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Home My WebLink AboutMinutes - City Council - Regular - 8/13/1981EVA AUG 13 1981 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING AUGUST 13, 1981 At 8:32 a.m., Mayor McAlister announced that an Executive Session would be held regarding pending litigation and land acquisition. This announcement was in accordance with Section 2-F, Art. 6252-17, V.A.T.S. The City Council of the City of Lubbock, Texas, met for its regular meeting Thursday, August 13, 1981, at 9:30 a.m. in the City Council Chambers, Second Floor, City Hall. Those present: Mayor Bill McAlister, Mayor Pro Tem Alan Henry, Councilman E. Jack Brown, Councilman M. J. Aderton, Councilwoman Joan Baker, City Manager Larry Cunningham, City Attorney John C. Ross, Jr., and City Secretary -Treasurer Evelyn Gaffga. Absent: None. 81-40A-542-737 The invocation was given by Fire Chief Tom Foster. ( 1) 81-40A-542-738 The Pledge of Allegiance to the Flag was given in unison by those present in the Council ( 2) Chambers. 81-40A-542-739 Approval of Minutes - Regular Meeting, July 23, 1981 3) The motion was made by Councilman Brown, seconded by Councilman Aderton to approve the minutes of July 23, 1981. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 81-40A-542-740 Citizen Appearances (3b) Mayor McAlister proclaimed "Esther Sepeda Day" August 13, 1981, for her outstanding contribut, to the Community. 81-40A-542-741 Board Appointments 4) Elmer W. Hester Stan Angelley Community Development Advisory Committee, Sector III Board of Electrical Examiners Proclamations 81-40A-542-742 "Texas Public Employees' Week" - August 9 through 15, 1981 5) Receiving: Bonnie Crawford, Chapter 190 Charlene Pinkerton, Chapter 190 Bobby Ebeling, Chapter 93 John Helton, Chapter-119 Roday Samarripas, Chapter 146 Jerry Anderson, Chapter 3 81-40A-542-743 "East Lubbock Early Settlers Day" - August 13, 1981 6) Receiving: George Woods and others Presentations 81-40A-542-744 Exchange students presented Lions Club pin and flag from Japan to Mayor 7) Bill McAlister. Mayor McAlister presented Honorary Citizenships to Exchange Students. 81-40A-542-745 Airman of the Month of May, 1981 (7a) AIC William T. Fletcher 81-40A-542-746 NCO of the Quarter (January through March, 1981) 543 81-40A-543-747 Representatives of Electric Utilities Board will appear to present power ( 8) supply study by Tippett and Gee. Betty Wheeler, Chairman of the Electric Utilities Board, appeared before the Council to present the report by Tippett and Gee, the original contract of which was approved in July, 1979, with an extension of time granted in September 1980. Ms. Wheeler indicated this study was an overview of the entire electric utilities system, and the report reflected capacity recommendations and evaluations and future alternative sources of energy. Furthermore, the Utilities Board had accepted the report at their meeting on August 6, and the Utilities Board requests a Work Session with the City Council and a representati of Tippett and Gee being present, the suggested date being August 26, at 6:30 p.m. The purpose of this Work Session will be to evaluate the report in depth. Ms. Wheeler then presented Mr. Louis Gee, Senior Consultant, who stated a brief overview of the report which indicates that it is not feasible for the City to install a coal -powered plant at this time; that an investigation of the joint ownership with Southwestern Public Service should be considered; that major capital improvements in power production facilities should be delayed pending increase in electric revenues; that the City should file for a permit of exemption from the Department of Energy reflecting fuel use alternatives subsequent to 1990; that it may be economically feasible to combine the existing gas turbine or purchase another turbine; that no problems for continuing service is anticipated until 1990; and, the City should continue consideration of all possible options for load growth inasmuch as 60% capacity has been obtained for the last two years. Mr. Gee indicated that he or a member of his firm would be present at the Work Session to answer any questions, The motion was made by Councilman Brown, seconded by Councilman Aderton to accept the power supply study of Tippett and Gee and to hold a Work Session with the consultants and the Electric Utilities Board on August 26, 1981 at 6:30 p.m. in the E.O.C. Conference Room. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 81-40A-543-748 Hold a public hearing for proposed uses for General Revenue Sharing Funds, (24) Entitlement Period XIII. In accordance with Notice posted on Friday, August 7, 1981, a public hearing was held on the above matter. This is the first of two public hearings that must be held for Entitlement Period XIII. The purpose of this hearing is to receive input from citizens regarding proposed uses for these monies. The total allocation is $2,898,114 of which $364,391 is unallocated interest. A second public hearing will be held prior to consideration and enactment of the regular city budget on August 27. Appearances: Calvin Hill, on behalf of Lakeside Nursing Home Robert Gipson, President, Yellowhouse Community Association Maria Rangel, on behalf of Copper Rawlings Community Center Ronnie Parsons, on behalf of the Softball League Mr. Hill and Sharon Fortenberry, Activity Director of Lakeside Nursing Home, requested the installation of a sidewalk leading from the Nursing Home to the water front at Maxey Park. This would require a curb and gutter cut on the park side and would also require a protective curb or banister to prevent wheelchairs from rolling into the lake. The purpose of the request is that the lake area is very attractive and is good therapy for patients confined to wheelchairs. The facility could also be used by another nursing home located nearby and by St. Mary's Hospital. The estimated cost would be approximately $3,500, this be for a 200' long and 8' wide sidewalk construction. Mr. Gipson requested a sewer distribution system for the Yellowhouse Canyon area. Most all homes are on septic tanks at this time which have deteriorated and are offensive, and there is a trunk line in close proximity to the Addition Mr. Gipson did not have any estimated cost projections. Ms. Rangel, member of the Advisory Board of Copper Rawlings, appeared to request additional funds for the renovation of the Center; that Jerry Smith, the new director of the Center, had made great improvements in the program, in enthusiasm, and had instilled pride in the Center with the residents in the area. The proposed uses needing attention are: (1) painting the exterior of the Center, replacing exterior doors, frames and locks; (2) painting the interior walls and trim, adding chair rails; (3) repair ceiling, repair defective lights; (4) replace door knobs and locks; (5) replace floor tile; (6) repair plumbing; and (7) repair cabinets, cabinet locks and woodwork. The estimated cost for the above items is $30,000. e 544 AUG Mr. Parsons urged additional softball fields, and stated that all softball leagues (men's, women's) have high -volume usage for the existing ball fields, and some games play way into the night because of inadequate playing facilities. Additionally, the City is missing out on tournament bids due to lack of facilities to handle a tournament. He urged the developmen of another softball complex, similar to the Burl Huffman Complex, at another location to accommodate the demand. There being no further discussion or appearances, the hearing was closed. The motion was made by Councilman Brown, seconded by Councilwoman Baker to hold the second public hearing on Entitlement Period XIII on August 27, at 1:15 p.m. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. (For discussion of proposed uses for the entire Entitlement Period, see Work Session Minutes of this date.) 81-40A-544-749 Rev. Craig Wilcox will appear on behalf of Westmoreland Baptist Church to request a loud ( 9) s ep aker ermit in conjunction with a tent revival. Rev. Craig Wilcox, Pastor at Westmoreland Baptist Church, appeared to request the use of a loud speaker in conjunction with a tent revival to be held August 30 - September 4, 1981, from 7:30 to 9:00 p.m. each evening during the revival. The Church is located at 5605 46th Street. In response to Council query, Rev. Wilcox indicated there has been no opposition from the neighborhood residents. The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to approve the use of a loud speaker for the dates August 30 - September 4, from 7:30 p.m. to 9:00 p.m. each evening. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 81-40A-544-750 Lic. (Rev.1 Adan Moreno will appear on behalf of Temple Ebenezar to request a loud speaker (10) permit in conjunction with s e� cial outside services. Rev. Moreno appeared on.behalf of Temple Ebenezar to request the use of a loud speaker in conjunction with outside services to be held August 14 and 15, from 7:30 to 10:00 p.m. The Church is located at 502 41st Street, across from Chris Harwell School. Mayor McAlister apprised Mr. Moreno of the position that should complaints be filed by neighborhood residen the Police Department will so advise Mr. Moreno so that the volume of the loud speaker can be adjusted, thus removing the nuisance, to which Mr. Moreno concurred. The motion was made by Councilman Brown, seconded by Councilwoman Baker to approve the use of a loud speaker by Temple Ebenezar Church on August 14 and 15 from 7:30 to 10:00 p.m. Motion carried: Mayor McAlister, Mayor Pro.Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 81-40A-544-751 Representatives of the Industrial Development Corporation will appear to request Council (11) approval for issuance of Industrial Revenue Bonds, and authorize same. *Reno 886 amends Resolution No. 886 Reso 811 (5/28/81) On May 28, 1981 (Resolution No. 811), the City Council considered and authorized the issuanc of $700,000 in Industrial Revenue Bonds for Magnolia Seed Company. Under the Industrial Development Corporation Act of 1979, at that time the Council was to submit their approval not more than 60 days from the date of the sale of any bonds. However, the State Legislatur signed a bill on June 17, 1981, which changed the language of the Act whereby the Council must approve the issuance of the bonds within 60 days of the date of delivery. It is anticipated that delivery of the bonds will take place August 17. Mr. Peck McMinn, President of the Lubbock Industrial Development Corporation Board, appeared to request the reapproval of the Council to comply with the new Legislative action. Mr. McMinn indicated that Texas Commerce Bank was buying up all the Industrial Development bonds, and that all documentation previously approved remains intact and is valid. The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to pass Resolutio No. 886 approving (once again) the issuance of Industrial Revenue Bonds to Magnolia Seed Company. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 5 545 MM:pc A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS, RATIFYING. CONFIRMING AND APPROVING A RESOLUTION OF THE LUBBOCK INDUSTRIAL DEVELOPMENT CORPORATION AUTHORIZING THE ISSUANCE OF REVENUE BONDS IN THE PRINCIPAL SUM OF $700,000 IN CONNECTION WITH AN INDUSTRIAL OR MANUFACTURING PROJECT FOR MAGNOLIA SEED COMPANY OF LUBBOCK AND OTHER MATTERS INCIDENT AND RELATED THERETO. WHEREAS, on the 28th Day of May, 1981, the City Council of Lubbock, Texas, passed and adopted a resolution approving agreements and a resolution passed by the Lubbock Industrial Development Corporation (the "Corporation") authorizing the issuance of $700,000 "Lubbock Industrial Development Corpora- tion Industrial Development Revenue Bonds, Series 1981 (Magnolia Seed Company of Lubbock Project)", dated June 1, 1981; all in accordance with the requirements of Section 25(f) of the Development Corporation Act of 1979 (the "Act"); and WHEREAS, delivery of the aforementioned Bonds is scheduled to occur on or about August 17, 1981, and, by reason of recent amendment to the Act changing the time period for Council approval of the resolution of the Corporation authorizing the issuance of the Bonds, this Council has been requested to ratify and confirm its prior approval of the aforesaid resolution authorizing the issuance of the Bonds; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1. THAT the resolution of the Board of Directors of the Corporation, passed and adopted on May 27, 1981, and entitled as follows: "A RESOLUTION by the Board of Directors of the Lubbock Industrial Development Corporation relating to the issuance of revenue bonds to be known as 'LUBBOCK INDUSTRIAL DEVELOPMENT CORPORATION INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1981 (MAGNOLIA SEED COMPANY OF LUBBOCK PROJECT)', dated June 1, 1981, fixing the details and providing for the payment and security of such bonds, approving and authorizing the execution of a Loan Agreement, Trust Indenture, Collateral Assignment and Security Agreement and approving and accepting a Deed of Trust, Security Agreement, Assignment of Rents and Financing Statement in relation to the payment and security of such bonds and the rights of the holders of such bonds, making such Loan Agreement, Trust Indenture, Deed of Trust and Collateral Assignment a part of this Resolution; making certain findings, covenants and declarations relating to such bonds and the issuance thereof; acknowledging the rights of the Corporatic under the Loan Agreement, the Note and the Deed of Trust to be assigned to the Texas Commerce Bank -Irving, as trustee, under the Trust Indenture, Collateral Assignment and Security Agreement; and resolving other matters incident and related to the subject and purpose of this Resolutior and the approval thereof by the City Council of Lubbock, Texas, on the 28th day of May, 1981, is hereby in all respects ratified, confirmed and approved. SECTION 2. THE approval herein given is in accordance with the provisions of Section 25(f) of the Act, as amended, and is not to be construed as any undertaking by the City of Lubbock, Texas, and said Bonds shall never constitute a debt of the City of Lubbock or of any other political corporation, subdivision or agency of the State of Texas or a pledge of the faith and credit of any of the foregoing. SECTION 3. THE programs and expenditures authorized and contemplated by the aforesaid Resolution authorizing the issuance of the Bonds are hereby approved in all respects. Passed by the City Council this 13th ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /S/ Mick McKamie Mick McKamie, Assistant City Attorney day of August , 1981. /S/ Bill McAlister BILL McALISTER, MAYOR fm \ ` 81-40A-546-752 Hold a publichearing to determine the public CUDV�Di�DC8 and i for TOPD0G LIMOUSINE -- /25\ --I ^-----'---------------------------- RV In accordance with Notice posted August 7, 1981, a public hearing was held OD the above Mr. David "Dusky" Woods, owner Of TUpdOg Delivery Service, is requesting a permit to operate d limousine service within the Citv. He is wanting to expand his S8rViC8 to provide transportation for people, primarily Senior Citizens and/or young ddU|tS and not limited to the Airport passengers. He indicated that he would be using d 1979 Ddt3Un 510 Station Wagon in his liK0USiD8 business. Mr. Woods indicated that all the required iD5UrdDC8, liability and property damage, had been filed with his application; that there is at present OO limousine service at the Airport - Mr. Martinez and Mr- Bunch no longer CUOtiOUiOg their business as approved under pr8ViUU5 permits issued; and he respectfully requested the CUUDCil's approval for this. There being no further discussion nor opposition, the hearing was closed. 81-40A-546-753 Consider the request to TOP0]G Limousine Service for permit to do business. /�h\ ` ^ At the 8:30 Work Session, the Council was apprised of the facts in the matter and in the event they approve the permit, Mr, Woods would still D82d to appear before the Airport Board for approval to park at an assigned 3pdCe. It was during this d1SCUSSiOO that the Council indicated that they were not receiving the type of permit request that truly constituted d li0nU3iD8 service as intended by the Ordinance Or the type of SSrViC8 that d city the size Of Lubbock should he receiving, and were not at this diSCUSsiOD receptive to the use of d DdtSuD Station Wagon for this purpose. Following the public hearing and after 8YdlW}tiVD of all the backup material available to them, the motion was made by Councilman Brown, 52CODded by Councilwoman Baker to DENY the request for limousine service permit as requested by TOpd0g Delivery. Motion carried: Mayor McAlister, Mayor Pro Te0 Henry, Councilmen Brown and Ad8rtOD and C0UnCilwO0dD Baker voting Yea; DUDe VVt1Dg Nay. 81-40A-546-754 Ordinance No. 8215 /l2\ ` ' An appropriation ordinance for cODStrUCti0D OT raw water terminal storage facilities (Water Capital f T�u_nd_sF fflllw�� AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds for an approved project; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out Of the following described fund, to -wit: Water Capital the sum Of $ 6,415,000 , For the following purposes: Construction of Raw Water Terminal Stora FdCiliti8s Prior Appropriation Ordinance Numbers Issued for this Project Projected Costs Projected Funding Construction $6,415,000 Water Capital Funds $6,415,000 AND IT IS 5O ORDERED Passed by the Council OD first reading this 23rd f July 1981 . PdSS8d the Council OD SeC0Od reading thisday of August 19M - S/ Bill McAlister Mayor ATTEST;/S/ Evelyn Gaffga VERIFIED BY: /S/ J. Robert Massengale City Secretary -Treasurer Director of Finance APPROVED BY: Wilford D. Watson AM 81-40A-547-755 Ordinance No. 8216 /13\ An appropriation ordifor construction f improvements at Water Treatment PlDDtand ---------------- � ORDINANCE NO, 8216 WORKORDER NO. AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out Of the following described fund, to -wit: Water Capital the 8U0 Of For the following purposes: Municipal Water Treatment Plant Improvements d Pump Station No. 9 Prior Appropriation Ordinance Numbers Issued for this Project Projected Costs Projected Water Treatment Plant $ 2,372,400 Pump Station No. Q 636,350 Water Capital Funds $3,008,7 AND IT IS SO ORDERED Passed by the Council OD first reading thiS23rd day of July 19 81 Passed by the Council on second reading this 13th day of Auqust 19-81 S/ Bill McAlister ATTEST: VERIFIED BY:/S/ J. Robert Massengale City Secretary -Treasurer Director of Finance APPROVED BY:/S/ Wilford D. Watson Department Head 81-40A-547-756 Ordinance NO, 8217 (14) An appropriation ordi for t ti f distribution lines (|) from Wdt Treatment y|dD[ to Pump Station #4, St. to 98th St,, and (3) fro Pump 5tdt1OO #9 to 4th and Chicago CapitDl Improvements�Fun ------- ORDINANCE NO. 8217 WORKORDER NO. AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City Of Lubbock finds it is necessary to appropriate certain specific funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: Im AUG 13 1981 � There is h8r8h« appropriated out of the following described fund, to -wit: Water Capital the S00 of $ 4,027 000 , For the following purposes: Construction of Distribution Lines Prior Appropriation Ordinance Numbers Issued for this Project Projected Costs 27" LjD8 from Water Treatment Plant to No. 4 Pump Station $ 1,972,000 54» Line in Memphis AVeDU8 from Line from No. 9 Pump Station to 4th & Chicago (36«, 3011, 2711 , 2411) 1,500,000 Projected Funding Water Capital Funds $4,027,000 AND IT IS SO ORDERED Passed by the Council VD first reading this 23rd day of July 1981 , Passed by the Council OD SgCoDd reading thisday Of August 19M . S/ Bill McAlister ATTEST: /S/ Evelyn Gaffga VERIFIED BY: /S/ J. Robert Massengale City Secretary -Treasurer Director of Finance APPROVED BY:/S/ Wilford D. Watson Department Head 81-40A-548-757 Ordinance No. 8218 (l5\ ' ' An appropriation ordinance for t tion phase and inspection of Joint ORDINANCE NO. 8218 WORKORDER NO. AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain Sp8CiffC funds for an approved project; NON.THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described fund, to -wit: Water Capital the SU0 of $ 224,600 For the following purposes: Bidding h construction had inspection for Joint Venture Projects Prior Appropriation Ordinance Numbers Issued for this Project 549 Projected Costs Bidding Phase Raw Water Terminal Storage $ 9,312 Treatment Plant Improvements 5,402 Pump Station No. 9 1,074 Construction Phase Raw Water Terminal Storage 92,006 Treatment Plant Improvements 31,847 Pump Station No. 9 9,959 Inspection and Testing 75,000 224,600 Projected Funding Water Capital Funds $224,6001 Passed by the Council on first reading this 23rd day of July 1981 Passed by the Council on second reading thisl3th day of August 1981 ATTEST: /S/ Evelyn Gaffga City Secretary -Treasurer 81-40A-549-758 Ordinance No. 8207 - Zone Case 2326 (16) /S/ Bill McAlister Mayor) VERIFIED BY: /S/ J. Robert Mass Director of Finance APPROVED BY: /S/ Wilford D. Watson Department Head le An ordinance changing Lots 4 and 5, Pickett & Penny Addition from R-2 to C-4 Zoning District 1907 - Avenue M) (no site plan submitted) SMH:pc ORDINANCE NO. 8207 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2326; CHANGE LOTS 4 AND 5, BLOCK 1, PICKETT AND PENNY ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-2 TO C-4 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 81-40A-549-759 Ordinance No. 8208 - Zone Case 2328 (17) An ordinance changing part of Lot 3-A, Fiesta Autoland Center Addition from C-4 to C-4 Specific Use Zoning District for mini -warehouses 5152 - 69tfU—. (no site plan submitted) SMH:pc AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2328; CHANGE PART OF LOT 3-A, FIESTA AUTOLAND CENTER ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM C-4 TO C-4 SPECIFIC USE PERMIT ZONE DISTRICT; AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 81-40A-549-760 Ordinance No. 8209 - Zone Case 2329 (18) An ordinance changing a tract of land out of Sec. 22, Block A, from R-1 to C-2A Zoning District (north of 4th St. and 390' - 796' east of Toledo , for the establishment of a general area catholic high school, subject to the following condition: 1. That it be zoned A-2 limited to church and church -related uses. (no site plan submitted) SMH:pc AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 550 4 •� 81-40A-550-761 Ordinance No. 8210 - Zone Case 2332 (19) An ordinance changing Lots 55, 56 and 57, Whisperwood Addition from R-1 to R-1 Specific Use for townhouses 4th St. and Zoar Avenues. (no site plan submitted) SMH:pc ORDINANCE NO. 8210 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2332; CHANGE LOTS 55, 56, AND 57, WHISPERWOOD ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO R-1 SPECIFIC USE PERMIT ZONE DISTRICT; AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON; PROVIDI FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR.PUBLICATION. 81-40A-550-762 Ordinance No. 8211 -Zone Case 1657-B (20) An ordinance changing Lots 8-13, Block 8, McCrummens Second Addition from C-3 to C-4 subject to the following condition 2 001 Avenue Q): 1. That it be zoned C-2 Specific Use for motel and accessory uses, as per Sec. 22.3-3-1. (no site plan submitted) SMH:pc AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 1657-B; CHANGE LOTS 8 THRU 13, BLOCK 8, McCRUMMENS SECOND ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM C-3 TO C-2 SPECIFIC USE PERMIT ZONE DISTRICT; PROVIDING FOR A.PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 81-40A-550-763 Ordinance No. 8212 - Zone Case 2331 (21) An ordinance changing a tract of land out of Sec. 8, Block E-2, deleting conditions of Ord. 5396, subject to the following condition West of Kenosha and South of 50th) 1. That it be limited to professional offices. (no site plan submitted SMH:pc ORDINANCE NO. 8212 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2331; CHANGE A TRACT OF LAND OUT OF SECTION.8, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, TO DELETE CONDITIONS OF ORDINANCE 5396; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Ordinance Nos. 8215, 8216, 8217, 8218, 8207, 8208, 8209, 8210, 8211 and 8212 on second and final reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 81-40A-550-764 Ordinance No. 8213 - Zone Case 1968-B (22) An ordinance changing part of Tract C, Rushland Park Addition from C-2 to C-3 Zoning Distri( E4th St. and Quaker Avenue), subject to a site plan being filed before second reading. This item was HELD because the proponent was not ready to submit the approved site plan as required. SMH:pc ORDINANCE NO. 8213 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 1968-B; CHANGE PART OF TRACT C, RUSHLAND PARK ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM C-2 TO C-3 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDIN( A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 551 AUG 13 1981 81-40A-551-765 Ordinance No. 8214 (23) An ordinance amending Sec. 22.3-2, Ord. 7084, entitled "Townhouses" regarding townhouse single-family attached dwellings regulations. The motion was made by Councilwoman Baker, seconded by Councilman Brown to approve Ordinance No. 8214 on second and final reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. SMH:pc ORDINANCE NO. 8214 AN ORDINANCE AMENDING ORDINANCE NO. 7084 (BEING THE ZONING ORDINANCE), BY AMENDING SECTION 22.3-2 ENTITLED TOWNHOUSES; BY AMENDING SECTION 7.3 ENTITLED R-2 TWO FAMILY DISTRICT TO PERMIT TOWNHOUSES IN R-2 ZONES; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 81-40A-551-766 Consider an ordinance establishing the speed limits on 82nd Street between (28) Quirt Avenue and Avenue H U.S. 87). Ordinance No. 8219 The purpose of this ordinance is to re-establish the speed limit of 40 mph on both sides of 82nd Street between Quirt Avenue and Avenue H (U.S. 87); this was previously established by Administrative Order in 1969. This will allow for uniformity in the application of speed limits in the processing of violations in Municipal Court. AA:pc ORDINANCE NO. 8219 AN ORDINANCE ESTABLISHING THE PRIMA FACIE SPEED LIMITS ON PORTIONS OF 82ND STREET, AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANACE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 81-40A-551-767 Consider an ordinance designating portions of Avenue K and Avenue L as a (29) one-way street. _ _ _ Ordinance No. 8220 This ordinance covers a portion of Avenues K and L to include the extension on Avenue K between 28th and 30th Streets, which is now under modification and reconstruction. AA:pc ORDINANCE NO. 8220 AN ORDINANCE DESIGNATING A PORTION OF AVENUE K FOR NORTHBOUND TRAFFIC AND DESIGNATING A PORTION OF AVENUE L FOR SOUTHBOUND TRAFFIC; PROVIDING FOR SIGNS TO INDICATE THAT SAID PORTIONS ARE ONE-WAY; PRESCRIBING A PENALTY AS PROVIDED IN SECTION 1-5 OF THE CITY CODE; PROVIDING FOR PUBLICATION AND PROVIDING FOR A SAVINGS CLAUSE. The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Ordinance Nos. 8219 and 8220 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 81-40A-551-768 Consider a resolution approving Lubbock's Transportation and Improvement (30) Program (TIP) for Lubbock's Urban Transportation Plan. Resolution No. 882 It is the responsibility of the Metropolitan Planning Organization (MPO) to review and recommend a 5-year plan for Lubbock's Urban Transportation Plan. The projects to be considered for implementation during the period of Septe 1, 1981 - August 31, 1982 are on file in the Office of the City Secretary attached to this Resolution. At the 8:30 Work Session, Director of Planning Jim Bertram apprised the Council of the proposed improvements indicating that the new projects would be funded from an appropriation yet to be approved by Congress, and subject to allocation through the State Highway Department funds. The proposed Plan is for the benefit of the City, County, State Highway Department and SPAG. 552 The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass Resoluti No. 882 approving the recommendations for Lubbock's Transportation and Improvement Program (TIP). Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. AA: pc RESOLUTION NO. 882 WHEREAS, the Metropolitan Planning Organization for the Lubbock Urbanized Area, in cooperation with the City of Lubbock, has prepared a Transportation Improvement Program with annual element; and WHEREAS, the City Council of the City of Lubbock approves of the priority projects listed by the Metropolitan Planning Organization; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the 1981-1982 Transportation Improvement Program with annual element, attached hereto and incorporated herein by reference for all purposes, is hereby approved by the City Council of the City of Lubbock. Passed by the City Council this 13th day of August , 1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ B. H. McDaniel B. H. McDaniel, Traffic Engineering Director APPROVED AS TO FORM: /S/ Angela Adams Angela Adams, Assistant City Attorney *NOTE: Report is on file attached with original Resolution. 81-40A-552-769 Consider the price and condition of sale of Parcel #53-2, Coronado -Tex. R-33 Urban Renewal (31) Area. Parcel Redeveloper Price Redevelopment 53-2 Kyle Cotton $750.00 Single -Family Residence -The motion was made by Councilwoman Baker, seconded by Councilman Brown to approve the price and condition of sale of Parcel #53-2. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 81-40A-552-770 Set the date and time for the final public hearing on General Revenue Sharing Entitlement (32) Period XIII budget. The motion was made by Councilman Brown, seconded by Councilwoman Baker to set the date and time for the final public hearing on Entitlement Period XIII budget on August 27, 1981, at 1:15 p.m. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 81-40A-552-771 Consider the request of Tinker Development, Inc. to pave the North Half of Grinnell (33) Street between North Indiana Avenue and North Knoxville Avenue.. The developers of these tracts are requesting permission to pave the north half of Grinnell Street that is adjacent to the development to allow for convenient and easy access to their properties. When their plat is recorded, it will dedicate the right-of-way on their side to the full width of 60'. There are sixteen vacant lots along the south side of Grinnell which may not be platted for many years. To delay paving, for the pending placement upon the assessment rolls, would be an inconvenience to the developers who are developing their tracts at this time. By permitting the developer to provide the paving, all costs would be prepaid at an estimated $11,000 and the south half will be placed upon the assessment rolls when those properties are platted and developed. 553 AUG 13 1981 The motion was made by Councilman Brown, seconded by Councilwoman Baker to grant the Tinker Development, Inc. permission to pave the north half of Grinnell Street between North Indiana and North Knoxville, all costs being prepaid. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 81-40A-553-772 Consider a resolution authorizing the Right -of -Way Department to commence (34) negotiations for Community Development street light easement. Resolution No. 883 Four street light cable easement areas have been appraised at fair market value, and the Right -of -Way Department has authorization to commence negotiati for these easements. This is part of the 4th Year CD Program. One easement is located at Lot 1, Block 15, Guadalupe Addition (101 Avenue L), and three are located in the Clutter 2nd Addition between Ivory and King Streets. All easements are required for street lighting to be placed in the middle of the block., The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution No. 883 authorizing the Right -of -Way Department to proceed on street lighting easements, referenced above. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. JWF:cl RESOLUTION NO. 883 WHEREAS, the City Council hereby determines that it would be to the public interest, safety, health, and general welfare to acquire four street light cable easements at the locations hereinafter set forth; and, WHEREAS, such acquisitions are to be funded under the 4th year Community Development Program; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Right of Way Department of the City of Lubbock is hereby authorized and directed to commence negotiations for the acquisition of four street light cable easements at the appraised fair market value of such easements at the following described locations: (a) The North & West 2 feet of Lot 1, Block 15, Guadalupe Addition to the City of Lubbock. (b) The East 2 feet of Lot 15, Block 2, Clutter 2nd Addition to the City of Lubbock. (c) The East 2 feet of Lot 5, Block 8, Clutter 2nd Addition to the City of Lubbock. (d) The West 2 feet of Lot 16, Block 8, Clutter 2nd Addition to the City of Lubbock. Passed by the City Council this 13th ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Tom Nivens Tom Nivens, Right of Way Agent day of August , 1981. /S/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney /S/ Bill McAlister BILL McALISTER, MAYOR ins 81-40A-554-773 Consider d res0TUtiUD authorizing the Mayor to execute an dgr8808DI with Santa F8 Railway /35\ for a water line. Resolution NO. 884 This is an agreement with Santa F8 Railway to C0DStrUCt d water pipeline beneath Santa F2/S CO00UOiCatioO line and tracks north of Clovis Road and 2d3t Of Quaker AV2DU8 for the purpose of distributing water from the storage facility to the development south Of the tracks. The CO3t to the City will be $150. The 0VtiOD was made by Councilman Brown, 82CODded by C0UDCilw00aD Baker to pdS5 Resolution No. 884 authorizing the agreement with Santa F2 for O water line. Motion carried: Mayor McAlister, Mayor Pro Te0 Henry, COUnCil02O Brown and Ad8rt0D and CUVDCilwO0dD Baker voting Yea; DODe voting Nay. 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 to be entered by and between said City (as Licensee) and the Atchison, Topeka and Santa Fe Railway Company (as Licensor) for the construction and operation by said City Of d pipe line approximately 100 feet in length and 41.750 inches in diameter attached herewith which shall be spread UpVD the minutes of the Council and as spread UpUD the minutes Of this COUDCfl shall CDDStitUt8 and be a part of this Resolution OS if fully copied herein in detail. Passed by the City Council this 13th-day of August —, 1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Tom Nivens, Right of Way Agent APPROVED AS TO FORM: /S/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney *NOTE: Pipe Line License is attached and filed with original Resolution. 81�� 55� �7� �ODS�d8r reet to T�Xl�D� P�trOl8W0 Incfor permits t0 drill �D� 0 t il � - - - -- , ' <��\��0 �n {as� (36) , ----------- ------ a. H. A. ��S�iOD5 No. 7 - Resolution No. 885A b' ---- ---2 - ------- No. 885B These well sites are located south of Farm Road 2641, west Of Amarillo Highway and northwest of Lubbock Country Club. d. 0. A. Webb Estate No. l - Resolution No. 885O This site is located east of the HillCrest Country Club boundary and L. A. C0l0Di8 SUbdiVi3i( and north of Purdue Street. , C- R. J. O/Hdir NO. { - R�SO�Utf0D No. 885C This site is located OD Lot 17, Block 7 in Valley View Addition, N23t of Amarillo Highway and is the COrD8r lot at the south end of Cl80SVD Drive. At the 8:30 Work Session, Mayor McAlister apprised the Council that [dr07yD Jordan, Attorney for property owners Paul and Donna Hirsh0aD, had requested to speak OD this matter; p8r0iS6iOD granted. At the Regular 38sSi0O, M3. Jordan appeared expressing 0hieCtiUD to the proposed well site and requested the C0UDCfl to deny this permit for the redS0D that the Well itself was located in close proximity to the home of the HirSh0dDs; that its location would devalue their property previously appraised at $80,000; that there was an odor, as concurred by other property UWD2rS located in proximity to other well sites, as well as d OOiS8 factor; that the HirGh0dnS were concerned about the c0Dtd0iDdti0D Of their water supply system, which is D private well; that the HirshmaDs had requested 'U3t CU0peD3dti0n /d fence to block the view Of the DUmD, Plus d land3CdDino to curtail the noise factor). 555 Alta' 13 1981` Mr. Dub Bratcher, Attorney for Texland, offered rebuttal in response to Ms. Jordan's comments and indicated that negotiations with the Hirshmans broke down because their requests for just compensation were excessive and unreasona Mr. Bratcher made a strong point about the fact that the applicant had complied with all of the requirements as stated in the Ordinance, and under the present Ordinance terminology, there was no choice for the Council but to approve the permit. In response to Council query as to the status of the amended Ordinance requested approximately a month ago, City Attorney John Ross indicated that it had been approved by the Planning and Zoning Commission and would be presented to the Council for their consideration at the August 27 meeting; that the amendment does authorize the placement of well sites at any location within the city limits as approved by the Council; that the amendment does provide some flexibility for the Council to determine certain conditions to accompany the respective permit where they be necessary. However, according to his interpretation of the present Ordinance as it appears in the Code, Texland has complied with all of the requirements and there is no alternative to the Council but to grant the permits for all sites. The motion was made by Councilwoman Baker to grant the permit for an oil and gas well on Well Sites A, B and D, above, but to TABLE "C" until the next meeting to allow the Council an opportunity to do an onsite inspection. The motion died for lack of a second. The motion was then made by Councilman Brown, seconded by Councilman Aderton to approve all of the above referenced well sites, as stated. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton voting Yea; Councilwoman Baker voting Nay. SMH:pc RESOLUTION NO. 885 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock Oil and Gas Drilling Permits with Texland Petroleum, Inc. for 0. A. Webb Estate #1, R. J. O'Hair #1, H. A. Session #1, and H. A. Session #2 oil wells, which are 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 August ,1981. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Denzel Percifull Denzel Percifull, Director of Public Services /S/ Susan M. Horton Susan M. Horton, Assistant City Attorney Ile. 556 � - AUG 13 1981 THE STATE OF TEXAS OIL AND GAS DRILLING PERMIT KNOW ALL MEN BY THESE PRESENTS: The City Council of the City Of Lubbock. Texas, hereby approVe$ and grants permission to the TEXLAND PETROLEUM, INC, for the drilling of an Oil and gas well known as the H. A. Session #1 to be located on the Site indicated in the application attached hereto and made a part hereof by reference for all purposes. TEXLAND PETROLEUM, INC,, hereinafter referred to as PERMITTEE, h8r8hv agrees that each pr0VfSiVD of Chapter 19A of the Code of Ordinances of the City of Lubbock will be complied With and that this Permit is issued contingent upon such CV0plidnCe. This permit is granted for a period of one /l\ year from date of iSSUdOCe and as long thereafter as drilling operations continue at the site referred to h8reiDdb0Y8, provided that compliance with the terms of Chapter 19A is maintained. The bond and iDSUrODC8 as required by Chapter 19A Of the Code Of OrdiDdDC8S of the City of Lubbock has been heretofore submitted by the PERMITTEE, and are hereby approved. The use Of earthen slush pits as opposed to steel pits is hereby authorized as requestel by T8Xland Petroleum, Inc., said earthen pits to be constructed in dCCordaOC8 with the requirements as outlined in Section 19A-13 of the [0d8 Of OrdiDdDC8S of the City of Lubbock, Texas. PERMITTEE agrees to 58Ve harmless the City of Lubbock from and against all claims, suits, damages Or losses in any manner arising out of Or CVDDeCt2d with the drilling and/or operation of this oil and gas well. | GRANTED this 13th day of August 1981. CITY OF LUBBOCK ATTEST: /S/ Nancy Wilson /S/ Larry Cunningham Larry Cunningham, City Manager TEXLAND PETROLEUM, INC- 5 APPLICATION OFTEXLAND PETROLEUM, INC, FOR A PERMIT TO DRILL AND OPERATE A WELL WITHIN THE LUBBOCK CITY LIMITS TO THE HONORABLE MEMBERS OF THE LUBBOCK CITY COUNCIL: Now CO02S TEXLAND PETROLEUM, INC., Applicant herein, and pursuant to Chapter 19A Of the Lubbock Code, files this, its application for a permit to drill and operate d well within the Lubbock City Limits, and in support of said application would respectfully show the following: up Applicant, T8XldDd Petroleum, Inc., is duly incorporated exploration and development company doing bUS'DeSS in the State Of Texas, with its residence and principal place of business at 3402 Fort Worth National 8dDk Building, Fort Worth, Tarrant County, Texas 76102. II, Applicant would ShOW the Council that the surface rights Of the proposed site are owned by H. A. 3eSSiOnS and that the mineral rights Of the proposed site are owned by H. A. Sessions, J. E. Mann, Mrs. Ira Elliott, and Mrs~ A. L. Mangum, and that Said lease which is OND8d by Applicant is known as the H. A. 385SiODS No. l. r 557 AUG 13 1981 Applicant would further show that the proposed drilling site known as the H. A. Sessions No. 1 is located within the City Limits of Lubbock, Lubbock County, Texas, and said site is more particularly identified by its legal description, to -wit: All of a 147.7 acre tract out of Section 9, Block A, Lubbock County, Texas and by the plat attached hereto and marked Exhibit "A". Applicant would further show the Council that the type of derrick to be used in the drilling operations at the proposed site is a Lee C. Moore 97 foot derrick and that the proposed drilling depth is 5,700 feet. IV. Pursuant to Section 19A-13 of the Lubbock Code, Applicant further requests that this Honorable Council allow the use of earthen slush pits as opposed to steel pits, said earthen pits to be constructed in accordance with the requirements outlined in Section 19A-13 of the Lubbock Code. WHEREFORE, PREMISES CONSIDERED, Applicant, Texland Petroleum, Inc., respel fully requests this Honorable Council to issue a permit to Applicant for the drilling of one well on the above described site in the City Limits of Lubbock, Texas, and Applicant further requests that it be allowed to use earthen slush pits as opposed to steel pits in connection with the drilling of the H. A. Sessions No. 1. Respectfully submitted, CRENSHAW, DUPREE & MILAM P.O. Box 1499 Lubbock, Tx 79408 by:/S/ W. C. Bratcher Attorneys for Applicant, Texland Petroleum, Inc. THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared W. C. BRATCHER, who, being by me duly sworn, on his oath deposes and says that he is of counsel for TEXLAND PETROLEUM, INC., Applicant herein, and, as such, is authorized and entitled to make this affidavit; that he has read the above and foregoing Application of Texland Petroleum, Inc. for a Permit to Drill and Operate a Well within the Lubbock City Limits and knows the contents thereof and the matters and facts contained therein are true and correct. /S/ W. C. Bratcher W. C. BRATCHER SUBSCRIBED AND SWORN TO BEFORE ME by the said W. C. BRATCHER on this the 4th day of August , 1981, to certify which witness my hand and seal of offi /S/ Nancy Wilson Notary Public, Lubbock County, Texas (Seal) *NOTE: Exhibit "A" and bond are attached with original application. OIL AND GAS DRILLING PERMIT (Resolution No. 885-B) THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK i The City Council of the City of Lubbock, Texas, hereby approves and grants permission to the TEXLAND PETROLEUM, INC. for the drilling of an oil and gas well known as the H. A. Session #2 to be located on the site indicated in the application attached hereto and made a part hereof by reference for all purposes. It- TEXLAND PETROLEUM, INC., hereinafter referred to as PERMITTEE, hereby agrees that each provision of Chapter 19A of the Code of Ordinances of the IN WR City of Lubbock will be complied with and that this Permit is issued contingent upon such compliance. This permit is granted for a period of one (1) year from date of issuance and as long thereafter as drilling operations continue at the site referred to hereinabove, provided that compliance with the terms of Chapter 19A is maintained. The bond and,insurance as required by Chapter 19A of the Code of Ordinances of the City of Lubbock has been heretofore submitted by the PERMITTEE, and are hereby approved. The use of earthen slush pits as opposed' to steel pits is hereby authorized as requeste by Texland Petroleum, Inc., said earthen pits to be constructed in accordance with the requirements as outlined in Section 19A-13 of the Code of Ordinances of the City of Lubbock, Texas. PERMITTEE agrees to save harmless the City of Lubbock from and against all claims, suits, damages or losses in any manner arising out of or connected with the drilling and/or operation of this oil and gas well. GRANTED this 13th ATTEST: /S/ Nancy Wilson day of August , 1981. CITY OF LUBBOCK /S/ Larry J. Cunningham Larry Cunningham, City Manager TEXLAND PETROLEUM, INC. S APPLICATION OF TEXLAND PETROLEUM, INC. FOR A PERMIT TO DRILL AND OPERATE A WELL WITHIN THE LUBBOCK CITY LIMITS TO THE HONORABLE MEMBERS OF THE LUBBOCK CITY COUNCIL: Now comes TEXLAND PETROLEUM, INC., Applicant herein, and pursuant to Chapter 19A of the Lubbock Code, files this, its application for a permit to drill and operate a well within the Lubbock City Limits, and in support of said application would respectfully show the following: I. Applicant, Texland Petroleum, Inc., is duly incorporated exploration and development company doing business in the State of Texas, with its residence and principal place of business at 3402 Fort Worth National Bank Building, Fort North, Tarrant County, Texas 76102. II. Applicant would show the Council that the surface rights of the proposed site are owned by H. A. Sessions and that the mineral rights of the proposed site are owned by H. A. Sessions, J. E. Mann, Mrs. Ira Elliott, and Mrs. A. L. Mangum, and that said lease which is owned by Applicant is known as the H. A. Sessions No. 2. Applicant would further show that the proposed drilling site known as the H. A. Session No. 2 is located within the City Limits of Lubbock, Lubbock County, Texas, and said site is more particularly identified by its legal description, to -wit: All of a 147.7 acre tract out of Section 9 Block A, Lubbock County, Texas and by the plat attached hereto and marked Exhibit "A". Applicant would further show the Council that the type of derrick to be used in the drilling operations at the proposed site is a Lee C. Moore 97 foot derrick and that the proposed drilling depth is 5,700 feet. IV. Pursuant to Section 19A-13 of the Lubbock Code, Applicant further requests that this Honorable Council allow the use of earthen slush pits as opposed to steel pits, said earthen pits to be constructed in accordance with the requirements outlined in Section 19A-13 of the Lubbock Code. WHEREFORE, PREMISES CONSIDERED, Applicant, Texland Petroleum, Inc., respectfully requests this Honorable Council to issue a permit to Applicant for the drilling of one well on the above described site in the City Limits of Lubbock, Texas, and Applicant further requests that it be allowed to use earthen slush pits as opposed to steel pits in connection with the drilling of the H. A. Sessions No. 2. Respectfully submitted, CRENSHAW, DUPREE & MILAM P.O. Box 1499 Lubbock, TX 79408 By: /S/ W. C. Bratcher Attorneys for Applicant, Texland Petroleum, Inc. THE STATE OF TEXAS i COUNTY OF LUBBOCK i. BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared W. C. BRATCHER, who, being by me duly sworn, on his oath deposes and says that he is of counsel for TEXLAND PETROLEUM, INC., Applicant herein, and, as such, is authorized and entitled to make this affidavit; that he has read the above and foregoing Application of Texland Petroleum, Inc. for a Permit to Drill and Operate a Well within the Lubbock City Limits and knows the contents thereof and the matters and facts contained therein are true and correct. S/ W. C. Bratcher SUBSCRIBED AND SWORN TO BEFORE ME by the said W. C. BRATCHER on this the 4th day of August, 1981, to certify which witness my hand and seal of office. (Seal) S/ Nancy Wilson otary Public, Lu unty, Texas *NOTE: Exhibit "A" and bond are attached with original application. OIL AND GAS DRILLING PERMIT (Resolution No. 885-D) THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK i. The City Council of the City of Lubbock, Texas, hereby approves and grants permission to the TEXLAND PETROLEUM, INC. for the drilling of an oil and gas well known as the 0. A. Webb Estate #1 to be located on the site indicated in the application attached hereto and made a part hereof by reference for all purposes. TEXLAND PETROLEUM, INC., hereinafter referred to as PERMITTEE, hereby agrees that each provision of Chapter 19A of the Code of Ordinances of the City of Lubbock will be complied with and that this Permit is issued contingen- upon such compliance. This permit is granted for a period of one (1) year from date of issuance and as long thereafter as drilling operations continue at the site referred to hereinabove, provided that compliance with the terms of Chapter 19A is maintained. The bond and insurance as required by Chapter 19A of the Code of Ordinan of the City of Lubbock has been heretofore submitted by the PERMITTEE, and are hereby approved. 560 The use of earthen slush pits as opposed to steel pits is hereby authorized as requested by Texland Petroleum, Inc., said earthen pits to be constructed in accordance with the requirements as outlined in Section 19A-13 of the Code of Ordinances of the City of Lubbock, Texas. PERMITTEE agrees to save harmless the City of Lubbock from and against all claims, suits, damages or losses in any manner arising out of or connected with the drilling and/or operation of this oil and gas well. GRANTED this 13th ATTEST: /S/ Nancy Wilson day of August , 1981. CITY OF LUBBOCK /S/ Larry Cunningham Larry Cunningham, City Manager TEXLAND PETROLEUM, INC. /S/ APPLICATION OF TEXLAND PETROLEUM, INC. FOR A PERMIT TO DRILL AND OPERATE A WELL WITHIN THE LUBBOCK CITY LIMITS TO THE HONORABLE MEMBERS OF THE LUBBOCK CITY COUNCIL: Now comes TEXLAND PETROLEUM, INC., Applicant herein, and pursuant to Chapter 19A of the Lubbock Code, files this, its application for a permit to drill and operate a well within the Lubbock City Limits, and in support of said application would respectfully show the following: 0 Applicant, Texland Petroleum, Inc., is duly incorporated exploration and development company doing business in the State of Texas, with its residence and principal place of business at 3402 Fort Worth National Bank Building, Fort Worth, Tarrant County, Texas 76102. Applicant would show the�Council that both the,surface,and mineral rights.of the proposed site are owned by R. J. O'Hair and that said lease which is owned by Applicant is known as the O'Hair No. 1. Applicant would further show that the proposed drilling site known as the O'Hair No. 1 is located within the City Limits of Lubbock, Lubbock County, Texas, and said site is more particularly identified by its legal description, to -wit: All of an 87.86 acre tract out of the Southeast part of Section 78, Block A, Lubbock County, Texas and by the plat attached hereto and marked Exhibit "A". Applicant would further show the Council that the type of derrick to be used in the drilling operations at the proposed site is a Lee C. Moore 97 foot derrick and that the proposed drilling depth is 5,700 feet. IV. Pursuant to Section 19A-13 of the Lubbock Code, Applicant further requests that this Honorable Council allow the use of earthen slush pits as opposed to steel pits, said earthen pits to be constructed in accordance with the requirements outlined in Section 19A-13 of the Lubbock Code. 011 561 WHEREFORE, PREMISES CONSIDERED, Applicant, T8Xldnd P2trO|8U0, Inc., respectfully requests this Honorable Council to iSSU8 d permit to Applicant for the drilling of one well OD the above described site in the City Limits of Lubbock, Texas, and Applicant further reQU83t5 that it be allowed to use earthen slush pits as opposed to Steel pits in connection with the drilling Of the O/Hdir NO. l. Respectfully submitted, CREN3HAW, DUPREE & MILAM P.O. BOX 1499 Lubbock, TX 79408 Attorneys for Appl Texland Petroleum, By: THE STATE OF TEXAS i COUNTY OF LUBBOCK i cant, Inc. BEFORE ME, the undersigned authority, d Notary Public in and for said County and State, UD this day personally appeared W. C. BRATCHER, who, being by me duly sworn, on this oath deposes and SdyS that he is of C0UD52l for TEXLAND PETROLEUM, INC,, Applicant herein, and, as such, is authorized and entitled to 0dk8 this affidavit; that he has read the above and foregoing Application of TeXldOd Petroleum, Inc. for a Permit to Drill and Operate a Well within the Lubbock City Limits and knows the C0OteDtS thereof and the matters and facts contained therein are true and C0rreCt- 3UBSCRlBED AND SWORN TO BEFORE ME by the said W. C. BRATCHER OO this the 4th day 0f August , 1981, to certify which witness my hand and seal Of office. --- ------' ck County, Texas *NOTE: Exhibit oA' and bond are attached to original application. OIL AND GAS DRILLING PERMIT (Resolution No. 885-0) THE STATE OF TEXAS i KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK i The City Council of the City of Lubbock, Texas, h8r8h« approves and grants permission to the TEXLAND PETROLEUM, INC, for the drilling of an Oil and gas Well known as the R. J. O/Hair #1 to be located OO the site indicated in the application attached hereto and made a part hereof by reference for all purposes. TEXLAND PETROLEUM, INC,, hereinafter referred to as PERMITTEE, hereby agrees that each provision of Chapter 19A Of the Code Of OrdiDdDC2S of the City Of Lubbock will be complied with and that this Permit is issued CODtiDg UD0D such C0DDliGDCe. This permit is granted for d period of one /l\ year from date of isSudDCS and as long thereafter as drilling operations CUDtiDUe at the Site r2flrr�d to hereindbOve° provided that compliance with the terms of Chapter 19K is 0diDtdiD8d, � The bond and insurance as required by Chapter 19A Of the [Ode Of On]iDd Of the City Of Lubbock has been heretofore submitted by the PERMT]TEE, and are hereby approved. 562 ME 7�� The use of earthen slush pits as opposed to Steel pits is hereby authorized as r8qUeStE by TeXldNd Petroleum, Inc., �3did earthen pits to be constructed in accordance with the requirements �as outlined in'Section 19A-13 of the Code of Ordinances of the City Of Lubbock, PERMITTEE dgr883 to save harmless the City of Lubbock from and against all claims, suits, damages or losses in any 0dDDer arising out of or CODD8Cted with the drilling and/or operation of this oil and gas well. GRANTED this 13th ATTEST: S/NdDCy Nil30D day of August 1981, CITY OF LUBBOCK /S/ Larry J. Cunningham Larry Cunningham, City Manager TEXLAND PETROLEUM, INC. APPLICATION 0FTEXLAND PETROLEUM, INC. FOR A PERMIT TO DRILL AND OPERATE A WELL WITHIN THE LUBBOCK CITY LIMITS TO THE HONORABLE MEMBERS OF THE LUBBOCK CITY COUNCIL: Now C00eS TEXLAND PETROLEUM, INC., Applicant herein, and pursuant to Chapter 19A Of the Lubbock Code, files this, its application for O permit to drill and operate a well within the Lubbock City Limits, and in support of said application would respectfully show the following: 0 Applicant, TeXland Petroleum, Inc., is duly incorporated exploration and development company doing business in the State Of Texas, with its residence and principal place of bV5in8S3 at 3402 Fort Worth National Bank Building, Fort Worth, Tarrant County, Texas 76102. IT. Applicant would show the Council that the surface rights of the proposed site are UK0gd by Ida Ruth Webb, a widow, Kenneth Wilson and Elmo Webb, Trustees Of the 0- A. Webb Estate Trust. Applicant would further ShUW that the owners Of the mineral rights Of the proposed site are Ida Ruth Webb, a widow, Kenneth Wilson and Elmo Webb, Trustees Of the 0, A. Webb Estate Trust, J. B. McCauley, Jr., Annie Sue Coates, Opal McCauley, d widow, and William A. Carter, and that said lease which is owned by Applicant is kD0K0 as the 0. A. W8hh Estate NO. 1. Applicant would further 3h0N that the proposed drilling site known as the O. A. Webb Estate No. l is located within the City Limits of Lubbock, Lubbock County, T8XdS, and said Site is more particularly identified by its legal description, to -wit - All Ofd 19,88 acre tract out of Section y, Block D-4, Lubbock County, Texas and by the plat attached hereto and marked Exhibit "A". Applicant would further show the Council that the type of derrick to be used in the drilling operations at the proposed site is a [88 C. Moore 47 foot derrick and that the proposed drilling depth is 5,700 feet. 563 IV. Pursuant to Section 19A-13 of the Lubbock Code, Applicant further requests that this Honorable Council allow the use of earthen slush pits as opposed to steel pits, said earthen pits to be constructed in accordance with the requirements outlined in Section 19A-13 of the Lubbock Code. WHEREFORE, PREMISES CONSIDERED, Applicant, Texland Petroleum, Inc., resp fully requests this Honorable Council to issue a permit to Applicant for the drilling of one well on the above described site in the City Limits of Lubbock, Texas, and Applicant further requests that it be allowed to use earthen slush pits as opposed to steel pits in connection with the drilling of the 0. A. Webb Estate No. 1. Respectfully submitted, CRENSHAW, DUPREE & MILAM P.O. Box 1499 Lubbock, TX 79408 By: /S/ W. C. Bratcher Attorneys for Applicant, Texland Petroleum, Inc. THE STATE OF TEXAS WMRER1 ::1� BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared W. C. BRATCHER, who, being by me duly sworn, on his oath deposes and says that he is of counsel for TEXLAND PETROLEUM, INC., Applicant herein, and, as such, is authorized and entitled to make this affidavit; that he has read the above and foregoing Application of Texland Petroleum, Inc. for a Permit to Drill and Operate a Well within the Lubbock City Limits and knows the contents thereof and the matters and facts contained therein are true and correct. /S/ W. C. Bratcher W C BRATCHER I SUBCRIBED AND SWORN TO BEFORE ME by the said W C BRATCHER on this the 4th day of August , 1981, to certify which witness my hand and seal of office, /S/ Nancy Wilson Notary Public, Lubbock County, Texas (Seal) *NOTE: Exhibit "A" and bond are attached to original application. 81-40A-563-775 Hold a public hearing on Community Development Block Grantee Performance (27) Report, Period 13. The City is required to submit an annual Grantee Performance Report to HUD within two months at the end of each grant year; this report was filed July 30, 1981. At the 8:30 Work Session, the Council was apprised that the purpose of the public hearing is to evaluate the effectiveness and the progress of the existing projects, and it is not to have citizen input for the appropriation on new monies or approval of new projects. This public hearing covers the past six years. In accordance with Notice published in the Lubbock Avalanche -Journal, a public hearing was held on the above matter. Director of Planning Jim Bertram, Community Development Coordinator Richard Mays, and Administrative Assistant for the CDBG Program Kathy Parsons presente all projects involved in the respective grant years and with the assistance of visual displays apprised the Council of the current status of each project. This information is on file in the Office of the City Secretary. 564 In essence, Director Bertram indicated the following summation: Grant Year 1 (1975-76) $4,920,000 All projects are completed Grant Year 11 (1976-77) $4,122,400 Ten projects; all completed except two (handicapped curb ramps and Posey Neighborhood Rehabilitation) Grant Year 111 (1977-78) $4,824,00 Total projects: fifteen; twelve ,completed, three open (Pump 'Station #8, Arnett -Benson Neighborhood Rehabilitation, and emergency generators for City facilities Grant Year IV (1978-79) $3,861,000 Total projects: 23; ten closed, thirteen open (Sr. Citizens Center, Greenfair Park, residential street lighting, South Maddox Rehabilitation, disposition of Memorial Center Land, Meadowbrook Villa Neighborhood Rehabilitation, Stubbs Neighborhood Rehabilita- tion, Mae Simmons Senior Citizen Center Renovation, Lubbock Lake Site, and the Burl Huffman Softball Complex Grant Year V (1979-80) $2,963,300 Total projects: 38; fifteen completed, 23 open (see exhibit on file) Grant VI (1980-81) $2,110,400 Total projects: 27: six completed Following the presentation of the entire projects for each grant year, there being no discussion nor opposition, the hearing was closed at 11:32 a.m. The Council recessed at 11:35 a.m. for Executive Session. Upon reconvening at 1:35 p.m., the remainding agenda items were considered. 81-40A-564-776 Consider a resolution accepting water and sewer improvements for Tract B, Sewell Addition. (37) Resolution No. 887 The motion was made by Councilman Brown, seconded by Councilwoman Baker to approve Resoluti No. 887 accepting water and sewer improvements. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. JCR:da RESOLUTION NO. 887 RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR TRACT B, SEWELL ADDITION. WHEREAS, the developer of Tract B, Sewell Addition have complied with the provision of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for said addition in accordance with paragraph 61 of said Chapter 34, and WHEREAS, the total utility cost to the developer is $33,240.53 with the improvements constructed by Panhandle Construction Company having a value of $31,553.05 as determined by the unit prices established by said Chapter 34, and $1,687.48 cash paid to the City, with Gene Messer to receive a refund of $25,621.78 in accordance with Chapter 34 of the City of Lubbock, and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications, r 565 AUG 1� 198/ NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: l. That the improvements be and the 5d0e 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 d0VUDt Of $25,621,78 be made in accordance With Said Chapter 34. 3. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 13th DAY OF August 11981 McAlister BILL McALISTER, MAYOR ATTEST: Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Wilford D. Watson Wilford D. Watson, Chief Water Utilities Engineer APPROVED AS TO FORM: John C. Ross, Jr., City Attorney 81-40A-565-777 Consider d resolution authorizing the Mayor to sign an amended application /38\ for water rights permit. ----------------------- *ReS0 888 d08Dd3 Resolution NO. 888 R2So 456 ---------------- /3/27/80\ The proposed d08Dd0eDt to the water rights permit is to include the return water or return f]OW and surplus terminology and allows the City the right for secondary Use treated sewage effluent for irrigation. (See R2SOlUtiUO No. 456, 3/27/80 for water rights permit application data.) The NUti0D was made by C0UnCilw00dD Baker, seconded by COUDCil0dD AdertOD to approve Resolution No. 888 authorizing amended application for water rights permit. Motion carried: Mayor McAlister, Mayor Pro T80 Henry, COUDCi|0eD Brown and Adert0n and C0UDCilwO0aD Baker voting Yea; D0De voting Nay. JCR:Cl RESOLUTION NO. 888 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS, AUTH0RIZI APPLICATION TO THE TEXAS WATER COMMISSION FOR A WATER PERMIT FROM THE BRA7OS RIVER IN KENT COUNTY, TEXAS, AND RELATED MATTERS. � WHEREAS, the City Of Lubbock, T8Xd3 D22d3 an additional supply of water for the domestic and municipal U5e5 of the water supply customers of the City; and WHEREAS, the City Of Lubbock proposes to build a dam and reservoir and diversion project OD the BrdZVS River in Kent [0WDtv, T8XDS, which will provide the City with an additional supply Of water for domestic and municipal US83- and WHEREAS, the Rules Of the Department of Water Resources require that applications for a permit be signed by a duly authorized official of the City; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS, THAT: l. The Mayor of the City Of Lubbock is hereby authorized OD behalf of the City Council to sign such applications as D8CeS3dry to be made to !G 566 the Texas Water Commission for a permit authorizing the appropriation of public water from the Brazos River. 2. The Mayor of the City of Lubbock is hereby authorized and directed on behalf of the City Council to file the application with the Commission, appear and arrange for the appearance of persons representing the City of Lubbock at the hearing and other proceedings on the application before the Commission, and otherwise direct prosecution of the application on behalf of the City. PASSED, ADOPTED AND APPROVED this 13th_ day of August , 1981. (SEAL) ATTEST: /S/ Evelyn Gaff Evelyn Gaffga, City Secretary APPROVED AS TO CONTENT: /S/ Samuel Wahl Sam Wahl, Director of Water Utilities APPROVED AS TO FORM: /S/ John C. Ross, Jr. John C. Ross, Jr., City Attorney /S/ Bill McAlister BILL McALISTER, MAYOR *NOTE: Application for permit is attached and filed with original Resolution. 81-40A-566-778 Consider an appropriation ordinance for landscaping and fencing improvements to Pump (39) Station #10 (Water Capital Improvements Fund). Ordinance No. 8221 This appropriation ordinance is to complete some flat work, fencing, landscaping and irrigation system in conjunction with Pump Station No. 10. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass Ordinance No. 8221 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Council Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. ORDINANCE NO. 8221 WORK ORDER NO. 11536 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described fund, to -wit: Water Capital Project the sum of $43,600 For the following purposes: Landscaping and fencing improvements at Pump Station No. 10 (82nd Street and Memphis Avenue). Prior Appropriation Ordinance Numbers Issued for this Project 567 AUG 13 1931 Projected Costs Flatwork 8,500 Irrigation System 12,000 Plant Materials (Trees & Turf) 16,500 Fencing 6,600 $43,600 Projected Funding Water Capital Project Fund $43,600 AND IT IS SO ORDERED Passed by the Council on first reading this 13th day of August 19 81. Passed by the Council on second reading this day of 19 ATTEST: Mayor VERIFIED BY:/S/ J. Robert Massengale Director of Finance APPROVED BY: /S/ Wilford D. Watson Department Head 81-40A-567-779 Consider authorizing publishing Notice to Bidders for construction of well (40), field control system; consider appropriation ordinance for same (Water ,Capital Improvements Fund). Ordinance No. 8222 Parkhill, Smith and Cooper have been preparing the plans and specifications for this project and are now ready to advertise for bidding. The project is for a remote control of the wells in the Sandhills Well Field and will provide control for the existing 121 wells with capacity for additional wells. The notice will appear August 16, 1981 in the Lubbock Avalanche - Journal; the bids will be open September 15, and submitted to Council for consideration on September 24. The estimated cost is $198,000. The motion was made by Councilman.Aderton, seconded by Councilwoman Baker to authorizing the publication for a Notice to Bidders for stated project and to pass Ordinance No. 8222 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. I ORDINANCE NO. 8222 WORK ORDER NO. AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described fund, to -wit: -Water Capital Project the sum of $198,000 For the following purposes: Well control system for Sandhills Well Field Em 71" Projected Costs Projected Construction $198,000 Water Capital Project Fund $198,000 AND IT IS 3O ORDERED Passed by the Council on first reading this 13th day of August 1981. Passed by the Council OD s8CODd reading this day of 1981, ATTEST: VERIFIED BY: /S/ J. Robert Massengale Director of Finance APPROVED BY: /S/ Wilford D. Watson Department Head 81-40A-568-780 Consider a lease agreement with Carbon Dioxide Technology Corporation for land on which (41) they will construct a and authorize same. CO2 *Re5O 889 d08Dd6 Resolution NO. 889 R8sO bll ------ /9/25/80\ On September 25, 1980, the City entered into an agreement With Carbon Dioxide Technology Corporation to S2|l the stack gases produced from the Holly Avenue Plant /388 R83UlVti0O No. 611\. PUrSUdDt to that agreement, the Corporation DOW plans to build d CO2 Recovery Plant and wishes to l8O38 certain \dDd dd'dCeDt to the Holly Plant. Approximately three acres are involved; the term of the lease is for sixteen years at $2,500 per year. The Notion was made by COUDCil0aD Brown, S8CUDdpd by C0UnCilwO0dD Baker -to pd35 Resolution No. 889. Motion carried: Mayor McAlister, Mayor Pro Je0 Henry, C0UDCil08D Brown and Adert0D and CUVncilWD0dD Baker voting Yea; DOD8 voting Nay. F10=0 RESOLUTION NO. 889 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 OD behalf of the City of Lubbock d Lease Agreement between the City Of Lubbock and Carbon Dioxide Technology Corporation attached herewith which Shall be spread upon the minutes of the Council and as spread UpOD 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 August 1981- ' /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Carroll McDonald Carroll McDonald, Director of Electric Utilities APPROVED AS TO FORM: /S/ David W. Reagan David W. Reagan, Assistant City Attorney 569 LEASE AGREEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK THIS LEASE AGREEMENT made this 13th day of August , 1981, between the City of Lubbock, Texas, a home rule municipal corporation (here- inafter referred to as "Lessor"), and Carbon Dioxide Technology Corporation, a Texas corporation having its principal office at 11211 Katy Freeway, Suite 320, Houston, Texas (hereinafter referred to as "Lessee"), do hereby covenant and agree as follows: WHEREAS, on the 25th day of September, 1980, Lessor and Lessee entered into a contract whereby Lessor agreed to sell and Lessee agreed to buy the carbon dioxide which Lessee recovered from the stack gases produced at Lessor's Holly Avenue Power Station; and WHEREAS, in the above mentioned contract Lessee agreed to construct and operate a facility for the removal of carbon dioxide from the stack gases produced at Lessor's Holly Avenue Power Station; and WHEREAS, in the above mentioned contract Lessor agreed to lease to Lessee a tract of land adjacent to Lessor's boilers at its Holly Avenue Power Station for the construction, maintenance and operation of Lessee's facility. NOW THEREFORE, the Lessor and the Lessee do mutually agree as follows: 0 For and in consideration of the rent hereinafter specified to be paid by Lessee, and the covenants and agreements hereinafter contained, to be kept and performed by Lessee, Lessor does hereby demise, lease and let unto Lessee certain property consisting of approximately 3 acres in Lubbock County, Texas, described in Exhibit A, and shown outlined in red on the print marked Exhibit B, both of which exhibits are attached hereto and by this reference incorporated herein for all purposes as if here set forth at length. II. The term of this lease shall be 16 years, beginning on the day of , 1981, and ending on the day of 1997. If Lessee holds possession of the premises after the term of this lease, Lessee shall become a tenant from year to year under the provisions herein provided. Either the Lessor or the Lessee may terminate this lease effective as of the end of the term of this lease or as of the end of any subsequent year by giving the other party not less than one hundred eighty (180) days prior written notice thereof before the end of such subsequent year. In the event that Lessor's current production of stack gases at its Holly Avenue Power Station is substantially curtailed or discontinued for any reason, including but not limited to compliance with state or federal legislation, either party shall be entitled to terminate this lease upon thirty (30) days written notice to the other party. Further, this lease shall also terminate should that contract described above and dated September 25, 1980, whereby Lessor agreed to sell and Lessee agreed to buy the carbon dioxide recovered from Lessor's stack gases, be cancelled or terminated for any reason. Lessee covenants and agrees to pay to Lessor as rent for the said property the sum of FORTY THOUSAND DOLLARS ($40,000.00), for the full term hereof, which rental shall be paid in installments as follows: TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) upon execution of this lease, and TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) on the 13th day of August of each and every year thereafter until the termination of this lease, without delay, deduction or default. The parties hereto mutually agree that the rental rate will be adjusted upward or downward for each year beginning January 1, 1983, in direct pro- portion to the fluctuation in the U.S. Department of Labor, Bureau of Labor Statistics Cost of Living Index. For the purpose of computing all adjustments the Bureau of Labor Statistics Cost of Living Index as of January 1, 1981, shall be construed as the base period. IV. Lessee may, at Lessee's sole cost and expense, construct facilities on the property necessary for the removing, extracting and refining of the carbon dioxide in the stack gases produced from the Holly Avenue Power Station. 570 AUG. 13 1981 V . Neither the leased property nor any portion thereof shall be sublet, nor shall this lease, or any interest therein be assigned, hypothecated or mortgaged by Lessee, and any attempted assignment, subletting, hypothecation or mortgaging of this lease shall be of no force or effect, and shall confer no rights upon any assignee, sublessee, mortgagee or pledgee. In the event that Lessee shall become incompetent, bankrupt, or insolvent, or should a guardian, trustee, or receiver be appointed to administer Lessee's business or affairs, neither this lease nor any interest herein shall become an asset of such guardian, trustee or receiver, and in the event of the appointment of any such guardian, trustee, or receiver this lease shall immediately terminate and end. VI. In addition to the rents above specified, Lessee shall obtain all permits and licenses required by any and all laws of any federal, state or other governmental agency and the ordinances of the City of Lubbock, Texas, and pay all fees therefor. V I I . Lessee agrees to pay all property taxes assessed against or on any or all of the property leased herein; and Lessee agrees to pay all property taxes assessed against or on any and all improvements made by Lessee on the property leased herein. If the property or the improvements are deemed by law exempt from such property taxes, then in such event Lessee shall pay to Lessor in lieu of such taxes an amount equal to the property taxes which would be assessed by the City of Lubbock, Texas. VIII. Prior to Lessee's commencing any construction on the property leased herein, Lessee must deliver detailed plans and specifications of such construction to Lessor and obtain Lessor's approval of such plans and specifications. Lessee further agrees that after construction of Lessee's facilities is completed, Lessee will deliver to Lessor detailed drawings of Lessee's facilities as built. If Lessee determines that it is in its best interest to contract out any phase of the construction of Lessee's recovery plant and facilities, then in such event Lessor retains the right to approve any such contract prior to its execution. IX. During construction of the Lessee's facilities, Lessee will take extraordinary care to insure that no damage occurs to Lessor's property, including any and all structures, and in the event that any such damage does occur, whether through acts of negligence on the part of Lessee, its agents and/or employees, or otherwise, Lessee shall restore said damaged property and structure to the same condition as existed prior to the damage, at Lessee's sole cost and expense. X. Lessee agrees to indemnify Lessor against, and save Lessor harmless from any and all claims and demands which are asserted or established against Lessor, its successors or assigns which are based upon or arise out of any loss or damages suffered by Lessor arising out of the activities of Lessee as contemplated by this Agreement. Lessor agrees to indemnify Lessee against, and save Lessee harmless from any and all claims or demands which are asserted or established against Lessee.,its successors or assigns which are based upon or arise out of any activites of Lessor. I Lessee agrees to indemnify Lessor against any and all costs which Lessor may incur as a result of Lessee's recovery operation, including but not limited to: additional fuel costs, damage to Lessor's equipment, escalated wear and tear on Lessor's equipment, and expense for re -locating underground water lines. XI. Lessee covenants and agrees to carry and maintain in force adequate insurance to insure Lessor from damage to person or property as a result of Lessee's construction of its facilities, including but'not limited to damage resulting from acts or omissions, negligent or otherwise, of the Lessee or any of its agents, employees, or other persons; Lessee further agrees to carry and maintain in force, at all times during the term of this lease, a policy or policies of fire insurance in an amount equal to the full insurable replacement value of Lessee's improvements on the demised premises, and Lessee further agrees to indemnify and hold Lessor harmless for any damage resulting to person or property as a result of any fire originating on the demised premises or Lessee's improvements thereon; Lessee further agrees to carry and maintain in full force and effect all insurance policies set forth in the above mentioned original contract between Lessor and Lessee. 571 X I I . In the event that Lessee's facilities placed on the leased property are substantially damaged or destroyed by fire, windstorm or the act of God or a public enemy, Lessee may, at its election, terminate this lease in which event Lessee shall not be under any liability for the payment of rent for any period of time subsequent to the date upon which such damage or destructi occurred and the rent shall be prorated for the particular year in which the destruction occurred. If Lessee elects to rebuild or repair its facilities, Lessee shall do so without unnecessary delay and shall complete all rebuildin and repairing within eighteen (18) months from the date of such damage or destruction. XIII. Lessor does hereby grant to Lessee the right, privilege, and license to use a portion of Lessor's property, including a portion of Lessor's Holly Avenue Power Station, for construction of a duct connecting Lessee's facility with said Power Station for the removal of carbon dioxide from the stack gases produced at Lessor's Power Station, the exact location of which will be designated by Lessor; the term of this grant shall be for the period during which this lease remains in effect, provided, however, that in the event of any necessary repairs to Lessor's Power Station, or in the event of any emergency, Lessor may compel Lessee to remove said duct, and Lessee shall immediately so remove, at Lessee's sole cost and expense, but upon termination of any such repairs or emergency, Lessee will reconstruct said duct, at Lessee's sole cost and expense; provided further that if Lessee should fail to remove said duct as requested by Lessor, Lessor may remove said duct at Lessee's sole cost and expense. XIV. Lessor agrees to provide to Lessee, at a rental value of $5,000 per year a portion of Lessor's property, consisting of approximately six acres, adjacent to the leased premises made the subject of this lease agreement, for the limited purpose of usage as a storage area for Lessee's construction materials and equipment, and for no other purpose; the boundary of the above mentioned storage area has been designated by Lessor and delineated in red ink on the diagram attached hereto as Exhibit "B" ; it is further agreed that Lessee will construct and maintain a temporary fence bordering the said designated area. It is further agreed that the rental period for such designated adjacent area shall last only for the period reasonable and necessary to complete construction of Lessee's Recovery Plant, but shall in no event exceed a period of 24 months. Xv. Lessee shall not attach, affix, locate or permit to be attached, affixed, or located upon the leased property outside of Lessee's facilities or which can be seen from the outside of Lessee's facilities any signs or other similar advertising device without first having obtained the written consent of Lessor. XVI . In any of the following events Lessor, at any time hereafter, shall have the right at Lessor's election immediately to terminate this lease and agreement: (a) In the event Lessee shall fail to pay the rent in the amounts and at the times and in the manner herein provided and such failure shal continue for thirty (30) or more days after written notice thereof shall have been given to Lessee; (b) In the event Lessee shall fail to keep and perform or shall violate the terms, covenants and conditions of this lease and agreement on its part to be kept and performed, and Lessee shall not have cured o corrected such failure or violation within thirty (30) days after written notice thereof shall have been given to Lessee; (c) 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; o' if a court shall take jurisdiction of Lessee and its assets pursuant to proceedings brought under the provisions of any federal reorgani- zation 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 operation of law. 572 Zr (d) In the event Lessee shall vacate or abandon said premises, or shall permit the same to remain vacant or unoccupied without the consent of Lessor first had and obtained. (e)' In the event Lessee fails to perform or discharge any of the ob- ligations required of Lessee by the contract dated September 25, 1980, between Lessor and Lessee. I Lessor shall give written notice to Lessee to correct and cure such default, failure to perform or breach and if, within thirty (30) days from the date of such notice, the default, failure to perform or breach complained of shall not have been corrected in a manner satisfactory to the Lessor, then and in such event, Lessor shall have the right, at once and without further notice to Lessee, to declare this agreement terminated and to enter upon and take full possession of the leased area and, provided further that upon the happening of any one of the contingencies enumerated in Paragraph X, subparagraph (c) hereof, this agreement shall be.deemed to be breached by Lessee, and thereupon "ipso facto" and without entry or any other action by Lessor the agreement shall terminate, subject to be reinstated only if such involuntary bankruptcy or insolvency proceedings, petition for organization trusteeship, receivership or other legal act divesting Lessee of its rights under this agreement shall be denied, set aside, vacated or terminated in Lessee's favor within thirty (30)'days from the happening of the contingency. Upon the happening of said latter events, this agreement shall be reinstated as if there had been no breach occasioned by the happening of said contingencies, provided that Lessee shall within ten (10) days after the final denial, vacating or setting aside of such petition on the vacating, terminating or setting aside of such appointment, pay or discharge any and all sums of money which may have,become due under this agreement in the interim and shall then remain unpaid and shall likewise fully perform and discharge all other obligatio which may have accrued and become payable in the interim. XVII. Any waiver or any breach of covenants herein contained to be kept and performed by Lessee shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent Lessor from declaring a forfeiture for any succeeding breach either of the same condition or covenant or otherwise. XVIII. All notices or demands necessary or desirable under the provisions of this lease for Lessee to give to or serve upon Lessor shall be addressed as follows: City of Lubbock Attention: Carroll McDonald 916 Texas Avenue P.O. Box 2000 Lubbock, Texas 79457 and all notices or demands necessary or desirable under the provisions of this lease for Lessor to give to or serve upon Lessee shall be addressed as follows: Carbon Dioxide Technology Corporation 11211 Katy Freeway, Suite 320 Houston, Texas 77079 All notices to be given by either party to the other party pursuant to any of the terms of the lease shall be forwarded by registered or certified mail, return receipt requested, and shall be deemed to have been given upon the date of the mailing thereof as shown on the post office receipt. Either party may, at any time, direct in writing that particular notices or types of notices be delivered to specific designees other than those named herein. XIX. It is mutually understood and agreed that nothing contained in this lease and agreemen, is intended, or shall be construed, as in any wise creating or establishing the relationshil of co-partners or joint venturers between the parties hereto or as constituting the Lessee as the agent or representative of the Lessor for any purpose or in any manner whatsoever. XX. At the expiration, termination or cancellation of this lease, Lessee shall have a period of one year to remove machinery, fixtures, buildings, and other above and below ground structures placed on the leased property and restore the property to the same condition as existed on said property prior to the entry thereon by Lessee. Should any machinery, fixtures, buildings, and other above and below ground structures not be removed by Lessee within one year after expiration, termination or cancellation of this lease, Lessor may either have the same removed and assess the cost to the Lessee or Lessor may take possession of such machinery, fixtures, buildings and other above and below ground structures and such shall become the property of Lessor for all purposes. 573 AUG 1 XXI. Lessee agrees that it shall keep the leased property and all improvements) clean and free of all debris and other waste matter. Lessee shall provide a complete and proper arrangement for the adequate sanitary handling and dis- posal, away from the leased property, of all trash, garbage and other refuse caused as a result of the operation of its business. XXII. Lessor shall have the right at all reasonable times to enter upon the leased property and facilities of Lessee for the purpose of inspecting Lessee's facilities to insure that Lessee's facilities conform to the plans and drawings of Lessee's facilities furnished to Lessor. Lessor shall have the right to enter upon the leased property and facilities of Lessee at any time there exists a condition upon the leased property or facilities of Lessee which endangers the operation of Lessor's Holly Avenue Power Station or any part thereof. In Witness Whereof, the parties have executed this lease agreement this 13th day of August , 1981, by their duly authorized officers. LESSOR - CITY OF LUBBOCK, TEXAS BY:/S/ Bill McAlister BILL McALISTER, ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Carroll McDonald Carroll McDonald, Director of Electric Utilities APPROVED AS TO FORM: /S/ David W. Reagan David W. Reagan, Assistant City Attorney LESSEE - CARBON DIOXIDE TECHNOLOGY CORPORATION BY:/S/ W. R. Wi W. R. WIGC President ATTEST: /S/ R. A. Mohun R. A. Mohun, Vice President THE STATE OF TEXAS COUNTY OF LUBBOCK ins, Jr. S, JR. BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared Bill McALISTER, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 18th day of August 1981. /S/ Mary C. Gonzales Notary Public, Lubbock County, Texas My Commission Expires 8/30/84 � � 574 THE STATE OF TEXAS i COUNTY OF LUBBOCK i BEFORE ME, the undersigned authority, d Notary Public in and for Said County, Texas, on this day personally appeared W.R. WI8GINS, JR., PRESIDENT Of CARBON DIOXIDE TECHNOLOGY CORPORATION,,known to 08 to be the person whose DD08 is 3UbSCrfb8d CO the foregoing instrument and acknowledged to 0e that he executed the Sd0e as the act and deed of CARBON DIOXIDE TECHNOLOGY CORPORATION, for the pUrpOS83 and CODSid8rdti0D therein 8Xpr85S8d and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of Notary Public, Lubbock County, Texas My Commission Expires *NOTE: Exhibits "A" and "B" are attached to original Resolution and Lease Agreement. 81-40A-574-781 Consider a resolutionth0 i iD the City Manager to apply for a Criminal Justice Grant, (42) Crime Prevention Unit. R8SO|uti0D No. 890 At the 8:30 Work 3eSSi0O, Rick Childers, Administrative Assistant to the City Manager, apprised the CVUDC1l that the request for this application is a CODtiOVdti0D of the Criminal Justice Grant previously approved for the Police Department's Crime Prevention Unit. This will be the third year Of funding. The Unit C0DSi3tS Of a Police Sergeant, a Police Corporal and a secretary. The program ia administered by the Unit Director in dCC0rddDCe with the project guidelines. Their major responsibility is to cultivate resources and d3SfStdDCe from the community, D8wS media, local and civic groups for the prevention of crime within the community. The total budget for the third year is $80,620 of which the City is required to make a cash contribution Of 40% /$31,536\, the G0YerD0r/S Criminal Justice Council providing 60% /$49,084\. The Citv/S portion is d part of the Police Department's aDDUdl budget. The Unit has'recruited 9,000 local families to participate in the x0oerdtiOD I.D. Campaign": has organized 47 Neighborhood Watch Groups; has surveyed 51 CU002rCidl bUSiD8SSeS for security purposes; and has distributed over 20,000 pieces of literature. The number of burglaries in 1980 has decreased 8.5% and the number of armed robberies has declined The K0ti0D was made by CUUDC1/w00dD Baker, seconded by [0uDCil0aD Brown to pdS3 Resolution No. 890 applying for the Criminal Justice Grant. MOtfUD carried: Mayor McAlister, Mayor Pro T8m Henry, Councilmen Brown and AdertoD and Councilwoman Baker voting Yea; DUDe voting Nay. DGV:Cl RESOLUTION NO. 890 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock BE and is hereby authorized and directed to make application for and UD behalf Of the City of Lubbock for Criminal Justice Project funds for CVDtiDUdti0D of the Citv/S Crime Prevention Project for the year 1982. PASSED by the City Council on this 13th day of August 1981. ATTEST: Evelyn Gaffga, City Secretary -Treasurer ' APPROVED AS TO CONTENT: �3/ Rickey Childers Rickey Childers, Administrative Asst. ZS/ Bill McAlister BILL McALISTER, MAYOR APPROVED AS TO FORM: Donald G. Vandiver Donald G. Vandiver, First Asst. City Attorney *NOTE: Copy Of Grant Application is VD file in the Office of Rickey Childers, Admin. 575 AUG 13 1981 81-40A-575-782 Consider an ordinance amending Voting Precinct #10 due to closing Carroll (43) Thompson Jr. High School and Precinct #26 due to recent annexations. Ordinance No. 8223 Under the Voting Rights Act of 1965, the Justice Department requires that all matters pertaining to any changes related to elections or election procedures be submitted for approval approximately 60 days prior to the election anticipated. Two changes have taken place since the last election: (1) The Pete Hale Annexation affecting Precinct #26 was annexed October 28, 1980; (2) Carroll Thompson Jr. High School, Precinct #10 polling place, was closed effective January 20, 1981; we have secured permission to use the Lubbock High School cafeteria for this precinct. The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Ordinance No. 8223 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. DGV:pc ORDINANCE NO. 8223 AN ORDINANCE AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING THE LANGUAGE OF PORTIONS OF SECTION 10-6 WITH REGARD TO POLLING PLACES AND PRECINCT BOUNDARIES; PROVIDING FOR A MAP OF THE VOTING PRECINCTS OF THE CITY OF LUBBOCK; PROVIDING THAT ALL PORTIONS OF SECTION 10-6 NOT AMENDED SHALL REMAIN THE SAME; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 81-40A-575-783 Consider Release and Settlement Agreement with Page & Wirtz Construction (44) Co., and authorize same. Resolution No. 891 On November 30, 1976, during the construction of the Civic Center, there was an electrical explosion and fire at the Civic Center, resulting in a lawsuit against the City, Deaver and Vickery, and Westinghouse Supply Company filed by Page & Wirtz Construction.Company. This case came to trial and the jury assessed 60% of the liability against the City, 15% of the liability against Deaver and Vickery, and 10% of the liability against Westinghouse. In addition, the jury found Westinghouse Supply Company had violated the Deceptive Trade Practice Act and assessed treble damages against Westinghouse. Due to inconsistent answers to the Special Issues submitted to the jury, the Court revised the verdict and assessed 80% liability against the City, 20% liability against Deaver and Vickery, and did enter a Judgment against Westinghouse for violation of the Deceptive Trade Practices Act and assessed treble damages against them. All three Defendants filed for an appeal, and the Plaintiffs (Page & Wirtz), not wanting to distract from the Deceptive Trade Practices of Westinghouse, settled the case with the City for 60% liability. In return for this settleme the City would not pursue its appeal against Page & Wirtz. The motion was made by Councilman Brown, seconded by Councilwoman Baker pass Resolution No. 891 authorizing the the Release and Settlement Agreement in this matter. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilme Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. DWR:cl RESOLUTION NO. 891 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 Release and Settlement Agreement between the City of Lubbock and Page and Wirtz Construc- tion Company, attached herewith which shall be spread upon the minutes of it, the C0UOCjl and as spread UpOD the minutes of this Council Shall C0DSCjtUtS and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 13th ATTEST: Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: .day of— August I981. /S/,Bill McAlister BILL McALISTER, MAYOR /S/ Carroll McDonald Carroll McDonald, Director of Electric Utilities /S/ David W. Reagan David W. Reagan, Assistant City Attorney No. 88,432 PAGE & WIKTZ CONSTRUCTION IN THE 237TH DISTRICT COURT COMPANY V3, OF THE CITY OF LUBBOCK, ET AL LUBBOCK COUNTY, TEXAS RELEASE AND SETTLEMENT AGREEMENT WHEREAS, on or about November 30, 1976 at the Civic Center, central plant, Lubbock, Texas, while under construction with Plaintiff PAGE & NIRTZ CONSTRUCTION COMPANY being the general contractor, DEAVER & VICKERY COMPANY a SUhCODtraCtUr, and the CITY OF LUBBOCK as owner, an electrical 8XplOSi0D and fire occurred at the central plant. The proximate cause of which Plaintiff alleges was the O8glig8DC8 Of the CITY OF LUBBOCK AND LUBBOCK POWER AND LIGHT, DEAVER&VICkERY COMPANY and the further negligence and defective product allegedly supplied by WE5TINGHOU3E SUPPLY COMPANY. All Of which resulted in this cause of action being filed by RAGE & WIRTZ CONSTRUCTION COMPANY (hereafter SO0eti0P3 referred to as PAGE & WIRTZ\ against DEAVER & VICKERY COMPANY (hereafter sometimes referred to as DEAVER & VICKERY\, NESTINGHOU3E SUPPLY COMPANY (hereafter S00etf0e3 referred to as WESTTNGHOHSE) and the CITY OF LUBBOCK AND LUBBOCK POWER AND LIGHT (hereafter S002ti08S collectively referred to as LUBBOCK), and in which the Defendants filed Cr05S actions against each Other and which suit went to trial on March 23, 1981, before d jury which returned its Verdict OD March 26, 1981, which was duly accepted and OD which the Court subsequently rendered d judgment on April 24, 1981, against all Defendants and in favor Of RAGE & WIRTZ: WHEREAS, PAGE & WIRTZ and LUBBOCK desire to compromise and settle all claims and controversies h8tN8eD them` NOW, THEREFORE, KNOW ALL MEN by these presents that PAGE & WIRTZ, for and in COn3iderdt of the SU0 of $73,250.00 in hand paid by or on behalf of LUBBOCK, the receipt of which is hereby acknowledged and for the further consideration Of the promise of LUBBOCK not to appeal from the above mentioned judgment, PAGE & NIRTZ does hereby release THE CITY OF LUBBOCK AND LUBBOCK POWER AND LIGHT, the insurer Of said Defendants, the officers, directors agents, servants and employees of said Defendant and insurer, and any and all pdrtieS, firms, corporations, Or persons in privity with either of them, Of and from all dCtfoDS, CdUS8s of actions, claims, d80dDd3, damages, 8Xp8DSeS, C0SCS of COUrC, property damage and liability Of any nature whatsoever on dCCOUDt of or in any way growing out of the above described occurrence or its results in the above styled and numbered CdUSe, whether liability or damage is known Or UDkD0wD, and further agrees for the Sd08 consideration, that the said judgment be and h8r8h« is released insofar as it is against THE CITY OF LUBBOCK AND LUBBOCK POWER AND LIGHT' � It is further understood and agreed that this release and settlement agreement in no way releases Or affects Plaintiff's claims, CdU32S Of action, judgment Or relationship between PAGE & WIRTZ AND WE3TINGHOUSE, PAGE & NIRTZ specifically r2SerV23 out its CdVSe of action and judgment against WE5TINGHOU3E from this release and settlement agreement. / 577 AUGl3 /981 ID furth2rCVnSiderdti0D of the SU0S paid and promise made by LUBBOCK, PAGE & WIRTZ dgr883 to indemnify and save harmless THE CITY OF LUBBOCK AND LU[ POWER AND LIGHT from any and all liabilities, dg0dDdS, damages, 8XpeD325, cost of COUrt' suits, dCtiOOS, or CdUSeS of actions and attempts or efforts to enforce or satisfy and 'Udg08Dt against LUBBOCK now in existence or which may COm8 into existence hereafter by WESTINGHOU3E, or DEAVEK & VI[KERY Or both or any person, firm, corporation, entity, in privity With them, for any reason, because Of the 0CCUrr8DCe made the basis of this 3uit. It is understood that PAGE & WIRTZ will not be liable to indemnify LUBBOCK for Attorneys' f28S UD retrial. It is further understood and agreed that this Release and Settlement Agreement does not Settle Or release and in no way affects the claims, CaUSeS of action or liability alleged in Cause No. 88,985 in the 237th District Court of Lubbock County, Texas, styled oWILLIAM D. TAYLOR VS, CITY OF LUBBOCK AND LUBBOCK POWER & LIGHT AND WESTINGHOUSE SUPPLY COMPANY, A DIVISION OF NE3TINGHOU5E ELECTRIC CORPORATION," Or the third party dCtiVO filed by the City of Lubbock against Page & Wirtz Construction Company; in addition, the said indemnity and hold harmless agreement Of the pr2CeediDg paragraph has no application to said suit- described above in this paragraph. It is finally understood and agreed that LUBBOCK shall pay all CU3t3 of court it has incurred in its nd0e,aDd that as between PAGE & WIRTZ and LUBBOCK all other C0St3 Of court, whether now incurred or incurred in the future, shall be paid by PAGE & WIRTZ uDl8SS otherwise adjudged against some other party to the case, but in no £Y8Dt shall be paid by LUBBOCK. ' ID executing this Release and Settlement Agreement, Plaintiff agrees that the settlement and compromise of this disputed claim is in DO way to be C0DSid2r8d as an admission of liability and LUBBOCK expressly denies liability, but this settlement is 0dd8 in order to avoid further litigation and make peOC8, It is understood that this is the full, final and absolute settlement of any and all claims held, owned or p0s58SS8d by PAGE & WIRTZ in any COpdC1tv whatsoever; and said PAGE & WIRTZ represents that its officer and representative have read and understood the above and foregoing Release and Settlement Agreement and every word Of it. It is also further agreed between DEAVER & VI[KERY AND THE CITY OF LUBBOCK AND LUBBOCK POWER AND LIGHT that each of them hereby VdiVe6 any and all Cldi0S which each may have against the Other whether for contribution or indemnity arising out of this suit No. 88,432 as styled first written in the heading of this d0CUm8nt. EXECUTED this, the 13th day Of 1981, JONES, TROUT, FLYGARE, MOODY & BROWN P.O. AOX 2425 Lubbock, T8Xd3 79408 /S/ James L. Wharton James L. Wharton 8»: State Bar of Texas I.D. No. 21243500 ATTORNEYS FOR PAGE & WIRTZ CONSTRUCTION COMPANY PAGE & WIRTZ CONSTRUCTION COMPANY By: THE CITY OF LUBBOCK AND LUBBOCK POWER AND LIGHT /S/ Bill McAlister Bill McAlister, Mayor By: DEAVER & VICKERY COMPANY BY: /3/ Burl G. Deaver 578 J[NN C. RO3S, JR. CITY ATTORNEY State Bar No. 17303000 P.O. 8UX 2000 Lubbock,. Texas 79457 By: P. Brewster James P. Brewster CIVIL TRIAL ATTORNEY State Bar of Texas I.D. No. 02970000 /806\ 762-6411, ext. 2215 ATTORNEYS FOR CITY OF LUBBOCK AND LUBBOCK POWER AND LIGHT CARR, EVANS, ROUTS & HUNT P.O. Box 2585 Lubbock, Texas 79408 /806\ 765-7491 By: SDonald M. Hunt Donald M. Hunt State Bar of Texas I.D. No. 10284000 THE STATE OF TEXAS I COUNTY OF LUBBOCK � BEFORE ME, the undersigned authority, OD this day personally appeared Jack Wirtz known to 0e to be the person whose name is subscribed to the foregoing iDStrU08Dt and acknowledged to 0e that the Sd0e was the act and deed Of the said PAGE & WIRTZ CONSTRUCTION COMPANY, and that he executed the sd08 as the act Of such corporation for the purposes and consideration therein expressed, and in the CdpdCfty therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 14th day 0f August, 1981. /S/ James L. Wharton (Seal) Notary Public, Lubbock County, |eXdS My Commission Expires: 1/27/84 THE STATE OF TEXAS � COUNTY OF LUBBOCK � BEFORE ME, the undersigned authority, On this day personally appeared Bill MCAlister, known to 08 to be the person whose Dame is SUb6Crih8d to the foregoing instrument and acknowledged to 0e that the 3d08 was the act and deed of the said CITY OF LUBBOCK AND LUBBOCK POWER AND LIGHT, and that he executed the Sd08 as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 18th day Of August, l98l. � . OliviaSolis Notary Public, Lubbock County, Texas My Commission Expires: 12/5/81 (Seal ) THE STATE OF TEXAS � COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, OD this day personally appeared known to 0P to be the person WhU58 Da08 is subscribed to the foregoing instrument and acknowledged to me that the same was the act and deed of the said OEAVER & VICKERY COMPANY, and that he 8X8CUted the Sd0e as the act of Such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. |l GIVEN UNDER MY HAND SEAL OF OFFICE this the 18th day Of August, 1981. ___ ____ /S/ Marian Mabry Notary Public, Lubbock County, Texas My Commission Expires: 6/22/85 579 AUG 13 1981 The City Council recessed at 1:41 p.m., reconvening at 1:42 p.m. sitting as the Regulatory Authority. 81-40A-579-784 Sitting as the Regulatory Authority, consider Order suspending rate increase (45) for 120 days, as filed byEner as PNG onJulyJul 1, 1981. July �_ The Council was apprised of the situation sitting as the Regulatory Authority at the 8:30 Work Session. There was some discussion as to the posture the City wishes to assume in evaluating this proposed rate increase, and it was stated at this time that this 120-day period is the time for negotiation with Energas (PNG), if possible. The Energas Company filed a Statement of Intent to increase the rates within the West Texas Distribution System with the City Secretary on July 31, 1981; the effective date is September 4, 1981. The proposed Order would suspend the effective date of the rate increase for 120 days, during which time a proper evaluation of the proposed rate schedule could be conducted. It was the consensus of most of the Council that the City of Lubbock should contemplate in retaining their own rate analyst to handle the evaluation of this proposed rate increase. Two of the Council members leaned toward continuing as a part of the System. Nevertheless, the staff was instructed to gather together a proposed, qualified firm with expertise in this area. The motion was made by Councilman Brown, seconded by Councilwoman Baker to enact the Order, putting into effect a 120-day suspension of the proposed rate increase as filed by Energas. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. JCR:cl Fliffow.11 WHEREAS, on July 31, 1981, Energas Company (a division of Pioneer Corporation) filed with the City Secretary of the City of Lubbock a Statement of Intent to change rates within the cities and towns composing its West Texas Distribution System, which includes Lubbock, proposing an effective date of September 4, 1981, for rate increases contained within the Statement of Intent heretofore mentioned; and WHEREAS, the rate increases requested by Energas Company will constitute a major change as that term is defined in Section 43(b) of Art. 1446c, Vernon's Annotated Texas Civil Statutes; and WHEREAS, the rate increases will effect the following classes of cus- tomers: (a) Domestic and commercial type (b) Small industrial (c) Large air conditioning and/or electric generating gas service; WHEREAS, the City of Lubbock now finds that it will need additional time to evaluate the rate increases requested by Energas Company in its Statement of Intent; and WHEREAS, the City of Lubbock deems it appropriate and in the public interest to determine whether or not it will be necessary for the City of Lubbock to employ rate consultants, auditors, accountants, and other experts in the field of rate making to assist it in properly evaluating the rate increases requested by Energas Company. THAT the scheduled rates set forth in the Statement of Intent filed by Energas Company with the City of Lubbock on July 31, 1981, and scheduled to take effect on September 4, 1981, BE and are hereby suspended pending a hearing and decision on this matter by the City Council sitting as regulatory body in this case, said suspension not to exceed a period of one hundred and twenty (120) days from September 4, 1981. ME 71 TT IS FURTHER ORDERED that a copy Of this Order be mailed certified mail return receipt to Energas Company, P.O. Box 40, Amarillo, Texas 79189, by the City Secretary. Passed bv'the City Council this 13th day Of August 1981. Bill McAlister BILL McALISTER, MAYOR ATTEST: Evelyn LVe|yD 6affga, City Secretary -Treasurer APPROVED AS TO FORM: John C. Ross, Jr., City Attorney i� �r� tt� ti � �dt� f0 �liC 8l"40A-58U-785 S1ttiD as th R8 | t0 8 th��L� /��\ to consider requested rate ----- increase il d by En8rod3 �� Ju|y 31, |98|- ' . � The purpose Of this Order is to COOdUCt d public hearing OD the proposed rate increase. Said hearing to be held 30 days within the date the proposed rate change would b8CV08 effective, which would be not later than October 3. September 24 is the last possible opportunity the Council would have to consider this matter before the stated deadline. The 0OtiVD was made by [0UDCilwU0dD Baker, 5SC0Dd2d by C0UDCil0aO Brown to hold d public hearing on September 24, 1981 at 1:30 p,0. to consider the request of rate 1DCreaS2 as filed by ED2rgas. Motion carried: Mayor McAlister, Mayor Pro Te0 Henry, COUDCil0eD 8rOWD and AdertUD and Councilwoman Baker voting Yea; DOD2 voting Nay. J[R:Cl WHEREAS, on JU|y 31, I981, Energ8s Company (a division of Pioneer Corporation) filed with the City Secretary Of the City of Lubbock d Statement of Intent to change rates within the cities and towns composing its West Texas Distribution System, which includes Lubbock, proposing an effective date of September 4, 1981, for rate increases contained within the Statement of Intent heretofore mentioned; and WHEREAS, the rate increases requested by EOergas Company will C0D5titUt8 a 0d'0r change asthat term is defined in Section 43(b) of Art, I446C, Vernon's Annotated Texas Civil Statutes; and WHEREAS, the rate iDCr8dS8s Will effect the following C]dS5eS Of CUStU08rs: 8 Domestic and commercial type 'b Small industrial C\ Large air conditioning and/or electric generating gas service; and WHEREAS, the City of Lubbock deems it appropriate to enter UpOD d public hearing to determine the propriety of the increase in rates as requested by Energas Company. THAT the rate increases requested by ED2 s- CO0paDy as set forth in its Statement of Intent filed with the City Secretary on July 31, 1981, be 59t for d public hearing before the City Council Of the City Of Lubbock sitting as d regulatory body and that such hearing shall U0NenCe on the 24th day Of September 1981, at l :3O O'clock P.M. _ BE IT FURTHER ORDERED that d copy of this Order be served by certified mail return receipt requested to Energds Company, P.O. 80: 40, Amarillo, Texas 79I89, by the City Passed by the City Council this 13th day of August , 1981. ATTEST: EY8|yD 6dffga, City Secretary -Treasurer APPROVED AS TO FORM: John C. Ross, Jr. John C. Ross, Jr., City Attorney Bill McAlister BILL McALISTER, MAYOR I� = 58] AUG 131g81 Recessing as the Regulatory Authority and r8CVDYeDiDg as the City Council, the following items Of business were concluded: 81-40A-581-786 Consider settingtime and date for oUbl1C hearing on FY 1981-82 bUdget- (47) The motion was made by COuDCilwU0dD Baker, 32C0Dded by C0UDCil0DD AdertUn to hold d public hearing OD August 27, 1981 at 1:45 p.0 to consider the 1981-82 budget. Motion carried: Mayor McAlister, Mayor Pro Te0 Henry, Councilmen Brown and Adert0D and C0VDCilw00dD Baker voting Yea; DUDe YOtiDq Nay. 81-40A-581-787 Bid No. 6432 for 0iSC�lldD��US water items /48\ Items l-q, incl., 12 The R0hdD Company, Waco, Texas Item 10 [ & C MUDfCfpdl Supply, Lubbock, Texas Item ll : Western Industrial Supply, Amarillo, Texas 814�� 8l 7�8 Bid No. 5435 for standard manhole lids and rings _ _ _ rl�gs (49) LOW Bidder Taylor Foundry Company, Wichita Falls, T2Xd5 /$6,875.00\ Ol �O� ��l 7�Q Bid No.6439 for fire fighting - - - Tl�i7�V}�.V' Dept.). Low Bidder : Fire Protection Services, Dallas, Texas 81-40A-581-790 Bid No. 6443 for light fixtures for t8DDi5 court, 82nd and Memphis /51\ ___________�_____ Low Bidder MU3CO Sports Lighting C/0 Birdsong Products, Arlington, Texas /$11,583,00\ 81�� 79l Bid N0 6402 for distribution t�dDSfUr0�r repair - - - �y�� »�r, U 3 b Items 1-71, iDCl.,73,83,87, 89,91,101,105 : Transformer Repair Company, Lubbock, Texas Items 72,74-82,iDCl.,84-86,iDcl., 881,90,92-100,iDCl.,102-104,iOCl., 106,107 San Angelo Electric Supply Company, 5dD Angelo, Texas Director of Purchasing Floyd Nesbitt indicated that all the dbOV8 were low bids, and met specifications. The 00tiOD was made by CUUOCilmdD Brown, 5eC0Dd8d by COUOcilwO0dD Baker to approve Bid Nos. 6432, 6435, 6439, 6443 and 6402, Motion carried: Mayor McAlister, Mayor Pro Te0 Henry, Councilmen Brown and Ad8rtOn and Councilwoman Baker voting Yea; DoD8 voting Nay. | 81-40A-58l-782 Consider two appointments to theAIRPORT The terms of Toby Foster (53) ------ -------------------' Toby Foster 6805 Norfolk /23\ 797-3929 762-326l Dr. H8eDdD JOhDSOD 1620 AVeDU2 F /03\ 763-5248 2802 Walnut (03) 762-2525 (Res) Both reappointed for 3-year terms, said terms to expire 8/10/84 81-40A-582-793 Consider one appointment to the CEMETERY BOARDto fill the unexpired term of William 0. /54\ Linn, deceased 04r. Blake declined his . ThiS t�r0 expires l _________________ Bob Hassell 12111-2-8 UDiVersitv/0l\ 762-1920 To fill the unexpired term of Wm. 0. Linn, term expiring 1/8/86 81-40A-587-794 Consider two appointments to PUBLIC RESPONSIBILITY COMMITTEE, MHMR, The terms Of Mrs. /��) i' ` / ��L��^ !| Mrs. G|2DD Barnett 4606 - 18th (07) 792-6309 Reappointed for one-year term, said term expiring 8/31/82 The motion was 0dd8 by Councilwoman Baker, seconded by Mayor Pro Te0 Henry to approve the above referenced board appointments. Motion carried: Mayor McAlister, Mayor Pro T8N Henry, Councilmen Brown and Adert0n and C0UDCilwU0dO Baker voting Yea; none voting Nay. The Regular City Council Meeting was recessed at 1:45 p.0. to complete Work Session discussion. Upon reconvening at 4:10 p.m., there being no further business, the D0ti0D was made by CUUDCilw00dO Baker, seconded by Mayor Pro T80 Henry to dd'OUrD. Motion carried: Mayor McAlister, Mayor Pro T80 Henry, C0UDCilm2D Brown and AdertOD and C0UOCilw00dn Baker voting Yea; OODe voting Nay. ATTEST: READ AND APPROVED THIS 27TH DAY OF AUGUST, 1981. BILL-M�_ALISTER, MAYOR ATTEST: