HomeMy WebLinkAboutMinutes - City Council - Regular - 12/13/1984763
REGULAR CITY COUNCIL MEETING
MINUTES
DECEMBER 13, 1984
The City Council of the City of Lubbock., Texas met in regular session on the
I3th day Of November, 1984, in the City Council Chambers, first floor, City
Hal(, 1625 I3th Street, at 9:30 a.m.
Present: Mayor Alan Henry, Mayor Pro Tem George Carpenter, C0UDCil0dO T.J.
Patterson, C0UnCi70dO E. Jack Brown, COUnci!#U0Dn Joan Baker, COVDCilw00OD
Maggie Tre'O, Councilman Bob Nash, City Manager Larry J. Cunningham, City
Attorney John C. Ross, Jr., and City Secretary Ranette Boyd.
Mayor Henry called the meeting to order at 9:30 a.m.
84-43A-703-1238
/ l.\
84-43A-763-1239
( 2.)
84-43A_763-I240
/ 3.\
84-43A-763-I241
The invocation was given by Mayor Alan Henry.
The Pledge Of Allegiance to the Flag was given in UDiG0n
by those in the Council Chambers.
Joy RidlehUber, Housing Standards Commission
George Jury, DVM, City Health Board
Michael Gatewood, Zoning Board of Adjustment
/ 4.\ Motion was made by COUDcil0dD T. J. Patterson, seconded
by COUnCilwV0dD Joan Baker, approving the minutes of the
November 15, 1984 regular City Council meeting and the
November 30, 1984 special called City Council meeting.
M0tf0D carried: 7 Yeas; 8 Nays.
84-43A-763-1242
/ 5.) Marjorie Kastman, Chairperson f the Committee for WO08
will Present the Work Plan for the Committee.
In June, 1984, the City Council created the Committee for
Women. The Ordinance specified that the Committee would
be responsible for developing a Plan with assistance from
the City Of Lubbock Staff, to fulfill the responsibili-
ties Set forth in the Ordinance. The Plan was to have
been completed within six months after final passage of
the 0rd1DdOC8 and was to have been submitted to the
Community Services Commission for review and then to the
City C0U0Ci7 for final approval.
Marjorie KdstnaD, Chairperson of the Committee for Women,
appeared to present the Plan and to give a brief report
of the activities Of the Committee. She stated that the
Committee was concerned that the Plan, which would govern
their activities for the next two years, adequately
address the problems and needs of the women in this
community. TO assess the problems within the community
and to assist the Committee in establishing priorities on
the various tasks to be completed Over the next two
years, the Committee undertook several activities. These
included a qUeSt10OOdir8 which was developed and dis-
tributed to various wO08O/S civic and social organiza-
tions, Public Hearings which were held at community
centers and the Branch Library, and O workshop facili-
tated by Gay Irwin, Executive Director Of the Governor's
Commission OO Women, which was held in October. From this
information, the Committee developed O Plan which
1MClUd2d goal statements and specific objectives to be
achieved.
The Plan also included activities that would be under-
taken to achieve the objectives outlined. The goals
which are to serve as d guide to the Committee are as
764 December 13, 1984
1. To serve as a clearinghouse to assimilate and
disseminate information concerning women.
2. To coordinate and support efforts to identify
opportunities, needs and problems for all women
in the community.
3. To recognize the contributions of women in
Lubbock and to encourage the development of the
potential of women.
4. To encourage the development and implementation
of programs to educate, stimulate and involve
Lubbock women.
The activities to be undertaken are as follows:
Establish a talent bank.
Develop an inventory of women's services.
Create a women's organization network.
Create a task force on child care.
Create a task force on employment for
women.
Publish a handbook on City Boards and
Commissions.
Publish a newsletter and calendar of events.
Hold an annual Pathfinders Recognition
Reception.
Publish a list of hotline numbers.
Maintain a positive public relations effort.
The Staff prepared a tentative budget which would be
required to support the activities outlined in the Plan
developed by the Committee for Women. The expenditures
are primarily for office supplies, printing, postage,
limited travel and some refreshments for Board and
Committee meetings. The budget covering a nine -month
period is as follows:
Board Meetings
$1,080
Travel*
1,500
Postage
750
Supplies
400
Special Projects:
Pathfinders Reception
700
Task Force --Child Care
50
Task Force --Employment
50
Advertisements, Brochures,
PSA's 300
Women's Services Inventory
150
Talent Bank
75
Newsletter
750
Handbook --City Boards
800
Hotline Numbers
200
TOTAL 16,805
*(2 persons to attend Women's Legislative Day
February, 1985; Women in Texas History Day
September, 1985; 1 State Conference)
The Community Services Commission reviewed the Work Plan
at their November 28 meeting and recommended Council
approval. Staff also recommended Council approval of the
Plan and requested instructions to examine potential
funding sources for the proposed projects.
Motion was made by Councilwoman Baker, seconded by
Councilwoman Trejo accepting the Work Plan of the
Committee for Women as recommended by the Community
Sevices Commission and the Staff, and instructing Staff
to examine potential funding sources. Motion carried: 7
Yeas; 0 Nays.
December 13, 1984 765
a
84-43A-765-1243
( 6.) A member of the Lubbock Chapter of the American Institute
of Architects will present a Resolution supporting the
Site Plan Policy of the City Council.
Following the recent zone case at the southwest corner of
Slide Road and 82nd Street requiring site plans and
architectural elevations of commercial zoning, the
Planning Department Staff utilized the Council decision
as a "policy" approach for future similar cases. The
Policy is as follows:
Site Plan Zoning Policy
Due to recent policy decisions by the City Council, the
following policies should be incorporated into large,
multiple structure commercial developments at or near the
intersections of major thoroughfares:
A. At the time of the Zone Case before the P&Z
Commission:
Any commercial tract in the future (that
carries a requirement for future site plan
review) should be worded as follows: "A site
plan, including building elevations showing
materials, color, and texture, shall be
submitted to and approved by the P&Z Commission
and the City Council on the entire tract under
this Zoning Ordinance, prior to issuance of a
building permit."
B. At the time of submittal of the site plan, the
following statement shall be affixed to the
plan:
"All buildings on the total development tract
for this zone case shall be consistent and
compatible with the material, color, texture,
and elevation submitted with the site plan".
Members of the Executive Committee of the Lubbock Chapter
of A.I.A. discussed the Policy and recommended that the
A.I.A. Chapter endorse the Policy. The A.I.A. Chapter
passed a Resolution unanimously on November 27, 1984 and
Mike Landers and Mike Briggs appeared before Council to
present this Resolution.
WHEREAS, the members of the Lubbock, Texas Chapter
of the American Institute of Architects seek to
enhance the built environment through excellence in
design and
WHEREAS, the future quality and growth of the built
environment in Lubbock is affected by sound zoning
policy and
WHEREAS, the Mayor and City Council of the City of
Lubbock, Texas have provided the leadership to adopt
a policy which will upgrade zoning requirements at
major intersections within the City
THEREFORE, BE IT RESOLVED
That the Lubbock, Texas Chapter of the American
Institute of Architects commends and endorses the
intent of the City Council's Policy on zoning at
major intersections.
BE IT FURTHER RESOLVED THAT THIS RESOLUTION BE
PRESENTED TO THE MAYOR AND CITY COUNCIL OF LUBBOCK,
TEXAS.
84-43A-765-1244
( 7.) ORDINANCE #8689--Consider an Ordinance on second reading
annexing a certain area of land between Avenue U and
Avenue P, from 82nd Street to 98th Street.
766 December 13, 1984
ORDINANCE NO. 8689
AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF LUBBOCK, TEXAS,
WHICH AREA IS DESCRIBED HEREIN AND IS ADJACENT TO AND ABUTS THE EXISTING
CITY LIMITS OF THE CITY OF LUBBOCK, TEXAS; PROVIDING FOR INCLUSION OF A
SERVICE PLAN; PROVIDING FOR CORRECTION OF THE CITY MAP TO INCLUDE THIS
ADDITIONAL TERRITORY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFEC-
TIVE DATE.
City Attorney John Ross read the caption of Ordinance
#8689, and highlighted other portions of the Ordinance
for Council.
Motion was made by Councilwoman Baker, seconded by
Councilman Patterson, passing Ordinance #8689 on second
and final reading. Motion carried: 6 Yeas; 1
Nay --Councilman Nash.
84-43A-766-1245
( 8.) ORDINANCE #8688--Consider an Ordinance on second reading
annexing a certain area of land between Frankford Avenue
and Milwaukee Avenue, from 82nd Street to 98th Street.
ORDINANCE NO. 8688
AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF LUBBOCK, TEXAS,
WHICH AREA IS DESCRIBED HEREIN AND IS ADJACENT TO AND ABUTS THE EXISTING
CITY LIMITS OF THE CITY OF LUBBOCK, TEXAS; PROVIDING FOR INCLUSION OF A
SERVICE PLAN; PROVIDING FOR CORRECTION OF THE CITY MAP TO INCLUDE THIS
ADDITIONAL TERRITORY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFEC-
TIVE DATE.
City Attorney John Ross read the caption of Ordinance
#8988, and highlighted other portions of the Ordinance
for Council.
Motion was made by Councilman Patterson, seconded by
Councilwoman Baker, passing on second and final reading
Ordinance #8688 as set out above. Motion carried: 7
Yeas; 0 Nays.
84-43A-766-1246
(10.) Consider a Resolution accepting Broadway brick renovation
from Avenue U to Avenue V Constructed by Kerr Construc-
tion Company.
RESOLUTION #1881
RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED
BELOW:
WHEREAS, the City of Lubbock heretofore entered into contract with
Kerr Construction Company, C.D.W.O. 068336 for the making and construction
of street improvements in said City including among others the following:
Broadway Brick Renovation from Avenue "U" to Avenue "V".
AND WHEREAS, the improvements upon the said portion of the above
mentioned street have been inspected and found to have been constructed in
accordance with terms of said contract C.D.W.O. 068336.
THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS:
That the improvements on said portion of the above mentioned street be
and the same are hereby accepted, and the City Engineer be and he is hereby
authorized to direct payment of the City's final portion of the cost in the
amount of $7,607.53.
December 13, 1984
767
II.
This resolution shall take effect and be in force from and after its
passage.
PASSED AND APPROVED THIS 13TH DAY OF DECEMBER, 1984.
/s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Don Jennings
Don Jennings, City Engineer
APPROVED AS TO FORM:
/s/ John C. Ross
John C. Ross, Jr., City Attorney
This is a routine item, accepting work of Kerr
Construction Company on the Broadway brick renovation
from Avenue U to Avenue V.
84-43A-767-1247
(11.) Consider a Resolution accept
constructed by Kerr Construc
Meadows Addition, Tracts D &
RESOLUTION #1882
ing paving improvements
tion Company in Western
RESOLUTION #1882
RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED
BELOW:
WHEREAS, in conformance with the paving requirement provisions of City
Ordinance 1331, the subdivider of Western Meadows Addition, Tracts "D" and
"E" made arrangements with Kerr Construction Company for the construction
of paving improvements on a certain street 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
street:
56th Street from 157 feet east of east property line of Slide Road to
266 feet east of east property line of Slide Road known as New
Subdivision Number 2031-75.
AND WHEREAS, the construction of the above improvements on the above
mentioned street was performed under the supervision of the City Engineer,
and said improvements 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:
I.
That the improvements on said portions of the above mentioned street
be and the same are hereby accepted.
II.
This r8S0lQtiOO shall take effect and be in force from and after its
passage.
PASSED AND APPROVED THIS 13TH DAY OF DECEMBER, 1984.
Alan Henry
ALAN HENRY, MAYOR
ATTEST:
Rdnette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Don Jennings
Don Jennings, City Engineer
APPROVED AS TO FORM:
John C. Ross, Jr., City Attorney
CONSOLIDATED FINAL ESTIMATE
WESTERN MEADOWS ADDITION
TRACTS »D" AND "Ell
UANTlTIE3
Sub -Unit Location A.C. Pvmt.
Curb
Concrete
Saw-
3011
C&G
Pvmt�l
Patching on
&
Paving w/
tooth
Down
Remv.
& basile
existing
Gutter
6" thick,
G & G
Curb
&
remvl�l &
caliche
5% air
Disposal
disposal
entrained
Type IC 3600
psi concrete
2O3I-75
56th Street
from I57/ E
of EPL of
Slide Road
to 266' E
Of EPL of
Slide
Road
COST DISTRIBUTION
Unit &
203l-75
* Lump Sum Contract
84-43A-767-1248
Contract
Cost
$12.025.00
Developer
Cost
This is d routine acceptance of improvements required in
rep]dttiOg the area and included the cul-de-sac con-
struction east Of Slide KOOd On 56th Street. No City
cost was due the [ODtFdCtO7, and development is in
accordance with the approved Land Use Plan along the east
Side of Slide Road east of the Mall.
Consider d Resolution accepting ai improvements
constructed by West Texas Paving in Toledo United Metho-
dist Church Addition, Tract B.
RESOLUTION #1883
December 13, 1984 769
RESOLUTION #I883
RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED
`WHEREA3, in conformance with the paving requirement provisions of City
Ordinance 1331, the subdivider Of Toledo United Methodist Church Addition
Tract oB» made arrangements with West Texas POVfOg for the construction Of
paving improvements on a certain street dedicated in said subdivision under
thg'prOyjs1ODs of said Ordinance prior to the recording of the sUbdƒY1SiVO
plat db0Y8 mentioned including the following streets:
The North half Of 84th Street from 7.00 feet East of the East property
line Of the alley east of Utica Avenue to the center line Of Toledo
AV8OUe: known and designated as sub -unit number 69 Of Unit Number
2030.
AND WHEREAS, the construction of the dbOV8 improvements on the above
mentioned Street was performed under the supervision of the City Engineer,
and said improvements 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:
I.
That the improvements on Said portions of the above mentioned street
be and the same are hereby accepted and the City Engineer be and he is
hereby authorized to direct the payment of the Citv'S portion Of the cost
in the amount of $561.60.
II.
This resolution shall take effect and be in force from and after its
passage.
PASSED AND APPROVED THIS 13TH DAY OF DECEMRER, 1484.
Alan Henry
ALAN HENRY, MAYOR
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Jennings
APPROVED AS TO FORM:
John C. Ross, Jr., City Attorney
CONSOLIDATED FINAL ESTIMATE
NTITIES
Unit & S.Y.
L.F.
3.Y L.F.
L.F.
L.F.
S.Y.
Sub -Unit Location I-1/2" A.C.
Curb
Concrete 3awtOOth
30"
C&G
PNnt
Pavement
&
Paving C&G
Down
RemV.
& Base
Patching VD
Gutter
w/ h" thick
Curb
&
Re0Y.
existing
5% air
Disp0S.
&
cdliche base
entrained
DispVs.
Type IC 3600
psi concrete
2031-75 56th 3t.fr0m
I57/ E of
Slide Rd. to
266/ E Of EPL
of Slide Rd. 35.00 143.52 289.45 89.00 108.00 102.00 100.00
770 December 13, 1984
COST DISTRIBUTION
Unit &
Sub -Unit
2031-75
*Lump Sum Contract
84-43A-770-1249
(13.)
Contract
Cost
$12,025.00
Developer Cost
Cost
$12,025.00
This is a routine acceptance of improvements required at
the time of platting. These improvements are on the
north side of 84th Street extending west from Toledo
Avenue. There is City cost of $561.60 which involved
removal of some existing asphalt paving and re -paving
with concrete valley gutter to make the drainage work in
the intersection at Toledo Avenue.
Motion was made by Councilman Nash, seconded by
Councilwoman Trejo, authorizing Resolution #'s 1881 (Item
#10), 1882 (Item #11), and 1883 (Item #12), as set out
above. Motion carried: 7 Yeas; 0 Nays.
Consider a Resolution authorizing the Mayor to execute
Change Order No. 2 to the 1984 City Warehouse and Parkin
Lot Improvement contract with Kerr Construction Company
RESOLUTION #1884
RESOLUTION 1884
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 Change Order
No. 2 adding paving quantities to existing contract, G.W.O. 921501, for
paving improvements between said City and Kerr Construction 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 13th day of December, 1984.
/s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Don Jennings
Don Jennings, City Engineer
/s/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
This Change Order is for the addition of one parking lot
to the existing Contract with Kerr Construction Company.
This parking lot is an expansion of existing parking
facilities located on the north side of the Municipal
Coliseum at Tech Freeway and 6th Street. The total
771 December 13, 1984
84-43A-771-1250
(14.)
estimated construction cost for these paving improvements
is $24,383.04 with approved funding through Parks Depart-
ment. Assistant City Manager Bob Cass and representa-
tives of the Parks Department Staff have received
necessary approval of Texas Tech officials. The Con-
tractor understands and agrees to finish all other
parking lots on this Contract prior to beginning con-
struction on any other project.
Motion was made by Councilman Brown, seconded by Mayor
Pro Tem Carpenter, authorizing Resolution #1884 as set
out above. Motion carried: 7 Yeas; 0 Nays.
Consider a Resolution setting date and time for Public
Hearing to consider Amendment to Urban Renewal Plan for
the Lubbock Neighborhood Development Program, Project
RESOLUTION #1885
RESOLUTION 1885
RESOLUTION PROVIDING FOR NOTICE OF MEETING AND PUBLIC HEARING BEFORE
THE CITY COUNCIL OF THE CITY OF LUBBOCK CONCERNING THE APPROVING OF AN
AMENDED URBAN RENEWAL PLAN FOR THE LUBBOCK NEIGHBORHOOD DEVELOPMENT
PROGRAM, PROJECT NO. TEX. A-14(C), AND PROVIDING FOR NOTICE OF SUCH MEETING
AND HEARING.
WHEREAS, the Urban Renewal Law of the State of Texas requires the City
Council to hold a public hearing on a proposed Urban Renewal Plan before it
may approve the Urban Renewal Plan after notice of hearing has been given
by publications in the manner described and the City Council may proceed
with such hearing after it has received recommendations from the Planning
and Zoning Commission and the Urban Renewal Agency as to a Plan conforming
with the general plan for development of the City as a whole; and
WHEREAS, said Urban Renewal Law of the State of Texas makes the same
requirements for an Amended Urban Renewal Plan; and
WHEREAS, an amendment dated November 20, 1984, consisting of a
boundary revision deleting a certain area from the Lubbock Neighborhood
Development Program Urban Renewal Plan Area, was presented to this body;
and
WHEREAS, said amendment to the Urban Renewal Plan for the Lubbock
Neighborhood Development Program, Project No. TEX. A-14(C) was reviewed and
approved by the Planning and Zoning Commission on December 6, 1984, and by
the Urban Renewal Agency of the City of Lubbock on November 20, 1984, and
recommendations were made to the City Council; and
WHEREAS, said amendment and recommendations have been reviewed by the
City Council of the City of Lubbock; and
WHEREAS, it is the purpose and intent of the City Council of the City
of Lubbock, on this date and at this time and place specified in the form
of notice contained in Section 1 hereof, to hold a public hearing on the
question of adopting on first passage an Ordinance to approve and adopt
said amendment to the Urban Renewal Plan ; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the following notice is hereby ordered to be
published by the City Council of the City of Lubbock, said notice to be
published in the December 23, 1984, December 30, 1984 and January 6, 1985,
issues of the Lubbock Avalanche -Journal (a newspaper having a general
circulation in the City of Lubbock) said notice to be in the following
form, to -wit:
"NOTICE OF MEETING AND PUBLIC HEARING BY THE CITY COUNCIL OF THE CITY
OF LUBBOCK CONCERNING THE APPROVING OF AN AMENDED URBAN RENEWAL PLAN
FOR THE LUBBOCK NEIGHBORHOOD DEVELOPMENT PROGRAM, PROJECT NO. TEX.
A-14(C)"
"Pursuant to the provisions of the Urban Renewal Law of the State of
Texas, notice is hereby given that the City Council of the City of
Lubbock will meet at the Municipal Building at 1625 13th St., in the
City Council Chamber, on the 24th day of January, 1985, at 1:45
o'clock P.M., C.S.T., at which time and place said Council will
772 December 13, 1984
conduct a public hearing on the question of, and will consider and
determine whether or not it will approve an amendment to the Urban
Renewal Plan for the Lubbock Neighborhood Development Program, Project
No. TEX. A-14(C) consisting of a boundary revision deleting a certain
area from said program.
At the aforesaid public hearing, each person will be given full
opportunity to be heard, either in person or by his counsel, relative
to the subject being considered, and likewise to present to and file
with the City Council for its consideration, his written comments and
recommendations relative to the subject."
SECTION 2. THAT the City Council shall meet on the date and at the
time and place specified in the form of notice and contained in Section 1
hereof and shall then and there hold a public hearing on the question of
and consider and determine if it should pass on first reading an Ordinance
to approve and adopt said amendment to the Urban Renewal Plan.
Passed by the City Council this 13th day of December, 1984.
/s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Jim Bertram
Jim Bertram, Assistant City Manager
for Development
APPROVED AS TO FORM:
/s/ Laura J. Monroe
Laura J. Monroe, Assistant City Attorney
This Amendment is necessary to omit the territory being
considered in the Memorial Center/Riverwalk Project from
the original N.D.P. Urban Renewal Plan. This territorial
deletion will keep the balance of the original N.D.P.
Plan intact and consistent with the State Urban Renewal
Law.
The Amendment was approved by the Urban Renewal Board on
November 20, 1984 and by the Planning Commission on
December 6, 1984.
The public hearing was suggested to be set for the
regular Council meeting on January 24, 1985, at 1:30
p.m., with advertisement in the paper of the hearing to
be published on December 23, 1984, December 30, 1984,
and January 6, 1985.
Motion was made by Councilwoman Baker, seconded by
Councilman Patterson, setting date and time for Public
Hearing to consider Amendment to Urban Renewal Plan for
the Lubbock Neighborhood Development Program, Project
#Tex. A-14 (C) for 1:30 p.m., January 24, 1985. Motion
carried: 7 Yeas; 0 Nays.
84-43A-772-1251
(15.) Consider a Resolution setting date and time for Public
Hearing to consider Amendment to Memorial Center Complex
Urban Renewal Plan Project #Tex. R-138 C .
RESOLUTION #1886-A
RESOLUTION 1886-A
RESOLUTION PROVIDING FOR NOTICE OF MEETING AND PUBLIC HEARING BEFORE
THE CITY COUNCIL OF THE CITY OF LUBBOCK CONCERNING THE APPROVING OF AN
AMENDED URBAN RENEWAL PLAN FOR THE MEMORIAL CENTER COMPLEX URBAN RENEWAL
AREA, PROJECT NO. TEX. R-138(C), AND PROVIDING FOR NOTICE OF SUCH MEETING
AND HEARING.
773 December 13, 1984
WHEREAS, the Urban Renewal Law of the State of Texas requires the City
Council to hold a public hearing OO a proposed Urban Renewal Plan before it
may approve the Urban R2O2#dl Plan after notice of hearing has been given
by publications in the manner described and the City Council may proceed
with such hearing after it has received recommendations from the Planning
and Zoning Commission and the Urban Renewal Agency as to d Plan conforming
with the general plan for development of the City as a whole; and
WHEREAS, said Urban Renewal Law Of the State Of T8Xd5 makes the same
requirements for an Amended Urban Renewal Plan; and
WHEREAS, a C00pr8heOSiY2 amendment dated November 20, I984, consisting
Of d boundary revision amendment extending the area and revisions of the
land use and acquisitions 0dpS and d narrative r9Vi3iOD to provide for O
change in land uses and other considerations, was presented to this body;
and
WHEREAS, the Said comprehensive Amended Urban Renewal Plan for the
Memorial Center Complex Project, NO. TeX. R-138/C\ was reviewed and
approved by the Planning and Zoning Commission OO December 6, 1984, and by
the Urban Renewal Agency Of the City of Lubbock On November 20, 1984, and
recommendations were made to the City Council; and
WHEREAS, said Amended Urban Renewal Plan and recommendations have been
reviewed by the City Council Of the City of Lubbock; and
WHEREAS, it is the purpose and intent Of the City Council of the City
of Lubbock, On this date and at this time and place specified in the fOnV
of notice contained in Section I hereof, to hold d public hearing OD the
question Of adopting OO first passage an Ordinance to approve and adopt the
said Amended Urban Renewal Plan; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the following notice is h8r8h« ordered to be
published by the City C0UDCfl Of the City Of Lubbock, said notice to be
published in the December 23, 1984, December 30, 1984 and January G, 1985,
issues Of the Lubbock Avalanche -Journal (a newspaper having a general
circulation in the City of Lubbock) Said notice to be in the following
form, to -wit:
"NOTICE OF MEETING AND PUBLIC HEARING BY THE CITY COUNCIL OF THE CITY
OF LUBBOCK CONCERNING APPROVAL OF THE AMENDED URBAN RENEWAL PLAN FOR
THE MEMORIAL CENTER COMPLEX URBAN RENEWAL PROJECT, NO. TEX. R-I38(C)o
"Pursuant to the provisions Of the Urban Renewal Law of the State Of
Texas, O0t1c8 is hereby given that the City Council Of the City Of
Lubbock will meet at the Municipal Building at 1625 I3th Street in the
City Council Chamber, on the 24th day Of January, 1985, at 1:30
O'Cl0Ck P.M., C.S.T., at which time and place said Council will
conduct a public hearing On the question of, and will consider and
determine whether or not it will approve an Amended Urban Renewal Plan
for the Memorial Center Complex Urban Renewal Project, NO. TEX.
R-138/C\ consisting of d boundary revision amendment extending the
area and revisions Of the land use and acquisitions maps and O
narrative revision to provide for a change in land U39S and other
considerations.
At the aforesaid public hearing, each person will be given full
opportunity to be heard, either in person or by his counsel, relative
to the subject being considered, and likewise to present to and file
with the City Council for its consideration, his written C00m8nt3 and
r2c0002DdatiO0S relative to the 3Uh'eCt.w
774 December 13, 1984
SECTION 2. THAT the City Council shall meet on the date and at the
time and place specified in the form of notice and contained in Section 1
hereof and shall then and there hold a public hearing on the question of
and consider and determine if it should pass on first reading an Ordinance
to approve and adopt the said amended Urban Renewal Plan.
Passed by the City Council this 13th day of December, 1984.
/s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Jim Bertram
Jim Bertram, Assistant City Manager
for Development
/s/ Laura J. Monroe
Laura J. Monroe, Assistant City Attorney
This Amendment is necessary to include all the territory
being considered in the Memorial Center/Riverwalk
Project, including the territory that will be deleted
from the original N.D.P. Plan. This action will keep all
the Memorial Center/Riverwalk Project in one Plan and
will be consistent with Texas Urban Renewal Law.
The Amendment includes a boundary revision, land use map,
land acquisition map and text to describe the Riverwalk
Project. The Amendment was approved by the Urban Renewal
Board on November 20, 1984 and by the Planning Commission
on December 6, 1984.
Staff suggested that the Public Hearing be set for the
regular Council meeting on January 24, 1985 at a time to
follow the other Plan Amendment, and with advertisement
of this hearing on the same dates as the other Hearing
being December 23, 1984; December 30, 1984; and January
6, 1985.
Motion was made by Councilwoman Baker, seconded by
Councilman Nash, setting date and time for Public Hearing
to consider Amendment to Memorial Center Complex Urban
Renewal Plan Project #Tex. R-138(C) for 1:45 p.m.,
January 24, 1985.
84-43A-774-1252
(16.) Consider an Ordinance to abandon and close portions of
58th and 59th Streets and a portion of a 20 alley
located between those two streets in the Piedmont
Addition to the City of Lubbock.
ORDINANCE #8692
ORDINANCE NO. 8692
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF 58TH STREET AND 59TH
STREET AND A PORTION OF A 20-FOOT ALLEY LOCATED BETWEEN THOSE TWO STREETS
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.
The two streets, 58th and 59th, and the alley between the
two streets are directly east of Slide Road in the
Piedmont Addition. Requestor of these closures is Burl
Masters for Golden Properties. Planning and Zoning
Commission heard and approved this on December 5, 1984.
Areas to be closed are as follows:
775 December 13, 1984
F-J
58th Street - 1,019.61 sq. ft.
58th to 59th Street alley - 4,200 Sq. ft.
59th Street - 9,800 sq. ft.
A cul-de-sac is to be dedicated on 58th Street, another
alley will be dedicated in place of the one to be closed,
and the cul-de-sac will be dedicated on 59th Street. The
Slide Road Plan showed a cul-de-sac on 59th Street at
mid -block; however, it showed 59th Street open from
Slide Road to the cul-de-sac. This closure will still
allow the land uses to function as Originally intended,
with curb -cut access to Slide Road at 59th Street. The
requestVr will be charged for a portion of 59th Street.
The area to be charged for is 4,890 sq. ft., appraised at
$1.00 per square foot from the appraisal Of abutting
property. The Right -of -Way Department agrees with this
closure as long as it conforms to the Slide Road Land Use
Plan. Relocation Of utilities will be at reqVestOr's
expense.
Motion was made by Councilwoman Baker, seconded by
CVUDCilwO0dD Tr `O, passing on first reading Ordinance
#8692, as Set out dbOV8. Motion Carried: 7 Yeas; O
Nays.
84-43A-775-I253
/I7.\ Set the time and date for the first Public Hearing for
the Community Development Block Grant 11th Year Applica-
As a part Of the Community Development Block Grant
application process, the City Council conducts two Public
Hearings to allow citizens the opportunity to comment on
the proposed expenditure of Community Development Funds.
These Hearings are scheduled after the Community Develop-
ment Advisory Committee has held their neighborhood
meetings and developed their recommendations, and Staff
recommended that the first Public Hearing be scheduled
for January 10, I985 at I1:30 a.m. After Council
discussion, it was decided that I0:30 d.0. would be a
better time for the public hearing.
Motion was made by Councilwoman Baker, seconded by
Councilman Patterson, Setting the time and date for the
first Public Hearing for the Community DPV2lOp0gDt Block
Grant llth Year Application for January lU, 1985 at 18:30
a.m. Motion carried: 7 Yeas; U Nays.
/IA.\ Consider d authorize thehApplica-
tion for the Rental Rgha01|1tatGrant Program
and all related documents.
RESOLUTION #1886
RESOLUTION #1886
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1° THAT the Mayor of the City of Lubbock BE and is hereby
authorized and directed to execute and submit for the City of Lubbock d
Federal Rental Rehabilitation Grant Program Application for the year 1984
and 1985 and related dVCUmU0tS, which application attached herewith, shall
be spread UpOD the minutes of the Council and as spread UpOM the minutes Of
December 13, 1984 776
this Council shall constitute and be a part of this Resolution as if fully
copied herein in detail.
Passed by the City Council this 13th day of December, 1984.
/s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Sandy Ogletree
Sandy Ogletree, Community Development
Coordinator
/s/ Michele Hart
Michele Hart, Assistant City Attorney
In a November 9, 1984 letter from HUD, the City was
requested to submit an Application for the 1984-85 Rental
Rehabilitaion Program. The allocation for the City is
$137,000 and will assist approximately 27 households.
This request for another Rental Rehabilitation Applica-
tion has caused some confusion because the City was
approved for a $140,800 Grant in August, 1984. HUD
explained that the Program approved in August was funded
very late in Fiscal Year, 1984 and that the Application
which the City is now submitting is on the correct
schedule for Fiscal Year, 1985. It appears that the City
will be operating the two funded programs concurrently.
The 1985 Program will follow the same program description
and guidelines as the 1984 Program.
As an update on the Rental Rehab Program, HUD is setting
up a new cash management system which has to be final-
ized. The City has received several inquiries about the
Program and two property owners are preparing additional
project information for project evaluation.
The Program still seems workable and Staff recommended
that the City continue to participate.
Motion was made by Councilman Nash, seconded by Mayor Pro
Tem Carpenter, authorizing the Mayor to execute the
Application and all related documents, as set out above.
Motion carried: 7 Yeas; 0 Nays.
84-43A-776-1255
(19.) Consider the allocation of Community Development Contin-
gency Funds.
In response to the need for additional security measures
for low-income elderly residents, a Program called "Locks
for the Elderly" is proposed. This Program is designed
to assist low-income elderly homeowners by providing a
security inspection of their home and installation of
dead bolt locks on all outside doors.
Initially, the Program will be targeted to the Overton
neighborhood because of the high burglary rates in the
area. The Community Services Department and the Crime
Prevention Unit will coordinate and administer the
Program.
A homeowner may apply at the Community Services Office
and the Staff will review all applications for eligibi-
lity. The Crime Prevention Unit will provide a security
inspection of the qualified residences and order the
777 December 13, 1984
installation of the locks. The deadbolt locks will be
installed by a qualified locksmith who is the successful
bidder for the Program.
The security inspection is d Very important component of
the Program because the installation Of the d8adbOltS
without other preventive 08dsur86 will not accomplish the
goals of the Program. The Program will be VM a trial
basis and follow-up data will be Compiled for future
evaluation.
Neighborhood meetings will be scheduled to help inform
the residents of this opportunity.
The Staff recommendation was to allocate $10,000 of
Community Development Contingency Funds for the Program.
It is estimated that the average cost per home will be
$100, and this funding will assist approximately I00
homes. This allocation will reduce the Contingency Fund
balance from $255,730 to $245,730.
Motion was made by Councilwoman Trejo, Seconded by
CnUOCil0dn Patterson authorizing allocation Of $10,000
from Community Development Contingency Funds for the
"Locks for the Elderly" Program. Motion carried: 7
Yeas.: O Nays.
/20.\ Consider the price and condition of sale of Parcel
(south 50' of north 250') in the Coronado TEX.
R-33 area.
This is d routine Sale of property by the Urban Renewal
Agency to Robert Lewis Gfddens for $1,500. The
property is to be redeveloped as a single-family resi-
dence and is properly zoned for this.
Motion was made by Mayor Pro T8m Carpenter, seconded by
COUDCilwV0aD Tre'V authorizing the sale Of Parcel #/S
16-2 (south 50/ of the north 200'\ and 26-1 (south 50/ Of
the north 250/), as set out above. Motion carried: 7
Yeas; O Nays.
/2I.\ Consider Ordinance amending Ordinance 8140 to provide
for the installation of a traffic signal at the inter-
section of Frankford Avenue (FM 2528) and Fourth Streiit
ORDINANCE #8693
ORDINANCE 8693
AN ORDINANCE AMENDING SECTION I OF ORDINANCE 8190 OF THE CITY OF
LUBBOCK 80 AS TO AUTHORIZE A NEW TRAFFIC SIGNAL AT THE INTERSECTION OF F.M.
HIGHWAY 2528 /FKANKFORD AVENUE) AND F.M. HIGHWAY 2255 /4TH STREET) IN THE
CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; AUTHORIZING THE MAYOR TO EXECUTE
AN AGREEMENT TO BE EXECUTED BY THE CITY OF LUBBOCK AND THE STATE OF TEXAS
RELATING TO SAID TRAFFIC SIGNAL; AND PROVIDING FOR PUBLICATION.
The Corridor Management Team, which is comprised of
representatives from the State Department of Highways and
Public Transportation and the City Of Lubbock, has
identified this Traffic Signal Project at 4th Street and
Fr8VkfOrd Avenue as having d potential to favorably
impact traffic safety. This location meets both the
Occident and volume warrants for Signalfzati0n as get
forth in the Texas MdOUdl UD Uniform Traffic Control
Devices.
The City has prepared the plans for the installation of
the traffic signal. It will be constructed according to
State and City specifications. The State will award the
Contract and inspect the Project. This latter condition
requires that the plans carry d State Title Sheet with
December 13, 1984 778-
The State will furnish the necessary funds for the
installation of the traffic signal. The City will be
responsible for the operation and maintenance of the
traffic signal installation. The Ordinance authorizes
the Mayor to sign a Traffic Signal Maintenance Agreement
with the State Department of Highways and Public Transpor-
tation.
Motion was made by Mayor Pro Tem Carpenter, seconded by
Councilwoman Trejo, passing on first reading Ordinance
#8693, as set out above. Motion carried: 7 Yeas; 0
Nays.
84-43A-778-1258
(22.) Consider lease of space in the Airport Terminal with
Briercroft Savings and Loan Association for an automatic
�teller machine.
RESOLUTION #1887
RESOLUTION #1887
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 Space Lease
- Terminal Building between the City of Lubbock and Briercroft Savings and
Loan Association to install an automatic teller machine in the Lubbock
International Airport, attached herewith, which shall be spread upon the
minutes of the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein in
detail.
Passed by the City Council this 13th day of December, 1984.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Marvin Coffee
Marvin Coffee, Director of Aviation
APPROVED AS TO FORM:
/s/ Michele Hart
Michele Hart, Assistant City Attorney
THE STATE OF TEXAS
COUNTY OF LUBBOCK
/s/ Alan Henry
ALAN HENRY, MAYOR
KNOW ALL MEN BY THESE PRESENTS:
SPACE LEASE - TERMINAL BUILDING
This Agreement, entered into at Lubbock, Texas, by and
between the City of Lubbock, hereinafter referred to as "Lessor,"
and Briercroft Savings and Loan Association, a Texas savings and
loan association, hereinafter referred to as "Lessee," acting by
and through its officers hereunto duly authorized;
WHEREAS, Lessor owns and operates a public airport desig-
nated as Lubbock International Airport herein called "Airport;"
and
WHEREAS, Lessee desires to operate an automatic teller
machine hereinafter referred to as "ATM," in the terminal
building at the Lubbock International Airport.
December 13, 1984 779
7
7i
ARTICLE I
NOW THEREFORE, for and in consideration of the covenants and
conditions herein contained and other valuable consideration the
Lessor authorizes the Lessee to exercise the rights, powers and
privileges hereinafter set forth and does hereby lease to the
Lessee the premises hereinafter described and being:
Thirty-two (32) square feet of floor space on the main
passenger level floor of the airport terminal of the Lubbock
International Airport the exact location of such space to be
determined by Lessor's Director of Aviation.
The term of this Agreement shall be for a period of two (2)
years, commencing on September 24, 1984, and ending on September
23, 1986, both dates inclusive, unless sooner terminated as
herein provided.
ARTICLE II
In consideration of the rights and privileges herein
granted, Lessee shall pay to the Lessor a rental of Six Thousand
Six Hundred and No/100 Dollars ($6,600.00) for the first year of
the term of this Lease and a rental of Seven Thousand Two Hundred
and No/100 Dollars ($7,200.00) for the second year of the term of
this Lease; Lessee shall pay to Lessor the rents set forth herein
in monthly payments in advance by the tenth (loth) day of each
month, such monthly payments being Five Hundred Fifty and No/100
Dollars ($550.00) for the first year of the term of this Lease
and Six Hundred and No/100 Dollars ($600.00) for the second year
of the term of this Lease.
All payments that become due and payable by Lessee shall be
made to the City of Lubbock at the office of the Director of
Aviation, Lubbock International Airport, Lubbock, Texas.
ARTICLE III
This Lease is granted subject to the following provisions
and conditions:
1. Lessee shall use the leased premises solely for
the purpose of operating an ATM.
2. Lessee shall provide such services from the ATM as
are usual and customary, from time to time, in the banking
and savings and loan industries.
3. Lessee's right to operate an ATM within the
terminal building at the Lubbock International Airport shall
be nonexclusive.
4. Lessee, at its own expense, shall install such ATM
and provide all network service, hardware maintenance,
telephone lines, money maintenance and settlement account-
ing. Lessee shall have reasonable access to such terminal
premises for the purpose of performing all such steps from
time to time during the term of this Lease.
5. Lessee, at its own expense, shall be responsible
for securing all permits, clearances, rights of way or other
matters necessary to install and operate such ATM facilities
in a lawful manner.
6. Lessee agrees that it will at all times during the
term of this Lease maintain the ATM facilities and equipment
in good and serviceable condition, such maintenance to be
the sole responsibility and obligation of Lessee.
7. The ATM installed in Lessor's terminal shall
remain the property of Lessee and shall not become part of
the real estate. Any other property installed or added by
Lessee which becomes permanently attached to the premises
shall become the property of Lessor upon termination of this
Lease Agreement.
8. Lessee agrees that Lessor shall have and it hereby
grants to Lessor a contractual landlord's lien on the ATM
and all Lessee's property of whatsoever nature placed in or
upon the leased premises; such lien to guarantee the payment
of any and all arrearages arising under this Lease Agree-
ment. Lessee agrees to sign a financing statement to be
780 December 13, 1984
filed with the Secretary of the State of Texas and the
County Clerk of Lubbock County to perfect Lessor's lien and
to furnish Lessor an itemized list of all such improvements,
additions or alterations, including the ATM, which Lessee
installs, adds or uses on the leased premises.
9. Lessee will erect no signs and will distribute no
advertising matter in the Airport without the prior written
consent of the Director of Aviation. Such prior written
consent shall not be required for advertising placed by
Lessee with Ackerley Airport Advertising, Inc. or any other
party having the right to sell, rent or offer airport
terminal advertising space.
10. All of Lessee's business operations and solici-
tations will be confined to the leased premises.
11. The Lessee shall not bind or attempt to bind
Lessor for payment of any money in connection with instal-
lations, alterations, additions or repairs on the leased
premises or any of Lessee's equipment or facilities located
on the leased premises and shall not permit any mechanic's,
materialman's or contractor's liens to arise against the
premises or any improvements, equipment, machinery or
fixtures thereon belonging to the Lessor and Lessee express-
ly agrees that it will keep and save the premises and Lessor
harmless from all costs and damages resulting from any lien
or liens of any character created or that may be asserted
through any act or thing done by the Lessee.
12. In the event any mechanic's or other liens or
orders for payment shall be filed against the premises or
improvements thereon, or the property of Lessor located
thereon, during the term of this Lease Agreement, Lessee
shall within ten (10) days cause the same to be cancelled
and discharged of record, by bond or otherwise at the
election and expense of Lessee, and shall also defend on
behalf of Lessor, at Lessee's sole cost and expense, any
action, suit or proceeding which may be brought thereon or
for the enforcement of such lien or order.
13. Failure of the Lessee to comply with any require-
ment of these paragraphs 11 or 12 shall be cause for
immediate termination of this Lease Agreement by Lessor.
14. Lessor shall assume no responsibility as to the
condition of the leased premises and shall not assume
responsibility for maintenance, upkeep or repair necessary
to keep the, premises in a safe and serviceable condition.
15. The Director of Aviation shall have the right to
change the location of the leased premises if necessary, and
any relocation shall be at the Lessee's expense.
ARTICLE IV
This Lease is granted subject to the following additional
provisions and conditions:
1. The Lease herein granted is subject to any and all
applicable laws, ordinances, rules and regulations pertain-
ing to the Lubbock International Airport.
2. During the time of war or national emergency the
Lessor shall have the right to enter into an agreement with
the United States Government for military or naval use of
part or all of the landing area, the publicly owned air
navigation facilities, and other area or facilities of the
Airport. And if any such agreement is executed, the
provisions of this instrument, insofar as they are are
inconsistent with the provisions of the agreement with the
Government, shall be suspended, but rent hereunder shall
abate accordingly.
3. This Agreement shall be subordinate to the
provisions of any existing or future agreement between
Lessor and the United States relative to the operation and
maintenance of the Airport, the execution of which has been
or may be required as a condition precedent to the expendi-
ture of federal funds for the development of the Airport.
Should the effect of such agreement with the United States
be to take any of the property under lease or substantially
destroy the commercial Value of Lessee's rights Under this
Agreement, the Lessor Shall not be held liable therefor, but
rent hereunder shall abate accordingly.
4. All rights, privileges and interests acquired
herein by Lessee at the option Of the Lessor, following
written notice Of thirty (30) days, may be suspended if such
SUSp8D3iVD is found by the Lessor, acting in good faith, to
be necessary to secure federal financial aid for the
development of the Airport, or further development and
provisions Of aeronautical operations thereon, but rent
hereunder shall abate accordingly.
5. The Lessor, acting by and through the Director of
Aviation, Or other designated representative shall have the
right to inspect the property at all reasonable times during
the term of this Lease.
6. Any property of the Lessor Or any property for
which the City of Lubbock may be responsible, which is
damaged Or destroyed incident to the exercise Of the
privileges herein granted Or as a result of acts Or omis-
sions of the employees or agents of Lessee, shall be
properly repaired Or replaced by the Lessee to the satis-
faction of the Lessor and its authorized representatives, or
in lieu Of such repair or replacement, the [es8g2 shall, if
s0 required by the Lessor, pay to the [eSS0r money in any
amount deemed sufficient by the L8G3Ur to C00p2DSate for the
l035 sustained by the Lessor by reason Of the loss Of,
damage to or destruction of such property.
7. The Lessee shall be deemed to be an independent
contractor and operator responsible to all parties for its
respective acts Or 0qiSSiOMS and Lessor Shall in OO way be
responsible therefor.
8. The Lessee agrees to indemnify, defend and forever
save the Lessor, its authorized agents, representatives and
employees, harmless from and against any and all penalties,
liability, annoyances or loss resulting from claims Or court
action Of any nature arising directly of indirectly out Of
any acts Or OmiSSfOOs of the Lessee, its agents, servants,
employees Or business visitors under this Agreement.
9. The Lessee Shall maintain at all tines, at its
sole expense, insurance with an insurance underwriter
acceptable Co the Lessor and from One authorized to do
business in the State Of Texas, against claims of public
liability and property damage resulting from [835e2/S
business activities at the Airport. The amount of insurance
CUV8rdge shall be not less than FIFTY THOUSAND AND NO/100
DOLLARS /$50,000.00\ for property damage as a result of any
one event, or 1pS3 than ONE HUNDRED THOUSAND AND N0/I00
DOLLARS /$I00,000.00\ for personal injury Or death of any
one person in any one event; or less than THREE HUNDRED
THOUSAND AND NO/100 DOLLARS /$300,000.00\ for personal
fO'Ury or death of two /2\ or more persons in any one SVgOt.
Certificates of insurance or other satisfactory evidence
shall be filed with the Director of Aviation prior to entry
Up0D the premises by the Lessee. Each policy shall name the
Lessor, City of Lubbock, as an additional insured as its
interest may appear. Each policy shall provide "It is
agreed that insurer shall notify the City of Lubbock, Texas,
of any alteration, renewal Or cancellation of this policy
and that this policy Shall remain in full force and effect
until ten /IO\ days after such notice is received by the
Director of Aviation."
lO. Lessee shall furnish to the Lessor satisfactory
evidence that it carries Workmen's C0mp9OSdti00 IOsUrdOC8 in
accordance with the laws Of the State of Texas.
11. The Lessee shall dS3U0e responsibility for the
payment of all taxes and assessments, license fees and
public Utility charges levied on the business conducted On
the leased premises or becoming due on the property Of
Lessee used in cOOn8Cti0D therewith from the date of
execution of this Agreement. The Lessee agrees to pay all
CldiNS Or damages for or on account of water, lights, heat,
power, Sewage disposal and any Other services Or utilities
furnished to Or with respect to the property Or any part
thereof. The Lessor does not guarantee to furnish utilities
December 13, 1984 782
or utility services in the future. In the event utility
service is not furnished for reasons other than repair or
installations of lines or nonpayment of charges, Lessee
shall have the option to cancel this Lease upon thirty (30)
days notice to the Lessor.
12. The Lessee, its agents and employees, will not
discriminate against any person or class of persons by
reason of age, sex, race, color, creed or national origin in
providing any services or in the use of any of its facili-
ties provided for the public, in any manner prohibited by
the Federal Aviation Regulations. The Lessee further agrees
to comply with such enforcement procedures as the United
States might demand that the Lessor take in order to comply
with the Sponsor's Assurances given by the City of Lubbock.
13. Lessee agrees to not discriminate against any
employee or applicant for employment because of age, race,
creed, color, sex or national origin. The Lessee agrees to
take affirmative action to insure that applicants are
employed and that employees are tested during employment
without regard to their age, race, creed, color, sex or
national origin. Such action shall include, but not be
limited to employment, upgrading, demotion or transfer,
recruitment, layoff, rates of pay or other forms of compen-
sation and selection for training, including apprenticeship.
14. The Lessee will conduct its activities and operate
its facilities in accordance with the requirements of
Section 504 of the Rehabilitation Act of 1973 and will
assure that no qualified handicapped person shall, solely by
reason of his or her handicap, be excluded from participa-
tion in, be denied the benefits of, or otherwise be subject-
ed to discrimination, including discrimination in employ-
ment, under any program or activity of the Lessee.
15. The Lessee acknowledges that it is informed that
Texas Law prohibits contracts between Lessor and its
"officers" and "employees," and that the prohibition extends
to an officer and employee of City agencies such as City -
owned utilities and certain City boards and commissions, and
to contracts with any partnership, corporation or other
organization in which the officer of employee has an
interest. Lessee certifies that neither it nor any person
having an interest in this contract is an officer or
employee of the City of Lubbock or any of its agencies.
16. The Lessee warrants that it has not employed any
person employed by the Lessor to solicit or secure this
Lease Agreement upon any agreement for a commission,
percentage, brokerage or contingent fee.
17. Lessee may assign or sublet this Lease to any
other bank or savings and loan association which then or
immediately thereafter shall be operating, other than
through such leased premises only, through one or more bank
or savings and loan offices in Lubbock County, Texas, which
institution is then in good standing with applicable banking
or savings and loan departments of the State or Federal
Government. Otherwise this lease may not be assigned
without the written consent of Lessor, but such consent
shall not be unreasonably withheld. No such assignment or
subletting shall affect Lessee's obligations to make all
required rental payments hereunder.
18. The failure of the Lessor to insist in any one or
more instance upon performance of any of the terms or
conditions of this Lease shall not be construed as a waiver
or relinquishment of the future performance of any such term
or conditions, but the Lessee's obligation with respect to
such failure of performance shall continue in full force and
effect.
19. Lessee shall provide a complete and proper
arrangement for the adequate sanitary handling and disposal
away from the Airport, of all trash, garbage and other
refuse caused as a result of the operation of its business
at its sole expense.
783 December 13, 1984
20. In the event Lessee remains in possession of the
leased premises after the expiration of this Lease Agreement
without any written renewal or extension of this Lease, such
holding over shall not be deemed as a renewal or extension
of this Lease, but shall create only a tenancy from day to
day which may be terminated at any time by Lessor.
ARTICLE V
This Lease Agreement shall terminate at the end of the full
term hereof and Lessee shall have no further right or interest in
the premises hereby demised except as provided in Article IV,
paragraph 20.
This Agreement is subject to termination for the reasons set
forth below, provided that thirty (30) days written notice is
given to the non -terminating party. Rental due hereunder shall
be payable only to the effective date of said termination.
A. The Lessee may terminate upon the happening of any of
the following:
1. The permanent abandonment of the Airport as an air
terminal.
2. The issuance by any court of competent jurisdic-
tion of an injunction in any way preventing or restraining
the use of the Airport and the remaining in force of such
injunction for at least thirty (30) days.
3. The breach by the Lessor of any of the terms,
covenants or conditions of this Agreement to be kept,
performed and observed by the Lessor, and the failure of the
Lessor to remedy such breach for a period of sixty (60) days
after written notice from the Lessee of the existence of
such breach.
4. The assumption by the United States Government, or
any authorized agency of same, of the operation, control or
use of the Airport and its facilities in such a manner as to
substantially restrict the Lessee from operating under the
terms of this Agreement, if such restriction is to continue
or has continued for a period of three (3) months or more.
B. The Lessor may terminate upon the happening of any of
the following:
1. If the Lessee shall file a voluntary petition of
bankruptcy; or, if the proceedings in bankruptcy shall be
instituted against it and it is thereafter adjudicated a
bankrupt pursuant to such proceedings; or, if a court shall
take jurisdiction of Lessee and its assets pursuant to
proceedings brought under the provisions of any federal
reorganization act; or, if a receiver for Lessee's assets is
appointed; or, if Lessee shall be divested of its rights,
powers and privileges under this Agreement by other opera-
tion of law.
2. If the Lessee shall abandon and discontinue
operations under this Agreement.
3. If the Lessee shall default in or fail to make any
payments at any time and in the amounts as required of it
under this Agreement.
4. If the Lessee shall fail to perform, keep and
observe all of the covenants and conditions contained in
this Agreement to be performed, kept and observed by it.
5. If the Lessee shall fail to abide by all appli-
cable laws, ordinances and rules and regulations of the
United States, State of Texas, City of Lubbock or Director
of Aviation of the City of Lubbock.
6. If Lessor, acting in good faith, finds termination
of the rights, privileges and interests of Lessee acquired
under this Lease to be necessary to secure Federal Financial
aid for the development of the Airport, or further develop-
ment and provisions of aeronautical operations thereon.
December 13, 1984
C. In the event the terminal building at the Lubbock
International Airport is damaged by fire or other accidental
cause during the term of this Lease Agreement so as to become
totally or partially untenantable, Lessor shall have the option
to restore the premises to their former condition. If Lessor
exercises its option to restore the premises, Lessor shall
proceed with due diligence. If the damage is so extensive as to
amount practically to the total destruction of the utility of the
leased premises for the uses expressed in this Lease Agreement,
Lessee's obligation to pay rent hereunder shall abate for the
time and to the extent that the premises have been rendered
untenantable. Should Lessor not exercise its option to restore
the premises, this Lease shall terminate, such termination to be
effective on the date of damage by fire or other accidental
cause, and the rent shall be apportioned to that date.
D. Within fifteen (15) days following the date of expira-
tion or termination of this Agreement, Lessee shall, as required
by Lessor, vacate said premises, remove all property of Lessee
and restore the leased premises to as good a condition on such
date of expiration or termination as when received, ordinary wear
and tear excepted; provided, however, that Lessee's right to
remove its property is subject to the condition that Lessee has
paid in full all amounts due and owing Lessor under this Lease
Agreement. If, after being requested to do so by Lessor, the
Lessee shall fail or neglect to do so by Lessor, the Lessee shall
fail or neglect to remove said property and so restore the leased
premises within fifteen (15) days of said expiration or termina-
tion, then at the option of Lessor said property shall either
become the property of Lessor without compensation therefor or
Lessor may cause the property to be removed and the leased
premises to be restored at the expense of Lessee, and no claim
for damages against Lessor or its officers, agents or employees
shall be created or made on account of such removal and restora-
tion.
ARTICLE VI
1. Notices to the Lessor required or appropriate under
this Lease shall be deemed sufficient if in writing and mailed by
registered mail with postage prepaid to the Director of Aviation,
Lubbock International Airport, Route 3, Box 201, Lubbock, Texas
79401.
Notices to the Lessee required or appropriate under this
Lease shall be deemed sufficient if in writing and mailed by
registered mail with postage prepaid to the Attention of Presi-
dent, Briercroft Savings and Loan Association, 50th at Avenue Q,
Lubbock, Texas 79413.
2. Should Lessor institute legal action to collect rentals
due under this Lease Agreement or damages for breach of any
covenant made herein, a reasonable sum shall be added to the
amount of recovery for attorney's fees together with all costs of
court.
December 13, 1984 785
3. Both parties h2r8hv agree that this instrument consti-
tutes the final agreement of the parties and that all Other
previous agreements, leases and contracts between the parties
which pertain to the property described herein are hereby
declared null and void.
Executed this the 13th day Of December, 1984.
LESSOR:
BY Alan Henry
ALAN HENRY
MAYOR
ATTEST:
Ranette Boyd
City Secretary
APPROVED AS TO CONTENT:
MarvinCoffee
Marvin Coffee
Director Of Aviation
APPROVED AS TO FORM:
Michele
Michele Hart
Assistant City Attorney
LESSEE:
BRIERCROFT SAVINGS AND
LOAN ASSOCIATION
RriercrVft Savings & Loan Association has had an auto-
matic teller machine in the Terminal since September 23,
1982, and have requested another two-year Contract for
continuation Of ATM operation.
The proposed two-year lease is for 32 Square feet of
floor space beginning September 24, 1984 and terminating
September 23, 1986; rent will be $6,600 for the first
year and $7,200 the second year.
There is d provision in the proposed Lease that permits
relocation if necessary.
The Airport Board reviewed this and recommended approval
to City Council.
Motion was made by CnuOCil0dO Brown, seconded by Council-
man Patterson, authorizing Resolution #I887 as Set out
above. Motion carried: 7 Yeas; 0 Nays.
84-43A-785-1259
/23.\ Consider Agricultural Contract with K. F. Thiel and Sons,
RESOLUTION 1888
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 Airport
Agricultural Agreement between the City Of Lubbock and K. F. Thiel and
Sons, attached herewith, which shall be spread UpOD the minutes of the
Council and as spread UpOO the minutes of this Council Shall constitute and
be d part Of this Resolution as if fully copied herein in detail,
Passed by the City Council this 13th day of December, 1984.
/s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Marvin Coffee
Marvin Coffee, Director of Aviation
/s/ Michele Hart
Michele Hart, Assistant City Attorney
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK �
AIRPORT AGRICULTURAL CONTRACT
This Agreement, entered into at Lubbock, Texas by and
between the City of Lubbock as Lessor, hereinafter referred to as
"City," and K. F. Thiel and Sons, hereinafter called "Lessee."
WTTNESSETH:
WHEREAS, the City VwOS and operates a public airport
designated as Lubbock International Airport herein called
"Airport," and
WHEREAS, the City Of Lubbock 0#nS the following described
tracts of land comprising d part Of the Lubbock International
Airport property, and has determined that Said land should be put
to d productive use, and
WHEREAS, the City reserves the right to take any action it
considers necessary to protect the aerial approaches Of the
Airport against obstruction, together with the right to prevent
the Lessee herein and all other persons from erecting, Or
permitting to be erected, any building Or other structure on
Airport property which, in the opinion Of the City, would limit
the US2fUlneSS Of the Airport or constitute d hazard to aircraft,
and
WHEREAS, during the time Of war or national emergency the
City Shall have and hereby retains the right to enter into an
agreement With the United States G0V8rn02Dt for military or O8Vdl
use Of part Or all Of the landing area, the publicly 0NO8d air
navigation facilities, and other areas Or facilities of the
Airport, and if any such agreement is executed the provisions of
this Instrument, insofar as they are i000O3iSteOt with the
provisions Of the Agreement with the Government, Shall be
suspended or terminated, whichever, in the Judgment Of the
Governing Body of the City of Lubbock and the Government, shall
he deemed necessary, and
December 13, 1984 -787
WHEREAS, this Agreement shall be and is hereby made subor-
dinate to the provisions of any existing or future agreement
between the City and the United States relative to the operation
or maintenance of the Airport, the execution of which has been or
may be required as a condition precedent to the expenditure of
Federal funds for the development of the Airport, and
WHEREAS, all rights, privileges or interest acquired herein
by the Lessee or other persons, at the option of the City,
following written notice of thirty (30) days, may be suspended or
terminated, if such suspension or termination is found by the
City, acting in good faith, to be necessary for the development
of the Airport, or for the development and promotion of aeronau-
tical operations thereon;
NOW THEREFORE, in consideration of the premises, covenants
and upon the terms and conditions herein contained, City hereby
leases to Lessee for the term of five (5) years beginning January
1, 1985 and ending December 31, 1989, and from year to year
thereafter for a maximum of ten (10) years unless written notice
to terminate is given by either party to the other at least
thirty (30) days prior to the beginning of the succeeding lease
year, the land, facilities and premises, situated in Lubbock
County, Texas, as designated in Exhibit "A" attached herewith and
thereby made a part of this Agreement for all purposes.
1. The acreage and location of land covered by this Lease
can be changed as needed due to future land acquisition and
development by a writing including the changes signed by the
Director of Aviation and the Lessee. Such writings shall be kept
on file at the office of the Director of Aviation.
2. Lessee agrees to go upon the above described land, and
shall faithfully and promptly in a farmerlike manner, at the
seasonable time therefor, break, prepare and plant the cultivated
land upon the above described premises and shall during the
growing season cultivate and work the crops so planted at all
times when necessary, hiring all necessary labor and supplying
all necessary materials to keep all the growing crops free from
damage from weeds and grass and to chop all cotton planted on
said land, and shall gather, harvest and market said crops.
Lessee agrees to provide and pay all costs of insecticides,
dessicants and defoliation.
3. Lessee agrees to plant, cultivate and harvest crops of
such diversification and acreage as may be agreed upon by the
parties hereto prior to each planting season, or at such times
during the year as may be necessary to determine what crops shall
be planted, and such agreement shall be reached before cultiva-
tion is commenced.
4. Lessee agrees that none of the tillable land will be
allowed to lie out or be taken out of production without the
consent of City in writing signed by its Director of Aviation at
Lubbock, Texas.
5. Lessee agrees that if he, for any reason, fails to
plant any crop or crops, in due time and season, or if planted or
replanted and the crop be destroyed by the elements or otherwise
fails to develop a stand which could be reasonably expected to
mature into a profitable crop, such acreage shall revert to City
absolutely, unless Lessee notify City in writing as soon as such
condition reasonably can be determined, and obtains the consent
of City to plant such acreage in such crops as may be mutually
agreed upon, such consent of City to be in writing signed by its
Director of Aviation at Lubbock, Texas.
6. Lessee agrees to keep down all noxious weed and grasses
and prevent their seeding and spreading with the same precaution
that any prudent farmer would exercise in the care of his own
field, and to allow no volunteer crop of any kind to mature on
said land.
7. Lessee agrees that as the crops are gathered from any
of said land during the last year of this Lease, Lessee will
surrender possession of such portions thereof, so that City or
any future tenant may enter upon said land prepare it for
cultivation for the following year; and that no crops which would
not ordinarily be harvested before the termination of the last
year of this Lease shall be planted without the consent of the
City in writing signed by its Director of Aviation at Lubbock,
788 December 13, 1984
Texas, and any crops growing on said premises in violation of
this provision shall revert to City as its absolute property,
together with any plowing or work done by Lessee without the
written consent of City as above provided.
8. Lessee agrees to pay to the City of Lubbock, Texas rent
in accordance with the following schedule:
A. One-third (1/3) of all grain
produced.
B. One fourth (1/4) of all cotton
produced.
C. One-third (1/3) of all Government payments for
grain acreage diverted in accordance with Govern-
ment conservation programs.
D. One-fourth (1/4) of all Government payments for
cotton acreage diverted in accordance with
Government conservation programs.
E. Cash rent as may be negotiated from time to time
on other crops.
Lessee shall deliver to the City at the cotton gin, free of
any charges, one-fourth (1/4) of all lint cotton in the bale
together with the seed therefrom, and shall deliver to the said
City at any city designated elevator one-third (1/3) of all
grain, feed -stuff, or other crop grown on said land. Providing
that if cotton is sold as ginned, settlement for cotton and
cotton seed shall be promptly made at Lubbock International
Airport on the same day as the same is sold, or as soon as
practicable thereafter.
9. Lessee agrees to keep all fences, buildings and other
improvements in as good condition as they are in at the time of
entry, the usual wear and tear and injury or damage by fire not
the result of the negligence of Lessee or his agents and the
elements or act of God excepted. And, if the buildings be
destroyed or so damaged that they cannot be repaired except by
substantially rebuilding them, City shall be under no obligation
to rebuild or repair said buildings. No alterations in the
buildings or improvements shall be made and no substantial
improvements shall be placed on the premises by Lessee without
the written consent of City, it being accepted that any improve
ments placed thereon contrary hereto shall become the property of
City and shall not be removed by Lessee, in whole or in part.
10. The Lessee shall procure and carry with insurers,
authorized to do business in the State of Texas and satisfactory
to the City, and at its own expense, insurance in the form and
amount hereinafter stated on the said property, together with
such other forms of insurance necessarily required by the City,
dating from effective date of this Lease. Such insurance
policies shall provide that loss, if any, shall be payable to the
City for the account of the Airport Revenue Fund and shall be in
the sum at least equal to the interests of the City in said
property. The Lessee shall keep the said property so insured,
free of cost to the City, during the term of this Agreement.
REQUIRED INSURANCE: Fire, Windstorm, Extended Coverage in
the amount of $2,000.00 on building #3 and in the amount of
$6,000.00 on building #T-4001.
11. City reserves the right to go upon said premises at any
time and to survey, lay off contour lines, build terraces and
drill wells, construct and maintain water and other utility
lines, and to make any improvements it sees fit, and should
Lessee fail or refuse to properly tend, cultivate and harvest the
crops on said land, City shall have the right to enter upon said
land and hire sufficient labor for that purpose, the cost of
which shall be repaid to City out of the portion of the crops
belonging to Lessee.
12. Lessee shall not sublet said premises, or any part
thereof, without the written consent of City, and should Lessee
abandon said premises, or sell or attempt to sell any part of the
crops before they are matured or harvested, all of his interest
in all said crops shall be immediately forfeited to City, and
City shall have the right to enter Vp8O and take possession of
said premises and handle same in any 0dDD8r that may to it seem
right and proper.
13. Lessee shall not have the privilege of pasturing or
selling the stalk Or stubble field for pasturage and shall not
pasture any Of the fields at any during the term Of this Lease
except with the written consent of City, and in the event that
stock are found grazing in the fields in violation thereof, it
shall be lawful for City or its agent to cancel this Lease and to
enter said premises and remove all persons therefrom and take
possession thereof as liquidated damages, and any claim for
damage by virtue of such entry by City is hereby expressly waived
by Lessee.
14. Lessee agrees to give peaceable possession Of said
property at the termination Of this Lease in as good condition as
reasonable use and *ear will permit, it being the absolute
intention of this Lease that the same shall expire upon the date
above determined, and that Lessee shall not attempt to hold over
under his Lease, or claim any renewal, extension Or continuance
of this Lease, unless agreed to in writing and Signed by the
parties hereto, and no Verbal agreement to abrogate the terms of
this clause shall be binding or ddmiS3fhl2 in evidence.
15. In case of Sale of said premises during the occupancy
by Lessee hereunder, and purchaser desires possession, Lessee
agrees to surrender the Same at ODc8 upon receipt by him of the
actual present value Of the growing crops, and the refund of the
pro-rata part of the cash payment for grass land, if any,
according to the calendar year that has passed, the value to be
determined by three disinterested parties, one to be selected by
City, one by Lessee and the two to choose a third, and their
decision as to value shall be binding.
16. In the event Lessee foils or refuses to keep and
perform any covenant Or condition Of this Contract in the time
and manner herein stated, the City shall have the right, without
notice or demand, to declare this Contract null and void and
enter and take possession of said premises without being guilty
of trespass and without prejudice to any Other remedy it may have
for the collection of its rents or the enforcement of this
17. It is understood that this Lease is made subject to all
existing easements and all rights under Mineral Deeds and Leases
heretofore granted or assigned and recorded in the Records of
said County and SUb'8Ct to the right of City to develop and
explore for oil and gas and Other mfD8rd7s On Said lands, such
rights and the right Of ingress and egress over and upon said
lands in the exercise of Said rights, being therein expressly
reserved to City, its agents, 3ucC8SS0rS and assigns.
18. Except as otherwise provided herein, this Contract and
all rights, claims and demands created thereby or resulting
therefrom shall he performed at the City Hall in Lubbock, Texas.
lg. Lessee shall have and is hereby given the right to use
the four (4) existing City Owned irrigation water wells, it is
understood and agreed that Lessee shall provide the pumps and
motors for the operation Of said wells. Lessee may drill
additional water wells On the tracts of land herein described for
the limited purpose of irrigating crops grown thereon, and it is
Strictly UOd2r3tUOd that said wells shall be drilled at locations
designated by the Director of Aviation of the City of Lubbock,
without CUSt to the City, and that all wells drilled on said
tracts Shall be the property Of the City, except that all motors
and pumps used thereon are and shall remain the property of and
shall be removable by Lessee, and City shall assert no claim
thereto.
20. Lessee agrees to keep adequate records and books of
account, to be open at all reasonable times for inspection by the
Director Of Aviation and all other duly authorized agents of the
City, and to annually render to the City d satisfactory written
account showing the total O00b8r Of bales Of cotton produced from
said land and/or the total OU0b2r of applicable units of other
crops produced therefrom, and the value of 5d7e price thereof.
790 December 13, 1984
21. Lessee shall not transfer or assign this Agreement or
any privilege hereunder, and shall not assign or sublease or in
anywise encumber any part or all of the premises leased hereby,
either voluntarily or involuntarily, without the prior written
consent of the Airport Board. If Lessee, without securing such
prior written consent, attempts to effect such a transfer,
assignment, sublease or encumbrance, or if a transfer occurs by
operation of law, the Airport Board may terminate this Agreement
upon ten (10) days notice to the Lessee.
22. The taxiways, runways and adjacent safety areas of the
Airport shall not be used by the Lessee or any agent, servant or
employees of the Lessee as a passage or roadway for any tractor,
plow, implement or other vehicle of any character, and shall not
otherwise enter in or upon these areas or park any equipment or
vehicle upon said areas.
23. No irrigation ditch shall be placed in such close
proximity to a taxiway, runway or safety area so that the
foundations thereof or surface may be flooded or weakened by
water seepage, and no irrigation ditch shall be constructed at
any location unless expressly approved by the Director of
Aviation.
24. Lessee agrees to conduct farming operations in accor-
dance with Airport safety and security rules, regulations and
procedures that apply or may apply in the future to the areas and
authorizations granted herein.
25. The Lessee covenants that during the time this Agree-
ment is in force, he will at all times and in all seasons so
cultivate all of said lands, whether planted or not, so as to
prevent the blowing of top soil, sand and dust from said lands on
to the landing strip areas and taxiways.
26. Lessee agrees to indemnify, defend and forever same the
Airport Board and City, their authorized agents, representatives
and employees harmless from and against any and all penalties,
liability, annoyances or loss resulting from claims or court
action of any nature arising directly or indirectly out of any
acts or omissions of the Lessee, his agents, servants, guests,
employees or business visitors under this Agreement.
27. The parties hereto mutually agree that fertilization of
farm land is and will be mutually beneficial and should be
undertaken as warranted. The City agrees to pay one-fourth (1/4)
of any agreed fertilizing program on cotton crops and one-third
(1/3) of any agreed fertilizing on all other crops. The parties
agree that a Letter Agreement outlining the fertilizing program
and its maximum monetary limitations shall be executed annually
prior to commencing any fertilizing operations. The parties
further agree that the City's share of agreed fertilizing
operations shall be deducted from rentals owed by Lessee to the
City in each and every year throughout the term of this Contract
for any extension thereof.
28. The Lessee, its agents and employees will not discrim-
inate against any person or class of persons by reason of sex,
race, color, creed or national origin in providing any services
or in the use of any of its facilities provided for the public,
in any manner prohibited by the Federal Aviation Regulations.
The Lessee further agrees to comply with such enforcement
procedures as the United States might demand that the City take
in order to comply with the Sponsor's Assurances (City).
Lessee agrees to not discriminate against any employee or
applicant for employment because of race, creed, color, sex or
national origin. The Lessee agrees to take affirmative action to
insure that applicants are employed and that employees are tested
during employment without regard to their race, creed, color, sex
or national origin. Such action shall include, but not be
limited to employment, upgrading, demotion or transfer, recruit-
ment, layoff, rates of pay or other forms of compensation, and
selection for training, including apprenticeship.
December 13, 1484 -QT
The Lessee will conduct its activities and operate its
facilities in accordance with the requirements of Section 504 Of
the Rehabilitation Act of 1473 and will assure that OV qualified
handicapped person shall, solely by reason of his or her handicap
be excluded from participation in, be denied the benefits of, or
Otherwise be subjected to discrimination, fOClUdfOg discrimina-
tion in employment, under any program Or activity of the Lessee.
Executed this 13th day of December, 1984.
CITY OF LUBBOCK:
BY: /s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
Ranette Boyd
City Secretary
APPROVED AS TO CONTENT:
/s/ Marvin Coffee
Marvin Coffee
Director of AYidt1OO
APPROVED AS TO FORM:
/s/ Michele Hart
Michele Hart
Assistant City Attorney
84-43A-79I-I260
/y4.\
LESSEE:
K. F. THIEL & SONS
The Airport has, for many years, leased its land in and
around runways, taxiways, approach zones, and safety
areas~ Kenneth Thiel has been conducting this farming
operation for the past three years, having taken over
the remaining Contract that Jack Henry and Jack Louden
(partners) had for many years.
Mr. Thiel and his sons now have three years experience
with farming around our aircraft movement areas and have
cooperated with our Airport requirements, and they have
done a very fine '0b in caring for the land and maiOtaiDing our safety and security needs.
-
The proposed Contract is for five years, January l, 1985
through December 31, 1089, which can be extended year to
year thereafter for a maximum of ten years. This covers
approximately I,100 acres of Airport land, and the crops
are usually cotton, grain, and onions, with some of the
land being irrigated and some dry land farming.
ID order to provide flexibility for Airport development,
the City retains the right to change the farming area SO
as to be able to make necessary Airport improvements.
The Airport Board reviewed this farming operation and
recommended approval Of the Contract to City Council.
Motion was made by Councilman Brown, seconded by
CVUOcilwO0dD Baker, authorizing R8S0lUti0O #1888 as set
out above. Motion carried: 7 Yeas; 0 Nays.
Consider Resolution authii the County of Lubbock and City of Lubbock for_
tion of a north access road at the Airport.
RESOLUTION #1889
between
792 December 13, 1984
RESOLUTION #1889
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
between the City of Lubbock and the County of Lubbock for the construction
of a north access road for the purpose of serving the north side Airport
development and Air Traffic Control facilities, 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 13th day of December, 1984.
/s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Marvin Coffee
Marvin Coffee, Director of Aviation
APPROVED AS TO FORM:
/s/ Michele Hart
Michele Hart, Assistant City Attorney
The Airport Master Plan includes a north access road for
the Air Traffic Control facilities and north side
development.
The FAA has requested that we consider this two-mile
section of road at this time since other access east of
the Airport is quite difficult at times. When Guava was
closed because of runway approach clearances, a County
road was improved for two miles east of Guava, and this
is connected to a road which is paved but impassable at
times because of standing water and/or drifting snow.
The FAA has suggested that their share of funding for
this north access road be secured from existing remaining
unused funds from the Apron Expansion Grant. The Apron
Expansion Project is now nearly complete and there has
not been any expenditure made from Contingency Funds of
$106,000. The City share of this Project would come from
available General Obligation Bonds already sold.
It is proposed that the City enter into an Agreement with
the County of Lubbock whereby the County will provide
construction of this road and the City will reimburse the
County 100% for construction costs. In addition, the
County will, at their expense, acquire right-of-way
on the north one -mile portion and deed this over to the
City at the completion of the Contract. The City and
County each will share 50% of the cost for survey work.
The City will be responsible for 100% of the costs for
capping wells and relocation of an irrigation line on
the south one -mile portion, and 100% of the cost of
relocating utility lines for the entire two-mile section.
The FAA will be participating 90% on only the south
one -mile portion of the Project. This is because the
south one -mile portion will be on existing Airport land
and will not be providing private access as does the
north one -mile section. The capping of existing wells
and relocating of irrigation lines are on the south
portion on which the FAA will be participating.
The breakdown of road construction costs on this project
is as follows:
December 13, 1984
793
Total Project (2-mile section) = $132,000
City cost of construction = $ 66,000
Plus 10% of south 1 mile = $ 6,600
Total City cost --road construction = T 72,600
FAA Participation--
90% of the south 1 mile = $ 59,400
Total Construction Cost = _132_.,000
There will be other costs for this Project, some of which
will be eligible for Federal participation. The project
budget is as follows:
NON TOTAL
NORTH ACCESS ROAD
ELIGIBLE
ELIGIBLE
CITY
90%FAA
10% City
CITY
COST
------------------------------------------------------------
Construction
(2 miles)
591,400
6,600
66,000
72,600
Relocate power lines
20,000
20,000
Capping wells, relocat-
ing irrigation line &
surveys
6,300
700
700
Engineering & Misc.
3,600
400
400
Administration
180
20
20
Contingency
6,570
730
7,730
SUB-TOTALS
-------
$76,050
------
$8,450
-------
$92,600
-------
$101,050
Total FAA Funding = $ 76,050
Total City Funding = $101,050
Total Project Budget = $177,100
The original budget for this north access road was
$536,524; however, contracting with the County has
proved advantageous to both parties. Construction will
utilize the County's paving design and specifications
which will provide an all weather surface.
The approved Capital Projects Budget is for $133,000.
If the Council approves this request, an amended
Capital Projects budget item will be approved through
the Budget and Research Department.
The FAA has approved this proposed Contract with the
County and we have completed the necessary changes to
the original Grant. The Airport Board has reviewed
this and recommends that City Council approve the
Contract.
Motion was made by Councilman Patterson, seconded by
Councilman Nash authorizing Resolution #1889, as set
out above. Motion carried: 6 Yeas; 1 Nay --Mayor Pro
Tem Carpenter.
84-43A-793-1261
(25.) Consider Standard Utility Agreement with the State
Department of Highways and Public Transportation and
authorize the Mayor to execute same.
RESOLUTION #1890
RESOLUTION #1890
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. 0067-11-017 for
Interstate Highway 27 Project in Lubbock, Texas for relocation and/or
adjustment of water lines from 40th Street to Loop 289 South, 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.
SECTION 2. THAT the Mayor is hereby authorized to execute any
additional agreements, statements Or dOCU08Ots necessary to carry out the
purposes of the Contract hereindb0Ye 08MtiO08d.
Passed by the City Council this 13th day of December, 1984.
/s/ Alan Henry
ALAN HENRY, OR
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Chief
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Asst. City Attorney
This Agreement will provide for the State to compensate
the City for work dOM8 associated with the storm
drainage system in 48th Street. The original Agreement
provided that all utility adjustments would be
performed by the Contractor during the construction
work for the State. However, during the course of the
construction, the City has been iOVOlVgd in relocation
of water and wastewater utilities. This Agreement is
their standard Agreement for compensating the City for
work done.
Motion was made by Councilman Nash, seconded by
Councilman Brown, authorizing Resolution #I890, OS 32t
out above. Motion carried: 7 Yeas; O Nays.
84-43A-794-1262
(26.) Consider accepting work done under Contract for
Frankford Avenue Water Distribution Main and
authorizing final payment to the Contractor.
84-43A_794-1203
(27.) Consider d Resolution accepting t d sewer
7mpr0V20eDt3 in the M8dU0wS Addition, Lots 1346-1433.
RESOLUTION #189I
RESOLUTION I891
RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 1346
THROUGH 1433, THE MEADOWS ADDITION.
WHEREAS, the developer of Lots 1340 through 1433, the Meadows Addition,
have complied with the provision Of the City of Lubbock Code, Chapter 28,
Article TV, by providing the water and Sewer i0pr0Ve02DtS for said addition in
accordance with paragraph 156 of said Chapter 28, and
WHEREAS the total utility cost to the developer is $34,144.77 with the
improvements constructed by Panhandle Construction CO. hdYfDg d value of
$24,823~65 OS determined by the unit prices established by said Chapter 28, and
$5,677.76 CdSh paid to the City with Gary L. Johnson, the developer to receive
d refund Of $3,643.36 in accordance with Chapter 28 of the Code of the City of
Lubbock and a refund of deposit in the dmOUOt Of $159.30, and
WHEREAS, the construction Of the Said water and sewer 1mVr0Ye080tS was
performed under the supervision of the Water Utilities Engineer and completed
in accordance with the City of Lubbock's plans and specifications,
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
l. That the improvements be and the same are hereby accepted as an integral
part of the water and sewer system Of the City Of Lubbock.
2. That the refundable cost in the OmVUOt Of $3,543.36 be made in accordance
with said Chapter 28.
3. That a refund of deposit be made in the O0VuOt of $159~30.
4. This resolution shall take effect and be in force from and after its
passage.
PASSED AND APPROVED THIS 13th DAY OF DECEMBEQ, I984.
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Wilford
Wilford D. Watson, Chief Water
Utilities Engineer
APPROVED AS TO FORM:
Ci—ty Attorney
/s/ Alan Henry
Mayor
Motion was made by Councilwoman Trej0, seconded by
Councilwoman Baker accepting work done under Contract
for FraOkf0rd AYeOUS Water Distribution Main and
authorizing final payment to the Contractor; and
authorizing Resolution #1891, as Set out above. Motion
carried: 7 Yeas; O Nays.
84-43A-795-1264
(28.) Consider an Order and Resolution pertaining to a Rate
Change Application filed by Lubbock Power and Light and
RESOLUTION #1892
ORDER AND RESOLUTION
AN ORDER AND RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LUBBOCK,
TEXAS, PERTAINING TO A RATE CHANGE APPLICATION FILED WITH THE CITY SECRE-
TARY BY LUBBOCK POWER AND LIGHT AND WATER.
WHEREAS, Lubbock Power and Light and Water heretofore UpUD September
5, 1984, filed On application with the City Secretary of the City of
Lubbock pertaining to establish a change in tariffs with regard to cus-
tomers paying bills by automatic bank draft; and
17 1
��J || WHEREAS, such changes are not major changes; and
WHEREAS, such rate changes will result in a savings to affected
customers of the utility; NOW THEREFORE:
~`
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
796 December 13, 1984
THAT Lubbock Power and Light and Water may implement the changes in
tariff filed with the City Secretary of the City of Lubbock, a copy of
which statement of intent is attached hereto as Exhibit A, as of October
10, 1984.
Passed by the City Council this 13th day of December, 1984.
/s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Carroll McDonald
Carroll McDonald, Director of Electric
Sales and Service
Q 91 ff ff 10 A 9 F All will F101 a
/s/ Donald G. Vandiver
Donald G. Vandiver, Assistant City Attorney
At the request of Council at the November 15, 1984
meeting, Staff looked into the feasibility and effect
of a 1% discount for customers who pay their
electricity bills by bank draft.
Based on the present number of customers who pay by
this method, the total effect on revenue as a result of
this discount would be a reduction of $11,650.13, based
on an average bill of $43.38 for 2,238 customers. By
granting this additional 1% discount it is estimated
that approximately 800 more of our present customers
will initiate the bank draft method of payment,
affecting revenue further by $4,164.58, for a total
effect for 3,038 customers of $15,814.61.
Since the request is not for a major rate change and is
involving a reduction, City Council had the option to
approve the change without a hearing and without the
usual 35-day waiting period, allowing for an implemen-
tation date of January 1, 1985.
The proposed discount would be insignificant as far as
the effect on total revenues and the benefits would be
improved cash flow and public relations. The Electric
Utilities Board reviewed this proposal and recommended
its approval to City Council.
Motion was made by Councilwoman Baker, seconded by
Mayor Pro Tem Carpenter authorizing an Order and
Resolution #1892 as recommended by the Electric
Utilities Board and City Staff and as set out above.
Motion carried: 7 Yeas; 0 Nays.
84-43A-796-1265
(29.) Consider a Resolution authorizing the Mayor to sign a
Contract and related documents with the Texas Depart-
ment of Community Affairs for an Energy Crisis Inter-
vention Program.
RESOLUTION #1893
RESOLUTION #1893
WHEREAS, federal funds of the Department of Energy are to be made
available through the Texas Department of Community Affairs to local
agencies for the establishment of an Energy Crises Intervention Program for
fiscal year 1985, and
7,
WHEREAS, the Texas Department Of Community Affairs will select local
dgeOCYe5 to administer this program, and
WHEREAS, the Texas Department of Community Affairs has made it known
that the City of Lubbock will certainly be selected as one of the local
agencies for funding, and
WHEREAS, the T8XdS Department Of Community Affairs will forward 3
grant funding agreement to the City Of Lubbock sometime after December 13,
1984, and
WHEREAS, there is a need for the City to assist the grant as 3OOn as
possible in order that the program be made available to eligible applicants
in time of greatest need; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor Of the City Of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock d grant
funding agreement between the City of Lubbock and the Texas Department of
Community Affairs providing for funding for an Energy Crises Intervention
Program for fiscal year 1984; provided however, this authorization is
subject to the following conditions:
(a) That the grant agreement be approved by the City Attorney.
(b) That no matching funds are required on behalf of the City.
(C) That 6% of available program funds be available for adminis-
trative costs.
/d\ The eligibility Of applicants will pertain to low income families
only. Households with elderly Or handicapped individuals would
receive priority consideration. Families receiving AID to
Families with Dependent Children or Supplemental Security Income
would be automatically eligible.
/e\ Utility bill payments could be made in the actual a0OUDt needed
to prevent disconnection of service Or to restore service, but
the amount could not exceed $400^00.
Passed by the City Council this 13th day of December, 1984.
/s/ Alan Henry
ALAN HENRY, OR
ATTEST:
Kan8tte Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Rita Harmon
Rita Harmon, Assistant City Manager
APPROVED AS TO FORM:
/s/ Laura J. Monroe
Laura J. Monroe, Assistant City Attorney
The purpose of the Energy Crisis Intervention Program
is to provide assistance to low income, elderly and
handicapped persons with payments Of utility bills
during the winter season, and priority is given to
households with elderly or handicapped individuals.
Payments are made directly to the utility companies in
order to prevent utilities from being disconnected for
non-payment. Each Winter, the social service agencies
in Lubbock receive more requests for assistance with
utilities bills than funds are available. Agencies
have attempted to pool their r83VUrc8S to meet the
needs, but grant funds are needed. On October 5, 1984,
the Texas Department of Community Affairs conducted a
Public Hearing in Lubbock to receive input on the needs
Of the local CO00UOitv, and based on the needs
identified, regulations are developed and agencies are
selected.
798 December 13, 1984
The Community Services Department has been contacted by
the Texas Department of Community Affairs and has been
verbally notified that the City of Lubbock will receive
a Grant from TDCA in the amount of $53,821.00 to
provide utility assistance to eligible participants.
TDCA will forward a Funding Agreement to the City of
Lubbock for approval within the next two weeks. Because
of the impending bad weather, there is a need for the
City to be able to execute a Contract with TDCA as soon
as it is received so that we can begin dispersing
assistance immediately upon receipt of funding.
A Resolution was drafted that would authorize the
Mayor to execute on behalf of the City, a Funding
Agreement between the City of Lubbock and the Texas
Department of Community Affairs for Fiscal Year 84-85,
provided however that the Funding Agreement and the
authorization include the following conditions:
1. That the Grant Agreement be approved by the
City Attorney before being signed by the
Mayor.
2. That no matching funds be required on behalf
of the City.
3. 6% of the available Program funds be avail-
able for administrative costs.
4. The eligibility of applicants will pertain to
low income families only, with priority being
given to households with elderly or handi-
capped individuals.
5. Utility payments will be made in the actual
amount needed to prevent disconnection of
service or to restore service, but not to
exceed $400.
Although the Funding Agreement had not been received at
the time of Council meeting, it was recommended that
the Mayor be authorized to sign the Agreement when it
is received and that the City be authorized to begin
dispersing funds provided that the conditions outlined
in the Resolution are included in the Funding Agree-
ment.
Motion was made by Councilman Nash, seconded by
Councilwoman Trejo, authorizing Resolution #1893 as set
out above. Motion carried: 7 Yeas; 0 Nays.
(30.) Consider Resolution amending the By -Laws of Lubbock
Health Facilities Development Corporation.
RESOLUTION #1894
RESOLUTION #1894
WHEREAS THE BOARD OF DIRECTORS OF LUBBOCK HEALTH FACILITIES DEVELOP-
MENT CORPORATION HAVE ADOPTED THE FOLLOWING AMENDMENT TO SECTION 1.3 OF THE
BYLAWS OF SAID CORPORATION:
Section 1.3. Limitation on Purposes. In the exercise of its powers
and the accomplishment of t e purposes of the corporation, no real,
personal, or mixed property shall be acquired, constructed, provided,
improved, financed, or refinanced unless (i) such property constitutes
a "health facility", as defined in the Health Facilities Development
Act, Chapter 783, Acts of the 67th Legislature, Regular Session, 1981
and (ii) the "user" of such "health facility" is a "non-profit
corporation", as defined in the Hospital Project Financing Act,
Article 4437e-2, Vernon's Texas Civil Statutes and such user is an
organization described in Section 501(c)(3) of the Internal Revenue
Code of 1954, as amended, and is exempt from tax under Section 501(a)
of such Code, or the "user" is a "user" under the Health Facilities
Development Act which meets the following criteria:
A. The "health facility" of such "user" is one requiring d
Certificate Of Need from the Texas Health Facilities
Commission and prior to final approval Or Other action of
the board Of directors of this corporation in connection
with Such facility, such Certificate of Need shall have been
obtained.
B. The board of directors of the corporation shall have
determined that the "health facility" would be beneficial to
the public and the public interest would be Served by the
acquisition, construction, providing for, improving,
financing or refinancing of such health facility.
WHEREAS, Section 3.05 of Article 1528, V.A.C.S., requires that the
adopted amendment to the Bylaws of the Lubbock Health Facilities Develop-
ment Corporation be approved by the City Council Of the City of Lubbock,
and
WHEREAS, the City Council Of the City of Lubbock deems it to be in the
best interest Of the citizens of the City Of Lubbock that such amendment as
above 58t forth be approved; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the amendment to the Bylaws of Lubbock Health Facilities Develop-
ment Corporation, as her2iDdb0ve set forth, RE and is hereby approved.
Passed by City Council this 13th day of December, 1984.
MAYOR
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Robert Massengale
Robert Massengale, Assistant City Manager
APPROVED AS TO FORM:
John C. Ross, Jr., City Attorney
When the City Council originally established the Health
Facilities Development Corporation, they stipulated in
the By -Laws that the recipient of any financing issued
by LHFD would be d non-profit corporation and be the
holder of a Certificate Of Need. Sometime later, the
Board of Directors of the Lubbock Health Facilities
Development Corporation approached the City Council and
asked them to remove the "non-profit" portion of the
requirement, enabling d for -profit corporation that
held d Certificate of Need to participate in financings
issued by the Health Facilities Development Corpora-
tion.
Now it is the wish Of the Lubbock Health Facilities
D8V9lVp08Ot Corporation Board that the restriction Of
being d corporation be removed, enabling such entities
as sole proprietorships Or partnerships to have a
Certificate of Need and participate in tax exempt
financings from the Lubbock Health Facilities Develop-
ment Corporation.
Motion was made by Councilwoman Baker, S8COOded by
Councilman Nash to approve QesOlUt18D #1894, as set out
above. Motion Carried; 7 Yeas; 0 Nays.
P.O. L-13541
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me Do ro t h y R u s s e I I a Notary Public in and for Lubbock County, Texas on this day
personally appeared Steve BeasIey9 Advertising Director of the Southwestern Newspa-
pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who
being by me duly sworn did depose and say that said newspaper has been published continuously for more
than fifty-two weeks prior to the first insertion of this Legal Notice
No. 508685 at Lubbock County, Texas and the attached print-
ed copy of the Legal Notice is a true copy of the original and was print d in the Lubbock
Avalanche -Journal on the following dates: November 14 9 21 + 30 9 1984
140 Words @ 1.05 Per word = $1 .00 A.AcIaQIDANCEi
Advertising Director
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this 16 t h day of January- 19 85
FORM 58-10
84-43A-800-1267
( 9.A)
j �6�� ug-
F�-� DOrROip=.Y RUSS t xas
wa?sty Pt�h!i� Stag, T�
0 3r'
m r71 t.X pii ��, ri;i'�.
Hold a Public Hearing concerning development of Parks
Mineral Estate in accordance with provisions of Section
26.001 of the Parks and Wildlife Code of the State of
Texas.
Mayor Henry opened the Public Hearing at 10:15 a.m, and
no one appeared to speak either for or against this
proposed development. The Public Hearing was set to
satisfy requirements of Section 26.001 of the Texas
Parks and Wildlife Code. The Hearing was advertised
three times in accordance with the State Statute.
Mayor Henry closed the hearing.
Consider approval of findings as required by Section
26.001 of the Parks and Wildlife Code of the State of
Texas.
November 8, 1984 the City Council approved a Resolution
authorizing the Mayor to sign an Oil and Gas Lease of
approximately 1,200 acres of City parks land to Mr.
W.E. Medlock, Sr. The previous item was the Public
Hearing required by the State Parks and Wildlife Code
and after the hearing, City Council was informed that
their findings must be that:
1. There is no feasible and prudent alternative
to the use or taking of such land, mineral
estate; and
2. Such program/project includes all reasonable
planning to minimize harm to such land
resulting from the proposed use or taking.
With reference to the first finding the Council may
determine that there is no "feasible and prudent"
alternative to extract oil/gas from beneath the surface
other than to use selected areas of the surface to
drill wells. Also, that geologic formations determine
the location of deposits and corresponding well sites.
Council affirmed that the land will continue to be used
.for park purposes.,- and noted that the voters of the
community have approved the development of mineral
estates in City Park lands.
With reference to the second finding, the mechanism to
minimize harm to the land is already established by the
City's Drilling Permit Process. Each drill site and
conditions related thereto must be approved by the City
Council. Mr. Medlock has filed Applications for two
Drilling Permits for sites in Yellowhouse Canyon Park.
Contingent upon favorable findings by Council on this
item, approval was recommended.
Motion was made by Councilman Nash, seconded by
Councilwoman Baker affirming that provisions of Section
December 13, 1984 801
7
7�
7
P.O. L-13541
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me Dorothy R us s e I I a Notary Public in and for Lubbock County, Texas on this day
personally appeared Steve BeasIeyf Advertising Director of the Southwestern Newspa-
pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who
being by me duly sworn did depose and say that said newspaper has been published continuously for more
than fifty-two weeks prior to the first insertion of this Legal Notice
No. SOA RS at Lubbock County, Texas and the attached print-
ed copy of the Legal Notice is a true copy of the original and was printed in the Lubbock
Avalanche -Journal on the following dates: November 14921v30+ 1984
140 Words Ca 1.05 Per word = $147.00
Advertising Director
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this 161 hday of January_ 19 85
FORM 58-10
No!ary Public In And For the Stat OI iexaLs�""�
My Commission Expires Nov. 9, 1998
84-43A-801-1268
(9.B) Hold a public hearing for the purpose of considering
the request of Medlock Operating Company for an Oil and
Gas Drilling Permit on a tract of land that is 330
south and 67 east of the northwest corner of
Section 12, Block , Lu ock County, Texas in the park
area north of the Soccer Complex).
Mayor Henry opened the Public Hearing at 10:20 a.m. and
Mr. W.E. Medlock spoke affirming that he was agreeable
to changes proposed by Staff, those being: 1) earthen
pits not be allowed as proposed by proponent, and,
instead, steel sludge pits be required; and 2) that
landscaping be according to the drawing submitted
(attached to and made a part of the Oil and Gas
Drilling Permit File for Medlock Comanche Canyon #1).
No one else appeared to speak for or against this issue
and Mayor Henry closed the Hearing.
Consider approval of an Oil and Gas Drilling Permit for
Medlock Comanche Canyon #1.
On November 13, 1984, Medlock Operating Company made
application to drill the Medlock-Comanche Canyon #1.
The well is proposed in the area north of the Lubbock
archaeological site and the Burl Huffman Soccer
Complex. The application is substantially in order.
The storage tanks will be in conjunction with storage
for #2, and will be located at the corner of Sections
12, 13, 14, and 2 of Block A, Lubbock County, Texas.
The east/west section line is aligned with Kent Avenue
and the north/south section line would be Indiana, if
extended. The production unit is 40 acres and is
unitized. The Application states that a minimum 3,000
psi blowout protector will be installed, that disposal
of waste products will be at a Railroad Commission
approved dump, and that earth sludge pits will be used.
In the Application, landscaping is not proposed at the
storage site or at the well site. The Applicant
understands, however, that a Landscape Plan will be
required.
Short Term Land Use Impacts:
Dust, noise and traffic associated with drilling should
affect the public minimum because of the remote
location of the well. The park area is not used
adjacent to this proposed location for organized or
informal park uses.
Potential Lonq Term Land Use Impacts:
The tract is owned by the City of Lubbock and is desig-
nated as park land. At present, no formal or informal
development of the area has occurred for recreational
802' December 13, 1984
uses. The land area is also designated as a National
Archeological District. A Public Hearing will deter-
mine the location of wells and storage in the district.
With precautions for future development, the pump jacks
and storage facilities as an existing feature can be
entirely compatible. The landscape should be coordi-
nated at a later date between the permittee and the
Parks Department.
Ingress/Egress:
The route to the well site should be as stated in the
Application, a dirt road from Quaker Avenue along the
north lease line.
Recommended Permit Conditions:
1. No hydrocarbon lubricant (waste oil) shall be used
in the drilling mud or to free -up the hole during
drilling until surface casing is set for a minimum
of 350'.
2. The Permittee shall require the Contract Driller
to set the first series of surface casing to a
depth of 350' before proceeding with dril-
ling.
3. The Applicant shall require the Contract Driller
to notify the Texas Railroad Commission (Lubbock
office) of the intended dates for casing the
Medlock Comanche Canyon #1. The casing of the
well shall be in substantial compliance with Rule
# 13 of the Texas Railroad Commission.
4. The Permittee shall coordinate a Landscape Plan
with the Parks Department, and such Landscape Plan
is to be presented to the City Council before the
Permit to Drill is issued.
5. In addition to the requirements of Section 14-167
for a "substantial cyclone fence", the Permittee
shall install barrier -type fencing at the top of
the required fence.
6. The Permittee shall meet all other conditions of
Section 14 of the Lubbock Code and those specifi-
cations contained in the Application for Medlock
Comanche Canyon #1.
7. Because of the existing, producing water wells
near the proposed site, steel sludge pits must be
used.
8. This Permit is contingent upon the payment of all
monies due and owing to the City of Lubbock by the
Lessee/Permittee.
9. This Permit is also contingent upon the Permittee
receiving approval of the Texas Antiquities
Committee as provided for in the Texas Antiquities
Act and any other relevant State legislation.
Motion was made by Councilwoman Baker, seconded by
Councilman Patterson approving the application for oil
and gas drilling permit for Medlock Comanche Canyon #1
well, stipulating that steel sludge pits be installed
(rather than the requested earthen sludge pits) and
that a landscape plan approved by the Parks Department
be required. Motion carried: 7 Yeas; 0 Nays
December 13, 1984
,8031
F-
7
FJ
THE STATE OF TEXAS P.O. L-13541
COUNTY OF LUBBOCK
Before me _Dorothy Russel I a Notary Public in and for Lubbock County, Texas on this day
personally appeared S t ey e Be as I e Y 9 Ad v e r t is i n g Di re c to r of the Southwestern Newspa-
pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who
being by me duly sworn did depose and say that said newspaper has been published continuously for more
than fifty-two weeks prior to the first insertion of this LEBa I Notice
No. 508685 at Lubbock County, Texas and the attached print-
ed copy of the Legal -Notice is true o of the original and was printed in, t u ,,,,Lubbock
Avalanche -Journal on the following dates: t�o v e m�i 149219309 1984
140 Words (a 1.05 Per word = $147.00 = ,
Advertising Director
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this 16 t h day of J a n u a ry
FORM 58-10
84-43A-803-1269
19 85
( 9.C) Hold a Public Hearing for the purpose of considering
the request of Med ock Operating Company for an Oil and
Gas Drilling Permit on a tract of land that is 1263
south and 346 east of the northwest corner of
Section 12, Block A, Lubbock County, Texas in the park
area north of the Soccer Complex .
Mayor Henry opened the Hearing at 10:27 a.m, and no one
appeared to speak. Mayor Henry closed the Hearing
after brief discussion by Council.
Consider approval of an Oil and Gas Drilling Permit for
Med ock Comanche Canyon #2.
On November 13, 1984, Medlock Operating Company made
Application to drill the Medlock-Comanche Canyon #2.
The well is proposed in the area north of the Lubbock
Archaeological Site and the Burl Huffman Soccer
Complex. The Application is substantially in order.
The storage tanks will be in conjunction with storage
for #1, and will be located at the corner of Sections
12, 13, 14, and 2 of Block A, Lubbock County, Texas.
The east/west section line is aligned with Kent Avenue
and the north/south section line would be Indiana, if
extended. The production unit is 40 acres and is
unitized. The Application states that a minimum 3,000
psi blowout protector will be installed, that disposal
of waste products will be at a Railroad Commission
approved dump, and that earthen sludge pits will be
used. In the Application, landscaping is not proposed
at the storage site or at the well site. The Applicant
understands that a Landscape Plan will be required.
Short Term Land Use Impacts:
Dust, noise and traffic associated with drilling should
affect the public at a minimum because of the remote
location of the well. The park area is not used
adjacent to this proposed location for organized or
informal park uses.
Potential Long Term Land Use Impacts:
The tract is owned by the City of Lubbock and is desig-
nated as park land. At present, no formal or informal
development of the area has occurred for recreational
uses. The land area is also designated as a National
Archeological District. A Public Hearing will deter-
mine the location of wells and storage in the district.
With precautions for future development, the pump
jacks and storage facilities as an existing feature can
be entirely compatible. The landscape should be
coordinated at a later date between the Permittee and
the Parks Department.
Ingress/Egress:
8014, December 13, 1984
Recommended Permit Conditions:
1. No hydrocarbon lubricant (waste oil) shall be used
in the drilling mud or to free -up the hole during
drilling until surface casing is set for a minimum
of 350'.
2. The Permittee shall require the Contract Driller
to set the first series of surface casing to a
depth of 350' before proceeding with drilling.
3. The Applicant shall require the Contract Driller
to notify the Texas Railroad Commission (Lubbock
office) of the intended dates for casing the
Medlock Comanche Canyon #2. The casing of the
well shall be in substantial compliance with Rule
13 of the Texas Railroad Commission.
4. The Permittee shall coordinate a Landscape Plan
with the Parks Department. Such Landscape Plan
shall be presented to the City Council before the
Permit to Drill is issued.
5. In addition to the requirements of Section 14-167
for a "substantial cyclone fence", the Permittee
shall install barrier -type fencing at the top of
the required fence.
6. The Permittee shall meet all other conditions of
Section 14 of the Lubbock Code and those specifi-
cations contained in the Application for Medlock
Comanche Canyon #2.
7. Because of the existing, producing water wells
near the proposed site, steel sludge pits must be
used.
8. This Permit is contingent upon the payment of all
monies due and owing to the City of Lubbock by the
Lessee/Permittee.
9. This Permit is also contingent upon the Permittee
receiving approval of the Texas Antiquities
Committee as provided for in the Texas Antiquities
Act and any other relevant State Legislation.
Motion was made by Councilman Nash, seconded by
Councilwoman Trejo approving this application for Oil
and Gas Drilling Permit as set out above, and with the
same stipulations as in permit for Medlock Comanche
Canyon #1 Well. Motion carried: 7 Yeas; 0 Nays.
84-43A-804-1270
(31.) Consider Resolution authorizing the
Oil Lease Unitization Agreement.
RESOLUTION #1895
r to sign an
December 13, 1984 805
RESOLUTION #I845
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 d Unit
Agreement, EdmisS0D /Cl8arfOrk\ Field, Lubbock County, Texas, attached
herewith, which shall be spread upon the minutes of the COUUC1l and OS
spread UpOO the minutes Of this Council shall constitute and be d part Of
this Resolution JG if fully copied herein in detail.
Passed by the City Council this 13th day of December,1984.
/s/ Alan Henry
�
ALAN HENRY, MAYOR
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Robert Massengale
Robert Massengale, Assistant City Manager
APPROVED AS TO FORM:
John C. Ross, Jr., City Attorney
The City Of Lubbock 0wO5 d parcel Of land that is a
southern portion of the Airport property known legally
as the north half Of Section 10, Block A, of Lubbock
County, Texas. The mineral rights under this land are
currently leased to S.E. Cone, Jr., until August 28,
1985. Mr. Cone has presented to the City a Unit
Agreement to include forty acres of this one-half
section in a Secondary Water Flood Recovery Program.
This Unitization Proposal 1DClud85 a fairly large area
that is outlined on d map labeled Exhibit B within the
Agreement. The total acreage in the unit is 4,379.08.
The production to be allocated to the property that
belongs to the City of Lubbock is .12730% Of the total
unit.
The proposal has been reviewed by the City Attorney/5
Office and the Planning Department with no exceptions
noted.
L.D. Sherman, d Petroleum Engineer OO the City Staff,
has reviewed the proposal thoroughly and he and
Assistant City Manager Robert Massengale 02t with Steve
Cone and have cleared questions that the Staff had
about the unit.
Any new injection wells Or production wells dSS0Ciat8d
with this Unit and drilled inside the City Limits of
Lubbock, Texas will be subject to City Ordinances.
The dmVUOt Of money to be received from this production
will be minimal, approximately $25 to $100 per month.
After thorough study, the Staff advises that this
is probably the only possibility that the City will
have to receive any money from oil production UO this
property and therefore, recommends approval Of the
Resolution.
Motion was made by Councilwoman Raker, seconded by
Councilman Brown, authorizing Resolution #I895, as set
out above. Motion carried: 7 Yeas; 0 Nays.
84-43A-805-1271
(32.) Consider an Ordinance amending Section 8-4 of the Code
of Ordinances with reqard to Citv Votinq Precincts.
ORDINANCE #8694
8506 December 13, 1984
ORDINANCE NO. 8694
AN ORDINANCE AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES OF THE CITY
OF LUBBOCK, TEXAS, TO PROVIDE FOR VOTING DISTRICTS OF THE CITY OF LUBBOCK
AND PROVIDING DESCRIPTIONS OF SAID VOTING DISTRICTS; PROVIDING FOR AMEND-
MENT OF BOUNDARY DESCRIPTIONS OF VOTING PRECINCTS TO ACCOMMODATE AREAS
NEWLY ANNEXED TO THE CITY OF LUBBOCK; PROVIDING FOR THE CREATION OF TWO NEW
VOTING PRECINCTS AND PROVIDING BOUNDARY DESCRIPTIONS OF SAID PRECINCTS;
PROVIDING A MAP OF THE VOTING PRECINCTS AND VOTING DISTRICTS OF THE CITY OF
LUBBOCK; PROVIDING THAT ALL PORTIONS OF CHAPTER 8 NOT HEREIN AMENDED SHALL
REMAIN THE SAME; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
84-43A-806-1272
(33.)
Original Copy of Lease filed
w/ Original Resolution
In accordance with City Council instructions, the City
Attorney's Office prepared an Ordinance amending
Chapter 8 of the Code of Ordinances with regard to
election precinct changes necessitated by the Carlisle
Annexation.
This annexation required the creation of two new City
Voting Precincts (#31 and #32). The boundary between
the two precincts, as well as the numbers for them,
track the existing County Voting Precincts in
the newly -annexed area. Essentially, #31 is the north
1/2 of Carlisle, while #32 is the south 1/2. The
polling place for #31 will be Reese Elementary School
and the Frenship School District has given their
approval for that use of the school. At the present
time, there does not appear to be a suitable public
building in #32, so it probably will be consolidated
with the nearest voting precinct to the east until such
time as a suitable location is obtained with in the new
precinct.
Creation of the two new precincts also required
amendment of the boundary descriptions of four
additional precincts (#'s 53, 57, 58, and 59), since
their west boundaries are no longer the City limits.
There was no substantive change, but merely a change in
the description of their west boundary lines.
A new paragraph was added to Section 8-4 setting out
the Voting Districts and indicating which City Voting
Precincts are to be contained within each Voting
District. The Districts contain the precincts
determined by the City Council at the November 15, 1984
work session. The remainder of the Ordinance is
routine provisions with regard to publication, maps,
etc.
Motion was made by Councilwoman Baker, seconded by
Councilman Brown, passing Ordinance #8694 on first
reading. Motion carried: 7 Yeas; 0 Nays.
BID #8040--Oil and gas lease --and authorize same
Property Management).
RESOLUTION #1896
RESOLUTION #1896
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 Oil and Gas
Lease between the City of Lubbock and Texland Petroleum, Inc., attached
herewith, which Shall be spread UpnM the minutes of the Council and as
spread UpVD the minutes of this Council shall COOStitUt8 and be a part of
this Resolution as if fully copied herein in detail.
Passed by the City Council this I3th day Of December, 1984.
/s/ Alan Henry
ALAN HENRY, OR
ATTEST:
Ranette Boyd, City Secretary
/s/ Robert Massengale
Robert Massengale, Asst. City Manager
APPROVED AS TO FORM:
/s/ Laura J. Monroe
Laura J. Monroe, Asst. City Attorney
BID FOR
OIL AND GAS LEASE
WITH THE CITY OF LUBBOCK, TEXAS
AFFIDAVIT
STATE OF TEXAS
COUNTY OF TARRANT
The Undersigned, R. J. Schumacher being Of lawful age, being first
duly sworn, states upon Oath that he is President Of Texldnd Petroleum
Inc., the Bidder, and being duly authorized and being informed as to the
terms of the Oil and Gas Lease Agreement, proposes to enter into said Lease
Agreement with the City Of Lubbock, in accordance with the terms,
conditions, and exceptions Set forth in the Instructions to Bidders, and
the Oil and Gas Lease enclosed with "Solicitation for Bids" dated October
22, 1984. -------
�
l. BID
AS set Out in the Oil and Gas Lease Agreement, the Undersigned agrees
to pay the City as follows: (State in words and figures)
Bonus: Twenty -Five Thousand Five Hundred Dollars ($25,500.00)
As part of this bid, the Undersigned submits herewith the following:
(d) d cashier's Or certified check issued by a bank satisfactory
to the City of Lubbock Or a Standard Commercial GUdrdOtv 8VMd in
the penalty O0nUDt Of Five Thousand and No/100 Dollars
/$5,000.00\ as required by paragraph 3, "The Bid" Of the
Instructions to Bidders. -------
The Undersigned, if he is notified that he has Submitted the succeSful bid,
agrees that he will within ten /lO\ days of approval of the Lease execute
the aforesaid Oil and Gas Lease with the dfOrestated Bid incorporated
herein. It is understood that the executed Lease will not be binding upon
the parties VRl83s and until it is approved by the City Council of Lubbock,
Texas.
The Undersigned represents that this bid is made without any
connection with any other person making d bid for the SO0e purpose and that
it is in all respects fair and without collusion or fraud; that no
COUDCil0aD, or other officer or employee Or person whose salary is
payable in whole or in part from the City Treasury is directly interested
therein Or in the supplies, materials, or equipment and work Or labor to
which it relates, Or in any portion Of the profits thereof; that the
808 December 13, 1984
bidder is not in arrears to the City of Lubbock, Texas or to any agency
thereof upon a debt or contract and is not a defaulter, as surety or
otherwise, upon any obligation.
2. QUALIFICATIONS
The Undersigned gives the following information and covenants that the
bidder is fully qualified to conduct operations on the land to be leased in
accordance witht he terms and conditions of the attached Oil and Gas Lease.
The Undersigned further swears and affirms that the following submitted
information is true and correct.
a. The following is a list of all producing Leases operated by the
Bidder in the Lubbock area. (Not limited to Lubbock County and
including Garza, Hockley, Hale and other surrounding counties).
COUNTY
Wells Operated by
TEXLAND PETROLEUM, INC.
LEASE & WELL
Crosby Winnie Barnett #1 - #3
Winnie Barnett A #1 & #2
Cannon Estate
McGee
Price Thomas #15-1 - #15-15
Price Thomas #1106-1 - #1106-4
Price Thomas #1117-1 - 1117-11
Price Thomas #1118-1 - 1118-4
Durward E. Woodward #1 - #3
Dickens
Pike Dobbins
Hockley Mack Alexander #1 & #2
Armes -Bacon #1 - #8
D. B. Bryan A
Children's Home #1 - #2
L. Combs
F. E. Crume #1 & #2
Jack Goodgion
F. A. Hilley #1 - #4
Vandiver
F. Veretto #1 - #3
Levelland (Abo) Unit, Wells #1 - #14
NE Sundown (San Andres) Unit, Wells #1 -
#21
Lubbock C. A. Bassinger
Burford -Green
Burford -Jordan
Burford-Poyner
Burford -Martin
W. 0. & R. E. Byers
Carpenter
M. L. Crawford
Virgie Crossland
R. A. Davis
Griffis -Westinghouse
E. W. Harkey
M. L. Harmon
Hillcrst Country Club #1 - #5
R. L. Hooten #1 - #3
A. L. Horne
E. C. Horne
Olen Horne
Johnson
G. H. Johnson
Blanche Letbetter #1 - #5
Lubbock Country Club #1 - #4
Lubbock State School #1 - #3
Lucille Addition #1
Lulain Estate #1 - #4
Meador #1
Northridge Addition
O'Hair #1 & #2
O'Neal
Owens
Red Raider Unit
Sam Rosson
Earl & Katy Rowan #1 - #6
A. Seggern
H. A. Sessions
L. Edwin Smith #1 - #6
Stallings, et al
B. A. Stephenson #1 & #2
Wayne Teal
L. D. Tisdale
James Vickers
0. A. Webb Estate #I ~ #3
T. P. & F. J. Welch
L. C. Wheeler
L. C. Wheeler A
East Broadview Unit, Wells #1 - #5I
Terry V. Lundell
Pauline Morgenstern #I - #I0
Warhorse Unit, Wells #I - #46
The total number of wells operated within the above counties is over 300.
b. The following is a list of Bank reference.
Texas American Bank/Fort Worth
80X 2050
Fort Worth, Texas 76101
Attention: Mr. Peter A. MaC0Ueen
First State Bank
Box 3218
Abilene, Texas 79604
Attention: Mr. Sydney E. Niblo
The Undersigned hereby affirms that the bidder is authorized to
conduct business in the State Of Texas.
TEXLAND PETROLEUM, INC.
Bidder
BY: R. J. Schumacher
R. J. SchumdChPresident
ATTEST:
/s/ Susan Brooks
Secretary
STATE OF TEXAS
COUNTY OF TARRANT
Subscribed and sworn to before me, a Notary Public in and for Said
County and State aforesaid, this 21st day of November, 1984.
Nancy J. Friar
Notary Public in and for
Tarrant County, Texas
Nancy J. Friar
My Commission Expires: 12-13-85
The City advertised for bids for an oil lease On City
property which is bounded OD the west by Quirt, the
east by Guava, the north by UrsU(iDe and UD the south
by Erskine Street. The term of the Lease is three yeas
and the bonus offered by the bidder, Te:ldnd Petroleum,
is $25,500. The Royalties are 25% of ten barrels per
day, plus 22% less than ten barrels per day. Staff
recommended approval of this as being the highest bid.
84-43A-809-1273
/34.\ BID
RESOLUTION #I897
OIO December 13, 1984
RESOLUTION 1897
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 d contract
between the City of Lubbock and McGraw Edison Company for a 60/80/I00 MVA -
230/II5/69KV transformer, attached herewith, which shall be spread UpOO the
minutes Of the Council and as spread Up0M the minutes of this Council shall
constitute and be d part Of this Resolution as if fully copied herein in
detail.
Passed by the City Council this 13th day of December, 1984.
/s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
Rdnett8 Boyd, City Secretary
APPROVED AS TO CONTENT:
Carrollld
Carroll McDOAa\d, Director of
Electric Utilities
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver-, Assistant
City Attorney
McGraw -Edison, Amarillo, Texas --Transformer 60I80/100
MVA - 230/115/64 KA
84-43A-810-1274
(35.) BID 8I39 Tr f0 3ecV d d authorize
(Electric Distribution).
RESOLUTION #1898
RESOLUTION 1898
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 UO behalf Of the City of Lubbock d C0OtrdCt
between the City Of Lubbock and McGraw Edison Company for two 115/69/I2.5
KVA - 15/20/25 MVA transformers, attached herewith, which shall be spread
upon the minutes Of the Council and as Spread Up0A 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 13th day of December, 1984.
MAYOR
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Carroll
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, Assistant
City Attorney
McGraw -Edison, Amarillo, Texas --Transformers D23C^
1I5/69/I2.5 KV - I5/20/25 MVN
December T]^ 1984 8ii
84-43A-811-1275
/30.\ BID #8228--Projectors, cameras, recorders (various
Lubbock Audio Visual, Lubbock--1 each T8Scam 22-4 tape
recorder 4 CH, pitch control cue feature 4UU meters
micro touch (or equal); l each Tascam 22-2 reel to reel
recorder w/3 heads 15- 7 I/2 IPS speech two motors (or
equal); I each Ta5cd0 N0-20 mic mixer expansion option
6 i0pUtS, 6 outputs equalizer /0r equal); I each T5sCam
8X 20 0ic mixer with 4 i0pUts, 4 outputs (or pqUO/\; 1
each TaSCam PE-20 equalizer 0UdUl2 for 00-20 (or
equal); I each AMX-MX - 30 wireless slide projector
remote control 0n-off forward - reverse function
radio frequency (or �eqUa7\: and 4 each Kodak
EktagraphiC III A" �
slide projector with I00-I50 m0
curved field z0mn l8MS auto focus (or equal)
Photo & Sound Company, Albuquerque, N.M.--1 each Kodak
Carousel Projector case model E (0r equal); and 2 each
Luxor LE-34 34" plastic mobil cart with electrical
assembly lockable wheels (or equal).
B. J. Walker, Lubbock--2 cassette recorder with 5 watt
amp and one year warranty Tiffin Pro-CO8der I% (Or
eQUOl) with two matching external speakers; and I each
self-contained case for Slide projector and recorder
Tiffin pro -case (or equal).
84-43A-811-1276
/37.\ BID #8240--Voice logging recorder (Radio Shop --Fire
Riordan Enterprises, Atlanta, Georgia --Voice logging
recorder and instant recall recorder
84-43A-81I-I277
/38,\ BID #8244--White superior overhaul kit (Water
Cooper Energy Service, Odessa, T8xaS--12 each 757-942
cylinder overhaul kits for white superior dud) fuel 12
cylinder engine Model 40GD X 12. Kit consists of l
piston #030-7I6, 2 snap rings #028-047, I ring set
#027-328, T cylinder liner #024-420 and } basket kit
#O22-lIO.
84-43A-81I-1278
(39~) BID #8245--Pre-cast concrete manholes (Electric
Di stri buti on)-
Utilitv Vault, Chandler, Arizona --To establish d firm
price for a period Of one year for pre -case concrete
rWanh0leS to [P&L specifications #DE-0014-1-110878.
84-43A-811-1278
(4O.) BID #8246--Antifreeze (Garage)
SCOgg1D-Dickey, LUbbOCk--3000 gallons (more or less)
Ethvlen Glycol Antifreeze delivered in one gallon
plastic containers in 50 case lots
Industrial Lubricants, LUbbOck--660 gallon (more or
less) delivered in 55 gallon drums
84-43A-811-1280
/41.\ BID #8248--Topsoil (Parks and Recreation
Kerr Construction, [UbbUck--2000 CVhiC yards (more or
less) topsoil as per specification to be delivered as
needed.
812 December 13, 1984
84-43A-812-I281
/42.\ BID #8259--Repair of Landfill equipment (Sanitation
KwikWav Equipment, Lubbock --Labor per hour; labor per
hour Saturdays; labor per hour holidays; labor per hour
after 5 p.m. weekdays; parts digC0UOt from list price
for which bidder is the manufacturer's representative
and parts mark-up from list supplied from other
vendors.
84-43A-812-1282
(43.) BID #8280--Sodium vapor lights (Warehouse).
Graybdr Electric, Amarillo, Texas --Alt. 100 each I00
watt SOdiU0 VdVOr with refractor, Type II - 4 way, with
lamp, less photo control and bracket arm --Our #M-43-1^
General Electric Supply Co., Lubbock --Alt. 950 each
(more Or less) I00 watt sodium vapor, with (d0p Te5S
photo control bracket arm and optical assembly, to be
shipped and billed in TOtS of 200 upon request --Our
#M-45-IA.
84-43A-812-1283
/44.\ BID #8284--Miscellaneous
Nelson Electric 5uV»7« Co., LUbbOCk--40 rolls (more or
less) electrical shielding tape, to be delivered in 20-
rUll lots upon request --Our #E-T-26; and 150 rolls
(more or less) silicone rubber tdV8 15 KV class, to be
delivered in 50-roll lots upon request --Our #E-l-32
Temple, Inc., Lubbock--I50 rolls (more Or less)
Neoprene electrical jacketing tape, to be delivered in
50~r011 lots upon request --Our #E-T-33; and 200 rolls
(more Or less) insulating tape high voltage, CUrODa and
0z0D2 resistant to be delivered in 50-roll lots upon
request --Our #E-T-30
Westinghouse Electric Supply CO., LUbbOck~-6000 rolls
(more or less 3/4o plastic tape, I0,000 volts, to be
delivered in 1500-r011 lots UpOA request -Our #E-T-3.
84-43A-812-1284
Colfax
84-43A-8I2-I285
/40.\ BID #8311--Tree trimming for LP&L (Electric
ASpUlUOch Tree Experts, Mansfield, Texas --Labor and
material to trim and/or remove trees from LP&L
facilities for a period of one year beginning January
1, 1985 through December 31, 1985. Two man Crew
(foreman and helper), hydraulic Chip dump bed truck,
power saw, and brush Chipper.
84-43A-812-I290
(47.) BID #8316--Carpet, and authorize 3an2 (Civic Center).
RESOLUTION #1899
December 13, 1984 813
7],
RESOLUTION 1899
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract
with Highland Interiors, Inc., for the purchase and installation of 3,055
square yards of carpeting for the Civic Center, attached herewith, which
shall be spread upon the minutes of the Council and as spread upon the
minutes of this Council shall constitute and be a part of this Resolution
as if fully copied herein in detail.
Passed by the City Council this 13th day of December, 1984.
/s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Gene Eads
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
Highland Interiors, Inc., Lubbock --Furnish all labor,
materials, and supplies and perform all work for
replacement of carpet in the South Pedestrian Mall
Mezzanine stair landings and terrace suite.
Motion was made by Councilman Nash, seconded by
Councilman Brown authorizing high bid on Bid #8040
(Item #33), and low bids, meeting specifications, on
Bid #'s 8138 (Item #34), 8139 (Item #35), 8228 (Item
#36), 8240 (Item #37), 8244 (Item #38), 8245 (Item
#39), 8246 (Item #40), 8248 (Item #41), 8259 (Item
#42), 8280 (Item #43), 8284 (Item #44), 8285 (Item
#45), 8311 (Item #46) and 8316 (Item #47). After
discussion regarding bid number #8228, Councilman Nash
withdrew his motion before the vote was called for.
Motion was made by Councilman Brown, seconded by Mayor
Pro Tem Carpenter, authorizing high bid on Bid #8040
(Item #33), and low bids, meeting specifications, on
Bid #'s 8138 (Item #34), 8139 (Item #35), 8228 (Item
#36), 8240 (Item #37), 8244 (Item #38), 8245 (Item
#39), 8246 (Item #40), 8248 (Item #41), 8259 (Item
#42), 8280 (Item #43), 8284 (Item #44), 8285 (Item
#45), 8311 (Item #46) and 8316 (Item #47), and awarding
Bid #82.28--all items --to Lubbock Audio Visual (Item #6
was not the low bid, but by consensus Council agreed it
was close enough that it merited being awarded to a
local firm, rather than the low bidder). Motion
carried: 6 Yeas; 1 Nay --Councilman Nash.
84-43A-813-1297
(48.) Consider appointment to the Civil Service Commission to
fill the unexpired term of Mike Irish.
Motion was made by Councilwoman Baker, seconded by
Councilwoman Trejo, appointing Jim Gorsuch to fill the
unexpired term of Mike Irish on the Firemen's and
Policemen's Civil Service Commission. Motion carried:
7 Yeas; 0 Nays.
Mayor Henry adjourned the meeting at 11:45 a.m.
314-, December 13, 1984
Note: At 11:15 a.m., (Item #6 of the Work Session Agenda) a Time
Capsule was filled and dedication ceremonies for the new
Municipal Complex were held. The Time Capsule is a 16" x 17"
stainless steel box built by Jay Wadsworth and other Electric
Production personnel. Each member of the City Council read aloud
a letter to their 2009 counterparts and then these letters and
other memoribilia were placed in the Time Capsule. Council
instructed that the capsule be placed in the landscaped area
immediately outside the City Council Chambers and that a large
boulder bearing an appropriate inscription be placed over the
area containing the Time Capsule. Council agreed that the
Capsule should be opened March 16, 2009. It was further
instructed that information regarding the Capsule and ceremony be
kept as a part of the City's permanent records and be housed in
the City Secretary's office.
ATTEST:
Y�E4TT �B'OYD, CI ftCR TA
ATU nAV Ar nrPrUDCn 1n0A
RLMU AND AVVKUVLU Inij
ATTEST:
RANETTE BOYD, CITY SECRETARY
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