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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