HomeMy WebLinkAboutMinutes - City Council - Regular - 11/8/1984712 November 8, 1984
REGULAR CITY COUNCIL MEETING
MINUTES
NOVEMBER 8, 1984
The City Council of the City of Lubbock, Texas met in regular session on the
8th day of November, 1984 in the City Council Chambers, 2nd Floor, City Hall,
10th and Texas Avenue, at 9:30 a.m.
Present: Mayor Alan Henry, Mayor Pro Tem George Carpenter, Councilman T. J.
Patterson, Councilman E. Jack Brown, Councilwoman Joan Baker, City Manager
Larry J. Cunningham and City Secretary Ranette Boyd.
Absent: Councilwoman Maggie Trejo and Councilman Bob Nash.
Mayor Henry called the meeting to order at 9:30 a.m.
84-43A-712-1162
Those in the City Council Chambers recited the Pledge of
Allegiance together.
84-43A-712-1163
2.) The invocation was given by City Manager Larry J.
Cunningham.
84-43A-712-1164
( 3.) BOARD -APPOINTMENTS
Receiving: The Reverend John H. Ballard
Human Relations Commission
84-43A-712-1165
4.) PROCLAMATIONS
"Alzheimer Awareness Month"
November, 1984
Receiving: Barbara West
Susan Tucker
"Camp Fire Candy Sale Weeks"
November 10 - December 2, 1984
Receiving: Jerry Stamps
"Meals on Wheels Week"
November 11-17, 1984
Receiving: Sue Buckner
"Holiday Happening Week"
November 14-17, 1984
Receiving: Beverly Forsman
Carolyn Simpson
"Service Corps of Retired Executives Month"
November, 1984
Receiving: Ralph Krebbs
84-43A-712-1166
( 5,.) AIRMAN OF THE MONTH
September, 1984
Receiving: AFC Alfred F. LaFave, III
84-43A-712-1167
6.) Motion was made by Councilman Brown, seconded by
Councilman Patterson to approve the Minutes of the
October 25, 1984 Regular City Council Meeting as written.
Motion carried: 5 Yeas; 0 Nays
84-43A-712-1168
7.) Bob Suter, willappear to present Resolution for
Industrial-Revenue-Bon-3s-.
Consider -Resolution approving bonds and approving
Resolution by Lubbock Industrial Development Corporation
prpviding-for-issuance ot $3,000,000 in Lubbock In-Tu-s-
713 November 8, 1984
RESOLUTION41860
WHEREAS, Industrial Development Bonds are a valuable
source of funds for improving local economics and job
opportunities; and,
WHEREAS, recent changes have extended Industrial
Development Bond eligibility to selected commercial
developments; and,
WHEREAS, recent legislative actions have placed
"caps" on Industrial Development Bonds issues in cities;
and,
WHEREAS, there is now a need to be selective and
insure maximum benefits to the local economy from the
issuance of said limited Industrial Development Bonds; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the following criteria shall be used by the
Lubbock Industrial Development Corporation and Lubbock
City Council in considering applications for Industrial
Development Bonds:
1. Are the bonds primarily to finance industrial or
manufacturing development?
Rating: commercial - 10 points
commercial/industrial mix - 15 points
industrial/manufacturing - 20 points
2. How many new jobs will be created?
Rating: 1-10 new jobs - 10 points
11-20 new jobs - 15 points
21 + new jobs - 20 points
3. How much annual payroll is generated?
Rating: $100,000-$500,000 - 10 points
$500,001-$800,000 - 15 points
$800,001 + - 20 points
4. How much property tax base is added?
Rating: $ 500,000-$1,000,000 - 5 points
$1,000,001-$2,000,000 - 10 points
$2,000,001 + - 15 points
5. What is the ratio of private equity invested to
bond funds requested?
Rating: 1:3 ratio - 5 points
1:2 ratio - 10 points
1:1 ratio - 15 points
6. Does the new business or industry provide
training programs to encourage upward job
mobility?
Rating: minimal - 3 points
moderate - 5 points
high - 10 points
BE IT FURTHER RESOLVED: That application scores shall be
interpreted as follows:
60 points or less - minimally acceptable (eligible for no
funding or partial
funding)
61-80 points - moderately acceptable (eligible for
partial -full funding)
80 + point's - acceptable (eligible for full funding)
BE IT FURTHER RESOLVED: That the cumulative total of
Industrial Development Bonds issued for commercial uses
714 November 8, 1984
shall not exceed 2.0% of Lubbock's current "cap" allocation
during any given year.
Passed by the City Council this 8th day of November, 1984.
/s/ Alan Henry
ALAN OR
ATTEST:
/s/ Ranette-Boyd
Ranetle Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Jim Bertram
Jim er ram, ssistant City Manager
APPROVED AS TO FORM:
/s/ Laura -Monroe
Laura J. Monroe, Assistant City Attorney
Bob Suter, Secretary of the Lubbock Industrial Development
Corporation Board, presented this item as a recommendation
to City Council from the LIDC Board. Mr. Suter stated
that financing would not affect any cap for the City of
Lubbock. Since no cap, either Statewide or Citywide, is
affected by this application, it did not appear to be
appropriate that the resolution requiring evaluation would
be effective on this financing. This financing was evalu-
ated based on the information available and it graded at a
73, which places the financing in a "moderately acceptable
eligible for partial or full funding" category.
The $3,000,000 proposed to be issued will be for the
construction of a building, land acquisition, purchase of
various machinery and equipment, engineering and architec-
tural expenses, and interim finances.
The purpose for this financing is to allow this company
to construct a new terminal and general office facility
for use by their corporation which is a common carrier
motor freight company. A written report was given to
Council regarding the specific breakdown of the uses of
the property to be purchased and constructed. This
corporation also indicates that it will create 50 new
jobs with an annual payroll of $1.35 million.
Staff reported that the project appears to be feasible as
far as the City's perspective is concerned.
Motion was made by Councilwoman Baker, seconded by Mayor
Pro Tem Carpenter, passing Resolution #1860 approving
bonds and also approving a Resolution of Lubbock
Industrial Development Corporation providing for issuance
of $3,000,000 in LIDC Revenue Bonds (Central Freight
Lines, Inc. Project), Series 1984. Motion carried: 5
Yeas; 0 Nays.
84-43A-714-1169
( 8.) Request of Midred-Boone (for Willis H. Bledsoe) to change
e wes -o o s , and 8, and the south 181 o
ewes -o - o oc of the Overton
Addition, -from _ -an - o - an ) (1812
Broadway).
ORDINANCE #8678
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 OF
THE CITY OF LUBBOCK, BEING THE ZONING CODE, SO AS TO MAKE
THE FOLLOWING CHANGE: ZONE CASE NO. 2495; CHANGE THE WEST
67.5 FEET OF LOTS 6, 7 & 8 AND THE SOUTH 18 FEET OF THE
WEST 67.5 FEET OF LOT 9, BLOCK 120, OVERTON ADDITION,
LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-3 TO R-3(DH) AND C-2
TO C-2(DH) ZONING DISTRICT; DESIGNATING A LANDMARK
THEREON; IDENTIFYING CERTAIN EXTERIOR ARCHITECTURAL
FEATURES OF THAT LANDMARK; PROVIDING FOR A PENALTY AS
PROVIDED FOR IN SECTION 1-4 OF THE CITY CODE; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
715 November 8, 1984
84-43A-715-1170
( 9.) Request of Joe D. McKay (for Agape United Methodist
Church) to change Circuit -Rider Addition from R-1 to A-2
Zoning District (1215-Slide-Road).
ORDINANCE-#8679
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE
FOLLOWING CHANGES: ZONE CASE NO. 2496; CHANGE CIRCUIT
RIDER ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS,
FROM R-1 TO A-2 ZONING DISTRICT; SUBJECT TO CONDITIONS;
PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-4 OF
THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
84-43A-715-1171
(10.) Request of Bob -Johnson -(for -Tara Land Company) for a
specific -se one-- anger rom o AM Specific-13—se
ermit, for professional offices on ract isperwood
ition ree wanUtica venue .
ORDINANCE #8680
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE
FOLLOWING CHANGES: ZONE CASE NO. 2305-C; A SPECIFIC USE
ZONE CHANGE, FROM A-1 TO AM SPECIFIC USE PERMIT UNDER
PROVISIONS OF SECTION 22.3-20 OF THE ZONING ORDINANCE, FOR
PROFESSIONAL OFFICES ON TRACT D, WHISPERWOOD ADDITION,
CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; PROVIDING FOR A
PENALTY AS PROVIDED FOR IN SECTION 1-4 OF THE CITY CODE;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
84-43A-715-1172
(11.) Request of -Bob -Johnson (for Tara Land Company) to change
a tract of -land out -of -Section ock A, from R-1 to
Zoning --is ric -(loop- and1north of Utica venue).
ORDINANCE #8681
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE
FOLLOWING CHANGES: ZONE CASE NO. 2305-E; CHANGE A TRACT OF
LAND OUT OF SECTION 22, BLOCK A, CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS, FROM R-1 TO R-2 ZONING DISTRICT; SUBJECT TO
CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN
SECTION 1-4 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
84-43A-715-1173
(12.) Request of Don'Hegi;-Jr.--(for Animal Care Clinic) for a
Specific -se one ange rom C-2 to C-2 Specific se
ermit or a-ve erinary c inic on Lot - easant
Ridge i ion- -Street).
ORDINANCE #8682
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE
FOLLOWING CHANGES: ZONE CASE NO. 2381-B; A SPECIFIC USE
ZONE CHANGE, FROM C-2 TO C-2 SPECIFIC USE PERMIT UNDER
PROVISIONS OF SECTION 22.3-13 OF THE ZONING ORDINANCE, FOR
A VETERINARY CLINIC ON LOT 770-A, PLEASANT RIDGE
ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; PROVID-
ING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-4 OF THE
CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
84-43A-715-1174
(13.) Request of Kilgore Properties Limited, to change a tract
ot landout of SeRion-2;Block - rom to -
oning- is ric -(6004 3rd StreJ);
ORDINANCE #8683
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE
FOLLOWING CHANGES: ZONE CASE NO. 1893-H; CHANGE A TRACT OF
LAND OUT OF SECTION 2, BLOCK J-S, CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS, FROM R-1 TO C-2A ZONING DISTRICT; PROVIDING
FOR A PENALTY AS PROVIDED FOR IN SECTION 1-4 OF THE CITY
716 November 8, 1984
-84-43A-716-1175
- (14.)
Request of Adling-Associates,Architects
for-a-Spec-ific-Use-Zone Change
�mecific Use-Permit-or-DrntpeOnnAl nfT
ORDINANCE #8684
(for William E.
rom R-2 tom
rpiz nn I nf c A
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE
FOLLOWING CHANGES: ZONE CASE NO. 2499; A SPECIFIC USE ZONE
CHANGE, FROM R-2 TO AM SPECIFIC USE PERMIT UNDER PROVI-
SIONS OF SECTION 22.3-20-3 OF THE ZONING ORDINANCE, FOR
PROFESSIONAL OFFICES ON LOTS 5, 6 and 7, BLOCK 2, ELLWOOD
PLACE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS;
PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-4 OF
THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.'
84-43A-716-1176
(15.) Ordinance -amending -Ordinance -#8074, Section 29-15(f)(2),
and
concerning-rear-and-Slde yards for commercial; Se—cf—ions
29-22(f)(2) and 29-ntf)(z) concerning rear and side
yards for industrial; and Section 2.10Z concerning
screening fences.
ORDINANCE #8685
AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF
ORDINANCES, CITY OF LUBBOCK, ENTITLED ZONING, BY AMENDING
SECTIONS 29-15(f)(2), 29-16(f)(2), 29-17(f)(2),
29-18(f)(2), 29-20(f)(2), 29-22(f)(2), 29-23(f)(2);
PROVIDING FOR A CHANGE IN THE REQUIREMENTS FOR REAR AND
SIDE YARDS IN'COMMERCIAL AND MANUFACTURING ZONES; AND BY
AMENDING SECTION 29-3(102); PROVIDING A NEW DEFINITION OF
SCREENING FENCE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING
A PENALTY AND PROVIDING FOR PUBLICATION.
84-43A-716-1177
(16.) Consider a Resolution accepting paving improvements
cons tructed-by-Button,s,Lonstruction Company in Mi_rrar
Estates Addition, racts A-1, A-2, B-1 and B-2.
RESOLUTION #1861
RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF
STREETS AND AVENUES AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement
provisions of City Ordinance #1331, the subdivider of
Farrar Estates Addition, Tracts A-1, A-2, B-1, and B-2
made arrangements with Button's Construction Company for
the construction of paving improvements on certain streets
dedicated in said subdivision under the provisions of said
Ordinance prior to the recording of the subdivision plat
of the above -mentioned addition including the following
streets:
Two alley returns constructed on Aberdeen north of
75th Street (east and west side) and one alley return
on Albany north of 75th Street (east side) known as
new subdivision number 2030-20.
AND WHEREAS, the construction of the above improve-
ments on the above -mentioned streets was performed under
the supervision of the City Engineer, and said improve-
ments have been completed and have been inspected and
found to have been constructed in accordance with City
specifications and in accordance with the provisions of
City Ordinance #1331.
THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK,
TEXAS.
Section 1. That the improvements on said portions
of the above -mentioned streets be and the same are hereby
accepted and the City Engineer be and he is hereby
authorized to notify the Developer of Acceptance by the
Lubbock City Council.
717 November 8, 1984
Section 2. This resolution shall take effect and
be in force from and after its passage.
PASSED AND APPROVED THIS 8TH DAY OF NOVEMBER, 1984.
/s/ Alan Henry
Alan Henry',_-7ayor
ATTEST:
/s/ Ranette-Boyd
Ranette Boyd, Ci y Secretary
APPROVED AS TO CONTENT:
/s/ Don Jennings
Don Jenni_n7qT_,7Tty Engineer
APPROVED AS TO FORM:
/s/ John Ross, Jr.
John Ross, Jr., City Attorney
CONSOLIDATED FINAL ESTIMATE
FARRAR ESTATES ADDITION
Accepted 11/08/84
COST DISTRIBUTION -
Unit & Construction Developer
Sub -Unit Cost Cost
2030-20
COST ESTIMATE
94.26 L.F. Curb & Gutter
60.60 S.Y. Alley Return
$1,147.50
114.00 L.F. C & G Removal and Pavement Repair
LUMP SUM CONTRACT COST
$1,147.50
Lump Sum
$1,147.50
This is a routine acceptance of three concrete alley
returns in this new subdivision (located at 75th Street
and Albany Avenue), and no City cost is due the Con-
tractor.
84-43A-717-1178
(17.) Consider a Resolution accepting paving improvements
cons tructed-b7 Frank-LlMon in whisperwood Addition, Lots
88�A-1-thru-94-B�1;
RESOLUTION #1862
RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF AN
ALLEY AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement
provisions of City Ordinance #1331, the subdivider of
Whisperwood Addition, Lots 88-A-1 through 94-B-1 made
arrangements with Frank Limon for the construction of
paving improvements on a certain alley dedicated in said
subdivision under the provisions of said Ordinance prior
to the recording of the subdivision plat of the above -
mentioned addition including the following streets:
718 November 8, 1984
North -South alley from 10 feet south of south
property line of Amherst Street to 10 feet north of
north property line of 1st Street known as new
subdivision number 2029-30.
AND WHEREAS, the construction of the above improve-
ments on the above -mentioned alley was performed under
the supervision of the City Engineer, and said improve-
ments have been completed and have been inspected and
found to have been constructed in accordance with City
specifications and in accordance with the provisions of
City Ordinance #1331.
THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK,
TEXAS.
Section 1. That the improvements on said portions
of the above -mentioned alley be and the same are hereby
accepted and the City Engineer be and he is hereby
authorized to notify the Developer of Acceptance by the
Lubbock City Council.
Section 2. This resolution shall take effect and
be in force from and after its passage.
PASSED AND APPROVED THIS 8TH DAY OF NOVEMBER, 1984.
/s/ Alan Henry
Alan Henr_y_,_M_ayor
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Don Jennings
Don Jennings, City Engineer
/s/ John Ross, Jr.
John Ross, Jr., CT"ty Attorney
This is a routine acceptance of alley paving improvements
required for rear -entry garages in this new subdivision
(located west of North Troy Avenue and between 1st Street
and Amherst Street), and no City cost is due the con-
tractor.
Motion was made by Councilman Patterson, seconded by
Councilwoman Baker authorizing passage on second and
final reading of Ordinance #Is 8678 (Item #8), 8679 (Item
#9), 8680 (Item #10), 8681 (Item #11), 8682 (Item #12),
8683 (Item #13), 8684 (Item #14), and 8685 (Item #15);
and Resolution Ps 1861 (Item #16) and 1862 (Item 17), as
set out above. Motion carried: 5 Yeas; 0 Nays.
CONSOLIDATED FINAL ESTIMATE
WHISPERWOOD ADDITION
Lots 88-A-1 thru 94-B-1
Accepted 11/15/84
QUANTITIES
S.Y.
Unit & Alley
Sub -Unit Location Paving
2029-30 N-S Alley from 10' S of SPL of 746.87
Amherst Street to 10' N of
NPL of 1st Street
719 November 8, 1984
COST ESTIMATE
746.87 S.Y. Alley Paving
CONTRACT COST
COST DISTRIBUTION- - -----
@22.00 $16,431.14
$16,431.14
Unit & Construction Developer
Sub -Unit Cost Cost
2029-30
$16,413.14 $16,431.14
84-43A-719-1179
(18.) Consider an -Ordinance -to -abandon and close a 20' alley
an a por ion-o or ssex- rive in the Horizon WesT
ion:
84-43A-719-1180
(19.)
ORDINANCE #8686
AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF
ORDINANCES, CITY OF LUBBOCK, ENTITLED ZONING, BY AMENDING
SECTIONS 29-15(f)(2), 29-16(f)(2), 29-17(f)(2),
29-18(f)(2), 29-20(f)(2), 29-22(f)(2), 29-23(f)(2);
PROVIDING FOR A CHANGE IN THE REQUIREMENTS FOR REAR AND
SIDE YARDS IN COMMERCIAL AND MANUFACTURING ZONES; AND BY
AMENDING SECTION 29-3(102); PROVIDING A NEW DEFINITION OF
SCREENING FENCE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING
A PENALTY AND PROVIDING FOR PUBLICATION.
This is located east of Frankford Avenue in the 5600
Block of Colgate Street, and is requested by Burl W.
Masters for Horizon Properties. The purpose of these
closures is for residential development. The alley to be
closed is 6259.32 square feet (.144 acre) and the street
to be closed is 5523.56 square feet (.127 acre).
Another alley and street is to be dedicated in their
place. The Planning and Zoning Commission met on this on
October 31, 1984. A $150 application fee has been paid.
Several utilities will have to be relocated (Cox Cable,
Energas, water and sewer, LP&L, and SPS).
Motion was made by Councilman Brown, seconded by Mayor
Pro Tem Carpenter, authorizing on first reading Ordinance
#8686 as set out above. Motion carried: 5 Yeas; 0
Nays.
Consider an -ordinance -to abandon and close a portion of
j.era-street-ana-tmree-lb'-atteys in h11icrest community
Center Addition.
ORDINANCE #8687
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 33RD
STREET AND THREE 15-FOOT ALLEYS IN HILLCREST COMMUNITY
CENTER ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY,
TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS
ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE
OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID
ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
This alley and street closure is located in the 5000
Block of Brownfield Highway and Tom Scarbrough (Tom's
Tree Place) is requesting the closure. There are two 15'
east -west alleys, one 15' north -south alley, and approxi-
mately 265' of 33rd Street to be closed. Square footage
to be closed is 16,548.3 square feet (.379 acre). We have
received a $150 application fee and have in possession a
check for $8,274 for the land to be closed. The streets
and alleys to be closed were valued at 500 per square
foot and appraisals are from the appraisal of abutting
properties. The Planning and Zoning Commission has
reviewed and approved this plat. Utility relocation will
be minimum and some pro-rata is due on the property.
Motion was made by Councilman Brown, seconded by
Councilwoman Baker, authorizing on first reading
720. November,8, 1984
84-43A-720-1181
(20.) Consider allocation -of -Community -Development Contingency
Funds-tor- "EuEbock:-?0050-p—ro�jec�. �
In the Tenth Year Community Development Program, the
City Council approved funds for an Administrative
Assistant to assist with the "Lubbock: 2005" goal
setting project. Since that time, several additional
expenses which are associated with the "Lubbock: 2005"
project have been planned and a budget overrun is
anticipated. The cost overruns are primarily due to the
cost of the telephone survey and the cost of placing
public notice advertising in the newspaper. Also, the
costs associated with the printing and distribution of
the Town Crier were underestimated.
The following is a summary of the revised budget:
ORIGINAL REVISED
Personnel Services $22,557 $22,557
Printing & Supplies 500 2,156
Postage 250 250
Citizen Survey -0- 5,044
Refreshments -0- 1,000
Advertising 250 1,250
Town Crier -0- 2,800
cap7al-Tq-uipment 637 637
7TIM 7751M
It was recommended that $11,500 be allocated from the
Contingency Fund, and would reduce the Contingency Fund
balance from $324,230 to $312,730.
Motion was made by Councilman Patterson, seconded by
Councilwoman Baker, authorizing allocation of Community
Development Contingency Funds for "Lubbock: 2005"
Project. Motion carried: 5 Yeas; 0 Nays.
84-43A-720-1182
(21.) Consider allocation of Community Development Contingen
Funds-for-acquisitionand-relocation in conjunction w
as 341h-an d-Ouirt-Overi)ass 5ro.iect).
The City Council, at the October 24, 1984 meeting,
accepted the bid for the construction of the overpass at
East 34th Street and Quirt Avenue. In light of this
decision, the City was contacted by Mr. Jack Gailey,
owner of the Tri-Way Grocery Store at the corner of Quirt
Avenue and 34th Street. Tri-Way Grocery is located in
the Phyllis Wheatley Area, which is a total clearance
area, and is scheduled to be acquired and relocated in
the future as a part of the clearance action. Mr.
Gailey's request is to accelerate the schedule and
relocate his business at this time.
The Tri-Way Grocery is not located in the right-of-way
area, but the construction of the overpass will sub-
stantially affect the traffic which currently passes his
business.
The Neighborhood Redevelopment Commission prioritized Mr.
Gailey's property as #1 on the Phyllis Wheatley schedule,
and further, Staff recommends that $50,000 be allocated
from the Contingency Fund to begin the acquisition and
relocation process. This allocation will reduce the
Community Development Contingency Fund balance from
$312,730 to $262,730.
Motion was made by Councilman Brown, seconded by
Councilman Patterson authorizing allocation of Community
Development Contingency Funds for acquisition and
relocation of property as set out above. Motion carried:
7 Yeas; 0 Nays.
721 November 8, 1984
84-43A-721-1183
(22.) Consider and -authorize -the Mayor -to execute a Fundin
Agreement-witE-Ehe-Day-Care-Association.
RESOLUTION-#1863
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 Community Development
Funding Agreement/Contract for Structure Modifications
between the City of Lubbock and the Day Care Association
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 8th day of November, 1984.
/s/ Alan Henry
ALAN HEN7T,__VYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, Ci y Secretary
APPROVED AS TO CONTENT:
/s/ Sandy Ogletree
Sandy 0gleTree, Co munity
Development Coordinator
APPROVED AS TO FORM:
/s/ Michele Hart
MicRele Ha—r-f-,-Ts-sistant City Attorney
COMMUNITY DEVELOPMENT FUNDING AGREEMENT/
CONTRACT FOR STRUCTURE MODIFICATIONS BETWEEN
THE CITY OF LUBBOCK AND THE DAY CARE ASSOCIATION OF LUBBOCK
STATE OF TEXAS
COUNTY OF LUBBOCK §
This agreement is entered into this 8th day of
November, 1984 between the City of Lubbock; Texas, a home
rule municipal corporation, hereinafter called "City" and
the Day Care Association of Lubbock, a charitable
association hereinafter called "Association".
WITNESSETH:
WHEREAS, the City is obligated to do and perform
certain services in its undertaking of a Community
Development Plan pursuant to the Housing and Development
Act of 1974, as amended; and
WHEREAS, the Association is a non-profit association
offering child care services to lower and moderate income
working families who are in need of such services by
operating day care centers; and
WHEREAS, the services provided by the Association
benefit citizens of the City of Lubbock and constitute a
valuable public service; and
WHEREAS, the City Council of the City of Lubbock has
declared the maintenance and operation of a day care
center by the Association to be a public purpose; and
WHEREAS, the Association and the services it provides
have been found to meet the criteria for funding under
provision 570-201(e) of the Community Development
Regulation for Public Services; and
722 November 8, 1984
WHEREAS, the accomplishment of the public purpose is
the predominant purpose of the transaction; continuing
supervision by the City together with statutory and
contractual requirements provide sufficient assurance that
the public purpose will be accomplished; the City Council
has found that the Association has the special expertise,
knowledge and experience necessary for the operation of a
day care center and that the City will receive adequate
consideration in the form of substantial public benefit;
and
WHEREAS, the City desires to contract with the
Association to make available assistance for the con-
struction of an addition to the Carver Heights Day Care
Center, completion of a new parking lot and renovation of
the playground.
NOW THEREFORE, the City and the Association do hereby
mutually agree as follows:
1. The assistance made available through this
contract shall be used by the Association solely for the
purpose of constructing a 470 square foot addition to the
existing structure, completion of a new parking lot and
renovation of the playground area of the Carver Heights
Day Care Center located at 2509 Elm and further being
described as Lots 11, 12, 13, 14 & 15, Block 30, Original
Town of the City of Lubbock; Lots 5 & 6, Block 37,
Wheelock Second Addition to the City of Lubbock, Lubbock
County, Texas, for the use and occupancy by the Associ-
ation as a day care center for children of lower and
moderate income working families.
Assistance to be provided for the addition will be
limited to that work, which in the opinion of an architect
employed by the City, is required to construct the
addition to the existing facility. The assistance shall
also be used to pay costs incurred by the City for
preparing plans and specifications, securing competitive
bids and monitoring the progress of the project.
2. The City agrees to provide the Association
assistance from Department of Housing and Urban
Development funds in an amount not to exceed $60,000. It
is understood and hereby agreed that it shall be the
responsibility of the Association to perform and do the
activities set forth in this agreement as consideration
for the funds secured and provided by the City hereunder.
3. City agrees to solicit for construction work
through the competitive bid process. Prior to award of
the contract to the lowest responsible bidder, City will
obtain a contractors clearance from the Department of
Housing and Urban Development. In the event the low bid
contractor is ineligible, the contract shall be awarded to
the lowest eligible bidder. The City agrees to secure
professional assistance as needed in the preparation of
plans and specifications for the work to be undertaken.
City will secure all professional services through a
negotiation process.
4. City will make payments in a timely manner to
the Contractor as provided in the contract between owner
and contractor upon receipt by the City of acceptable
certificates of payment previously approved by the
Architect employed for this purpose.
5. During the period of construction the City
agrees to assume responsibility for contractor's com-
pliance with all labor standards provisions applicable to
the Community Development Block Grant Program. City shall
certify on each periodic request for payment that all
labor standards provisions have been satisfied.
6. Association agrees to submit all documents
relating to its ownership or right to occupy the here-
inabove described structure for approval by the City
within ten (10) days after the date of execution of this
contract.
7. As soon as practical after execution of this
agreement, Association agrees to consult with the
Architect employed to develop general constructions
criteria prior to development of any plans or drawings by
Architect. Said construction criteria shall be submitted
to the City for approval prior to development of any
723 November 8, 1984
8. It is expressly understood by Association that
this assistance is made available as part of City's
Community Development Block Grant Program, and as such,
the activities undertaken must comply with all of the
rules and regulations established by said program,
including those assurances and conditions which are
included as Part II of this contract and hereby adopted
for all purposes. Association agrees that use of this
structure shall be devoted primarily to assist low and
moderate income individuals.
9. The Association agrees to develop and maintain a
mechanism to provide affordable child care service to low
or moderate income persons.
10. Association will be required to maintain client
records which indicate the herein described day care
center will principally directly benefit persons of low
and moderate income.
11. Association further agrees to make its books nd
records available for inspection by any representative of
the City that City may determine at any mutually con-
venient time. Association also agrees to provide City
with such reports as the City may from time to time
require as proof o ' f Association's compliance with any and
all terms and conditions of the contract. All reports or
other communications relative to this agreement shall be
addressed to the Community Development Coordinator or to a
delegate expressly named by her.
12. The Association agrees to occupy and maiintain
the structure and grounds in good condition for a period
of not less than ten (10) years from the date of City
acceptance of the construction work. The maintenance of
the structure and grounds will be at the Association's
expense and not at the expense of the City of Lubbock.
The Association further agrees to maintain adequate
insurance on the existing structure and additions for a
period of not less than 10 years.
13. In the event that the Association vacates or
abandons the structure or changes the use of the structure
for any reason during this period, the Association shall
reimburse the City that sum of money expended by the City
in connection with the construction of the addition and
improvements provided for in the agreement, including but
not limited to, payments for the preparation of plans and
specifications, actual construction and supervision cost.
The City's right to reimbursement shall be calculated on
the basis of the aggregate cost amortized over a period of
ten (10) years.
14. Association agrees to indemnify and hold the
City harmless from and against all liability for injuries
or death to persons, or damage to property caused by
Associations use or occupancy of said structure, or by the
negligence of its agents or employees, and Association
shall give to City prompt and timely written notice of any
claim instituted which in any way, directly or indirectly,
contingently or otherwise, affects or might affect City
and City shall have the right to compromise and defend
some to the extent of its own interests.
15. No officer or employee of the City; no member of
its governing body; and no other public official of the
governing body of the locality in which the project is
situated or being carried out who exercises any functions
or responsibilities in the review or approval of the
undertaking or carrying out of this project shall par-
ticipate in any decision relating to this agreement which
affects his or her personal interest or have any personal
or pecuniary interest, direct or indirect, in this
agreement or the proceeds thereof.
16. No member of or delegate to the Congress of the
United States and no Resident Commissioner shall be
admitted to any share or part of this agreement or to any
benefit to arise herefrom.
17. The Association shall not assign, sell or
transfer any interest in this contract without the prior
written consent of the City thereof.
18. For purposes of determining venue and the law
governing this agreement, activities performed under this
724 November 8, 1984
19. This agreement contains the entire agreement of
the parties.
20. None of the services covered by this agreement
shall be subcontracted without the prior written consent
of the City.
IN WITNESS WHEREOF, the City and the Association have
executed this agreement as of the first day above written.
ATTEST:
/s/ Ranette Boyd
Ranette Bo_y_d_,_T1ty Secretary
/s/ Sandy Ogletree
Sandy Ogle_f_r_e_e_,7ommunity
Development Coordinator
APPROVED AS TO FORM:
/s/ Michele Glisar
Michele Glisar, Assistant
City Attorney
CITY OF LUBBOCK
/s/ Alan Henry
ALAN HENRIE-19YOR
11
DAY CARE ASSOCIATION OF
LUBBOCK
/s/ Nancy A. Benz
Nancy A. Benz
Executive Director
The City Council approved an allocation of $60,000 to
include in the 10th-Year Community Development Program
for an addition to the Carver Heights Day Care Center,
construction of a new parking lot, and a playground
area.
The City of Lubbock has presented a Funding Agreement to
the Lubbock Day Care Association for their conside-
ration. This Agreement stipulates the scope of the
project, the responsibilities of the parties during and
after construction, and other federal requirements. The
City Staff will assist the Day Care Board and Staff with
federal compliance and utilize the City's Purchasing
Department for the necessary bidding. The Day Care
Association will be responsible for the ongoing opera-
tional and maintenance expenses, and insurance.
Paragraph 13 of the Agreement states that if the Associa-
tion vacates or abandons the structure or changes the use
of the facility within the next 10 years, the City has a
right to reimbursement of the grant.
The Day Care Association has accepted the Agreement and
is ready to begin the preparation of the plans and
specifications. Staff recommended that the City Council
execute this Agreement.
Motion was made by Councilman Patterson, seconded by
Councilwoman Baker, authorizing Resolution #1862 for a
Funding Agreement with the Day Care Association as set
out above. Motion carried: 5 Yeas; 0 Nays.
84-43A-724-1184
(23.) Consider request of Southwest Airlines to lease space
formerly lease Continental Airlines at Lubbock 7—nter-
national Airport.
725 November 8, 1984
84-43A-725-1185
(24.) Consider -amendment -to -Lease -Agreement for assignment of
space- formerly-1ease d-By-ConfinentaI Airlines.
RESOLUTION #1864
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is
hereby authorized and directed to execute for and on
behalf of the City of Lubbock an Agreement Modifying
Airline Lease Agreement by and between the City of Lubbock
and Southwest Airlines Company, 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 8th day of November, 1984.
/s/ Alan Henry
ALAN HENRT,-7WYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd-,-7-ity Secretary
APPROVED AS TO CONTENT:
/s/ Marvin -Coffee
Marvin CoFT-e-e-,T-irector of Aviation
APPROVED AS TO FORM:
/s/ Michele Hart
Michele Hart,, Assistant City Attorney
AGREEMENT MODIFYING AIRLINE LEASE AGREEMENT
BY AND BETWEEN
THE CITY OF LUBBOCK, TEXAS AND SOUTHWEST AIRLINES COMPANY
This Agreement made this 8th day of November, 1984 by
and between the City of Lubbock; hereinafter referred to
as "City," and Southwest Airlines Company, a corporation
incorporated under the laws of the State of Texas with its
principal office at Dallas, Texas, hereinafter referred
to as "Lessee."
The parties to this Modification Agreement entered
into a Certificated Passenger Airline Lease on the 28th
day of April, 1977. A copy of that Lease is attached,
marked Attachment "A", and insofar as it is not incon-
sistent with the terms of this Agreement, made a part of
this Agreement.
This Modification Agreement will be cancelled
automatically in the event the bankruptcy court does not
approve Continental Airlines' rejection of their Lease
covering the exclusive lease space which is the subject of
this Modification Agreement.
The parties desire to and do hereby modify the Lease,
Attachment "A" attached, in the following respects:
1. Article I, Section 1.01 is hereby modified to
now read as follows:
ARTICLE I
LEASED PREMISES AND USES
Section 1.01 - Description of Exclusive Leased
Premises
The exclusive leased premises shall be comprised
of 7,580 square feet, more or less, in the terminal
building which are allocated, more or less, as
follows:
726 November 8, 1984
Ticket Counter
Space
920
square
feet
Office & Reservation
Space
'1,202
square
feet
Baggage & Cargo
Space
5,124
square
feet
Communications
& Operations
Space
153
square
feet
Storage Space
181
square
feet
Total Exclusive
Space
7,W
square
feet
The location of the leased premises is desig-
nated in colors on Exhibit A-1 attached hereto and by
the reference made a part hereof.
2. Exhibit "A" is hereby modified and replaced by
Exhibit "A-1".
3. Article V, Section 5.01 is hereby modified to
now read as follows:
Section 5.01 - Term
The term of this Lease shall be for a
period of one (1) year commencing on the 8th day
of November, 1984 and ending on the 8th day of
November, 1985.
4. Article VI, Section 6.01 Rental for Exclusive
Terminal Building Space is hereby modified by
changing 3,660 square feet of exclusive leased space
to 7,580_square feet of exclusive leased space and by
changing $30,195.00 per year to $62,535.00 per year.
5. That in addition to the rent to be paid by
Lessee to City under the terms of this Modification
Agreement, Lessee shall continue to pay rent as
specified in Attachment "A" on the exclusive leased
space described in Attachment "A", until Lessee
vacates such exclusive leased space. Upon vacation
of the leased space described in Attachment "A",
Lessee shall notify, in writing, the Director of
Aviation, who shall immediately inspect the premises
and endorse upon the written notice his verification,
and such notice with endorsement shall be kept in the
Director's file and copy forwarded to the City
Secretary.
6. It is further agreed that rent on the exclusive
leased space described in this Modification Agreement
begins accruing on November 8, 1984.
Executed this 8th day of November, 1984.
CITY OF LUBBOCK
BY: /s/ Alan Henry
ALAN HENRY,
OR
ATTEST:
/s/ Ranette Boyd
ane e oy ity Secretary
APPROVED AS TO CONTENT:
/s/ Marvin Coffee
Marvin o ee, erector
of Aviation
/s/ Michele Hart
Michele ar ssistant
City Attorney
SOUTHWEST AIRLINES
COMPANY
WE
ATTEST:
84-43A-726-1186
(25.) Consider Change Order for Airport Terminal Contract.
727 November 8, 1984
CHANGE
ORDER
AIA DOCUMENT G701
PROJECT: Lubbock International Airport
(name, address) Terminal Building - Phase II
Lubbock, Texas
CHANGE ORDER NUMBER: One
INITIATION DATE: 11/8/84
ARCHITECT'S PROJECT NO. 82-07-1
CONTRACT FOR: General Construction
CONTRACT DATE: June 14, 1984
TO (Contractor):
Lee Lewis General Contractor
Lubbock, Texas
You are directed to make the following changes in this
Contract:
The contractor shall provide labor and materials for the
construction of temporary facilities for use by Southwest
Airlines during construction of Phase II. The temporary
facilities shall be constructed as directed by the
architect. The total cost of this work, determined in
accordance with article 12, paragraph 12.1 of the general
conditions, shall not exceed $30,000,000.
*The actual cost of this change order shall be charged
again—st-TRe— contingency allowance, reducing its balance
by like amount, thereby rendering the original contract
sum unchanged.
Not valia unEll signea by both the Owner and Architect.
Signature of the Contractor indicates his agreement
herewith, including any adjustment in the Contract Sum or
Contract Time.
The original (Contract Sum) ............. $6,976,775.00
Net change by previously authorized
Change Orders.. .
rders....-0-
The (Contract Sum) ...................... $6,976,775.00
*The (Contract Sum) will be (unchanged)
by this Change Order ............... $
*The new (Contract Sum) including
this Change Order will be ............. $6,976,775.00
The Contract Time will be (unchanged)
by.................................... Days
728 November 8, 1984
The Date of Substantial Completion
as of the date of this Change
Order therefore is UNCHANGED
Authorized:
City of Lubbock, Texas
OWNER
Whitaker, McQueen -Jones -& -Assoc.
ARCHITECF
2517 74th Street,, -Lubbock. -Texas 79423
ADDRESS
BY: /s/ Yancy Jones
DATE: 11/02/84
Lee Lewis General -Contractor
CONIRACIOR
2521 74th Street,, -Lubbock,, -Texas 79423
ADDRESS
BY: /s/ Tom Ferguson
DATE: 11/02/84
r.1=1111in"I
City of Lubbock, Texas
OWNER
as
DATE:
On October 29, 1984, the City received a written request
from Southwest Airlines to be placed on the Council
agenda for approval to lease space formerly leased by
Continental Airlines at Lubbock International Airport.
The request had some sense of urgency as the construction
Contract for the terminal expansion of Lubbock Inter-
national Airport had been let, and would, to some degree,
affect Southwest Airlines operations.
For background purposes the following information is
given: On September 24, 1983, Continental Airlines filed
bankruptcy and ceased operations at the Lubbock Interna-
tional Airport. In January, 1984, American Airlines
notified the Airport Administration of their need to
lease the Continental space. At that time, the Airport
Board instructed the Staff to notify Continental that the
City wanted to cancel their Lease; this was done, and
subsequently, Continental Airlines notified the City
that they did not intend to resume service here and would
release their space to the Airport.
In April, 1984 Continental moved out of their space at
the Air Terminal. Following this move, a letter was sent
to American Airlines on April 11, 1984, notifying them
that they could move in. In May, 1984, Mr. Charlie
Tietje, American Airlines Manager of Facilities, reported
that American would move in the Continental space within
90 days. In July, 1984, the Airport Board gave American
60 days to decide whether or not to move. Mr. Tietje said
a definite decision would be made by September 18, 1984.
By the end of September 1984, American Airlines had not
communicated their intent to occupy the space. The
Airport Board subsequently stated that American had no
further claim on the Continental space.
In October, 1984 at the Airport Board meeting, Southwest
Airlines requested that Continental space be leased to
them, due to construction impact on their present area.
The Airport Board considered the request and American
Airlines, who was also present, reported that its
729 November 8, 1984
management had approved the move into the Continental
space. The Airport Board subsequently recommended that
City Council approve the Lease to American Airlines
based on their prior interest, and recommended that
American be given 150 days to move in.
Although before the Terminal Expansion Contract was let,
and subsequently, Southwest Airlines was made aware of
our plans and general timing to expand the Terminal, they
might not have been fully aware of the immediate impact
on their operations floor space at the apron level. In
order to tie the new Terminal building in on the east
end, adjacent to Southwest Airlines' space, approximately
470 square feet would have to be removed. The space
currently contains a break room and operations office.
The City Staff met with representatives of Southwest
Airlines and suggested temporary space located just north
of the existing space; however, Southwest Airlines had
previously rejected this idea. Southwest Airlines
representatives expressed their continued desire for the
Continental space, but, they did state their preference
of the two alternate areas identified by the Architect.
Southwest also requested that additional space be
enclosed for their baggage "make-up" area.
The following options were proposed by Staff for Council
consideration:
Option #1--Work out a satisfactory temporary space with
SouEhwest Airlines for their break room and operations
room. This would involve a Change Order for the tem-
porary space of up to $30,000, estimated by our
Architect. If this option were chosen, it would involve
a Change Order, and we would simultaneously execute a
long term Lease with American Airlines for the Contin-
ental space.
Option #2--This option would be executed if Council
chose to allow Southwest to lease the former Continental
space, and would involve amending Southwest Airlines'
Lease to occupy the space abandoned by Continental
Airlines. If this option were accepted, an amended Lease
Agreement would be executed to allow the move at no cost
to the City of Lubbock.
Mr. Bob Montgomery, Manager of Properties for Southwest
Airlines, appeared to report to Council Southwest
Airlines' continued wish to lease the space in question
and to assure Council that his company would pay rent on
both spaces until they were completely moved. He
indicated t ' hat if Option #1 were accepted by City
Council, it would be approximately 90 days before
Southwest could effect relocation to the temporary
facility as AT&T would have to run new data lines into
that area. Mr. Montgomery indicated that if Option #2
were chosen, the move could be almost immediate and would
be at no cost to the City because the data lines are in
tact and just need to be turned on. Also, Southwest
Airlines would propose to leave in tact the conveyer belt
now installed in that area, as it is operational and
would not need to be replaced for their purposes.
Mr. Montgomery pointed out further that Southwest
services Lubbock with 20 flights each day and has 64% of
the enplanements. Due to the overcrowding of the east
portion of the Terminal at this point, relocation to the
temporary facility (as in Option #1) would leave the
overcrowding in the east area. If Southwest were to be
allowed to lease the area in question, it would move that
64% to the west end of the Terminal and would, in his
estimation, relieve a large portion of the congestion in
the east area.
Mr. Tietje, appeared to request Council approval of leasing
the former Continental Airlines space to his company. He
stated that the delay in American Airlines' request to
lease to the Airport Board was that he was unable to get
clearance from the executives of his company in time to
meet the Airport Board deadlines, and did not want to
bring any information to the Airport Board of which he
could not be absolutely sure. However, he stated that
there had never been a question of whether or not
American Airlines really wanted to lease the space.
730 November 8, 1984
Mr. Tietje stated further that some of their service
area, freight area, administrative offices and some other
operations are being displaced from their present
locations due to the remodeling, and that if Option #2 is
accepted by Council, some arrangements for handling their
displacement need to be made.
Mr. Tietje agreed that American Airlines would pay rent
on both spaces, if Option #1 is accepted, beginning
immediately, although he stated that this was, in his
opinion, a bit uncommon for an airline to have to pay
rent for space of which they do not have full use. Mr.
Tietje reported further that American Airlines could be
moved in 150 days. This length of time is because
they propose to install a new type of conveyor belt and
there is a good deal of time needed to order, receive and
install this conveyed belt.
Yancy Jones, Architect for the Airport Expansion Project,
stated that actual time for completion of the temporary
facilities proposed for Southwest would, according to the
Contractor,.be about 30-45 days. He stated that plans
for relocation of the displaced American Airlines
facilities had not been completed because the Airport
Board had recommended leasing the space to American
Airlines, and therefore planning for another option had
not been thought to be needed.
Motion was made by Councilman Brown to authorize the
resolution providing for lease of the space to American
Airlines, to reject the resolution regarding the request
of Southwest Airlines to lease the space (Item #24), and
to authorize the change order (Item #25) for construction
of the temporary facilities for Southwest Airlines, as
recommended by the Airport Board. Motion died for lack of
a second.
Motion was made by Councilwoman Baker, seconded by Mayor
Pro Tem Carpenter, to not authorize Resolution providing
for lease of the space to American Airlines, to autho-
rize Resolution #1864 (Item #24) regarding the request of
Southwest Airlines to lease the space, and to not autho-
rize the Change Order (Item #25). Motion carried: 3
Yeas; 2 Nays --(Mayor Henry, Councilman Brown).
Original Covenant Not to 84-43A-730-1187
Sue filed with original (26.) Consider -a -resolution authorizing the Mayor to sign
Resolution #1865 Covenant -Not -to Sue between City of Lubbock and parties
having an-interest-in-a-111;06 acre tract out oect!Fn
13, Block -A; -Lubbock -County, Texas.
RESOLUTION #1865
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 Covenant Not To Sue
between the City of Lubbock and John Louis Quillen and
wife, Linda Anne Laddage Quillen; Martha Louise Quillen
Harmon and husband, Billy Dean Harmon; and W. E. Medlock,
Sr., attached herewith, which shall be spread upon the
minutes of the Council and as spread upon the minutes of
/
/ \
731 November 8, 1984 \
1 /
this Council shall constitute and be O part Of this
Resolution OS if fully copied herein in detail.
Passed by the City Council this 8th day 0f November, 1984.
/S/ Alan Henry
ALAN HENRY, QAYOR ! �
ATTEST:
Secretary
APPROVED AS TO CONTENT:
/s/ Jim Weston
Jim Wesect0r Of Community
Facilities
APPROVED AS TO FORM:
/s/ Michele Hart
Michele iStaMt City Attorney
84-43A-731-1188
(27.) Considera Resolution authorizing the Mayor to sign
Warranty Deed conveying Mineral Executive Rights Fo-
Block A; LubbocR-County; Texas.
RESOLUTION #1866
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 Warranty Deed between'the
City Of Lubbock and John Louis Quillen and wife, Linda
Anne [adddg8 Quillen; Martha Louise Quillen Harmon and
husband, Billy Dean Harmon, attached herewith, which shall
be spread upon the minutes Of the Council and as spread
VpOD the minutes of this Council shall constitute and be a
part of this A8GOlUtfOD as if fully copied herein in
detail.
Pd8S8d by the City Council this 8th day Of November, 1984,
/S/ Alan Henry
ATTEST:
/s/ Ranette Boyd
APPROVED AS TO CONTENT:
/6/ Jim W85tOO
J10 Weston, Dir2CtOr Of [Om0UMitv
Facilities
/s/ Michele Hart
Michele Ha-r-T-,77s-sistant City Attorney
WARRANTY DEED
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
That the City Of Lubbock, TpXdS, d Home Rule
Municipal Corporation, situated in Lubbock C0Vnty,
732 November 8, 1984
hand to Grantor by John Louis Quillen and wife,
Linda Anne Laddage Quillen of the County of
Stanislaus, State of California; and Martha Louise
Quillen Harmon and husband, Billy Dean Harmon of
Swisher County, Texas, herein called Grantees, and
other good and valuable consideration, the receipt
of which is hereby acknowledged, has GRANTED, SOLD
and CONVEYED, and by these presents do GRANT, SELL
and CONVEY to Grantees, their heirs and assigns, the
full and unqualified right to execute oil, gas, or
other mineral leases covering their undivided
one-half interest of the oil, gas, and other
minerals in, on, and under and that may be produced
from the certain lot, tract, or parcel of land lying
and being situated in Lubbock County, State of
Texas, and described as follows:
A 111.06 acre tract of land out of Section 13, Block
A. Lubbock County, Texas, and being more particularly
described -as follows:
BEGINNING at a 4" iron post at the corner of an east -west
and south fence in the north line of Section 13 found for
the northwest corner of a 286.15 acre tract of land
recorded in Volume 370, Page 55, Deed Records of Lubbock
County, Texas, said beginning corner being 159.4 feet
(57.4 varas) west of the northeast corner of said Section
13;
THENCE S. 002414011 E. generally along a fence 2629.3 feet
(946.55 varas) to a found 3/4" I.P. previously set by
fence corner post of north -south and west fence, for the
northeast corner of a 95.27 acre tract of land, for the
southeast corner of this tract;
THENCE N. 89*491 W. along the north line of said 95.27
acre tract 549.2 feet to a 1/2" I.P. set for the most
southerly southwest corner of this tract;
THENCE N. 150571 W. along a fence 1204.6 feet to a 1/211
I.P. set for a corner of this tract;
THENCE S. 890021 W. along a fence 1576.2 feet to a 1/211
I.P. set for a corner of this tract;
THENCE N. 00081 W. along a fence 769.8 feet to a 1/2" I.P.
set for a corner of this tract;
THENCE N. 450041 W. along a fence 184 feet to a 1/2" I.P.
set for a corner of this tract;
THENCE N. 830441 W. along a fence 351.6 feet to a 1/2"
I.P. set for a corner of this tract;
THENCE N. 20511 W. along a fence 145.5 feet to a 1/2" I.P.
set for a corner of this tract;
THENCE N. 870551 W. along a fence 210.6 feet to a 1/21'
I.P. set for a corner of this tract;
THENCE N. 2*2413011 W. along a fence 419.1 feet to a 3/4"
I.P. set in the north line of Section 13, Block A, Lubbock
County, Texas, for the northwest corner of this tract;
whence the northwest corner of Section 13 bears N. 89*451
W. 1941 feet;
THENCE S. 890451 E. along a fence and the north line of
said Section 13, 3154.1 feet to the PLACE OF BEGINNING.
Bearings are relative to S. 56*561 E. on P.&S.F. Railroad
across the southwest part of Section 13.
Grantor excepts from this conveyance and reserves to
itself, its assigns, and successors in interest, an
undivided one-half of the oil, gas, and other minerals in,
on and under and that may be produced from the above
described land, along with the full and unqualified right
to execute oil, gas, and other mineral leases covering its
interest in said land, and provided further that all
benefits from any such leases, including but not limited
to the consideration paid for such leases, delay rentals,
and royalties shall be owned and paid solely to the
Lessor. Grantor shall have no interest in and receive no
benefit from any such lease entered into by Grantees to
which Grantor is not a party and Grantees shall have no
interest in and receive no benefit from any such lease
733 November 8, 1984
lease the undivided one-half interest of the oil, gas, and
other minerals in, on, and under and that may be produced
from the above described land owned by each, each to lease
only his own interest and not any of the other, each
owning an undivided one-half of the oil, gas, and other
minerals in, on, and under and that may be produced from
the above described land.
This conveyance is made subject to easements and
rights -of -way of record in the office of the County Clerk
of Lubbock County, Texas, or visible on the ground.
TO HAVE AND TO HOLD the above described premises,
together with all the rights and appurtenances thereto
belonging unto Grantees, their heirs, successors, and
assigns forever; and Grantor does hereby bind itself, its
successors and assigns to warrant and forever defend the
said property unto Grantees, their heirs, successors, and
assigns against every person lawfully claiming or to claim
the same, or any part thereof.
Witness my hand at Lubbock, Texas this 8th day of
November, A.D. 1984.
/s/ Alan Henry
AEAN HENRT,__19MOR
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 ALAN HENRY, 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 8th day
of November, 1984.
/s/ Olivia R. Solis
Notary Public, Lub6ock County, Texas
Commission expires: 11/30/85
On September 13 the City Council considered Bid #8040, the
Oil and Gas Lease of approximately 1,200 acres of City
park property. At that time, a Potential legal problem
involving one of the tracts involved had come to light.
The City Council was briefed on this matter and, upon
advice of the City Attorney,.agreed to continue the bid
item until a later date.
The problem involved the 111.06 acre tract which consti-
tutes the northwest portion of Yellowhouse Canyon Park.
This property, along with the 202.82 acre tract which
abuts the State School and Texas Instruments property,
holds the most promise for oil and gas production because
of its proximity to existing wells, as well as geological
data. When the City of Lubbock purchased this property,
the former owner (Bill Harmon, et al) retained one-half
of the minerals. This in itself was not unusual, nor did
it create a problem. The problem resulted from the fact
that the owners conveyed to the City the Executive Rights
to execute Oil and Gas Leases for and on behalf of the
former owners. This meant that the City of Lubbock had a
fiduciary obligation to see that equal financial
benefits would accrue to the former owners as to the City
of Lubbock for this particular tract. Litigation could
have resulted if the former owners felt that the City had
not fulfilled its fiduciary obligation. The problem did
not involve production royalties, because the prior
owners would have been entitled to one-half of oil and/or
gas royalties from the production on this property as
prescribed by law. The problem involved the bonus money
to be paid the previous owners. Since this tract was
734 November 8, 1984
in the bid process. It was also determined that the
previous owners (Bill Harmon et al) had already leased
the 111-acre tract to Mr. W.E. Medlock, Sr., in 1980, and
the Lease was subsequently assigned to Mr. S.E. Cone, Jr.
The prior owners were paid $6,000 in bonus money. It was
the opinion of the City Attorney that the 1980 Lease was
invalid of the City of Lubbock's Executive Rights
previously conveyed. The City Attorney also maintained
that the $50,573 in bonus money bid by Mr. Medlock in Bid
#8040 should be for the City of Lubbock only, since the
bid documents called for a bid on City -owned interests
only. The documents stated that it was the responsi-
bility of the bidder to investigate ownership by other
parties and bid accordingly.
In order to clear up problems regarding the Harmon tract
and to enable the City to consider awarding an Oil and
Gas Contract, the City Attorney prepared two legal
instruments. The first instrument is a Covenant Not to
Sue which would be executed by the prior owners (the
Harmons and Quillens), W.E. Medlock, Jr., and the City of
Lubbock. This instrument outlines what has transpired in
the past and serves to hold the City of Lubbock harmless.
The second instrument, which could be approved after the
first instrument, would reconvey the Executive Rights to
Oil, Gas, or other Mineral Leases back to the prior
owners.
The Attorney representing Mr. W.E. Medlock, Sr., Mike
Borkland, notified the City Staff on October 31 that all
the parties involved had agreed to execute the Covenant
Not to Sue.
Motion was made by Councilman Brown, seconded by Council-
woman Baker, to authorize Resolution #1865, regarding the
Covenant Not To Sue between City of Lubbock and parties
having an interest in a 111.06-acre tract of Section 13,
Block A, Lubbock County, Texas (Item #26). Motion
carried: 4 Yeas; 0 Nays (Councilman Patterson absent).
Motion was made by Mayor Pro Tem Carpenter, seconded by
Councilman Brown authorizing a Resolution regarding a
Warranty Deed conveying Mineral Executive Rights to
previous owners of a 111.06-acre tract out of Section 13,
Block A, Lubbock County, Texas. Motion carried: 3 Yeas;
1 Nay --Councilwoman Baker (Councilman Patterson absent)
10riginal Oil and Gas Lease 84-43A-734-1189
�filed with original Reso- (28.) Consider a Resolution authorizing the Mayor to sign Oil
�lution #1867 an as Lease -of-Eertain City pro—pe-r-Ty—.
RESOLUTION #1867
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 Oil and Gas Lease between
the City of Lubbock and W. E. Medlock, Sr., attached here-
with, 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
735 November 8, 1984
fully copied herein in detail.
Passed by the City Council this 8th day of November, 1984.
/s/ Alan Henry
ALAN HENRT,-PA-YOR
ATTEST:
/s/ Ranette Boyd
Kanette Bo-y-d—,71-ty Secretary
APPROVED AS TO CONTENT:
/s/ Jim -Weston
Jim Weston-,11-irector of Community
Facilities
APPROVED AS TO FORM:
/s/ Michele Hart
Michele Ha-r-f-,77ssistant City Attorney
The closing date for the Oil and Gas Lease bids was July
31. Each prospective bidder was required to state on the
bid form the lump sum amount to be paid to the City as
bonus money and to provide a list of Lubbock area
producing Leases operated by the bidder, along with bank
references. Only one bid, that submitted by Mr. W.E.
Medlock, Sr., was received. It is Staff's understanding
that other prospective bidders were concerned about
possible problems regarding compliance with the Texas
Antiquities Code. Mr. Medlock bid $50,573.00 as the
bonus money amount.
The successful bidder would be bound by all the provi-
sions of an Oil and Gas Lease Agreement which was
prepared by the Legal Department and included in the bid
documents.
The Lease Agreement provides that it is the Lessee's sole
responsibility to inform himself or itself of all
applicable local, state, and federal regulations, rules
and laws, including the Texas Natural Resources Code and
the Antiquities Code of Texas, and the Lessee agrees to
comply with all these applicable laws. It would also be
the responsibility of the Lessee to inform himself of the
surface and mineral interest owned by the Lessor.
The primary term of the Lease is 3 years. Generally
speaking, it is within this period of time that the
Lessee would be expected to begin development of oil
and/or gas production in paying quantities. If after the
end of the primary period, oil or gas has not been
produced in paying quantities, the Lease would terminate.
The Lease, however, could be extended by one of several
other provisions in the lease agreement. For example, if
the Lessee is engaged in drilling operations within 60
days Prior to the end of the primary period, the Lease
would remain in effect so long as such operations were
prosecuted in good faith and in workmanlike manner. If
such operations results in production of oil or gas in
paying quantities, the Lease would be extended accor-
dingly. If drilling operations are not begun during the
first year, the Lessee must pay delay rental of $1.00 per
acre to keep the Lease in effect the second year;
likewise, a delay payment of $1.00 per acre would be
required to keep the Lease in effect for the third year
if drilling operations are not begun during the second
year. The Agreement contains provisions regarding "shut
in" royalties which pertains to natural gas. If the
leased property contains a well or wells capable of
producing gas in paying quantities, but the gas is not
produced for lack of a suitable market, the Lessee may
pay $1,200 per year for up to 3 years beyond the
primary term to keep the Lease in effect. The Lease also
provides for continuous drilling operations. This means
that the Lease would remain in force beyond the primary
period so long as not more than 6 months would expire
736 November 8, 1984
between the time that a producing well is completed or a
dry hole abandoned and the commencement of the next well.
At whatever time the Lease does terminate, the Lease
would continue for the area surrounding producing oil and
gas wells as long as such wells continue to be in
operation.
The Lessee would be required to pay to the City 25% of
the value of the gross production of oil and gas as
royalties. If oil production is less than 10 barrels per
day for a particular well, royalty on that production
would be reduced to 22%. Royalties payable under this
Lease would be made without any deductions for costs
related to producing, gathering, storing, or transporting
the oil or gas.
The balance of the Lease generally contains various pro-
visions common to oil and gas leases. These provisions
include the requirements for royalty payments and
reports, confidentiality of records, removal of equip-
ment, bore -hole surveys, drilling records, option to save
casing, well site maintenance and identification, liens,
forfeiture, assignments, approval of Lease operations
changes, use of the surface and damage compensation,
water use, indemnification, etc. The Lease prohibits
pooling or unitization unless permission is granted by
the Lessor. The City also must approve all well loca-
tions.
Motion was made by Councilman Brown, seconded by Council-
woman Baker authorizing Resolution #1867 for Oil and Gas
Lease of certain City property. Motion carried: 4 Yeas;
0 Nays (Councilman Patterson absent).
Original contract filed 84-43A-736-1190
with original Resolution (29.) Consider a -Resolution authorizing the Mayor to sign a
#1868 Contract with the lexaseparE_ment ot Health tor public
health -services.
RESOLUTION #1868
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 Local Health Department
Contract and related documents between the City of
Lubbock, Texas and the Texas Department of Health,
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 8th day of November, 1984.
/s/ Alan Henry
ALAN HENRT_WYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boya, Ci y Secretary
APPROVED AS TO CONTENT:
/s/ Bob Cass
Bob Cass, istant City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, Tssistant City Attorney
For many years, the State Health Department has supple-
mented local Health Department activities with funding
that provides additional employees, supplies, and
programming. This Contract provides for the continuation
of existing programs assuming that State funding levels
remain constant. Those programs are as follows:
737 November 8, 1984
1. Community and Rural Health --Funding for this
particular element of the Contract will run from
September 1, 1984 - August 31, 1985. Total amount
of the Contract will not exceed $118,737.84.
Basically, this funding will provide for two Public
Health Dentists (part time) and a Dental Assistant
who will work in our Dental Laboratory. Funding is
also provided for two Nurse II's, one LVN II, and
one Secretary III. These individuals supplement our
existing City Staff of 18 and provide services in
the areas of Maternity Clinics, Sexually -Transmitted
Disease Clinics, Immunization Clinics, Well -Child
Clinics, and home visits.
2. Community and Rural Health --Lab Services. Funding
for this particular element of the Contract will be
$21,420 for a period beginning October 1, 1984, and
running through September 30, 1985. This will
provide a Medical Technologist who will assist the
existing 8 City Staff members in the provision
of all laboratory services necessary to support our
Clinical and Environmental Health Programs.
3. Maternal/Child Health. Funding not to exceed
$155,415.92 is being provided for a period beginning
September 1, 1984, and running through August 31,
1985. This funding will provide a Nurse III, two
Nurse II's, a Clerk Typist II, a Community Service
Aide I, and a Clerk I and related supplies. We
project that these individuals will provide approxi-
mately 255 Family Planning Clinics and will handle
over 7,000 patient visits.
4. Bureau of Laboratories --Additional Laboratory
services. In addition to the Technologist provided
in #2 (above), the State will also provide us with
numerous supplies to assist in conducting approxi-
mately 35,500 tests. No dollar amount is cited in
this portion of the grant since the State Health
Department simply provides us with all supplies
necessary for conducting these tests.
5. Venereal Disease Control --The State will be
providing funding (not to exceed $37,140) from
September 1, 1984 through November 30, 1985. This
will provide for one Venereal Disease Control Worker
to assist in our Sexually -Transmitted Disease
Program. While the Contract document indicates that
the amount received will not exceed $37,140, we
anticipate that the amount received will be more in
the range of $24,000 since salary and fringe
benefits for this particular classification are only
approximately $2,000 per month.
The State has been revising their contracting
procedures and therefore was late in providing the
Contract to the City. This particular Contract will
continue the process whereby State -funded employees
will remain State employees and will be governed by
rules that are, in some cases, different from those
for City employees. All funds related to State
salaries go directly to the employees and do not
pass through the City organization. It is our
understanding that the State Health Department is
considering an approach whereby funds will simply be
sent directly to the City for provision of these
services. All employees under this particular
arrangement would become City employees. Again,
this is not in effect for the Contract that Council
is now considering and is only an option that the
State is considering for future contracts.
Total maximum funding to be provided by the State
(assuming that their funding levels remain constant) is
$292,713.76. These figures may decrease due to budget
constraints placed on the State or may, in other cases,
increase should additional funding become available to
the State and be passed on to local health agencies. In
addition, we will be receiving numerous supplies directly
from the State Health Department. Staff recommended this
agreement.
Motion was made by Councilwoman Baker, seconded by Mayor
Pro Tem Carpenter, authorizing Resolution #1868 as set
out above. Motion carried: 5 Yeas; 0 Nays
738 November 8, 1984
84-43A-738-1191
(30.) Consider -Standard -Utility -Agreement with the Texas State
Departmen t-ot-Hiqhways�ana-Public Iranspbrtation.
RESOLUTION #1869
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
Section 1. That the Mayor of the City of Lubbock
is hereby authorized and directed to execute for and on
behalf of the City of Lubbock a Standard Utility Agreement
with the Texas State Department of Highways and Public
Transportation, account No. 9005-27-13, CSJ No.
0067-07-063 for Interstate Highway 27 Project in Lubbock,
Texas for relocation and adjustment of water and sewer
lines from Harvard Street North to Loop 289 north and
relocation of water lines at the Broadway underpass,
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 copies herein in detail.
Section 2. That the Mayor is hereby authorized to
execute any additional agreements, statements, or
documents necessary to carry out the purposes of the
Contract hereinabove mentioned.
Passed this 8th day of November, 1984.
ATTEST:
/s/ Ranette Boyd
Ranetfe Bo-y-d-,-771ty Secretary
APROVED AS TO CONTENT:
/s/ Wilford-D.- Watson
Wi or D. Watson, -7Fief
Engineer, Water Utilities
State Department of Highways
and Public Transportation
Form D-15-35
Rev. 3-82
COUNTY Lubbock
/s/ Alan Henry
ALAN HENR7-,-WOR
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim,
Assistant City Attorney
STANDARD UTILITY AGREEMENT
PROJECT 1-27-7(8) 305
HIGHWAY Interstate 27
ACCOUNT NO. 9005-27-13
AGREEMENT NO.
CSJ NO. 0067-07-063
PARTY OF THE FIRST PART: State of Texas, acting by and
through the State Department of Highways and Public
Transportation, hereinafter called the STATE.
PARTY OF THE SECOND PART: City of Lubbock
hereinafter called the OWNER, ac-FT-55-by and through
its duly authorized representative.
WHEREAS, the STATE has deemed it necessary to make certain
highway improvements on the Interstate System as
designated by the State and approved by the Federal
Highway Administration generally described as follows:
County Lubbock Highway 1-27 located from Loop
289 North So--u'fh to,19th street and '
WHEREAS, the STATE will participate in the costs of
relocating and adjusting certain facilities to the extent
as may be eligible for State participation under Art.
6674w-4, V.A.C.S., and which costs are eligible for
Federal participation; and
739 November 8, 1984
WHEREAS, the STATE will request Federal participation in
payment of the costs incurred in the adjusting of OWNER'S
facilities under the provisions of Policy and Procedure
Memorandum 30-4, issued by the U.S. Department of
Transportation Federal Highway Administration on June 29,
1973, and amendments thereto; and
WHEREAS, execution by the STATE will constitute approval
for the Federal Highway Administration under authority of
Paragraph 16 of Policy and Procedure Memorandum 30-4; and
WHEREAS, this proposed highway improvement will
necessitate the relocation or adjustment of certain
facilities of OWNER as indicated in the following
statement of work: Relocation and adjustment of water and
sewer lines from Harvard Street north to Loop 289 North
and relocation of water lines at the Broadway underpass.
and such work is shown in more detail in OWNER'S
preliminary plans, specifications and cost estimates which
are attached hereto and made a part hereof, and which are
prepared in form and manner required by Policy and
Procedure Memorandum 30-4, and amendments thereto, and
WHEREAS, the STATE desires to implement the relocation or
adjustment of OWNER'S facilities by entering into an
agreement with said OWNER as soon as possible.
NOW THEREFORE,, BE IT AGREED:
The STATE will pay to the OWNER the costs incurred in
relocating and adjusting OWNER'S FACILITIES up to the
amount said costs may be eligible for State participation
and which costs are eligible for Federal cost
participation.
The OWNER has determined that the method to be used in
developing the relocation or adjustment costs shall be as
specified for the method checked and described hereafter;
(1) Actual direct and related indirect costs accumu-
lated in accordance with a work order accounting
procedure prescribed by the applicable Federal or
State regulatory body.
'(2) Actual direct and related indirect costs
accumulated in accordance with an established
accounting procedure developed by the OWNER and
approved by the STATE.
(3) An agreed lump sum of I , as supported
by the analysis of estimated cost —attached
hereto. (Note: This method is not applicable
where the estimated cost of the proposed
adjustment exceeds $25,000.)
If costs are developed under procedure (1) or (2) as
before specified, the STATE will, upon satisfactory
completion of the relocation or adjustment and upon
receipt of final billing prepared in form and manner as
prescribed by Policy and Procedure Memorandum 30-4 and
amendments thereto, make payment in the amount of 90% of
the eligible costs as shown in the final billing prior to
the required audit and after such audit shall make final
payment in an amount so that the total payments will equal
the amount found eligible for State reimbursement by the
final audit. When requested, the STATE will make
intermediate payments at not less than monthly intervals
to OWNER when properly billed and such payments will not
exceed 80% of the eligible cost as shown in each such
billing. Intermediate payments shall not be construed as
final payment for any items included in the intermediate
payment.
If costs are developed under procedure (3) as before
specified, the STATE will, upon satisfactory completion of
the relocations and adjustments and upon receipt of a
billing prepared in acceptable form, make payment to OWNER
in the agreed amount.
Upon execution of this agreement by both parties hereto,
the STATE will, by written notice, authorize the OWNER to
proceed with the necessary relocations or adjustments, and
the OWNER agrees to prosecute such work diligently to
completion in such manner as will not result in avoidable
interference or delay in either the STATE'S highway
740 November 8, 1984
STATE that the utility relocation has been included in an
approved program as an item of right of way acquisition
or construction, that a project agreement which includes
the work will be executed, and that the utility relocation
will be required by the finally approved project agreement
and plans.
Form D-15-48 enclosed with OWNER'S preliminary estimates
attached to this agreement, is approved as complying with
Paragraph 6 of Policy and Procedure Memorandum 30-4 and
OWNER is authorized, but not required, to contract such
work. The preliminary estimate will indicate the extent
to which work is to be performed under each contract.
Other work shall be contracted by OWNER only with approval
of the STATE in accordance with Policy and Procedure
Memorandum 30-4.
The OWNER will carry out said relocations and adjustments,
accurately record the costs, and retain such records in
accordance with applicable rules, regulations and
procedures and all other provisions of Policy and
Procedure Memorandum 30-4, and the costs paid by the STATE
pursuant to this agreement shall be full compensation to
OWNER for all costs incurred by OWNER In making such
relocations and adjustments.
Bills for work hereunder should be submitted to STATE not
later than 90 days after completion of the work.
It is necessary to construct a new replacement facility.
The replacement facility will not remain in useful service
beyond the time when the existing utility facility would
have remained in useful service or would be replaced;
therefore, a credit for expired service life will not be
allowed against the cost of the project. (Where credit is
now allowed, additional documentation supporting such
determination may be required.)
In the event it is determined that a substantial change
from the statement of work contained in this agreement is
required, reimbursement therefor shall be limited to costs
covered by a modification of this agreement or a written
change or extra work order approved by the STATE.
It is expressly understood that this agreement is subject
to cancellation by the STATE at any time up to the date
that work under this agreement has been authorized and
that such cancellation will not create any liability on
the part of the STATE.
The OWNER by execution of this agreement does not waive
any of the rights which OWNER may legally have within the
limits of the law.
RECOMMENDED FOR EXECUTION: Owner: City of Lubbock
By:
Title:
DisErict Engineer
Date:
STATE OF TEXAS
Party of the First 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 State Highway and
Public Transportation CommissioN:
By:
Right of Way Engineer for
Highways and Public Transportation
Executed and approved for State
Highway and Public Transportation
Commission under authority of
Commission Minute
741 November 8, 1984
Original Agreement filed with 84-43A-741-1192
original Resolution #1870 (31.)
This is a required Agreement between the City and the
State Highway Department in conjunction with 1-27 project
and is the first phase for relocating utilities ahead of
the sections referred to as Spur 326 and Broadway. The
Agreement will allow the City to have the utilities
relocated and provides for the State to reimburse the City
for the cost of the relocations. We recommend the
approval of the Agreement and authorize the Mayor to
execute the Agreement and to sign any related documents.
Consider -proposal -of -City -Venture -for Economic Develop-
ment, 'Str at egy; - and - au or i —ze- same.
RESOLUTION #1870
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is
hereby authorized and directed to execute for and on
behalf of the City of Lubbock an agreement for an assess-
ment and associated documents designed for small business
and job creation within the City of Lubbock to be per-
formed by City Venture Corporation of Minnesota, which
agreement is attached herewith which shall be spread upon
the minutes of the Council and as spread upon the minutes
of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
Passed by the City Council this 8th day of November, 1984.
/s/ Alan Henry
ALAN HENRT,—RAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, Ci y Secretary
APPROVED AS TO CONTENT:
/s/ Rickey Childers
Rickey Childers, Assistant to the
City Manager
APPROVED AS TO FORM:
/s/ Donald G.- Vandiver
7o—nald G. Vand7iv`e_r,_Ts_sistant City
Attorney
City Venture Corporation, a consortium of notable
American corporations, was created to address the
revitalization and growth needs of United States' cities.
Because of City Venture's work with other cities and its
purposes and goals, Staff has visited with City Venture
to assist Lubbock in looking at its Economic Development
Strategy for the next several years. City Venture
prepared a proposal to the City of Lubbock and this
proposal is designed to coordinate with the Lubbock: 2005
Committee and is suggested as a positive step for the
City Council in taking a leadership role in the economic
development of our community.
The proposal submitted by City Venture would include
three major areas and these are as follows:
1. To evaluate existing Economic Development
Programs in the City.
2. To develop a strategy to encourage the establish-
ment of new businesses and expansion of
existing businesses.
3. To develop a strategy to attract businesses to
the City of Lubbock from outside of the West
Texas area.
Staff recommended that Council approve this proposal and
Contract with City Venture for an Economic Develooment
742 November 8, 1984
r-7
Motion was made by Councilwoman Baker, seconded by
Councilman Patterson authorizing Resolution #1870
regarding Contract between the City of Lubbock and City
Venture, said Contract to be approved according to
Section 3 of Ordinance #8652 and Section 10 of Ordinance
#8057, and that funds be allocated for the payment of the
Contract. Motion carried: 5 Yeas; 0 Nays.
84-43A-742-1193
(32.) Consider -a -Resolution -approving and ratifying the Codes
Adminis trafor's-interpretation of Ehe Zoning Urainance
as -it -re lates- o-non=commerciai signs.
RESOLUTION #1871
WHEREAS, the City of Lubbock has historically
declined to attempt any control over the subject matter of
both commercial and noncommercial signs, billboar ds—a-7
other advertising devices and displays; and,
WHEREAS, at the time of enactment of Ordinance No.
7084, the intent and purpose of the sign and billboard
regulations was to promote traffic safety and preserve and
protect the neighborhood values of all of the citizens;
and,
WHEREAS, the Codes Administrator has consistently
interpreted the few provisions relating to message or
content of advertising in the Ordinance as applicable to
commercial messages only; and,
WHEREAS, by virtue of repeated and consistent
interpretations of said Ordinance by the Codes Adminis-
trator, properly installed, sized and located designs,
billboards and other advertising devices allowed in each
or any district by this Ordinance have been held entitled
to display noncommercial messages or contents without
regard to the "on premise" or other language content
limitations applicable to commercial signs; and,
WHEREAS, some question has been raised as to whether
these consistent interpretations by the Codes Adminis-
trator are consistent with the intent of the City Council
of the City of Lubbock, Texas, in the enactment and
enforcement of Ordinance No. 7084; and,
WHEREAS, to eliminate any question or confusion as to
these interpretations the Codes Administrator has sub-
mitted to the City Council his most recent Administrative
Decision for our determination as to its consistency with
the intent of the City Council in the adoption and
enforcement of Ordinance No. 7084, of the City of Lubbock,
Texas; and,
WHEREAS, the City Council having examined this
Administrative Decision by the Codes Administrator and
finding that same is consistent with the intent of the
City Council of the City of Lubbock, Texas, in the
enactment and enforcement of said Ordinance No. 7084; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
The amended Administrative Decision by the Codes
Administrator of the City of Lubbock, Texas, dated the 1st
day of November, 1984, a copy of which is attached hereto
and incorporated herein by reference for all purposes, is
hereby found by the City Council to be wholly consistent
with the intent of the City Council of the City of
Lubbock, Texas, in the enactment and enforcement of said
Ordinance No. 7084; and is hereby in all things ratified
and confirmed by the City Council of the City of Lubbock,
Texas;
Should any reasonable questions persist after the
passaqe of this Resolution, the Codes Administrator in
conjunction with the City Attorney, shall commence
preparation of such amendatory instruments as necessary,
if any, to cause, in the manner provided by law, the
amendment of said Ordinance No. 7084, to unequivocally
express and reflect specifically and affirmatively the
above expressed intent of the City Council.
743 November 8, 1984
The requirements of permits and restrictions on time,
place, size, height, setback, separation and districts of
location of each type of sign, billboard or other adver-
tising devices, were enacted as reasonable and necessary
limitations essential to the promotion of traffic safety
and other interests of the public health, safety and
general welfare of the citizens of the City of Lubbock,
Texas, as set out among the purposes in the enactment of
said Ordinance No. 7084. These limitations shall be
interpreted as applicable to all legally installed signs,
billboards, etc., without regard to message or content.
Any lawfully erected and existing sign, billboard,
etc. under said Ordinance No. 7084, may be utilized for
any noncommercial message irrespective of any language of
the Ordinance which might be subject to interpretation to
the contrary. On premise or other content or message
limitations shall always be construed and interpreted as
only applicable to commercial signs.
The determination of what messages or content is
subject to noncommercial protection under the First
Amendment to the U.S. Constitution, shall be by deter-
mination by the judiciary under Sec. 29-31 (c) of said
Ordinance No. 7084, of the City of Lubbock, Texas.
Passed by the City Council this 8th day of November, 1984.
ATTEST:
/s/ Ranette-Boyd
Ranette Bo_y_d_,7Tty Secretary
APPROVED AS TO CONTENT:
/s/ Rod Bouffard
Rod Bouffard, Co es
Administrator
/s/ Alan Henry
HLNKY, MAYOR
APPROVED AS TO FORM:
/s/ James P. Brewster
James P. Fewster, evil
Trial Attorney
ADMINISTRATIVE -DECISION OF THE CODES ADMINISTRATOR
Administrative Decision Concerning Signs and Their
Placement November 1, 1984.
November 1, 1984
Any sign or billboard allowed at any location in the
City of Lubbock by Zoning Ordinance No. 7084, may be
utilized for noncommercial messages. Any limitations in
the Ordinance as to sign subject matter, or 'limitations as
to on premise goods or activities shall have no appli-
cation to noncommercial messages. However, all res-
trictions of this Code as to sign or billboard size,
setback, square footage, height, permits, etc., shall
apply to all signs without regard to the subject matter of
any display whether the message be commercial or non-
commercial.
By the term noncommercial is meant any subject matter
of a political, religious, charitable or eleemosynary
nature; any message of belief, faith, opinion, or pre-
ference not pertaining to a commercial activity or
product; and any other social, sociological, or phi-
losophical interest or ideal; and any other noncommercial
activity or idea recognized by judicial decree as being
subject to protection by the First Amendment to the United
State Constitution.
Challenge by the zoning officials as to whether any
message is in fact a protected noncommercial message, may
be raised only by the judicial remedy provided in Section
29-31 (c) of this Ordinance, when any substantial dis-
agreement develops.
/s/ Rod Bouffard
Rod Rouffard, Co es
Administrator
744 November 8, 1984
The United States Supreme Court ruled in a billboard case
entitled Metromedia-, Inc. --et al v. City of San Diego et
al, that WiMe sign and billboard control by municipa-
lities could include reasonable regulation of even
non-commercial signs, that an ordinance would fail if
non-commercial signs were treated less favorably than
commercial signs. Our Zoning Ordinance was designed to
not regulate content or messages on signs; however, we do
have certain provisions as to "on premise" requirements
that might be subject to interpretation as a prohibition
of non-commercial signs. The Codes Administration
Department, however, has never interpreted nor applied
this type of language to prohibit the display of non-
commercial messages on any lawfully installed or erected
commercial signs or billboards.
Staff recommended that Council approve this resolution.
Motion was made by Councilman Patterson, seconded by
Councilwoman Baker to authorize Resolution #1871 as set
out above. Motion carried: 5 Yeas; 0 Nays
84-43A-744-1194
(33.) BID #8143--Vibration monitor (Electric Production).
Bently Nevada Corporation, Houston, Texas--1 each
vibration monitor turbine supervisory instrumentation
system 9000 Monitoring System.
84-43A-744-1195
(34.) BID #8169—Transmission Poles (Electric Distribution).
J.H. Baxter, Algonquin, Illinois--10 each 100' class H4;
11 each 95' class H6; 1 each 90' class H6; 6 each 85'
class H6; 3 each 80' class H6.
84-43A-744-1196
(35.) BID #8217--Hydrogen, Oxygen, Acetylene, Nitrogen (various
deparEmen Ts-F.
Big Three Ind., Lubbock, Texas--350,000 cubic feet (more
or less) Hydrogen in either 191 or 300 c.f. drums; Oxygen
in either 244 or 300 cubic feet cylinders; Acetylene in
either 244 or 300 cubic feet cylinders; Nitrogen.
84-43A-744-1197
(36.) BID #8221--Control salt (Street Department).
United Salt Corporation, Houston, Texas --To establish a
firm price for ice control salt for a period of one
year.
84-43A-744-1198
(37.) BID #8253--Kitchen equipment (Administrative Services).
Lubbock Restaurant Supply, Lubbock, Texas --Solid top
units--2; manual fill ice cube dispenser with water
dispenser; two compartment stainless steel sink 48" round
tables--10.
White Swan, Lubbock, Texas --cold pan unit-1; hot food
unit-1; serving shelf with glass protector-1; glass
display shelves for cold pan unit-1; commercial food
disposer; portable hot food table; two -section reach -in
refrigerator; one -section reach -in freezer; single
spindle mixer-1; natural gas range with six open burners,
fry top and two ovens-1; stainless steel table-1; wire
shelving units-3; serving shelf with glass protector for
portable hot food unit-1; stacking chairs-50.
Odessa Hotel Supply, Odessa, Texas --pot holding
warmer-4; instant iced tea dispenser-1; commercial
electric meatslicer-1.
Food Service Equipment and Supply, Lubbock, Texas --double
pot coffee maker with auto fill and hot water faucet;
detachable drainboards.
84-43A-744-1199
(38.) BID #8276--Bathroom tissue (Warehouse).
Pollock Paper, Lubbock, Texas--200 cases (more or less)
bathroom tissue, 96 rolls per case, 1000 sheets per roll.
To be delivered and billed in 25 case lots as requested.
745 November 8, 1984
Motion was made by Councilman Patterson, seconded by
Councilwoman Baker authorizing low bids on Bid Ps 8143,
8169, 8217, 8221, 8253, and 8276, as set out above.
Motion carried. 5 Yeas; 0 Nays.
84-43A-745-1200
(39.) BID #8301--Movers-to-relocate City Hall (Administrative
Services).,
Armstrong Moving and Storage, Lubbock, Texas --Moving
furniture and equipment to the City Municipal Building
located at 1625 13th Street from the City Municipal
Building at 916 Texas Avenue.
Motion was made by Councilman Brown, seconded by
Councilman Carpenter authorizing the bid award to
Armstrong Moving and Storage of Lubbock, Texas. (Low
bidder Movers World Van Lines U-Haul Company of Amarillo
was not given the award because they had no local
experience in a large move.) Motion carried: 5 Yeas; 0
Nays
Mayor Henry adjourned the meeting at 11:40 a.m.
ATTEST:
READ AND APPROVED THIS 15th DAY OF NOVEMBER, 1984.
ATTEST:
ITY SECRETARY