HomeMy WebLinkAboutMinutes - City Council - Regular - 4/9/1992CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
APRIL 9, 1992
10:00 A.M.
The City Council of the City of Lubbock, Texas met in regular session on
the 9th day of April, 1992 in the City Council Chambers, first floor,
City Hall, 1525 13th Street, Lubbock, Texas at 10:00 A.M.
Present: Mayor B. C. McMinn, Mayor Pro Tem T. J. Patterson, Councilman
Bill Maloy, Councilwoman Joan Baker, Councilman M. J. Aderton, City
Manager Larry J. Cunningham, City Attorney John C. Ross, Jr., and City
Secretary Ranette Boyd.
Absent: Councilwoman Maggie Trejo.
Mayor McMinn called the meeting to order at 10:00 A.M.
1.} The Invocation was given by Larry J. Cunningham,
City Manager.
( 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 Councilwoman Baker to approve the Minutes of the
March 25, 1992 Regular City Council meeting as
written. Motion carried: 5 Yeas; 0 Nays.
92-51A-249-162
( 4.) Presentation of Certificates of Recognition to the
Peer Action Committee.
92-51A-249-183
( 5.)
This item was deleted.
Special Olympics.
Lance Murphy appeared to request a loudspeaker
permit on behalf of Tau Kappa Epsilon's fund raising
event for Special Olympics to be held April 11, 1992
from 2:00 p.m. until 7:00 p.m.
The site of the event is 2517 19th Street, just west
of the now -vacant University City Club. 31
residents in the 800' radius of the site were
petitioned and all contacted were in approval of the
request. Six residents were not reached, and Staff
instructed that the proponents continue attempts to
reach these residents for approval or disapproval.
Even though Twentieth Street is noted primarily as
rental property for college students, one resident
consistently reports code violations regarding these
properties and when contacted by the fraternity, he
refused to sign either for or against the petition.
Staff received a letter from the fraternity house
landlord giving his consent for the fund raising
event and use of loudspeakers.
April 9, 1992
Page 250
In view of the unanimous approval of area residents
and the local neighborhood association, Staff
recommended approval.
Motion was made by Councilman Malay, seconded by
Mayor Pro Tem Patterson to authorize issuance of a
Loudspeaker Permit to Tau Kappa Epsilon for April
11, 1992. Motion carried: 5 Yeas; 0 Nays.
92-51A-250-18�4
A representative of the Lubbock International
Cultural Center Board will anpear to provide a
status report on Center and to reguest Contract
extension, and take appropriate action_
RESOLUTION #3848
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
Second Amendment to Lease Agreement by and between the Lubbock
International Cultural Center, Inc. and the City of Lubbock, Texas,
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 9th day of April, 1992.
Isj B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Larry J. Cunningham
Larry J. Cunningham, City Manager
APPROVED AS TO FORM:
5 John C. Ross, Jr.
John C. Ross, Jr., City Attorney
April 9, 1992
Page 251
SECOND AMENDMENT TO LEASE AGREEMENT
STATE OF TEXAS
COUNTY OF LUBBOCK §
WHEREAS, a Lease Agreement was made and entered into upon the 11th
day of May 1989, by and between the Lubbock International Cultural
Center, Inc., hereinafter called "Lessor" and the City of Lubbock,
hereinafter called "Lessee"; and
WHEREAS, Lessor and Lessee did amend the above Lease Agreement ❑n
the 26th day of September, 1991, allowing Lessor, subject to conditions
set forth in said Amendment, to locate the facility to be constructed by
Lessor on the campus of Texas Tech University; and
WHEREAS, negotiations are currently underway between Lessor and
Texas Tech University for the location of said facility upon the Texas
Tech University campus; and
WHEREAS, the Lessor has requested that the time to commence
construction of the facilities described in Exhibit "A" to the original
lease be extended one year; and
WHEREAS, the City Council finds that such request is reasonable;
NOW THEREFORE:
WITNESSETH:
1. That paragraph XIII of the original Lease Agreement between
the parties is hereby amended to read as follows:
XIII.
Both parties to this lease understand that Lessee
intends to make public use of the facilities to be built
upon the Demised Premises, all as heretofore set forth in
this lease, and that Lessee is agreeing to make payment as
required by paragraph Iv of this lease from its Hotel -Motel
Tax Reserve Capital Projects account. Both parties further
agree that the use and occupancy of the facilities to be
built on the Demised Premises as set forth in this lease by
Lessee will directly enhance and promote tourism and the
convention and hotel industry within the City ❑f Lubbock.
Both parties further agree that if the facilities to be
constructed upon the Demised Premises are not built or not
completed, then in such event the public use to be made of
the facilities t❑ be constructed fails and this lease would
not be effective to discharge the public use contemplated by
the parties hereto. Under such circumstances the parties
hereto specifically agree as follows:
(1) In the event the facilities described in Exhibit
"A" attached hereto are not under construction
within four (4) years from the date of this
lease agreement, then in such event this lease
shall become void and of no further force or
effect between the parties hereto and Lessee
shall have no obligation to pay the
consideration described in paragraph 4 of this
lease.
April 9, 1992
Page 252
(2) In the event that construction is started upon
the facilities to be built upon the Demised
Premises but such construction is not completed
within a period of six (6) years from the date
of this lease agreement, then in such event
Lessee shall be relieved of making any further
payments to Lessor as contemplated by paragraph
4 of this lease and Lessor shall return to
Lessee all monies paid to Lessor by Lessee under
paragraph 4 of this lease.
2. Except as amended hereby and the first Amendment executed on
the 26th day of September, 1991, the Lease executed on May 11, 1989, is
and shall be in full force and effect between the parties hereto.
LUBBOCK INTERNATIONAL CULTURAL
CENTER, INC.
BY:
President
ATTEST:
Secretary
CITY OF LUBBOCK, TEXAS
jsj B. C. McMinn
B.C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd,
City Secretary
APPROVED AS TO CONTENT:
Is1 Larry J. Cunningham
Larry J. Cunningham,
City Manager
APPROVED AS TO FORM:
IsZ John C. Ross Jr.
John C. Ross, Jr.,
City Attorney
Nancy Patton, President of the Lubbock International
Cultural Center, requested a Contract extension for
construction of the Center. According to the terms
of their Contract with the City, construction is to
commence by May 10, 1992 and be completed within two
years.
According to Ms. Patton, the group is experiencing
delay in discussions with Texas Tech University
regarding the site of the facility on the campus.
If approved, the delay would allow construction to
begin by May 11, 1993 with completion in 1995.
Staff recommended approval.
Motion was made by Councilwoman Baker, seconded by
Mayor Pro Tem Patterson to approve request of the
Lubbock International Cultural Center Board for a
one-year contract extension. Motion carried: 5
Yeas; 0 bays.
April 9, 1992
Page 253
92-51A-253-185
( 7.)
ORDINANCE #9511
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2682; A 7_ONING CHANGE FROM C-3 TO C-4 ZONING ON A 1.01 ACRE TRACT OUT OF
THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 3, BLOCK A, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
92-51A-253-186
( 8.)
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Maloy, to pass Ordinance #9511 on
second and final reading, as recommended by Staff.
Motion carried: 5 Yeas; 0 Nays.
Plan to allow a board and care facility for the
elderly on a tract out of Section 2. Block J-S.
ORDINANCE #9512
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
1893-N:; A ZONING CHANGE FROM A-2 SPECIFIC USE TO A-2 SPECIFIC USE PERMIT
TO AMEND THE SITE PLAN ON A TRACT OUT OF SECTION 2, BLOCK J-S, LUBBOCK,
TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
92-51A-253-187
( 9.)
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Maloy, t❑ pass Ordinance #9512 on
second and final reading, as recommended by Staff.
Motion carried: 5 Yeas; 0 Nays.
ORDINANCE #9513
.AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2684; A ZONING CHANGE FROM C-2A TO C-3 ZONING ON LOT 1, VICTORY BAPTIST
CHURCH ADDITION AND LOT 4, TALLEYBURN ADDITION, LUBBOCK, TEXAS; SUBJECT
TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Maloy, to pass Ordinance #9513 on
second and final reading, as recommended by Staff.
Motion carried: 5 Yeas; 0 Nays.
April 9, 1992
Page 254
92-51A-254-188
(13.)
RESOLUTION #3849
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
Interlocal Cooperation Agreement with Lubbock County pertaining to the
construction of strip paving improvements on certain streets with the
City of Lubbock, 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 9th day of April, 1992.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd„ City Secretary
APPROVED AS TO CONTENT:
s Jim Bertram
Jim Bertram, Assistant City Manager
APPROVED, AS TO FORM:
s Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
INTERLOCAL COOPERATION AGREEMENT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT is entered into on the 9th day of April, 1992, by
and between Lubbock County, Texas (hereinafter referred to as "County")
and the City of Lubbock, Texas (hereinafter referred to as "City"), both
parties being political subdivisions and local governments of the State
of Texas, pursuant to the authority granted and in compliance with the
provisions of Chapter 791 of the Government Code and Chapter 352 of the
Local Government Code of the State of Texas and in furtherance of the
responsibilities of said parties as provided under the law.
1. DEFINITIONS
(1) "local government" means a county; a home rule city,
village, or town organized under the general laws of this
state; a special district; a school district; a junior
college district; any other legally constituted political
subdivision of the State of Texas or any adjoining state; or
a combination of political subdivisions.
April 9, 1992
Page 255
(2) "governmental functions and services" means all or part of
any function or service included within the following
general areas: police protection and detention services;
fire protection; streets, roads and drainage; public health
and welfare; parks; recreation; library services; museum
services; waste disposal; planning; engineering
administrative functions; and such other functions which are
of mutual concern to the contracting parties.
(3) "administrative functions" means functions normally asso-
ciated with the routine operation of government such as tax
assessment and collection, personnel services, purchasing,
data processing, warehousing, equipment repair, and
printing.
(4) "party" means a county, municipality, state agency, or other
political subdivision of this State who either requests
mutual aid pursuant to this Agreement or responds to such
request for aid and is signatory to this Agreement.
(s) "municipality" means any city or town, including a home rule
city operating under the general law or a special charter.
(6) "chief administrative officer" means the mayor or city
manager of a municipality or the county judge.
II. PURPOSES
The purpose of this Agreement is to cooperate in order to provide
street paving and to maintain public ways used for vehicular traffic
within the hounds of Lubbock County and the City of Lubbock.
The services performed and expenditures made pursuant to this
Agreement shall he deemed for public and governmental purposes.
The specific purposes of the Agreement include cooperation in the
construction of street strip paving improvements on the following:
Ivory Avenue - Alley North of E. 80th Street to E. 82nd Street
E. Owen Street - N. Ivory Avenue to N. King Avenue.
N. Ivory Avenue - E. Quinn Street to E. Regis Street
III. AUTHORIZATION
(1) This Agreement shall he duly authorized by the governing
body of each chief administrative officer who signed herein.
If a governing body fails to authorize such Agreement, then
this Agreement shall he considered null and void.
(2') The authority of the parties pursuant to this Agreement
includes compliance with the rules, regulations, and
requirements of the City and the County.
(3) The County hereby agrees to perform the strip paving
construction with no cost to the City, except for those
tasks assigned to the City in IV below. See Letter attached
hereto as Exhibit A.
(4) Improvements contemplated by this document will he paid for
with current revenues available to the paying party.
April 9, 1992
Page 256
IV. DUTIES
The County will perform the following duties:
(a) The materials and effort necessary to complete the
construction of strip paving improvements on the streets
listed in II. above.
(b) The construction of the strip paving will be in conformance
with the requirements listed in Section 24-153 of the City
of Lubbock Code of Ordinances, including:
(1) Shaped drainage ditches;
(2) Minimum 24 foot wide roadway with 6 inches of
compacted caliche base; and
(3) Minimum 20 foot wide paved surface with either a three
course penetration type surface or one and one-fourth
(1 1/4) inches of Type "C" hot mix asphaltic concrete
surface.
The City will perform the following duties:
(a) any surveying, staking or associated tasks requested by the
County.
V. WAIVER AND INDEMNIFICATION
Each party shall indemnify and hold harmless the other party to
this Agreement from all claims by third parties for property damage or
personal injury which may arise out of activities undertaken while
participating under this Agreement. In lawsuits where either party may
be liable in part or total for the payment of damages, then any other
party to this Agreement may intervene in such cause of action to protect
its interest.,
VI. AMIENDMENTS
This Agreement contains all commitments and agreements of the
parties and no other oral or written commitments shall have any force or
effect if no't contained herein. Any proposed amendments shall not be
effective until approved in writing by all parties to this Agreement.
VII. TERM ANDEFFECTIVE DATE
This Agreement shall become effective upon signing by both parties
and by the authorized and designed agents of the governing body of each
party. It shall remain in effect until terminated by either party upon
written notice setting forth the date of termination. The parties agree
that each shall have the right to terminate this Agreement upon ninety
(90) days written notice to the other party of this Agreement.
VIII. VENUE
Each party agrees that if legal action is brought under this
Agreement, exclusive venue shall lie in Lubbock County, Texas.
IX. SAVINGS CLAUSE
In the event that one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal or
unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision of this Agreement
and this Agreement shall be construed as if such invalid, illegal or
unenforceable provision had never been contained in this Agreement.
April 9, 1992
Page 257
X. MUTUALITY
IN WITNESS WHEREOF, the parties to this Agreement have executed
this Agreement as of the effective date written below, each respective
party acting by and through its governing body or its designee in the
manner required by each party's charter or otherwise required by law on
the date hereinbelow specified.
SIGNED this 9th day of April, 1992.
CITY OF LUBBOCK LUBBOCK COUNTY
s B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
Zsl Rmtte Boyd
Ranette Boyd,, City Secretary
APPROVED AS TO FORM:
ZsZ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
APPROVED AS TO CONTENT:
ZsZ Jim Bertram
Jim Bertram, Assistant City
Manager/Development Services
Is1 Don McBeath
DON McBEATH, COUNTY JUDGE
ATTEST:
/s/ Ann Davidson
Ann Davidson, County Clerk
APPROVED AS TO FORM:
s Travis S. Ware
Travis S. Ware, Criminal
District Attorney
According to Staff memo, Eliseo Solis, Precinct 3
County Commissioner, has requested permission to
strip pave at no cost to the City, the following
unpaved City streets utilizing County crews, :
Ivory Avenue: Alley north of East 80th
Street to East 82nd Street
E. Owen Street: North Ivory Avenue to
North King Avenue
N. Ivory Avenue: East Quinn Street to
East Regis Street
The residents in the neighborhood of Ivory Avenue
and 82nd Street, Robbie Marion Heights, have
requested strip paving to improve access into this
area as currently the only access is from the Loop
289 one-way frontage road.
Although the City usually does not support strip
paving (classified as substandard, temporary paving)
of residential streets, Staff recommended approval
of this request because the County has agreed to
pave the streets in accordance with City Code
specifications for strip paving at no initial
capital cost to the City. According to Staff memo,
it is also unlikely that these streets will be
included in an Assessment Paving Program or in a
Community Development program in the near future.
Staff recommended Council support of this agreement,
subject to approval by the County Commissioners
Court.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Maloy to authorize Resolution 43849 as
recommended by Staff. Motion carried: 5 Yeas; 0
Nays.
April 9, 1992
Page 258
92-51A-258-189
(14.) Consider Resolution #3850 authorizing the Mayor to
sign two sets of plans prepared by the Texas
Department of Transportation for an asphalt overlay
on portions of Loop „289.
RESOLUTION#3850
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock the
Title (Cover) Sheet of the plans of proposed highway improvements as
prepared by the Texas State Department of Transportation for the
following projects: (1) State Highway Projects CPM 783-1-67 and CPM
783-2-62; and (2) State Highway Projects CPM 783-1-65 and CPM 783-2-60.
Passed by the City Council this 9th day of April, 1992.
ZsZ B. C. McMinn
B. C. MCMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Larry D. Hertel
Larry D. Hertel, City Engineer
APPROVED A5 TO FORM:
Lsl J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
These projects will provide an asphalt overlay for
all the main lanes of Loop 289 not currently under
construction at an estimated cost of $3,390,000.
According to the State, the work may occur in the
Summer of 1993.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Maloy to authorize Resolution #3850 as
recommended by Staff. Motion carried: 5 Yeas; 0
Nays.
April 9, 1992
Page 259
92-51A-259-190
(I5.) Consider Resolution #385I accepting the dedication
of a Private Access Easement as a gublic street in
Park Lorraine Addition.
RESOLUTION #3851
WHEREAS, the Park Lorraine Home Owners' Association (herein called
"Association") desires to deed, transfer, convey and assign as a public
street unt❑ the City of Lubbock, Tract C-51 of Park Lorraine Addition to
the City of Lubbock, Lubbock County, Texas, together with a twenty foot
portion of Tract C-52 of said Addition, running from North to South
twenty feet as an extension of the east and west boundary lines of said
Tract C-51; and
WHEREAS, the City Council of the City of Lubbock is willing to
accept such conveyance for public street upon the conditions as
hereinafter stated; NOW THEREFORE:
BE IT RE:SOLYE^u BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION I. THAT the City of Lubbock shall accept the dedication
and conveyance of the property described in the preamble hereof upon
compliance by the Association with the following conditions:
(a) Delivery of a street dedication deed in favor of the City of
Lubbock to the City of Lubbock in such form as is
satisfactory to the City Attorney;
(b) A non-refundable deposit shall be made by the Association
with the City of Lubbock in the amount of $5,895.00 to cover
the following portion of estimated expenses related to the
acceptance of such public street dedication, to -wit:
Two Course Surface Treatment $2,070.00
Curb and Gutter and Drive Reconstruction 2,025.00
(at North end)
Permanent Barricade for Dead End Street 1,000.00
Street Light 600.00
Signs (Street Name Marker and Stop Sign) 200.00
$5,895.00
April 9, 1992
Page 260
Section 2. THAT after the public street dedication document is
received in proper form, and said $5,895.00 deposit is made as above
provided, the recording of the public street dedication document is
hereby authorized in the Official Real Property Records of the County
Clerk of Lubbock County, Texas, and upon such recordation the acceptance
of the said public street shall be complete.
Passed by the City Council this 9th day of April, 1992.
IsI B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
IsI Ranette Boyd
Ranette Boyd„ City Secretary
APPROVED AS TO CONTENT:
s Larry D. Hertel
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
IsZ J. ''orth Ful 1 i ngim
J. Worth Fullingim, Assistant City
Attorney
The Park Lorraine Homeowners Association had
previously requested City acceptance of dedication
of this Private Access Easement as a public street,
and during the August 22, 1991 Council Work Session,
Staff presented Council with three alternatives for
their consideration:
1. Refuse to accept the private drive
as a public street.
2. Accept the private drive as a public
street with no cost to the
Homeowners Association.
Immediate City Cost $1,800
Future City Cost $2,070
(Not including estimated cost to
reconstruct C&G and drives at north
end)
3. Accept the private drive as a public
street with the Homeowners
Association providing for the costs
of identified immediate needs as
well as two -course surface treatment
needs expected in the near future.
Homeowners Cost $5,895
City Cost 0
The homeowners requested that the Council approve
Alternative No. 2, relating that they had no money
to participate in Alternative No. 3 and could not
foresee a change in this status. The Council denied
the request to dedicate their private drive as a
public street.
April 9, 1992
Page 261
The homeowners are now willing to bear the cost of
acceptance under Alternative 3 and the estimated
$5,895 will provide for the immediate and future
needs of this as:
Two -Course Surface Treatment $2,070
Curb and Gutter and Drive Reconstruction 2,025
(at north end)
Permanent Barricade for Dead End Street 1,000
Street Light 600
Signs (Street Name Marker and Stop Sign) 200
$5,895
According to Staff memo, there are still concerns
regarding construction quality of the original
street and its "dead-end" nature which requires
motorists to access private property when turning
around.
Staff recommended that the dedication be subject to
depositing $5,895 with the City and providing a
recordable dedication instrument.
Motion was made by Councilman Maloy, seconded by
Councilwoman Baker to authorize Resolution #3851,
subject to delivery of a cash amount of $5,895 to
the City before providing a recordable dedication
instrument. Motion carried: 5 Yeas; 0 Nays.
92-51A-261-191
(16.) Consider request of Texland Petroleum, Inc. for band
reduction on City of Lubbock Unit 24-5.
This request for bond reduction is provided for in
Section 24-128(a) of the City of Lubbock Code of
Ordinances. When a well is completed, the permittee
is entitled to request a bond reduction or letter of
credit from $25,000 to $10,000. A letter (dated
March 10, 1992 and forwarded by the Postmaster as "a
letter with n❑ envelope") requesting reduction of
the above mentioned bonds was received by the
Planning Office on March 23, 1992. Drilling
operations have been completed and Staff recommended
approval of this reduction.
Motion was made by Councilman Aderton, seconded by
Mayor Pro Tem Patterson to approve request of
Texland Petroleum, Inc. for bond reduction on City
of Lubbock Unit 24-5 as recommended by Staff.
Motion carried: 5 Yeas; 0 Nays.
April 9, 1992
Page 262
92-51A-262-192
(17.)
ORDINANCE #9515
AN ORDINANCE ABANDONING AND CLOSING A TRANSFORMER PAD EASEMENT IN
RUSHLAND PARK ADDITION TO THE CITY OF 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 SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
92-51A-262-193
(18.)
This Ordinance abandons and closes a 4' by 6'
Transformer Pad Easement (T.P.E.) located near the
northwest corner of Lot 6-A, Block 29, Rushland Park
Addition. This Easement is being closed for
building purposes and a new one has been dedicated
just to the east. Proponent of this closure is the
property owner, John Owens. Staff recommended
approval.
Motion was made by Councilman Maloy, seconded by
Mayor Pro Tem Patterson to pass on first reading
Ordinance #9515 as recommended by Staff. Motion
carried: 5 Yeas; O Nays.
RESOLUTION #3852
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
Street Use License Agreement by and between the City of Lubbock and
Fleming Companies, 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 9th day of April, 1992.
Is1 B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ra,nette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
s J._worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
April 9, 1992
Page 263
STREET USE LICENSE
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS indenture made this 18th day of April, 1992, being the date
of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule
Municipal Corporation, and FLEMING COMPANIES, INC., a Corporation,
Lubbock County, Texas, hereinafter called "LICENSEE."
WITNESSETH:
Subject to the terms, conditions and provisions herein, the CITY
OF LU8BOCK, TEXAS, does hereby grant to the LICENSEE, its successors and
assigns, the right, privilege and license to use portions of dedicated
streets for ingress and egress to adjoining and adjacent land owned by
LICENSEE:, to -wit:
TRACT 1
A 75' x 75' tract of land located in East 56th Street, just West
❑f Elm Avenue, and more particularly described as follows:
BEGINNING at the Southwest corner of Lot 5, Burlington Industrial
Addition No. 3 to the City of Lubbock, Lubbock County, Texas;
THENCE South 75.00 feet to a point;
THENCE East 75.00 feet to a point;
THENCE North 75.00 feet to a point;
THENCE West 75.00 feet to the POINT OF BEGINNING.
TRACT 2
A 75' x 75' tract of land located in East 58th Street, just West
of Elm Avenue, and more particularly described as follows:
BEGINNING at a point 570.00 feet West of the Northeasterly corner'
of Tract A, Second Installment Crawford Industrial Addition to the
City of Lubbock, Lubbock County, Texas;
THENCE North 75.00 feet to a point;
THENCE East 75.00 feet to a point;
THENCE South 75.00 feet to a paint;
THENCE West 75.00 feet to the POINT OF BEGINNING.
The term of this grant shall be for five (5) years from date
hereof, and shall be automatically extended for successive five (5) year
terms not to exceed twenty (20) years in any event unless either party
shall given written notice of termination to the other party before the
expiration of the first, second or third five (5) year term, as the case
may be, and the CITY OF LUBBOCK retains the right at its election to
cancel and revoke this license with or without cause upon notice to
LICENSEE. Said notice shall be deemed properly served if deposited in
the post office, postage paid, addressed to LICENSEE at THE FLEMING
COMPANIES, INC., P. 0. Box 1530, Lubbock, Texas 79408, or the last known
address of LICENSEE.
April 9, 1992
Page 264
Upon the expiration or cancellation and revocation of this license
by the CITY OF LUBBOCK, or the abandonment of the license by the
LICENSEE, the improvements that are permitted under this license shall
be removed by the LICENSEE and the property shall be restored to its
original condition at no cost or expense to the CITY OF LUBBOCK. In the
event LICENSEE fails or refuses to remove such improvements after demand
by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall take possession and
remove or cause to be removed such improvements, and the expense
incurred shall be assessed against LICENSEE, for which LICENSEE shall be
liable.
1. LICENSEE shall pay to the CITY OF LUBBOCK as compensation
for such grant the sum of THREE HUNDRED TEN AND NO/100 ($310.00) DOLLARS
cash in advance contemporaneously with the acceptance and execution
hereof by LICENSEE for the first five (5) year term of this license, and
thereafter such rate of compensation may be changed for each succeeding
five (5) year term by the CITY OF LUBBOCK to a rate of compensation
which is based on procedures and policies as established by the City
Council of the CITY OF LUBBOCK based on an appraisal of the fair market
value of such land by the Right -of -Way Department of the CITY OF LUBBOCK
as applied to the formula for determining such rate established by the
City Council„ If such rate is not changed by the CITY OF LUBBOCK, the
rate for the preceding five (5) year term shall apply. The CITY OF
LUBBOCK shall notify the LICENSEE of any change in rates in writing at
least ninety (90) days before the start of the five (5) year term to
which such change in rate shall apply, and if such notification be not
timely made, then the rate for the preceding five (5) year term shall
apply.
2. The LICENSEE agrees to pay all costs arising out of the
exercise ❑f this license herein granted, including but not limited to
the replacement and repairing of paving, sidewalks and utilities of any
nature occasioned by the construction as authorized by the license.
3. In the event the CITY OF LUBBOCK determines that the
construction or use permitted herein interferes with or causes the
rerouting or realignment of any public utility, franchised utility or
sanitary, or storm sewer line constructed or to be constructed by the
CITY OF LUBBOCK or franchised utility, LICENSEE agrees to reimburse the
CITY OF LUBBOCK or such utility, as the case may be, for its expense in
relocating or rerouting over and above the expense which would have been
incurred except for LICENSEE'S use herein.
4. This license is not transferable by the LICENSEE without
first receiving the written consent of the City Manager of the CITY OF
LUBBOCK.
April 9, 1992
Page 265
5. This license is made subject to the condition that should
the LICENSEE exercise any right under the license herein granted and
prepare or begin or complete any part of the construction as herein
contemplated across any or all of the above described property, then and
in that event said LICENSEE, its successors and assigns, will at all
times defend, indemnify and otherwise hold the CITY OF LUBBOCK, its
agents, servants and employees harmless from any and all claims,
demands, actions, causes of action, suits at law or in equity of
whatsoever kind or nature which may grow out of or be related to the
making of this license or the use permitted herein. The CITY OF
LUBBOCK, at its option, may require an agreement with any contractors
hired by LICENSEE to perform the construction, repair or maintenance
permitted herein, which agreement will indemnify the CITY OF LUBBOCK
from and against all claims, liability, cost and expense growing out of
the performance of the work to be done by such contractors. The CITY OF
LUBBOCK may further require any of said contractors, when engaged in the
construction, repair or maintenance permitted herein, to furnish,
without expense to the CITY OF LUBBOCK, a reliable surety bond, in an
amount and in a form satisfactory to the said CITY OF LUBBOCK,
guaranteeing the faithful performance of all the terms, covenants and
conditions contained in said agreement, and a certified copy of a policy
of public liability insurance assumed by said contractors in said
agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give
notice to LICENSEE prior to incurring any costs or expenses or the
payment of any such claims or demands in order to give LICENSEE a
reasonable opportunity to settle or adjust the same.
6. LICENSEE agrees and is required to furnish a policy of
public liability and property damage insurance, within limits specified
by, and in a form satisfactory to the City Attorney for the CITY OF
LUBBOCK, and which names the CITY OF LUBBOCK as the insured, said policy
covering the uses herein granted.
7. All of the covenants and provisions of this license shall be
binding upon and inure to the benefit of the successors, legal
representatives, assigns and the duly authorized agents and contractors
of the parties hereto to the same extent and effect as the same are
binding upon and inure to the benefit of the parties hereto, but no
assignment hereof by the LICENSEE, its successors and assigns, shall be
binding upon the CITY OF LUBBOCK without the consent of the CITY OF
LUBBOCK in each instance, except as specified in numbered paragraph four
(4).
April 9, 1992
Page 266
8. LICENSEE, by the acceptance of the uses permitted herein,
understands and agrees that no interest, title or rights of possession
are intended or implied except those expressly set forth herein, and
LICENSEE waives any and all claims in and to the public way it is
permitted to use hereby and agrees to give peaceful possession of said
property covered herein upon termination or cancellation of this
license.
CITY OF LUBBOCK
BY:IsZ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/sL_Ranette Boyd
Ranette Boyd., City Secretary
AGREED TO AND ACCEPTED this 9th day of April, 1992.
FLEMING COMPANIES, INC.
BY:/s/ J. R. Landry
J. R. LANDRY, PRESIDENT
APPROVED AS TO CONTENT:
Ed l Buc,y
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
s J. wlorth Fullin im
J. Worth Fullingim, Assistant
City Attorney
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and for
said County, Texas, on this day personally appeared B. C. McMINN, MAYOR,
known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same as the act
and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 9th day of April,
1992.
/s/ Olivia R. Solis
Notary Public
Lubbock County, Texas
April 9, 1992
Page 267
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority,
said County, Texas, on this day personally
President of said FLEMING COMPANIES, INC.,
be the person whose name is subscribed to t
acknowledged to me that he executed the sag
consideration therein expressed and as the
Corporation.
a Notary Public in and for
appeared J. R. LANDRY,
a Corporation, known to me to
he foregoing instrument and
e for the purposes and
act and deed of said
1992. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 24th day of April,
92-51A-267-194
(19.)
L/ Frank Hall
Notary Public
Lubbock County, Texas
This Street Use License includes portions of East
56th and East 58th, just west of Elm Avenue, and is
for two private access roads to connect adjoining
properties owned by Fleming Companies, including the
property from the Fleming warehouse on East 50th and
Elm Avenue southward to East 56th. Fleming
currently has a 15-year lease with Furr's for the
warehouse south of East 58th Street and are
purchasing the tract of land between East 56th and
East 58th.
East 56th and East 58th were platted as dedicated
streets but have never been constructed and remain
part of a field. Fleming plans to construct a
private access road from the warehouse southward to
the leased Furr's warehouse which will cross East
56th and East 58th. Staff recommended approval,
advising that it will probably be a long time before
this area is ever developed.
The $150 application fee has been paid and cost of
the license for the two 75' by 75' (11,250 square
feet) street portions is $62 per year. This was
calculated from the Appraisal District valuation of
5.5¢ per square foot. Length of the license will be
for 20 years, 5 years at a time.
Staff recommended this license issuance.
Motion was made by Mayor
by Councilman Aderton to
as recommended by Staff.
Nays.
Pro Tem Patterson, seconded
authorize Resolution #3852
Motion carried: 5 Yeas; 0
This is a routine sale of property by the Urban
Renewal Agency to Spectrum Construction, Inc., Gary
Patton, President, for $300. This property is to be
redeveloped as a single-family residence and is
properly zoned. This proposed sale is submitted
according to the Marketing Plan for the Guadalupe
Area adopted by the Urban Renewal Board of
Commissioners on October 17, 1989. Staff
recommended approval.
April 9, 1992
Page 268
92-51A-268-195
(20.)
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Maloy to accept price and conditions
of sale of Parcel Number 33500-16-60 at 1009 1st
Place in the Guadalupe Urban Renewal Area as
recommended by Staff. Motion carried: 5 Yeas; 0
Nays.
RESOLUTION #3853
WHEREAS, the City of Lubbock recognizes that it is in the interest
of safety to the motoring public to provide for traffic improvements;
and
WHEREAS, funds have been established and are available through the
Texas Department of Transportation for grants to local governments for
traffic safety improvements; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute the Title (Cover) Sheet and all necessary
agreements to implement and carry out the purposes specified in this
Resolution, For plans prepared by the Texas Department of Transportation
for traffic safety improvements at Broadway & University Avenue, 34th
Street. & University Avenue, 50th Street & Utica Avenue, and Toth Street
& University Avenue. Financing for this project is under a Federal Aid
Project HES OOOS(651), Safety Funding.
Passed by the City Council this 9th day of April, 1992.
Zsf B. C. McMinn
B. C. MCMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s David E. Wooslev
David E. Woosley, City Traffic
Engineer
APPROVED AS TO FORM:
/s/_J. Worth Fullingjm
J. Worth Fullingim, Assistant
City Attorney
April 9, 1992
Page 269
STATE OF TEXAS
COUNTY OF TRAVIS
THIS AGREEMENT, made this 9th day of April, 1992, by and between
the City of Lubbock, Texas, hereinafter called the "City", Party of the
First part, acting by and through its City Council and the State of
Texas, hereinafter called the "State", Party of the Second Part, acting
by and through its Texas Department of Transportation Commission.
WHEREAS, the City desires the installation of a traffic signal at
one location and improving traffic signals at the other locations and
incidental items within the limits in Lubbock at the intersections of
University with Broadway, University with 34th, University with 74th and
50th with Utica. The City has requested the State to construct or have
constructed this work. The State will construct or have constructed this
work and the City will pay ten per cent (10%) of the construction cost
❑f this work or that portion not reimbursable by the Federal Government.
The estimated construction cost ❑f this work, including preliminary
engineering, is One Hundred Thirteen Thousand Four Hundred Thirty Four
and 76/100 Dollars ($113,434.76), and the City's estimated ten per cent
(10%) share is Eleven Thousand Three Hundred Forty Three and 48/100
Dollars ($11,343.48).
NOW THEREFORE, it is understood that this proposed work will be
constructed by the State and the City will transmit to the State with
the return of this agreement, executed by the City, a warrant or check
made payable to the Texas Department of Transportation in the amount of
Eleven Thousand Three Hundred Forty Three and 48/100 Dollars
($11,343.48), to be used in paying for the proposed work required by the
City in the City of Lubbock. It is further understood that the State
will constructed only those items for the City as requested and required
by the City and ten per cent (10% of the construction cost ❑f such items
or that portion not reimbursable by the Federal Government will be borne
by the city. If upon completion of construction, at receipt of bids, or
at anytime, it si found that the amount previously collected is
insufficient t❑ pay the City's portion, then the City upon request of
the State will forthwith supplement this amount by an amount equal to
the City's actual share of the cost of this work less the amount
previously paid to the Texas Department of Transportation. In the event,
the amount as piad is more than the actual cost, then the excess amount
will be returned t❑ the City. It is further understood that the work to
be done on behalf ❑f the City, as herein provided, will include the cost
❑f contingencies, preliminary and construction engineering.
April 9, 1992
Page 270
IN TESTIMONY WHEREOF, the parties hereto have cuased these
presents to be executed in duplicate on the day above stated.
CITY OF LUBBOCK
Party of the First Part
By:/s/ B._C. McMinn
ATTEST:
Zsl Ranette Boyd
Ranette Boyd„ City Secretary
APPROVED AS TO FORM:
ZsZ J. Worth Fullin im
J. Worth Fullingim
Assistant City Attorney
APPROVED AS TO CONTENT:
s David E. Wooslev
David E. Woolley, P.E.
City Traffic Engineer
TEXAS DEPARTMENT OF
TRANSPORTATION
Party of the Second Part
Certified as being executed
for the purpose and effect of
activating and/or carrying out
the orders, established
policies, or work programs
heretofore approved and
authorized by the Texas
Department of Transportation
Commission under the authority
of Minute Order 100002.
By:/s/ Name_not Legikle
Director, Contract
Administration
The Texas Department of Transportation (TXDOT) has
annual funding available from the Federal Highway
Administration for traffic safety related
improvements on off -system (non -numbered highway)
streets. At the request of the City, TXDOT has
prepared plans for improvements at the following
intersections: Broadway and University, 34th and
University, 50th and Utica, and 74th and University.
The improvements were based on a High Accident
Location Study completed a few years ago and
consists of constructing new mastarms and signal
heads at each of the first three intersections and
installing a new traffic signal on University Avenue
at the east leg of 74th Street (between Midnight
Rodeo and Sundance Car Wash).
TXDOT will bid the project, administer the contract,
and return the facilities to the City after
acceptance of the work. The current estimated cost
of the project is $113,800 and the City is required
to pay 10% or $11,380. Funding is currently
available in the Traffic Control System Capital
Project Fund.
April 9, 1992
Page 271
92-51A-271-196
(10.)
Staff recommended approval.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Maloy to authorize Resolution #3853 as
recommended by Staff. Motion carried: 5 Yeas; 0
Nays.
Chris Boyer appeared on behalf of Texland Petroleum
to request an Oil and Gas Drilling Permit for Glen
Ivey #1.
No one appeared in apposition and Mayor McMinn
closed the hearing at 10:32 a.m.
92-51A-2!71-197
(11.) Consider agproval for a Oil and Gas Drilling Permit
for Glen Ivey #1.
According t❑ Staff memo, on March 25, 1992 the City
received an application for a permit t❑ drill the
above described well, and the application is
substantially in order.
The storage site is proposed at an existing tank
battery located south of Municipal Drive and west of
North Quirt Avenue. Estacado High School is
approximately 1200' south ❑f the site, separated by
East Itasca. (Lubheirs #8, east ❑f Quirt, was
placed about 1000' from the school.) The production
unit contains 40 acres and has a maximum diagonal of
less than 3,000'. Texland proposes earth sludge
pits and n❑ landscaping at the well. The blowout
protector has a minimum rating ❑f 3,000 psi.
Disposal of waste materials is proposed at a
Railroad Commission approved landfill in Lubbock
County. Access to the drill site is proposed from
Municipal Drive ❑n private property.
SHORT TERM IMPACTS: The Comprehensive Land Use Plan
was recently changed just south of this site by a
zone case to commercial policy. Although the parcel
where the well is located remains residential on the
Plan, commercial or light industrial development is
anticipated in the future. Several older homes are
in the area and a commercial greenhouse is just east
❑f the well site. The well site is approximately
300' from any existing residential development.
POTENTIAL_LONG TERM IMPACTS: The land area
surrounding and including this Lease is designated
both as Residential and Commercial on the
Comprehensive Land Use Plan. Long-term negative
impacts should he minimal since little additional
development is projected in the immediate area.
There are a number of existing wells in the area.
April 9, 1992
Page 272
RECOMMENDED PERMIT C NDITIONS:
1. N❑ hydrocarbon lubricant (waste oil)
will be used t❑ free -up the hole
during drilling until after the
first series of surface casing has
been set t❑ protect the water
aquifer. The first series of casing
depth will be in compliance with
Texas Water Commission and Texas
Railroad Commission requirements.
2. The permittee will notify the
Lubbock office of the Texas Railroad
Commission for the intended dates
for casing the well.
3. Casing of the well will be in
substantial compliance with
applicable portions of Rule 13 of
the Texas Railroad Commission.
4. The permittee will meet all ❑ther
conditions of Section 14, Article VI
of the Lubbock Code and those
specifications indicated within the
application ❑f Texas for Glen Ivey
#1.
Staff recommended approval, subject to the
conditions listed.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Maloy t❑ approve request of Texland
Petroleum for an Oil and Gas Drilling Permit for
Glen Ivey #1 well site with conditions recommended
by Staff. Motion carried: 5 Yeas; 0 Nays.
92-51A-272-198
(12.) Hold a Eublic Hearing -for the Emergency Shelter
Grant Program, and take aparopriate action.
The Emergency Shelter Grant Program is an
entitlement grant for assistance to the homeless
which the City of Lubbock has received since 1987.
The estimated allocation is $56,000 and the emphasis
❑f the grant is ❑n the renovation and rehabilitation
of facilities and homeless prevention efforts.
The applications for project proposals were reviewed
by a subcommittee comprised ❑f Larry Gardner,
Community Development Advisory Committee Member,
Myra Burris, Community Services Advisory Committee
Member, Octavia Givens, Human Relations Commission
Member, and Nancy Haney ❑f the Homeless Task Force.
Upon review of the proposal and facilities, the
Committee recommended the following projects for
funding:
MHMR-Community Living Center $28,650
Women's Protective Services 13,300
City of Lubbock Community Services 11,250
Administration Costs 2,800
$56,000
April 9, 1992
Page 273
The primary emphasis ❑f the Emergency Shelter Grant
Program is the renovation of facilities, and
proposals from Women's Protective Services and
Community Living Center involve the rehabilitation
of facilities.
The basis for the recommendation is t❑ continue to
upgrade community facilities which provide services
to the homeless. The emphasis is on programs which
provide comprehensive services which help equip
clients with the skills to transition back into
society. The focus is on long-term housing versus
short-term transient housing. Staff recommended
approval ❑f the subcommittee funding proposals.
The following individuals presented comments during
the Hearing:
Nancy Haney, Homeless Task Force
Sylvia Martinez, Community Services Programs
Debbie Martin, MHMR
Sheryl Cates, Women's Protective Association
No one appeared in opposition and Mayor McMinn
closed the hearing at 10:38 a.m.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to approve the following
projects for funding under the Emergency Shelter
Grant Program:
MHMR-Community Living Center $28,650
Women's Protective Services 13,300
City of Lubbock Community Services 11,250
Administration Costs 2,800
$56,000
Motion carried: 5 Yeas; 0 Nays.
April 9, 1992
Page 274
92-51A-274-199
(21.) Consider -Resolution #3854 authorizing the Mayor to
sign a Grant Agreement with the Federal Aviation
Administration for Security Improvements at the
Lubbock International Airport.
RESOLUTION #3854
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
Agreement with the United States of America, Federal Aviation
Administration, for a security access control system and security
fencing (Project No. 3-48-0138-12), which Agreement is attached hereto,
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 9th day of April, 1992.
/sj B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
IsZ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s 8ern Case
Bern Case, Director of Aviation
APPROVED AS TOO FORM:
IsZ Harold Willard
Harold Willard, Assistant City Attorney
April 9, 1992
Page 275
GRANT AGREEMENT
FOR DEVELOPMENT PROJECT
PART I OFFER
Date of Offer: March 27, 1992 Project No. 3-48-0138-12
Airport: Lubbock International Contract No. DOT FA 92 SW-8083
TO: CITY OF LUBBOCK, TEXAS
(herein referred to as the "Sponsor")
FROM: The United States of America (acting through the Federal Aviation
Administration, herein referred to as the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application
(also called an Application for Federal Assistance) dated March 26,
1992, for a grant of Federal funds for a project for development of the
Lubbock International Airport (herein called the "Airport"), together
with plans and specifications for such project, which Application for
Federal Assistance, as approved by the FAA is hereby incorporated herein
and made a part hereof; and
WHEREAS., the FAA has approved a project for development of the Airport
(herein called the "Project") consisting of the following described
airport development:
Install security access control system and security fencing
all as more particularly described in the property map and plans and
specifications incorporated in the said Application for Federal
Assistance.
NOW THEREFORE, pursuant to and for the purpose of carrying out the
provisions of the Airport and Airway Improvement Act of 1982, as amended
by the Airport and Airway Safety and Capacity Expansion Act of 1987,
herein called the "Act," and/or the Aviation Safety and Noise Abatement
Act of 1979, and in consideration of (a) the Sponsor's adoption and
ratification of the representations and assurances contained in said
Project Application and its acceptance of this Offer as hereinafter
provided, and (b) the benefits to accrue to the United States and the
public from the accomplishment of the Project and compliance with the
assurances and conditions as herein provided, THE FEDERAL AVIATION
ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS
AND AGREES to pay, as the United States share of the allowable costs
incurred in accomplishing the Project, ninety (90) percentum of all
allowable project costs.
This Offer is made on and subject to the following terms and conditions:
Conditions
1. The maximum obligation of the United States payable under this
offer shall be $1,744,803.00.
2. The allowable costs of the project shall not include any costs
determined by the FAA to be ineligible for consideration as to
allowability under the Act.
3. Payment of the United States share of the allowable project costs
will be made pursuant to and in accordance with the provisions of
such regulations and procedures as the Secretary shall prescribe.
Final determination of the United States share will be based upon
the final audit of the total amount of allowable project costs and
settlement will be made for any upward or downward adjustments to
the Federal share of costs.
April 9, 1992
Page 276
4. The sponsor shall carry out and complete the Project without undue
delays and in accordance with the terms hereof, and such
regulations and procedures as the Secretary shall prescribe, and
agrees to comply with the assurances which were made part of the
project application.
5. The FAA reserves the right to amend or withdraw this offer at any
time prior to its acceptance by the sponsor.
6. This offer shall expire and the United States shall not be
obligated to pay any part of the costs of the project unless this
offer has been accepted by the sponsor on or before 30 days from
date of Grant Offer or such subsequent date as may be prescribed
in writing by the FAA.
7. The sponsor shall take all steps, including litigation if
necessary, to recover Federal funds spent fradudulently,
wastefully, or in violation of Federal antitrust statutes, or
miisused in any other manner in any project upon which Federal
funds have been expended. For the purposes of this grant
agreement, the term "Federal funds" means funds however used or
disbursed by the sponsor that were originally paid pursuant to
this or any other Federal grant agreement. It shall obtain the
approval of the Secretary as to any determination of the amount of
the Federal share of such funds. It shall return the recovered
Federal share, including funds recovered by settlement, order or
judgment, to the Secretary. It shall furnish to the Secretary,
upon request, all documents and records pertaining to the
determination of the amount of the Federal share or to any
settlment, litigation, negotiation, or other efforts taken to
recover such funds. All settlements or other final positions of
the sponsor, in court or otherwise, involving the recovery of such
Federal share shall be approved in advance by the Secretary.
S. The United States shall not be responsible or liable for damage to
property or injury to persons which may arise from, or be incident
to, compliance with this grant agreement.
9. Unless otherwise approved by the FAA, the sponsor will not acquire
or permit any contractor or subcontractor to acquire any steel or
manufactured products produced outside the United States to be
used for any project for airport development or noise
compatibility for which funds are provided under this grant. The
sponsor will include in every contract a provision implementing
this special condition.
10. It is mutually understood and agreed that if, during the life of
the project, the FAA determines that the grant amount exceeds the
expected needs ❑f the sponsor by $5,000 or five (5%) percent,
whichever is greater, the grant amount can be unilaterally reduced
by letter from the FAA advising of the budget change. Conversely,
if' there is an overrun not to exceed the statutory fifteen (15%)
percent limitation and will advise the sponsor by letter of the
increase. Upon issuance of either of the aforementioned letters,
thie maximum obligation of the United States is adjusted to the
amount specified.
11. The sponsor agrees to request cash drawdowns ❑n the authorized
letter of credit only as and when actually needed for its
disbursement and to timely reporting of such disbursements as
required. It is understood that failure to adhere to this
provision may cause the letter of credit to be revoked.
12. The property map referred to on Page 1 of this Grant Agreement is
the Property Map, Exhibit "A", attached to the Application for
Federal Assistance attached hereto.
13. The puns and specifications referred to on Page 1 of this Grant
Agreement are the plans and specifications approved by the FAA on
February 22, 1992.
April 9, 1992
Page 277
The Sponsor's acceptance of this Offer and ratification and adoption of
the Project Application incorporated herein shall be evidenced by
execution of this instrument by the Sponsor, as hereinafter provided,
and this Offer and Acceptance shall comprise a Grant Agreement, as
provided by the Act, constituting the contractual obligations and rights
of the United States and the Sponsor with respect to the accomplishment
of the Project and compliance with the assurances and conditions as
provided herein. Such Grant Agreement shall become effective upon the
Sponsor's acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
/s/ Peggy Jones
for Manager, Texas Airport
Development Office
Part II - Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements,
representations, warranties, covenants, and agreements contained in the
Project Application and incorporated materials referred to in the
foregoing Offer and does hereby accept this Offer and by such acceptance
agrees to comply with all of the terms and conditions in this Offer and
in the Project Application.
Executed this 9th day of April, 1992.
CITY OF LUBBOCK, TEXAS
By:/s/ B. C. McMinn
B. C. McMinn, Mayor
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS IV CONTENT:
s Bern E. Case
Bern E. Case, A.A.E.
Director of Aviation
APPROVED AS TO FORM:
Har d d Wi 11 and
Harold Willard., Assi taut City Attorney
April 9, 1992
Page 278
CERTIFICATE OF SPONSOR'S ATTORNEY
I, Harold Willard, acting as Attorney for the Sponsor do hereby
certify:
That in my opinion the Sponsor is empowered to enter into the
foregoing Grant Agreement under the laws of the State of Texas. Further,
1 have examined the foregoing Grant Agreement and the actions taken by
said Sponsor relating thereto, and find that the acceptance thereof by
said Sponsor and Sponsor's official representative has been duly
authorized and that the execution thereof is in all respects due and
proper and in accordance with the laws of the said State and the Act. In
addition, for grants involving projects to be carried out on property
not awned by the Sponsor, there are no legal impediments that will
prevent full performance by the Sponsor. Further, it is my opinion that
the said Grant Agreement constitutes a legal and binding obligation of
the Sponsor in. accordance with the terms thereof.
Dated at, 10:00 a.m. this 9th day of April, 1992.
Is/ Harold Willard
Harold Willard, Assistant
City Attorney
A copy of Grant Application is filed with Resolution No. 3854.
According to Staff memo, in 1989 Congress mandated
improvements to better restrict and control access
at air carrier airports. Airports were required to
redraft security plans and procedures to incorporate
the new, more restrictive requirements, and develop
plans and procedures for consideration by the
Federal Aviation Administration.
Once approved, airports the size of the Lubbock
Airport were given 24 months to incorporate the new
methods and procedures into practice. The new
requirements are such that computer operated access
control systems are required in order to meet the
operations specifications of the regulation.
Implementation of and funding for the improvements
are eligible for 90% grants through the Airport
Improvement Program.
In addition to the Terminal computer access control
system, improvement to the airfield security fence
to replace barbed wire sections with security chain
link fencing were necessary. This grant includes
the fencing upgrade around the airport perimeter to
more than 45,000' of fence.
The security system has been approved by the FAA and
a grant authorized in the amount of $1,744,803.
With execution of this grant, the City may award
bids and commence the work.
The total cost of the security improvements,
including design and construction, is projected at
$1,938,670 based on acceptance of the low bids. The
airport's share will be 10% ($193,857) plus $47,595
for items not subject to FAA funding (owner's
protective liability insurance during construction,
access control hardware on the outside doors and
interior elevator in the upstairs meeting rooms, and
furnishings for the computer control room break area
and supervisor's office).
April 9, 1992
Page 279
92-51A-279-200
(22.)
The total airport share of the project cost will be
$241,462 and of this amount, $161,500 is currently
funded in the Airport Capital Projects Budget. The
remaining $79,962 will be from Airport Capital
Project Fund balance until PFC funding becomes
available.
The Airport Advisory Board reviewed and concurred
with the recommendation to City Council in their
March 25, 1992 Airport Board meeting.
Staff recommended approval.
Motion was made by Councilman Aderton, seconded by
Councilwoman Baker to authorize Resolution #3854 as
recommended by Staff. Motion carried: 5 Yeas; 0
Nays.
RESOLUTION #3855
WHEREAS, on or about September 26, 1991, the City of Lubbock and
the United States of America, Department of Transportation, Federal
Aviation Administration (FAA) entered into Lease No. DTFA07-91-L-01215,
wherein the City agreed to lease to the FAA 40,000 square feet of hangar
space at: the Lubbock International Airport (Airport); and
WHEREAS, on or about September 27, 1991, the City of Lubbock, as
Lessor, and G. Greenstreet, Inc., as Lessee, entered into a Lease and
Sublease Agreement in which the City leased Airport premises to the
Lessee on which to construct a 40,000 square foot hangar; and
WHEREAS, Lessee agreed to construct said hangar at the Airport in
accordance with the requirements set forth in Lease No.
DTFA07-91-L-01215; and
WHEREAS, Lessee further agreed that upon completing construction
of the hangar, Lessee would sublease that facility and the demised
premises back to the City for use by the City in accomplishing its
economic: development goals; and
WHEREAS, both the City and FAA subsequently executed Supplemental
Agreement No. 1 to Lease No. DTFA07-91-L-01215 and the City and G.
Greenstreet, Inc. executed Amendment No. 1 to the above -referenced Lease
and Sublease Agreement; and
WHEREAS, both the City and FAA now desire to execute Supplemental
Agreement No. 2 to Lease No. DTFA07-91-L-01215, which would necessitate
amending further the Lease and Sublease Agreement the City entered into
with G. Greenstreet, Inc. as well; and
WHIEREAS, all of the parties who now have an interest in the above
such Lease and Sublease Agreement as a result of an Assignment or
Transfer, for good and valuable consideration, have agreed to amend such
Lease and Sublease Agreement in the manner necessitated by Supplemental
Agreement No. 2; and
April 9, 1992
Page 280
WHEREAS, amending the Lease and Sublease Agreement
contemporaneously with the City's execution of Supplemental Agreement
No. 2 to Lease No. DTFA07-91-L-01216 is also in the best interest of the
citizens of the City of Lubbock; NOW THEREFORE:
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 for and on behalf of the City of Lubbock, Texas,
Supplemental Agreement No. 2 to Lease No. DTFA07-91-L-01216 between the
City and the United States of America, Department of Transportation,
Federal Aviation Administration, and Amendment No. 2 to the Lease and
Sublease Agreement entered into by the City and G. Greenstreet, Inc.,
which Supplemental Agreement and which Amendment are both 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 9th day of April, 1992.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Rane�tte Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Isl Bern E. Case
Bern E. Case., Director of Aviation
APPROVED AS TO FORM:
s Harold Willard
Harold Willard, Assistant City
Attorney
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
800 Independence Avenue, SW
Washington, D.C. 20591
Supplemental Agreement No. 2 to
Lease Agreement No. DTFA07-91-L-01216
SUPPLEMENTAL AGREEMENT NO. 2, made and entered on this the 9th day of
April, 1992, by and between the City of Lubbock, Texas, hereinafter
referred t❑ as the Lessor, and the UNITED STATES OF AMERICA, Department
of Transportation, Federal Aviation Administration, hereinafter referred
to as the Government.
W I T N E S S E T H :
------------------------------------------------------------------------
WHEREAS, by Lease Agreement No. DTFA07-91-L-01216 dated September 26,
1991, the Government leased from the Lessor 40,000 square feet of hangar
space at the Lubbock International Airport, Texas; and,
WHEREAS, by Supplemental Agreement No. 1 to Lease Agreement No.
DTFA07-91-L-01216 dated February 13, 1992 the Government agreed to
adjust the monthly rental payment amount in exchange for additional
paving being provided by the Lessor in front of the hangar facility,
and;
April 9, 1992
Page 281
WHEREAS, the Government has, as of March 1, 1992, accepted the leased
premises and has further agreed to make, in addition to the normal
monthly rental payments, a one-time payment in the amount of $966.00 for
additional work accomplished by the Lessor at the Government's request,
and;
NOW, THEREFORE, the parties hereto agree to modify Lease No.
DTFA07-91-L-01216 as follows:
1. Article 2 is deleted and the following Articles 2 is
substituted in lieu thereof.
2. To have and to hold said premises with their
appurtenances for the term beginning March 1, 1992 through
February 28, 1993 subject to the termination and renewal
rights as may be hereinafter set forth.
2. Article 3 is expanded to include two additional sentences.
3. The Government shall pay the lessor the annual rent of
$132,165.00 at the rate of $11,013.75 per month in arrears
for the term set forth in Article 2 above. All rent shall be
prorated based on actual occupancy of the leased premises.
Rent checks shall be made payable to the lessor at the
address shown elsewhere in this agreement.
In addition to the monthly rental payment described above,
the Government agrees to make a one-time payment totalling
$966.00 for additional work requested by the Government and
accomplished by the Lessor. This one-time payment is to be
made by the Government as soon as possible after the
execution of this supplemental agreement and is to be made
in additional to any monthly rental that may be due.
3. Article 5 is deleted and the following Article 5 is
substituted in lieu thereof.
5. This lease may be renewed at the option of the
Government from year to year at an annual rate of
$118,800.00 and otherwise upon the terms and conditions
herein specified. The Government's option shall be deemed
exercised and the lease renewed each year for one year
unless the Government gives 30 day notice that it will not
exercise its option, before this or any renewal thereof
expires; PROVIDED, that no renewal thereof shall extend the
period of occupancy beyond the 28 day of February, 1997; and
PROVIDED FURTHER, that adequate appropriations are available
for the payment of rentals. Notwithstanding any other
provision of this lease agreement the Government reserved
the right to terminate this lease at any time after February
28, 1993, upon 30 days written notice to the Lessor.
April 9, 1992
Page 282
4. Article 7 is deleted and the following Article 7 is
substituted in lieu thereof.
7. The Lessor agrees to make monthly rental payments for
all utility usage associated with the leased premises. Every
three (3) months the Lessor will submit an itemized invoice
of all utilities paid with copies of actual utility bills
for the leased space to the Contracting Officer's
representative identified below:
Mr. James Campbell
FAA ARTCC/NEOF
299 Woolsey Road
Hampton, GA 30228
The Contracting Officer's representative will review each
quarterly utility invoice submitted by the Lessor and
promptly process payment of the consolidated utility bill to
the Lessor.
ALL OTHER TERMS AND CONDITIONS of Lease Agreement No. DTFA07-91-L-01216
are hereby ratified and except as modified above shall be and remain the
same.
IN WITNESS THEREOF, the parties hereto have hereunto subscribed their
names as ❑f the date first written above.
LESSOR
s B. C. McMinn
B. C. McMinn
Mayor
APPROVED AS TO CONTENT:
s Berm E. Case
Bern E. Case„ A.A.E.
Director of Aviation
APPROVED, AS TO FORM:
ZsZ HaroI d Willard
Harold W'i i 1 and
Assistant City Attorney
UNITED STATES OF AMERICA
/s/ Arthur P. Bona, Jr.
Arthur P. Bona, Jr.
Real Estate Contracting Officer
ACKNOWLEDGEMENT
I, Ranette Boyd, certify that I am the City Secretary of the entity
named in the attached agreement. I also certify that B. C. McMinn is the
Mayor and is authorized to sign this agreement and bind said entity to
the terms and conditions of this agreement.
Isl Ranette Boyd
Ranette Boyd, City Secretary
April 9, 1992
Page 281
WHEREAS, the Government has, as of March 1, 1992, accepted the leased
premises and has further agreed to make, in addition to the normal
monthly rental payments, a one-time payment in the amount of $966.00 for
additional work accomplished by the Lessor at the Government's request,
and;
NOW, THEREFORE, the parties hereto agree to modify Lease No.
DTFA07-91-L-01216 as follows:
1. Article 2 is deleted and the following Articles 2 is
substituted in lieu thereof.
2. To have and to hold said premises with their
appurtenances for the term beginning March 1, 1992 through
February28, 1993 subject to the termination and renewal
rights as may be hereinafter set forth.
2. Article 3 is expanded to include two additional sentences.
;. The Government shall pay the lessor the annual rent of
$132,165.00 at the rate of $11,013.75 per month in arrears
for the term set forth in Article 2 above. All rent shall be
prorated based on actual occupancy of the leased premises.
Rent checks shall be made payable to the lessor at the
address shown elsewhere in this agreement.
In addition to the monthly rental payment described above,
the Government agrees to make a one-time payment totalling
$966.00 for additional work requested by the Government and
accomplished by the Lessor. This one-time payment is to be
made by the Government as soon as possible after the
execution of this supplemental agreement and is to be made
in additional to any monthly rental that may be due.
3. Article 5 is deleted and the following Article 5 is
substituted in lieu thereof.
15. This lease may be renewed at the option of the
Government from year to year at an annual rate of
111.8,800.00 and otherwise upon the terms and conditions
herein specified. The Government's option shall be deemed
exercised and the lease renewed each year for one year
unless the Government gives 30 day notice that it will not
exercise its option, before this or any renewal thereof
expires; PROVIDED, that no renewal thereof shall extend the
period of occupancy beyond the 38 day of February, 1997; and
PROVIDED FURTHER, that adequate appropriations are available
for the payment of rentals. Notwithstanding any other
provision of this lease agreement the Government reserved
the right to terminate this lease at any time after February
28, 1993, upon 30 days written notice to the Lessor.
April 9, 1992
Page 283
AMENDMENT NO. 2
TO
LEASE AND SUBLEASE AGREEMENT
STATE OF TEXAS §
COUNTY OF LUBBOCK
WHEREAS, the City of Lubbock, Texas, as Lessor, and G.
Greenstreet, Inc., as Lessee, entered into a Lease and Sublease
Agreement on September 27, 1991 in which the Lessor demised property at
Lubbock International Airport to the Lessee on which to construct a
40,000 square foot hangar, and the Lessee agreed to sublease the
premises and hangar facility after construction to the City for use in
accomplishing the municipality's economic development goals; and
WHEREAS, both the Lessor and the Lessee, for good and valuable
consideration, subsequently executed Amendment No. 1 to the above
referenced Lease and Sublease Agreement contemporaneously with the
execution by the Lessor and the United States of America, department of
Transportation, Federal Aviation Administration (FAA) of Supplemental
Agreement No. 1 to Lease No. DTFA07-91-L-01216; and
WHEREAS, on or about March 18, 1992, G. Greenstreet, Inc. assigned
its leasehold interest in the above -referenced Lease and Sublease
Agreement, and amendments thereto, to Gary Greenstreet, Tom Brown, Don
Denton and David Wood, as Assignees; and
WHEREAS, contemporaneous with the assignment of the Lease and
Subleases Agreement, and amendments thereto, the Assignees transferred to
the Lubbock National Bank (Transferee) all rights to receive payments
for rentals due from the Lessor under such Lease and Sublease
Agreements, and amendments thereto; and
WHEREAS, the Lessor, Assignees and Transferee, for good and
valuable consideration, have all agreed to further amend the
above -referenced Lease and Sublease Agreement to reflect additional work
requested by the FAA in Supplemental Agreement No. 2 to Lease No.
DTFA07-91-L-01216, attached hereto and made a part of this Amendment;
NOW THEREFORE:
The above -referenced Lease and Sublease Agreement is hereby
amended by amending Subparagraph b of numbered paragraph 1 of Section II
as follows:
The City does hereby agree to pay to Lessee as consideration
for the sublease of these premises a lump sum of $13,365.00
payable upon acceptance of the hangar facility by the United
States of America, plus a lump sum of $270.00 payable upon receipt
by the City of the one-time payment of $966.00 referred to in
Supplemental Agreement No. 2 to Lease Agreement No.
DTFA07-91-L-01216 between the City and the Federal Aviation
Administration, plus monthly lease payments of $8,600.00 per month
with such payments being due from the City to Lessee on the 1st
day of each month during the existence of the term of this
sublease, with the understanding, however, that the first such
monthly lease payment shall be prorated in the event that the date
of acceptance as mentioned in this subparagraph is less than one
full calendar month. In the event that City does not make the
payment due Lessee as required by this subparagraph, then in such
event Lessee shall make written demand upon City allowing City
fifteen (15) additional days from receipt of Lessee's demand to
make the appropriate payment. In the event the City fails to make
the payment after notice, as above set forth, then Lessee may
require the payment from City of the total amount of lease
payments remaining due under this Sublease.
April 9, 1992
Page 284
All other terms and conditions of the Lease and Sublease Agreement
between the City ❑f Lubbock and G. Greenstreet, Inc. are hereby ratified
and except as above amended or as previously amended shall be and remain
the same.
AGREED TO AND ACCEPTED THIS 1st day ❑f April, 1992.
ASSIGNEES:
Isl Gary Greenstreet
Gary Greenstreet
Is1 Tom Brown
Tom Brown
jsZ Don Denton
Don Denton
Is/ David Wood
David Wood
7606 University Avenue
Lubbock, Texas 79423
TRANSFEREE:
Lubbock National Bank
By:Is1 David Harmon
David Harmon
Senior Vice Pres.
Post Office Box 6100
Lubbock, Texas 79493
LESSOR:
City ❑f Lubbock, Texas
By:Is/ B. C. McMinn
B. C. MCMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Zs-1 Bern Case
Bern Case, Director of Aviation
APPROVED AS TO FORM:
s Harold Willard
Harold Willard, Assistant City
Attorney
This amendment to the Lease Agreement between the
City of Lubbock and the Federal Aviation
Administration clears details for beginning the FAA
hangar lease period. The document officially
establishes the beginning of the Lease period as
March 1, 1992, during which FAA will pay the City
$11,013.75 per month. The amendment also commits
FAA to pay an additional $966 for other work
(electric door lock and signage).
April 9, 1992
Page 285
92-51A-285-201
(23.)
Annual renewals of the Lease will be at an annual
rate of $188,800, or $9,900 per month. This
Agreement has an automatic renewal clause that
strengthens the FAA's commitment for the first five
years, and additionally establishes definite
procedures for processing payments for the hangar's
utilities. Although FAA has officially taken
possession of the hangar, they are not expected to
move in until late April.
The Airport Advisory Board has previously approved
the processing of all documents for the FAA hangar
to be recommended to City Council for approval.
Staff recommended approval.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Maloy to authorize Resolution #3855 as
recommended by Staff. Motion carried: 5 Yeas; 0
Hays.
RESOLUTION #3856
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 all related documents by and between the City of Lubbock
and the Robert Wood Johnson Foundation of Atlanta, Georgia, for the "All
Kids Count" program of health immunization tracking, 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 ❑f this
Resolution as if fully copied herein in detail.
Passed by the City Council this 9th day of April, 1992.
IsI B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/sZ Ranette Saud
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/sZ Ritg Harmon
Rita Harmon, Assistant City Manager
APPROVED AS TO FORM:
s Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of the Grant Application is filed with Resolution No. 3856.
April 9, 1992
Page 286
This is a grant proposal submitted by the City of
Lubbock Health Department to the Robert Wood Johnson
Foundation requesting $132,926 to develop a plan for
tracking preschoolers immunizations throughout the
South Plains and the Panhandle of Texas. The
Lubbock Board of Health unanimously approved the
submission of this proposal at their regularly
scheduled meeting on February 14, 1992.
In 1989, 335 cases of measles were reported in
Lubbock, approximately 10% of all the reported
measles cases in Texas. Currently, the department
has no reliable method for tracking immunizations
among preschoolers.
This program is primarily directed at children,
birth through five. According to the 1990 census,
there are 20,553 preschoolers in Lubbock and 58,325
in the region. The plan to be developed will affect
all preschoolers regardless of sex, race, or
economic level of the family and will increase
public awareness regarding the need for
immunization.
The grant period is from November 1, 1992, through
October 31, 1993 and activities to be addressed
during the development of the plan include at the
least:
a. Convene an advisory committee.
b. Identify target population.
C. Identify existing immunization
services and the means of improving
access to these services.
d. Identify service gaps and barriers.
e. Identify existing immunization
recordkeeping systems.
f. Determine how immunization records
can be tracked via computer.
g. Determine how to make computer
records available to parents,
service providers, and public
officials.
h. Establish confidentiality
guidelines.
i. Develop system for referrals and
follow-up.
j. Develop a financial plan for
implementation of the plan.
k. Develop plan for institutionalizing
the new system within ongoing State
and local programs.
April 9, 1992
Page 287
92-51A-287-202
(24.)
The major portion of this money would fund 2 112
temporary, full-time equivalent staff members to
conduct needs assessments, surveys of health care
providers, and public forums in developing this
plan.
The Amarillo 8i-City/County Health Department would
be a subcontractor to the City of Lubbock, employing
one-half full-time equivalent staff person to work
with the Panhandle counties. Lubbock and Amarillo
would provide an in -kind match of $21,279 which
would be in the form of personnel time to provide
supervision, clerical assistance, and equipment.
The Robert Wood Johnson Foundation will fund 20
proposals from the 250+ letters of intent received
nationwide. This is a one-time grant but developed
plans can be submitted to Robert Woods Johnson
Foundation for implementation funding which would be
for two two-year grants. Of the 20 planning grants
supported, 12 will receive implementation grants of
$525,000.
Lubbock is the only City/County in Region 2 eligible
to apply due to the minimum population criteria of
200,000. Staff recommended approval.
Notion was made by Mayor Pro Tem Patterson, seconded
by Councilman Maloy to authorize Resolution #3856 as
recommended by Staff. Motion carried: 5 Yeas; 0
Nays.
RESOLUTION #3857
RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS,
178 THROUGH 2O2, PRESTON HILLS ADDITION.
WHIEREAS, the developer of Lots 178 through 202, Preston Hills
Addition has complied with the provision of the City of Lubbock Code,
Chapter 28, Article IV, 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 $32,555.41
with the improvements constructed by U.C.A. having a value of $23,297.19
as determined by the unit prices established by said Chapter 28, and
$9,258.22 cash paid to the City includes $1,818.56 cash and $6,913.40 as
transferred funds for adjacent lines, with Lubbock Land Company, the
developer to receive a refund of $10,2C6.47 in accordance with Chapter
28 of the Code of the City of Lubbock and a refund of deposit in the
amount of $-0-, and
April 9, 1992
Page 288
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 $10,206.47
be made in accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the amount of
SECTION 4. THIS resolution shall take effect and be in force from
and after its passage.
PASSED AND APPROVED this 9th day of April, 1992.
Is1 B. C. McMinn
B. C. McMINN, MAYOR
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:
ZsL-J. _Worth Fullingim
J. Worth rullingim, Assistant
City Attorney
This is a routine acceptance of water and sewer
improvements constructed in accordance with the
subdivision regulations. The total cost of the
improvements is $32,555.41 including value of
construction costs of $23,297.10 and $9,258.22 cash
paid to the City ($1,818.56 for adjacent line and
$6,913.40 for transfer of funds). There will be
$10,206.47 in refund due on this project.
Staff recommended acceptance of these improvements.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Malay to authorize Resolution #3857 as
recommended by Staff. Motion carried: 5 Yeas; a
Nays.
April 9, 1992
Page 289
92-SIA-289-203
(25.)
RESOLUTION #3858
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY DF LUBBOCK:
THAT the Mayor ❑f 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 all related documents by and between the City of Lubbock
and the Texas Department of Housing and Community Affairs for services
to homeless individuals during 1992-93, attached herewith, which shall
be spread upon the minutes ❑f the Council and as spread upon the minutes
❑f this Council shall constitute and be a part ❑f this Resolution as if
fully copied herein in detail.
Passed by the City Council this 9th day of April, 1992.
Is/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
Zsl Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Isl ❑avid Ellison
David Ellison, Assistant City Manager
APPROVED A5 TO FORM:
s Donaild G. Vandiver
Donald G. Vandiver,
First Assistant City Attorney
A copy of the Grant Application is filed with Resolution No. 3858.
This Contract, in its fourth year, will be for
$15,587 and 70% will be used for direct services
which include rent, food vouchers, and information
and referral. Staff estimates assisting 200
families and using the remaining funds for
personnel.
Last year 800 families were assisted with $22,939 in
funds. Staff recommended approval.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Maloy to authorize Resolution #3858 as
recommended by Staff. Motion carried: 5 Yeas; 0
Nays.
April 9, 1992
Page 290
92-51A-290-204
(26.)
RESOLUTION #3859
WHEREAS, the City of Lubbock has been offered a contract from the
Texas Department of Community Affairs to administer a program to
weatherize the homes of low income families in Lubbock County; and
WHEREAS, the City Council of the City of Lubbock believes it to be
in the best interest of the health, safety and welfare of the citizens
of the county of Lubbock to make it possible for low income families to
conserve energy and to reduce energy costs; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock a
contract and related documents with the Texas Department of Community
Affairs for the Weatherization Assistance Program in the anticipated
amount of $45,226 for the period of April 1, 1992 through March 31,
1993. A copy of said contract is attached hereto to 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 9th day of April, 1992.
/s/ B. C. McMinn
B. C. MCMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED, AS TO CONTENT:
s David Ellison
David Ellison, Assistant City Manager
APPROVED AS TO FORM:
s Donald G. Vandiver
Donald G. Vandiver,
First Assistant City Attorney
A copy of the Contract with the Texas Department of Housing and
Community Affairs is filed with Resolution No. 3859.
This Contract will be for $45,226 and 90% will be
used for direct services which include home repairs
not to exceed $1,697 per home. Staff estimates
assisting 26 families and using the remaining funds
for personnel.
Last year the funds were in the amount of $87,307.
Staff recommended approval.
Motion was made by Councilman Aderton, seconded by
Councilwoman Baker to authorize Resolution #3859 as
recommended by Staff. Motion carried: 5 Yeas; 0
Nays.
April 9, 1992
Page 291
92-51A-291-205
(27.)
Official Statement.
ORDINANCE #9514
AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF LUBBOCK, TEXAS,
GENERAL OBLIGATION REFUNDING BONDS, SERIES 1992"; SPECIFYING THE TERMS
AND FEATURES OF SAID BONDS; LEVYING A CONTINUING DIRECT ANNUAL AD
VALOREM TAX FOR THE PAYMENT OF SAID BONDS; AND RESOLVING OTHER MATTERS
INCIDENT AND RELATED TO THE I55UANCE, SALE, PAYMENT AND DELIVERY OF SAID
BONDS, INCLUDING THE APPROVAL AND EXECUTION OF A PAYING AGENT/REGISTRAR
AGREEMENT, A PURCHASE CONTRACT, AND A SPECIAL ESCROW AGREEMENT, CALLING
CERTAIN BONDS FOR REDEMPTION AND AUTHORIZING A NOTICE OF REDEMPTION, AND
THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING
THERETO; AND PROVIDING AN EFFECTIVE DATE.
Joe Smith, of First Southwest Company and Financial
Advisor for the City, presented details of the
procedure for refunding this issue. According to
Mr. Smith, the objective of this refunding issue is
to reduce the interest cost on two of the
outstanding General Obligation Bond issues --The 1985
G.O. Bond Issue and the 1983 G.O. Bond Issue.
Mr. Smith advised that an estimated $900,000 savings
over the remaining life of the bonds (or $127,000
per year on the debt service) would be realized if
refunded at this time due to the current low -
interest rate market.
Staff recommended Council approval.
Due to the urgency in finalizing the Council action
and protecting the interest rate on these bonds,
there will be a need to have a special -called City
Council meeting at 8:15 a.m., April 10, 1992, for
second and final reading.
Motion was made by Councilwoman Baker, seconded by
Councilman Aderton, to pass on first reading
Ordinance #9514 as recommended by Staff. Motion
carried: 5 Yeas; O Nays.
92-51A-291-205
(28.) Hold an Executive Session to discuss personnel
matters (Municipal Court Judge) and pending
litigation (Airport)_
92-51A-291-207
(30.) BID #11833--Duplex Submersible Pump Set (Water
Department).
Pump & Power Equipment, Dallas--1 ea. duplex
submersible pump set.
Motion was made by Councilwoman Baker, seconded by
Mayor Pro Tem Patterson, to authorize low bid
meeting specifications. Motion carried: 5 Yeas; O
Nays.
April 9, 1992
Page 292
92-51A-292-208
(31.) BID.#11866--Scott Air Paks & Replacement Parts (Fire
Department).
Wayest Safety, Dallas--1 It. Scott Air Paks; I It.
Scott Air Pak parts.
Motion was made by Councilwoman Baker, seconded by
Mayor Pro Tem Patterson, to authorize low hid
meeting specifications. Motion carried: 5 Yeas; 0
Nays.
92-51A-292-209
(32.) BID #11865--Insect Control Equipment (Fleet
Management).
Reeves Equipment, San Antonio--4 ea. aerosol fog
generator; 2 ea. fluid metering system.
Motion was made by Councilwoman Baker, seconded by
Mayor Pro Tem Patterson, to authorize low hid
meetings specifications. Motion carried: 5 Yeas; 0
Nays.
92-51A-292-210
(33.) BID #11876--Fertilizer (Parks & Recreation).
Lake Country Lawn Products, Trinidad--125 bg. 21-3-
16 Greens Grade.
Hughes Fertilizer, Stanton--370 bg. 0-0-22
Sul-Po-Mag.
Turfco, Dallas--125 gl. growth enhancer activator;
90 tn. 21-0-0 Ammonium Sulfate to be applied April
13, 1992; 15 tn. 21-0-0 Ammonium Sulfate to he
applied April 16, 1992; 21 tn. 16-4-12 60% Scu+5%
Iron to he applied May 21, 1992; 21 tn. 16-4-12 60%
SCD+5% Iron to he applied July 16, 1992.
Kitten Fertilizer, Slaton--50 bg. 0-0-50 Sulfate of
Potash; 50 bg. F-577 G Micronutrient Frit 50% Iron.
BWI, Dallas--50 gi. 14-0-0 liquid Iron Complex; 88
tn. gran. Gypsum to he applied April 16, 1992; 64
tn. gran. Sulfur to be applied June 8, 1992.
Tyler Fertilizer, Tyler--90 tn. 16-4-12 60% SCD+2%
Iron to he applied August 10, 1992.
2ipp Industries, Inc., Amarillo--360 bg. 16-4-12+5%
Iron.
Motion was made by Councilwoman Baker, seconded by
Mayor Pro Tem Patterson, to authorize low bids
meeting specifications. Motion carried: 5 Yeas; 0
Nays.
April 9, 1992
Page 293
92-51A-293-211
(34.) BID #11834--Security Fence_Improvements, and
authorize same (Lubbock International Airport).
RESOLUTION #3860
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 American Fence Co., Inc.
of Texas for installation of security fence improvements at the Lubbock
International Airport, 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 9th day of April, 1992.
ATTEST:
IsZ Ranette-Boryd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Gene► Eads
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
s Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
IsI B. C. McMinn
B. C. McMINN, MAYOR
THIS AGREEMENT, made and entered into this 9th day of April, 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 American Fence Co., Inc. of Texas
of the City of Odessa, County of Ector, 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. 11834--L.I.A. Security Fencing Improvements Project (Lubbock
International Airport) in the amount of $297,711.00
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.
April 9, 1992
Page 294
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,
this agreement in Lubbock,
first above written.
ATTEST:
s Ranette Boyd
Secretary
APPROVED AS TO CONTENT:
s Bern E. Case
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:
Is/ Don Vandiver
ATTEST:
American Fence Co., Inc. of Texas
s Nam "'ot Legible CONTRACTOR
Secretary
By: /s/_Mike Wilson
TITLE: Branch Manager
COMPLETE ADDRESS: American Fence Co., Inc. of Texas
13500 Highway 80 East
Odessa, Texas 79765
Motion was made by Councilwoman Baker, seconded by
Mayor Pro Tem Patterson, to authorize Resolution
93860. Motion carried: 5 Yeas; C Nays.
April 9, 1992
Page 295
92-51A-295-212
(35.) BID #11830--
RESOLUTION #3861
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 CEA, Inc. for a
security and access control system at Lubbock International Airport,
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 9th day of April, 1992.
ATTEST:
s Ra ette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Gene Eads
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
s Donald G. Vandiver
Donald G. Vandiver, First 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 9th day of April, 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 CEA, Inc. of the City of Canton,
County of , and the State of Massachusetts, 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. 11830--Security and Access Control System (Lubbock International
Airport) in the amount of $
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 ❑f Agreement.
April 9, 1992
Page 296
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: CITY OF LUBBOCK, TEXAS (OWNER)
s Ranette Bovd Isf B. C. McMinn
Secretary Mayor
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
ATTEST:
CONTRACTOR
Secretary
By:
TITLE:
COMPLETE ADDRESS: CEA, Inc.
Canton, MA
Motion was made by Councilwoman Baker, seconded by
Mayor Pro Tem Patterson to authorize Resolution
#3861. Motion carried: 5 Yeas; 0 Nays.
92-51A-296-213
(36.) BID _#118.13--T-Shirts (Parks & Recreation).
Safari Embroidery & Sportswear, Midland --I lt. T-
shirts, short sleeve, 6,720 total, various sizes &
colors.
Motion was made by Councilwoman Baker, seconded by
Mayor Pro Tem Patterson to authorize low bid
meetings specifications. Motion carried: 5 Yeas; 0
Nays.
April 9, 1992
Page 297
92-51A-297-214
(37.) BID 411862--LP&L South Substation Equipment
Building. and authorize same (Electric
Distribution).
RESOLUTION #3862
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 Tusha Buildings to
furnish and install a pre-engineered metal building for an LP&L South
Substation located at 10602 Indiana Avenue, 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 9th day of April, 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 Donelld G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
CONTRACT
STATE OF' TEXAS
COUNTY OF LUBBOCK
/s/ B. C. McMinn
B. C. McMINN, MAYOR
THIS AGREEMENT, made and entered into this 9th day of April, 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 Tusha Buildings 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. 11862--LP&L South Substation Equipment Building Project
(Electric Distribution) in the amount of $46,459.00
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.
April 9, 1992
Page 298
The CONTRACTOR hereby agrees to commence work within ten days
after the date written notice to do s❑ shall have been given t❑ him and
to substantially complete same within the time specified in the contract
documents.
The OWNER agrees t❑ 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 Boyd
Secretary
APPROVED AS TO CONTENT:
s Carroll McDonald
ATTEST:
s Barbara Hickman
Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
IsZ B. C. McMinn
Mayor
APPROVED AS TO FORM:
Is/ Don Vandiver
/s/ Tusha Buildings
CONTRACTOR
By: Is/ Jim Hickman
TITLE: President
COMPLETE ADDRESS: Tusha Buildings
P.O. Box 6457
Lubbock, Texas 79413
Motion was made by Councilwoman Baker, seconded by
Mayor Pro Tem Patterson to authorize Resolution
#3862. Motion carried: 5 Yeas; 0 Nays.
April 9, 1992
Page 299
92-51A-299-215
(29.) Consider Resolution #3863 setting the salary for the_
Municipal Court Judge.
RESOLUTION #3863
WHEREAS, the City Council of the City of Lubbock deems it to be in
the best interest of the citizens of the City of Lubbock to establish a
salary for the upcoming term of office of the judge of Division One of
the Lubbock Municipal Court; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the annual salary for the judge of the Municipal Court of
Record for the 1992-1994 term of office shall be as follows:
JUDGE, DIVISION ONE: $61,900.00, ANNUAL SALARY.
Passed by the City Council this 9th day of April, 1992.
Is1 B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Rane�tte Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
obe�rt Massengale
Robert Massengale,
Assistant City Manager
APPROVED AS TO FORM:
s Donald G. Vandiver
Donald G. Vandiver,
First Assistant City Attorney
The City Council sets the salary for the position of
Municipal Court Presiding Judge prior to each
election.
The current salary for the presiding judge position
is $55,016 per year.
April 9, 1992
Page 300
Motion was made by Councilwoman Baker, seconded by
Councilman Aderton to authorize Resolution #3863
setting the salary for the Presiding Judge of
Municipal Court at $61,900.00, commencing with the
first pay period after the May 2, 1992 Election, and
continuing throughout that two-year term of office.
Motion carried: 5 Yeas; 0 Nays.
There being no further business to come before the City Council, motion
was made by Mayor Pro Tem Patterson, seconded by Councilman Maloy to
adjourn the meeting at 11:35 a.m. Motion carried: 5 Yeas; 0 Nays.
Isl B.C. McMinn
B. C. McMinn, Mayor
ATTEST:
Isl Ranette Boyd
Ranette Boyd, City Secretary
Read and approved this the 23rd day of April, 1992.
Isl B.C. McMinn
B. C. McMinn, Mayor
ATTEST:
Isl ]lanette Boyd
Ranette Boyd, City Secretary