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HomeMy WebLinkAboutMinutes - City Council - Regular - 5/28/1992CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING MAY 28, 1992 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 28th day of May, 1992 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 10:00 A.M. Present: Mayor David Langston, Mayor Pro Tem T. J. Patterson, Councilman Bill Maloy, Councilwoman Joan Baker, Councilwoman Maggie Trejo, Councilman M. J. Aderton, Councilman Randy Neugebauer, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr., and City Secretary Ranette Boyd. Mayor Langston called the meeting to order at 10:00 A.M. 1.) The Invocation was given by Dan Hawkins, Director of Water Utilities. 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. 3.) Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Aderton to approve the Minutes of the May 14, 1992 Regular City Council meeting as written. Motion carried: 7 Yeas; 0 Hays. ( 4.) Board Appointments 92-51A-4133-281 ( 9.) Consider Resolution #3895 authorizing the Mayor to approve the assignment of a Lease for Airport property from the current lessee, Wes -Tex Aircraft., Inc., to Aviation Properties, at Lubbock International Airport. RESOLUTION #3895 WHEREAS, the City of Lubbock, Texas, entered into a Fixed Base Operator Agreement in April 1976 with Wes -Tex Aircraft, Inc. (hereinafter called "Lessee"); and WHEREAS, Lessee exercised an option to extend the term of the Agreement for 10 years in 1986; and WHEREAS, Lessee now desires to execute an Asset Purchase Agreement which generally assigns all of the company's rights and obligations under the Fixed Base Operator Agreement to Aviation Properties, a partnership, except for fuel storage tanks and that portion of the leased premises occupied by such storage tanks; and WHEREAS, Lessee has requested the City to approve of the assignment in accordance with a provision in the Fixed Base Operator Agreement requiring prior written consent to an assignment of any interest in the Lease; and WHEREAS, the City Council has determined that consenting to the assignment would be in the best interest of the citizens of the City provided the assignor removes the fuel storage tanks from the leased premises and cleans up any spills and leakage from such structures in compliance with all federal, state and local laws, ordinances, rules and regulations; NOW THEREFORE: May 28, 1992 Page 434 BE IT RESOLVED 8Y THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council hereby consents to the assignment of the Fixed Base Operator Agreement hereinabove referred to in accordance with the provisions contained in the Asset Purchase Agreement, attached hereto and made a part of this Resolution, under the following conditions: (1) Prior to the closing date expressed in the Asset Purchase Agreement, Lessee agrees in writing to remove, within ninety (90) days of such closing date and at no expense to the City, all of the fuel storage tanks from the leased premises in compliance with all federal, state and local laws, ordinances, rules and regulations; and (2) Prior t❑ the closing date expressed in the Asset Purchase Agreement, Lessee agrees in writing to clean up, within ninety (90) days of such closing date and at no expense to the City, all spills and leakage from the fuel storage tanks (unless clean up is delayed for a longer period by the Texas Water Commission) in compliance with all federal, state and local laws, ordinances, rules and regulations; and (3) On or before the closing date expressed in the Asset Purchase Agreement, Lessee deposits the sum ❑f FIVE THOUSAND AND N0/100 DOLLARS ($5,000.00) in escrow to ensure the removal, within ninety (9D) days ❑f such date, of all fuel storage tanks ❑n the leased premises in compliance with all federal, state and local laws, ordinances, rules and regulations; and (4) Prior to the closing date expressed in the Asset Purchase Agreement, Lessee agrees in writing to continue paying rent on the 5,440 square feet of leased pemises which the fuel storage tanks occupy (at the same rate for ground rentals charged the assignee) until such time as the storage tanks are removed and all spills and leakage from such structures are cleaned up in compliance with all federal, state and local laws, ordinances, rules and regulations; and (5) Prior to the closing date expressed in the Asset Purchase Agreement, Lessee agrees in writing to remit t❑ the City the sum placed in escrow in the event that all ❑f the storage tanks on the leased premises have not been removed in accordance with this Resolution within ninety (90) days ❑f the closing date. If all such storage tanks have been removed from the leased premises within ninety (90) days of the closing date, said sum placed in escrow shall be refunded t❑ Lessee; and May 28, 1992 Page 435 (6) Prior to the closing date expressed in the Asset Purchase Agreement, Lessee agrees in writing to fully indemnify and hold harmless the City, its officers, agents and employees from any and all claims, damages, suits and causes of action whatsoever resulting from Lessee's use of that portion of the leased premises containing the fuel storage tanks and from any spills and leakage from such storage tanks. Passed by the City Council on this 28th day of May, 1992. /s/ David _R.__Langston DAVID R. LANGSTON, MAYOR ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Bern Case Bern Case, Director of Aviation APPROVED AS TO FORM: s Harold Willard Harold Willard, Assistant City Attorney A copy of the Exhibit is filed with Resolution No. 3895. According to Staff memo, Wes -Tex Aircraft is being acquired by Aviation Properties. Aviation Properties, a partnership of the management and owners of Lubbock Aero and a current tenant of the Airport, is requesting assignment of Wes -Tex Lease. This Resolution contains conditions for Wes -Tex Aircraft to arrange for immediate removal of fuel tanks from the leased property to be transferred. Also provided for is an escrow account in the amount of $5,000 to ensure compliance with the conditions of this resolution to be put up by Wes -Tex. This consolidation of services provided at the Airport is anticipated to have a positive impact on the remaining Fixed Base Operators located at the Lubbock International Airport. The closing date for the asset purchase agreement is set for June 1, 1992. The Airport Board recommended approval. Staff recommended approval of this Resolution. Motion was made by Mayor Pr❑ Tem Patterson, seconded by Councilman Aderton to authorize Resolution #3895 as recommended by the Airport Board and City Staff. Motion carried: 7 Yeas; 0 Nays. May 28, 1992 Page 436 92-51A-436-282 (11.) RESOLUTION #3896 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 amendment to a Transportation Contract (being numbered Contract 512-XXF-6010) to be entered into by and between the City of Lubbock and the Texas Department of Transportation, attached herewith, which shall he spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and he a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 28th day of May, 1992. /s/ David R. Langston David R. Langston ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: IsZ Larry-V. Hoffman Larry V. Hoffman Director of Transportation APPROVED AS T+? FORM: lsl J. Worth Fullingim J. Worth Fullingim Assistant City Attorney May 28, 1992 Page 437 RECIPIENT: CITY OF LUBBOCK STATE PROJECT NO.: TX92-90-0105 STATE CONTRACT NO.: 512XXF6010 AMENDMENT TO CONTRACT NO. 1 STATE OF TEXAS § COUNTY OF TRAVIS § THIS AMENDMENT TO CONTRACT made by and between the State of Texas acting by and through the Texas Department of Transportation hereinafter called the "State", and the City of Lubbock hereinafter called the "Contractor". WITNESSETH WHEREAS, on September 19, 1991, a contract was entered into by and between the above -mentioned parties, which contract provided for the expenditure of funds pursuant to the provisions of Section 9 of the Urban Mass Transportation Act of 1964, as amended, for a public transportation project; and WHEREIN, the State agreed to provide financial assistance to the Contractor in the amount of $258,555. NOW, THEREFORE, in consideration of the metal covenants herein set forth, the parties hereto agree to amend the abovementioned contract as follows: I. Article 3, page 2, sentence 1 is revised to read: "The maximum amount payable under this Contract without modification is $268,855. II'. All of the other terms, conditions and provisions of the original contract shall remain in full force and effect. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed. STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the order, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission under the authority of Minutes Order 100591. APPROVED: By:/s/ Name Not Legible Director, of Public Transportation Date: Juine 24, 1992 RECOMMENDED FOR EXECUTION: s Name Not Legible District Engineer, District 5 CITY OF LUBBOCK By:/s/ David R. Langston David R. Langston Title: Mayor Date: May 28, 1992 ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary City of Lubbock Date: May 28, 1992 APPROVED AS TO CONTENT: jsZ Larry V. Hoffman Larry V. Hoffman Director of Transportation APPROVED AS TO FORM: /s/ J. Worth Fullingim J. worth Fullingim Assistant City Attorney May 28, 1992 Page 438 According to Staff memo, the Texas Department of Transportation provides operating and capital assistance grants to cities for transit systems. Previously, the City of Lubbock had received approval for $258,555 in operating assistance to be used this year or next year. The State is granting the City another $10,300 and this funding must be spent in compliance with requirements of the Americans with Disabilities Act (ADA). Citibus will use $2,300 for additional operating assistance and $8,000 toward the purchase of a van as set out in the Citibus ADA plan approved by the City Council last January. The Contract budget shows operating assistance of the Federal Transit Administration (FTA) share $1,200,000 (a maximum amount); State share $260,855 ($258,555 + $2,300); and local share $939,145. Local share is made up of City funds ($577,263), Texas Tech University Funds ($360,000) and other matching revenue from private sources. The Contract budget shows capital assistance for two vans in the amount of $130,000. The FTA grant is in the process of being approved and the federal share should be 80% or 90%, depending on their interpretation of the ADA regulations. If the FTA grant is at 80%, only one van will be purchased instead of two. The State share will be a maximum of $8,000 with the City share being the remaining or approximately $5,000. Staff recommended that the City Council authorize the aforementioned amendment to Contract No. 512XXF6010. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Aderton to authorize Resolution #3896 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. May 28, 1992 Page 439 92-51A-439-283 (10.) RESOLUTION #3897 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Lease Agreement by and between the City of Lubbock and the Texas National Guard Armory Board, 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 28th day of May, 1992. �s1 David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s,1 Seri Case Bern Case, Director of Aviation APPROVED AS TO FORM: /s,1 Harald Willard Harold Willard, Assistant City Attorney, May 28, 1992 Page 440 THE STATE OF TEXAS § COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS: LEASE AGREEMENT THIS LEASE AGREEMENT is hereby made and entered into on this the 28th day of May, 1992, by and between the CITY OF LUBBOCK, TEXAS, a home rule municipal corporation, hereinafter called "LESSOR," and the TEXAS NATIONAL GUARD ARMORY BOARD, a body politic and corporate, existing under the laws of the State of Texas, hereinafter called "LESSEE." WITNESSETH WHEREAS, LESSOR owns and operates the Lubbock International Airport and the adjoining grounds and facilities compatible with such operation; and WHEREAS, LESSOR finds it to be in the public interest and to the best benefit of the citizens of the City of Lubbock to continue to develop the Lubbock International Airport, hereinafter called "Airport, as a major air transportation hub; and WHEREAS, LESSOR also finds that economic development is a vital part of the ongoing operations of the Airport; and WHEREAS, LESSOR is authorized by V.T.C.A., Local Government Code §380.001 and Vernon's Ann.Civ.St. art. 46d-2 to undertake programs for economic, development; and WHEREAS, LESSEE desires to lease from LESSOR approximately 25.038 acres ❑f' property at the Airport on which to construct a 123,602 square foot joint use military reserve center, more or less, suitable for use by the Texas National Guard and similar organizations and which shall be known as the United States Armed Forces Reserve Center in Lubbock, Texas; and WHEREAS, the construction and the operation of the joint use military reserve center on Airport premises is expected to strengthen and enhance the local economy by infusing large amounts of capital into Lubbock and neighboring communities; and WHEREAS, the LESSOR is authorized under Article 380.001 to contract with LESSEE for the implementation and administration of the LESSOR'S economic development programs; and WHEREAS, LESSEE has represented to the LESSOR that LESSEE has the ability to construct the joint use military reserve center hereinabove described on the leased premises within a reasonable time after the execution of this agreement; and WHEREAS, the LESSOR finds that it is in the best interest of the citizens of the City of Lubbock to lease the property hereinafter described to LESSEE for the purpose of constructing and operating the aforementioned facility; and WHEREAS, LESSOR further finds that allowing LESSEE to construct and operate a joint use military reserve center on Airport premises under the terms and conditions hereinafter described will be beneficial to the operation and economic development of the Airport; NOW THEREFORE: LESSOR AND LESSEE DO HEREBY AGREE AS FOLLOWS: May 28, 1992 Page 441 CONSIDERATION In consideration of the sum of ONE AND NO/100 DOLLARS ($1.00) and the further consideration of LESSEE'S promise t❑ construct, at LESSEE'S sole expense, a 123,602 square foot joint use military reserve center at the Airport in accordance with the documents dated December 10, 1991, and attached hereto as Exhibit "A" and made a part hereof for all pur- poses, the LESSOR hereby demises and leases unto the LESSEE, upon the terms and conditions hereinafter set forth, and the LESSEE hereby takes from LESSOR the demised premises described in Exhibits "B" and "Cu attached hereto and made a part hereof for all purposes. TERM The initial term of this lease shall be for a period of forty (40) years, which term shall commence on the day of execution of this lease between the LESSOR and the LESSEE. Upon expiration of the initial term, at the option of LESSEE, this lease may be renewed or extended for up to two (2) additional periods of twenty (20) years under the same consideration and conditions contained herein for the initial term of this agreement. CONSTRUCTION OF RESERVE CE TER LESSEE hereby acknowledges, agrees, represents and covenants that it will undertake the construction of the joint use military reserve center described in Exhibit "A" on the leased premises as soon after the execution of this agreement as practical. LESSEE further represents that it will, as a condition of this Lease, prosecute the construction of the aforementioned facility with due diligence, but in no event will construction not be completed within five (5) years from the date of execution ❑f this agreement. LESSEE agrees to assume responsibility for procuring all architects, engineers, contractors and subcontractors necessary to construct the facility contemplated by this agreement. LESSEE understands and agrees that the facility to be constructed by LESSEE in consideration for this agreement shall be built in accordance with the documents provided to LESSOR dated December 10, 1991, and which are attached heret❑ as Exhibit "A." LESSEE further agrees to submit specifications to LESSOR'S director ❑f Aviation for approval prior to construction, which approval shall not be unreasonably withheld. MAINTENANCE OF LEASED PREMISES LESSEE agrees that it shall be solely responsible at all times for maintenance of the demised premises and the facility whose construction is contemplated by this lease. LESSOR assumes no responsibility for the condition of the leased premises and reserve center ❑r for maintenance, upkeep or repairs necessary to keep the premises and facility in a safe and presentable condition, free of trash, debris and weeds. Upon written notice from the LESSOR'S director of Aviation, the LESSEE shall be required to perform such maintenance on the leased premises and reserve center as such individual reasonably deems necessary. Failure by LESSEE to comply within ten (10) days following receipt of such written notice from the director of Aviation shall give the LESSOR the right to enter upon the leased premises and reserve center and perform the necessary maintenance, the cost of which shall be borne by the LESSEE. LESSEE shall, at its own expense, provide janitorial and custodial services for the leased premises and reserve center. Said services may be provided by LESSEE alone or by LESSEE in conjunction with other tenants who are now or wh❑ may hereafter be Lessees at the Airport. LESSEE shall also, at its sole expense, provide for the complete and adequate sanitary handling and disposal, away from the Airport, of May 28, 1992 Page 442 all trash, garbage and other refuse which results from LESSEE'S use of the leased premises or reserve center. LESSOR will maintain (but may relocate) roads on the Airport which provide access to the leased premises and reserve center in a suitable condition for use by motor vehicles. MAINTENANCE OF AIRPORT LESSOR covenants and agrees that it will during the initial term of this agreement, and any subsequent extension, operate and maintain the Airport as a public facility consistent with and pursuant to the Assurances given by the LESSOR to the United States Government under federal "law. PROPERTY PERMANENTLY AFFIXED TO PREMISES The reserve center and any other property belonging to LESSEE which becomes permanently attached to the leased premises shall become the property of the LESSOR upon termination or cancellation of this agreement. SUBLEASES AND ASSIGNMENTS LESSEE will not directly or indirectly assign, sublet, sell, hypothecate or otherwise transfer this lease or any portion of the leased premises or reserve center to any individual or organization (other than units representing branches of the United States Armed Forces or the Adjutant General's Department of the State of Texas) without the prior written consent of LESSOR'S Director of Aviation. ADVERTISING LESSEE will erect no signs and will distribute no advertising on the leased premises or on other Airport property without the prior written consent of the LESSOR'S Director of Aviation. UTILITIES LESSEE shall assume and be responsible for the payment of all costs or charges for metered utility services provided to Lessee during, the initial term hereof, and any subsequent extension. LESSEE shall have the right to connect to any storm and sanitary sewers and water utility outlets, and the cost of usage, extension, installation and meters, where required, shall be at no cost to the LESSOR. INDEMNIFICATION LESSEE agrees that it will indemnify and save the LESSOR harmless from all claims and demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools and supplies, including commissary, arising as a result of the construction of the reserve center. Upon request from the LESSOR, LESSEE shall furnish satisfactory evidence that all of the obligations of the nature hereinabove described have been paid, discharged or waived. LESSEE shall indemnify fully and save harmless the LESSOR, its officers, agents and employees from any and all claims and actions, and any and all expenses incidental to the investigation and defense thereof, based upon or arising out of damages or injuries to third persons or their property, and caused by the fault or negligence of LESSEE, its contractors, officers, agents, employees, or invitees in the construction, use or occupancy of the leased premises or reserve center. May 28, 1992 Page 443 INSURANCE LESSEE agrees to procure prior to construction of the reserve center and keep in effect at all times during the initial term of this lease, and during any subsequent extensions, the forms of insurance set forth below. All policies and certificates shall contain a provision requiring the insurers to give the LESSOR written notice of cancellation or of any material change in said policies or certificates at least ten (10) days in advance of the effective date of such cancellation or material change. Each policy shall also contain a provision waiving the right of such insurers to subrogation. LESSEE shall maintain all insurance required hereunder with insurance underwriters authorized to do business in the State of Texas and satisfactory to the LESSOR. All policies shall name the City of Lubbock, its officers, servants, agents and employees as additional insureds. Before construction of the reserve center is commenced, LESSEE shall provide LESSOR with certificates of insurance which indicate that all insurance and provisions required hereunder are in full force aril effect. (A) Fire Insurance - LESSEE shall insure the reserve center for fire and extended coverage risks. Such insurance shall be -in an amount equal to eighty percent (80%) the full insurable. replacement value of such facility. All fire insurance policies shall contain loss payable endorsements in favor of the parties as their respective interests may appear hereunder. LESSOR and LESSEE agree that any payments received from such insurers as a result of loss under such policies shall be applied toward repair and reconstruction of said facility. (B) Public Liability and Property Damage -Insurance - Prior to undertaking construction of the reserve center, LESSEE shall obtain comprehensive general liability insurance for the protection of the LESSOR, its officers, agents and employees. The amount of insurance shall not be less than TWO HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($250,000.00) for personal injury or death of any one person in any one event, or less than FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($500,000.00) for personal injury or death of two or more persons in any one event, or less than ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00) for property damage arising out of any one accident or event. Insurance coverages required of LESSEE shall be subject to adjustment from time to time to comply with any changes in minimum requirements determined by LESSOR to be necessary. SPONSOR'S ASSURANCE SUBORDINATION This lease shall be subordinate to the provisions of any existing or future agreement between the City and the United States concerning the operation or maintenance of the Airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal funds for the development of the Airport. Should the effect of such agreement with the United States be to take any of the property under this lease or otherwise diminish the commercial value of this lease, the LESSOR shall not be held liable therefor. RIFT OF INSPECTION The LESSOR reserves the right to conduct inspections of the leased premises and reserve center at all reasonable times to ensure that fire, safety and sanitation regulations and other provisions contained in this lease are being adhered to by the LESSEE. May 28, 1992 Page 444 TAXES AND LICENSES LESSEE shall pay all taxes of whatever character that may be lawfully levied or charged upon the leased premises and reserve center ❑r LESSEE'S use ❑f the same. LESSEE shall obtain and pay for all licenses and permits necessary or required by law for the construction or reconstruction of the reserve center, the installation of equipment and furnishings therein, and any ❑ther licenses and permits necessary to operate or use the leased premises or facility. LAWS ORDINANCES RULES AND REGULATIONS In its use of the leased premises and reserve center, LESSEE shall comply with all applicable laws of the United States of America and the State of Texas, the rules and regulations promulgated by their authority pertaining to aviation and air navigation, and all reasonable and applicable rules, regulations and ordinances of the LESSOR now in force or hereafter prescribed or promulgated by authority or by law. SECURED AREAS LESSEE agrees t❑ prevent unauthorized persons from entering any secured areas at the Airport through any means of ingress which LESSEE controls as a result ❑f execution of this lease, and LESSEE agrees that in the event that a civil penalty ❑r fine is levied against the Airport or LESSOR as a result of LESSEE'S failure to comply with this paragraph, or any other applicable federal, state or local statutes, ordinances, rules and regulations affecting the use, occupancy ❑r ❑peration of any such secured area, LESSEE shall immediately reimburse the LESSOR the full amount of the penalty or fine and correct the act or omission leading to, causing or contributing t❑ the violation. OWNERSHIP Nothing in this lease shall be construed ❑r interpreted in any manner whatsoever as limiting, relinquishing or waiving any rights or ownership enjoyed by the LESSOR in the Airport property, ❑r in any manner waiving or limiting the LESSOR'S control over the operation, maintenance, improvement or alteration of Airport property, or in derogation of such governmental rights as the LESSOR possesses, except as specifically provided for herein. LIENS PROHIBITED The LH'":E shall not bind or attempt to bind the LESSOR for the payment of any money in connection with construction, reconstruction, repairs, alterations or additions on the leased premises, and LESSEE shall not permit any mechanic's, materialman's or contractor's liens to arise against the premises or improvements thereon, or any equipment, machinery and fixtures thereon belonging to the LESSOR, and LESSEE expressly agrees that it will keep and save the premises and the LESSOR harmless from all costs and damages resulting from any liens of any character created or that may be asserted through any act or thing done by the LESSEE. In the event any mechanic's lien or other lien or order for payment shall be filed against the leased premises or improvements thereon, or against property of the LESSOR located thereon during the initial term hereof, or during any subsequent extension, LESSEE shall within ten (10) days cause the same to be cancelled and discharged ❑f record by bond or otherwise, at the election and expense of LESSEE, and shall also defend on behalf of the LESSOR, at LESSEE'S sole cost and expense, any action, suit or proceeding which may be brought thereon or for the enforcement of such lien or order. Failure of the LESSEE to comply with any requirement of this section shall be cause for immediate termination of this agreement by the LESSOR. May 28, 1992 Page 445 NON-DISCRIMINATION PRACTICES LESSEE, its officers, agents and employees will not discriminate against any person ❑r class of persons by reason of age, sex, race, religion ❑r national origin in providing any services or in the use of any of its facilities provided for the public. LESSEE further agrees to comply with such enforcement procedures as the United States Government might demand that the LESSOR take in order to comply with the Sponsor's Assurances. LESSEE further agrees not to discriminate against any employee ❑r applicant for employment because ❑f age, sex, race, religion or national origin. LESSEE agrees to take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard t❑ their age, sex, race, religion or national origin. Such action shall include, but not be limited to employment, upgrading, demotion, transfer, recruitment, layoff, rates ❑f pay ❑r other forms of compensation, and selection for training, including apprenticeship. CANCELLATION This lease shall be subject t❑ cancellation by either party heret❑ upon the default of the other party in the performance ❑f any covenant or condition herein required to be performed by such other party and the failure of such ❑ther party to remedy the default for a period of thirty (30) days after receipt of written notice t❑ remedy the same. The failure by either party hereto to declare this lease cancelled upon the default of the ❑ther party shall not be construed as a waiver of any of the non -defaulting party's rights hereunder ❑r otherwise bar or preclude such non -defaulting party from declaring this lease cancelled as a result ❑f any subsequent violation of any of the covenants or conditions contained in this lease. ADDITIONAL RIGHTS RESERVED In addition t❑ any other rights herein retained, the Lessor specifically reserves the following rights and privileges: (A) The right t❑ further develop or improve the landing area and other portions of the Airport as the LESSOR deems necessary, (B') The right t❑ take any action the LESSOR considers necessary to protect the aerial approaches of the Airport against obstruction, together with the right to prevent LESSEE from constructing or permitting the construction of any building or other structure on the Airport which, in the ❑pinion of the LESSOR, would limit the usefulness of the Airport or constitute a hazard to aircraft. (C) The right during time of war or national emergency t❑ lease the Airport or any part thereof to the United States Government for military use. In the event any such lease is executed, the rights and privileges granted LESSEE in this instrument, insofar as they are inconsistent with the rights and privileges granted t❑ the United States Government, shall be suspended. SUCCESSORS AND ASSIGNS This lease shall bind and inure to the benefit of any successors and assigns of the parties hereto. May 28, 1992 Page 446 NOTICES Notices to the LESSOR required or appropriate under this agreement shall be deemed sufficient if in writing and mailed, registered or certified mail, postage prepaid, addressed to the Director of Aviation, Lubbock International Airport, Route 3, Box 389, Lubbock, Texas 79401. Notices to the LESSEE shall be deemed sufficient if in writing and mailed, registered or certified mail, postage prepaid, addressed to the LESSEE at the address for LESSEE on file with LESSOR'S Director of Aviation. ENTIRE AGREEMENT This lease constitutes the entire agreement between the parties hereto. CITY OF LUBBOCK, TEXAS TEXAS NATIONAL GUARD ARMORY BOARD BY: s avid R. -Langston DAVID R. LANGSTON Mayor ATTEST: s Ranet a Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is-1-Bern Case Bern Case, Director of Aviation APPROVED AS TO FORM: IsZ Harold Willard Harold Willard, Assistant City Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK § BY:/s/ William E. Beaty WILLIAM E. BEATY Executive Director ATTEST: Ise John C . Hille John C. Hille, Deputy Director BEFORE ME, a Notary Public, on this day personally appeared WILLIAM E. BEATY known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and as the act and deed of the Texas National Guard Armory Board. /s/ Sandra A. Hille Notary Public in and for the State of Texas May 28, 1992 Page 447 THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, a Notary Public, on this day personally appeared DAVID R. LANGSTON, Mayor ❑f the City ❑f Lubbock, Texas, known t❑ me to be the person whose name is subscribed t❑ the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity herein stated, and as the act and deed ❑f said City. /s/ Oliva R. Solis Notary Public in and for the State of Texas This Agreement is to lease 25.038 acres at the northeast corner of I-27 and F.M. 2641 (Regis) t❑ the Texas National Guard Armory Board for the construction of a United States Armed Forces Reserve Center. The main building will be approximately 109,000 square feet and an organizational maintenance shop, approximately 14,000 square feet. Total estimated costs for the complex are $8.6 million, to be funded by the National Guard, the United States Army Reserve, the United States Marine Corps, and the United States Navy. The Texas National Guard Armory Board is the contracting agency for this project. Terms of the Agreement are to be $1 for 40 years with two additional 20-year options for extension with the provision that the lessee will construct the facility within five years. The property will be maintained by the lessee who will also be responsible for controlling of access into the Air Operations Area. Upon termination of the lease, the facilities would become property ❑f the City. (Subleases are allowed to the branches of the United States Armed Forces and to the Adjutant General's Department of the State of Texas.) Military operations that will be located at this facility will house 30 full-time positions and in addition, 1,100 part-time positions. New jobs may be created in the Lubbock market due to the anticipated consolidation of area National Guard Armories into this facility. This relocation is necessitated by the East/West Freeway construction. The Airport Board and City Staff recommended approval of this Resolution. Motion was made by Councilman Neugebauer, seconded by Mayor Pro Tem Patterson to authorize Resolution #3897 and stipulating addition of specific wording t❑ establish that if construction does not begin in 5 years, that Lease is null and void. Motion carried: 7 Yeas; 0 Nays. May 28, 1992 Page 448 92-51A-448-284 ( 5.) Block 2 West End Place Addition. ORDINANCE #9522 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2627-B; AMEND THE CONDITIONS OF ORDINANCE NO. 9264 TO ALLOW A MOTORCYCLE DEALERSHIP ON A C-4 ZONED TRACT ON THE WEST 54 FEET OF LOT 2 AND ALL OF LOTS 5 AND 6, BLOCK 2, WEST END PLACE ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAYINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 10:37 a.m. George McMahon appeared to request this zone change and agreed not to test motorcycles in alleys. Others speaking in favor of the request were: Jay Mathis and Larry Elliott. No one appeared in opposition. Mayor McMinn closed the hearing at 10:48 a.m. David Jones, Director of Planning, stated that during the previous ten years, zone cases west from Iola on 19th have generated a common strike list from most of the C-4 zone case requests. Prior to these requests, the Codes Administration Department had experienced enforcement problems with a "chop shop" or motorcycle repair business in the vicinity and not a new cycle dealership. From that experience, the "motorcycle" line in C-4 zone change requests became a prohibited use with no objections, from the proponents of the cases. Mr. Jones gave the adjacent land use relationships as follows: North - vacant zoned C-4 South - residential East - commercial West - commercial According to Staff memo, the request is in compliance with the Comprehensive Land Use Plan which suggests that C-4 zoning be located on state or regional highways, (19th Street has a state designation). As noted, the zoning is C-4 and this is a request to add a use excluded in the previous zone case. The single discussion item related to zoning policy has been the possibility of increased noise for the residential area south of the alley. The existing ordinance permits all heavy automobile uses in the building (body, brake, glass, muffler, and transmission shops) used car sales, and repair garages for automobiles, and there should be no detrimental effect on the street system. May 28, 1992 Page 449 92-51A-449-285 ( 5.) According to Mr. Jones, the Staff supported the request subject to a condition prohibiting the use of the alley by patrons or employees riding two or four wheel bikes. The owners of three lots behind the business who have built new homes expressed a concern about noise, and submitted a petition of names in the general vicinity. Of the persons within the 200' notice area, three names appear on the petition who have withdrawn their opposition by letter opposition to the request is not 20%. The Planning and Zoning Commission recommended approval of this request subject to the following condition: 1. The alley south of 19th Street between Juneau and Kewanee will not be used by any customer or employee to operate any motorized vehicles being sold, repaired or serviced at this dealership. In light of the condition imposed by P&Z and their recommendation of approval, Staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilman Maloy, seconded by Councilwoman Baker to pass on first reading Ordinance #9522 with condition recommended by P&2 and City Staff. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #9523 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1758-E; A ZONING CHANGE FROM C-2 TO C-3 ZONING ON THE SOUTH 122 FEET OF LOT 115„ BUSTER LONG ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 10:50 a.m. Gene Faulkner appeared to request this zone change. No one appeared in opposition. Mr. Jones stated the request for the option to convert a building that once housed a car wash to a quick change oil facility. The existing convenience store is a non -conforming use in a C-2 zone and was built when the convenience store and car wash was a permitted use in C-2. The zone change would allow the new business and bring the whole corner into compliance. May 28, 1992 Page 450 Mr. Jones gave the adjacent land use relationships as follows: North - commercial South - commercial East - commercial West - commercial According to Staff memo, this request is consistent with Comprehensive Land Use Plan policy and zoning policy and there should be no additional effect on traffic. There was no public comment at the Planning commission meeting. The Planning Commission reviewed a site plan for the facility which meets development standards in the C-3 District. Staff supported the recommendation of the Planning and Zoning Commission for approval of this request. Mayor Langston closed the hearing at 10:53 a.m. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Maloy to pass on first reading Ordinance #9523 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 92-51A-450-286 7.) ORDINANCE #9524--Zane Case #2685 (South of 84th Street between Avenue V and Avenue U)--Hold a Public ORDINANCE 09524 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2686; A ZONING CHANGE FROM A-2 TO R-I ZONING ON A TRACT OUT OF THE NORTHWEST QUARTER OF SECTION 9, BLOCK E, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 10:54 a.m. No one appeared either for or against this request. Mr. Janes stated that this request is a revision to single family residential from property zoned for Church Use. Mr. Janes gave the adjacent land use relationships as follows: North - church South - single family zoned East - single family zoned West - single family zoned According to Staff memo, the request is compatible with the Comprehensive Land Use Plan and zoning policy. There was no public comment at the Planning and Zoning Commission meeting and there will be no effect on traffic other than normal increases. May 28, 1992 Page 451 92-51A-451-287 ( 8.) The Planning and Zoning Commission recommended approval of this request. For a down -zone that returns to the original zoning, Staff supported the Planning Commission recommendation. Mayor Langston closed the hearing at 10:55 a.m. Motion was made by Councilman Maloy, seconded by Councilwoman Trejo to pass on first reading Ordinance #9524 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #9525 A14 ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2668-A; A ZONING CHANGE FROM C-4 SUBJECT TO CONDITIONS TO C-4 ZONING, LIMITED TO AUTO BODY REPAIR, BRAKES, MUFFLERS, SEAT COVER AND UPHOLSTERY, TRUCK AND EQUIPMENT RENTAL, AUTO TUNE-UP AND REPAIR AND C-3 USES ON A PORTION OF LOTS 35 AND 37, ALEXANDER LAND, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 10:56 a.m. Steve Hurt appeared to request this zone change. No one appeared in opposition. Mr. Jones stated that the proponent indicated during his presentation that competition in the oil quick change and tune industry has forced the businesses to seek other avenues ❑f income production. The property was zoned C-4 last year to provide for auto glass repair. Mr. Jones gave the adjacent land use relationships as follows: North - commercial South - commercial East - commercial West - commercial May 28, 1992 Page 452 19th Street is a regional highway which meets one test of consideration for C-4 under guidelines of the Comprehensive Land Use Plan. In terms of zoning policy, Staff expressed two concerns for discussion by the Commission: a. The truck rental allowed in C-4 often creates a very crowded, unsightly storage of trucks and trailers adjacent to the street when a large stock is on hand. The staff proposed a condition providing display of one rental truck or trailer an Quaker and one on 19th Street; with the remainder parked behind the front building lines. This property has a large rear parking lot. b. Several adjacent property owners expressed concerns about full body repair services. A condition limiting the service to "minor dent repair" would solve those concerns. The proponent agreed with the proposed list of conditions. The request should have little effect on traffic. The Planning and Zoning Commission recommended approval of this request subject to the following conditions: 1. That it be limited to the following auto related services and all unconditionally permitted C-3 uses: A. Auto body dent repair, no major frame or body repairs or paint booth; B. Brake service; C. Muffler service; D. Seat cover/upholstery service; E. Glass repair; F. Auto tune up and minor engine repairs; and G. Truck/trailer rental 2. Rental truck/trailer display shall be limited to one unit on 19th Street and one unit on Quaker Avenue. All other rental units shall be parked behind the front building line along each adjacent street. In light of the conditions recommended by P&Z, Staff supported the recommendation of the Planning and Zoning Commission. Mayor Langston closed the hearing at 11:00 a.m. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Maloy to pass an first reading Ordinance 49525 with conditions recommended by P&Z and City Staff. Motion carried: 7 Yeas; 0 Nays. May 28, 1992 Page 453 92-51A-453-288 (12.) P1 aza . RESOLUTION #3898 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, with MWM Architects, Inc., to provide architectural and engineering services for the construction of the Citibus Downtown Transfer Plaza, 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 28th day of May, 1992. jsj David R. Langston David R. Langston, Mayor ATTEST: Zsl Rane�tte Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Zsl Lar-y V. Hoffman Larry V. Hoffman Director of Transportation APPROVED AS TO FORM: Isl J. Wlorth Full ingim J. Worth Fullingim Assistant City Attorney A copy of the Contract with MWM Architects, Inc. is filed with Resolution No. 3898. May 28, 1992 Page 454 This Contract provides for architectural and engineering services to be provided by MWM for the construction of the Downtown Transfer Plaza. The contract amount is $112,285, of which $89,828 will be provided by the Federal Transit Administration, and $22,457 will be provided by the City of Lubbock. Oil overcharge funds from the TxDOT in the amount of $370,000 are available for this project, and will be used for the purchase of land, utility relocation and construction. The contract amount consists of $101,500 for basic services and $10,785 for the following additional services: Perimeter, topographic and improvement survey of entire site to include existing utilities to centerline of existing streets - $5,535 Landscape design, planning, and specifications - $1,750 Site sprinkler system design, drawings, and specifications $1,000 Geotechnical engineering services - $2,500 A survey of several Texas cities, Texas Tech University, and LISD revealed that basic services for this type of architectural work average 6-8% of the construction cost. The basic services in the amount of $101,500 for this contract are 7.25% of the construction cost for which MWM will be responsible. Since MWM's fee falls near the middle of the range, the fee is considered reasonable. The City of Lubbock issued a Request for Proposals (RFP) to solicit architectural proposals and received nine proposals in March 1992. After reviewing all of the proposals, checking references, and interviewing three of the architectural firms, a selection committee recommended MWM as the architect to design the Downtown Transfer Plaza. On April 23, 1992, the City Council gave their approval to negotiate a contract with MWM. In order to expedite the design and construction of the Downtown Transfer Plaza, Citibus recommended that the City Council authorize the aforementioned contract with MWM Architects, Inc. Motion was made by Councilman Maloy, seconded by Mayor Pro Tem Patterson to authorize Resolution 43898 as recommended by Staff. Motion carried: Yeas; 0 Nays. May 28, 1992 Page 455 92-51A-455-289 (13.) Department of Human Services. RESOLUTION #3899 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 Summer Food Service Program Application and related documents with the Texas Department of Human Services, 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 28th day of May, 1992. Is1 David R. Langston David R. Langston, Mayor ATTEST: s Rane�tte Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Lee Osborn Lee Osborn Director of Parks & Recreation APPROVED AS TO FORM: s Harold Willard Harold Willard Assistant City Attorney The City of Lubbock has participated in the Summer Food Program for the last two years. A daily average of 820 meals was served to children, ages 1-18 years, at twelve sites throughout Lubbock. The grant completely reimbursed the direct costs (meal service personnel, sack lunches and consumable supplies) and the indirect costs (meal service monitor, office supplies, and some administrative personnel expenses). With the success of the 1990 and 1991 Summer Food Program and a continuing trend toward more basic human services within the City [i.e., the successful Summer Satellite Playground Program and Butler Park Outreach Program [B-POP] and Rodgers Park and Rawlings Park Outreach Program [R- POP] for teenagers), the Summer Food Program fulfills a vital need for Lubbock children during the summer. This year's grant will total $46,288 and the local share is $6,290, which will be supplied by the City of Lubbock from in -kind contributions and services. The number of meals served this year will average 953 meals per day at 12 sites for 54 days through this summer and will provide 51,462 lunches to area children. May 28, 1992 Page 456 92-51A-4,56-290 (14.) The Texas Department of Human Services grant will provide sack lunches for children at the following community centers: Mae Simmons, E. 23rd and Oak; Woods, zenith and Erskine; Rodgers, 3200 Amherst; and Rawlings, 40th and Avenue B. The remaining eight sites are Community Development Block Grant funded Summer Satellite Program sites - Mahon Elementary, 2010 Cornell; Yellowhouse Canyon, E. 61st and Olive; Carter Park, Globe and N. Loop 289; Hollins Park, 1st and Temple; Pioneer Park, 6th and Avenue T; Burns Park, 23rd and Avenue K; Carlisle Park, 28th and Avenue X; and Chatman Park, E. 29th and Juniper. The program will begin June 1 and will continue through August 14. Motion was made by Councilman Aderton, seconded by Councilman Maloy to authorize Resolution #3899 as recommended by Staff. Motion carried: 7 Yeas; 0 Days. Consider Resolution_#3900 authorizing the Mayor to RESOLUTION #3900 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 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 ❑f Lubbock an Amendment No. 2 to Water Supply Agreement by and between Brazos River Authority and City of Lubbock, attached herewith, which shall be spread upon the minutes ❑f 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 28th day of May, 1992. Is/ David R._Langston DAVID R. LANGSTON, MAYOR ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: ZsZ Dan Hawkins Dan Hawkins, Director of Water Utilities APPROVED AS TO FORM: s John C. Ross, Jr. John C. Ross, Jr., City Attorney May 28, 1992 Page 457 AMENDMENT NO. R TO "WATER SUPPLY AGREEMENT BY AND BETWEEN BRAZOS RIVER AUTHORITY AND CITY OF LUBBOCK" Amendment No. 2 dated this 28th day of May, 1992, to Water Supply Agreement by and between Brazos River Authority ("Authority"), a river authority of the State of Texas, and the City of Lubbock, Lubbock County, Texas ("City"), a home rule city organized under the State of Texas. 1. RECITALS. Authority and City are parties to an Agreement dated May 11;, 1989, entitled "Water Supply Agreement by and between Brazos River Authority and City of Lubbock" ("Base Agreement") relating to the construction and operation of Lake Alan Henry on the South Fork of the Doubly: Mountain Fork of the Brazos River in Kent and Garza Counties, Texas. In Base Agreement, Lake Alan Henry is called "Lake" and the term "Project" is defined as meaning Lake, together with certain municipal and intake facilities. Base Agreement requires Authority to construct Project and City to acquire all land and land rights not already owned by it and needed in connection with construction, operation and maintenance of Project and to grant easements over the lands in question which are needed by Authority in connection with Project„ Amendment No. 1 to said Base Agreement provides that the Authority shall obtain the subordination of certain affected outstanding oil, gas and other mineral interests affected by Project, and that said Authority acquire certain existing facilities ("Facilities"), which are used or designed for use in the exploration for production of, transportation of and/or storage of oil, gas and minerals which may be affected by Project. The purpose of this Amendment No. 2 to Base Agreement and to Amendment No. 1 is to provide for Authority, rather than City, to obtain fee title to any mineral estates, if required, subject to approval by City Council, in addition to the duties set out in Amendment No. I herein referenced. Except as amended by Amendment No. 1 and Amendment No. 2, the Base Agreement shall remain in full force and effect. 2. FEE MINERAL ACQUISITION. Authority agrees that it will, if required, obtain fee title mineral of such affected outstanding oil, gas and other mineral interests affected by the Project, subject to approval by Council, in addition to all duties as set out in that Amendment No. 1 to Base Agreement herein referenced. 3. COSTS AS PROJECT COSTS. Costs incurred by Authority in obtaining fee title mineral pursuant to Section 2 above shall be deemed Project Costs. May 28, 1992 Page 458 4. ASSIGNMENT OF RIGHTS UPON CITY'S ASSUMPTION OF OPERATION. Authority agrees that upon City's assumption of operation of Project, pursuant to its rights under provisions of Section 14 of Base Agreement, Authority will, within a resonable time after such assumption, upon written request from City, make written assignments of all rights acquired by it pursuant to this Amendment No. 2 unto City with such assignments to be in form satisfactory to Council for City. BRAZOS RIVER AUTHORITY By Roy A. Roberts, P.E. General Manager ATTEST: By: Assistant Secretary CITY OF LUBBOCK By:jsj David R. Langston David R. Langston, Mayor ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Dan Hawkins Dan Hawkins, Director of Dater Utilities APPROVED AS TO FORM: s John C. Ross, Jr. John C. Ross, Jr., City Attorney The Brazos River Authority was contracted with to construct and operate the Lake Alan Henry Project ❑n behalf of the City. The Council determined that due to their expertise in this area that they were in a better position to acquire the mineral rights on behalf of the City in order to bring this project to a conclusion. Brazos River Authority has on behalf of the City been obtaining the mineral interests pursuant to Amendment No. 1, wherein they were to obtain a subrogation of the mineral owners' interests to the fee title held by the City. The Brazos River Authority felt that they could obtain subrogation agreements, whereby the City's fee ownership would be a predominant ownership and that would be sufficient protection for the City in operating the Reservoir Project. However, as the River Authority has proceeded in this regard, it appears that they may well need to acquire the fee ownership of the mineral interests in certain situations. It was felt by the Authority that an amendment to this effect should be added to their contract which in fact authorizes them to acquire the fee ownership of mineral interests necessary for the project, subject to approval by the City Council. May 28, 1992 Page 459 Amendment No. 2 to the Water Supply Agreement by and between the Brazos River Authority and the City of Lubbock authorizes the Brazos River Authority to acquire the fee ownership of mineral interests in the lands in, under or around the Lake Alan Henry Project as may be necessary for the proper conclusion of such project, subject to the prior approval of the City Council. The City Attorney has reviewed this particular Amendment and feels that it is in the best interest of the City to execute same and recommended execution of this Amendment. Motion was made by Councilwoman Trejo, seconded by Councilman Aderton to authorize Resolution #3900 as recommended by Staff. Motion carried: 1 Yeas; 0 Nays. 92-51A-4159-291 (17.) Consider_two_Resolutions authorizing the Mayor to execute investment cool oarticination avreements. RESOLUTION #3901 WHEREAS, the City of Lubbock (this "Governmental Entity") is a "local government" within the meaning of The Interlocal Cooperation Act, Article 4413(32c), Vernon's Texas Civil Statutes, as amended (the "Interlocal Act"), and as such is authorized to contract with one or more other such local governments for the joint investment of public funds of such local governments in any investments in which each such local government is authorized to invest its funds; and WHEREAS, this Governmental Entity is authorized by the Public Funds Investment Act of 1987, Article 842a-2, Vernon's Texas Civil Statutes, as amended (the "Public Investment Act"), to invest its public funds in any of the obligations or securities described in section 2 or 3 of the Public Investment Act, as amended; and WHEREAS, the joint investment of local public funds is in the best interest: of this Governmental Entity and its inhabitants; and WHEREAS, this Governmental Entity therefore desires to authorize the joint investment of its public funds with other local governments pursuant, to the Interlocal Act and to enter into a contract with such local governments to provide for the terms on which public funds so invested may be combined, invested, secured, and accounted for; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. Authorization of Contract. The terms of the Common Investment Contract attached hereto as Exhibit A, including the investment objectives and purposes described therein, are hereby approved. The [Mayor/County Judge/President of the Board of Trustees] of the Governmental Entity is hereby authorized and instructed t❑ execute and deliver, and the [Secretary/County Clerk/Secretary of the Board ❑f Trustees] of this Governmental Entity is hereby authorized to attest, a Common Investment Contract substantially in the form and to the effect so attached (the "Interlocal Contract"), and there upon the designations, delegations, approvals, and authorizations described thereby shall be authorized, approved, and granted by this Governmental Entity without further act by this Governing Body. May 28, 1992 Page 460 SECTION 2. Authorization of Investments. Upon the execution of the Interlocal Contract by this Governmental Entity, each officer and employee of this Governmental Entity who is designated to be responsible for the investment of public funds of this Governmental Entity pursuant to Article 4413(34c). Vernon's Texas Civil Statutes, as amended (the "Investment Procedures Act"), is authorized to transfer public funds of this Governmental Entity to the Fund to be created by the Interlocal Contract in order to acquire an interest in any Series thereof, provided that, in the case of any Series other than the initial Series created by the Interlocal Contract, (1) the funds of such Series may be invested solely in obligations described in the Public Investment Act or in any other obligations in which this Governmental Entity may lawfully invest its funds and (2) this Governing Body has approved the investment rules and policies governing such investments. All such transfers shall be made in accordance with investment policies and procedures heretofore adopted by this Governmental Entity pursuant to the Investment Procedures Act, as such policies and procedures may be amended from time to time, but to the same extent as if such policies and procedures expressly authorized such transfers as direct investments of public funds of this Governmental Entity. SECTION 3. Notices, Etc. All notices, demands, requests, drafts, consents, approvals, waivers, ballots, and other documents and action which may be given or taken by this Governmental Entity under the Interlocal Contract may be given or taken by any officer of this Governmental Entity who at the time is designated pursuant to the Investment Procedures Act as responsible for the Investment of public funds of this Governmental Entity. SECTION 4. Further Acts. Each officer of this Governmental Entity is hereby authorized to take any and all action necessary to effect the Interlocal Contract and joint investments authorized hereby and to perform any obligation of this Governmental Entity thereunder. SECTION 5. Repealer. All ordinances, orders, or resolutions, or parts thereof, which are in conflict or inconsistent with any provision hereof are hereby repealed and declared to be inapplicable to the extent of such conflict, and the provisions hereof shall be and remain controlling as to the matters ordained, ordered, or resolved herein. Passed by the City Council this 28th day of May, 1992. CITY OF LUBBOCK: /s/„ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Robert Massengale Robert Massengale, Assistant City Manager for Financial Services APPROVED AS TO FORM: s Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney May 28, 1992 Page 461 RESOLUTION #3902 WHEREAS, the City of Lubbock (the "Participant") is a political subdivision of the State of Texas and is empowered to delegate to a public funds investment pool the authority to invest funds, to act as custodian of investments purchased with local investment funds; and WHEREAS, it is in the best interest of the Participant and its inhabitants to invest local funds in investments that yield the highest possible rate of return, while providing necessary safekeeping and protection of the principal; and WHEREAS, the Treasurer of the State of Texas, acting by and through the Texas Treasury Safekeeping Trust Company (the "Trust Company"'), has created "TexPool", a public funds investment pool, to effectuate the goals of providing investments at the highest possible yield and maintaining complete safety of the funds of the Participant; NOW THEREFORE: BE IT RE:SOLVEO BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City of Lubbock shall enter into a Participation Agreement to establish an account in its name with the Trust Compan;y's Local Government Investment Pool, "TexPool", for the purpose of transmitting local funds for investment by the Trust Company in TexPool. SECTION 2. THAT the following individuals, whose signatures appear on page 2 of this Resolution, are officers, employees, or authorized representatives of the Participant and are each hereby authorized to transmit funds to the Trust Company for investment in TexPool and are each further authorized to withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of local funds: 1. Name: Robert Massengale Title: Assistant City Manager Siignature s J. Robert Massengale for Financial Services 2. Name: Betsy Wood Title: Assistant Director of Siignature s Betsy Wood Finance SECTIOIN 3. THAT this Resolution and its authorization shall continue in full force and effect until amended or revoked by the Participant, and until the Trust Company receives a copy of any such amendment or revocation. The Trust Company is entitled to rely on this Resolution until such time. May 28, 1992 Page 462 This Resolution is hereby introduced and adopted by the Participant at its regular/special meeting held on the 28th day of May, 1992. CITY OF LUBBOCK: Isj David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: W— Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: IsZ J. Robert Massengale J. Robert Massengale, Assistant City Manager for Financial Services APPROVED AS TO FORM: s Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The Participation Agreement is filed with Resolution No. 3902. As a local government, the City of Lubbock may join with other eligible public entities to pool their monies and receive higher earnings on the investment of public funds. Currently, yields earned by these investment pools are higher than those earned by eligible investment securities that offer the same safety and liquidity, required by current investment policies and procedures. This Resolution would authorize the Mayor to execute participation agreements with two funds: TexPool has accumulated average net assets of over $2 billion. TexPool is administered by the State Treasury and has been operating since Oecember 1989. Local Government Investment Fund (LGIF) has accumulated average net assets of over $71 million. LGIF is administered by a board of directors made up of Government Finance Officers. The pool is administered through Fidelity Investments and has been operating since December, 1989. Opening an account in any or all investment pools will enable the City of Lubbock to participate, if desired. The degree of participation would be determined by current investment policies of maintaining the highest yield possible while maintaining the required safety and liquidity. There is no minimum requirement and the account can be closed at any time. Funds can be deposited and withdrawn within one day, keeping public monies available, but also earning interest up to the day they are needed for essential public services. May 28, 1992 Page 463 There was a brief discussion regarding the stability of the pools, and Mr. Massengale advised that both are backed by government securities. Staff advised that this is a good ❑pportunity for the City of Lubbock t❑ maximize investment earnings within required safety and liquidity constraints and therefore recommended proceeding. Motion was made by Councilman Neugebauer, seconded by Councilwoman Trejo to authorize Resolution #3901 and Resolution #3902 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 92-51A-463-292 (18.) Consider Resolution #3903 amending rules and establishing ❑olicies and procedures relating to a consent agenda. RESOLUTION #3903 This Resolution was held. At the May 14 Council meeting, Mayor Langston requested that staff identify the process required to establish and implement the use of a consent agenda for Council to act upon those items deemed to be of a non -controversial, routine administrative nature. The purpose of the consent agenda is to handle those routine administrative items as expeditiously as possible and allow more time for discussion of those items which are more critical and non -routine in nature. According to the City Council Order ❑f Business, Rules and Procedures Manual, any new rules or amendments to the rules must be first introduced into the record before they can be voted upon. Therefore, this item must be introduced into the record and then voted on and approved at the next Council meeting. In the proposed consent agenda procedure, items which may be placed on the consent agenda by the City Manager include, but are not limited to, the following: 1. Approval of minutes of previous Council meeting. 2. Second readings ❑f ordinances that d❑ not require changes from first readings of ordinances. 3. Acceptances of paving and other utility construction projects. 4. Routine authorizations for the mayor to sign cover sheets, plans of highway projects impacting the city limits. 5. Traffic ordinances. 6. Formal authorization ❑f submittal of state and federal grants discussed in previous Council work sessions. May 28, 1992 Page 464 7. Resolutions designating certain staff assignments in compliance with grant application procedures. 8. Approvals of sales of property in urban renewal, community development areas for residential purposes. 9. Bid awards. 10. Ordinances on first reading that have previously been discussed or concurred with by Council that are non -controversial. 11. Street and alley license permits that have little impact on overall street and alley traffic operations. 12. Other resolutions of a non -controversial nature. In the event that any citizen makes an oral or written request to the Mayor or City Manager, or if any Council member, the City Manager or anyone acting in his place requests the removal of any item on the consent agenda for debate, the Mayor shall have the item removed from the consent agenda and this item will be considered on an individual basis in its normal sequence. A motion and a second with a majority vote for approval is sufficient to carry and approve all the items listed on the consent agenda with the exception of those which have been removed under the procedures outlined previously. This approval shall have the same effect as though each item were considered separately and voted on separately. At this meeting, the Council must introduce the amended rules and procedures into the record to be voted on at the next Council meeting. Motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Patterson to approve this item as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 92-51A-464-293 (19.) BID #11882--Annual„pricing „for pager goods (Central Warehouse). Pollock Paper--3 cs. Maxi -pads indiv. wrapped. Mayfield Paper--24 cs. Cups 4 oz.; 160 cs. 6 oz. hot drink cup. Butler Paper--360 cs. Center fold towels; 200 cs. toilet tissue; 16 cs. single fold towels. SJS, Inc.--6 cs. disposable paper towels. Dixon Paper Co.--1500 bx. disposable shop towels; 450 cs. toilet paper 2 ply jumbo roll. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Maloy to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. May 28, 1992 Page 465 92-51A-465-294 (20.) BID #11598--Truck Tractor & Trailers (Fleet Services). Harmon Tank Co.--6 ea. bottom dump trailer Spec 2958. Summit White GMC, Dallas--1 ea. cab & chassis 62000 GVWR Spec 628. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Malay to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 92-51A-455-295 (21.) BID #12002--Sanitary Landfill Liner, and authorize same (Solid Waste). RESOLUTION #3904 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 Rhode Construction for construction of a sanitary landfill liner, 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 28th day of May, 1992. Isj David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Gene Eads Gene Eads, Purchasing Manager APPROVED, AS TO FORM: s Harald Willard Harold Willard, Assistant City Attorney May 28, 1992 Page 466 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 28th day of May, 1992 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Rhode Construction 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. 1200;2--Sanitary Landfill Liner (Solid waste) in the amount of $792,430.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: IsZ Ranette Boyd Secretary APPROVED AS TO CONTENT: ATTEST: CITY OF LUBBOCK, TEXAS (OWNER) /s/ David„ R,..,Langston Mayor APPROVED AS TO FORM: CONTRACTOR Secretary By: TITLE: May 28, 1992 Page 467 COMPLETE ADDRESS: Rhode Construction Company 8207 Ithaca Avenue Lubbock, Texas 79423 Rhode Construction Company --Total Bid Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Maloy t❑ authorize Resolution #3904 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 92-51A-4E67-296 (22.) BID #11990--Fire Fighting Chemical Fire Department). Chemguard, Grand Prairie--1400 gl. 6% Aqueous Film forming foam; 65 gl. 3% Alcohol resistant Aqueous Film forming foam (All or hone). Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Maloy t❑ authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Hays. 92-51A-4167-297 (23.) BI_D#11884--Annual pricing for engine filters (Warehouse Auto Parts). Barrett's Automotive--1 lt. Engine filters consisting ❑f 203 filters, various sizes & types (fuel, hydraulic, air, oil & transmission). Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Maloy to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 92-51A-467-298 (24.) BID #12006Summer_Lunch Program (Parks & Recreation). Servicemaster Educational Food --Lunches for 1992 Summer Lunch Program. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Maloy t❑ authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 92-51A-467-299 (25.) BID #11968--Street lighting fixtures (Central Warehouse). Cummins Supply, Amarillo--200 ea. 400 watt HPS fixture. Motion was made by Mayor Pr❑ Tem Patterson, seconded by Councilman Maloy to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 hays. 92-51A-467-300 (15.) May 28, 1992 Page 468 92-51A-468-301 [16.} Consider approval of assignment of mineral interests and Bill ❑f Sale of Exxon's mineral interests in the Lake Alan Henry area to Brazos River Authority on behalf of the City of Lubbock._ According to Staff memo, on May 15, 1992, the City Attorney received correspondence from Mr. Terry L. Grantham, who is an attorney representing the Brazos River Authority, setting forth the details of the request made by the River Authority to the City of Lubbock. Exxon has agreed to sell to the Authority (on behalf of the City) all of Exxon's mineral interests in the Lake Alan Henry area for the same price offered to Exxon by the Authority to acquire subrogation rights from Exxon. The agreed purchase price is $473,634.07 and is the price offered by the Authority on advice of Authority's engineers. The attorney for the Authority advises that if these mineral interests are acquired by condemnation that the purchase price would be considerably more than the $473,634.07 offered by the Authority. While no one can be exactly sure how much more the acquisition of these mineral interests could cost by condemning them, Staff are told that the cost could run as high as two million dollars. The River Authority feels that the agreement negotiated with Exxon will also set the favorable pricing of other mineral interest that the River Authority will be acquiring for the City and recommended that they be authorized to conclude the agreement with Exxon. The River Authority feels that the environmental risks associated with the acquisition of these properties are negligible and that the indemnification paragraph (Section 5) in the Exxon conveyance is an acceptable risk that the Authority and ultimately the City should assume in view of the cost savings offered by accepting this contract. The River Authority's attorney has informed the City Attorney that the provisions of Section 5 of the Exxon Agreement (indemnification clause) are non-negotiable and if the River Authority does not buy the mineral interests with this Section included that Exxon will sell to other parties. The River Authority is of the opinion that acquiring these mineral interests by agreed sale would avoid the delay associated with taking these interests through condemnation processes. May 28, 1992 Page 469 The City Attorney has reviewed the agreement submitted by Exxon for conveyance t❑ the Brazos River Authority of its mineral interests in the Lake Alan Henry properties and feels that it is his duty to point out to the City Council the very broad limits ❑f exposure the City Council would be assuming by authorizing the execution of the agreement negotiated between the River Authority and Exxon. The City Attorney points out the following: (a) Section 5 is non-negotiable as far as Exxon is concerned, Staff either take it ❑r leave it. (b) In the first full paragraph ❑f Section 5 the City acknowledges that the properties have been used for oil and gas production; that Staff have inspected the sites; that Staff acknowledge that there may have been spills of oil, gas, water or other materials in the past on the property purchased and on other properties. In addition, Staff acknowledge that some oil field production equipment may contain asbestos and/or naturally ❑ccurring radiation material. Staff acknowledge that special procedures may be necessary for the removal and disposal of asbestos and naturally ❑ccurring radiation materials that may have been buried on these or surrounding properties. The City will assume all liability for assessment, removal and disposal of such materials and associated activities. (c) In the second paragraph of Section 5, the City is buying these mineral interests "AS IS, WHERE IS" and the City releases Exxon from any liability with respect to these properties whether or not caused by or attributable to Exxon's negligence. The City further waives its right to recover from Exxon and forever releases and discharges Exxon from any and all damages, claims, losses, liabilities, penalties, fines, liens, judgments, costs ❑r expenses whatsoever (including attorney fees) whether direct or indirect, known or unknown, that may arise on account of or in any way connected with the physical condition of the properties or any law or regulation applicable thereto, including all of the federal environmental statutes set forth in paragraph two of Section 5 of Exxon's draft agreement. May 28, 1992 Page 470 (d) In the third paragraph of Section 5 of the Exxon agreement, the City is agreeing to indemnify and defend Exxon, its successors and assigns from and against all claims, demands and causes of action including any civil fines, penalties, cost of clean up or plugging liabilities for the properties bought. The City is further agreeing to hold Exxon harmless from any causes of action brought against Exxon by the State or Federal Government. The City Attorney believes that the hold harmless, indemnity, release, waiver and assumption of liability provisions set forth in Section 5 of the Exxon agreement makes the City of Lubbock a virtual insurer of Exxon for its actions in relation to the properties involved in the mineral interest conveyance. Exxon would be charged a large premium for insurance purchased to protect it in the same manner as they are requesting the City to protect them in Section 5 of their agreement. THE FUTURE LIABILITY MAY BE VERY COSTLY TO THE CITY AND THE CITY COUNCIL NEEDS TO CONSIDER THIS FACT CAREFULLY BEFORE GIVING CONSENT TO THIS CONVEYANCE FROM EXXON. The Council is granting a consideration to Exxon over and above the cash price to be paid to Exxon and that consideration is the value in dollars of the agreements to hold Exxon harmless from all the liabilities set forth in Section 5 of the proposed Exxon agreement. When the value of this consideration is added, the price may be too high for the purchase of these interests. What is it worth to Exxon t❑ be held harmless and defended by the City for violations of the following federal statutes? 1. THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980. (42 USC, SECTION 9601 ET. SEQ.) 2. THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976. (42 USC 6901 ET. SEQ.) 3. THE CLEAN WATER ACT (33 USC, SECTION 466 ET. SEQ.) 4. THE SAFE DRINKING WATER ACT (14 USC, SECTION 1401-1450) 5. THE HAZARDOUS MATERIALS TRANSPORTATION ACT (49 USC, SECTION 1801 ET. SEQ.) 5. THE TOXIC SUBSTANCE CONTROL ACT (15 USC 2601-2629) May 28, 1992 Page 471 What insurance company would issue a policy covering the above exposures? Should the City undertake to do what an insurance company may not be willing to do? Should the City place itself between the federal government and Exxon in the event of an environmental claim made by the federal government against Exxon? These are questions that the Council should consider in its deliberations on this request. Brazos River Authority is requesting authority to execute an agreement with Exxon to purchase mineral interests of Exxon at Lake Alan Henry. The River Authority feels the price is right, it is quicker to purchase the property, it will establish a benchmark price for other properties and the environmental risks are not very large. The City Attorney, however, strongly recommended against the agreement because of the very broad liability that the City would assume by executing the agreement. The City Attorney would recommended that the River Authority condemn the mineral interests if necessary rather than execute the Exxon agreement. This matter was discussed in executive session, and after executive session Mayor Langston announced the discussion and consensus of Council to request a motion to approve acquisition of the property subject to and contingent upon Freese & Nichols, on behalf of the Brazos River Authority, going to Exxon Corporation for purposes of review of Exxon's environmental study, and once the City is assured that there are no environmental problems, as analyzed by these environmental experts, the goal is to move forward with the purchase of the properties. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Maloy to approve assignment of mineral interests and Bill of Sale of Exxon's mineral interests in the Lake Alan Henry area to Brazos River Authority on behalf of the City of Lubbock, contingent upon Freese & Nichols review, on behalf of Brazos River Authority, of Exxon's Environmental Study and assurance from Freese & Nichols after the review, that no environmental problems are present. Motion carried: 7 Yeas; 0 Nays. 92-51A-471-302 (27.) Consider seven appointments t❑ the Keep Lubbock Beautiful Advisory -Board. The terms of Denny Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Aderton to hold board appointments until the next City Council Meeting. Motion carried: 7 Yeas; 0 Nays. May 28, 1992 Page 472 92-51A-472-303 (28.) 92-51A-472-30T (29.) 92-51A-472-305 (30.) There being by Mayor Pro the meeting ATTEST: Somerville Roosevelt Carroll Betty Carr Robert D. Snell, and Dorthy Dailey Furr are to expire on May 31, 1992. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Aderton to hold board appointments until the next City Council Meeting. Motion carried: 7 Yeas; 0 Nays. Bradley, Earl Elliott, and Lalo Quirino are to expire on May 25, 1992. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Aderton to hold board appointments until the next City Council Meeting. Motion carried: 7 Yeas; 0 Nays. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Aderton to hold board appointments until the next City Council Meeting. Motion carried: 7 Yeas; 0 Nays. no further business to co a before6pu Tem Patterson, seconded y Council m at 3:13 p.m. Motion carried: a ; s Ran��tte Boyd Ranette Boyd, City Secretary Read and approved this the 11th day ATTEST: Isl Rangy=tte Boyd Ranette Boyd, City Secretary cil, motion was made r a o adjourn N.