HomeMy WebLinkAboutMinutes - City Council - Regular - 1/23/1992CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
JANUARY 23, 1992
10:00 A.M.
The City Council of the City of Lubbock, Texas met in regular session on
the 23rd day of January, 1992 in the City Council Chambers, first floor,
City Hall, 1E25 13th Street, Lubbock, Texas at 10:00 A.M.
Present: Mayor B. C. McMinn, Mayor Pro Tem T. J. Patterson, Councilman
Gary Phillips, Councilman Bill Maloy, Councilwoman Joan Baker,
Councilwoman Maggie Trejo, Councilman M. J. Aderton, City Manager Larry
J. Cunningham, City Attorney John C. Ross, Jr., and City Secretary
Ranette Boyd.
Mayor McMinn called the meeting to order at 10:00 A.M.
{ 1.} The Invocation was given by Dan Hawkins, Director of
Water Utilities.
{ 2.) The Pledge of Allegiance was given in unison by
those in the Council Chambers.
{ 3.} Motion was made by Councilwoman Trejo, seconded by
Mayor Pro Tem Patterson to approve the Minutes of
the January 9, 1992 Regular City Council meeting as
written. Motion carried: 7 Yeas; 0 Nays.
( 4.) Board Appointments
92-51A-25-21
{ 5.} A representative of the Lubbock Cultural Affairs
Council will appear to present the following
recommendations:
A. Consider recommendations for
awarding of Arts Grants for the
second and final grant period of
1991.
Bill Armstrong, Chairman of the Arts Grants Review
Committee, Lubbock Cultural Affairs Council, stated
that on January 10, 1991, the City Council approved
an Agreement to allocate $106,411.72 to be awarded
by the Cultural Affairs Council for the
encouragement, promotion, and improvement of all
forms of art in the community. This represents the
amount collected from 1/2 cent of the Hotel/Motel
Tax during the fiscal year ending September 30,
1990. The Agreement provides for a committee of the
Cultural Affairs Council to receive and evaluate
applications for grant awards and make
recommendations to the City Council.
On July 11, 1991, Council approved recommendations
for the Cultural Affairs Council to award $61,646 in
grants for the first half of 1991; this
recommendation is for Council approval of $75,126 in
grant awards for the second and final grant period
of 1991.
January 23, 1992
Page 25
The $75,126 in grant awards now recommended plus the
$61,646 in grants approved in June equals $136,772
(or $30,360.28 more than the $106,411.72 provided to
the Cultural Affairs Council by the 1991 Agreement).
However, the balance in unspent monies from previous
years totals $61,023.41 and this plus the
$106,411.72 awarded in the 1991 Agreement leaves a
balance of $30,663.13.
This past year the Cultural Affairs Council provided
workshops for those interested in submitting grant
applications and as a result, the grants received
and approved represent greater ethnic diversity.
Following is a listing of the recommendations of the
Cultural Affairs Council Review Committee:
Recommended_
Westwinds Brass Band
$ 2,000
"Concerts in the Park"
KOHM
8,000
"Public Telecommunications Facility"
Texas Tech University Music Theatre
2,000
"The Pirates of Penzance"
Lubbock Fine Arts Center
4,850
"Sculpture in the Park"
Lubbock Black Cultural & Heritage
Center
3,500
"Black Creativity: An Artists
Invitational"
Lubbock Cultural Affairs Council
7,500
"Carmen Lomas Garza: Pedacito de
mi Corazon"
Lubbock Cultural Affairs Council
10,000
"The Greatest Arts Show on Earth"
Catholic Family Service, Inc.
1,000
"Que Hago: Teen Theatre Group"
Texas Tech University Center Programs
1,000
"Yellowjackets Jazz Concert"
Texas Tech University Center
Activities
3,000
"lnti-Illimani"
Science Spectrum
6,000
"1492: Two Worlds of Science"
Texas Tech University Department
of Art
2,450
"Contemporaries: A Student
Competition"
Ballet Lubbock
5,000
"Ballet Lubbock Summer Festival
of Dance"
West Texas Watercolor Society
2,000
"West Texas Watercolor Society
Signature I Exhibit"
Guadalupe -Parkway Academy of Dance
3,000
"Expanding the Horizons of Dance
in Lubbock"
Lubbock Community Theatre
2,226
"Daddy's Dyin' Who's Got the Will"
Ranching Heritage Center
4,000
"National Cowboy Symposium and
Celebration"
MHMR
3,000
"Art in Recovery"
Texas Tech University
600
"Upward Bound Project"
University Civic Chorale
4,000
"Tribute to Bernstein and Copland"
January 23, 1992
Page 27
Motion was made by Councilman Aderton, seconded by
Councilwoman Baker to approve recommendations of the
Lubbock Cultural Affairs Council for awarding of
Arts Grants for the second and final grant period of
1991 as listed above. Motion carried: 7 Yeas; 0
Nays.
B. Presentation of a check for interest
earnings to the City of Lubbock.
The 1991 Agreement with the Cultural Affairs Council
provided that $5,320.59 of the funds paid by the
City be put into an operating account and be used
for administrative costs. All other funds received
by the Cultural Affairs Council were required to be
placed in an interest -bearing account pending
dispersal to the grantees, with the interest earned
being rebated to the City. The amount of $4,302.74
represents interest received for the past year.
Council accepted a check in the amount of $4,302.70.
C. Consider Resolution #3792
authorizing the Mayor to W n an
Agreement with the Lubbock Cultural
Affairs Council for an Arts Grant
Program for 1992.
RESOLUTION #3792
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock an
Agreement by and between the City of Lubbock and the Lubbock Cultural
Affairs Council, 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 23rd day of January, 1992.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:,
s Ranette Boyd
Ranette Boyd, City Secretary
APPROV17D AS TO CONTENT:
s Rita P. Harmon
Rita P. Harmon, Assistant City Manager
for Public Safety and Services
APPROVED AS TO FORM:
s Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
January 23, 1992
Page 28
STATE OF TEXAS §
COUNTY OF LUB80CK §
AGREEMENT
This agreement is made by and between the City of Lubbock, a
municipal corporation ("City"), and the Lubbock Cultural Affairs
Council, a non-profit Texas Corporation ("Council"), for the purposes
and considerations hereinafter expressed:
WITNE55ETH:
WHEREAS, Section 351.002 V.T.C.A., Tax Code authorizes the City to
impose by ordinance a hotel occupancy tax which may not exceed seven
percent of the consideration paid by hotel occupants for a hotel room;
and
WHEREAS, Section 351.101 V.T.C.A., Tax Code authorizes revenue
from the municipal hotel occupancy tax to be used only to promote
tourism and the convention and hotel industry; and
WHEREAS, Section 351.101 V.T.C.A., Tax Code authorizes the City to
use a portion of revenue derived from its hotel occupancy tax for the
encouragement, promotion, improvement and application of the arts; and
WHEREAS, there is now on deposit in the City's General Fund
$105,119.90 (the "Funds") collected by the City on or before September
30, 1991, for the fiscal year ending on that date, which funds represent
that portion of the hotel occupancy tax that may be disbursed for the
encouragement, promotion, improvement and application of the arts as
heretofore stated; and
WHEREAS, the Council, which is comprised of a representative
cross -:section of those interested in and participating in the Lubbock
arts community, has proposed certain Guidelines (hereinafter
"Guidelines" that are attached hereto as Exhibit A and made a part
hereof and incorporated herein by reference for all purposes) and said
Guidelines require a Review Committee to recommend to the City how the
funds should be distributed:
NOW THEREFORE, the City and Council agree as follows:
I. The City hereby adopts, ratifies and affirms the Guidelines
attached hereto as Exhibit A and the procedures set forth therein.
2. The City hereby agrees to pay to the Council the sum of
$105,11.9.90 in three equal installments of $35,039.97; the first
installment to be paid upon the execution of this agreement by both
parties, the second on or before August 15, 1991, and the third on or
before November 15, 1991.
?. From the first installment paid by the City, $5,256.00 (5%)
may be used to pay the estimated administrative costs of the
disbursement of the funds. The balance of that installment and all
other installments shall be deposited pending disbursement to
application grantees in an interest bearing account at a depository of
the Council's choosing. The principal amounts of the installments only
shall be expended as approved, with the interest being rebated to the
City at, the end of the term of this agreement (or sooner at the
convenience of the parties).
4. The City, in writing, shall approve in advance the
semi-annual grant awards recommended by the Council and Review
Committee.
5. The Council must maintain the funds provided by the City in
a separate account established for that purpose and may not commingle
those funds with any other money or maintain it in any other account.
January 23, 1992
Page 29
6. The Council shall maintain complete and accurate financial
records as to the administrative costs of the disbursement of the funds
and as to the disbursement of the funds themselves and how they are
spent by the application grantees, and on request of the City or another
person, shall make the records available for inspection and review at
all reasonable times, and shall make at least quarterly reports to the
City with regard to such expenditures. The Council will furnish the
City with an annual financial report listing all expenditures made by
the Council and detailing how each grantee has expended its grant funds.
7. The funds shall be disbursed to application grantees only in
accordance with the Guidelines attached hereto.
13. 1f the Review Committee approves applications for grants in
excess of the amount disbursed by the City in either the first or second
installments, but less than the total amount of $105,119.90, the City,
in its sole discretion, may advance the additional amount requested
prior to the time when the remaining installment or installments are to
be paid.
9. The Council shall allow the City's accountants to audit the
expenditure of the funds and shall be responsible for the costs of the
audits (which may be paid from the funds), and any other expenses
incurred by the City in assuring that said funds are properly disbursed
by the Cauncii.
10., The Council hereby indemnifies the City from any and all
claims or liabilities of any nature whatsoever arising out of the
disbursement and use of the funds by the Council including, but not
limited to, any cause of action or claim arising at events made possible
or partially possible by the funds, and the Council further agrees to
hold the City harmless therefrom.
H . The Council will request that each grantee receiving funds
include the following acknowledgement on printed programs or other
information produced by the grantees: "This program (exhibit) is made
possible (in part) through a grant from the City of Lubbock recommended
by the Lubbock Cultural Affairs Council."
January 23, 1992
Page 30
12. This agreement shall expire December 31, 1992.
Executed this 23rd day of January, 1992.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Rita P. Harmon
Rita P. Harmon, Assistant City Manager
for Public Safety and Services
APPROVED AS TO FORM-
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
THE CITY OF LUBBOCK:
/s/ B. C. McMinn
B. C. McMINN, MAYOR
LUBBOCK CULTURAL
AFFAIRS COUNCIL:
/s/ Nicky Standlee
Nicky Standlee, President
ATTEST:
/s/_ John A. _(Not Legible)
Secretary
For each of the past 12 years, the City Council has
approved an Agreement with the Lubbock Cultural
Affairs Council whereby the City paid a portion of
the revenues collected from the Hotel/Motel Tax for
the encouragement, promotion and improvement of all
forms of art in the community.
The 1992 Agreement provides for a total of
$105,119.90, which is 1/2t of the 7t Hotel/Motel Tax
collected during the fiscal year ended September 30,
1991. This represents a decrease of $1,291.82 below
the allocation for 1991 of $106,411.72. The
Agreement provides that a committee of the Cultural
Affairs Council receive and evaluate applications
for art grants and make recommendations to City
Council for awarding of these grants. Approved
grants are then paid by the Cultural Affairs Council
out of funds received from the City.
The Cultural Affairs Council recommended a new
agreement to continue this program through 1992.
The provisions of the proposed 1992 Agreement are
the same as those in the 1991 Agreement except for
amounts. The 1992 Agreement provides for a total of
$105,119.90 to be paid to the Cultural Affairs
Council in three equal installments of $35,039.97.
January 23, 1992
Page 31
92-51A-31-22
( 5.)
Motion was made by Mayor
by Councilwoman Trejo to
as recommended by Staff.
Nays.
2400 Auburn Street].
ORDINANCE #9494
Pro Tem Patterson, seconded
authorize Resolution #3792
Motion carried: 7 Yeas; 0
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF STREETS AND ALLEYS
AND/OR EASEMENTS AND RIGHTS -OF -WAY LOCATED IN OR ADJACENT TO ROBERTS AND
McWHORTER ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND
MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE
CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO
REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
92-5IA-31-23
( 8.)
This Ordinance was approved on first reading on
December 19, 1991. It closes all public rights -of -
way within the planned Cavazos Junior High property
being platted. A check has been received for
$11,215.85 for the areas being closed and all
utility companies are in agreement with the closure.
The final plat is not ready to be filed, but the
Lubbock Independent School District has requested
second reading of this ordinance so they may begin
demolition work on Waco Avenue.
Staff recommended the second reading of this
ordinance.
Motion was made by Mayor Pr
by Councilman Maloy to pass
reading Ordinance #9494 as
Motion carried: 7 Yeas; 0
ORDINANCE #9450
o Tem Patterson, seconded
on second and final
recommended by Staff.
Nays.
AN ORDINANCE ABANDONING AND CLOSING PDRTIDNS OF AN ALLEY LOCATED
IN DINGUS; ADDITION TO THE CITY OF LUBBOCK, LUBBDCK COUNTY, TEXAS, AND
MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE
CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID
ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
This Ordinance was approved on first reading on June
13, 1991. The final plat has been submitted and all
utilities are in agreement with the closure. This
closes an alley located east of Ash Avenue between
East 80th Street and East 81st Street. Staff
recommended approval.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Maloy to pass on second and final
reading Ordinance #9450 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
January 23, 1992
Page 32
92-51A-32-24
( 9.)
tract out of Section 15, Block E-2.
ORDINANCE #9496
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2118-R; A ZONING CHANGE FROM R-1 SPECIFIC USE AND R-2 TO R-1 AND C-3
ZONING ON A TRACT OF LAND OUT OF SECTION 15, BLOCK E-2, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
92-51A-32-25
(10.)
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Malay to pass on second and final
reading Ordinance #9496 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
ORDINANCE #9497
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
1227-B:; A ZONING CHANGE FROM C-3 AND M-1 TO C-4 AND C-4 SPECIFIC USE
PERMIT FOR MINI -WAREHOUSES ON ALL OF BLOCK 1, GORDON-BOZEMAN ADDITION,
LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
92-51A-32'-26
(11.)
Motion was made by Mayor Pr
by Councilman Malay to pass
reading Ordinance #9497 as
Motion carried: 7 Yeas; 0
ORDINANCE #9498
o Tem Patterson, seconded
on second and final
recommended by Staff.
Nays.
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2488-A; A ZONING CHANGE FROM R-3 TO GO ZONING ON LOTS 9 AND 10, WACASEY
ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Malay to pass on second and final
reading Ordinance #9498 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
January 23, 1992
Page 33
92-5IA-33-27
(14.)
ORDINANCE #9499
AN ORDINANCE ABANDONING AND CLOSING AN ELECTRICAL LINE EASEMENT
LOCATED IN SECTION 17, BLOCK E-2, LUBBOCK, LUBBOCK COUNTY, TEXAS, AND
MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE
CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO
REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
This Ordinance abandons and closes an LP&L Overhead
Transmission Line Easement located along the west
side of Memphis Avenue, just south of 98th Street.
This 10' wide X 1,775' long Easement was dedicated
in 1980, and LP&L has determined that it should be
22' west of the center line of Memphis Avenue
instead of 32'. This Easement will be closed and a
replacement Easement dedicated. Staff recommended
approval.
Motion was made by Councilwoman Baker, seconded by
Councilman Maloy to pass on first reading Ordinance
#9499 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
92-51A-33-28
(15.)
January 23, 1992
Page 34
RESOLUTION #3793
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock an
Emergency Shelter Grant Application for the year 1992 and related
documents, which Application is 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 23rd day of January, 1992.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/sZ Sandy Ogletree
Sandy Ogletree, Community Development
Coordinator
APPROVI7D AS TO FORM:
/sZ Dennis W. McGill
Dennis W. McGill, Trial Attorney
A copy of the Emergency Shelter Grant Application is filed with
Resolution No. 3793.
The purpose of the Emergency Shelter Grant Program
is to fund provision of safe and sanitary shelters,
supportive services and other kinds of assistance
for the homeless. The estimated funding for this
grant for FY 1992 is $56,000. A Request for
Proposals will be published in the Lubbock Avalanche
Journal to invite non-profit agencies to apply for
the funds, and a copy of the RFP will be mailed
directly to area organizations which assist or come
into contact with Lubbock's homeless.
Eligible assistance activities include the
rehabilitation or conversion of buildings for use as
emergency shelters for the homeless; the payment of
certain operating expenses; the payment of expenses
for essential services in connection with emergency
shelters for the homeless; and development of
homeless prevention activities.
Only 20% of the grant may be utilized for the
payment of essential services without a waiver from
HUD. There is a matching component which requires
that the City of Lubbock or a non-profit
subrecipient match the amount of the grant with
direct or indirect contributions. In addition, the
regulations authorize the use of 5% of the
allocation for administrative costs. The grant
application is due to HUD by February 6, 1991.
Staff recommended approval.
January 23, 1992
Page 35
Motion was made by Councilwoman Trejo, seconded by
Mayor Pro Tem Patterson to authorize Resolution
#3793 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
92-51A-35-29
(16.) Consider setting the date and time for the Community
Development Block Grant Public Hearing.
92-51Arv35-30
(17.)
As part of the Community Development Block Grant
submission process, the City Council conducts one
public hearing to provide opportunity for citizen
comment on the proposed expenditure of Community
Development funds. The recommended program
developed by the Community Development Advisory
Committee will be published February 16, 1992.
Staff recommended the time and date of the public
hearing be set for 5:00 p.m., February 27, 1992.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Aderton to set the time and date of
the CDBG public hearing for 5:00 p.m., February 27,
1992 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
RESOLUTION #3794
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 Lease
No. DTFA07-92-L-01094 with the U.S. Department of Transportation,
Federal Aviation Administration, for a temporary mobile airport
surveillance radar site, which Lease is attached hereto and 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 23rd day of January, 1992.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ranette aoyd
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
January 23, 1992
Page 36
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
Southwest Region
Fort Worth, Texas 76193-0056
Lease No. DTFA07-92-L-0I094
Temporary Site, Airport Surveillance
Radar (ASR-9) (Mobile Radar)
Lubbock International Airport
Lubbock, Texas
LEASE
between
CITY OF LUBBOCK, TEXAS
and
THE UNITED STATES OF AMERICA
This LEASE, made and entered into this 23rd day of January in the
year one thousand nine hundred and ninety-two, by and between CITY OF
LUBBOCK, TEXAS, whose address is Lubbock International Airport, Route 3,
Box 389, Lubbock, Texas 79401, for itself, its successors and assigns,
hereinafter called the Lessor and the UNITED STATES OF AMERICA,
hereinafter called the Government:
WITNESS ETy: The parties hereto for the consideration hereinafter
mentioned covenant and agree as follows:
I. For the term beginning January I, 1992, and ending September 30,
1992, the Lessor hereby leases to the Government the following described
property, hereinafter called the premises, VIZ:
A tract of land measuring 100' x 100' on the Lubbock International
Airport, said tract being more particularly described on the attached
drawing labeled as Exhibit "A," dated October 18, 1991, for use as a
temporary, mobile airport surveillance radar site pending improvements to
the existing airport surveillance equipment.
a. Together with a right-of-way for ingress to and egress from
the premises; a right-of-way or rights -of -way for establishing and
maintaining a pole line or pole lines for extending electric power, and
telecommunications facilities to the premises; and right-of-way for
subsurface power, communication and water lines to the premises, all
rights -of -way to be over the said lands and adjoining lands of the
lessor, and unless herein described by metes and bounds, to be by routes
reasonably determined to be the most convenient to the Government.
b. And the right of grading, conditioning, and installing
drainage facilities, and seeding the soil of the premises, and the
removal of all obstructions from the premises which may constitute a
hindrance to the establishment and maintenance of air navigation and
telecommunications facilities.
C. And the right to make alterations, attach fixtures, and
erect addition, structures, or signs, in or upon the premises hereby
leased, which alterations, fixtures, additions, structures or signs so
placed in or upon, or attached to the said premises shall be and remain
the property of the Government, and may be removed upon the date of
expiration or termination of this lease, or within ninety (90) days
thereafter, by or on behalf of the Government, or its grantees, or
purchasers of said alterations, fixtures, additions, structures, or
signs.
January 23, 1992
Page 37
2. RENT:
The Government shall pay no monetary consideration in the form of
rental, it being mutually agreed that the rights extended to the
Government herein are in consideration of the obligation assumed by the
Government in its establishment, operation, and maintenance of airport
surveillance radar facilities upon the premises hereby leased.
3. CANCELLATION:
The Government may terminate this lease at any time by giving at
least thirty (30) days notice in writing to the Lessor. Said notice
shall be sent by certified or registered mail.
4. OFFICIALS NOT TO BENEFIT:
No Member of or Delegate to Congress, or Resident Commissioner
shall be admitted to any share or part of this Lease, or to any benefit
that may arise therefrom; but this provision shall not be construed to
extend to this lease if made with a corporation for its general benefit.
5. LESSOR WARRANTY:
The Lessor warrants that no person or selling agency has been
employed or retained to solicit or secure this Lease upon an agreement
or understanding for a commission, brokerage, percentage or contingent
fee, except bona fide employees or bona fide established commercial or
selling agencies maintained by the Lessor for the purpose of securing
business. For breach or violation of this warranty, the Government shall
have the right to annul this Lease without liability, or in its
discretion to deduct from amounts otherwise due under this Lease or
other consideration, the full amount of such commission, brokerag,e
percentage, or contingent fee.
5. FUNDING RESPONSIBILITY CLASS I - II FACILITIES:
The airport owner agrees that any relocation, replacement, or
modification of any Federal Aviation Administration Class I and Class II
facilities, or components thereof, as defined below, covered by this
Lease during its term or any renewal thereof made necessary by airport
improvements or changes which impair or interrupt the technical and/or
operational characteristics of the facilities will be at the expense of,
the airport owner; except, when such improvements or changes are made at
the specific request of the Government. In the event such relocations,
replacements;, or modifications are necessitated due to causes not
attributable to either the airport owner or the Government, funding
responsibility shall be determined by the Government.
CLASS I FACILITIES
Remote Transmitters/Receiver (Tower)
Airport 'Traffic Control Towers
Airport :Surveillance Radars
Airport :surface Detection Equipment
Precision Approach Radar
ILS and Components
ALS and Components
Flight Service Stations
Visual Landing Aids
Direction Finding Equipment
VOR's, TVOR's, and VORTAC's
(Instrument Approach0
Weather Observing & Measuring
(Owned and operated by FAA)
Central Standby Powerplants
CLASS II FACILITIES
Long Ranee Radar
Air Route Traffic Control Centers
Remote Control Air -Ground
Communication Facility
VOR and VORTAC (en route only)
Flight Service Station
Remote Communications Outlet
Limited Remote Communications
Outlet
Other En Route Facilities
January 23, 1992
Page 38
7. NON -RESTORATION:
It is hereby agreed between the parties that upon termination of
its occupancy the Government shall have no obligation to restore and/or
rehabilitate, either wholly or partially, the property which is the
subject matter of this lease. It is further agreed that the Government
may abandon in place any or all of the structures and equipment
installed in or located upon said property by the Government during its
tenure. Notice of abandonment will be conveyed to the Lessor in writing.
B. NOTICES:
All notices sent to the parties under the Lease shall be addressed
as follows:
'To the Lessor: The City of Lubbock, Lubbock International Airport,
Route 3, Box 309, Lubbock, Texas 79401
To the Government: Department of Transportation, Federal Aviation
Administration, Southwest Region, ATTN: ASW-55, Fort Worth, Texas
76193-005v.
IN WITNESS WHEREOF, the parties hereto have unto subscribed their
names as of the date first above written.
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Bern E. Case
Bern E. Case, Director Aviation
APPROVED AS TO FORM:
s Harold Willard
Harold Willard, Assistant
City Attorney
CITY OF LUBBOCK, TEXAS
By:IsZ B. C. McMinn
B. C. McMinn, Mayor
THE UNITED STATES OF AMERICA
By:/s/ Lottie M. Kirsch
Lottie M. Kirsch
Contracting Officer
CORPORATE CERTIFICATE
I, Ranette Boyd, certify that I am the City Secretary of the Corporation
named in the foregoing agreement, that B. C. McMinn who signed said
agreement on behalf of said corporation, was then Mayor of the City of
Lubbock, thereof, that said agreement was duly signed for and in behalf
of said corporation by authority of its governing body, and is within
the scope of its corporate powers.
Dated thiis 23rd day of January, 1992.
Signed by:/s/ Ranette Boyd
Ranette Boyd, City Secretary
Exhibit A is filed with Resolution No. 3794.
January 23, 1992
Page 39
92-51A-39-31
(18.)
The FAA is upgrading the Radar Antenna that serves
the Air Traffic Control Tower at Lubbock
International Airport. In preparation, the FAA has
requested to lease a plot of land, 100' by 1001,
near the existing tower in order to set up an
Airport Surveillance Radar (ASR-9 Mobile Radar) that
will serve the tower while the main antenna is being
replaced. There will be no monetary consideration
for this Lease which will expire September 30, 1992.
The FAA Tower Chief advises that this new antenna
will greatly enhance the quality of the images on
their monitors.
Staff recommended approval.
Motion was made by Mayor
by Councilwoman Trejo to
as recommended by Staff.
Nays.
RESOLUTION #3795
Pro Tem Patterson, seconded
authorize Resolution #3794
Motion carried: 7 Yeas; 0
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 for Exchange of Real Property and related documents with the
Texas Parks 8L Wildlife Department (TP&W), together with any changes to
such contract or such documents that are approved as to form by the City
Attorney and necessary to effect the exchange of property between the
City and TP&WI, which contract is attached hereto and 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 23rd day of January, 1992.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Lee Osborn
Lee Osborn, Director of Parks
& Recreation
APPROVED AS TO FORM:
s Harolld Willard
Harold Willard, Assistant City
Attorney
A copy of the Contract for Exchange of Real Property with the Texas
Parks and Wildlife Department is filed with Resolution No. 3795.
January 23, 1992
Page 40
This item sets ❑ut the Texas Parks and Wildlife
Commission Lubbock Lakesite-Mackenzie Park land
exchange. Staff recommended City Council approval
of a Contract for Exchange ❑f Real Property and
subsequent documents which will include warranty
deeds, title insurance or whatever documents that
may need to be assigned prior to closing. It is
anticipated that all documents will be executed and
the transactions completed by the end of February,
1992.
An integral element ❑f the land exchange was the
appraisal which was completed May 23, 1991 by Donald
C. Wood and D'Wayne Gann, Appraisers for the Texas
General Land Office. There was a significant
difference in the appraisal of the tw❑ parcels:
Mackenzie Park has 542.2 acres and was appraised at
$373,000; the Lubbock Lakesite has 307.315 acres at
an appraised value ❑f $201,000, for a difference of
$172,000 in favor of TP&W.
To,offset this difference in appraised value, TP&W
requested additional acreage at the Lubbock Lakesite
for future expansion ❑f TP&W administrative offices.
This additional acreage will not totally ❑ffset the
difference in appraised value; however, the Texas
Parks and Wildlife Commission and City Staff agree
that additional specific contributions as follow
would justify the trade: (1) The additional 29.3
acres (including improvements) is appraised at
$65,000; and (2) the City ❑f Lubbock also expended
approximately $90,000 for utility location, and has
contributed $100,000 for the creation ❑f life-size
sculptures of the large animals that inhabited the
Lubbock Lakesite at the end of the Ice Age.
The Contract for Land Exchange will include the
following points:
a. V.T.C.A. Parks and Wildlife Code
13.009 permits the Texas Parks and
Wildlife Department t❑ convey park
property to the City in exchange for
❑ther park property, provided the
properties exchanged continue t❑ be
used for park purposes.
b. Texas Parks and Wildlife will assign
the lease (to expire in 2037) for 45
acres of property owned by Lubbock
County in Mackenzie Park.
C. Texas Tech University will continue
archaeological and historical
research, and development and
promotion of the site.
d. The current InterAgency Agreement
between Texas Tech and TP&W will be
extended until a new agreement
between Tech and TP&W is
consummated.
e. Current lease agreements for
Mackenzie and Lubbock Lakesite
between the City of Lubbock and TP&W
will terminate once the exchange is
complete.
January 23, 1992
Page 41
92-51A-41-32
(19.)
f. The City reserves all rights to the
current utility and pipeline
easements.
This Contract is subject to approval by the Governor
of the State of Texas and the Texas Parks and
Wildlife Commission and it will be effective upon
delivery to the City of certification of approval by
both the Governor and the TP&W Commission.
Following actions by the City Council and Texas
Parks and Wildlife Commission, all documents will be
presented to the Attorney General's Office for
review and then to the Governor for final approval.
Shortly thereafter, the closing will be scheduled
and all transactions completed by the end of
February, 1992.
Motion was made by Councilman Aderton, seconded by
Councilwoman Trejo to authorize Resolution 93795 as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
RESOLUTION 93796
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock an
Assignment of the Purchased Power Agreement with Southwestern Public
Service Company to the West Texas Municipal Power Agency, 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 23rd day January, 1992.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Carroll McDonald
Carroll McDonald, Director of
Electric Utilities
APPROVED AS TO FORM:
s Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
January 23, 1992
Page 42
ASSIGNMENT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
City of Lubbock, in consideration of the payment of $100.00, the
promise of West Texas Municipal Power Agency to receive power from
Southwestern Public Service Company and to sell power t❑ City ❑f
Lubbock, and other good and valuable consideration, by this instrument
grants and conveys to West Texas Municipal Power Agency all ❑f its
right, title, and interest in that certain contract executed by Alan
Henry, Mayor Pr❑ Tem, on behalf of the City of Lubbock and C. F. Miinar,
Vice President, ❑n behalf of Southwestern Public Service Company, on
January 10, 1980, as amended by letter agreement dated May 7, 1985, and
as amended by First Amendment to Agreement between the City of Lubbock,
Texas, and Southwestern Public Service Company, executed January 25,
1990, a copy of which is attached to this Assignment as Exhibit 1,
except that City ❑f Lubbock shall remain jointly liable along with West
Texas Municipal Power Agency for all amounts owed to Southwestern Public
Service Company pursuant to that certain contract attached hereto as
Exhibit 1.
City of Lubbock, in consideration of the payment of $100.00, the
promise of West Texas Municipal Power Agency to receive power from
Southwestern Public Service Company and t❑ sell power t❑ City of
Lubbock, and other good and valuable consideration, by this Assignment
grants and conveys to West Texas Municipal Power Agency all ❑f its
right, title, and interest in and t❑ any and all sums ❑f money now due
❑r to become due to City of Lubbock from Southwestern Public Service
Company in the form of refunds or any other form, under that certain
contract dated January 10, 1980, as amended, a copy of which is attached
t❑ this Assignment as Exhibit 1. City ❑f Lubbock authorizes West Texas
Municipal Power Agency, at its own expense, to take all steps necessary
to collect such sums ❑f money.
This Assignment is made subject to the following terms:
1. NO WARRANTY
City of Lubbock makes this Assignment without any warranty
of any sort, express, implied, or statutory. City of Lubbock expressly
disclaims any warranty ❑f title ❑r otherwise and assigns t❑ West Texas
Municipal) Power Agency only s❑ much right, title, ❑r interest as City of
Lubbock now has in the contract assigned, a copy of which is attached as
Exhibit 11.
2. 1NEDEMNITIES
West Texas Municipal Power Agency agrees to indemnify City
of Lubbock fair any liability to third parties arising out of or in
connection with the contract assigned, a copy of which is attached to
this Assignment as Exhibit 1. No indemnities of any nature or kind run
from City of Lubbock to West Texas Municipal Power Agency in any
connection with this Assignment.
January 23, 1992
Page 43
3. BINDING AFFECT
This Assignment, and all of its terms and conditions, are
binding on City of Lubbock and its successors and assigns, and on West
Texas Municipal Power Agency and its successors and assigns.
SIGNED AND DELIVERED this 23rd day of January, 1992.
CITY OF LUBBOCK
BY:Is/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
ZsZ Carroll McDonald
Carroll McDonald, Director of
Electric VEilities
APPROVED AS TO FORM:
/sZ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Assignment was acknowledged before me on the 23rd day of
January 11992, by B. C. McMINN, Mayor of the City of Lubbock.
Is1 Olivia R. Solis
Notary Public in and for
[Seal] the State of Texas
Olivia R. Solis
Typed or Printed
Name of Notary
My Commission Expires:11/30/93
Acceptance and Exhibits are filed with Resolution No. 3796.
The member cities of the West Texas Municipal Power
Agency (WTMPA) are assigning their existing Purchase
Power Agreements with Southwestern Public Service
Company to WTMPA. This assignment which will allow
WTMPA to purchase the power directly from SPS and
sell to the member cities, will improve the cities'
position with respect to negotiations and
litigations when dealing with SPS.
WTMPA presently consists of the Cities of Lubbock,
Brownfield, Tulia, and Floydada.
Motion was made by Councilman Malay, seconded by
Mayor Pro Tem Patterson to authorize Resolution
#3796 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
January 23, 1992
Page 44
92-51A-44-33
(20.) Consider Resolution #3797 canvassing returns of the
January 18, 1992 City of Lubbock Special Election
and Charter Election.
RESOLUTION #3797
A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULTS OF
THE SPECIAL CITY ELECTION FOR AN ADDITIONAL SALES AND USE TAX AND FOR
CHARTER AMENDMENTS HELD THE 18TH DAY OF JANUARY, 1992.
BE IT REMEMBERED THAT on the 23rd day of January, 1992, the City
Council of the City of Lubbock met at 10:00 o'clock A.M., at the regular
meeting place of the City Council in the City of Lubbock Municipal
Building, with the following members present, to -wit:
B. C. "PECK" McMINN
MAGGIE TREJO
T. J. PATTERSON
M. J. "BUD" ADERTON
BILL MALOY
GARY PHILLIPS
JOAN BAKER
On motion of Maggie Trejo, seconded by Bud Aderton, it is
unanimously carried that the returns of the Special City Election held
January 18, 1992, for the purpose of submitting a proposal for
additional sales and use tax for economic development and property tax
reductions and a proposal for amending the Charter of the City of Lubbock
to eliminate the Board of City Development for approval or rejection be
opened and canvassed, and the results of the election be declared
therefrom; and said returns having been duly canvassed, it is found that
the vote upon the various propositions was as follows:
PROPOSITION VOLE
No. 1. "The adoption of a sales and use tax
within the city for the promotion and
development of new and expanded business
enterprises at the rate of three -eighths
of one percent and the adoption
of an additional sales and use tax
within the city at the rate of one -eighth
of one percent to be used to reduce
the property tax rate."
FOR: 10,322
AGAINST: 13,997
No. 2. "SHALL the charter of the City of
Lubbock be amended by repealing and
thus deleting therefrom Chapter 3
pertaining to the Board of City
Development; including provisions for
establishing membership, terms of
office, vacancies and appointments,
and appropriations for such board."
FOR: 20,101
AGAINST: 3,908
TOTAL VOTES CAST: 24,577
January 23, 1992
Page 45
And it further appearing that said election was duly held as
provided by law; NOW THEREFORE:
IT IS HEREBY FOUND, DECLARED AND CERTIFIED BY THE CITY COUNCIL OF THE
CITY OF LUBBOCK:
THAT a majority of the qualified voters of the City of Lubbock
voting in said election are in favor of Proposition Number(s) 2; and
therefore it is declared that Proposition Number(s) 2, are approved by
the qualified voters; and
THAT a majority of the qualified voters of the City of Lubbock
voting in said election are opposed to Proposition Number(s) 1; and
therefore it is declared that Proposition Number(s) 1, are not approved
by the qualified voters.
PASSED, APPROVED AND ADOPTED ON MOTION OF MAGGIE TREJO, SECONDED BY BUD
ADERTON, THIS 23rd DAY OF JANUARY, 1992.
COUNCIL MEMBERS VOTING AYE: MAGGIE TREJO
BUD ADERTON
JOAN BAKER
BILL MALOY
GARY PHILLIPS
T. J. PATTERSON
B. C. MCMINN
COUNCIL MEMBERS VOTING NAY: NONE
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Rane tte Bo
yd
Ranette Boyd, City Secretary
APPROVED AS TO FORM:
Zsl Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
During its January 23 work session, City Council was
asked to review and initial the tabulation of votes
cast in the January 18, 1992 Special City Elections.
This Resolution will officially canvass and declare
the results of the Election.
Motion was made by Councilwoman Trejo, seconded by
Councilman Aderton to authorize Resolution #3797,
canvassing returns as follow:
Proposition #1 For Against
10,322 13,997
Proposition #2 20,107 3,908
Motion carried: 7 Yeas; 0 Nays.
January 23, 1992
Page 46
92-51A-46-34
(21.)
92-51A-46-35
(22.)
BID #11617--Pipe and fittings [Water Treatment
Moore Supply Co.--4 ea. flange x flange tee,
20"x12".
O&R Utilities, Inc., Odessa--4 ea. weld on flange,
24".
Western Industrial Supply--4 ea. flange x flange
concentric reducer 24"X20"; 2 ea. cast iron dresser
coupling 20"; 1 ea. cast iron dresser coupling 16".
Morrison Supply Co.--2
diameter 1" long; 2 ea.
diameter 2' long; 4 ea.
diameter 6' long; 1 ea.
diameter 3' long.
ea. flanged ductile pipe 20"
flanged ductile pipe 20"
flanged ductile pipe 20"
flange ductile pipe 16"
Motion was made by Councilwoman Baker, seconded by
Councilman Aderton to authorize low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
BID_#1.1727--Annual pricing for dry cell batteries
(Central -Warehouse).
Cummins Supply, Amarillo --ALL OR NONE - Batteries:
11,000 ea. "D" cell alkaline; 2,000 ea. "C" cell
alkaline; 750 ea. 6 volt lantern w/spring top; 60
ea. 6 volt lantern w/screwlug; 1,200 ea. 9 volt;
10,000 ea. "AA" alkaline; 650 ea. "AAA" 1.5 volt.
Motion was made by Councilwoman Baker, seconded by
Councilman Aderton t❑ authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
January 23, 1992
Page 47
92-51A-47-36
(23.) BID #11720--Municipal Garden and Arts Center
renovation, and authorize same (Building Services).
RESOLUTION #3798
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 Co.,
Inc. d/b/a Pharr & Company for renovation of the Municipal Garden & Arts
Center., 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 23rd day of January, 1992.
ATTEST:
s Ranet;te Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
IsZ Gene Eads.
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
s Harold Willard
Harold Willard, Assistant City
Attorney
CONTRACT
STATE OF TEXAS
101 ll r'A010IU.110,I91
/s/ B. C. McMinn
B. C. McMINN, MAYOR
THIS AGREEMENT, made and entered into this 23rd day of January,
1992 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 unde►^ 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. 11720--Municipal Garden and Arts Center Renovations (Building
Services) in the amount of $22,164.00
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.
January 23, 1992
Page 48
The CONTRACTOR hereby agrees to commence work within ten days
after the date written notice to do so shall have been given to him and
to substantially complete same within the time specified in the contract
documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment an account thereof as provided
therein.
IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in Lubbock, Lubbock County, Texas in the year and day
first above written.
ATTEST:
s Ranette Boyd
Secretary
APPROVED AS TO CONTENT:
s Carlos Virgil
ATTEST:
s Jackie Miller
Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
Is/ B. C. McMinn
Mayor
APPROVED AS TO FORM:
/s/ Don Vandiver
Pharr Construction Co., Inc.
CONTRACTOR
By: /s/ Jimmy R. Pharr
TITLE: President
COMPLETE ADDRESS: Pharr Construction Company, Inc.
P.O. Box 2791
Lubbock, Texas 79408
Motion was made by Councilwoman Baker, seconded by
Councilman Aderton to authorize Resolution #3798 as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
92-51A-48-37
(24.) BID #11746--Farm equipment (Fleet Management).
Hurst Equipment Company--1 ea. 195 PTO Horsepower
Tractor Spec 986.
Scott Tractor & Equipment --I ea. Pull Type No Till
Drill Spec 947; 1 ea. 8 Row Rotary Hoe Spec 963; 1
ea. 32' Tandem Disc Spec 988.
Western Implement Company--1 ea. Windrow Inverter
Spec 961; 1 ea. 3X4X8 square Baler Spec 978.
Terry County Tractor Co., Brownfield--2 ea. 4 Row
Shredder Spec 964.
Motion was made by Councilwoman Baker, seconded by
Councilman Aderton to authorize low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
January 23, 1992
Page 49
92-51A-49-38
(25.) BID #11578--Pesticides and herbicides (Parks and
Recreation).
Sports Turf Supply, Grand Prairie--40 lb. Logic.
Chemical Turf & Specialty Company, Dallas--200 gl.
Dormant Oil; 100 lb. Amdro; 100 lb. Oftanol 5G; 200
lb. Dy-Syston 15G; 24 lb. Daconil 2787; 90 lb.
Gopher Balt.
Lesco Products, Rocky River, OH--150 gl. Trimec; 8
gl. Trimec Bentgrass Formula; 1 gl. Image 1.5 LC; 25
lb. Orthene 75S; 95 lb. Fore.
Estes Chemicals--2 ea. Tempo 2,500 ml. container; 30
gl. Rodeo; 5 gl. Dimension; 25 gl. Hyvar XL; 40 gl.
Banvel; 40 gl. Diquat H/A; 1 gl. Mavarick Aquaflow;
2 gl. Pentac Aquaflow; 8 gl. Triumph; 70 gl. Spray -
Aide; 110 gl. Promesol; 30 lb. Sencor 75; 1,000 lb.
Dyclomec 4G; 1 lb. Gallery 75; 200 lb. Furadan 10G;
2,000 lb. Turcam 2.5G; 54 lb. Turcam WP; 50 lb.
Sevin 805.
B&G Chemical, Dallas--20 lb. Avitrol 200; 1 cs.
Talon-G.
Kitten Fertilizer, Inc., Slaton--20 ea. Fumitoxin
Pellets, Flask of 1660 pellets; 100 gl. Phytar 560;
150 gl. MSMA & surfactant; 40 gl. Surflan 4 AS; 30
gl. Arsenal; 50 gl. Blazon blue turf colorant; 121
lb. Bayleton 25.
Motion was made by Councilwoman Baker, seconded by
Councilman Aderton to authorize low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
January 23, 1992
Page 50
92-51A-50-39
(26.) BID #11113--Water Treatment Plant improvements -_
Contract 5 - Administration and Laboratory Building,
and authorize same (Water Utilities).
RESOLUTION #3799
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 Reynosa Construction,
Inc. for improvements to the Administration/Laboratory Building at the
Water Treatment Plant, 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 bw the City Council this 23rd day of January, 1992.
ATTEST::
/sZ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Gene Eads.
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
s Hay -old Willard
Harold Willard, Assistant City
Attorney
CONTRACT
STATE OF TEXAS
COUNTY 01: LUBBOCK
Isl B. C. McMinn
B. C. McMINN, MAYOR
THIS AGREEMENT, made and entered into this 23rd day of January,
1992 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 Reynosa Construction
Company of the City of Amarillo, County of Potter, 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. 11713--Water Treatment Plant Improvements - Contract 5-
Administration and Laboratory Building (Water Utilities) in the amount
of $1,0691,418.00
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.
January 23, 1992
Page 51
The CONTRACTOR hereby agrees t❑ commence work within ten days
after the date written notice t❑ do s❑ shall have been given to him and
t❑ substantially complete same within the time specified in the contract
documents.
The OWNER agrees t❑ pay the CONTRACTOR in current funds for the
performance ❑f the contract in accordance with the proposal submitted
therefore, subject t❑ additions and deductions, as provided in the
contract documents and t❑ make payment ❑n 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 /s/ B. C. McMinn
Secretary Mayor
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
ATTEST:
Secretary
Reynosa Construction Company
CONTRACTOR
By:
TITLE:
COMPLETE ADDRESS: Reynosa Construction, Inc.
P.O. Box 3008
Amarillo, Texas 79116
Motion was made by Councilwoman Baker, seconded by
Councilman Aderton t❑ authorize Resolution #3799 as
recommended by Staff. Lotion carried: 7 Yeas; 0
Nays.
92-51A-511-40
(27.) BID #11739--Aviation Ground Control Mobile Radios
(Radio Shop) .
Abilene Aero, Inc.--12 ea. VHF Aviation Mobile AM
Radio Part #582020020.
Motion was made by Councilwoman Baker, seconded by
Councilman Aderton to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
92-51A-51.-41
(28.) BID_#11686--Computerized Engine Analyzer (Central
Garage).
Sun Electric
Motion was made by Councilwoman Baker, seconded by
Councilman Aderton to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
January 23, 1992
Page 52
92-51A-52-42
(29.) BID #11631--Cityvehicles Fleet Management).
Gene Messer Ford--12 ea. Pickup 1/2 ton full size
Spec 307AB; 4 ea. Pickup 1/2 ton 4X4 full size Spec
313AB.
Scoggin Dickey Chevy Buick Geo--1 ea. 4 wheel drive
vehicle Spec 303AB; 1 ea. Pickup 3/4 ton 6 passenger
Spec 310; 1 ea. cab & chassis 3/4 ton longwheel base
Spec 315AB; 2 ea. cab & chassis 3/4 ton 4X4 long
wheel base Spec 317; 4 ea. van 12 passenger Spec
406AB; 1 ea. Suburban 1/2 ton 4X4 Spec 408AB; 3 ea.
small passenger van Spec 414; 1 ea. pickup one ton
dual -wheel Spec 502.
Knapp Chevrolet, Houston--17 ea. Sedan 4 door
intermediate Spec 101AB; 15 ea. Sedan 4 door full
size Spec 102AB.
Shamrock Chevrolet--29 ea. Police Sedan marked
patrol 4 door Spec 201.
John Rolley's Auto Center, Littlefield--2 ea. cab &
chassis one ton 4 X 4 Spec 511.
Motion was made by Councilwoman Baker, seconded by
Councilman Aderton to authorize low bids meeting
specifications. Motion carried: 7 Yeas; G Nays.
92-51A-52-43
(30.) BID #11768--
Douglas Battery --All or None awarded for misc. auto
batteries.
Motion was made by Councilwoman Baker, seconded by
Councilman Aderton to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
92-51A-52-44
(31.) BID #11760--Industrial a ui ment (Fleet -Management).
Raider Equipment--1 ea. Forklift Spec 949.
Yellowhouse Machinery Co.--4 ea. tractor, backhoe
w/front end loader Spec 906; 1 ea. articulating
motor grader Spec 960.
Motion was made by Councilwoman Baker, seconded by
Councilman Aderton to authorize low bids meeting
specifications. Motion carried: 7 Yeas; Q Nays.
January 23, 1992
Page 53
92-51A-53-45
(32.) BID #11756--Re-roof West Airport Terminal, Phase I.
and authorize same (Building Services).
RESOLUTION #3800
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 re -roofing of the Lubbock International Airport West
Terminal, 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 23rd day of January, 1992.
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: LUBBUU
OCK
jsj B. C. McMinn
B. C. MCMINN, MAYOR
THIS AGREEMENT, made and entered into this 23rd day of January,
1992 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 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. 1.1756--Re-Roof West Airport Terminal - Phase I (Building
Services) in the amount of $105,057.00
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.
January 23, 1992
Page 54
The CONTRACTOR hereby agrees to commence work within ten days
after the date written notice to do so shall have been given to him and
to substantially complete same within the time specified in the contract
documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment on account thereof as provided
therein.
IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in Lubbock, Lubbock County, Texas in the year and day
first above written.
ATTEST:
s Ranette Bnvd
Secretary
APPROVED AS TO CONTENT:
5 ,jerk Smith
ATTEST:
CITY OF LUBBOCK, TEXAS (OWNER)
Zs/ B. C. McMinn
Mayor
APPROVED AS TO FORM:
Is/ Don Vandiver
Lydick -Hooks Roofing Company
s Bettw_ C. Ferguson CONTRACTOR
Secretary
By: Zs/ Ralph N. _Hooks, Jr.
TITLE: President
COMPLETE ADDRESS: Lydick -Hooks Roofing Company
P.O. Box 2605
Lubbock, Texas 79408
92-51A-54-46
(12.)
Motion was made by Councilwoman Baker, seconded by
Councilman Aderton to authorize Resolution #3800 as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
ORDINANCE #9500
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2679; A ZONING CHANGE FROM C-2 TO C-3 SPECIFIC USE PERMIT FOR FURNITURE
UPHOLSTERY SHOP AND ALL UNCONDITIONALLY PERMITTED C-3 USES ON LOTS 21,
22, AND THE WEST 10 FEET OF LOT 23, BLOCK 11, O'NEALL TERRACE ADDITION,
LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Ken Duncan presented this request for zone change.
No one appeared in opposition. Mayor McMinn closed
the hearing at 10:32 a.m.
David Jones, Director of Planning, stated that the
Code provides for a furniture upholstery business as
a Specific Use in C-3 or a permitted C-4 use.
January 23, 1992
Page 55
92-51A-55-47
(13.)
Mr. Jones gave the adjacent land use relationships
as follows:
North - single family north of the alley
South - commercial
East - commercial
West - commercial
Since the area is already commercial, there was no
policy discussion regarding the Comprehensive Land
Use Plan at the Planning and Zoning Commission
meeting. Normally, the Specific Use request would
have a Site Plan but since this strip shopping
center is in existence, the Planning and Zoning
Commission simply recommended a condition that the
Specific Use Permit be tied to existing
construction. In addition, the proponent requested
that all permitted C-3 uses be included in the zone
change request and according to Staff, none of the
additional permitted uses should generate problems
at this location and the request will not adversely
affect traffic.
Staff supported approval of the request recommended
by the Planning and Zoning Commission with the
following condition:
The upholstery operation be tied to the existing
construction ❑f the shopping center.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Maloy to pass on first reading
Ordinance #9500 with condition recommended by P&Z
and City Staff. Motion carried: 7 Yeas; 0 Nays.
ORDINANCE #9501
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2680; A ZONING CHANGE FROM C-3 TO C-4 SPECIFIC USE PERMIT FOR DRIVE -
THROUGH RESTAURANT AND ALL UNCONDITIONALLY PERMITTED C-3 USES ON A 200"
x 200' TRACT BEING THE NORTHEAST CORNER OF TRACT B, CAPROCK ADDITION,
LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
John Ropas, Owner of Short Stop Hamburgers,
presented this request for zone change.
No one appeared in opposition. Mayor McMinn closed
the hearing at 10:34 a.m.
David Jones, Director of Planning, stated that Staff
has previously referenced plans to propose upgrades
of a number of existing C-4 uses to C-3 conditional
uses (approved by ZBA) or C-3 Specific Use (P&Z).
The uses include auto brake, glass, seat cover,
upholstery, garage, and transmission businesses,
used car lots, pawn shops and print shops, as well
as drive -through and drive-in restaurants.
January 23, 1992
Page 56
92-51A-56-48
(34.)
92-51A-56-49
(35.)
The Code distinguishes between a restaurant, which
is allowed in the C-2A District with an accessory
drive through window, and a restaurant without
indoor seating and where business is permitted
outside the building or is entirely drive -through in
C-4 Districts.
With Site Plan review and conditions included in
Conditional or Specific Use, and the fact that the
nature of drive-ins 30 years ago is not a current
issue, the Planning and Zoning Commission agreed
that the business should not be a problem. However,
until the Code is amended, the change must be as a
C-4 Specific Use.
Mr. Jones gave the adjacent land use relationships
as follows:
North
- commercial
South
- commercial
East
- commercial
West
- commercial
The proposed site is an approved pad in Caprock
Center at Boston and 50th. The area is already
commercial and the only Comprehensive Land Use Plan
policy issue is the urban design or aesthetic
consequence of the proposed building on the corner.
In making their decision, the Planning and Zoning
Commission referenced to the fact that if this
proposal were a fast food restaurant with 50% of the
floor area dedicated to a service area, the project
would be permitted with no review other than the
requirements of a building permit. Staff advised
that this request should not affect traffic.
According to Staff memo, Mr. Ropas will have a fully
developed Site Plan for the corner pad.
Staff supported the Planning and Zoning Commission
recommendation of the request to the City Council.
Motion was made by Councilwoman Trejo, seconded by
Councilwoman Baker to pass on first reading
Ordinance #9501 as recommended by Staff. Motion
carried: 1 Yeas; 0 Nays.
Motion was made by Councilman Phillips, seconded by
Councilman Aderton to appoint David Ellison to the
Lubbock Emergency Communication District. Motion
carried: 7 Yeas; 0 Nays.
Motion was made by Councilman Phillips, seconded by
Councilwoman Trejo to reappoint Buddy Barron and E.
Jack Brown to the Joint Airport Zoning Board.
Motion carried: 7 Yeas; 0 Nays.
January 23, 1992
Page 57
92-51A-57-50
(3b.)
Motion was made by Councilman Phillips, seconded by
Mayor Pro Tem Patterson to appoint Margaret Richards
and Kay Sanford to the Committee for Women. Motion
carried: 7 Yeas; 0 Hays.
92-51A-57-51
(37.) Consider one appointment to the Lubbock Housi_n_g
Finance Corporation. The term of Maggie Trejo
expired December 31, 1991.
Motion was made by Councilman Phillips, seconded by
Councilwoman Baker to reappoint Maggie Trejo to the
Lubbock Housing Finance Corporation. Motion
carried: b Yeas; 0 Nays; 1 Abstained --Councilwoman
Trejo.
There being no further business to come before Council, motion was made
by Mayor Pro Tem Patterson, seconded by Councilwoman Baker to adjourn
the meeting at 10:59 a.m. Motion carried: 7 Yeas; 0 Nays.
i
B. C. McMinrr, Mayor
ATTEST:
(:4Ranto—B—oyd, City Secr tary
Read and approved this the 13th day of February, 1992.
zq_
B.-C. McMlnn Mayor
ATTEST:
Rane Boyd, City Secret ry