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HomeMy WebLinkAboutMinutes - City Council - Regular - 10/10/1991CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING OCTOBER 10, 1991 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the loth day of October, 1991 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 10:00 A.M. Present: Mayor B. C. McMinn, Mayor Pro Tem T. J. Patterson, Councilman Gary Phillips, Councilwoman Joan Baker, Councilwoman Maggie Trejo, Councilman M. J. Aderton, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr., and City Secretary Ranette Boyd. Absent: Councilman Bill Maloy. Mayor McMinn called the meeting to order at 10:00 A.M. l.j The Invocation was given by Assistant City Manager Jim Bertram. 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. 3.) Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Phillips to approve the Minutes of the October 10, 1991 Regular City Council meeting as written. Motion carried: 6 Yeas; 0 Nays. 4.) Board Appointments PROCLAMATION "October Fast Week" -- October 13-20, 1991 91-50B.-707-610 5.) Presentation of department awards for the 1991 City of Lubbock Blood Drive. Each year the City of Lubbock sponsors an employee blood drive to benefit United Blood Services. Ron Lewis, Traffic Signals Office, was this year's Blood Drive Coordinator. The drive was held from July 15 through September 12, 1991 and as a result, over 266 pints of blood were donated. October 10, 1991 Page 708 91-50B.-708-611 ( 6.) The following departments were given awards for first or second place based on the highest percentage of donations in their class: Class/Place Department 100+ Employees 1st Place Water/Sewer 2nd Place Parks, Recreation & Cemetery 50-99 Employees 1st Place Civic Center 2nd Place Library 25-49_Employees 1st Place Aviation 2nd Place Traffic Engineering 12-24 Employees 1st Pl ace P1 anni ng 2nd Place Community Relations/ Public Information 6-11 Employees 1st Place Finance 2nd Place Budget 1-5 Employees 1st Place City Secretary 2nd Place Radio Shop Most Improved. Department Radio Shop ORDINANCE #9478 AN ORDINANCE ORDERING A SPECIAL ELECTION TO BE HELD ON JANUARY 18, 1992, FOR THE PURPOSE OF VOTING FOR OR AGAINST THE ADOPTION OF AN ADDITIONAL ONE-HALF OF ONE PERCENT SALES AND USE TAX WITHIN THE CITY TO BE USED FOR REDUCTION OF THE CITY PROPERTY TAX RATE (1/8 CENT) AND FOR THE BENEFIT OF AN ECONOMIC DEVELOPMENT CORPORATION (3/8 CENT); MAKING PROVISION FOR THE CONDUCT OF SUCH ELECTION ACCORDING TO APPLICABLE rr'KU VISI:ONS OF LAW; PROVIDING FOR NOTICE OF THIS ELECTION BY PUBLICATION Or THIS ORDINANCE; PROVIDING FOR EXECUTION OF AN APPROPRIATE ELECTION ORDER HEREAFTER; AND OTHER PROVISIONS INCIDENT TO AND RELATED TO THE PURPOSE: HEREOF; NOW THEREFORE: Motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Patterson to pass on second and final reading Ordinance #9478, designating this Proposition as #1 on the ballot for the January 18, 1992 Special City Election. Motion carried: 6 Yeas; 0 Nays. October 10, 1991 Page 709 91-50B-709-612 ( 7.) the Board of City Development, including funding and all other provisions. ORDINANCE #9479 AN ORDINANCE CALLING FOR SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY OF LUBBOCK, TEXAS, FOR ADOPTION OR REJECTION, THE FOLLOWING AMENDMENT TO THE EXISTING CHARTER OF THE CITY OF LUBBOCK: 91-50B-709--613 ( 8.) Motion was made by Councilwoman Baker, seconded by Councilwoman Trejo to pass on second and final reading Ordinance #9479, designating this Proposition as #2 on the ballot for the January 18, 1992 Special City Election. Motion carried: 6 Yeas; 0 Nays. ORDINANCE #9480 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2675; A ZONING CHANGE FROM R-1 TO C-4 ZONING ON VARIOUS TRACTS OUT OF SECTION 42, BLOCK A-K, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 91-50B.-709-614 ( 9.) Motion was made by Mayor by Councilman Aderton to reading Ordinance #9480 Motion carried: 6 Yeas; ORDINANCE #9481 Pro Tem Patterson, seconded pass on second and final as recommended by Staff. 0 Nays. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2460-E;; A ZONING CHANGE FROM R-1, R-2 AND GO TO A-2 ZONING, LIMITED CHURCH USES ON A TRACT OUT OF SECTION 11, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AD PROVIDING FOR PUBLICATION. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Aderton to pass on second and final reading Ordinance #9481 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. October 10, 1991 Page 710 91-50B-710-615 (10-) ORDINANCE #9482 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO, 2460-F; A ZONING CHANGE FROM GO TO C-2A SPECIFIC USE PERMIT FOR REDUCTION OF SETBACK ON 78TH STREET ON A TRACT OUT OF SECTION I1, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING .A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 91-50B-710-616 (1I.) Motion was made by Mayor by Councilman Aderton to reading Ordinance #9482 Motion carried: 6 Yeas; Street . ORDINANCE #9403 Pro Tem Patterson, seconded pass on second and final as recommended by Staff. 0 Nays. AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 20TH STREET AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 91-50B--710-617 (12.) 40 This Ordinance, which was passed on first reading at the December I3, 1990 City Council meeting, closes a portion of 20th Street between Vicksburg Avenue and Toledo Avenue in the area of Dunnhaven to be platted. According to Staff memo, the final plat is ready to be filed. Staff recommended approval. Motion was made by Mayor by Councilman Aderton to reading Ordinance #9403 Motion carried: 6 Yeas; ORDINANCE #9483 Pro Tem Patterson, seconded pass on second and final as recommended by Staff. 0 Nays. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1941-B; A ZONING CHANGE FROM C-2 TO C-2 SPECIFIC USE PERMIT FOR SELF-SERVICE GASOLINE SALES ON LOT 6-12, BLOCK, 1, MADDOX ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. October 10, 1991 Page 711 91-SOB-711-618 (17.) Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Aderton to hold passage of Ordinance #9483 on second reading until signed Judgment is received. Motion carried: 6 Yeas; 0 Nays. ORDINANCE #9484 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF AN ELECTRICAL LINE EASEMENT LOCATED IN SECTION 15, BLOCK A, LUBBOCK, LUBBOCK COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAYINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This Ordinance abandons and closes a portion of an Electrical Line Easement for a guy wire located west of I-27, east of North Avenue N, and south of Loop 2B9 on an unplatted portion of property. The size of this Easement is 2' by 40' and a new Easement is being dedicated approximately 160' to the east. Larry Adams, the owner ❑f the property, and LP&L are the proponents of this closure. Staff recommended approval. Motion was made by Councilwoman Baker, seconded by Councilwoman Trejo to pass on first reading Ordinance #9484 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 91-50B-711-619 (18.) w October 10, 1991 Page 712 RESOLUTION_#3722 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute by signature on behalf of said City the cover (title) sheet of the plans prepared by the Texas Department of Transportation for Project FR 1107(30), consisting of refurbishing guide signs along Loop 289. Passed by the City Council this 10th day of October, 1991. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: s Rariette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s David E._WoosleY David E. Woosley, City Traffic Engineer APPROVED AS TO FORM: Is1 Jt worth Fullingim J. Worth Fullingim, Assistant City Attorney A copy of the Cover (Title) Sheet is filed with Resolution No. 3722. This project consists of refurbishing most of the guide signs along the length of Loop 289 within the City by the Texas Department of Transportation. According to Staff memo, the location and wording of the signs are basically the same, but the signs need to be refurbished because of loss of reflectivity. Staff recommended approval. Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Baker to authorize Resolution #3722 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 91-SOB-.712-620 (19.) Consider Resolution #3723 authorizing the Mayor to sign the Cover Sheet of the plans prepared by the Texas Department of Transportation for Project IR- w Center. October 10, 1991 Page 713 RESOLUTION #3723 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute by signature on behalf of said City the cover (title) sheet of the plans prepared by the Texas Department of Transportation for Project iR 27-7(56) 301, consisting of refurbishing guide signs along Interstate 27 from a point 0.2 mile South of N. Loop 289 to a point 1.685 miles north of Hale Center, Texas (insofar as same applies to the City of Lubbock, Texas). Passed by the City Council this loth day of October, 1991. Is/ B. C. McMinn B. C. MCMINN, MAYOR ATTEST: /s/ Rane to Bow Ranette Boyd, City Secretary APPROVED AS TO CONTENT: idavid E. Wooslev David E. Woosley, City Traffic Engineer APPROVED AS TO FORM: iJ. Worth Fullingim J. Worth Fullingzm, Assistant City Attorney A copy of the Cover (Title) Sheet is filed with Resolution No. 3723. This project consists of refurbishing most of the guide signs along Interstate 27 between Lubbock and Hale Center by the Texas Oepartment of Transportation. Since a portion of this project is within the City of Lubbock, approval by the City is required. The location and wording of the signs are basically the same, but the signs need to be refurbished because of loss of reflectivity. Staff recommended approval. Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Baker to authorize Resolution #3723 as recommended by Staff. Motion carried: b Yeas; 0 Nays. 91-50B-713-621 (20.) Consider Resolution #3724 authorizing the Mayor to sign a Lease Agreement with Swetech, Inc. October 10, 1991 Page 714 RESOLUTION #3724 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Lease Agreement by and between the City of Lubbock and Swetech, Inc., attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 10th day of October, 1991. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Bern E.-Case Bern E. Case, Director of Aviation APPROVED AS TO FORM: s Harold Willard Harold Willard, Assistant City Attorney THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § LEASE AGREEMENT This Lease Agreement, entered into at Lubbock, Texas, by and between the City of Lubbock, hereinafter referred to as "Lessor," and Swetech, Inc., hereinafter referred to as "Lessee." WITNESSETH WHEREAS, Lessor owns and operates a public airport designated as Lubbock International Airport and herein called "Airport;" and WHEREAS, Lessor also owns a hangar located on the east side of the Airport: which Lessee desires to lease and utilize for the manufacture of a nutrient contained in cattle feed; and WHEREAS, Lessor deems it in the public interest to lease said hangar to the Lessee for good and valuable consideration; ARTICLE I qb NOW THEREFORE, for and in consideration of the terms, covenants and conditions hereinafter set forth, the Lessor does hereby lease unto Lessee, for its use in the manufacture of a nutrient contained in cattle feed, the hangar whose location at the Airport is depicted on Exhibit A attached hereto and by this reference made a part hereof for all purposes, together with the right of ingress and egress. October 10, 1991 Page 715 The term of this Agreement shall be for a period of one (1) year commencing on September 1, 1991, and ending on August 31, 1992, both dates inclusive. However, this Agreement is subject to earlier termination as hereinafter provided. ARTICLE II In consideration of the rights and privileges herein granted, Lessee shall pay to the Lessor a rental of SEVEN THOUSAND ONE HUNDRED TWENTY-FIVE; AND N0/100 DOLLARS ($7,125.00) for the term of this Lease, payable in twelve (12) equal monthly installments of FIVE HUNDRED NINETY-THREE AND 75/100 DOLLARS ($593.75), in advance, by the fifteenth (15th) day of each month this Lease is in effect. All payments that become due and payable by Lessee shall be made to the City of Lubbock at the office of the Director of Aviation, Lubbock International Airport, Lubbock, Texas. ARTICLE III This Lease is granted subject to the following provisions and conditions: 1. Lessee shall use the hangar solely for the purpose herein stated. 2. Lessee agrees that it will at all times during the term of this Lease maintain the hangar in good condition, ordinary wear and tear excepted, such maintenance t❑ be the sole responsibility and obligation of Lessee. 3. Lessor will not be required to provide Lessee with access to the hangar by removing snow or ice from any portion of the Airport. it. Lessee will erect no signs and will distribute no advertising matter on Airport premises without the prior written consent of the Director of Aviation. Such prior written consent shall not be required for advertising placed by Lessee with Ackerley Airport Advertising, Inc. or any other party having the right to sell, rent or offer Airport Terminal advertising space. 5. Lessee shall not permit any mechanic's, materialman's or contractor's liens to arise against the hangar, and Lessee expressly agrees that it will keep and save the hangar and Lessor harmless from all costs and damages resulting from any lien or liens of any character created or that may be asserted through any act or thing done by Lessee, its agents, officers or employees. 6. In the event any mechanic's liens or other liens or orders for payment shall be filed against the hangar while this Agreement is in effect, Lessee shall within ten (10) days cause the same to be cancelled and discharged of record, by bond or otherwise, at the election and expense of Lessee, and shall also defend ❑n behalf of Lessor, at Lessee's sole cost and expense, any action, suit or proceeding which may be brought thereon or for the enforcement of such liens or orders. 7'. Lessor shall assume no responsibility as to the condition of the hangar and Lessee herein expressly assumes all responsibility for maintenance, upkeep and repairs necessary to keep the hangar in a safe and serviceable condition. October 10, 1991 Page 716 is 8. The Lessee shall not make, permit or suffer any additions, improvements or alterations t❑ the hangar herein leased without prior written consent of the Director ❑f Aviation of the City of Lubbock. Any such additions, improvements or alterations made with the consent ❑f the Director of Aviation shall be solely at the expense of the Lessee, and unless such consent provides specifically that title to the additions, improvements or alterations s❑ made shall vest in the Lessee, title theret❑ shall at all times remain in the Lessor, and such additions, im-provements or alterations shall be subject to all of the terms, covenants and conditions of this Agreement. ..9. The Lease herein granted is subject to any and all applicable laws, ordinances, rules and regulations pertaining to the Airport. 10. During time of war or national emergency, the Lessor shall have the right to enter into an 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 ❑ther area or facilities of 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. .11. This Agreement shall be subordinate to the provisions of any existing or future agreement between the Lessor and the United States pertaining to the operation ❑r maintenance of the Airport, the execution of which has been or may be required as a condition precedent to the receipt or expenditure of federal funds for the development of the Airport. Should the effect of such agreement with the United States effectively 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. '12. All rights, privileges and interests acquired herein by Lessee may, at the option of the Lessor, be suspended if such suspension is found by the Lessor, acting in good faith, to be necessary to secure federal financial aid for the development ❑f the Airport, or further development or promotion of aeronautical operations thereon, but rent hereunder shall abate accordingly. 13. The Lessor, acting by and through the Director of Aviation or other designated representative, shall have the right t❑ inspect the hangar at all reasonable times that this Lease is in effect. 14. 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 ❑r 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 t❑ compensate for the loss sustained by the Lessor which results from the loss of, damage to or destruction ❑f such property. October 10, 1991 Page 717 15. The Lessee agrees to indemnify, defend and forever save the Lessor, its authorized agents, representatives and employees, harmless from and against any and all penalties, liability, annoyances, expense or loss, including attorneys' fees, resulting from claims or court action of any nature arising directly or indirectly out of any acts or omissions of the Lessee, its agents, servants, guests, employees or business visitors under this Agreement. 16. The Lessee shall maintain at all times, at its sole expense, with an insurance underwriter authorized to do business in the State of Texas and acceptable to the Lessor, insurance against claims of public liability and property damage resulting from Lessee's activities at the Airport. The amount of insurance coverage shall not be less than FIFTY THOUSAND AND NO11OO DOLLARS ($50,000) for property damage arising out of any one accident or event, or less than ONE HUNDRED THOUSAND AND N01100 DOLLARS ($100,000) for personal injury or death of any one person in any one event, or less than THREE HUNDRED THOUSAND AND Nd1100 DOLLARS ($300,000) for personal injury or death of two (2) or more persons in any one event. Certificates of insurance or other satisfactory evidence of coverage shall be filed with the Director of Aviation prior to entry into the hangar premises by the Lessee. Each policy shall name the Lessor, City of Lubbock, as an additional insured as its interest may appear and shall contain a provision requiring the insurer to give the Lessor written notice of cancellation or of any material change in said policy or certificates at least thirty (30) days in advance of the effective date of such cancellation or material change. Each policy shall also contain a provision waiving the right of such insurer to subrogation. 17. Lessee shall furnish to the Lessor satisfactory evidence that it carries Workers' Compensation Insurance in accordance with the laws of the State of Texas. 18. The Lessee herein agrees to assume responsibility for the payment of all public utility charges connected with Lessee's use of the hangar including, but not limited to water, gas, electricity, telephone and sewer service. 19. The Lessee warrants that it has not employed any person employed by the Lessor to solicit or secure this Lease Agreement upon any agreement for a commission, percentage, brokerage or contingent fee. 20. Lessee shall not assign nor sublet this Lease without prior written consent of the Director of Aviation of the City of Lubbock, and no such assignment or subletting shall affect Lessee's obligations to make all required rental payments hereunder. 21. The failure of the Lessor to insist upon performance of any of the terms, covenants or conditions of this Lease shall not be construed as a waiver or relinquishment of the future performance of any such terms, covenants or conditions, and the Lessee's obligation with respect to such future performance shall continue in full force and effect. 22. Lessee shall, at its sole expense, provide a complete and is property arrangement for the adequate sanitary handling and disposal away from the Airport of all trash, garbage and other refuse that results from Lessee's use of the hangar. October 10, 1991 Page 718 qD 23. In the event Lessee remains in possession of the hangar after the expiration of this Agreement, such holding over shall not be deemed as a renewal or extension of this Lease, but shall create only a tenancy from day to day which may be terminated at any time by Lessor. 24. Lessee shall prohibit both unauthorized persons and vehicles from entering those Airport premises over which Lessee has control or usage of either exclusively or in common with other Airport tenants, and Lessee agrees that in the event that a civil penalty or fine is levied against the Airport or City as a result of Lessee's failure to comply or act in accordance with this provision or any other applicable federal, state or local statutes, ordinances, rules and regulations affecting the use, occupancy or operation of any of said premises, Lessee shall immediately reimburse the Airport or City the full amount of the penalty or fine and correct the act or omission leading to, causing or contributing to the violation. ARTICLE IV This Lease Agreement shall terminate at the end of the initial term hereof and Lessee shall have no further right or interest in the hangar except as provided in numbered Paragraph 23 of Article III of this Agreement. This Agreement is also subject to termination for the reasons set forth below, provided that fifteen (15) days written notice is given to the non -terminating party. Rental due hereunder shall be payable only to the effective date of said termination. The Lessee may terminate upon the happening of any of the fol 1 ow-i ng : 1. The permanent abandonment of the Airport as an airline terminal. 2. The issuance by any court of competent jurisdiction of an injunction in any way preventing or restraining the use of the Airport, provided such injunction remains in force for at least thirty (30) days. 3. The breach by the Lessor of any of the terms, covenants or conditions of this Agreement to be kept, performed and observed by the Lessor, and the failure of the Lessor to remedy such breach for a period of thirty (30) days after written notice from the Lessee of the existence of such breach. 4. The assumption by the United States Government, or any authorized agency of same, of the operation, control or use of the Airport and its facilities in such a manner as to substantially restrict the Lessee from utilizing the hangar under the terms of this Agreement for a period of at least thirty (30) days. The Lessor may terminate upon the happening of any of the following: 1. If the Lessee shall file if Lessee is adjudicated jurisdiction of Lessee an proceedings brought under reorganization act; if a appointed; or if Lessee i and privileges under this law. a voluntary petition of bankruptcy; as bankrupt; if a court shall take d its assets pursuant to the provisions of any federal receiver for Lessee's assets is s divested of its rights, powers Agreement by other operation of October 10, 1991 Page 719 2. If the Lessee shall abandon and discontinue operations under this Agreement. 3. If the Lessee shall default in or fail to make any payments at any time and in the amounts required under this Agreement. 4. if the Lessee shall fail to perform, keep or observe any ❑f the terms, covenants ❑r conditions contained in this Agreement to be performed, kept or observed by Lessee. a. If the Lessee shall fail t❑ abide by all applicable laws, ordinances, rules and regulations of the United States, State of Texas, City of Lubbock and Director of Aviation of the City ❑f Lubbock. 6. If Lessor, acting in good faith, finds termination of the rights, privileges and interests of Lessee acquired under this Lease to be necessary to secure federal financial aid for the development of the Airport, ❑r further development or promotion ❑f aeronautical operations thereon. In the event the hangar herein leased is damaged by fire ❑r other accidental cause during the term of this Agreement so as t❑ become totally or partially unusable for purposes herein permitted, Lessor shall have the option t❑ restore the structure t❑ its former condition. If Lessor exercises its option to restore the hangar, 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 hangar for manufacturing purposes, Lessee's ❑bligation to pay rent hereunder shall abate for the time and to the extent that the hangar has been rendered unusable. Should Lessor not exercise its ❑ption to restore the structure, 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. Within ten (10) days following the date ❑f expiration or termination of this Agreement, the Lessee shall, as required by the Lessor,, vacate said hangar, remove all property ❑f Lessee, and restore the hangar 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 from the hangar upon expiration or termination is subject to the condition that Lessee has paid in full all amounts due Lessor under this Agreement. If the Lessee shall fail or neglect to restore the hangar within ten (10) days of said expiration or termination, then at the option of Lessor, said property of the Lessee shall either become the property of the Lessor without compensation therefor or the Lessor may restore the hangar at the expense of the Lessee, and no claim for damages against the Lessor or its ofil"icers, agents ❑r employees shall be created ❑r made as a result ❑f either action. ARTICLE V 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 t❑ the Director ❑f 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 Lessee at its address on file with the Director of Aviation of the Lessor. October 10, 1991 Page 720 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. 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 10th day of October, 1991. LESSOR: CITY OF LUBBOCK BY•� � B C. McMinn �B. C. Mc1"INN, MAYOR ATTEST;; s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Bet^n E. Case Bern E. Case, Director of Aviation APPROVED AS TO FORM: Is1 Harold Willard Harold Willard, Assistant City Attorney LESSEE: SWETECH, INC. BY:Is1 Charles Sweeny Charles Sweeny, President ATTEST: Secretary Swetech, Inc. is an Agricultural Research Firm that works closely with the Agricultural Department at Texas Tech to develop nutritional food supplements for livestock. This Agreement will allow Swetech, Inc. to occupy a hangar on the east ramp known as the old Burlington Hangar. Prior to Swetech's occupancy, the City is obligated to remove asbestos contained in the building. The City, through a contractor, is rapidly proceeding with the process to prepare the building for Swetech. The building will be used for mixing their supplement and as a base for distribution. The term of this Lease is from September 1, 1991 through August 31, 1992, and the monthly rent will be $525. The Airport Board approved the Agreement in their June, 1991 meeting and recommended Council approval. Motion was made by Councilwoman Baker, seconded by Councilman Phillips to authorize Resolution 43724 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. lb October 10, 1991 Page 721 is 91-50B-721-622 (21.) Consider Resolution #3725_authorizing the Mayor to sign a grant application with the Texas Forest Services. RESOLUTION #3Z25 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 Small Business Administration National Tree Planting Program administered by the Texas Forest Service on a cost -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 detail. Passed by the City Council this 10th day of October, 1991. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: //Lee Osborn Lee Osborn, Director of Parks & Recreation APPROVED AS TO FORM: /s/ IDennis W. McGill Dennis W. McGill, Trial Attorney A copy of the Small Business Administration National Tree Planting Program Grant Application is filed with Resolution No. 3725. Keep Lubbock Beautiful, Inc. is seeking funds to implement an Urban Reforestation Project within the City of Lubbock, and in their grant proposal requested $19,800 from the Small Business Administration. A local match of $19,200 is provided by the City of Lubbock through personnel salary, fringe benefits, equipment, planting and staking supplies, mulch, and hardware for the installation of a drip irrigation system. SBA funds will provide for the planting and maintenance of approximately 125 trees throughout six park sites in the City of Lubbock which include George Dupree, Jan Jennings, Willie Lusk, Mae Simmons, Preston Smith, and C.B. Berry. Each park will receive approximately 20 trees and average caliper of the trees will be 2-1/2" to 3" with an average height of S' to 121. Trees will be planted and cared for by Parks and Recreation Staff, supplemental water will be provided during the first two years, and trees will be fertilized twice yearly as part of the park fertilization program. October 10, 1991 Page 722 91-5OB-722-623 (22.) The Keep Lubbock Beautiful Advisory Board will help promote the Urban Reforestation Project. Board members will recruit media involvement in a publicity campaign aimed at local businesses t❑ donate trees to enhance the project. Board members will also promote the project at civic club and neighborhood group meetings. The purpose of the Small Business Administration National Tree Planting Program Grant is to plant trees on land owned or controlled by the State or a local government by obtaining services and supplies from the small business owners. Funding is provided by the Small Business Administration --Tree Planting Grants. The Texas Forest Service has been designated by Governor Ann Richards to administer this program in Texas. Major provisions of the grant are: (A) Grants require a Resolution from the local governing body committing to providing its cost share of the project as described in the grant application. (B) All agreements must be fully executed within a period ❑f 45 days after the date of award. (C) The Texas Urban Forestry Council Grants Committee is required to provide the State Forester a list ❑f prioritized applications with recommended funding levels. The Texas Forest Service will execute all necessary agreements. Funds for individual grants will not be released until all required agreements have been executed. Motion was made by Councilwoman Baker, seconded by Mayor Pr❑ Tem Patterson t❑ authorize Resolution P3725 as recommended by Staff. Motion carried: 6 Yeas; O Nays. r October 10, 1991 Page 723 is RESOLUTION #3726 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 95 THROUGH 126, PRESTON HILLS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 95 through 126, Preston Hills Addition has complied with the provision of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, by providing the water and sewer improvements for said Addition in accordance with paragraph 156 of said Chapter 28; and WHEREAS, the total utility cost to the developer is $31,129.74 with the improvements constructed by U.C.A. having a value of $17,732.47 as determined by the unit prices established by said Chapter 28, $11,348.96 transferred for adjacent line costs, and $2,048.31 cash paid to the City, with Lubbock Land Company, the developer to receive a refund of $6,913.40 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00; and WHEREAS, the construction of the said water and sewer improvements was per -formed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $6,913.40 be made in accordance with said Chapter 28. :SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after is passage. Passed by the City Council this loth day of October, 1991. ATTEST:- s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Wilford D. Watson Wilford D. Watson, Chief Water Utilities Engineer APPROVED AS TO FORM: s J..Worth Fullingim J. Worth Fullingim, Assistant City Attorney Is/ B. C. McMinn B. C. McMINN, MAYOR October 10, 1991 Page 724 This is a routine acceptance of water and sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $31,129.74 including value of construction costs of $17,732.47, $11,348.96 transferred for adjacent line costs and $2,048.31 cash paid to the City. Lubbock Land Company, the Developer, will receive a refund of $6,913.40 in accordance with Chapter 28 of the Code of the City of Lubbock. There is no refund of deposit. Staff recommended acceptance of these improvements. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Phillips to authorize Resolution #3726 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 91-50B-724-624 (23.) Consider Resolution #3727 authorizing acceptance of water improvements for Tract I. Kings Gate Addition. RESOLUTION #3727 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR TRACT I, KINGS GATE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Tract I, Kings Gate Addition has complied wit" the provision of Article 1V, Chapter 28 of the Code of Ordinances of the City of Lubbock, by providing the water and sewer improvements for said Addition in accordance with paragraph 156 of said Chapter 28; and WHEREAS, the total utility cost to the developer is $4,134.52 with the -improvements constructed by Craft Construction having a value of $3,727.20 as determined by the unit prices established by said Chapter 28, and $407.32 cash paid to the City, with FNB (Lubbock), the developer to receive a refund of $2,473.34 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00; and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $2,473.34 be made in accordance with said Chapter 28. qb October 10, 1991 Page 725 SECTION 3. THAT a refund of deposit he made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and he in force from and after is passage. Passed by the City Council this 10th day of October, 1991. Is1 B. C. McMinn B. C. McMINN, MAYOR ATTEST: ZsZ Rariette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Wilford D. Watson Wilford D. Watson, Chief Water Utilities Engineer APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney This is a routine acceptance of water improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $4,134.52 including $3,727.20 in construction costs and $407.32 paid to the City. The developer, FNB (Lubbock) will receive a refund of $2,473.34 in accordance with Chapter 28 of the Code of the City of Lubbock. There is no refund of deposit. Staff recommended acceptance of these improvements. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Phillips to authorize Resolution #3727 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 91-50B-725425 (24.) Consider Resolution #3728 by the City Council of the C_itY_of Lubbock, Texas, approving and authorizing the -publication _ of Notice of Intention to Issue Certificates_ of _Obligation (for sewer improvements). RESOLUTION #3728 A RESOLUTION by the City Council of the City of Lubbock, Texas, approving and authorizing publication of notice of intention to issue certificates of obligation. WHEREAS, the City Council of the City of Lubbock, Texas, has determined that certificates of obligation should be issued in accordance with the provisions of V.T.C.A., Local Government Code, is Subchapter C of Chapter 271, for the purpose of paying contractual obligations to he incurred for (i) constructing improvements and extensions to the City's Wastewater Treatment System, to wit: replacement of an existing effluent pipeline and (ii) professional services rendered in connection therewith; and October 10, 1991 Page 726 WHEREAS, prior to the issuance of said certificates of obligation, this Council is required to give notice of its intention to issue the same in the manner and time provided by law; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: Section 1: That the City Secretary is hereby authorized and directed to cause notice to be published of this Council's intention to issue certificates of obligation in the principal amount not to exceed $1,655,000 for the purpose of paying contractual obligations to be incurred for (i) constructing improvements and extensions to the City's Wastewater Treatment System, to wit: replacement of an existing effluent pipeline and (ii) professional services rendered in connection therewith, such certificates to be payable from ad valorem taxes and a lien on and a pledge of the net revenues of the City's Sewer System. The notice hereby approved and authorized to be given shall read substantially in the form and content of Exhibit A hereto attached and incorporated herein by reference as a part of this resolution for all purposes. Section 2: That such notice shall be published once a week for two consecutive weeks in a newspaper having general circulation in the City of Lubbock, Texas, the date of the first publication of such notice to be at least fifteen (15) days prior to the date stated therein for the Passage of the ordinance authorizing the issuance of the certificates of obligation. PASSED AND APPROVED, this the 10th day of October, 1991. /s/ B. C. McMinn B. C. McMinn, Mayor ATTEST: s Ranette Baud Ranette Boyd, City Secretary NOTICE OF INTENTION TO ISSUE CITY OF LUBBOCK, TEXAS, CERTIFICATES OF OBLIGATION NOTICE; IS HEREBY GIVEN that the City Council of the City of Lubbock, Texas, will convene at its regular meeting place in the City Hall of Lubbock, Texas, at 9:00 o'clock A.M. on the 14th day of November, 1991, and, during such meeting, the City Council will consider the passage of an ordinance authorizing the issuance of certificates of obligation in an amount not to exceed ONE MILLION SIX HUNDRED FIFTY-FIVE THOUSAND DOLLARS ($1,655,000) for the purpose of paying contractual obligations to be incurred for (i) the construction of improvements and extensions to the City's Wastewater Treatment System, to wit: replacement of an existing effluent pipeline, and (ii) professional services rendered in connection therewith, such certificates to be payable from ad valorem taxes and a lien on and pledge of the net revenues derived from the operation of the City's Sewer System. The Certificates are to be issued and this notice is given, under and pursuant to the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271. 1b /s/ Ranette Boyd Ranette Boyd, City Secretary City of Lubbock, Texas October 10, 1991 Page 727 Is CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS COUNTY OF LUBBOCK CITY OF LUBBOCK I, the undersigned, City Secretary of the City of Lubbock, Texas, DO HEREBY CErn RTIFY as follows: 1. That on the 1Oth day of October, 1991, the City Council of the City of Lubbock, Texas, convened in regular session at its regular meeting place in the City Hall of said City; the duly constituted members of the Council being as follows: B. C. McMinn T. J. Patterson Bill Maloy Gary D. Phillips Joan Baker Maggie Trejo M. J. Aderton Mayor Mayor Pro-Tem Councilmember Councilmember Councilmember Councilmember Councilmember all of said persons were present at said meeting, except the following: Bill Mom. Among other business considered at said meeting, the attached resolution entitled: "A RESOLUTION by the City Council of the City of Lubbock, Texas, approving and authorizing publication of notice of intention to issue certificates of obligation." was introduced and submitted to the Council for passage and adoption. After presentation and due consideration of the resolution, and upon a motion made by Councilmember Joan Baker and seconded by Councilmember Maggie Tre"o the resolution was finally passed and adopted by the Council by the following vote: i5 voted "For" 0 voted "Against" 0 abstained all as shown in the official Minutes of the Council for the meeting held on the aforesaid date. 2. That the attached resolution is a true and correct copy of the original on file in the official records of the City' the duly qualified and acting members of the City Council of the City on the date of the aforesaid meeting are those persons shown above and, according to the records of my office, each member of the Council was given actual notice of time, place and purpose of the meeting and had actual notice that the matter would be considered; and that said meeting, and deliberation of the aforesaid public business, was open to the public and written notice of said meeting, including the subject of the entitled resolution, was posted and given in advance thereof in compliance with the provisions of Article 6252-17, Section 3A, V.A.T.C.S. IN WITNESS WHEREOF, I have hereunto signed my name officially and affixed the seal of said City, this the 1Oth day of October, 1991. /sj Ranette Baud Ranette Boyd, City Secretary City of Lubbock, Texas In the Spring of 1991, the City Council authorized Staff to proceed with the financing a $50 million Water Reclamation System Improvement Program through the State Revolving Loan Fund, to be implemented over a three-year period and financed. October 10, 1991 Page 728 This Resolution initiates the first segment of the financing and the Certificates of Obligation will be issued t❑ the Water Oevelopment Board and funds will be received on a draw -down basis, as needed. The initial part process is publication of Notice of Intent to Issue the Certificates of Obligation. The amount of this segment of the financing is $1,655,000, and the interest rate is 5.5%. Staff recommended approval of the Resolution. Motion was made by Councilwoman Baker, seconded by Councilwoman Trejo to authorize Resolution #3728 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 91-50B-728-626 (26.) BID #11570--LP&L_Utility Collections Renovations, and authorize same (Building Services). RESOLUTION #3729 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 Pharr Construction Company for LP&L Utility Collections office renovations, 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 10th day of October, 1991. Is1 B. C. McMinn B. C. McMINN, MAYOR ATTEST: Zsl Ranette Boyd Ranette Boyd, City Secretary APPROV17D AS TO CONTENT: Zsl Gene Eads Gene Eads, Purchasing Manager APPROVED AS TO FORM: Zsl Har,ol d Willard Harold Willard, Assistant City Attorney October 10, 1991 Page 729 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 10th day of October, 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 Pharr Construction Company of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 1157O--LP&L Utility Collection Renovations (Building Services) in the amount of $63,981.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The C1"'111ER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. .IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: CITY OF LUBBOCK, TEXAS (OWNER) s anette Boyd Is1 B. C. McMinn Secretary Mayor APPROVI=D AS TO CONTENT: APPROVED AS TO FORM: ATTEST: Pharr Construction Company, Inc. CONTRACTOR Secretary By: TITLE: ' COMPLETE ADDRESS: Pharr Construction Company, Inc. P.O. Box 2791 Lubbock, Texas 79408 Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Baker to authorize Resolution #3729 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. October 10, 1991 Page 730 9I-50B-730-527 (27.) BID #11516--Water Treatment Plant Improvements — Contract I, and authorize same (Water Utilities). RESOLUTION #3730 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 Red River Construction Company for Water Treatment Plant improvements - Contract I, 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 10th day of October, 1991. ATTEST: Isl Rariette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is1 Gene Eads Gene Fads, Purchasing Manager APPROVED AS TO FORM: Isl Harold Willard Harold Willard, Assistant City Attorney CONTRACT STATE OF TEAMS COUNTY OF LUBBOCK Is1 B. C. McMinn B. C. McMIWN, MAYOR THIS AGREEMENT, made and entered into this 10th day of October, 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 Red River Construction Company of the City of Dallas, County of Dallas, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 11516--Water Treatment Plant Improvements Contract I (Water Utilities) in the amount of $4,330,000.00 ' 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. October 10, 1991 Page 731 The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to d❑ so shall have been given to him and to substantially complete same within the time specified in the contract documents. 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. ATTE�?,. CITY OF LUBBOCK, TEXAS (OWNER) /sj Ranette Boyd /sj B. C. McMinn Secretary Mayor APPROVED AS TO CONTENT: APPROVED AS TO FORM: ATTEST: Red River Construction Company CONTRACTOR Secretary By: TITLE: COMPLETE ADDRESS: Red River Construction Company 13725 Omega Road Dallas, Texas 75244 Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Baker to authorize Resolution #3730 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 91-50B•-731-62-8 (28.) BID #11565--Rehab of Digester #8 Roof, and authorize same (Water Reclamation). Im October 10, 1991 Page 732 RESOLUTION #3731 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 Dallas Urenthane Contractors, Inc. for Rehab of Digester #8 Roof, 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 10th day of October, 1991. ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Gene Eads Gene Eads, Purchasing Manager APPROVED AS TO FORM: s Harold Willard Harold Willard, Assistant City Attorney CONTRACT STATE OF TEVAS COUNTY OF LUBBOCK /s/ B. C. McMinn B. C. McM1NN, MAYOR THIS AGREEMENT, made and entered into this 10th day of October, 1991 b11 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 Dallas Urenthane Contractors, Inc. of the City of Forney, County of Dallas, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 11565--Rehab of Degester #8 Roof (Water Reclamation) in the amount of $18,744.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. October 10, 1991 Page 733 The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: CITY OF LUBBOCK, TEXAS (OWNER) ZsZ Ranette Baud Is/ B. C. McMinn Secretary Mayor APPROVED AS TO CONTENT: APPROVED AS TO FORM: ATTEST: Secretary Dallas Urenthane Contractors, Inc. CONTRACTOR BY: TITLE: COMPLETE ADDRESS: Dallas Urenthane Contractors, Inc. 406 Ranch Road Forney, Texas 75126 Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Baker to authorize Resolution #3731 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 91 -50B.- 733-62-9 (29.) BID #11402--Video Pipe Inspection System (Fleet Management). Cues, Inc., Orlando, FL--1 ea. Sewer TV Inspection System Spec 416.1; 1 ea. Step Van, one -ton Spec 416AB. Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Baker to authorize low bid meeting specifications. Motion carried: 6 Yeas; 0 Nays. 91-50B-.733-630 (30.) BID #11599--TLETS II Software „Interface (,Information Services). US West Public Safety Group, Plano Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Baker to authorize low bid meeting specifications. Motion carried: 6 Yeas; 0 Nays. 91-50B-733-631 lb (31.) BID #11511--Roofing_ projects for various City buildings, and authorize same (Building Services). October 10, 1991 Page 734 RESOLUTION #3732 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 Lydick -Hooks Roofing Company for various roofing projects for City buildings, 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 10th day of October, 1991. ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Gene Eads Gene Eads, Purchasing Manager APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK Is/ B. C. McMinn B. C. MCMINN, MAYOR THIS AGREEMENT, made and entered into this 10th day of October, 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 Lydick -Hooks Roofing Company ❑f 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. 11511--Roofing Projects for Various City Buildings (Building Services) in the amount of $24,178.00 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, 10 superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. October 14, 1991 Page 735 The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: CITY OF LUBBOCK, TEXAS (OWNER) /s/ Ranette Boyd Is1 B. C. McMinn Secretary Mayor APPROVED AS TO CONTENT: APPROVED AS TO FORM: ATTEST: Secretary Lydick -Hooks Roofing Company CONTRACTOR By: TITLE: COMPLETE ADDRESS: Lydick -Hooks Roofing Company P.O. Box 2645 Lubbock, Texas 79448 Lydick -Hooks Roofing Co. --Civic Center Kitchen; Holly Avenue Plant Maintenance Building. Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Baker to authorize Resolution #3732 as recommended by Staff. Motion carried: 6 Yeas; O Nays. 91-54B-735-632 (32.) BID #11567--Gateway Plaza --Phase I, and authorize same_(Parksand Recreation)_. October 10, 1991 Page 736 is RESOLUTION #3733 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 Pharr Construction Company for paving at the Gateway Plaza - Phase 1, 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 10th day of October, 1991. ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is1 Gene Eads Gene Eads, Purchasing Manager APPROVED AS TO FORM: s Jean E. Shott Jr. Jean E. Shotts, Jr., Assistant Trial Attorney CONTRACT STATE OF TEAMS COUNTY OF LUBBOCK /s/ B. C. McMinn B. C. McMINN, MAYOR THIS AGREEMENT, made and entered into this 10th day of October, 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 Pharr Construction Company of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 11567--Gateway Plaza --Phase I (Parks and Recreation) in the amount of $38,000.00 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 furniish all materials, supplies, machinery, equipment, tools, superinitendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. October 10, 1991 Page 737 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: Is1 Ranette Boyd Secretary APPROVED AS TO CONTENT: ATTEST: Secretary COMPLE'TE ADDRESS: 91-50B--737-633 (33.) 10 CITY OF LUBBOCK, TEXAS (OWNER) Is/ B. C. _McMinn_ Mayor APPROVED AS TO FORM: Pharr Construction Company, Inc. CONTRACTOR By: TITLE: Pharr Construction Company, Inc. P.O. Box 2791 Lubbock, Texas 79408 Motion was made by Mayor by Councilwoman Baker to as recommended by Staff. Nays. Pro Tem Patterson, seconded authorize Resolution #3733 Motion carried: 6 Yeas; D BID #11568--LP&L Substation Renovations, and authorize same [Building Services]. October 10, 1991 Page 738 RESOLUTION #3734 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 Danny Klein Construction Company for LP&L Substation renovations, 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 lath day of October, 1991. ATTEST: Zsl Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Gene Eads Gene Eads, Purchasing Manager APPROVED AS TO FORM: Jean E. Shotts, Jr. Jean E. Shotts, Jr., Assistant Trial Attorney CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK /s1 B. C. McMinn B. C. McMINN, MAYOR THIS AGREEMENT, made and entered into this 10th day of October, 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 Danny Klein Construction Company of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 11568--LP&L Substation Renovations (Building Services) in the amount of $14,897.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. October 10, 1991 Page 739 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, this agreement in Lubbock, first above written. ATTEST: jsj Ranette Boyd Secretary APPROVED AS TO CONTENT: ATTEST: Secretary the parties to these presents have executed Lubbock County, Texas in the year and day CITY OF LUBBOCK, TEXAS (OWNER) Is1 B. C. McMinn Mayor APPROVED AS TO FORM: Danny Klein Construction CONTRACTOR By: TITLE: COMPLETE ADDRESS: Danny Klein Construction Co. 4310 93rd Street Lubbock, Texas 79423 91-50B.-739-634 (13.) 91-50B-•739-535 (14.) 10 Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Baker to authorize Resolution #3734 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 29-9. Consider approval of an Oil and Gas Drilling Permit for Texland CLU 29-9. Dub Bratcher appeared on behalf of Texland Petroleum to request an Oil and Gas Drilling Permit. No one spoke in opposition. Mayor McMinn closed the hearing at 10:23 a.m. Staff received an application on September 18, 1991 for a permit to drill the above described well. The storage site is proposed in conjunction with a tank battery approved by an existing permit. October 10, 1991 Page 740 10 According to Staff memo, the application is substantially in order. The well is part of a secondary recovery field and has no production unit. 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 University or FM 2641. Staff recommended that access be required on farm property, specifically prohibiting traffic through the Crest Hill Subdivision on Purdue, Newcomb, Marlboro and North Boston. SHORT TERM IMPACTS: Undeveloped townhome lots are approximately 200' south and the developed townhome pads are approximately 550' south. The land is under mineral lease to Texland. POTENTIAL LONG TERM IMPACTS: The land area surrounding and including this Lease is designated as single-family on the 1986 Comprehensive Land Use Plan. Five or six wells are in the immediate area, one located 1070' west southwest and one located 1438' east southeast. Staff recommended the following conditions: RECOMMENDED PERMIT 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 necessary, the second series of casing will be in compliance with applicable portions of Rine 13 of the Texas Railroad Commission. 4. The permittee will require all personnel and service vehicles to enter the site from FM 2641 or on private property aligned with Regis Street. No traffic will be permitted through the Crest Hill residential subdivision. 5. The permittee will meet all other conditions of Section 14, Article VI of the Lubbock Code and those specification indicated within the application of Texland Petroleum for CLU #29-9. October 10, 1991 Page 741 qD Motion was made by Councilman Aderton, seconded by Councilman Phillips to approve request of Texland Petroleum for an Oil and Gas Drilling Permit for Texland CLU 29-9 with conditions recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 91-50R-741-636 (15.) Hold a Public Hearing on the proposed Animal Control Ordinance. 91-50B-741-637 (16.) Consider Ordinance #9485--Amending Chapter 4 of the Code of Ord nces with regard to Animal Control. ORDINANCE #9485 AN ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO REGULATING THE KEEPING OF ANIMALS WITHIN THE CITY OF LUBBOCK; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Greg Garrison, Chairman of the Board of Health, stated that approximately two years ago the City Council instructed the Board to review current animal control laws because of unprovoked dog attacks, and numerous stray cat complaints. He went on to advise that the current ordinance has had no revisions since 1981 and is incomplete, as well as being out of compliance with state standards. Mr. Garrison went on to say that a subcommittee consisting of Dr. George .fury, Chairman, Jim Northcut and Jose Ramirez, was appointed to review the Ordinance and that input was sought from the People for Animal Welfare organization, Heart of the Plains Kennel Club, South Plains Obedience Training Organization, and Lubbock Veterinarian Association. According to Mr. Garrison, the Board of Health held a Public Hearing on ,tune 13, 1991. Approximately 600 citizens attended, 42 of whom presented testimony. The Board of Health then considered and passed a revised ordinance which addressed many of the issues raised in the hearing. He advised that the proposed ordinance is the result of in depth study and in his opinion, is a balanced ordinance with no provisions injected by special interest groups. It also addresses the issue of responsible pet ownership, which is not addressed in the present ordinance. At this point, Doug Goodman, Health Administrator advised that letters and calls regarding the ordinance had been sought by the Staff, but that only two letters had been received. One voiced total support --especially for the section regarding "dangerous animals", and the other letter indicated support, but suggested two changes: 1) that the dogs and cats of the shelter should be given only to a chartered, non-profit animal welfare group, and 2) that animals owned by a pet shop or kennel should be destroyed by a licensed veterinarian or given to the animal control section. According to Mr. Goodman, the Subcommittee and Board discussed these suggestions and concluded they were too restrictive to be included in the ordinance. October 10, 1991 Page 742 10 Mr. Goodman then painted out the 8 major changes to the current ordinances as follows: -Expanded animal care section to include provisions prohibiting the sale of animals too young; coloring baby chicks and ducks for Easter; causing animals to fight; mutilating animals and transporting unrestrained animals in the back of a truck. -Provision that cats protected against rabies, wearing City tags and not being a nuisance, may run free in the City; however, any cat, tagged or untagged, which creates a nuisance, may be picked up. -Provision that Animal Control Supervisor has the right to humanely dispose of all animals received at the Shelter, such as by auction, destroying the animal or offering it to a local humane group for adoption. -Adds a section which creates standards for construction and operation of pet shops, kennels and grooming salons. -Provision for registration of dangerous animals with the City; the posting of signs warning citizens of presence of dangerous animal on the premises; and muzzling of dangerous animals not caged. Provides for a formal hearing for animal complaints, and if the animal is found to be dangerous, the Health Administrator may require one or more of the following actions to be taken: ordering removal of the animal from the City; ordering the destruction of the animal; spaying or neutering the animal; ordering registration of the animal with the City including showing proof of $100,000 liability insurance. -Mr. Goodman advised that the old ordinance contained a section regarding "wild animals" and alluded to the question of some regarding the appropriateness of removing a wild animal from the wild. This section was updated to allow ownership of wild animals in the City limits with inspection by the Animal Control Supervisor to ensure the proper care of the animal and safety of the citizens; and further to ensure that the animal does not create a nuisance. -The section regarding beekeeping will protect the citizens and will also support the industry in Lubbock. -Addition of a section to allow keeping of Vietnamese Potbellied Pigs. October 10, 1991 Page 743 -Dog and cat license provisions will not change, but provisions were added for licensing dangerous animals and guard dogs. New permits will also be required for kennels, pet shops and grooming parlors and the cost of the permit will be based on the amount of time estimated to handle inspections and/or complaints related to the business. According to Mr. Goodman, recommended fees for animal establishments will produce approximately $2000 per year. -Provision that impoundment fee be reimbursed to the owner if the animal is sterilized within 30 days of impoundment. Mr. Goodman advised of staff support for the ordinance and that it can be enforced with existing personnel. He recommended that owners of wild animals, cats and bees be given ample time to register their animals and obtain permits before making the law effective. Speaking at the public hearing were: Dr. Don Hegi, President of the South Plains Veterinary Medicine Association, expressed support of the proposed ordinance with the exception of the provisions for fees and licenses in Section 4-33(a), except for the license fee of $2.50 and the dangerous animal fee of $100. Debbie West, representative of PAWS, stated their support of the proposed ordinance with the following exceptions: -Section 4-(a) "Impoundment, Redemption and Disposition" --PAWS requested provisions for mandatory spaying or neutering of auctioned dogs and cats. -Section 4-1 Addition of a definition for "Animal Humane Group" to read: "An animal humane group is a chartered, non-profit group operating within the corporate City limits of Lubbock." -Section 4-9 change from "Sale or Destruction of Impounded Animals" to "Sale or Destruction of Impounded Livestock." -Section regarding general design standards for commercial pet shops and grooming establishments --provide for destruction of animals under this provision to be done by a licensed veterinarian or such animals be released to the animal control supervisor. 10 October 10, 1991 Page 744 10 Joe Bill Rogers commented that he had spent 5 1/2 hours with Mr. Goodman and three 1-hour and 45- minute sessions with Dr. Overstreet, the Animal Control Supervisor. Mr. Rogers stated his opinion that the public nuisance portion of the present ordinance addresses everything that can cause problems in the City of Lubbock, as the Health Oirector may declare anything to be a public nuisance that is a problem. Mr. Rogers went on to say that much of the ordinance is good, and in his opinion it is important to have a good ordinance; however, he questioned and/or opposed the following: -The definition of and how determinations will be made regarding "wild animals". -The section regarding mutilation of animals. -The section regarding sale of animals for purposes of "tormenting other animals." -The requirement to obtain liability insurance in the amount of $100,000 suggesting this be changed to track State Law provision regarding dogs, to allow for proof of financial responsibility. -The provision which makes it illegal for anyone other than a licensed veterinarian to dock an animal's tail. -Suggested that an individual who has a State Permit for a wild animal be exempted from the local wild animal permit requirements. Cecil Puryear expressed opposition to the proposed ordinance. Marshall Chumley, owner of All American Board and Grooming, requested the following changes to the proposed ordinance: -Deletion of "but not including veterinary facilities" from the portion entitled "Animal Establishment". -Addition of a requirement for verification of facts given in a dangerous animal complaint. -Deletion of requirement for $100,000 liability insurance coverage for dangerous animals. -Provide for keeping of hogs on properties annexed into the City. -Deletion of all permit/license fees other than for dog and cat licenses for rabies. -Deletion of requirements regarding cleaning of surfaces that animals come in contact with. October 10, 1991 Page 745 -Deletion of Item 5 under General Design Standards, Specifications and Operating Procedures for Animal Establishments --I. Construction and Maintenance of Physical Facilities - A. Building. Mr. Goodman responded that the issues mentioned by those giving testimony had been fully addressed by the Subcommittee and the Board of Health. He advised specifically regarding the insurance requirements, that the proposed changes track the State Law, and that Sanford Agency advised that the required coverage with the thirty -day cancellation clause is available. Mr. Goodman went on to address the issue of hogs in annexed areas stating that annexed areas are grandfathered, and that the proposed ordinance has expanded provisions for Vietnamese Potbellied Pigs. Councilwoman Baker suggested that staff check with the Planning Department on whether or not the keeping of animals in certain areas is permissible and if so, that the ordinance be amended to allow FFA projects, etc. under specific guidelines. Mayor McMinn commented that the reason for addition of fees is not to increase revenues for the City, and Mr. Goodman agreed, stating that the licensing procedure is a contract between the City and the citizen and reflects the citizen's agreement to comply with City rules and regulations; it also gives the City some way of enforcing the provisions of the ordinance. Councilwoman Baker asked if Health Inspectors will check for the required permits and Mr. Goodman stated that they will. Further brief discussion followed and Mayor McMinn closed the public hearing at 11:44 a.m. Motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Patterson to approve Ordinance #9485 on first reading, with the understanding that Staff review provisions regarding insurance, the keeping of hogs and other issues raised during the hearing in light of making revisions to accommodate the objections. Councilman Aderton expressed opposition to taking action on the ordinance until the issues raised in the hearing have been addressed. Mayor McMinn replied that the Council will only be considering passage on first reading and that second reading will be delayed until the ordinance is fine tuned. He went on to say that the staff and citizens will be working together before second reading is held. Motion carried 6 Yeas; 0 Nays. 10 91-50B-745-638 (25.) Hold an Executive Session to discuss pending. litigation (Planning). October 10, 1991 Page 746 91-50B-746-639 (34.) 91-50B-746-640 (35.) WHEREAS, relating to ad applies to and unit; and Lubbock Central Appraisal District Consider Resolution #3735 nominating board members for the Lubbock Central Appraisal District. RESOLUTION #3735 there has been enacted in the State of Texas an Act valorem taxation of property (S.B. 621), and this Act is controlling on the City of Lubbock, Texas, as a taxing WHEREAS, there is created under the provisions of this Act, a Board of Directors to govern the Appraisal District established by the Act. 'The City of Lubbock is desirous of nominating candidates to be placed on the ballot for election to this Board of Directors upon the next election as provided by this Act. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the following persons are nominated by the governing body of the City of Lubbock as candidates for positions on the Board of Directors of the Appraisal District created for the County of Lubbock, and that the names of these candidates be submitted to the Chief Appraiser of the Appraisal District by the Mayor to be placed on the ballot for election to such positions at the next election for such purpose. &ubrey Faulkner W. B. Criswell Passed by the City Council this 10th day of October, 1991. Is1 B. C. McMinn B. C. MCMINN, MAYOR ATTEST: s Rariette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s J. Robert Massengale Robert Massengale, Assistant City Manager, for Financial Services APPROVED AS TO FORM: s Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney 10 In accordance with the Texas Property Tax Code it is necessary to elect board members for the Central Appraisal District every two years. The City Council is required to submit nominees to the District prior to October 15 and must cast its 1,469 votes (of 5,000 votes) prior November 15. Of 5,000 total possible votes from all jurisdictions, the City Council is eligible to submit 1,469 votes. October 10, 1991 Page 747 According to Staff memo, two years ago, the City Council nominated all incumbent board members and when Phil Pirkle resigned, Marlon Ribble was elected to replace him. All existing board members have indicated an interest in continuing to serve and Staff is satisfied with the operation of the Central Appraisal District and recommended reappointment of existing members. The Lubbock Independent School Board has nominated Buddy Forbess, Marlon Ribble, and Leroy Montoya. Staff recommended nominating W.B. Criswell and Aubrey Faulkner. Motion was made by Councilman Phillips, seconded by Councilman Aderton to nominate W.B. Criswell and Aubrey Faulkner to serve on the Lubbock Central Appraisal District. Motion carried: 6 Yeas; 0 Hays. There being no further business to come before Council, motion was made by Councilwoman Baker, seconded by Councilwoman Trejo to adjourn the meeting at 12:39 p.m. Motion carried: 6 Yeas; 0 Hays. �- B. C. McMi n, Mayor ATTEST:: Ran tte Boyd, City Secr tary Read and approved this the 22nd day of October, 1991. X/F r B. C. McMin , Mayor fuze Ran te Boyd, Se etary