the Northeast 1/4 of
Section 3, Block A, Lubbock County, Texas;
THENCE N. 89038143" E. a distance of 25.00 feet to a point;
THENCE South a distance of 256.23 feet to a point;
THENCE S. 89°38'43" W. a distance of 25.00 feet to a point;
THENCE North a distance of 256.23 feet to the POINT OF
BEGINNING.
SECTION 2. THAT the owner of said tract, being LOUISE HODGES
ISBELL, BE: offered through the Right -of -Way Department of the City of
Lubbock the! amount of $200.00, which is the amount appraised as the
value and total damages for the acquisition of a temporary working
easement in, along, on, over, upon, under and across said real estate
hereinabove described, for the use and benefit of the City of Lubbock,
Texas, for the purposes herein stated, and unless accepted forthwith,
the City Attorney of said City of Lubbock is hereby authorized and
instructed to institute condemnation (eminent domain) proceedings to
acquire such easement.
Passed by the City Council this 22nd day of August, 1991.
Is1 T. J. Patterson
T. J. Patterson, Mayor Pro-Tem
for B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS. TO CONTENT:
Zsl =d Bucy
Ed Bucy, Right -of -Way Department
APPROVED AS TO FORM:
Is/ jiarold Wi11and
Harold 'Willard, Assistant City
Attorney
This 25' Working Easement is for additional area for
previously acquired Easements to serve the proposed
County Correctional facilities. Area of this
Working Easement is 25' by 256.23' or 6405.75 sq.
ft. (.147 acre) and the recommended amount being
offered to Mrs. Isbell is $200 for this temporary
Easement.
Motion was made by Councilwoman Trejo, seconded by
Councilman Phillips to authorize Resolution #3692 as
recommended by Staff. Motion carried: 5 Yeas; 0
Nays.
August 22, 1991
Page 604
91-50B-604-521
( 6.)
A. Consider Resolution #3693 approving.
the Lubbock Emergency Communication
District 1991-92 Budget.
RESOLUTION #3693
WHEREAS, in accordance with VTCS 1432e the voters within Lubbock
County have approved the creation of the county -wide Lubbock Emergency
Communication District in an election for such purpose April 5, 1986;
and
WHEREAS, the Board of Managers of the Lubbock Emergency
Communication District have voted for approval and recommend the
approval of all other jurisdictions of the Lubbock Emergency
Communication District's Budget for Fiscal Year 1991/92, as attached
hereto, and set the service fee rate at 4.5% of the base rate as defined
by VTCS 1432e Section 11(b); NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City ❑f Lubbock hereby approves the Lubbock Emergency
Communication District's Budget for Fiscal Year 1991/92, as attached
hereto, and setting the service fee rate at 4.5% of the base rate as
provided by Sec. 772.314(c) ❑f the Health and Safety Code.
Passed by the City Council of the City of Lubbock the 22nd day of
August., 1991.
Is1 T. J. Patterson
T. J. Patterson, Mayor Pro-Tem
for B. C. McMINN, MAYOR
ATTEST:
s Rariette Boyd
Ranette Body, City Secretary
APPROV17D AS TO CONTENT:
s Bi 11.1 _Payne
Bill Payne, Director of
Communication Services
APPROVED AS TO FORM:
s Dorial d G Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of the Budget for FY 1991/92 is filed with Resolution No. 3693.
Bill Payne, Chairman of the Board of Managers,
presented the 1991-92 Budget for the Lubbock
Emergency Communication District and requested
approval.
The District, created by an election held in 1986,
provides telephone facilities and equipment for
Public Safety Answering Points in Lubbock County to
receive Enhanced 9-1-1 telephone calls for emergency
services. The District is required by law to
present its proposed budget to governments it serves
for approval.
August 22, 1991
Page 605
Funds for District operations are obtained from a
9-1-1 fee collected by telephone companies which
serve citizens of the District. The proposed budget
does not require an increase in the service fee and
is proposed at $733,091 for 1991-92; the debt for
the District is planned to be retired next year.
This year, in addition to the basic 9-1-1 service,
voice recording equipment was purchased by the
District for the Primary and Secondary Answering
Points. The City of Lubbock Communication Center
was provided with recording equipment valued at
$57,512.
The business of the District is being managed by
Bill Payne, Chairman of the Board of Managers, due
to the recent death of Bill Johnson who was
Executive Director of the District.
Motion was made by Councilwoman Baker, seconded by
Councilman Maloy to approve the Lubbock Emergency
Communication District 1991-92 Budget. Motion
carried: 5 Yeas; 0 Hays.
91-508-605-522
(19.) Consider setting the date and time for the Community_
Development Block Grant Interim Allocation Public
Hearing.
91-50B-605-523
(20.)
In keeping with the required citizen participation
program as recommended by HUD, a public hearing is
proposed to be held in order to allocate available
CDBG funds to interim projects. This public hearing
is to provide citizens the opportunity to comment on
the proposed expenditure of Community Development
funds. Staff recommended the time and date of the
public hearing be set for 11:00 a.m. on September
25, 1991.
Motion was made by Councilwoman Baker, seconded by
Councilwoman Trejo to set the date and time of the
Community Development Block Grant Interim Allocation
Public Hearing for September 25, 1991 at 11:00 a.m.
as recommended by Staff. Motion carried: 5 Yeas; 0
Nays.
This is a routine sale of property by the Urban
Renewal Agency to Ruby Glaspie for $300. This
property is to be used for an addition to an
existing single family residence and is properly
zoned. The proposed sale is submitted according to
the Marketing Plan for the Chatman Hill area adopted
by the Urban Renewal Board of Commissioners on
August 15, 1989.
Motion was made by Councilman Phillips, seconded by
Councilwoman Baker to accept the price and
conditions of sale of Parcel Number 78990-7-13 at
1711 East 29th Street in the Chatman Hill Urban
Renewal Area as recommended by Staff. Motion
carried: 5 Yeas; 0 Nays.
August 22, 1991
Page 606
91-50B-606-524
(21.) Consider Resolution #3694 authorizing the Mayor to
execute Change Order #1 to the Contract with Acme
Electric.
RESOLUTION #3694
WHEREAS, the City Council of the City of Lubbock deems it to be in
the best interest of the health, safety and welfare of the citizens of
the City of Lubbock to enter into an Agreement with the Acme Electric
Company to execute Change Order No. 1 and thereby correct wages paid to
workers under AIP Project No. 3-48-0138-08 to reflect wage rates
contained in Supersedes General Wage Decision TX 89-39, MOD1, (April 21,
1989); NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock Change
Order No. 1 to AIP Project No. 3-48-0138-08 by and between the City of
Lubbock and the Acme Electric Company, 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 22nd day of August, 1991.
/s/ T. J. Patterson
T. J. Patterson, Mayor Pro-Tem
for B. C. McMINN, MAYOR
ATTEST:
s R rie_tte Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Is/ Bern Case
Bern Case, Director of Aviation
APPROVED AS TO FORM:
s nt;hony J. Williams
Anthony J. Williams, Assistant City
Attorney
August 22, 1991
Page 607
CHANGE ORDER NO. 1
Airfield Lighting Improvements
RIP Project No. 3-48-0138-08
Lubbock International Airport
Lubbock, Texas
July 1, 1991
To: ACME ELECTRIC COMPANY
P..O. Box 16183
Lubbock, Texas 79490
General description of work included in the Contract:
InStallation of taxiway lighting, electrical manholes, wiring,
conduit and ducts, electrical vault equipment, runway and taxiway
signing, pavement sensor monitoring system and lighting circuit
insulation monitoring system, rehabilitation of the airport
rotating beacon and tower, and other related items of work.
Original Amount of Contract ............. .$1,298,698.94
Change Order No. 1.....................Add. 21,854.00
Total Adjusted Contract Amount ....... $1,320,552.94
WHEREAS, it; is desirable to make certain changes in the work included
under this project:
THIS AGREEMENT WITNESSETH: In consideration of the mutal advantage
gained, the Owner and the Contractor agree to the changes indicated
below and further agree to the changes indicated below and further agree
that the amount of the contract shall be adjusted by the amount shown
above.
1. Correction of wages paid to workers on the project to
reflect wage rates contained in Supersedes General
Wage Decision TX 89-39, MOD1, dated April 21, 1989.
ADD ..................................$ 21,854.00
The aforementioned changes and work affected thereby are subject to all
contract stipulations and covenants.
The Owner and the Contractor agree that there will not be an adjustment
to the time allowed for completion of the project for the above listed
changes.
August 22, 1991
Page 608
IN WITNESS THEREOF, the Owner and the Contractor have hereto set their
hand this 22nd day of August, 1991.
RECOMMEND: PARKHILL, SMITH & COOPER, INC., Consulting Engineers
By: Is/_.Terry G. Bilderback, Project Engineer, 07-01-91
APPROVED: ACME ELECTRIC COMPANY, Contractor
By: s Gary Brown, President, 07-02-91
APPROVED: CITY OF LUBBOCK, TEXAS, Owner
By: Isj T. J. Patterson, Mayor Pro-Tem, 08-22-91
ATTEST„ Is/ Ranette Boyd
Ranette Boyd, City Secretary
APRPOVED: AS TO CONTENT
Os/ Bern Case
Bern Case, A.A.E.
Director of Aviation
Change order #1 to the Acme Electric Contract is for
an additional $21,854 for increased wage rates
resulting from revisions to the Department of Labor
Wage Rates dated April 21, 1989. The Department of
Labor required the updated wage rates, and the FAA
reviewed and accepted this change. Staff
recommended approval.
Motion was made by Councilwoman Baker, seconded by
Councilman Maloy to authorize Resolution #3694 as
recommended by Staff. Motion carried: 5 Yeas; 0
Nays.
August 22, 1991
Page 609
91-50B-609-525
(22.)
RESOLUTION #3695
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock a Space
Lease by and between the City of Lubbock and Sabre Travel Information
Network, 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 22nd day of August, 1991.
Is1 T. J. Patterson
T. J. Patterson, Mayor Pro-Tem
for B. C. McMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Bern E. Case
Bern E. Cake, Director of Aviation
APPROV1=D AS TO FORM:
s Harold Willard
Harold Willard, Assistant City
Attorney
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
SPACE LEASE - TERMINAL BUILDING
This Agreement, entered into at Lubbock, Texas, by and between the
City of Lubbock, a Home Rule Municipality, hereinafter referred to as
"Lessor•," and Sabre Travel Information Network, A Division of American
Airlines, Inc. hereinafter referred to as "Lessee;"
WHEREAS, Lessor owns and operates Lubbock International Airport
(herein called "Airport"); and
WHEREAS, Lessee desires to conduct a travel information service in
the terminal building of the Airport; and
WHEREAS, Lessor deems it in the best interest of the citizens of
the City of Lubbock to provide Lessee space at the Airport in which to
conduct, its business;
August 22, 1991
Rage 610
ARTICLE I
NOW THEREFORE, for and in consideration of the covenants and
conditions herein contained and other valuable consideration, the Lessor
authorizes the Lessee to exercise the rights, powers and privileges
hereinafter set forth and does hereby lease t❑ the Lessee approximately
171 square feet of space as shown on Exhibit "A", attached herewith and
made a part of this Lease for all purposes.
The term of this Agreement shall be for a period of one (1) year,
commencing August 1, 1991. This Agreement automatically renews annually
unless terminated as provided in Article V below.
ARTICLE II
In consideration of the rights and privileges herein granted,
Lessee shall pay to Lessor a rental at the rate of $14.65 per square
foot per year adjusted on January 1 of every year that this Agreement
remains in effect by the amount of the increase or decrease in the
Consumer Price Index (CPI) published by the Bureau of Labor Statistics
of the United States Department of Labor. For the purpose ❑f computing
all adjustments, the CPI as of January 1, 1991, shall be construed as
the base from which increases or decreases in the rental rate are
calculated.
Lessee shall pay to Lessor the rent as set forth above in twelve
(12) monthly installments, payable in advance, by the tenth (loth) day
of each month. Upon execution of this Agreement by both parties hereto,
the monthly rental then payable shall be TWO HUNDRED EIGHT AND 76/100
DOLLAR'S ($208.76).
ARTICLE III
This Lease is granted subject to the following conditions:
.1. Lessee shall use the leased premises solely for the purpose
of marketing a travel information service.
2. Lessee's right to market a travel information service within
the terminal building at the Airport shall be nonexclusive.
3. Any property installed or added by Lessee which becomes
permanently attached to the leased premises shall become the
property of Lessor upon termination of this Lease.
4. Lessee will erect no signs and will distribute no
advertising in the Airport without the prior written consent
of the Director of Aviation of Lessor. Such prior written
consent shall not be required for advertising placed by
Lessee with Ackerly Airport Advertising, Inc. or any other
party having the right to sell, rent or offer Airport
terminal advertising space.
5. All ❑f Lessee's business operations and solicitations will
be confined to the leased premises.
6. The Lessee shall not bind or attempt to bind Lessor for
payment of any money in connection with installations,
alterations, additions or repairs on the leased premises ❑r
any of Lessee's equipment ❑r facilities located on the
leased premises and shall not permit any mechanic's,
materialmen's or contractor's liens to arise against the
Airport premises or any improvements, equipment, machinery
or fixtures thereon belonging to the Lessor, and Lessee
expressly agrees that it will keep and save the premises and
Lessor harmless from all costs and damages resulting from
any lien ❑r liens ❑f any character created or that may be
asserted through any act or thing done by Lessee.
August 22, 1991
Page 611
7. Failure of the Lessee to comply
paragraph 6 shall be cause for
Lease Agreement by Lessor.
with any requirement of
immediate termination of this
8. Lessor shall assume no responsibility as to the condition of
the leased premises and shall not assume any responsibility
for maintenance, upkeep or repair necessary to keep the
premises in a safe and serviceable condition.
!D. Lessor shall have the right to approve any construction or
remodeling by Lessee on the leased premises.
ARTICLE IV
'This Lease is granted subject to the following additional
provisions and conditions:
1. The Lease herein granted is subject to any and all
applicable laws, ordinances, rules and regulations
pertaining to Lubbock International Airport.
2. During time of war or national emergency, the Lessor shall
have the right to enter into any agreement with the United
States Government for military or naval use of all or part
of the landing area, the publicly owned air navigation
facilities, and any other areas and facilities at the
Airport. If any such agreement is executed, the provisions
of this instrument, insofar as they are inconsistent with
the provisions of the agreement with the Government, shall
be suspended, but rent hereunder shall abate accordingly.
3. This Agreement shall be subordinate to the provisions of any
existing or future agreement between Lessor and the United
States relative to the operation and maintenance of the
Airport, the execution of which has been or may be required
as a condition precedent to the expenditure of federal funds
for the development of the Airport. Should the effect of
such agreement with the United States be to take any of the
property under lease or substantially destroy the commercial
value of Lessee's rights under this Agreement, the Lessor
shall not be held liable therefor, but rent hereunder shall
abate accordingly.
11. All rights, privileges and interests acquired herein by
Lessee may be suspended, at the option of the Lessor,
following written notice of thirty (30) days, if such
suspension is found by the Lessor, acting in good faith, to
be necessary to secure federal financial aid for the
development of the Airport, or further development of
aeronautical operations thereon, but rent hereunder shall
abate accordingly.
5. The Lessor, acting by and through the Director of Aviation
or other designated representative, shall have the right to
inspect the leased premises at all reasonable times during
the term of this Lease.
6. Any property of the Lessor, or any property for which the
City of Lubbock may be responsible, which is damaged or
destroyed incident to the exercise of the privileges herein
granted, or as a result of acts or omissions of the
employees or agents of Lessee, shall be properly repaired or
replaced by the Lessee to the satisfaction of the Lessor and
its authorized representatives, or in lieu of such repair or
replacement, the Lessee shall, if so required by the Lessor,
pay to the Lessor money in any amount deemed sufficient by
the Lessor to compensate for the loss sustained by the
Lessor due to the loss of, damage to or destruction of such
property.
August 22, 1991
Page 612
7. The Lessee shall be deemed to be an independent contractor
and operator responsible to all parties for its respective
acts and omissions and Lessor shall in no way be responsible
therefor.
8. The Lessee agrees to indemnify, defend and forever save and
keep Lessor, its authorized agents, representatives and
employees, harmless from and against any and all penalties,
liability, annoyances and losses resulting from claims or
court actions of any nature arising directly or indirectly
out of any acts or omissions of the Lessee, its agents,
servants, employees or business visitors under this
Agreement.
9. The Lessee shall assume responsibility for the payment of
all taxes and assessments, license fees and public utility
charges levied on the leased premises, the business
conducted on the leased premises, or the property of Lessee
used in connection therewith from the date of execution of
this Agreement. The Lessee agrees to pay all claims or
damages for or on account of water, lights, heat, power,
sewage disposal and any other services or utilities
furnished to Lessee, the leased premises, or any part
thereof. The Lessor does not guarantee to furnish utilities
or utility services in the future. In the event utility
service is not furnished for reasons other than repair or
installation of lines or nonpayment of charges, Lessee shall
have the option to cancel this Lease upon thirty (30) days
notice to the Lessor.
10. The Lessee acknowledges that it is informed that Texas Law
prohibits contracts between Lessor and its "officers" and
"employees", and that the prohibition extends to an officer
of City agencies such as City -owned utilities and certain
City boards and commissions, and to contracts with any
partnership, corporation or other organization in which
officers or employees have an interest. Lessee certifies
that neither it nor any person having an interest in this
contract is an officer or employee of the City of Lubbock or
any of its agencies.
11. This Lease may not be assigned or sublet without the written
consent of Lessor, but such consent shall not be
unreasonably withheld. No such assignment or subletting
shall affect Lessee's obligations to make all required
rental payments hereunder.
12. The failure of the Lessor to insist in any one or more
instance upon performance of any of the terms or conditions
of this Lease shall not be construed as a waiver or
relinquishment of the future performance of any such terms
or conditions, but the Lessee's obligation with respect to
such failure of performance shall continue in full force and
effect.
August 22, 1991
Page 613
ARTICLE V
This Agreement is subject to termination with or without cause by
either party upon thirty (30) days written notice to the
non -terminating party.
A. In the event the terminal building at the Airport is damaged by
fire or other accidental cause during the term of this Lease so as
to become totally or partially untenantable, Lessor shall have the
option to restore the leased premises to their former condition.
IT Lessor exercises its option to restore the premises, Lessor
shall proceed with due diligence. If the damage is so extensive
as to practically amount to the total destruction of the utility
of the leased premises for the uses expressed in this Agreement,
Lessee's obligation to pay rent hereunder shall abate for the time
and to the extent that the leased premises have been rendered
unteriantable. Should Lessor not exercise its option to restore
the leased premises, this Lease shall terminate, such termination
to be effective on the date of damage by fire or other accidental
cause, and the rent shall be apportioned to that date.
B. Within fifteen (15) days following the date of expiration or
termination of this Agreement, Lessee shall, as required by
Lessor, vacate the leased premises, remove all property of Lessee
and restore the leased premises to as good a condition on such
date of expiration or termination as when received, ordinary wear
and tear excepted; provided, however, that Lessee's right to
remove its property is subject to the condition that Lessee has
paid in full all amounts due and owing Lessor under this
Agreement. If, after being requested by the Lessor, the Lessee
shall fail or neglect to remove said property and so restore the
leased premises within fifteen (15) days of said expiration or
termination, then, at the option of Lessor, said property shall
either become the property of Lessor without compensation therefor
or Lessor may cause the property to be removed and the leased
premises to be restored at the expense of Lessee, and no claim for
damages against Lessor or its officers, agents or employees shall
be created or made on account of such removal and restoration.
ARTICLE VI
1. Notices to the Lessor required or appropriate under this
Lease shall be deemed sufficient if in writing and mailed by
registered mail with postage prepaid to the Director of
Aviation, Lubbock International Airport, Route 3, Box 201,
Lubbock, Texas 79401.
Notices to the Lessee required or appropriate under this
Lease shall be deemed sufficient if in writing and mailed by
registered mail with postage prepaid to: American Airlines,
Inc., Centreport IV, MD 4213, PO Box 619616, DFW Airport,
TX., 75261-9616 - Attn. Y.P. Corporate Real Estate.
2. Should Lessor institute legal action to collect rentals due
under this Lease Agreement or damages for breach of any
covenant made herein, a reasonable sum shall be added to the
amount of recovery for attorneys' fees together with all
costs of court.
August 22, 1991
Page 614
3. Both parties hereby agree that this instrument constitutes
the final agreement of the parties and that all other
previous agreements, leases and contracts between the
parties which pertain to the property described herein are
hereby declared null and void.
EXECUTED this the 22nd day of August, 1991.
LESSOR:
CITY OF LUBBOCK
BY:/s/ T. J. Patterson
T. J. Patterson, Mayor Pro-Tem
for B. C. McMINN, MAYOR
ATTEST:
s Rannette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Bern Case
Bern Case, Director of Aviation
APPROVIED AS TO FORM:
s Harold Willard
Harold Willard, Assistant
City Attorney
LESSEE:
SABRE TRAVEL INFORMATION
NETWORK, A DIVISION OF
AMR, INC.
BY:jsj Francis Savage
Title: Specialist, Corporate
Real Estate
ATTEST:
Is1 Not Legible
Secretary
This Agreement is renewal of an 171 square feet
Office Space Lease for the upper level of the main
terminal building. STIN has occupied this office
space for one year and is seeking a new lease for
two years. STIN markets its computer reservation
system to travel agents who use the system to book
reservations and issue airline tickets and hotel,
rent car, and cruise reservations, as well as tour
packages. The rent will be $208.76 per month, an
increase of $8.76 per month over the existing Lease
Agreement.
Staff recommended approval.
Motion was made by Councilwoman Baker, seconded by
Councilman Maloy to authorize Resolution #3695 as
recommended by Staff. Motion carried: 5 Yeas; 0
Nays.
August 22, 1991
Page 615
91-50B-615-526
(23.) Consider Resolution #3 96 authorizing the Mayor to
sign a grant application with the Texas Forest
Service for a Tree Planting Program..
RESOLUTION #3696
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 grant
application and related documents for the America the Beautiful
Challenge Girant Program administered by the Texas Forest Service on a
cast -sharing basis, 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 dletail.
Passed by the City Council this 22nd day of August, 1991.
Is1 T. J. Patterson
T. J. Patterson, Mayor Pro-Tem
for B. C. McMINN, MAYOR
ATTEST:
s Raiiette Boyd
Ranette Boyd, City Secretary
APPROVI=D AS TO CONTENT:
Is1 Lee Osborn
Lee Osborn, Director of Parks &
Recreation
APPROVED AS TO FORM:
s Ha►^ol d Willard
Harold Willard, Assistant City
Attorney
A copy of the American the Beautiful - Texas Initiative Challenge Grant
Program Application is filed with Resolution No. 3696.
In response to City Council's plan to investigate
and initiate a more aggressive tree planting
program, Keep Lubbock Beautiful, Inc. is seeking
funds through several sources. A $10,000 grant
provided by the Texas Forest Service through the
America the Beautiful, Texas Initiative Challenge
Grants is being requested.
The purpose of the program is to enhance the urban
forest of Texas by strengthening existing programs
and initiating new community tree efforts across the
state. The total amount of funds available to Texas
for 1991 is $200,000, and these funds will be
allocated among the 13 urban forestry regions
established by the Texas Urban Forestry Council,
based on population.
August 22, 1991
Page 616
Grant requests should range between $1,000 and
$10,000 to leverage the funds as far as possible.
Participants must match at least 50% ❑f the project
costs with non-federal sources which may include
cash, services, or in -kind contributions. The grant
was received in the Mayor's Office on July 15, 1991,
and the deadline for having all grant applications
to the Texas Urban Forestry office in College
Station, Texas is August 14, 1991.
The local funds will total $9,524.00 to provide for
personnel salary and fringe benefits, equipment,
staking, mulching, pruning, and the installation of
a drop irrigation system.
Grant funds will purchase 15 trees for each of the
following parks: Buster Long, N.B. McCullough, Bill
and Ann Miller, and Clayton Carter. Each tree will
be 2 1/2" to 3" caliper with an average height of 8'
to 12'. Species include Pecan, Deodor Cedar,
Eastern Redbud, Desertwillow, Thornless Noneylocust,
Texas Walnut, Eastern Redcedar, Flowering Crabapple,
Red Mulberry, Pinyon Pine, Black Pine, Shumard Oak,
and Chinese Elm.
In order to expand the program, the Keep Lubbock
Beautiful, Inc. Landscape Committee is planning a
tree matching program which will involve local
businesses in the Urban Reforestation Project. The
goal is to encourage the business community to
donate one tree for every two trees planted by Keep
Lubbock 8eautiful. The project will be limited to
60 days, tentatively beginning on September 1, 1991
and ending November 1, 1991. The Landscape
Committee will be responsible for devising a plan to
record contributions and promote corporate
sponsorship among the local media and merchants, and
Parks and Recreation and Keep Lubbock Beautiful
Staff will be responsible for marketing and the
actual tree planting.
The Parks and Recreation Board recommended City
Council approval.
Motion was made by Councilwoman Trejo, seconded by
Councilwoman Baker to authorize Resolution #3696 as
recommended by Parks and Recreation Board and City
Staff. Motion carried: 5 Yeas; 0 Nays.
August 22, 1991
Page 617
91-50B-617-527
(24.)
RESOLUTION #3697
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 the
Interlocal Landfill Use Agreements by and between the City of Lubbock
and the City of Olton and the City of Lockney, which agreements 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 22nd day of August, 1991.
ZsZ T. J. Patterson
T. J. Patterson, Mayor Pro-Tem
for B. C. McMINN, MAYOR
ATTEST:
s Raiiette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Rita Harmon
Rita Harmon, Assistant City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
A copy of the Interlocal Landfill Use Agreement with the City of Lockney
and a copy of the Interlocal Landfill Use Agreement with the City of
Olton are filed with Resolution No. 3697.
Effective August 26, 1991, the City of Plainview
will no longer receive solid waste from other
municipalities at their landfill.
The City of Plainview estimates 9-12 months of
landfill life remaining in their landfill, and even
though they currently have a Landfill Permit
Application on file with the Texas Department of
Health, the approval progress on the application is
slow.
Permission has been requested by Triple C Waste of
Idalou for use of the City of Lubbock Landfill for
disposal of waste hauled for the Cities of Olton and
Lockney. There is an estimated 2,400 tons per year
of waste disposal from these cities, approximately
1.41% of the Lubbock Landfill waste stream.
Additionally, Superior Sanitation of Plainview,
Texas, had contacted Staff regarding the City of
Lubbock accepting approximately 20 loads per month
of waste from their customers, the City of Edmonson
and rural customers in Hale County. At this time,
Superior is pursuing other solutions for the
disposal of this waste.
August 22, 1991
Page 618
The principal components of these Interlocal
Landfill Use Agreements include the following:
1.
The Lubbock Landfill will only
accept municipal
solid waste.
2.
The landfill will
not accept
hazardous indoor
toxic waste.
3.
The landfill fee
will be the current
tipping fee plus
an additional
surcharge in the
amount of $2 per
ton.
4.
The basic terms of
the agreements
are successive one-year
terms.
Staff recommended an Interlocal Landfill Use
Agreement with the cities of Olton and Lockney,
Triple C for municipal solid waste generated by
these two cities to be disposed of at the City of
Lubbock Landfill. Should Superior Sanitation or
another municipality or political subdivision tender
a formal request to use the City of Lubbock Landfill
for the disposal of their waste, Staff recommended
authorization for additional Landfill Use
Agreements. According to Staff memo this is not a
blanket recommendation for all surrounding cities to
use the City of Lubbock Landfill.
On June 13, 1991, Council authorized the Mayor to
execute various Interlocal Landfill Use Agreements
between Lubbock and six suburban cities for the
purpose of authorizing their waste disposal at the
Lubbock Landfill. Because of the precedence in this
matter and the critical nature of this issue, Staff
once again recommended Interlocal Landfill Use
Agreements with the above mentioned cities.
Motion was made by Councilman Phillips, seconded by
Councilwoman Baker to authorize Resolution #3697 as
recommended by Staff. Motion carried: 5 Yeas; D
Hays.
August 22, 1991
Page 619
91-508-619-528
(25.)
Program.
RESOLUTION #3698
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THA,f 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 three
(3) Texas Traffic Safety Program Contracts (DWI STEP Program, Speed
Limit STEP Program, and TRASER Program), and all associated documents,
with tile :State Department of Highways and Public Transportation,
attached herewith, which shall be spread upon the minutes of the Council
and as spread upon the minutes of this Council shall constitute and be a
part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 22nd day of August, 1991.
Is/ T. J. Patterson
T. J. Patterson, Mayor Pro-Tem
for B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
IsZ Donald Bridgers
Donald Bridgers, Chief of Police
APPROVED AS TO FORM:
Donald G. Vandiver
Donald G. 'Vandiver, First Assistant
City Attorney
A copy of the Texas Traffic Safety Program Contract for the Driver
Behavior Selective Enforcement (TRASER) Program is filed with Resolution
No. 3698.
This is for Council approval of an application for a
State -administered, Federally -financed Driver
Behavior Selective Enforcement TRASER Grant and is
for continuation of an ongoing grant program
utilizing a Data Entry Clerk to input traffic
information relating to accidents and non-compliance
of traffic law. This data allows the identification
of areas in the City that need enhanced enforcement
in any category of non-compliance as well as high
accident locations. High incidence of DWI can also
be identified and enforcement action taken.
Awards for this grant have been set for October
1, 1991. This is a 100•10 funded grant for $20,564 to
be administered during FY 91-92.
Motion was made by Councilwoman Trejo, seconded by
Councilwoman Baker to authorize Resolution #3698 as
recommended by Staff. Motion carried: 5 Yeas; 0
Nays.
August 22, 1991
Page 620
91-50B-620-529
(2b.)
STEP Grant Program.
RESOLUTION #3699
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 three
(3) Texas Traffic Safety Program Contracts (DWI STEP Program, Speed
Limit STEP Program, and TRASER Program), and all associated documents,
with the State Department of Highways and Public Transportation,
attached herewith, which shall be spread upon the minutes of the Council
and as spread upon the minutes of this Council shall constitute and be a
part of' this Resolution as if fully copied herein in detail.
Passed by the City Council this 22nd day of August, 1991.
jsZ T. J. Patterson
T. J. Patterson, Mayor Pro-Tem
for B. C. McMINN, MAYOR
ATTEST:
s Rartette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
(sL Donald Bridgers
Donald Bridgers, Chief of Police
APPROV17D AS TO FORM:
Is/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of the Texas Traffic Safety Program Contract for the Driving
While Intociated (DWI Step) Program is filed with Resolution No. 3599.
This is for Council approval of an application for a
State -administered, Federally -financed Driving While
Intoxicated Selective Traffic Enforcement Grant (DWI
STEP) and is a continuation of an ongoing grant
program utilizing off duty personnel working
overtime to enhance the detection and apprehension
of drunk drivers.
Awards for this grant have been set for October 1,
1991. This is a 50-50 grant for $69,980 to be
administered during FY 91-92.
Motion was made by Councilman Phillips, seconded by
Councilwoman Trejo to authorize Resolution #3599 as
recommended by Staff. Motion carried: 5 Yeas; 0
Nays.
August 22, 1991
Page 621
91-50B-621-530
(27.)
RESOLUTION #3700 -
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 three
(3) Texas Traffic Safety Program Contracts (DWI STEP Program, Speed
Limit STEP Program, and TRASER Program), and all associated documents,
with the State Department of Highways and Public Transportation,
attached herewith, which shall be spread upon the minutes of the Council
and as spread upon the minutes of this Council shall constitute and be a
part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 22nd day of August, 1991.
/s/ T. J. Patterson
T. J. Patterson, Mayor Pro-Tem
forB. C. McMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranette: Boyd, City Secretary
APPROVED AS TO CONTENT:
/5/ Donald Bridgers
Donald Bridgers, Chief of Police
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of the Texas Traffic Safety Program Contract for the National
Maximum Speed Limit Enforcement Program (55 STEP) is filed with
Resolution No. 3700.
This is for Council approval of an application for a
State -administered, Federally -funded National
Maximum Speed Limit Enforcement Grant (STEP 55) and
is a continuation of an ongoing grant program
utilizing off duty personnel working overtime to
enforce the 55 mph speed limit on highways within
the City of Lubbock.
Awards for this grant have been set for October 1,
1991. This is a 50-50 grant for $60,000 to be
administered during FY 91-92.
Motion was made by Councilwoman Baker, seconded by
Councilwoman Trejo to authorize Resolution #3700 as
recommended by Staff. Motion carried: 5 Yeas; 0
Nays.
August 22, 1991
Page 622
91-50B-622-531
(28.)
RESOLUTION #3701
A RESOLUTION relating to the reimbursement of City funds expended
for costs of engineering services in connection with replacement of an
effluent pipeline to connect the City's Southeast Water Reclamation
Plant to the City's land application site east of the treatment plant
and construction ❑f a major wastewater treatment and disposal
improvement and expansion project from the proceeds of sale of tax
exempt ❑bligations; and resolving other matters incident and related
thereto.
WHEREAS, the City of Lubbock, Texas (the "City") intends to
replace its existing 30 inch effluent pipeline with a 36 inch effluent
pipeline to connect the City's Southeast Water Reclamation Plant to the
City's land application site east of the treatment plant and construct a
major wastewater treatment and disposal improvement and expansion
project, and proposes t❑ issue tax-exempt debt t❑ finance the cost of
such replacement effluent pipeline and construction of the wastewater
project; and
WHEREAS, prior to issuing its debt obligations, the City has
incurred and will incur certain costs in connection with the replacement
of the effluent pipeline and construction of the wastewater project; and
IrJHEREAS, the City plans to reimburse itself for expenditures made
in connection with the replacement of the effluent pipeline and
construction of the wastewater project prior t❑ the issuance ❑f its tax-
exempt obligations; and
WHEREAS, proposed regulations issued under the Internal Revenue
Code of 1985 (the "Code") imposed certain requirements in order that
such reimbursement is treated as an expenditure ❑f bond proceeds for
federal tax law purposes, including the taking of official action by the
adoption of a resolution evidencing the City's intention to reimburse
City funds expended for a project or purpose to be financed with the
proceeds of sale of tax exempt obligations; now, therefore,
13E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1: That the following proposed reimbursement plan is
approved.
1. The City intends to reimburse itself for expenditures to be
made for engineering services in connection with replacement of an
effluent pipeline to connect the City's Southeast Water Reclamation
Plant to the City's land application site east of the treatment plant
and construction of a major wastewater treatment and disposal
improvement and expansion project, by incurring debt the interest on
which its excludable from gross income under Section 103 ❑f the Internal
Revenue Code of 1986.
August 22, 1991
Page 621
91-50B-621-530
(27.)
RESOLUTION #3700 -
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 three
(3) Texas Traffic Safety Program Contracts (DWI STEP Program, Speed
Limit :STEP Program, and TRASER Program), and all associated documents,
with the State Department of Highways and Public Transportation,
attached herewith, which shall be spread upon the minutes of the Council
and as spread upon the minutes of this Council shall constitute and be a
part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 22nd day of August, 1991.
/s/T. J. Patterson
T. J. Patterson, Mayor Pro-Tem
forB. C. McMINN, MAYOR
ATTEST:
s Raaiette. Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Isj Donald Bridgers
Donald Bridgers, Chief of Police
APPROVED A5 TO FORM:
Is/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of the Texas Traffic Safety Program Contract for the National
Maximum Speed Limit Enforcement Program (55 STEP) is filed with
Resolution P.U. 3700.
This is for Council approval of an application for a
State -administered, Federally -funded National
Maximum Speed Limit Enforcement Grant (STEP 55) and
is a continuation of an ongoing grant program
utilizing off duty personnel working overtime to
enforce the 55 mph speed limit on highways within
the City of Lubbock.
Awards for this grant have been set for October 1,
1991. This is a 50-50 grant for $60,000 to be
administered during FY 91-92.
Motion was made by Councilwoman Baker, seconded by
Councilwoman Trejo to authorize Resolution #3700 as
recommended by Staff. Motion carried: 5 Yeas; 0
Nays.
August 22, 1991
Page 622
91-50B-622-531
(28.)
tax exempt obligations.
RESOLUTION #3701
A RESOLUTION relating to the reimbursement of City funds expended
for costs of engineering services in connection with replacement of an
effluent pipeline to connect the City's Southeast Water Reclamation
Plant to the City's land application site east of the treatment plant
and construction of a major wastewater treatment and disposal
improvement and expansion project from the proceeds of sale of tax
exempt ❑bligations; and resolving other matters incident and related
thereto.
WHEREAS, the City of Lubbock, Texas (the "City") intends to
replace its existing 30 inch effluent pipeline with a 36 inch effluent
pipeline to connect the City's Southeast Water Reclamation Plant to the
City's land application site east of the treatment plant and construct a
major wastewater treatment and disposal improvement and expansion
project, and proposes to issue tax-exempt debt to finance the cost of
such replacement effluent pipeline and construction of the wastewater
project; and
WHEREAS, prior to issuing its debt obligations, the City has
incurred and will incur certain costs in connection with the replacement
of the effluent pipeline and construction of the wastewater project; and
WHEREAS, the City plans to reimburse itself for expenditures made
in connection with the replacement of the effluent pipeline and
construction of the wastewater project prior to the issuance of its tax-
exempt obligations; and
WHEREAS, proposed regulations issued under the Internal Revenue
Code ❑f 1986 (the "Code") imposed certain requirements in order that
such reimbursement is treated as an expenditure of bond proceeds for
federal tax law purposes, including the taking of official action by the
adoption of a resolution evidencing the City's intention to reimburse
City funds expended for a project or purpose to be financed with the
proceeds of sale of tax exempt obligations; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1: That the following proposed reimbursement plan is
approved.
1. The City intends to reimburse itself for expenditures to be
made for engineering services in connection with replacement of an
effluent pipeline to connect the City's Southeast Water Reclamation
Plant to the City's land application site east of the treatment plant
and construction of a major wastewater treatment and disposal
improvement and expansion project, by incurring debt the interest on
which is excludable from gross income under Section 103 of the Internal
Revenue Code of 1986.
August 22, 1991
Page 623
2. The expenditures for the engineering services are
anticipated to be approximately $874,000. The engineering services, and
the approximate costs of each are: planning phase ($700,000);
construction phase, basic ($32,000); design phase ($82,000);
construction phase, inspection ($40,000); user charge ($20,000). The
engineering costs incurred for the planning phase include costs related
to the replacement of the effluent pipeline as well as costs related to
construction of a new administration and maintenance building for the
wastewater treatment facilities, new activated sludge plant, headworks
facilities„ solids handling facilities, anaerobic digester
rehabilitation, effluent discharge pipeline with associated
dechlo rinat:ion/reaeration facility and renovation and upgrading of two
existing treatment plants and coversion of the existing administration
building to a laboratory. The wastewater treatment plant to be
constructed, the replacement pipeline, and the discharge pipeline will
be located in the City.
:3. The City expects to use proceeds from certificates of
obligation to be issued by the City as the source of funds to pay the
reimbursement expenditures. The City expects to pay debt service on the
certificates of obligation from the general tax revenues and revenues
derived from the City's wastewater treatment facilities.
SECTION 2: This Resolution will be available for inspection by
the general public at the main administrative offices of the City during
normal business hours on each business day through and including the
date of issue of the certificates of obligation.
PASSED AND ADOPTED, this August 22, 1991.
CITY OF LUBBOCK, TEXAS
/s/ T. J. Patterson
T. J. Patterson, Mayor Pro-Tem
for B. C. McMinn, Mayor
ATTEST„
s Rarzette Boyd
Ranette Boyd, City Secretary
As the City proceeded to apply for financing on the
new Water Reclamation Plant and related projects, it
was contemplated that certain expenditures incurred
prior to the time of the original receipt of monies
would be reimbursed from the proceeds of the State
Revolving Loan Fund. This process is unusual in
that the State law in the past has prevented the
City from being reimbursed from bond proceeds;
however, the SRF authorization was an exception to
this law.
1991 action by the Texas Legislature allows the City
to be reimbursed on any project in the future where
expenditures are incurred prior to the time that the
proceeds of the bonds are received. This was a
considerable advantage gained in the Legislature;
however, to address concerns expressed by the
Internal Revenue Service, Fulbright and Jaworski,
the City's Bond Counsel, advised that the City of
Lubbock take official action declaring its intent to
be reimbursed in order to protect its bonds from
being declared taxable.
August 22, 1991
Page 624
Staff recommended approval of this Resolution to
protect reimbursement funds.
Motion was made by Councilwoman Balser, seconded by
Councilman Malay to authorize Resolution #3701 as
recommended by Staff. Motion carried: 5 Yeas; 0
Hays.
91-50B--624-532
(29.) Consider request of Sexton Enterprises for renewal
of Vehicles for Hire Permit.
The current Vehicle -for -hire Operating Permit for
Sexton Enterprises expires on August 23, 1991. They
currently operate 16 taxicabs, one limousine and two
vans. Council approval is necessary in order to
renew Mr. Sexton's permit for another year.
Each of the requirements for the permit renewal have
been submitted by Sexton Enterprises. Staff
reviewed the following requirements which have been
met:
1. The minimum amounts of Public
Liability and Property Damage
insurance in the amount of $20,000
for damages arising out of bodily
injury or death of one person in any
one accident, $40,000 for damages
arising out of bodily injury to or
death of two (2) or more persons in
any one accident, and $20,000 for
injury or destruction of property in
any one accident. Currently, Sexton
Enterprises is insured for $300,000
for Bodily Injury and Property
Damage combined.
2. The current fare schedule proposed
by Sexton Enterprises has not
changed from the schedule approved
in October 13, 1990.
3. Sexton Enterprises has also
submitted their financial records
for Council review, and these
records were submitted to the
Internal Audit Department for
review. No problems were identified
with regard to their financial
records.
4. Sexton Enterprises' Performance Bond
of $10,000 meets minimum
requirements of the Ordinance.
5. Vehicle inspections are being
performed at the City Garage and is
expected to be completed by Monday,
August 19.
August 22, 1991
Page 625
The City Manager's Office has not received
complaints against Sexton Enterprises during the
last year. Staff attributes this with the
installation of a direct line which is now available
from the Airport to Sexton Enterprises and two
telephone locations at the curb by the front exit.
Based on the completion of the requirements stated
above, Staff recommended approval of Mr. Sexton's
request for permit renewal.
Motion was made by Councilman Maloy, seconded by
Councilwoman Baker to approve renewal of a Vehicles
for Hire Permit to Sexton Enterprises. Motion
carried: 5 Yeas; 0 Nays.
91-509-•-625-533
(30.} BID 411401--Heavymotorized a ui ment Central
Garage).
Shamrock Chevrolet--1 ea. cab & chassis 28,000 lb.
Spec 606; 1 ea. cab & chassis 30,000 lb. Spec 622; 1
ea. cab & chassis 27,500 lb. Spec 623.
Barrett White GMC, Tyler --I ea. cab & chassis 62,000
lb. Spec 621.
Summit White GMC, Dallas--1 ea. sewer cleaner 1,500
US gallons Spec 725.
Gene Messer Ford--1 ea. cab & chassis 28,000 lb Spec
607; 1 ea. cab & chassis 31,000 lb Spec 616; 1 ea.
cab & chassis 56,000 lb Spec 620.
Drake -Scruggs Equipment, Springfield, IL--1 ea.
aerial bucket 41' working height Spec 714.
UEC Equipment, Okla City, OK--1 ea. 85' aerial unit
50,000 GVWR Spec 728; 1 ea. cab & chassis 50,000
GVWR Spec 624.
Underground, Inc., Pearland--1 ea. cleaning & vacuum
unit Spec 726.
H.D. Industries, Jacksonville--1 ea. pot hole
patcher Spec 995.
Industrial Disposal Supply, Okla City, OK--1 ea. 14'
dump bed Spec 731; 1 ea. 12' dump bed Spec 732.
Motion was made by Councilwoman Baker, seconded by
Councilwoman Trejo to accept low bids meeting
specifications. Motion carried: 5 Yeas; 0 Nays.
91-50B-.625-534
(31.) BID 411486--Wooden power poles (Central Warehouse).
Koppers Company, Inc., Houston --ALL OR NONE:
Transmission poles as follow: 5 ea. 75' Class 1; 4
ea. 80' Class H4; 2 ea. 85' Class H4; 16 ea. 75'
Class H1; 1 ea. 75' Class H6; 4 ea. 80' Class H1; 2
ea. 85' Class H1; 3 ea. 90' Class H1; 2 ea. 100'
Class 1.
Motion was made by Councilwoman Baker, seconded by
Councilwoman Trejo to accept low bid meeting
specifications. Motion carried: 5 Yeas; 0 Nays.
August 22, 1991
Page 626
91-50B-626-535
(32.) BID 411467--Electrical renovations at various parks,
and authorize same (Parks and Recreation).
RESOLUTION 43702
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 Larcon Enterprises for
electrical renovations at various City parks, 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 22nd day of August, 1991.
ATTEST:
s Rariette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Is� _Gene_ Fads
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
CONTRACT
STATE OF TEYAS
COUNTY OF LUBBOCK
/s/ T. J. Patterson
T. J. Patterson, Mayor Pro-Tem
for B. C. McMINN, MAYOR
THIS AGREEMENT, made and entered into this 22nd 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 Larcon Enterprises 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. 11467 Electrical Renovations at Various Parks (Parks and
Recreation) in the amount of $89,348.00
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 22, 1991
Page 627
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:
IsZ Ranette Boyd
Secretary
APPROVED AS TO CONTENT:
Carlos Vigil
ATTEST:
Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
/s/_ B. __C C. - McMJ nri
Mayor
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Is1 Larry W. Anderson
CONTRACTOR
By: Larry W. Anderson
TITLE: Owner
COMPLETE ADDRESS: Larcon Enterprises
3609 57th Street
Lubbock, Texas 79413
Motion was made by Councilwoman Baker, seconded by
Councilwoman Trejo to authorize Resolution #3702.
Motion carried: 5 Yeas; D Nays.
91-50-627-536
(33.) BID #11276--Earth moving equipment (Central Garage).
West Texas Equipment Company --I ea. Dozer, 110,000
lb. Spec 952.
Motion was made by Councilwoman Baker, seconded by
Councilwoman Trejo to accept low bid meeting
specifications. Motion carried: 5 Yeas; O Nays.
91-5OB-627-537
(34.) BID #11484--Electric insulators (Central Warehouse].
Temple, Inc.--400 ea. 795 ACSR line guard; 327 ea.
795 Trunnion clamp.
Cummins Supply, Amarillo--15 ea. Polymer Horizontal
Line Post Insulator 69KV; 159 ea. Gain Base Polymer
Horizontal Line Post Insulator 69KV.
Motion was made by Councilwoman Baker, seconded by
Councilwoman Trejo to accept low bids meeting
specifications. Motion carried: 5 Yeas; 0 Nays.
August 22, 1991
Page 628
91-50B-628-538
(35.)
91-50B--528-539
(12.)
91-50B--528-540
(13.)
BID #11472--Annual pricing of plastic liners
(Central Warehouse).
Marquis Supply Co., Inc.--30 cs. liners 24"X24"; 90
cs. liners 24"X33"; 30 cs. liners 30"X37"; 100 cs.
liners 33"X40"; 150 cs. liners 40"X48"; 40 cs.
liners 38"X60".
Pollack Paper Co.--550 cs. liners 38"X58" low
density.
Motion was made by Councilwoman Baker, seconded by
Councilwoman Trejo to accept low bids meeting
specifications. Motion carried: 5 Yeas; 0 Nays.
Hold_a Public Hearing to consider the request of
Consider approval ❑f an Oil and Gas Drilling Permit
for Lif-Lubheirs #13.
Dub Bratcher, representing Texland Petroleum,
appeared to request an Oil and Gas Drilling Permit
for Texland-Lif-Lubheirs #13.
No ❑ne spoke in ❑pposition. Mayor Pro Tem Patterson
closed the hearing at 10:27 a.m.
On July 29, 1991, Staff received an application for
a permit to drill the above described well in which
the City ❑f Lubbock has an interest to the mineral
rights within the production unit. The storage site
is proposed in conjunction with a tank battery
approved by an existing permit.
According to Staff memo, the application is
substantially in order. The production unit
contains 40 acres and has a maximum diagonal of less
than 3,000'. Texland proposes earth sludge pits and
no landscaping at the well site. The blow-out
protector has a minimum rating of 3,000 psi.
Disposal of waste materials is proposed at a
Railroad Commission approved landfill in Lubbock
County. Access to the drill and storage site is
proposed from Erskine on private property.
SHORT TERM IMPACTS: A minimum of short term impact
is expected since the area is uninhabited and
current use is agricultural. The well and storage
site are remote from any existing residential
development.
POTENTIAL LONG TERM IMPACTS: The land area
surrounding and including this Lease is designated
single-family on the 1986 Comprehensive Land Use
Plan. Additional wells are in the immediate area
and since little additional development is projected
in the immediate area, few long-term negative
impacts are anticipated.
August 22, 1991
Page 629
91-50B.-629-541
(11.)
Staff recommended approval subject to the following
conditions:
1. No hydrocarbon lubricant (waste oil)
will be used to free -up the hole
during drilling until after the
first series of surface casing has
been set to 350' or greater.
2. The permittee will require that a
first series of casing be set when
drilling reaches a depth of 350' to
400'. The permittee will notify the
Lubbock Office of Texas Railroad
Commission for the intended dates
for casing the well.
3. The first, and if used, the second
series of casing will be in
substantial compliance with
applicable portions of Rule 13 of
the Texas Railroad Commission.
4. The permittee will meet all other
conditions of Section 14, Article VI
of the Lubbock Code and those
specification indicated within the
application of Texas for Lif-
Lubheirs #13.
Motion was made by Councilman Maloy, seconded by
Councilwoman Baker to approve issuance of an Oil and
Gas Drilling Permit to Texland Petroleum for Lif-
Lubheirs #13 with conditions recommended by Staff.
Motion carried: 5 Yeas; 0 Nays.
ORDINANCE #9474
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2402-C:; A ZONING CHANGE FROM GO TO R-1 AND FROM GO AND R-1 TO R-1
SPECIFIC USE PERMIT FOR TOWNHOUSE/GARDEN HOMES ON TRACTS OUT OF SECTION
26, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
David Goyette presented this request request for
zone change.
No one spoke in opposition and Mayor Pro Tem
Patterson closed the public hearing at 10:30 a.m.
David Jones, Director of Planning, stated that this
request will provide a small development area south
of 82nd at Elkhart for a garden home development,
and the land is currently zoned partially R-1 and
Garden Office.
August 22, 1991
Page 630
Mr. Jones gave the adjacent land use relationships
as follows:
North - single family
South - zoned R-1 undeveloped
East - zoned R-I undeveloped
West - zoned G0, vacant
According to Staff memo, as residential, the request
is consistent with the Comprehensive Land Use Plan
and the request is routine with regard to zoning
policy, except for two items. The Site Plan
indicates a request for zero setback (versus 10')
for the sideyard of two homes adjacent to 82nd and
two adjacent to Elkhart. The developer plans to
build a brick fence adjacent to 82nd Street and
Elkhart, and the wall of the four homes will become
a continuation of the fence. For those subdivisions
where a substantial fence has been placed adjacent
to streets, the 10' sideyard setback of the home
serves no purpose. The line of sight along the
street which the setback is intended to preserve is
not relevant, and the street side wails of the homes
will have no openings.
Within this addition, the zero setback on 82nd and
Elkhart will also allow the patio side of the homes
to be on the south or east sides, which are
preferable to the north and west exposures.
As the recommended conditions below note, the second
small zoning consideration is maintaining the 25'
vision triangle at 82nd Place and Elkhart and with a
small change in design, the two homes on the corners
can meet that requirement. Staff recommended
approval subject to the following conditions:
1. R-1 Specific Use "gardenhome"
development standards with the
exception of a zero setback for
structures on 82nd Street and
Elkhart Avenue.
2. Maintain the required 25' vision
triangles at Elkhart and 82nd Place.
Motion was made by Councilwoman Baker, seconded by
Councilman Maloy to pass on first reading Ordinance
49474 with conditions recommended by Staff. Motion
carried: 5 Yeas; 0 Nays.
91-50B-630-542
(36.) Hold an Executive Session to discuss personnel
matters regarding duties, responsibilities and/or
appointments to:
Urban Design and Historical Preservation
Commission
Community Services Commission
August 22, 1991
Page 631
91-50B-631-543
(37.) Consider three appointments to the Urban design and
Historical Preservation Commission. The terms of
Will Robinson deceased Robert Hayes, and Linda
McGowan will expire Se tember 14 1991.
91-50B-531-.544
(38.)
Motion was made by Councilman Phillips, seconded by
Councilwoman Baker to appoint Mary Crites and to
reappoint Robert Hayes and Linda McGowan to the
Urban design and Historical Preservation Commission.
Motion carried: 5 Yeas; 0 Nays.
Motion was made by Councilman Phillips, seconded by
Councilwoman Baker to appoint Carolyn Lawrence, Kara
Spears, and Inez Baucum and to reappoint Jay Ibarra,
Roger Green, Myra Burris, Palmira Perea-Nay, Verlina
Carroll, and Ernestine Carrizales to the Community
Services Commission. Motion carried: 5 Yeas; 0
Nays.
There being) no further business to come before Council, motion was made
by Councilman Phillips, seconded by Councilman Maloy to adjourn the
meeting at 10:48 a.m. Motion carried: 5 Yeas; 0 Nays.
r
B. C. McMinn, Mayor
ATTEST:
do tte Boyd, City Sitretary
Read and approved this the 12th day of September, 1991.
r
B. C. Mcffinn, Mayor
ATTEST::
4Rantesl�oyd, City Se etary