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