HomeMy WebLinkAboutMinutes - City Council - Regular - 3/11/1982gamm
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CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
March 11, 1982
At 8:32 a.m., Mayor McAlister announced an Executive Session would be
held to consider pending litigation, land acquisition, and personnel matters.
This is in accordance with Article 6252-17, V.A.T.S.
The City Council of Lubbock, Texas met for its regular meeting Thursday,
March 11, 1982, at 9:30 a.m., in the City Council Chambers, Second Floor,
City Hall.
Those present:
Mayor 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.
82-41-917-1393 The invocation was given by Jim Weston, Director of Community Facilities.
( 1)
82-41-917-1394 Pledge of Allegiance to the Flag was given in unison by those present
( 2) in the Council Chambers.
82-41-917-1395 Approval of minutes Regular Meeting, February 25, 1982.
( 3)
The motion was made by Councilman Aderton, seconded by Councilman
Brown to approve the minutes of February 25, 1982, as submitted.
Motion carried: 5 Yeas; 0 Nays.
82-41-917-1396 Board Appointments
( 4)
Mayor McAlister presented Board Appointment Certificates to:
Jack Sebastian - Civil Service Commission
David Garza - Zoning Board of Adjustment
Proclamations
The Council assisted Mayor McAlister in issuing the following
Proclamations:
82-41-917-1397 "Rodeo Month" - (Mayor Pro Tem Alan Henry) - The Rodeo Queen
5) Julie Johnson was present.
Receiving - Mike McCasland
82-41-917-1398 "Professional Social Work Month" - (Councilwoman Baker)
( 6) Receiving - Inez Baucum
82-41-917-1399 "Hispanic Women" - (Mayor McAlister)
7) Receiving -Tavita Dorrow
Ester Sepeda
Olga Riojas
Maria Rangel
82-41-917-1400 "Agriculture Week" - (Mayor McAlister)
8) Receiving - Alton Brazell, Food & Fiber President
Arnold Maeker, Food & Fiber Past -President
Wayne Cure, Texas Department of Agriculture District
Supervisor
Alan Henry, Food & Fiber Treasurer
John Anderson, Food & Fiber Director
82-41-917-1401 "Poison Prevention Week" - (Councilman Aderton)
( 9) Receiving, James Cave
82-41-917-1402 "Campfire Birthday Week" - (Mayor McAlister)
(10) Receiving - Marilyn Barnes, Leader
Melinda Hedgcoth, Assistant Leader
Becky McPherson
Gina Ross
Sue Young
13 Campfire Members
"Employ the Older Worker Week" - (Councilman Brown)
Receiving - Edward S. Marlowe
82-41-918-1403B "Help Youn America Days" - (Mayor McAlister)
(10B) Receiving - Jan Taylor
Shirley Jerden
3 - Girl Scout Members
3 - Camp Fire Members
82-41-918-1404
(11)
82-41-918-1405
(12)
*NOTE: No site plan
submitted to the
office of the City
Secretary
A representative of the Lubbock State School will appear to present
the Animal Shelter with a sculpture.
Mr. Williams, from the State School along with Mr. Kenneth Wright
who created the sculpture, and other volunteers presented this
metal sculpture to Animal Control Supervisor, Tom Trombly, and to
Ted Barron for their support in clearing the area of a wild pack
of dogs. The grounds of the School are frequently used for Day
Camp and other outdoor activities and the presence of the wild
animals created a hazard for their guests and for the students
residing at the school.
Ordinance No. 8296 - Zone Case 2350
An ordinance changing Lots 1 through 8, South College Addition
from R-1 and R-2.to AM zoning, subject to the following condition
a. That it be tied to the site plan as presented.
SMH:mck
ORDINANCE NO.8296
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.
2350; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY
CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
82-41-918-1406 Ordinance No. 8297 - Zone Case 1875-H
(13)
*NOTE: No site plan An ordinance changing part of Lot 2, Commander's Addition from
submitted to the R-1 Special Use to A-2 zoning, subject to the following condition:
office of the City a. That it be limited to church and church -related uses.
Secretary
SMH:mck ORDINANCE NO. 8297
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.
1875-H; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY
CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
82-41-918-1407 Ordinance No. 8298 - Zone Case 2356
*NOTE: N o site plan
An ordinance changing Lot 11, Block 5, McLartyls Circle View
—
submitted to the Addition from R-1 to A-2 zoning, subject to the following
office of the City condition:
Secretary a. That it be limited to day care facility.
SMH:mck
ORDINANCE NO. 8298
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.
2356; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY
CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
82-41-918-1408 Ordinance No. 8300
(15)
*Amends Ord. 8235 An ordinance amending Ordinance 8235 adopting budget for fiscal
Tea�r-1981-82, providing funds to sewer capital project fund for
improvement.
JCR:mck ORDINANCE NO. 8300
AN ORDINANCE AMENDING ORDINANCE NO. 8235, ADOPTING A BUDGET FOR FISCAL
YEAR 1981-82; PROVIDING FOR THE ADDITION OF FUNDS TO THE SEWER CAPITAL PROJECT
FUND FOR FISCAL YEAR 1981-1982, AND APPROPRIATING SAME.
919
ZMERM
7k
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F-i
82-41-919-1409 Ordinance No. 8295
(16)
An ordinance abandoning and closing a portion of easement in
Section 6, Block E, Lubbock County, Texas.
JWF:da ORDINANCE NO. 8295
AN ORDINANCE ABANDONING AND CLOSING A UTILITY EASEMENT LOCATED IN SECTION
6, BLOCK E, LUBBOCK COUNTY, TEXAS AND MORE PARTICULARLY DESCRIBED HEREINAFTER
IN THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF
THE CITY TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION.
The motion was made by Councilwoman Baker, seconded by Councilman
Brown to approve Ordinance 8296, 8297,8298, 8300 and 8295 on
second and final reading. MOtion carried: 5 Yeas; 0 Nays.
82-41-919-1410 Consider the price and conditions of sale of Parcel #5B-18 8C
(22) in the Lubbock NDP 'Ur —ban Renewal Area.
Parcel Redeveloper Price Redevelopment
5B-18-8C Anna J. D'Elia $1,525.00 Single family Residence
The motion was made by Councilman Brown and Seconded by Councilwoman Baker
to approve the price and conditions of sale for Parcel 5B-18-8C.
Motion carried: 5 Yeas; 0 Nays.
82-41-919-1411 Consider a resolution adopting a uniform monitoring policy for outside
(23) agencies receiving Community Development funds.
Resolution No. 1042
The Council was apprised that the City has been required by HUD as a
result of their recent annual monitoring visit, to monitor outside
agencies that receive CD Funds in the same manner that the City is
monitored by HUD. In the event that an outside agency were to spend
CD Funds improperly, the City as grantee, would be responsible for
reimbursing HUD. It was the recommendation of HUD that since the City
does not have any formal monitoring plan for outside agencies, this was
stated as one of the major defects in their report. In response to
Council query, each agency would receive an individual audit performed
by CD and Internal Auditing staff, the auditing to be conducted at
least quarterly which would allow for any correction of adverse findings,
if any. It was the the feeling of the Council that if the City accepts
these monies, then the City should accept the responsibility for auditing
the various agencies.
The motion was made by Councilman Brown, seconded by Councilwoman Baker to
pass Resolution 1042 adopting a uniform monitoring policy for outside
agencies receiving CD funds. Motion carried: 5 Yeas; 0 Nays.
SHM:da
RESOLUTION 1042
A RESOLUTION ADOPTING A UNIFORM MONITORING PROGRAM FOR ALL THIRD PARTY
OPERATING AGENCIES WHICH RECEIVE MONEY THROUGH THE CITY OF LUBBOCK'S COMMUNITY
DEVELOPMENT PROGRAM.
WHEREAS, the City of Lubbock receives funding for Community Development
projects through the Department of Housing and Urban Development; and
WHEREAS, the City of Lubbock is responsible for the use of these funds
which must comply with Federal Regulations 24CFR, Federal Circular 74-4, and
OMB Circular A-102; and
WHEREAS, the City of Lubbock is responsible for the compliance of Third
Party Agencies that are subject to these regulations; and
WHEREAS, the City of Lubbock has been directed by the Department of HUD
to develop a system to evaluate the activities of Third Party Operating Agen-
cies receiving Community Development Funding.
920
MAR 111982
IT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Scope of Third Party Operating Agency Monitoring Program, which
is attached hereto and made a part hereof, BE and is hereby approved and
adopted as policy and procedure of the City of Lubbock to be utilized at least
quarterly in reviewing all Third Party Operating Agencies receiving funds from
the City of Lubbock Community Development Program.
Passed by the City Council this 11th day of _ March
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Richard Mays
Richard Mays, Community Development
Coordinator
APPROVED AS TO FORM:
/S/ Susan M. Horton
Susan M. Horton, Asst. City Attorney
82-41-920-1412 Consider authorization of "Notice to Bidders" for proposed street
(24) improvements on east one-half of Frankford Avenue from 19th Street
north to Loop 289.
1982.
Resthaven Funeral Home and Cemetery own all the property abutting
these proposed improvements on Frankford Avenue from 19th Street
to north Loop 289. The west half of Frankford is paved from 16th
Street to 19th and is now under construction by Petro -Lewis Co.
The representatives of Resthaven are interested in having the east half
paved and are willing to contribute a portion of the cost of construction.
Frankford is a collector street 46 feet wide, the east half involving
23 feet. All of the east side of the unpaved portion is zoned R-1, and,
under existing City policies, the City will participate in the cost of
a collector street for the width of 16 feet on residential zoned,
residential used or undeveloped property.
The arrangement entered into with Resthaven includes the following:
1. The City would contribute engineering services for the
project.
2. The City would participate in the paving cost of 5 feet of
the paving width for the entire length of Frankford. Resthaven
would pay for all curb and gutter cost (100%) and 16 feet of
the paving width cost (76.2%).
3. The City would allow Resthaven to pay their share in six
installments over a five year period at 6% interest on the
unpaid balance per year.
4. Resthaven would dedicate 20 feet of the ROW on the east side
of Frankford.
5. Resthaven would execute a paving agreement outlining the method
of paving their portion of the paving cost.
6. Resthaven would execute a Mechanic's Lien in favor of the City
receiving payments of their cost. Resthaven is required to
execute the right-of-way dedication deed, the paving agreement
and the mechanic's lein before the bid is awarded by the City.
The estimated cost are as follows:
Construction Cost $49,681.63
6% Engineering Cost 2,980.90
TOTAL COST $52,662.53
MAR 111982 921
82-41-921-1413
(25)
*Gas Line Land
Use Permit Agreement
file w/orig. Reso.
City Cost:
5' Width $ 8,466.49
6% Engineering Cost 2,980.90
TOTAL CITY COST $11,447.39
Resthaven Cost
Total Project Cost $52,662.53
Less City Cost 11,447.39
RESTHAVEN COST $41,215.14
The City's portion of the above cost will be funded from Revenue
Sharing.
The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem
Henry to authorize the Notice to Bidders for the above referenced
Street improvements. Motion carried: 5 Yeas; 0 Nays.
Consider a resolution authoriziing the Mayor to execute a Gas Line
Land Use Permit Agreement with the Texas Department of Mental Health
and Retardation.
Resolution No. 1044
Lubbock State School wishes to construct and maintain an underground
natural gas line, to be buried 36 inches below the surface, and to
tie into the main gas line owned by Energas. The School needs this to
heat a building donated by the Kiwanis Club. The agreement stipulates
that if the City needs the line removed, the State School will remove
it at its own expense. The agreement shall be on a year to year basis,
not to exceed 20 years.
Motion was made by Councilman Brown, seconded by Councilman Aderton to
pass Resolution 1044 authorizing the gas line land use permit agreement
to Lubbock State School. Motion carried: 5 Yeas; 0 Nays.
JWF: J s
RESOLUTION No. 1044
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed
to execute for and on behalf of the said City of Lubbock a Gas Line Land Use
Permit Agreement to be entered into by and between said City of Lubbock and
the Texas Department of Mental Health and Mental Retardation, attached here-
with which shall be spead 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 11th day of March
ISI Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Tom Nivens
Tom Nivens, Right -of -Way Agent
APPROVED AS TO FORM:
/S/ J. Worth Fullingim
J. Worth Fullingim, Asst. City Attorney
82-41-922-1414 Consider a resolution authorizing the City to make a formal offer
(26) for Tract 2 , Rice Tracts.
Resolution No. 1045
This property is owned by Southwestern Public Service Co.,
consisting of approximately 9,385 square feet and is appraised
at $1,220.
JWF:mck
RESOLUTION No. 1045
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in
Lubbock County, Texas, has determined and does hereby determine the public
needs, safety, health and welfare demands and creates a public necessity for
the acquisition of land for municipal public uses and municipal public purposes,
to -wit: for the construction and maintenance of a day care center for children
of low income parents of the City of Lubbock and operation of such day care
facility, fee simple title to be acquired by said City to accomplish such
purposes and this City Council of said City finds it to be to the best public
interest and for public purposes and municipal purposes to proceed with the
acquisition of lands as needed for such uses and purposes as aforesaid; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT fee simple title to the following described real
estate located in Lubbock County, Texas, be acquired for public purposes and
municipal purposes as set forth in the preamble hereof, to -wit:
Tract 2 of the Rice Tracts, City of Lubbock, Lubbock County, Texas, and
being a part of Section 17, Block A, Lubbock County, Texas, described by
metes and bounds as follows:
BEGINNING at the Southwest corner of the East 1/2 of Section 17, Block
A, Lubbock County, Texas;
THENCE East 1043.4 feet for the BEGINNING corner of this tract;
THENCE North 208..7 feet to a point;
THENCE East 52.1 3/4 feet to a point;
THENCE South 208.7 feet to a point;
THENCE West 52.1 3/4 feet to the PLACE OF BEGINNING.
SAVE AND EXCEPT the South 25 feet thereof; heretofore, dedicated for
street purposes, as set forth in Right -of -Way Deed dated November 6,
1947, recorded in Volume 1194, Page 21, Deed Records of Lubbock County,
Texas, and being described by metes and bounds as follows:
BEGINNING at a point which is 15.0 feet South of the Southeast corner of
Lot 2, Block 2, Burleson -Osborn Heights, an Addition to the City of
Lubbock, Lubbock County, Texas;
THENCE South along the West line of an alley a distance of 20.0 feet;
THENCE North 45' West a distance of 28.28 feet to a point in the South
line of an alley;
THENCE East along the South line of an alley a distance of 20.0 feet to
the PLACE OF BEGINNING.
SECTION 2. THAT the City Council of the City of Lubbock hereby
determines pursuant to Subdivision 15, Article 1175, V.A.C.S., that the
acquisition of said land for a day care center facility for the children of
low income parents of the City of Lubbock in connection with and in cooperation
with the Community Development Program and Fund of the United States Government
is a municipal purpose and it is hereby deemed advisable to proceed with the
acquisition of the fee simple title to said land by purchase (or condemnation
if necessary) for such uses and purposes as aforesaid.
SECTION 3. THAT the owners of said land including Southwestern ,
Public Service Company BE offered through the Right -of -Way Department of the
City of Lubbock the amount of $1,220.00 which is the amount appraised as the
value and total damages for the fee simple title and acquisition of said real
•
923
82-41-923-1415
(27)
*Reso 1080(4/22/82)
amends Reso. 1046,
correction of
legal description.
estate hereinabove described for the purposes herein stated, for the use and
benefit of the City of Lubbock, located in Lubbock County, Texas, and unless
accepted forthwith the City Attorney of said City of Lubbock is hereby author-
ized and instructed to institute condemnation (eminent domain) proceedings to
acquire the fee simple title to said land as hereinabove described for public
purposes and municipal purposes as set forth in the preamble hereof.
Passed by the City Council this 11th day of
ATTEST:
March
/S/ Bill McAlister
BILL McALISTER, MAYOR
/S/ Evelyn Gaffga
Evelyn Gaffg4, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Tom Nivens
Tom Nivens, Right of Way Agent
APPROVED AS TO FORM:
/S/ J. Worth Fullingim
J. Worth Fullingim, Assistant City Attorney
Consider a resolution authorizing the City to make a formal offer
for the east 70' of Tract 3 . Rice Tracts.
Resolution No. 1046
The east 70 feet of Tract3, Rice Tracts, is owned by Mary
Neel Pender and Jo C. Post, consisting of 12,859 square feet
and appraised for a total of $1,800.
JWF: da
RESOLUTION No. 1046
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in
Lubbock County, Texas, has determined and does hereby determine the public
needs, safety, health and welfare demands and creates a public necessity for
the acquisition of land for municipal public uses and municipal public purposes,
to -wit: for the construction and maintenance of a day care center for children
of low income parents of the City of Lubbock and operation of such day care
facility, fee simple title to be acquired by said City to accomplish such
purposes and this City Council of said City finds it to the best public in-
terest and for public purposes and municipal purposes to proceed with the
acquisition of lands as needed for such uses and purposes as aforesaid; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title to the following described real
estate located in Lubbock County, Texas, be acquired for public purposes and
municipal purposes as set forth in the preamble hereof, to -wit:
For the East 70 feet of Tract 3, Rice Tracts, City of Lubbock, Lubbock
County, Texas, and being further described as follows:
BEGINNING at the Southwest corner of the East 1/2 of Section 17, Block A,
Lubbock County, Texas;
THENCE North 25 feet to a point;
THENCE East 972.9 feet to a point for the Southwest and BEGINNING corner
of this tract, and being also the Southeast corner of a tract of land
conveyed to Dr. Sam G. Dunn by W. K. Johnston by Deed dated November 16,
1949, and now of record in Volume 397, Page 355, Deed Records of Lubbock
County, Texas;
THENCE East a distance of 70.5 feet to a point for the Southeast corner of
this tract;
THENCE North a distance of 183.7 feet to a point of the Northeast corner
of this tract;
THENCE West a distance of 70.5 feet to a point for the Northwest corner of
this tract;
924 MAR 11 198Z
82-41-924-1416
(28)
*Reno. 1081(4/22/82)
amends Reso. 1047,
correction of
legal description.
THENCE South a distance of 183.7 feet to the PLACE OF BEGINNING.
SECTION 2. THAT the City Council of the City of Lubbock, hereby deter-
mines pursuant to Subdivision 15, Article 1175, V.A.C.S., that the acquisition
of said land for a day care center facility for the children of low income
parents of the City of Lubbock in connection with and in cooperation with the
Community Development Program and Fund of the United States Government is a
municipal purpose and it is hereby deemed advisable to proceed with the acquisi-
tion of the fee simple title to said land by purchase (or condemnation if
necessary) for such uses and purposes as aforesaid.
SECTION 3. THAT the owners of said land including MARY NELL PENDER
and JOE C. POST, BE offered through the Right -of -Way Department of the City of
Lubbock the amount of $1800.00 which is the amount appraised as the value and
total damages for the fee simple title and acquisition of said real estate
hereinabove described for the purposes herein stated, for the use and benefit
of the City of Lubbock, located in Lubbock County, Texas, and unless accepted
forthwith the City Attorney of said City of Lubbock is hereby authorized and
instructed to institute condemnation (eminent domain) proceedings to acquire
the fee simple title to said land as hereinabove described for public purposes
and municipal purposes as set forth in the preamble hereof.
Passed by the City Council this 11thday of March
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
ISI Tom Niven
Tom Nivens, Right -of -Way Agent
APPROVED AS TO FORM:
ISI J. Worth Fullingim.
J. Worth Fullingim, Asst. City Attorney
Consider a resolution authorizing the City to make a formal offer
for the east 46' and the west 86' of Tract 3. Rice Tracts.
Resolution No. 1047
The east 46 feet and the west 86 feet of Tract 3, Rice Tracts,
is owned by Billy E. Norris and 0. Goodwin Powell, consisting
of 15, 798.2 square feet and appraised at $2,210.
JWF:da
RESOLUTION No. 1047
1982.
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in
Lubbock County, Texas, has determined and does hereby determine the public
needs, safety, health and welfare demands and creates a public necessity for
the acquisition of land for municipal public uses and municipal public purposes,
to -wit: for the construction and maintenance of a day care center for children
of low income parents of the City of Lubbock and operation of such day care
facility, fee simple title to be acquired by said City to accomplish such
purposes and this City Council of said City finds it to the best public in-
terest and for public purposes and municipal purposes to proceed with the
acquisition of lands as. needed for such uses and purposes as aforesaid; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title to the following described real
estate located in Lubbock County, Texas, be acquired for public purposes and
municipal purposes as set forth in the preamble hereof, to -wit:
MAR 1 i 198Z
�7
The East 46 feet of the West 86 feet of Tract 3, Rice Tracts, City of
Lubbock, Lubbock County, Texas, and being further described as follows:
BEGINNING 886.91 feet East and 25 feet North of the Southwest corner of
the East 1/2 of Section 17, Block A, Lubbock County, Texas;
THENCE North 183.7 feet;
THENCE East 86 feet;
THENCE South 183.7 feet;
THENCE West 86 feet to the PLACE OF BEGINNING.
SECTION 2. THAT the City Council of the City of Lubbock, hereby deter-
mines pursuant to Subdivision 15, Article 1175, V.A.C.S., that the acquisition
of said land for a day care center facility for the children of low income
parents of the City of Lubbock in connection with and in cooperation with the
Community Development Program and Fund of the United States Government is a
municipal purpose and it is hereby deemed advisable to proceed with the acquisi-
tion of the fee simple title to said land by purchase (or condemnation if
necessary) for such uses and purposes as aforesaid.
SECTION 3. THAT the owners of said land including BILLY E. NORRIS and
0. GOODWIN POWELL, BE offered through the Right -of -Way Department of the City
of Lubbock the amount of $2210.00 which is the amount appraised as the value
and total damages for the fee simple title and acquisition of said real estate
hereinabove described for the purposes herein stated, for the use and benefit
of the City of Lubbock, located in Lubbock County, Texas, and unless accepted
forthwith the City Attorney of said City of Lubbock is hereby authorized and
instructed to institute condemnation (eminent domain) proceedings to acquire
the fee simple title to said land as hereinabove described for public purposes
and municipal purposes as set forth in the preamble hereof.
Passed by the City Council this 11th day of
ATTEST:
March
ISI Bill McAlister
BILL McALISTER, MAYOR
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
ISI Tom Nivens
Tom Nivens, Right -of -Way Agent
/S/ J. Worth Fullingim
J. Worth Fullingim, Asst. City Attorney
82-41-925-1417 Consider a resolution authorizing the City to make a formal offer
(29) for the east 56' of Tract 4 - Rice Tracts.
. 1982.
*Reso. 1082(4/22/82) Resolution No. 1048 ,
amends Reso. 1048, correction of The east 56 feet of Tract 4 is owned by Rosalee Clark, consisting
legal description. of 10,379 feet and appraised at $1,450.
These parcels are needed for the construction of a Day Care Center
in the Arnett Benson area, a Community Development Project, and
are located on Erskine Street.
The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman
Baker to pass Resolution 1045, Resolution 1046, Resolution 1047 and
Resolution 1048, each authorizing that a formal offer be made for
purchase. Motion carried: 5 Yeas; 0 Nays.
926
JWF:mck
RESOLUTION No. 1048
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in
Lubbock County, Texas, has determined and does hereby determine the public
needs, safety, health and welfare demands and creates a public necessity for
the acquisition of land for municipal public uses and municipal public purposes,
to -wit: for the construction and maintenance of a day care center for children
of low income parents of the City of Lubbock and operation of such day care
facility, fee simple title to be acquired by said City to accomplish such
purposes and this City Council of said City finds it to be to the best public
interest and for public purposes and municipal purposes to proceed with the
acquisition of lands as needed for such uses and purposes as aforesaid; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT fee simple title to the following described real
estate located in Lubbock County, Texas, be acquired for public purposes and
municipal purposes as set forth in the preamble hereof, to -wit:
The East 56 feet of Tract 4, Rice Tracts, City of Lubbock, Lubbock
County, Texas and being further described by metes and bounds as follows:
BEGINNING at a point 730.4 feet East and 20 feet North of the Southwest
corner of the Southeast one-fourth (SE/4) of Section No. 17, Block A;
THENCE North 188.7 feet;
THENCE East 100 feet for the Northwest corner and beginning corner of
this tract;
THENCE East 56.5 feet to a point for the Northeast corner of this tract;
THENCE South 188.7 feet to a point for the Southeast corner of this
tract;
THENCE West 56.5 feet to a point for the Southwest corner of this tract;
THENCE North 188.7 feet to the PLACE OF BEGINNING.
SAVE AND EXCEPT the South 5 feet thereof, heretofore, dedicated for
street purposes, as set forth in Right -of -Way Deed dated November 6,
1947, recorded in Volume 384, Page 16, Deed Records of Lubbock County,
Texas.
SECTION 2. THAT the City Council of the City of Lubbock hereby
determines pursuant to Subdivision 15, Article 1175, V.A.C.S., that the
acquisition of said land for a day care center facility for the children of
low income parents of the City of Lubbock in connection with and in cooperation
with the Community Development Program and Fund of the United States Government
is a municipal purpose and it is hereby deemed advisable to proceed with the
acquisition of the fee simple title to said land by purchase (or condemnation
if necessary) for such uses and purposes as aforesaid.
SECTION 3. THAT the owners of said land including Rosalee Clark, BE
offered through the Right -of -Way Department of the City of Lubbock the amount
of $1,450.00 which is the amount appraised as the value and total damages for
the fee simple title and acquisition of said real estate hereinabove described
for the purposes herein stated, for the use and benefit of the City of Lubbock,
located in Lubbock County, Texas, and unless accepted forthwith the City
Attorney of said City of Lubbock is hereby authorized and instructed to
institute condemnation (eminent domain) proceedings to acquire the fee simple
title to said land as hereinabove described for public purposes and municipal
purposes as set forth in the preamble hereof.
Passed by the City Council this lith day of March , 1982.
jqj Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S.1 Rupl)M C-AffgA
Evelyn Gaffga, 'City Secretary -Treasurer
APPROVED AS TO CONTENT:
/91 Tom Nivpns
Tom Nivens, Right of Way Agent
R I a 9 TI-011 a M FIX W I to] a a 11iffil
/q/ I Worth F1111 -i n g-im
j.'Worth Fullingim, Assistant City Attorney
927
Fj
82-41-927-1418
(30)
82-41-927-1419
(31)
82-41-927-1420
(32)
X Lease in folder
Ordinance No. 8301
Consider an Ordinance to abandon and close a portion of an alley in the
Westhaven Addition.
This ordinance closes a portion of an alley north of 4th Street and east
of Indiana, to be replatted for a proposed shopping center. The proponent
(.Chess, 2005 Broadway) has deposited with the City the purchase sum of
$5, 837.50.
JWF:da
ORDINANCE NO. 8301
AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF ALLEY: A
PORTION OF ALLEY ADJACENT TO BLOCKS 10 AND 11, WESTHAVEN ADDITION TO THE CITY
OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY
OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE
CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN ALLEY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Ordinance No. 8302
Consider an ordinance to abandon and close a portion of an alley
out of Section 15, Block A.
This proposed closure is for an alley located just north of Loop 289 and
east of Highway 87, to be replatted for development. The total sum is
$632.00 (Pharr travel rentals, 1702 Clovis Road) has been deposited with
the City.
The motion was made by Councilwoman Baker, seconded by Councilman Aderton
to pass Ordinance 8301 and 8302 on first reading. Motion carried:
5 Yeas; 0 Nays.
JWF:mck.
ORDINANCE NO. 8302
AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF ALLEY: A
PORTION OF ALLEY LOCATED IN SECTION 15, BLOCK A, LUBBOCK COUNTY, TEXAS
WITHIN THE LIMITS OF THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE
PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY
ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE
CLOSING AND ABANDONMENT OF THAT CERTAIN ALLEY PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Consider a resolution authorizing the Mayor to execute an oil and gas
lease for the City's royalty rights in Section 17 , Block D-5
Resolution No. 1049
Mobile Oil Producers of Texas and New Mexico would like to lease the City's
portion of the mineral rights located on four small tracts out of Section 17,
Block D-5, which is located near Shallowater and is used as a microwave
station and reservoir site. The land consists of 24.036 acres, of which
the City owns 1/4 of the mineral rights.
The terms of the lease are:
1. $75.00 an acre bonus money
2. $1 an acre delayed rental
3. 3/16 royalty rights
4. 3 year lease
The lease contains a non drilling provision which would protect the
reservoir and the microwave site. Mobile Oil has deposited with the
City a check for $462.70 to cover the delayed rental and bonus money
for 2 years.
The motion was made by Councilman Brown, seconded by Councilwoman Baker
to pass Resolution 1049 authorizing the above referenced oil and gas
lease. Motion carried: 5 Yeas; 0 Nays.
W-V
82-41-928-1421
(33)
*See Reso. 749
(3/12/81) for
original contract
issued.
SMH:mck
RESOLUTION No.1049
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock an oil
and gas lease between the City of Lubbock and Mobil Producing Texas and
New Mexico, Inc., attached herewith which shall be spread upon the minutes
of the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein in
detail.
Passed by the Council this 11th day of
ATTEST:
March , 1982.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ISI Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Denzel Percifull
Denzel Percifull, Director of Public Services
APPROVED AS TO FORM:
ISI Susan M. Horton
Susan M. Horton, Assistant City Attorney
Consider accepting the cleaning and painting of the elevated storage
tank at 35th Street and Avenue W, and authorize final payment to the
The staff has been assured that all claims have been settled by
Luptons Painting Co. and all work has been completed. The original
contract was in the amount of $68,900; $9,600 is for liquidated
damages and has been withheld for final payment of $6,890.
The motion was made by Councilman Aderton, seconded by Councilman
Brown to accept the above referenced work and authorize the final
payment to Luptons Painting Co. in the amount of $6,890. Motion
carried: 5 Yeas; 0 Nays.
82-41-928-1422
Consider Bid
#6699 for safety equipment
(Elec. Distrib.)
(34)
Item No.
1,2,3,4,5
Nelson Electric Supply
6,7,8,9
Co. Lubbock, TX
82-41-928-1423
Consider Bid
#6710 for mowing equipment
(Parks Dept. --Cemetery).
(35)
Item No.
1,2
Goldthwaite's of Texas
Dallas, TX.
Item No. 3 Colonial Motor Co.
Dallas, TX.
82-41-928-1424 Consider Bid #6707 for Cemetery equipment (Parks Dept. --Cemetery).
(36)
Item No. 1,2 Berco Funeral Products
Memphis, Tenn.
Item No. 3,4,5
Puckett Supply Co. Inc.
Greensboro, N.C..
82-41-928-1425 Consider Bid #6740 for fertilizer (Parks - Golf - Cemetery)
(37)
Item No. 1,2,3
Tide Products
Farwell, TX.
82-41-928-1426 Consider Bid #6717 for gasoline, to establish price for a period
(38) of one year (Garage).
Item No. 1,2 Benton Oil Company
Lubbock, TX. ($974,650.00)
929
ME=
In response to Council query, Director of Purchasing, Floyd Nesbitt
responded that the procedure for taking Bids on gasoline was for the
purpose of establishing a price for the entire year; that this procedure
was discontinued some years back when the Federal Government embarked
upon an allocation plan and that it is now necessary to consider this
matter under the former procedure again. He indicated that the Bid price
was 5 cents per gallon cheaper than on the open market basis.
82-41-929-1427
Consider
Bid
#6716 for
pavement marking material
(Traffic Eng.).
(39)
Low
Bidder
Southwestern Materials
Austin, TX. ($7,754.00)
82-41-929-1428
Consider
Bid
#6695 for
electric items (warehouse
stock).
(40)
Item
No.
1,2,3
Temple, Inc.
Lubbbock, TX.
Item
No.
4 & 8
Fields & Co.
Lubbock, TX.
Item
No.
7
Nunn Electric Supply
Corp. Lubbock, TX.
Item
No.
5,6,9
General Electric Supply Co.
Lubbock, TX.
82-41-929-1429
Consider
Bid
#6701 for
electric items (warehouse
stock).
(41)
Item
No.
1,2,4,6,9
Nunn Electric Supply Co.
Lubbock, TX.
Item
No.
10, 12
Temple, Inc.
Lubbock, TX.
Item
No.
3 & 5
Fields & Company
Lubbock, TX.
Item
No.
7 & 11
General Electric Supply Co.
Lubbock, TX.
Item
No.
13
Westinghouse Electric Supply
Co., Lubbock, TX.
Item
NO.
14,15
Nunn Electric Supply Corp.
Lubbock, TX.
Item
No.
17
Temple, Inc.
Lubbock, TX
Item
No.
16
General Electric Supply Co.
Lubbock, TX.
Item
No.
8
Deleted
82-41-929-1430 Consider Bid #6712 for water pipe fittings (warehouse stock).
(42)
Item No. 1 Trans -Tex Supply Co.
Odessa, TX.
Item
No.
2,3,4,5,6
M.B. McKee Co.
Lubbock, TX.
82-41-929-1431 Consider
Bid
#6713 for fire hydrants & valves
(Warehouse stock).
L _J
(43)
Item.
No.
1,2,3,4,5,6,
M.B. McKee Co.
7,9,10,11
Lubbock, TX.
Item
No.
8
Western Industrial Supply
Co., Amarillo, TX.
Item
No.
12
The Rohan Co.
Waco, TX.
Item
No.
13
M.B. McKee Co.
Lubbock, TX.
930
82-41-930-1432 Consider Bid #6731 for copper wire (Warehouse stock).
(44)
This Item was Deleted.
82-41-930-1433 Consider Bid #6726 for water meter boxes (Warehouse stock).
(45)
Item No.1 C & C Municipal Supply
Lubbock, TX.
Item No.2 Western Industrial Supply
Co., Amarillo, TX.
82-41-930-1434 Consider Bid #6727 for water fittings (Water utilities).
(46)
Item No.1 C & C Municipal Supply
Lubbock, TX. ($11,341.43)
Director of Purchasing Floyd Nesbitt indicated that all Bids reflected
were low bids and met specifications.
The motion was made by Councilman Brown, seconded by Councilwoman Baker
to award Bid # 6699, 6710, 6707, 6740, 6717, 6716, 6695, 6701, 6712, 6713,
6726 and 6727. Motion carried: 5 Yeas; 0 Nays.
The Council recessed and upon reconvening at 11:07 a.m., Mayor McAlister
indicated that a subject discussed in the Executive Session was an offer
for the City to purchase the Yellowhouse Canyon Water System; that the
Council discussed the offer and is interested in providing good, constant
service to the residents; and that the Council has authorized the City
Manager and the City Attorney to enter into final negotiations to
purchase the water system and to submit the appropriate documents for
consideration at the March 25, meeting.
82-41-930-1435 Hold a second public hearing on the 1982 Community Development Program
(17) Project and authorize application and related documents.
*Copy of Grant Resolution No. 1050
Application has not
been filed w/this In accordance with the Notice published in the Lubbock Avalanche -Journal
office at this time. a public hearing was held.
Appearances: Mr. Jim Bertram - Director of Planning
Christine Clark, Senior Citizen
Elmer Atkins, Senior Citizen
Jose Martinez, Arnett Benson Association
Joe Gonzales, PLEA(Posey Lakeside East Association)
Roland Stanley, St. Matthew Methodist Church
Willie Stuart, Yellowhouse Canyon resident
??, Resident of Jackson area
Trevito Darrow, President, Lubbock Economic group
Mr. Bertram apprised the Council of the proposed projects resulting from
the February 11th public hearing on the 1982 CD application, the list
which the Council by consensus indicated would be considered this
public hearing:
URA - Arnett Benson Revitalization
URA - Phyllis Wheatley Redevelopment
URA - Posey Revitalization
URA -Residential Rehabilitation
URA - Administration
Cherry Point Rehabilitation
Paint -up Program
Emergency Repair Program
Mae Simmons Senior Citizens Center
Renovation - Copper Rawlings Community Center
Mackenzie Softball - Renovation
Mackenzie Park Buildings - Water Lines
Hollins Park Upgrade
Land Acquisition - South Overton
511,650
347,000
92,900
418,450
227,100
75,000
10,000
15,000
192,000
39,500
78,000
18,000
15,000
105,000
931
im
F-i
Porta-Printer; Fire & Police Departments 1,400
Street Paving - East 19th Street 145,000
Residential Street Lighting 2,000
Yellowhouse Addition - Sewer 93,000
Code Enforcement 145,000
Intensified Code Enforcement 82,000
Intensified Code Enforcement - Morrow -Puckett
Addn. 10,000
CD Administration 97,000
Indirect Cost 50,000
Weatherization 35,000
Contingency - 8th Year 100,000
TOTAL $2,905,000
Mr. Atkins inquired as to how much the block grants would be curtailed
by the Federal government, to which Mr. Bertram responded that they
had already experienced the 15% cut and there possibly would be
additional cuts which would effect the high priority projects. Mrs.
Clark, Mr. Martinez, Mr. Gonzales, Mr. Stuart all expressed words of
appreciation to the Council for considering the projects listed above
that affected their residential area. Mr. Stanley inquired whether
or not there would be any funds for excessive utility bills for some
of the low income people, to which the Mayor and City Manager Larry
Cunningham responded that there were limited funds available through
Community Services and he would need to contact Mr. Eliseo Solis, the
coordinator of these funds.
The citizens from the Jackson area indicated there should be stronger
code enforcement and that the property owners should maintain the
property according to the City standards and not place an unnecessary
burden on the renter,and with stronger code enforcements, these problems
could be resolved to a certain extent. Ms. Darrow indicated that all
of the testimony at this particular public hearing emphasized the
importance of housing rehabilitation and renovation and that she requested
that the amount designated for parks and recreation should be reallocated
and funded from another source and appropriate these monies to further
housing rehabilitation in the areas that have great need; that she
acknowledged the importance of parks in the areas, but those with
substandard housing and in low income areas placed greater importance
on their housing facilities than on the park facilities in their area.
There being no further testimony or discussion, the hearing was closed
at 11:30 a.m.
Upon recovening at 3:30 p.m. after considering the testimony further,
the motion was made by Councilwoman Baker and seconded by Councilman
Aderton to authorize the 1982 CD Application as written, to include
related documents, and approving those proposed projects as itemized
above. Motion carried: 4 Yeas; 0 Nays - Mayor Pro Tem Alan Henry was
absent from the Council Chambers.
SMH:mck
RESOLUTION No. 1050
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Mayor of the City of Lubbock is hereby authorized
and directed to execute and submit for the City of Lubbock the Community
Development Block Grant Application and related documents, attached herewith,
which shall be spread upon the minutes of the City Council, and as spread upon
said minutes shall constitute a part hereof for all purposes.
Passed by City Council this
ATTEST:
ISI Evelyn Gaffga
11th day of March , 1982.
/S/ Bill McAlister
BILL McALISTER, MAYOR
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
ISI Richard Mays
Richard Mays, Community Development Coordinator
APPROVED AS TO FORM:
/S/ Susan M. Horton
Susan M. Horton, Assistant City Attorney
932
82-41-932-1436 Continue public hearing on the application of Sentry Oil Exploration
(18) Company for an Oil and Gas Drilling Permit, referred to as Haynesworth
#1 well site, bearing municipal street address of 3001 Mesa Road.
At the 8:30 work session, the Council was apprised of the state of the
request for a permit and that all amended exhibits and documentation
had been filed with the exception of the Performance Bond, which was
forthcoming.
The hearing was continued at 1:18 p.m. with the Mayor stating the format
that would be followed, to -wit: the Staff would give their report as requested
by the Council at the February 25th Public Hearing, followed by a testimony
by the proponent and the opponent in that order. However, the proponent
had asked to speak before the Staff gave their report.
Mr. Don Cummins, attorney on behalf of Sentry reported to the Council
that a well site had been changed from Lot 6 south to Lot 3 at the
request of Mr. Cotton.
A discussion then ensued as to what affect this would have to the notice
given to the adjacent property owners as required by the ordinance and it
was determined that there would be some involved who had not received
notice on the first publication and this would drastically affect the
circumstances and the hearing.
Mr. Cummins then moved to continue the hearing to a change of site
location and to allow time for the property owners involved in the re-
location of the well site to be notified. The discussion then ensued
with Mr. Bertram as to whether or not this does not change the face of
the application in its entirety, to which he responded he thought it
would; this opinion was concurred by Mr. Ross, the City Attorney.
Therefore the motion was made Councilwoman Baker seconded by Councilman
Brown that the permit be denied giving the proponent the opportunity
to file a new application if he so chooses. Motion carried: 5 Yeas; 0 Nays.
82-41-932-1437 Hold a public hearing on the application of Texland Petroleum, Inc. for
(20) an Oil and Gas Drilling Permit, referred to as L. Edwin Smith #3 well site
Pub's Affidavit bearing-.:muriicipal street address of 418' west of North Ridge Addition.
on pg. 932A In accordance with the notice published in the Avalanche -Journal on
February 10, 1982, a public hearing was held on this matter. The hearing
opened at 1:30 p.m.
Mr. Dub Bratcher, on behalf of Texland Petroleum, appeared to indicate
that all the required documentation had been filed with the City Secretary
and to his knowledge the application was in appropriate form. He indicated
that he would be glad to answer any questions.
Mr. Bertram had apprised the Council, as he did in work session, that some
of the deficiencies which the Staff questioned on this application, to the
effect that the individual acreages were not determined on the exhibits
filed by the applicant, although he had certified to their satisfaction
that he did have 50% control, and that the production unit did contain
40 acres. Another deficiency was that the certified mail receipts to non
unitized owners had not been filed with the City Secretary; this has since
been complied with. Another area of concern, although not a deficiency
per se, is that the Zoning Office had received numerous complaints about
dirt work being done at the site which was not in accordance with the
intent of the ordinance which specifically states that no ground preparation
or drilling would commence prior to the permit being issued. Also, the
metes and bounds description filed by a registered surveyor did not close
which caused the planning staff some concern over the 40 acre production
unit exhibit.
Mr. Fred Timberlake appeared, as a resident of Northridge Addition, and
opposed en toto the oil and gas activity that is devastating the area. He
did indicatethathe and Mr. Dub Blankenship had met with the Texland officials
regarding the landscaping and providing a screening fence inasmuch as
the stated well site is right across the road from their homes. However,
they had not seen any documentation or been present for any conferences
to finalize this particular matter.
Other appearances:
Mr. Joe Dale Bryant, 20% owner of the acreage on which the well site
is located.
Mrs. Maxine Blakenship, a resident
G.A. Huskey, a resident
Mr. Dick Pearce, a resident on Cypress Road
Mr. Calvin Lovett, 3408 Manioca
Stanley Smith, a building contractor
Mr. Jim Brady, a resident (Lot 26)
932A
MA R 11 7982
7,11
PUBLISHER'S AFFIDAVIT
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me Bonnie McKee a Notary Public in and for Lubboc
personally appeared Twi I a Fo I som9 Account Manager o
pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning,
being by me duly sworn did depose and say that said newspaper has been publ.
than fifty-two weeks prior to the first insertion of this Legal Notice- :
wn rd-S313.64 No. S26176 at Lubbock County, T
ed copy of the Notice is a true copy of the original and
Avalanche -.Journal on the following dates: February 249 1982.
Account Manager
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this 24t h day of Feb rua ry
GEC
FORM 58-10 "
BLi
TEXAS
Ub. it), I984
Item No. 82-41-932-1437
(20)
1982
s day
wspa-
who
more
er
print -
)bock
MAR 11 198Z,
933
F�
7j
7�
7�
The sum and substance of the testimony of these concerned residents was
to the effect that the area is being devastated with promiscuous permits
for oil and gas drilling; that it will affect the marketability of the
residence, as concurred by Mr. Bertram; that there has been no assurance
from the Texland people of this proposed screening of the well site and
that the elevation that Mr. Bratcher submitted at the hearing was the first
they had seen or heard and there had been no contractual arrangements
either with Texland or with Mr. Masters; that the Council should be
aware that they have opened Pandora's Box by issuing indescriminately
oil and gas drilling permits and that they will have to review the
ordinance and approach this situation with greater wisdom in the very
near future or the entire area will be destroyed.
Mr. Bratcher's rebuttal to most of this testimony is that Texland had
offered $10,000. for the residents to put whatever type of landscaping
they wanted; that it would be up to the property owners to maintain and
water inasmuch as Texland was not the owner and could not commit
themselves through a contractual arrrangement to that responsibility.
Discussion became repetitive, without firm assurances being made by
the Texland representative in response to either Council or City
Attorney's suggestions about the covenent running with the land, the
contractual arrangement for installation of landscaping, filing a site
plan with the City Council before the permit is issued; about maintenance
of the landscaping that the residents have requested; about the need for
reevaluating this ordinance that has become a "monster" with accompanying
elements that is detrimental to the quality of living particularly in this
area.
The motion was then made by Mayor Pro Tem Henry that the hearing be
continued on March 25th and asked that the three parties (Texland,
residents, and property owners on which the well site is located)
get together and work out a contractual arrangement regarding this
screening, the type of landscaping to be used, maintenance, site plan,
and all other necessary details stating specifics, submitting these
arrangements and contracts to the City Council a week prior to the
meeting on the 25th.
Councilwoman Baker requested that the motion be amended to require that
the site plan be filed stating the specifics of the plans which would
become a condition of the permit,if issued.
Mayor McAlister asked that the motion be amended to request that the
Council rethink several of the provisions in the ordinance inasmuch as
the situation is unique to Lubbock and should be therefore applicable
to this area.
Councilwoman Baker requested that the staff do a traffic study as to the
condition of the street for the entire area as a part of the preparation
for the continuation of the hearing.
All of the proposed amendments stated above met with the approval of
Mayor Pro Tem Henry. The motion was then seconded by Councilwoman
Baker. Motion carried: 5 Yeas; 0 Nays.
Mr. Bratcher indicated if there were any primary changes in the
ordinance, he requested that sufficient notice be made and stated the
conditions and terms on which oil leases are based and time is of essence
to the oil industry. He was assured by the Council that there would be
sufficient notice if any proposed changes were made.
The Council recessed at 2:35 p.m. to complete work session and other items.
of business reconvening at 3:30 p.m. for the Board Appointments.
82-41-933-1438 Consider two appointments to the COMMUNITY SERVICES COMMISSION Private
47) Sector category. The terms of Kathy Powell (United Way representative)
and Eunice Stevens (AARP) expire 3/31/82.
Reappointed:
Eunice J. Stephens
3006 - 55th (13)
UNITED WAY COMMUNITY PLANNING COUNCIL
Kathy Powell 2001 - 19th (10)
Term: 3/11/82 - 3/31/84
797-2517
747-2711
(The Council redesignated the agencies: AARP & UNITED WAY COMMUNITY
PLANNING COUNCIL, and recommended the above representatives be
reappointed by the agency to serve on this Commission).
82-41-93q-1439 Consider one appointment to the LUBBOCK HOUSING FINANCE CORPORATION
(48) to complete the term of Leota Alexander who has moved to Dallas.
Her term expires 12/31/85.
Appointed:
Deborah D. Brown 3704 - 76th (23) 792-6067
Attorney
(to fill the unexpired term of Leota Alexander, said term expiring
12/31/85).
82-41-93�-1440 Consider one appointment to the PLUMBING/MECHANICAL BOARD. The term
(49) of Ken Wood expired 12/31/81.
Reappointed:
Ken Wood 4011 - 69th 795-1278
(Master Plumber) 4407 Clovis Rd. 747-5245
Term: 3/11/82 - 12/31/83
The motion was made by Councilman Brown and seconded by Councilwoman
Baker for the Board Appointments. Mayor Pro Tem was absent from the
Chambers. Motion carried: 4 Yeas; 0 Nays.
There being no further business, the motion was made by Councilwoman
Baker seconded by Councilman Aderton to adjourn at 3:32 p.m.
Motion carried: 4 Yeas; 0 Nays; and Mayor Pro Tem Henry absent.
r ,
BILL McALISTER, MAYOR
ATTEST:
G
Evelyn Gaffga, City S cre ry-Treasurer
READ AND APPROVED THIS 25th DAY OF March , 1982
r
f--McX2ffER, MAYOR
ATTEST:
E elyn Gaf ga, ity S y-Treasurer