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HomeMy WebLinkAboutMinutes - City Council - Regular - 5/13/1982MAY 13 'jjt�J013 N 32-41-1013-1591 ( 1) 2-41-1013-1592 ( 2) 82-41-1013-1593 ( 3) 2-41-1013-1594 ( 5) 82-41-1013-1595 ( 6) 82-41-1013-1596 ( 7) 82-41-1013-1597 ( 8) 32-41-1013-1598 ( 9) 82-41-1013-1599 (10) CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING MAY 13, 1982 At 8:32 a.m., Mayor Pro Tem Henry announced that there would be an Executive Session for the purpose of considering pending litigation. This is in accordance to Article 6265-17, V.A.T.S. The City Council of the City of Lubbock, Texas met for its regular meeting Thursday, May 13, 1982, at 9:30 a.m. in the City Council Chambers,',Second Floor, City Hall. Those present: Mayor Pro Tem Alan Henry, Councilman E. Jack Brown, Councilman M.J. Aderton, Councilwoman Joan Baker, City Manager Larry Cunningham, City Secretary -Treasurer Evelyn Gaffga, and City Attorney John C. Ross, Jr. Mayor Bill McAlister being absent, Mayor Pro Tem Henry presided. The invocation was given by Asst. City Manager Jim Blagg. The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chambers. Approval of minutes of Regular Meeting, April 22, 1982 and the Special Meeting, April 29, 1982 The motion was made by Councilman Brown, seconded by Councilman Aderton to approve the minutes of the above stated meetings. Motion carried: 4 Yeas; 0 Nays; Mayor Bill McAlister absent. Proclamations "Better Speech and Hearing Month" - May, 1982 Receiving: Noah Corder Mary Alice Vela Susan Hamre, South.Plains Speech, Language, and Hearing Association Officer "Lubbock High Blood Pressure Month" - May, 1982 Receiving: Mary Creswell, R.N., Health Department Mary Arrant, R.N., Health Department "Lubbock Salvation Army Week" - May 10-16, 1982 Receiving: Major Jim Waller, Executive Director Joy Lambert, Advisory Board Chairman "Pass It On Days" - May 13-15, 1982 Receiving: Kathleen Walsh, Catholic Emergency Assistance Matt Matthews, Neighborhood House Major Jim Waller, Salvation Army "Play It Smart: Make Responsible Decisions About Alcohol Week" May 15-21, 1982 Receiving: Leigh Mires Curry Blackwell "Building Safety Week" - May 16-22, 1982 Receiving: Max Garza, Assistant Building Official Stan Fulton, Senior Building Inspector Bud Myers, Senior Plumbing Inspector Bob Smith, Plan Analyst Larry Elliott, President of Home Builders Association Bob Dozier, Vice -President of Home Builders Assoc. Harold Lang, Home Builders Association Director Bob Hutson, Home Builders Association Director 32-41-1013-1600 (11) "Lubbock Transportation Week" - May 16-22, 1982 L014 MAY 13 1982 82-41-1014-1601 (12) 82-41-1014-1602 (13) "South Plains Older Texan Week" - May 24-28, 1982 Receiving: Eunice Stephens, Aging Advisory Council Member Thelma Byrd, Aging Advisory Council Member Phil Hoel, Chairman of the Parks and Recreation Board, will appear to present the -following items: a. Consider a name change for the Eastern Little League hnl If ial A The Eastern Little League appeared before the Park and Recreation Board to request that the baseball field located at East 24th Street and Quirt Avenue be renamed in the memory of Dr. F.L. Lovings. Dr. Lovings was one of the co-founders of the Eastern Little League and had a great interest in the development of this athletic activity for his part of the community. The Council Policy would be for three names to be submitted to the Parks and Recreation Board for consideration when parks or designated parks are previously unnamed. However, this facility is the "renaming" of an activity field and the Board felt like the submission of additional names was unnecessary. The Park and Recreation Board unanimously approves this recommendation. The motion was made by Councilman Aderton, seconded by Councilwoman Baker to accept the recommendation of the Parks and Recreation Board and rename the baseball field located on east 24th Street and Quirt "DR. S.L. LOVINGS BASEBALL FIELD". Motion carried: 4 Yeas; 0 Nays, Mayor McAlister absent. b. Consider revision of Parks and Recreation fees and charges. The Parks and Recreation Board has reviewed the fees and charges for the fiscal year as related to rentals for Party Houses, Community Center and Arts and Garden Center. Their recommendations are: Rentals Current Rates Community Centers *No Admission Charged and Public Not Invited 1. Social Hall 2. Meeting Room $25 10 *Admission Charged (Not for Profit) 1. Social Hall 50 2. Meeting Room 25 *All Sunday Reservations 50 Proposed Rates $40 15 65 35 85 The Sunday reservations reflect a substantial increase for the reason that custodial services for opening and cleaning the facility after it has been used requires the payment of over- time in wages and thus the Board thought the additional increase was warranted. Additional Charges: 1. When meal is served 10 15 2. Set-up (over 150 people) 10 15 3. Janitor Service 15 25 (preparation for Sunday Reservations) *All charges are based on time periods as follows or a maximum of 4 hours; 9 a.m. to 12:00 noon; 1 p.m. to 5 p.m.; 5 p.m. to 11:30 p.m. Garden and Arts Center Admission Charged and Public Not Invited 1. Auditorium 25 30 2. Meeting Room 3 5 No Admission Charged and Public is Invited (Outside Regular Hours) 1. Auditorium 10 10 2. Meeting Room 3 3 MAY 1 192 1015 No Admission Charged and Public is Not Invited 1. Auditorium 30 40 2. Meeting Room 5 7 Additional Charges 1. Piano Rental 15 15 2. Projector Rental $1 or $2 $2 or $3 General Use of Kitchen -0- 5 (no utensils or dishes) PARTY HOUSES Weekdays Current Proposed Landwer $25 Same Mackenzie Terrace 12 if Little Party House 5 IT Barbeque Pit 8 Bunk House 5 A.B. Davis 8 Lou Stubbs 8 Mahon 12 Clapp 12 Weekend & Holidays Current Proposed $35 Same 15 if 7 if 10 it 10 if 10 it 10 it 15 it 15 if CURRENT Deposits Current Proposed $100 Same 50 $100 11 if Late Key Pick-up $ 5.00 $ 7.50 Lost Key - 0 2.00 Janitor Service 26. CO 25.00 Late Key Return .50 per day Same 82-41-1015-1603:, - Robert Johnson, representative of Whisperwood, will be present to (14) request City's acceptance of private streets. Mr. Robert Johnson, Market Director of Whisperwood appeared before the Council to request that a private street in the Whisperwood Development named Winnsboro Place be dedicated a public street; that originally it was requested to be a private street for the purposes of a proposed Home Owners Association and that there are placed in the center of certain cul-de-sacs small islands for the purpose of a rather sophisticated security system which was to be landscaped; that roll-over curbs and sidewalks to be placed adjacent to the curb was approved at this time. Winnsboro Place is adjacent to Lots 114-139 between Slide Road and Whisperwood Boulevard and Loop 289 and Second Street. The construction of the street itself was completed November 19, 1981. All of these provisions that are not in accordance with the City standards were approved by the Council on December 11, 1980, through a Zone Case (Ord. #8115). The conditions allowed at that time involved, in addition to the street being declared a private street and the roll- over curbs with adjacent sidewalks was a deviation in the street naming policy, and a deviation from the easement liable for garbage collection purposes. Don Jennings, City Engineer, responded to Mr. Johnson's request and stated the following areas that are not in accordance with the City standards: 1. The roll-over type curb which not only reduces the width of the street by a foot or so but it provides one-half of the concrete area in the gutter for handling water flow, clean-up and related matters. The standard curb and gutter generally provides better protection for signs, utility poles, pedestrians, and for clearer identification of drive -ways. 2. Sidewalks which are not presently installed that were approved to be placed adjacent to the roll-over curb would not conform to City standards. These would be hazardous for pedestrians walking and would serve as barriers for fire hydrants and streetsigns and related matters. Mr. Jennings indicated that the sidewalk would either need to be set back to allow for the placement of fire hydrants, street signs, etc. or would need to be six feet wide to prevent these installations from being a barrier in the middle of the sidewalk. 3. That the islands in the street do not comply and would need to be totally removed preferably, or certainly topped with an aggregate matter which would alleviate maintenance problems. 4. There is a flare at the intersection of Whisperwood Boulevard and Winnsboro Place to accommodate the then proposed security system. There is no great problem for a public street, but is not according to City Standards. 5. The street names in Winnsboro Place do not conform with the City's policy and they should be renamed First Place at the 5100 Block. 6. It is unknown whether the construction of the streets complies with City standards, although Mr. Jennings indicated he had great faith in Kerr Construction Co. (the contractor) and his construction work. However, in the City's best interest, he would like to have some tests run to verify the quality of this construction. 7. The street lights and any easements to make the lights operational should be provided by the developer at $475.00 per light. 8. The street names should be required in the same manner as in any new sub -division with one sign provided. 9. A Street Use License would be required for any private lines using ROW for the maintenance or sprinkling system to the islands. Mr. Johnson's response to this primarily concentrated on replacing the roll-over curbs to the standard up -right curb and that this requirement would be too expensive to undertake; that the islands could be surfaced with an aggregate matter which would curtail maintenance and they would be glad to do that; that the street names could be replaced in compliance with the City's street naming policy; that the primary purpose for wanting it to be dedicated as a public street was to remove the concept of a private Home Owners Association, which is not the current concept and philosophy that the developer is wanting to pursue, even though that was the concept that was presented to the Council in 1980 by the then Whisperwood representative; that if there was not any alternative or compromise available regarding the roll-over curbs, then the street would remain a private street and the Council would have to address the issue some years later after the sub -division has been developed and you have property owners who will be interested in requesting that it be dedicated as a public street. Following extensive discussion, the motion was made by Councilwoman Baker to accept Winnsboro Place as a public street subject to various improvements: 1. That the roll-over type curb be removed and the vertical curb be constructed in accordance with the Code; 2. That the sidewalks be relocated in compliance with the City's standards; 3. That the islands be concreted for the reduced maintenance; 4. That the flare existing at the intersection of Winnsboro and Whisperwood Boulevard be accepted as is; 5. That Whisperwood Place be renamed First Place with the 5100 Block designated as the appropriate address; 6. That a letter be received from Kerr Construction Co. stating the type of construction used in the construction of the street and that these facts be verified with tests under the supervision of the City Engineer; 7. That a Street Use License from the developer be required regarding any easements or private water lines running to the islands; 8. That the street signs be provided by the developer in accordance with City standards; 9. That the street lights as required by City standards be provided by the developer as stated above and that there be appropriate Dedication Deeds for alleys allowing for these standard garbage collection procedures. HIM I J 1�8Z 1017 71 1 82-41-1017-1604 (15) !*Amends Ord. #7064 6/26/75 *Pub. Aff. I on Pg. 1045 B 82-41-1017-1605 (16) Amends Ord. #7084 6/26/75 *Pub. Aff. on Pg. *1045 B 82-41-1017-1606 (17) *Amends Ord. #7084 6/26/75 *Pub. Aff. on Pg- 1045- B 82-41-1017-1607 (18) *Amends Ord. #7084 6/26/75 *Pub. Aff. on Pg. 1045 B Councilman Brown injected some additional discussion regarding the cost for the replacement of the roll-over curb and asked City Engineer Jennings whether or not a two-piece curb could be constructed providing the up -right standards without the total removal of the roll-over portion, at a lesser expense than a complete reconstruction job, that frequently patch -work is more detrimental than a new design in order to achieve the same standard as required, to which Mr. Jennings responded that that was a possibility and admittedly patch work in concrete construction is not always the best solution. Mr. Johnson indicated they could live with this alternateive if approved. Mr. Johnson also indicated that they could move the sidewalk back inasmuch as they have not been installed at the present time. Councilman Brown said that with the modification of the roll-over curb requirement, he would be in agreement with the motion as stated by Councilwoman Baker. Councilwoman Baker therefore modified her motion as it related to the roll-over curb requirement (See #1 above) allowing the curb construction to remain as it presently exists, and that all other conditions remain as stated above. Councilman Brown seconded the motion as amended. Motion carried: 4 Yeas; 0 Nays; Mayor McAlister absent. Ordinance No. 8312 - Zone Case 1927-A An ordinance changing part of Block 7,,Ellwood Place Addition, amending site plan and expanding uses to allow offices, located at 2601 - 19th Street, subject to stated condition. SMH:mck ORDINANCE NO. 8312 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. 1927-A; CHANGE PART OF BLOCK 7, ELLWOOD PLACE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, TO AMEND THE SITE PLAN AND EXPAND USES TO ALLOW OFFICES; 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. Ordinance No. 8313 - Zone Case 2361 An ordinance changing Lots 3, 4 and 5, Block 120, Overton addition from C-2 to C-2 DH zoning, located at 1802 Broadway. SMH:mck ORDINANCE NO. 8313 AN ORDINANCE AMENDING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK, BEING THE ZONING CODE, SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2361; CHANGE LOTS 3, 4, AND 5, BLOCK 120, OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-3 TO C-3 (DH) ZONING DISTRICT; DESIGNATING A LANDMARK THEREON; PROVIDING FOR A PENALTY AS PROVIDED IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ordinance No. 8314 - Zone Case 2361 An ordinance changing north 125' of Lot A, Hobgood Addition, from C-2 to C-2 Specific Use for veterinary hospital. SMH:mck ORDINANCE NO.8314 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. 2362; A SPECIFIC USE ZONE CHANGE FROM C-2 TO C-2 SPECIFIC USE PERMIT UNDER PROVISIONS OF SECTION 22.3-13 OF THE ZONING ORDINANCE, FOR A VETERINARY HOSPITAL ON THE NORTH 125 FEET OF LOT A, HOBGOOD ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ordinance No. 8315 - Zone Case 2343-A An ordinance changing North Half of Block 8, East Side Addition from R-1 to M-1 zoning, subject to condition: a. That a cyclone fence be erected on the north property line and on the east side down to a point even with the north property line of East Main Street. (located at 1009 Ute Avenue). l 1 • 82-41-1018-1608 (19) nds Ord. #7084 6/26/75 *Pub. Aff, on Pg. 1045 B 82-41-1018-1609 (20) Amends Ord. #7084 6/26/75 Pub. Aff. on Pg. 1045 B 82-41-1018-1610 (21) Amends Ord. 7084 6/26/75 *Pub. Aff. on Pg. 1045 B SMH:mck ORDINANCE NO. 8315 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. 2343-A; CHANGE THE NORTH HALF OF BLOCK 8, EAST SIDE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO M-1 ZONING DISTRICT; 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. Ordinance No. 8316 - Zone Case 2365 An ordinance changing Lot 3, Block 1, Westlawn Addition from R-1 to AM zoning. SMH:mck ORDINANCE NO. 8316 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. 2365; CHANGE LOT 3, BLOCK 1, WESTLAWN ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO AM 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. Ordinance No. 8317 - Zone Case 1280-B An ordinance changing Lots 1-8, 10, Block 11, Lots 13-16, Block 7, C.C. Leftwich Subdivision from 6-4 to C-4 prohibiting dance halls, night clubs, bars or lounges zoning district, located north of 19th Street between Peoria and railroad tracts. Council queried as to the Court status of the Appeal by Graham & Associates on the ZBA ruling regarding the reconstruction of the New West Club, to which Mr. Mick McKamie, an attorney representing ZBA reported that the attorneys had been apprised by Judge Clinton of the 99th District Court that he would hold in favor of Graham & Associates, thus allowing them to rebuild their structure; that the attorneys for the parties had not received the judge's Order in writing and therefore were undecided at this point as to whether to file an appeal to the Fifth Circuit in Amarillo; that Mr. Langston, attorney for the plantiffs had filed a Motion to Reconsider and the hearing on this motion was to be held on May 20th; that this matter will be discussed in greater length in executive session. Mr. Ross stated to the Council that for future consideration that the premises as zoned could be used for a hotel/motel or a restaurant with accessory use of a cocktail lounge which could possibly be something for them to consider. SMH:mck ORDINANCE NO. 8317 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. 1280-B; CHANGE LOTS 1 THROUGH 8, AND 10, BLOCK 11 AND LOTS 13 AND 16, BLOCK 7, C. C. LEFTWICH SUBDIVISION, AND A TRACT OF LAND OUT OF SECTION 2, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-4 TO C-4 PROHIBITING DANCE HALLS, NIGHT CLUBS, BARS OR LOUNGES 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. Ordinance No. 8318 - Zone Case 2366 An ordinance changing Lot 5, Block 131, Overton Addition from R-3 to AM zoning, located at 2409 - 6th Street. SMH:mck ORDINANCE NO. 8318 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. 2366; CHANGE LOT 5, BLOCK 131, OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-3 TO AM 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. 1019 7� 82-41-1019-1611 Ordinance No. 8319 (22) *Pub. Aff. on An ordinance amending Chapter 21 of the Code of Ordinances establishing Pg. 1045 B and licensing requirements for peddlers, hawkers, itinerant merchants and transient vendors, as amended. The Ordinance has been amended between first and second reading incorporating the photo identification provision of each applicant and increasing the fee from $15.00 to $20.00 to offset the increased cost for this photo identification provision; that the issuance of the permits will be from the City Manager's Office or his designated representative, thus allowing greater flexibility as to assigning this responsibility. Mr. Ross has apprised the Council that House Bill #247 provides that a permit can only be denied for the same reason as a felony conviction and that the Ordinance may need to be amended at some future time after further study of this piece of legislation. SMH:js ORDINANCE NO. 8319 AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, ENTITLED "PEDDLERS AND SOLICITORS", BY AMENDING SECTION 21-1 THEREOF PROVIDING FOR A LICENSE; AMENDING SECTION 21-2 PROVIDNG FOR THE CONTENTS OF THE LICENSE: AMENDING SECTION 21-4 PROVIDING FOR A FEE FOR A LICENSE; AMENDING SEC- TION 21-5 PROVIDNG FOR EXHIBITING OF LICENSE; AMENDING SECTION 21-5.1 PROVIDING FOR THE DENIAL OR REVOCATION OF LICENSE; AMENDING SECTION 21-5.2 PROVIDING FOR A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 82-41-1019-1612 Ordinance No. 8254 (23) *Pub. Aff. on An ordinance abandoning and closing a portion of the alley between P9. 1045 B Lots 1 and 2, Deseret Addition. JWF:js ORDINANCE NO. 8254 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTION OF ALLEY: A POR- TION OF AN ALLEY LOCATED BETWEEN THE ORIGINAL LOTS 1 AND 2, DESERET 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 OFFI- CIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN PORTION OF ALLEY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 82-41-1019-1613 Consider a resolution authorizing theMayor to execute.a Quitclaim (24) Deed (see Ord. 8254, above) to Roy Middleton. *Quit Claim in folder Resolution No. 1106 The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Ordinance #8312, 8313, 8314, 8315, 8316, 8317, 8318, 8319, 8254 on second and final reading and to pass Resolution #1106 related to Ordinance #8254 authorizing a Quit Claim Deed. Motion carried: 4 Yeas; 0 Nays; Mayor McAlister absent. JWF:mck RESOLUTION No. 1106 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 Quit Claim Deed in favor of Roy Middleton 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 May ,198�,. _/S/ Alan Henry Mayor; Pro-- Tem Alan Henry 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: 1020 QUITCLAIM DEED THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lub- bock, State of Texas, for and in consideration of the sum of ONE AND N01100 ($1.00) DOLLARS and other good and valuable consideration to it in hand paid by ROY MIDDLETON hereinafter called "GRANTEE", the receipt of which is hereby acknowledged, does hereby by these presents ABANDON, DISCLAIM, RELEASE AND FOREVER QUITCLAIM unto the said GRANTEE, all its rights, title and interest in and to that certain tract or parcel of land lying and being situated in the County of Lubbock, State of Texas, described as follows, to -wit: An alley located between the orginal Lots 1 and 2, Deseret Addition to the City of Lubbock, Lubbock County, Texas being further described as follows: BEGINNING at the original Southwest corner of Lot 2, Deseret Addition to the City of Lubbock, Lubbock County, Texas; THENCE North 89'58'27" West a distance of 20.00 feet; THENCE North a distance of 126.00 feet; THENCE South 89'58'27" East a distance of 30.00 feet; THENCE South 45000'47" West a distance of 14.14 feet; THENCE South a distance of 116.00 feet to the POINT OF BEGINNING. TO HAVE AND TO HOLD the same premises together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said GRANTEE, its successors and assigns forever, so that neither the GRANTOR, CITY OF LUBBOCK, its successors or assigns, nor any persons claiming under it shall at any time hereinafter, have, claim or demand any right to the title to the aforesaid premises or appurtenances or any part thereof. WITNESS MY HAND AT LUBBOCK, TEXAS this 13th day of May 1982. /S/ Alan Henry .MAYOR PRO TEM ALAN HENRY ATTEST: /S/ Evelyn GaffRa 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, Assistant City Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared ALAN HENRY known to me to be the person whose name is subscribed to the foregoing instrument and ack- nowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR PRO TEM, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 17th day of May 1982. /S/ Olivia R. Solis Notary Public, Lubbock County, Texas JWF:mck My Commission expires 11/30/85 MAY 13 ]j8Z 1021 82-41-1021-1614 (29) Amends Ord. 8225 9/10/81 82-41-1021-1615 (30) Amends Ord. 5365 12/21/67 Consider an ordinance amending Ordinance #8225 for the removal of the school zone on University Avenue at 56th Street Ordinance No. 8321 The 20 mph school_ crossing on University at 56th Street was installed for the purpose of students crossing University to attend Atkins Junior High School located at Avenue U and 54th Street. The crossing has been ineffective for several years and the traffic count reflects that most of the students go to 58th and University and cross with the traffic signal that is installed there. It is the Staff's recommendation that the school flashing signal be removed and that the school crossing indicator with push buttons attached to the existing traffic signal be installed at 58th and University. This has the concurrence of the Lubbock Independent School District and will be in effect for the 1982-83 school year. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Ordinance #8321 on the first reading. Motion carried: 4 Yeas; 0 Nays; Mayor McAlister absent. SMH:mck ORDINANCE NO. 8321 AN ORDINANCE AMENDING ORDINANCE NO. 8225 TO PROVIDE FOR THE REMOVAL OF A SCHOOL ZONE LOCATED ON BOTH SIDES OF UNIVERSITY AVENUE BEGINNING AT A POINT 50 FEET SOUTH OF 55TH STREET AND EXTENDING SOUTH TO A POINT 72 FEET SOUTH OF 57TH STREET, A DISTANCE OF 527 FEET; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Consider an ordinance amending Ordinance #5365 for the establishment of 45 mph speed zone on U.S. 84 at the intersection of Quirt Avenue. Ordinance No. 8322 The City has requested the Highway Department study the feasibility of lowering the speed zone on U.S. 84 (Slaton Highway at the Quirt Avenue intersection). After making the requested study the Highway Department has concurred with this request and has placed on file a letter stating their position. Motion was made by Councilman Aderton, seconded by Councilman Brown to pass Ordinance #8322 on first reading. Motion carried: 4 Yeas; 0 Nay; Mayor McAlister absent. SMH:da ORDINANCE NO. 8322 AN ORDINANCE AMENDING ORDINANCE NO. 5365 TO PROVIDE FOR A 45 MPH SPEED ZONE LOCATED ON BOTH SIDES OF U.S. 84 (SLATON HIGHWAY) BEGINNING AT A POINT 1,140 FEET WEST OF QUIRT AVENUE (FROM THE NORTH) AND EXTENDING EAST FOR 0.600 MILE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 82-41-1021-1616 Consider a resolution authorizing the Mayor to execute an amended (31) agreement between the City and the State of Texas, related to traffic signals installed under the TOPICS program (see Resolution, 6/25/70). 1. Resolution No. 1094 This agreement releases the City from any responsibility to the State and provides for disposition of the signal equipment to be purchased as replacement equipment in the new Digital Signal System. The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Resolution No. 1094 . Motion carried: 4 Yeas; 0 Nays; Mayor McAlister absent. SMH:da RESOLUTION No. 1094 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF LUBBOCK AND THE STATE OF TEXAS. WHEREAS, by virtue of Municipal Construction and Maintenance Agreements dated the 17th day of July, 1970 and the 18th day of March, 1974, entered into by the City and the State, and in accordance with Minute Order 65187 dated the 5th day of August, 1971, an Urban Traffic Operations Program to Increase Capa- city and Safety was subsequently completed to modernize certain traffic signals and install an electronic traffic control system; and M WHEREAS, the equipment is past its expected life, fully depreciated and continued operation of the electronic traffic control system has been deter- mined impractical, excessively expensive and functionally obsolete; NOW THERE- FORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement between the City of Lubbock and the State of Texas, attached herewith which (M 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 3th day of May 1982. / S / Alan Henry ALAN HENRY, MAYOR PRO TEM ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: %G/ B H McDaniel B. H. McDaniel, Traffic Engineering Director /i/ Gii-,an M _Effort'an Susan M. Horton, Assistant City Attorney 82-41-1022-1617 Consider the price and conditions of sale of Parcel 5B-16-11 in the (32) Lubbock NDP Urban Renewal area. Parcel Redeveloper Price Redevelopment I 5B-16-11 Manuel Chavez & $1,100.00 Adding to adjoining j wife, Isabel existing property Chavez Motion was made by Councilman Brown, seconded by Councilwoman Baker to approve the above referenced parcel for price and sale of conditions of sale. Motion carried: 4 Yeas; 0 Nays; Mayor McAlister absent. 82-41-1022-1618 Consider a resolution setting a time and date fora public hearing (33) amending the Urban Renewal Plan for Redevelopment Area 28. Resolution No. 1095. Under the 8th Year C.D. Program the approved project for acquisition of land and rerouting and widening of east 19th Street east of Quirt Avenue, the area referred to as Posey Lakesite East (PLEA) area located in an approved Urban Renewal area for rehabilitation. The motion was made by Councilwoman Baker, seconded by Councilman Brown to hold the public hearing on June 24, at 1:30 p.m. Motion carried: 4 Yeas; 0 Nays; Mayor McAlister absent. SMH : j s Ti RESOLUTION No. 1095 A RESOLUTION PROVIDING FOR NOTICE OF MEETING AND PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF LUBBOCK CONCERNING THE APPROVING OF AN AMENDED URBAN RE- NEWAL PLAN FOR COMMUNITY DEVELOPMENT REHABILITATION AND REDEVELOPMENT AREA NUM- BER 28, AND PROVIDING FOR NOTICE OF SUCH MEETING AND HEARING. WHEREAS, the Urban Renewal Law of the State of Texas requires the City Council to hold a public hearing on a proposed Urban Renewal Plan before it may approve the Urban Renewal Plan after notice of hearing has been given by publications in the manner described and the City Council may proceed with such hearing after it has received recommendations from the Planning and Zoning Com- mission and the Urban Renewal Agency as to a Plan conforming with the general plan for development of the City as a whole; and WHEREAS, said Urban Renewal Law of the State of Texas makes the same re- quirements for an Amended Urban Renewal Plan; and WHEREAS, the Urban Renewal Plan for Community Development Rehabilitation and Redevelopment Area Number 28 which was originally approved and adopted by the City Council on November 17, 1977, needs to be revised to conform to the City of Lubbock's revised thoroughfare and land use plan for the neighborhood district of which said Area Number 28 is a part; and WHEREAS, the Amended Urban Renewal Plan for Community Development Rehabi- litation and Redevelopment Area Number 28, was reviewed and approved by the Planning and Zoning Commission on May 6, 1982, and by the Urban Renewal Agency of the City of Lubbock on April 20, 1982, and recommendations were made to the City Council; and WHEREAS, said Renewal Plan and recommendations have been reviewed by the City Council of the City of Lubbock; and WHEREAS, it is the purpose and intent of the City Council of the City of Lubbock, on this date and at this time and place specified in the form of no- tice contained in Section 1 hereof, to hold a public hearing on the question of adopting a resolution to approve and adopt the said Amended Urban Renewal Plan substantially in the form of the Resolution set forth in the form of notice; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the following notice is hereby ordered to be published by the City Council of the City of Lubbock, said notice is to be published in the May 19, 1982, May 26, 1982, and June 2, 1982, issues of the Lubbock Ava- lanche -Journal (the official newspaper of the City of Lubbock) said notice to be in the following form, to -wit: "NOTICE OF MEETING AND PUBLIC HEARING BY THE CITY COUNCIL OF THE CITY OF LUBBOCK CONCERNING APPROVAL OF THE AMENDED URBAN RENEWAL PLAN FOR COM- MUNITY DEVELOPMENT REHABILITATION AND REDEVELOPMENT AREA NUMBER 28. Pursuant to the provisions of the Urban Renewal Law of the State ofTexas, notice is hereby given that the City Council of the City of Lubbock will meet at the City Hall in the City Council Chamber on the day of June, 1982, at o'clock, at which time and place said Council will conduct a public hearing on the question of, and will consider and deter- mine whether or not it will approve an Amended Urban Renewal Plan for the Community Development Rehabilitation and Redevelopment Area Number 28, by passing a Resolution substantially as follows: 'A RESOLUTION APPROVING AND ADOPTING AN AMENDED URBAN RENEWAL PLAN FOR COMMUNITY DEVELOPMENT REHABILITATION AND REDEVELOPMENT AREA NUMBER 28. WHEREAS, an Amended Urban Renewal Plan for Community Development Re- habilitation and Redevelopment Area Number 28, hereinafter set forth as Exhibit A, and made a part hereof, has been reviewed by and ap- proved by the Planning and Zoning Commission of the City of Lubbock and by the Urban Renewal Agency of the City of Lubbock; and WHEREAS, the proposed Amended Urban Renewal Plan conforms to the gen- eral plan of development of the City as a whole and is compatible to the existing and proposed land uses, and thoroughfare plan, and re- creational and community facilities of the area; and WHEREAS, a feasible method exists for the relocation of families or individuals who will be displaced from the Amended Urban Renewal Area in decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families or individuals; and WHEREAS, the Amended Urban Renewal Plan will afford maximum oppor- tunity consistent with the sound needs of the City as a whole, for the rehabilitation or redevelopment of the Urban Renewal Area by private enterprise; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Amended Urban Renewal Plan for Community Development Rehabilitation and Redevelopment Area Number 28, designated as Exhibit A, which is attached hereto and made a part hereof, be and is hereby approved and adopted.' At the aforesaid public hearing, each person will be given full op- portunity to be heard, either in person or by his counsel, relative =LIT low-1 13 ft4 1024 ' * to the subject being considered, and likewise to present to and file with the City Council for its consideration, his written comments and recommendations relative to the subject." SECTION 2. THAT the City Council shall meet on the date and at the time and place specified in the form of notice and contained in Section 1 hereof and shall then and there hold a public hearing on the question of and consider and determine if it should adopt a Resolution substantially in the form set forth in said form of notice. Passed by the City Council of the City of Lubbock this of May , 1982. ATTEST: 13th /S/ Alan Henry ALAN HENRY, Mayor Pro Tem /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, Assistant City Attorney 82-41-1024-1619 Consider an ordinance amending Ordinance #7999 adopting 1979 (34) Uniform Building Code, Section 2405 Unburned Clay Masonry. Amends Ord.#7999 2/28/80 Ordinance No. 8325 At the 8:30 work session the Council was apprised of the proposed ordinance related to the manufacture and use of unburned clay masonry known as adobe; that a local resident, Mr. Mike Lovingier desires to build an adobe house in accordance with the proposed ordinance and asked the Council to consider this as an emergency measure in order for him to commence construction immediately. The Building Board of Appeals recommends the adoption of this amendment. At the regular session, the motion was made by Councilwoman Baker and seconded by Councilman Brown to pass Ordinance #8323 on first reading amending the 1979 Uniform Building Code related to unburned clay masonry (Adobe) and the passage of the ordinance for second and final reading will be held in accordance with the normal procedures, there not being an emergency situation pending in their opinion. Motion carried: 4 Yeas; 0 Nays; Mayor McAlister absent. SMH:da ORDINANCE NO. 83Z9 day AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, (BEING THE BUILDING CODE) BY AMENDING SECTION 5-2 THEREOF TO PROVIDE FOR AMENDMENTS TO THE 1979 EDITION OF THE UNIFORM BUILDING CODE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. !82-41-1024-1620 Consider a resolution accepting paving improvements constructed (35) tj W.D. Turner Construction Company in Meadow Addition (Lots 1328- 1345). Resolution No. 1096 Motion was made by Councilman Aderton, seconded by Councilman Brown to pass Resolution No. 1096 accepting the paving improvements. Motion carried: 4 Yeas; 0 Nays; Mayor McAlister absent. JCR:cl RESOLUTION No. 1096 RESOLUTION ACCEPTING IMPROVEMENTS OF PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of The Meadows Addition, Lots 1328-1345 made ar- rangements with W.D. Turner Construction Company for the construction of paving improvements on certain streets dedicated in said subdivision under the pro- visions of said Ordinance prior to the recording of the subdivision plat of the above addition including the following streets: East 2 of Aberdeen Avenue from its intersection with a line 27 feet North of the North Lip Line of 84th Street to its intersection with a line 7 feet North of the North property line of the alley North of 84th Street known and designated as New Subdivision Sub -Unit Number 45 of Unit Number 2028. Slide Road (Alley Return Only) on West side of Slide Road North of 84th Street known and designated as New Subdivision Sub -Unit Number 46 of Unit Number 2028. AND WHEREAS, the construction of the above improvements on the above - mentioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. "M That the improvements on said portions of the above -mentioned streets BE and the same are hereby accepted and the City Engineer BE and he is hereby authorized to notify the developer of said acceptance and authorization of payment to the contractor. M This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 13th day of May 1982. ATTEST: ISI Alan Henry ALAN HENRY, Mayor Pro Tem .1S1 Evelyn,.,.Gaffga Evelyn Gaffga, City Secretary APPROVED AS TO CONTENT: /S/ Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: /S/ John C. Ross, Jr. John C. Ross, Jr., City Attorney 82-41-1025- 1621 Consider a resolution releasing 90% retainage on University (36) widening (GWO 11,558). Resolution No. 1097 This work is very near completion and the total retainage amounts to $90,951.95. The contractor (W.D. Turner) has requested that 90% of the retainage accumulated because of delay in construction be released ($81,856.75) retaining $9.095.20 until the project is completed, and accepted. Motion was made Councilwoman Baker, seconded by Councilman Brown to pass the above resolution. Motion carried: 4 Yeas; 0 Nays; Mayor McAlister absent. 1026 82-41-1026-1622 (37) *SEE Resolution 1052 (3-25-82) Additions to 11982 Paving Assess. !Prog. 'i*SEE ordinance 8342 11982 Paving Assess- ment Program.(9-9-82) *SEE Resolution 1196 '(9-9-82) Contract w/ ,Kerr Construction. I 1*SEE Resolution 1407 i(6-9-83) Paving Improve- ments ACCEPTED. 11*SEE Resolution 1422 1[t(7-14-83) Portions of H 11982 Paving Assess. I ;"frog. ACCEPTED. JCR:cl RESOLUTION NO. 1097 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT payment to the Contractor, W.D. Turner, is hereby authorized in the amount of $81,856.75 out of a 10% retainage of $90,951.95. This payment is authorized by reason of the fact that the whole work is near completion and has been delayed through no fault of the Contractor, and in such cases, such payment can be authorized by the City of Lubbock according to its contract for such paving with said Contractor. This payment authorization relates to paving, Contract G.W.O. 11,558. The Engineering Department of the City of Lubbock has recommended that $9,095.20, which represents the difference between said sum of $90,951.95 and $81,856.75, be retained until the project is completed. PASSED BY CITY COUNCIL THIS 13thday of May , 1982. /S/ Alan Henry.. ALAN HENRY, Mayor Pro Tem ATTEST: /S/ Evelyn Ga.ff9a Evelyn Gaffga, City Secretary-Treas. APPROVED AS TO CONTENT: /S/ Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: S/John C. Ross, Jr. John C. Ross, Jr., City Attorney Consider a resolution directing the Engineer to prepare estimates and rolls on 1982 Assessment Paving Program (-N6 11,593). Resolution No. 1098 This is the fourth in five steps related to an Assessment Paving Program for 1982 and authorizes the preparation of estimates and the assessment roll, which will be used in Notifying property owners of the subsequent public hearing before the Council. Motion was made by Councilman Aderton, seconded by Councilman Brown to pass Resolution No. 1098. Motion carried: 4 Yeas; 0 Nays; Mayor McAlister absent. JCR:cl RESOLUTION NO. 1098 RESOLUTION DIRECTING THE ENGINEER TO PREPARE AND FILE ESTIMATE, ROLLS, ETC., IN CONNECTION WITH THE PROPOSED 1982 ASSESSMENT PAVING IMPROVEMENTS ON PORTIONS OF STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN AND ALONG THE BOUND- ARIES OF THE CITY OF LUBBOCK, TEXAS. WHEREAS, the Governing Body of the City of Lubbock has heretofore ordered and provided for the improvement of portions of sundry streets, highways, avenues and/or alleys in and along the boundaries of the City as designated below: UNIT AND SUB -UNIT ALLEYS (10' WIDE) FROM A-460-85 E-W alley between 22nd Street & 22nd Place A-460-86 E-W alley between 22nd Place & 23rd Street TO Louisville Avenue Memphis Avenue Knoxville Avenue Louisville Avenue kjAy l � -1 04 1027 A-460-87 E-W alley between Peoria Avenue 68th Drive 68th Street & 69th Street A-460-88 E-W alley between Indiana Avenue Joliet Avenue 22nd Street & 22nd Place UNIT AND SUB -UNIT STREET (36' WIDE) FROM TO 2240-1 59th Street Slide Road York Avenue 2240-2 60th Street Wayne Avenue Vicksburg Avenue 2240-3 60th Street Slide Road York Avenue 2240-4 61st Street Wayne Avenue Vicksburg Avenue 2240-5 61st Street York Avenue Wayne Avenue 2240-6 61st Street Slide Road York Avenue 2240-7 62nd Street York Avenue 130' W. of Wayne Ave. 2240-8 63rd Street York Drive 540' W. of Vicksburg Ave. 2240-9 64th Street York Drive Vicksburg Avenue 2240-10 65th Street Utica Avenue Toledo Avenue UNIT AND SUB -UNIT STREET (36' WIDE) FROM TO 2240-11 Toledo Avenue 64th Street 65th Street 2240-12 Vicksburg Avenue 59th Street 60th Street 2240-13 Vicksburg Avenue 60th Street 61st Street 2240-14 Vicksburg Avenue Alley S. of 64th Street 63rd Street 2240-15 Vicksburg Avenue 64th Street 65th Street 2240-16 Wayne Avenue 60th Street 61st Street 2240-17 Wayne Avenue 61st Street Alley N. of 62nd St. 2240-18 York Avenue 58th Street 59th Street 2240-19 York Avenue 59th Street 60th Street 2240-20 York Avenue 60th Street 61st Street 2240-21 York Avenue 61st Street 62nd Street 2240-22 80th Street Akron Avenue Boston Avenue 2240-23 Akron Avenue 78th Street 79th Street 2240-24 S. 2 Grinnell N. Knoxville N. Indiana Avenue Street Avenue 2240-25 E. 2 Avenue S S. Loop 289 Alley N. of 73rd St. 2240-26 Dover Avenue Brownfield Hwy. Brownfield Drive 2240-27 S. 2 74th St. University Ave. Alley W. of Ave. X 2240-28 77th Street Avenue F U.S. 87 (Tahoka Hwy.) 2240-29 76th Street Avenue B Avenue D 2240-30 76th Street Avenue D U.S. 87 (Tahoka Hwy.) 2240-31 77th Street Avenue D Avenue F 2240-32 Avenue F 76th Street 77th Street 1028 MAY 13 198Z UNIT AND SUB -UNIT STREET (4,2' WIDE) FROM TO 2241-1 E. 2 Elgin Ave. 79th Street 82nd Street 2241-2 Avenue B 74th Street 76th Street UNIT AND SUB -UNIT STREET (46'WIDE) FROM TO 2242-2 74th Street Ash Avenue Avenue B UNIT AND TO SUB -UNIT STREET (52.',.WIDE) FROM 2243-1 Ash Avenue S. Loop 289 74th Street UNIT AND SUB -UNIT STREET (80' WIDE) FROM TO 2244-1 E. I,-, University 62nd Street 633' N. of 66th St. Avenue AND it is proposed to make and levy assessments against abutting property and the owners thereof and others for a portion of the cost of such improvements. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS, THAT: I. The Engineer of the City BE, and he is hereby directed to prepare and file with the City estimates showing cost of improvements in each Unit, showing the description of the property abutting upon each unit with the names of the owners of such property and the amounts proposed to be assessed against each parcel of property showing other matters and things, it being specially pro- vided, however, that any mistake in such estimates or in amounts and in the descriptions of property or names of owners shall in no wise affect, invalidate or impair any assessment which may be levied. II. Such estimates, rolls and statements shall show all information required to be shown thereon by the proceedings of the City relating to such improve- ments and the law and charter with amendments in force in the City, and by the provisions of Article 1105B, Revised Civil Statutes of Texas as amended by Chapter 281, Acts of the 52nd Legislature. This resolution shall take effect and be in force from and after its pas- sage. PASSED AND APPROVED THIS 13th day of May .._ , 1982. ATTEST: /S/ Evelyn Ga.ffga Evelyn Gaffga, City Secretary APPROVED AS TO CONTENT: /S/ Don Jennings Don Jennings, City Engineer /S/ Alan Henry ALAN HENRY, Mayor Pro Tem �182-41-1028-1623 Consider a resolution authorizing the Mayor to execute a Street (38) Use License to Lubbock National Bank for a portion of Texas Avenue (Block 104, Original Town). Rpqn1iition No. 1099 Lubbock National Bank is currently expanding their facilities and a portion of their basement will go under the sidewalk on the east side of Texas Avenue from 12.0'. This portion is appraised at $3.40 per square foot. The proposed license is a subsurface street use license, which allows the City to charge 10% of 60% of the fair market value for an amount of $847.87 for the first five year term. The lease will be for a twenty year period with payments every five years. Motion was made by Councilman Brown, seconded by Councilman Aderton to pass Resolution #1099. Motion carried: 4 Yeas; 0 Nays; Mayor McAlister absent. MAY 13 !,�04 1029 JWF:j s RESOLUTION NO. 1099 if 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 di- rected to execute for and on behalf of the City of Lubbock a Street Use License between the City of Lubbock and Lubbock National Bank of Lubbock, Texas attach- ed 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 ofMay_ , 1982. ISI Alan Henry ALAN HENRY, Mayor Pro Tem ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Tom Nivens Tom Nivens, Right of Way Agent APPROVED AS TO FORM: ISI J. WOrth Fullingim J. Worth Fullingim, Asst. City Attorney STREET USE LICENSE THE STATE OF TEXAS COUNTY OF LUBBOCK This indenture made this 13th day of May 1982, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and LUBBOCK NATIONAL BANK OF LUBBOCK, Lubbock County, Texas, hereinafter called "LICENSEE." WITNESSETH: Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license to use a portion of dedicated street, to - wit: a portion of Texas Avenue underneath the sidewalk thereof for expansion of its banking facilities classified as a subsur- face use at the following location: BEGINNING at a point which is the Northwest corner of Lot 6, Block 104, Original Town of the City of Lubbock, Lubbock County, Texas; THENCE West 12.5 feet to a point; THENCE North 66.5 feet to a point; THENCE East 12.5 feet to a point; THENCE South 66.5 feet to the POINT OF BEGINNING. The term of this grant shall be for five (5) years from date hereof, and shall be automatically extended for successive five (5) year terms not to exceed twenty (20) years in any event un- less either party shall give written notice of termination to the other party sixty (60) days before the expiration of the first, second, or third five (5) year term as the case may be, and the CITY OF LUBBOCK retains the right at its election to cancel and revoke this license with or without cause upon thirty (30) days notice to LICENSEE. Said notice shall be deemed pro- perly served if deposited in the post office, postage paid, addressed to LICENSEE at Lubbock National Bank Building, Lubbock, Texas 79401 or the last known address of LICENSEE. Upon expiration or cancellation and revocation of this license by the CITY OF LUBBOCK or the abandonment of the license by the LICENSEE, the improvements that are permitted under this license shall be removed by the LICENSEE and the property shall be restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or refuses to remove such improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall enter possession, and remove or cause to be removed such improvements and the expense incurred shall be assessed against LICENSEE for which LICENSEE shall be liable. 1. LICENSEE shall pay to the CITY OF LUBBOCK as a compen- sation for such grant the sum of EIGHT HUNDRED FORTY-SEVEN AND 87/100 ($847.87) DOLLARS cash in advance contemporaneously with the acceptance and execution hereof by LICENSEE for the first five (5) year term of this license, and thereafter such rate of compensation may be changed for each succeeding five (5) year term by the CITY OF LUBBOCK to a rate of compensation which is based on procedures and policies as established by the City Council of the CITY OF LUBBOCK based on an appraisal of the fair market value of such land by the Right of Way Department of the CITY OF LUBBOCK as applied to the formula for determining such rate established by the City Council. If such rate is not changed by the CITY OF LUBBOCK, the rate for the preceding five (5) year term shall apply. The CITY OF LUBBOCK shall notify the LICENSEE of any change in rates in writing ninety (90) days before the start of the five (5) year term to which such change in rate shall apply, and if such notification be not timely made then the rate for the preceding five (5) year term shall apply. 2. The LICENSEE agrees to pay all costs arising out of the exercise of this license herein granted, including but not limit- ed to the replacement and repairing of paving, sidewalks and utilities of any nature occasioned by the construction as autho- rized by this license. 3. In the event the CITY OF LUBBOCK determines that the existence of such use interferes with or causes the rerouting or realignment of any public utility, franchised utility, or sani- tary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK or franchised utility, LICENSEE agrees to reim- burse the CITY OF LUBBOCK, or such utility, as the case may be, for its expense of such relocating or rerouting over and above the expense which would have been incurred except for LICENSEE'S use herein. 4. This license is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 5. This license is made subject to the condition that should the LICENSEE exercise any right under the license herein granted and prepare or begin or complete any part of the construc- tion as herein contemplated across any or all of the above set out property, then and in that event said LICENSEE, his heirs and assigns, will at all times defend, indemnify and otherwise hold the CITY OF LUBBOCK, its agents, servants, and employees harmless from any and all claims, demands, actions, causes of action, suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this license or the construction or maintenance and use permitted herein. The CITY OF LUBBOCK, at its option, may require an agreement with any contractors hired by LICENSEE to perform the construction, repair or maintenance permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractor. The CITY OF LUBBOCK may further require such contractor, when engaged in the construction, repair or mainte- nance permitted herein, to furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond, in an amount and in the form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and conditions contained in said agreement and a certified copy of a policy of public liability assumed by contractor in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to incurring any costs or expenses or the payment of any such claims or demands in order to give LICENSEE a reasonable opportunity to settle or adjust the same. MAY I � Idoe 1031 6. LICENSEE agrees and is required to furnish a policy of public liability and property damage insurance, within limits specified by, and in a form satisfactory to the City Attorney for the CITY OF LUBBOCK and which names the CITY OF LUBBOCK as the insured, said policy covering the uses herein granted. 7. All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the successors, legal representatives, assigns and the duly authorized agents and con- tractors of the parties hereto to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the LICENSEE, its successors and assigns, shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance except as specified in Paragraph Four (4). 8. LICENSEE, by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are intended or implied except those expressly set forth herein and LICENSEE waives any and all claims in and to the public way it is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termi- nation or cancellation of this license. CITY OF LUBBOCK BY ISI Alan Henry ALAN HENRY, Mayor Pro Tem ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer AGREED TO AND ACCEPTED this 19 day of May 1982. LICENSEE: LUBBOCK NATIONAL BANK OF LUBBOCK, TEXAS BY 1, .I T)_ql7id CO3-3-1-Qr David Collier, President APPROVED AS TO CONTENT: ZS1 Don Jennings Don Jennings, City Engineer ZSZ J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas on this day personally appeared ALAN HENRY, NAYQ,r Pro ..Tem,,, 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 17th day of May , 1982. /S/ Olivia R. Solis Notary Public, Lubbock County, Texas J 9M 82-41-1032-1624 (39) THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas on this day personally appeared DAVID COLLIER, President of LUBBOCK NATIONAL BANK OF LUBBOCK, TEXAS, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated as the act and deed of said Bank. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 19th day of May 1982. /S/ Judy Stevens Notary Public, Lubbock County, Texas Consider a resolution authorizing the Mayor to sign a Joint Use of Easement Agreement (Block 2, Trades Addition). Resolution No. 1100 This agreement will allow Westland Corporation, who recently purchased Sutherland Lumber Company, to erect a steel frame, metal sided building over an existing utility easement located near Clovis Road and North Avenue Q, to be used as a flea market. The building will have "pop -off" sides to allow for immediate access to the utility easements in the event repairs are needed. The cost for the license is $150.00 for a 20 year period. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution 1100. Motion carried: 4 Yeas; 0 Nays; Mayor McAlister absent. JWF:mck RESOLUTION No.1100 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: I THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of said City a Joint Use of Utility Agreement with Westland Corporation attached herewith which shall be spread upon the minutes of the City Council and as spread upon the minutes of this Council shall consti- tute and be a part of this Resolution as if fully copied herein in detail. Passed this 13th - day of Ma /S/ Alan Henry ALAN HENRY, Mayor Pro Tem 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, Assistant City Attorney am 1033 JOINT USE OF UTILITY EASEMENT AGREEMENT STATE OF TEXAS COUNTY OF LUBBOCK COMES NOW the CITY OF LUBBOCK, a home rule municipality located in Lubbock County, Texas, herein called "City", acting through its Mayor hereunto duly authorized, and WESTLAND CORPORATION, whose principal office is located in Albuquerque, New Mexico, herein called "Westland", acting through its President hereunto duly authorized, and on this 13th day of May , 19 82, do hereby contract and agree as follows: WHEREAS, City was grantee of a utility easement for public utilities being fifty feet in width in Block 2, Trades Addition to the City of Lubbock, Lubbock County, Texas, as dedicated by Plat recorded in Volume 1359, Pages 990-998 (inclusive) of the Deed Records of Lubbock County, Texas, reference to which record is hereby made for all pertinent purposes; and, WHEREAS, Westland has requested the City to agree to a joint use of said utility easement with Westland, and City is agreeable to granting such request upon the terms and conditions as hereinafter set forth; NOW THEREFORE: KNOW ALL MEN BY THESE PRESENTS: I. That for and in consideration of the sum of ONE HUNDRED FIFTY AND N01100 ($150.00) DOLLARS cash in hand paid to City by Westland, City hereby grants a permission and license unto Westland to jointly use said utility easement with City and public utilities entitled to use said easement in order that Westland may construct improvements in connection with a first class flea market operation to be conducted by Westland so long as such construction does not interfere in any manner with the use and enjoyment of said utility easement by the City or public utilities entitled to use said easement. Such $150.00 consideration shall be paid in advance by Westland to City, and the terms of this grant shall be from year to year not to exceed twenty years without renewal by City and the City retains the right, at its election to cancel and revoke this permit and license with or without cause, upon six months notice to West- land. Said notice shall be deemed properly served if deposited in the post office, postage paid, addressed to Westland, 2300 Candelaria N.E., Suite 110, Albuquerque, New Mexico, 87107, or to last known address of Westland. This agreement may be cancelled in the same manner by the City upon any violation of this agreement by Westland or failure to perform any act or covenant required of Westland by this agreement. II. Upon termination of this agreement by its terms or by cancellation, Westland agrees to remove all improvements placed on said utility easement at its costs within 90 days after such termination or cancellation, and if such removal is not so accomplished, City at its election, without being obligated to do so, remove such improvements for which Westland will promptly pay upon presentation to them of a bill for costs of such removal by the City. Westland shall pay all expenses in connection with the grant of this permit and license, including, but not limited to, the cost of modifying or relocating the facilities of the City or any public utility now using and having access to said utility easement occasioned by the construction as authorized by this permit and license. IV. In the event the City of Lubbock determines that the existence of such use interferes with or causes the rerouting or realignment of any public utility, franchised utility, or sanitary or storm sewer line constructed or to be con- structed by the City of Lubbock or franchised utility, Westland agrees to reimburse the City of Lubbock, or such utility, as the case may be, for its expense of such relocating or rerouting over and above the expense which would have been incurred except for Westland's use herein. 9M This license is not transferable by Westland without first receiving the written consent of the City Manager of the City of Lubbock. WJ4 MAY 'J'J I'JVL. M This license is made subject to the condition that should the Westland exercise any right under the license herein granted and prepare or begin or complete any part of the construction as herein contemplated across any or all of the above set out property, then and in that event Westland, its successors and assigns, will at all times defend, indemnify and other wise hold the City of Lubbock, its agents, servants, and employees harmless from any and all claims, demands, actions, causes of action, suits at law or in equity of whatso- ever kind or nature which may grow out of or be related to the making of this license or the construciton or maintenance and use permitted herein. The City of Lubbock, at its option, may require an agreement with any contractors hired by Westland to perform the construction, repair or maintenance permitted herein, which agreement will indemnify the City of Lubbock from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractor. The City of Lubbock may further require such contractor, when engaged in the construction, repair or maintenance permitted herein, to furnish, without expense to the City of Lubbock, a reliable surety bond, in an amount and in the form satisfactory to the said City of Lubbock, guaranteeing the faithful performance of all the terms, covenants and conditions contained in said agreement and a certified copy of a policy of public liability assumed by contractor in said agreement with the City of Lubbock. The City of Lubbock agrees to give notice to Westland prior to incurring any costs or expenses or the payment of any such claims or demands in order to give Westland a reason- able opportunity to settle or adjust the same. k1a 0 Westland may be required by City at any time furnish a policy of public liability and property limits specified by, and in a form satisfactory to of Lubbock and which names the City of Lubbock as covering the uses herein granted. VIII. (at City's option) to damage insurance, within the City Attorney for the City the insured said policy All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the successors, legal representatives, assigns and the duly authorized agents and contractors of the parties hereto to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by Westland, its successors and assigns, shall be binding upon the City of Lubbock without the consent of the City of Lubbock in each instance except as specified in Section V above. 0 01.4 N Westland by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are intended or implied except those expressly set forth herein and waives any and all claims in and to the public way it is permitted to use hereby and agrees to give peaceful pos- session of said property covered herein upon termination or cancellation of this license. 0 Westland agrees to comply with all zoning and subdivision regulations and ordinances and all building code regulations and ordinances of the City of Lubbock in connection with the construction and uses authorized by this agree- ment. "M City reserves on its own behalf and on behalf of all said public utilities entitled to use and/or using said utility easement the right of ingress, egress, and regress to the utility easement area for the purpose of maintaining, con- structing, reconstructing, operating, and servicing any public facilities or public utility facilities placed or to be placed, located, or constructed in, upon, over, under, along, and across the utility easement area by City or any of said public utilities under the terms of said public utility easement. CITY OF LUBBOCK ALAN HENRY, Mayor Pro Tem ATTEST: IS/ Evelyn Gaffga- Evelyn Gaffga, City Secretary -Treasurer AGREED TO AND ACCEPTED this ___2.Qth_ day of May , 19-82--- WESTLAND CORPORATION BY: /S/ O.D. McDonald 0. D. McDONALD, PRESIDENT APPROVED AS TO FORM: /S/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney APPROVED AS TO CONTENT: /S/ Tom Nivens Tom Nivens, Right of Way Agent THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas on this day personally appeared BILL McALISTER, MAYOR, 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 17th day of May 1982. ISI Olivia R. Solis Notary Public, Lubbock County, Texas THE STATE OF NEW MEXICO § COUNTY OF Lubbock § BEFORE ME, the undersigned authority, a Notary Public in and for said County, New Mexico on this day personally appeared 0. D. McDONALD, PRESIDENT of said WESTLAND CORPORATION, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE this May -, 1982. 20th day of /S/ Buddy G. Rogers Notary Public, Lubbock County, New Mexico 82-41-1035-1625 Consider a resolution authorizing the Mayor to execute a contract (40) for the purchase of property in Block 2, Dupre Addition. *Field notes in folder Resolution No. 1101 At the 8:30 work session the Council was apprised of the proposed agreement to purchase the property located at 19th and Texas Avenue the current tenant being Gene Messer Ford. The purpose of the purchase would be to relocate the present Health Department which would allow for greater access to the citizens, to include the availability of public transportation. The property is owned by the Kuykendall family and the purchase price is $315,000.00, to be funded from 1982 Series Bond Funds which the voters approved in November, 1981. At the regular session the motion was made by Councilwoman Baker to pass Resolution 1101 authorizing the execution of the referenced contract to purchase the property located in the southwest corner of Texas and 19th and recommended that the archictect who was involved in the renovation plan of the building be hired to supervise the renovation for that proposed new Health facilities, the motion was seconded by Councilman Aderton. Motion carried: 4 Yeas; 0 Nays; Mayor McAlister absent. RHO RESOLUTION NO.1101 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 A 1 1982 1036 directed to execute for and on behalf of the City of Lubbock a Sales Contract for the purchase of land by said City from Vendors, Jo Ann Schneider Kuykendall, Roger L. Kuykendall, G. P. Kuykendall, John F. Schneider, Trustee and W. M. Knight, Trustee, 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 May , 1982. /S/ Alan Henry ALAN' HENRY, MAYOR PRO TEM 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 NOTE: 5/14/82 - Robert Massengale came by the office and said to "HOLD" this document and resolution as we are having some problems with the contract. /S/ E. SALES CONTRACT THE STATE OF TEXAS § COUNTY OF LUBBOCK § This Contract between Jo Ann Schneider Kuykendall, Roger L. Kuykendall, G. P. Kuykendall, John F. Schneider, Trustee and W. M. Knight, Trustee, hereinafter collectively called "VENDORS" and the CITY OF LUBBOCK, a Texas Home Rule Municipal Corporation of Lubbock County, Texas, acting through its Mayor hereunto duly authorized, hereinafter called "PURCHASER", by which Vendors hereby sell and agree to sell and convey to Purchaser and Pur- chaser agrees to buy and pay to Vendors for (in the amount of money hereinafter set forth) the hereinafter described property lying and being situated in Lubbock County, Texas, on the follow- ing terms and conditions: I. The Purchaser has agreed, and does hereby agree, to take by conveyance from Vendors a certain tract of land situated in Lubbock County, Texas, described as follows: All that tract of land described in Exhibit A attached hereto and made a part hereof. In consideration for the conveyance of which, Purchaser agrees to deliver to Vendors contemporaneously with the delivery of the deed below described, in cash the sum of THREE HUNDRED FIFTEEN THOUSAND AND N0/100 ($315,000.00) DOLLARS. Vendors agree to furnish at Purchaser's expense an owner's title policy in the amount of the purchase price to said property, which property shall be conveyed free and clear of any and all encumbrances, and said title policy shall contain no exceptions to defects in title other than the usual and customary exceptions contained in a standard Texas Title Policy Form. 0 MAY 13 1982 1037 Taxes on the real estate herein concerned shall be prorated between Vendors and Purchaser to date of closing of this sale. Risk of loss by fire, windstorm, any Act of God, explosion, Civil Commotion or riot, or loss by any other reason as regards structures existing on the premises herein concerned shall fall on the Vendors until the sale is closed and consummated, and thereafter such risk of loss shall fall on Purchaser. If any existing structure is damaged (for any reason) in whole or in part before this sale is closed and consummated, then Purchaser, at its option, may terminate this contract. IV. Purchaser agrees, within fifteen (15) days from the date the title company approves the title to consummate the sale. If there are title defects, Vendor shall have thirty (30) days to correct such title defects after being notified of such defects. In the event of failure by Vendors to furnish good and markable title, Purchaser may declare this contract null and void or Purchaser at its option may waive title defects and enforce specific performance of same; or Purchaser may enforce specific performance of same in event Vendors shall fail or refuse to consummate the sale. Vendors agree to deliver a good and sufficient General Warranty Deed properly conveying said property to said Pur- chaser, and Purchaser agrees, when said deed is presented, to pay the cash payment herein provided for. Vendors upon execu- tion of this contract by them shall immediately notify the tenants and/or occupants of the land herein concerned, including Gene Messer Ford, Inc., of the pending sale of such land, and Vendors specifically warrant and represent that there are no written or oral leases of said land recorded or unrecorded in existence and that all tenants or occupants thereof hold under a month -to -month occupancy or tenancy, including Gene Messer Ford, Inc. Vendors agree that monthly rent due to Vendors for the calendar month in which this contract is consummated. Vendors be prorated between Vendors and to dage of closing of this sale V. This agreement shall not become operative or effective un- til duly executed by both Purchaser and Vendors herein. It is agreed that this contract shall be consummated at the offices of Guarantee Abstract and Title Company, 1320 Texas Avenue, Lubbock, Texas. EXECUTED in duplicate originals as of the 30th day of April, 1982. /S/ Jo Ann Schneider Kuykendall Jo Ann Schneider Kuykendall /S/ Roger L. Kuykendall Roger L. Kuykendall Purchaser /S/ G.P. Kuykendall by Roger Kuykendall Atty.in fact. G. P. Kuykendall Isl John F. Schnieder John F. Schneider, Trustee ISI W. M. Knight W. M. Knight, Trustee CITY OF LUBBOCK BY ISI Alan Henry ALAN HENRY, Mayor Pro Tem ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer /S/ Tom Nivens Tom Nivens, Right of Way Agent THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority a Notary Public in and for said County, Texas, on this day personally appeared Jo Ann Schneider Kuykendall, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 3rd day of May . 1982. /S/ John F. Schneider Notary Public, Lubbock County, Texas THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority a Notary Public in and for said County, Texas, on this day personally appeared Roger L. Kuykendall, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he exe- cuted the same for the purposes and consideration therein ex- pressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 3rd day of May , 1982. /S/ Tom Nivens Notary Public, Lubbock County, Texas THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority a Notary Public in and for said County, Texas, on this day personally appeared G. P. Kuykendall, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he exe- cuted the same for the purposes and consideration therein ex- pressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 1982. Notary Public, Lubbock County, Texas THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority a Notary Public in and for said County, Texas, on this day personally appeared John F. Schneider, Trustee, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 3rd day of May , 1982. /S/ Tom Nivens Notary Public, Lubbock County, Texas +1-1039-1626 (41) THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority a Notary Public in and for said County, Texas, on this day personally appeared W. M. Knight, Trustee, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 3rd day of May 1982. /S/ John F. Schneider Notary Public, Lubbock County, Texas THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority a Notary Public in and for said County, Texas, on this day personally appeared Alan. Henry, Mayor Pro Tem of the City of Lubbock, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this of , 1982. day Notary Public, Lubbock County, Texas THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, on this day personally appeared Roger Kuykendall, known to me to be the person whose name is subscribed to the foregoing instrument as attorney in fact of G.P. Kuykendall and acknowledged to me that he subsctibed the name of G.P. Kuykendall thereto as principal and his own name as attorney in fact, and executed the same for the purposes and con- sideration therein expressed, and in the capacity therein set forth. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 3rd day of May , 1982. /S/ Tom Nivens Notary Public, Lubbock County, Texas Consider an ordinance abandoning and closing an alley in Lot 2, Methodist Hospital Addition, and Lot 16, Block 2, Frances Place Addition. Ordinance No. 8324 Methodist Hospital is expanding their parking facilities and replatting the property located at the corner of 21st Street and Joliet Avenue. The alley that they will need to buy is appraised at $6.00 a square foot which is deducted from the sale price inasmuch as the hospital was the original dedicator. The total sum involved is $5.088.00 to abandon and close the alley which they originally dedicated to the City. Motion was made by Councilman Aderton, seconded by Councilman Brown to pass this on first reading. Motion carried: 4 Yeas; 0 Nays; Mayor McAlister absent. JWF:da ORDINANCE NO. 8324 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTION OF ALLEY: AN ALLEY IN LOT 2, METHODIST HOSPITAL 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. 1 1 i 82-41-1040-1627 Consider an ordinance abandoning and closing an alley in Block 72, (42) Roberts and McWhorter Addition. zC NOTE: The proponent of the Ordinance No. 8325 closure of the alley referred to in Ord. No. 8325 has J-B Automotive Chemicals is replatting the property for storage indicated that he will it warehouses and request closure of the alley located north of not follow through the Clovis Road and south of Baylor Street. The total amount appraised closure The by the Tax Office for the property in question is 5,160 square feet process. for a total of $2,488.92. proponent is Mr. Ken Duncan, His Money has been returned and all indications of Motion was made by Councilwoman Baker, seconded by Councilman Aderton his closure are that the to pass the above ordinance allowing for the closure of the alley at ordinance will only have Clovis Road. Motion carried: 4 Yeas; 0 Nays; Mayor McAlister absent. onereading. JWF:js ORDINANCE N0. 8325 as related by Buddyy Rodgers/R-O-W 4/5/83 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTION OF ALLEY: AN ALLEY IN BLOCK 72, ROBERTS AND McWHORTER 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. 82-41-1040-1628 Consider a resolution authorizing bids for oil and gas leases on (43) City property. Resolution No. 1102 Under the Natural Resources Act, the City Attorney has apprised the Council that all Oil and Gas Leases on City property will need to be submitted for bids pursuant to the regular purchasing procedures as stipulated in the State Statutes. The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass this resolution authorizing the City to take bids and let bids for oil and gas leases on City property. Motion carried: 4 Yeas; 0 Nays; Mayor McAlister absent. Mayor Pro Tem Henry, who was presiding, queried the status of the Airport Board action taken on the Oil and Gas Exploration proposals on property adjacent to the Airport. From the Council Chambers, Mr. Billy Wolfe, Attorney for S.E. Cone, Jr. indicated that on March 20, he submitted a proposal before the Airport Board with the approval of Director of Aviation Marvin Coffee related to a 640 acre tract adjacent to the Airport; that they had received three previous proposals, none of which had been accepted; that the proposal for his client (Mr. Cone) offered a bonus of $100.00 per acre for a total of $64,000.00 with a 20% royalty of all oil and gas production; and the Airport Board on this date approved the proposal as submitted subject to the Legal Department approving the lease as to form; that they proceeded in accordance to the ordinance delegating certain authorities to the Airport Board. Subsequently, they were informed by the Legal Department that under the Natural Resources Act this particular transaction..would..need to..be.s.ubmitted.for.bids, in fact all City properties need to comply with this provision under the Act; that it now becomes a legal question which would need to be settled in the Courts and the present status is in a state of limbo as far as he knows; that on March 11, 1982, a lease was taken by Mobil Oil regarding properties in and around Shallowater and if one lease is null and void, then all the leases should be null and void; that the Airport Board acted under the authority delegated to them by the City Council and the action today is contrary to that directive under which they submitted their proposal. RESOLUTION NO. 1102 A RESOLUTION DETERMINING THAT IT IS IN THE BEST INTEREST OF THE CITY TO LEASE LANDS OWNED BY THE CITY OF LUBBOCK FOR MINERAL DEVELOPMENT AND AUTHORIZE THE CITY MANAGER TO GIVE NOTICE OF THE CITY'S INTENTION TO LEASE CITY LAND. WHEREAS, the City of Lubbock owns certain lands which may be developed for minerals; and WHEREAS, the City Council of the City of Lubbock is vested by law with management, control, and supervision of said lands; and WHEREAS, the City Council of the City of Lubbock has the right to lease MUM land pursuant to Art. 71.003 of the Natural Resources Code of the Texas Revised Civil Statutes; and WHEREAS, the City Council of the City of Lubbock has determined that it is advisable to lease land for mineral development and that such action would be in the best interest of the citizens of the City of Lubbock; NOW THEREFORE: BENT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock has determined that it is in the best interest of the citizens of the City of Lubbock to lease land owned by the City for mineral development; and THAT the City Manager is directed to inventory all land owned by the City and give notice of the City's intention to lease said land or parts thereof in accordance with Chapter 71 of the Natural Resources Code of the Texas Revised Civil Statutes. Passed by the Council this _13th day of May , 1982. /S/ Alan Henry ALAN HENRY, Mayor Pro Tem ATTEST: -/S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Denzel Percifull Denzel Percifull, Director of Public Services APPROVED AS TO FORM: ISI Susan M. Horton Susan M. Horton, Asst. City Attorney 82-41-1041-1629 Consider a resolution authorizing the Mayor to execute an Addendum (44) to the Building Lease Contract with the Lubbock County Appraisal *See Reso. #961 District. 11/12/81 Addendum in folder Resolution No. 1103 The addendum to the original contract with the Lubbock County Appraisal District (See Reso. #961, 11/12/81) is for additional 840 square feet in the southeast portion of the second floor of the Tax Office for the period of June 10 through August 6 to accomodate Appraisal Review Board meetings. The rental fee is $9.33 per working day, the payment to be made within 30 days of the last day that the area is used. The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass Resolution 1103 authorizing the addendum to the contract with the Lubbock County Appraisal District. Motion carried: 4 Yeas; 0 Nays; Mayor McAlister absent. DGV: CL RF.qC)T.TTTTC)N NO I 10q 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 Addendum between the City of Lubbock and the Lubbock County Appraisal District for the lease of building space to be used to house the staff and operations of the District, 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 May 1982. ISI Alan Henry ALAN HENRY,, Mayor Pro. Tem ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: 1042 MAY 131982 82-41-1042-1630 Consider final payment to K.V.B. Equipment Systems Division, Inc. (45) for continuous stack monitoring equipment installed at Holly Unit *See Bid #6132-1/22/81 #2. (Bid #6132, Ord. #8142). *See Ord. #8142 2/12/81 The City was required to install a stack monitoring equipment on Holly Unit #2 to comply with the Texas Clean Air Act. The original appropriation was in the amount of $104,000.00; K.V.B. Equipment Systems was the contractor in the amount of $93,800.00. The final payment is $12,260. The motion was made by Councilwoman Baker, seconded by Councilman Brown to authorize the final payment for the monitoring equipment. Motion carried: 4 Yeas; 0 Nays; Mayor McAlister absent. 82-41-1042-1631 Consider request of Bullard Furniture for installation of LP (46) gas tank at 2315 Avenue C. Bullard Furniture Company requested the installation of a LP gas tank at 2315 Ave. C for their propane powered vehicles. The Fire Marshall has inspected the site and recommends approval The motion was made by Councilman Aderton, seconded by Councilman Brown to grant this request. Motion carried: 4 Yeas; 0 Nays; Mayor McAlister absent. 82-41-1042-1632 Consider an ordinance amending Ordinance #8234 regarding amendments (47) for Oil and Gas Drilling Permits. The above matter was considered at the 8:30 work session at which time the Council was apprised by the Staff as to some of the concerns expressed by the oil operators in the oil and gas industry which is reflected below. At the regular session, those appearing and participating in the discussion were: Marion Key, Attorney, on behalf of El -Ran Oil Exploration Co. Jim Milam, Attorney, on behalf of Texland Petroleum, Inc. Billy Wolfe, Attorney, on behalf of S.E. Cone, Jr. Bill Ranck, El -Ran Corporation Steve Cone, Jr. Mr. Key being the first interested party to speak to the issue indicated that the -industry was being over regulated by the local authority and that the restrictions recommended in the ordinance was a restriction on private enterprise; that there was a definite need of a grandfather clause in the proposed ordinance because of the innumerable existing oil and gas leases which the respective operators held in preparation and anticipation of future development and exploration for production; that the requirement of well sites being 600' from existing residential structures/property (Sec. 19A-4) (B) (1) and the 300' requirement for a location of a well site from an existing Commercial Structure/property (Sec. 19A-4) (B) (2) is too restrictive and adjacent property owners have the right through the public hearing to speak up or to make their preferences known before the Council at that time; that restriction of oil/gas production is restriction of tax revenues from which the City benefits; he inquired whether or not the ordinance would pertain to City owned properties; that the 1320' radius requirement of platted properties is entirely too restrictive; he concurred that the clean- up period (Sec. 19A-13) should be changed to 30 days rather than the proposed 10. Mr. Milam likewise stressed the need for the grandfather clause stipulating that a reasonable time should be given to develop these existing leases that the respective operators now hold; that in response to Council query as to whether or not the ordinance needed further refinement and clarification, he expressed definite affirmative response adding that secondary recovery with injection wells has not been addressed at all; that the comment that the property owners are displeased with the location of the well site although they had entered into a lease with an operator - to regulate this is presumptious on the part of the Council for the commitment when they sign a lease is that there will be a well site and they are willing to participate in the benefits of such production and the location of the well site is immaterial; that in the event the Oil and Gas Lease has been mis- represented to them, then that would possibly be for Council consideration for revocation; that part of the problem is that the Oil and Gas Industry is unique in itself and possibly the City staff and Council members have not been apprised and acquainted with the intricacies of the industry. 1043 77 Mr. Wolfe added as a point of clarification that the individual property owner with mineral rights is paid surface damages at the time the drilling operation is in progress and therefore their inconvenience and objections have been remedied through this process. Mr. Bill Ranck of the El -Ran Corporation added as another point of clarification that many of the leases are not recorded as this is a device that the individual operator uses to not reveal to other operators the location or holder of the existing lease, and yet the lease has been executed and notarized which makes it a valid lease although not recorded with the County Clerk. Mr. Cone added strong objections to Sec. 19A-4 (D) as related to well sites being located within the 1320' radius of platted property. After considerable discussion, the motion was made by Councilwoman Baker to continue the discussion in work session and hold any further consideration of the item until the next Council meeting (May 27), realizing the problem on the moratorium (June 14) whereby the ordinance could be considered for second reading at the City Council Meeting on May 28; that if a grandfather clause is effectuated in the ordinance, that the pivotal date would be today (May 13) for the consideration of valid leases. Additional discussion ensued as to whether this meant "recorded leases" or "executed leases" the Council agreeing on the definition of "executed leases". With additional discussion in this regard, the motion was seconded by Councilman Aderton. Motion carried: 4 Yeas; 0 Nays; Mayor McAlister absent. The meeting was recessed for lunch at 11:57 a.m. The Council recessed at 2:00 p.m. for continuation of discussion on this subject in Work Session, the consensus being as follows: PREAMBLE OF PROPOSED ORDINANCE: The attorneys/operators requested that the following preamble which is in the present ordinance (8234) be reinserted in the proposed ordinance: WHEREAS, due to the nature of oil and gas and the processes involved in locating these resources, it is determined that oil and gas well drilling cannot be restricted by a zone area but may be a proper use in any area subject to safeguards and conditions. GRANDFATHER CLAUSE The attorneys/operators requested that a "grandfather clause" be inserted in the proposed ordinance because of the nature of the oil industry, involving the securing/purchase of oil/gas leases from landowners: A section "grandfathering" existing oil/gas leases held by the respective operator, the pivotal date being May 13, 1982; that the period of time for application would extend two years from the pivotal date of May 13, 1982; that each applicant bears the responsibility of designating which ordinance he is filing the application under (#8234) or (5/27/82); that an affidavit be executed by the applicant listing those leases executed and notarized but not recorded,, OR, those leases executed, notarized and recorded with the County Clerk prior to May 13, 1982, said affidavit being a part of the application; that a minimum of acreage to qualify under this provision would be twenty (20) acres executed "voluntarily" before force pooling the additional twenty (20) required acres for a valid production unit; that falsification of this information would be justifiable cause for revocation of the permit issued. SECTION 10A-4 (B) (1) - STANDARDS CONSENSUS: "No oil or gas well shall be located closer that 300' of an existing residential structure or property zoned. . ." SECTION 19A-4 (B) (2) - STANDARDS: CONSENSUS: "No oil and gas well shall be located closer than 200' of an existing commercial structure or property zoned SECTION 19A-4 (B) (3) - STANDARDS: CONSENSUS: 1044 MAY 13 198Z "When 100% written consent of real property owners within 300' of existing residential structureor within 200' of existing commercial structure cannot be secured, but 80% OR MORE IS SECURED, THE City Council may approve a permit in accordance with this chapter by a concurring vote of four members (4/5ths)**. . . **There was considerable discussion (all day long) about the 4/5th vote required of the Council as related to this section, and the need for it . The attorneys/operators thought this provision was redundant. City Attorney Ross indicated that the Council has the right to deny the permit or to place any condition in the permit as related to property owners' consent. There was not a clearly stated CONSENSUS on this particular portion of the stated section. SECTION 19A-4 (C) - STANDARDS CONSENSUS: . . . One opening through the tree screen of not more than 20' shall be allowable at one side of the enclosure to allow access to a service entrance for the pump unit. SECTION 19A-4 (D) - STANDARDS CONSENSUS: Delete the entire section SECTION 19A-4 (E) - STANDARDS CONSENSUS: "No oil and gas storage facility or separator shall be located in a platted (approved by the Lubbock Planning and Zoning Commission) residential subdivision or within 300' of an existing residential structure or property zoned, or 200' of an existing commercial structure or property zoned without the written permission of the owner/owners thereof" "In the event the written permission (100%) cannot be attained but 80% can be attained, the 4/5th vote of the Council would be required." SECTION 19A-4 (G) - STANDARDS: DISCUSSION: "Each written permissionrequired herein shall be provided as part of the permit application." The staff felt that a phrase be inserted application according to the terms of the lease." The attorneys/operators position indicated that this matter was already covered in the lease, and the lease itself, and the terms and conditions stated therein, constituted WRITTEN PERMISSION; that a valid oil and gas lease shall constitute an automatic written permission for the purposes of this ordinance. CONSENSUS: The staff will incorporate those portions (underscored) in the revision. SECTION 19A-13 - PITTS, REQUIRED TYPE, REMOVAL DISCUSSION The attorneys/operators indicate that the 10 days requirement for removal of the pit at the drilling site be altered to 30 days to allow more time with less hazards in this phase of the drilling/operation procedures. CONSENSUS: Such pits and contents shall be removed from the premises and drilling site within 30 days after completion of the well N 7 SECTION 19A-17 - STORAGE TANKS, SEPARATORS TYPES: REQUIREMENTS: CONSENSUS: (A) . . . A permittee may use, construct and operate a steel conventional separator, and such other steel tanks and appurtenances . . . to be so constructed and maintained as to be vapor tight, with appropriate safety or pressure release Devices. SECTION 19A-24(C) - UNITIZATION (Subheading: Result of Non -ratification of Production Unit) DISCUSSION: There was considerable opposition from the attorneys/ operators regarding the term "substantially" (mid -paragraph); also, the discussion reflected that the respective operator could negotiate with the landowner of mineral rights various terms and conditions which were individually unique; that the Railroad Commission uses the base royalty rate of "not less than 1/8th". CONSENSUS: I I . . . .1 if all leaseholders and other owners having interests in said tract or tracts in the Production Unit execute and deliver to Applicant a valid oil and gas lease with royalty provision not less than 1/8th covering such tract using a form of lease that is in substantially (DELETE) the same form as filed and approved. . . T SECTION 19A-25 - PENALTIES, FINES: FORFEITURE: REVOCATIONOFPERMIT: DISCUSSION: The Staff felt that there should be a more emphatic "cease and desist" provision in the ordinance for violations. This is referred to (lightly) in the designated section, to -wit: In addition to the foregoing penalities, it is further provided that the City Council at any regular or special session or meeting thereof may, provided ten days notice has been given to the permittee that revocation is to be considered at such meeting, revoke or suspend any permit issued under this chapter and under which drilling or producing operations are being conducted, in the event the permittee thereof has violated any provision of such permit, such bond, or this chapter. The Council reconvened at 1:10 p.m., following lunch to complete Agenda Items. 32-41- 1045-1633 Hold a public hearing on the Application of Texland Petroleum, (25) Inc. for an Oil and Gas _Drilling Permit designated as L. Edwin Smith #4 well site. *Pub. Notice pg. 1406 A In accordance with the notice published in the Lubbock Avalanche - Journal, a public hearing was held on the above matter. The hearing was called to order at 1:20 p.m. Proponent is Dub Bratcher, Attorney for Texland Petroleum, Inc. The applicant indicated that all necessary documentation had been filed in the appropriate manner and that he had conferred with Staff members regarding certain questions that he had and certain conditions they are recommending for the Council's consideration. The well site location is north of City View Addition and west of the Country Club Area, near the Neil Wright Elementary School. The proposed oil storage area is adjacent to an existing tank battery at the southwest corner of the production unit. Texland is the sole lease holder in this application. Director of Planning Jim Bertram apprised the Council that the area is in R-1 single family zoning district and under the current policy would be in a "T" (transitional) area. The nearest residential structure is over 2000' east and 2000' to the southwest is a farm house across the railroad tracks. It is within a primarily agricultural area. The ingress/egress to the well site would be from Kent Street and access to the tank batteries would be from Paris Avenue through a residential area adjacent to a school; the truck traffic could be somewhat of a nuisance in the residential area. 1046 MAY 13 198Z The Staff recommends the following permit conditions be directed if the permit in fact is issued: 1. That the Fire Department be notified in writing one week before the completion of the drilling operation for proper inspection for equipment standards. 2. A chain link security fence be installed around the pump jack. 3. That the applicant install a 3000 lb. blowout preventer, said preventer to be tested a minimum of 3000 lbs after the surface casing is set and approximately at 100' prior to entering any high pressure strata as recorded by the Texas Railroad Commission. 4. The applicant use steel sludge pits. 5. That the applicant dispose of all sludge and waste material in a location that has been filed with the application and is designated in Tarrant County, Block D, Sec. 1134 SK&K Survey. 6. That the applicant install an 8' chain link security fence around the oil tank storage facility and provide landscaping in the form of 8' pyramidal trees planted on 6' centers on the south and east sides of the storage tanks, said plant materials to be permanently maintained by the permittee. 7. That no hydrocarbon lubricant (waste oil) be used to free -up the hole during the drilling or a minimum of the first 500' of drilling. 8. That the flow lines from the well storage facility be buried a minimum of 36" below the surface. 9. At the completion of all drilling operations, the site shall be restored to its natural contour including the replacement of original topsoil. 1O.The applicant shall meet all other conditions of the ordinance and those standards specified in the application unless such standard are in conflict with the above stated conditions. There being no opposition and no discussion, the hearing was closed at 1:30 p.m. 82-41-1046-1634 Consider authorizing issuance of Oil and Gas grilling Permit to (26) Texland Petroleum, Inc. for well site designated L. Edwin Smith #4. The motion was made by Councilman Aderton, seconded by Councilwoman Baker to issue an Oil and Gas Drilling Permit to Texland Petroleum, Inc. for well site designated L. Edwin Smith #4 subject to the conditions of the Permit as outlined above and recommended by Staff. Motion carried: 4 Yeas; 0 Nays; Mayor McAlister absent. 82-41-1046 1635 Hold a public hearing on the application of Leeper Oil Exploration (27) and Production, Inc. foran Oil and Gas Drilling Permit designated Pub. Notice Ias Raybon Unit #1 I !pg. 1046-A In accordance with the notice published in the Lubbock Avalanche - Journal, April 28, 1982, a public hearing was held on the above matter. The hearing was called to order at 1:32 p.m. Proponent: David Leeper on behalf of Leeper Exploration Co. Bob Meador The applicant indicated that all the necessary documentation had been filed in the appropriate manner; that he had met and conferred with the Staff and was apprised of the various concerns that they had and the proposed conditions they had recommended to the Council; that the applicant is the sole lease holder on the properties in the production unit. 1046 A 11 F THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Bonnie McKee a Notary Public in and for Lubbock Count personally appeared Twi I a Fo I some Account Manage r of the So pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evenin being by me duly sworn did depose and say that said newspaper has been published co than fifty-two weeks prior to the first insertion of this Lega 1 Noti co-151 w Per word-$40.77 No. 549093 at Lubbock County, Texas am ed copy of the Notice is a true copy of the original and was pri Avalanche -Journal on the following dates: Ao ri 1 28 9 1982 K1980 Account Manager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this28th day of April , 19 82 BONNIE fACKEE. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS FORM 58-10 ANY CC"l' 'SS1ON EXPIRES NOV. le, 1984 2" - - f� THE STATE OF TEXAS COUNTY OFBUnniec McKee Before me a Notary Public in and for Lubbock personally appeared Twi 1 a Fo 1 somy Account Manager of pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, 1 being by me duly sworn did depose and say that said news aper has been publis than fift t we kks prior to the first inser f t is Legal Notice-1 wo ri-Sw°�1. �6 No.'bi2' at Lubbock County, Te ed copy of the NotlCe is a ruecgpy j98j original and ti Av1yi1i�Journal on the following dates: ..i Account Manager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this bth day of May i4p ,,gip-K.EF NQTAFW Pl18UC f :)R THE STATE OF TEXAS FORM 58-10 s'SS�CA? SPIRES PdOV. 10, 1984 ay pa- ho ,re nt- ck �II�,9 MAY 7 1982p CITY SECRETARY 1046 B THE STATE OF TEXAS COUNTY OF LUBBOCKA P� Before me ISMIA MCK4141 a Notary Public in and for Lubbock Count;' personally appeared Twj_ I& Folsom* Account Manager of the So us�s}Toa��.owc� � pers Corporation, publishers of the Lubbock Avalanche -.Journal — Morning, Eveni►r �crroco�a�s� IN�a P R A�P ��s 0•'w being by me duly sworn did depose and say that said newspaper has been published co uti�a°oa,�rs than fifty-two weeks prior to the first insertion of thisvi wst"d-"14.12 No. 5537"4 at Lubbock County, Texas an ed copy of the Hatic* is a true copy of the original and was pri g , . Avalanche Journal on the followin dates:U-3! I S & 512 * 1. �°,..���"v. Account Nimoger LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation LI MAY 13 1982 1047 �71 L"'! 7 I Mr. Meador spoke briefly about the privilege he had to work with the property owners, many of whom were present in the Council Chambers and he appreciated the Council's consideration in allowing these people to enjoy the potential of this production which would benefit them. Director of Planning Jim Bertram indicated that the site was located in C-4 (Heavy Commercial) zoning district; that the area of the production unit was bordered by 1-27 on the west and future industrial sites on the northeast; that the closest single family residence is facing Ash Avenue and is 180' from the proposed well site; that traffic would cause minimal impact on the streets with access from Ash Avenue or from 1-27 frontage road; that both the well site and the storage tank area would be landscaped. The recommended conditions that were made for the Council's consideration were: 1. The Fire Department shall be notified in writing one week before the drilling of the well for proper inspection and fire equipment standards. 2. That an 8' cyclone fence shall be installed surrounding the pumping unit. 3. A landscape screen of 8' pyramidal shaped evergreen trees shall be planted on 6' centers; a 15' space shall be allowed for the gate for service vehicles and all plant materials shall be permanently maintained by the applicant. 4. The applicant shall install a 3000 lb. blowout preventer said preventer to be tested a minimum of 3000 lbs after the surface casing is set and again approximately 100' prior to entering any pressure strata recorded by the Texas Railroad Commission. 5.That the applicant dispose of all sludge and waste material upon completion of the drilling, said legal description being filed with the Planning Department on 5/13/82. 6.Because of the proximity to the residencies and commercial buildings, the applicant shall use steel sludge pits during drilling operations. 7.The tank storage site to be fenced with 8' cyclone fence, landscaping in the form of 8' pyramidal evergreen trees planted on 6' centers shall be planted around the storage site and the applicant is responsible for permanent maintenance plant material. 8. No hydrocarbon lubricant (waste oil) shall be used to free -up the hole during drilling for a minimum of the first 500' of drilling depth. 9.The flow lines between the wells and storage tanks shall be buried a minimum 36" below the surface. 1O.The drill site shall be restored to its natural contour including the replacement of the original topsoil. 11.The applicant shall meet all other conditions of the ordinance and those standards specified in the application, unless the application standards conflice with the above stated conditions. There being no discussion and no opposition, the hearing was closed at 1:35 p.m. 82-41-1047-1636 Consider authorizing issuance of Oil and Gas Drilling Permit to (28) Leeper Oil Exploration & Production, Inc. for well site designated Raybon T1_. The motion was made by Councilman Brown, seconded by Councilwoman Baker to issue an Oil and Gas Drilling Permit to Leeper Oil Exploration, Inc. for a well site designated as Raybon #1 subject to the conditions outlined above and recommended by the City Staff. Motion carried: 4 Yeas; 0 Nays; Mayor McAlister absent. 1048 MAY 131 ,82741-104,8"1637 Consider claims against the City a. Claim No. 81-C-532 American Bank of $3000.00 Commerce,Wolfforth,TX. Mistaken destruction of wrong house The motion was made by Councilman Brown, seconded by Councilwoman Baker to APPROVE the above referenced claim. Motion carried: 4 Yeas; 0 Nays; Mayor McAlister absent. b. Claim No, 82--C-585 Jerry D. -1:iartin $100.00 Car damaged when driven over chuckhole -Motion was made by Councilwoman Baker, seconded uy Councilman Brown, to DENY the above referenced claim. Motion carried: 4 Yeas; 0 Ndys; Mayor McAlister absent. c. Claim No. 80-C-404 Mavis Shipman $1,027.02 water damage to home while occupant was away Motion was made by Councilman Brown, seconded by Councilwoman Baker to APPROVE the above referenced claim. Motion carried: 4 Yeas; 0 Nays; Mayor McAlister absent. d. Claim No. 82-C-586 Joan M. Jackson $370.00 Sewage overflow in rent house. Motion was made by Councilman Brown, seconded by Councilwoman Baker to DENY the above referenced claim. Motion carried: 4 Yeas; 0 Nays; Mayor McAlister absent. 2-41-1048-1637 Consider Bid #6790 for miscellaneous electric items (warehouse stock) (49) Item 1,6, 7 Temple, Inc. Lubbock, TX. Items 2,3,4 Nunn Electric Supply Corp. 8,12,13 Lubbock, TX. Items 5,9,10 Fields & Company Lubbock, TX. Item 11 No Bid 82-41-1048-1638 Consider Bid #6797 for miscellaneous water main tapping sleeves (50) and valves (warehouse stock). Items 1,4,5,6,9 M.B. McKee Co. 12,13,14,15,16,18 Lubbock, TX. Items 2,3,8,10,11 Trans -Tex Supply Co. Odessa, TX. Item 7,17 C & C Municipal Supply Lubbock, Tx. 82-41-1048,-1639 Consider Bid #6795 for miscellaneous water items (warehouse stock). (51) Items 1,5,6,19 Trans -Tex Supply Co. Odessa, TX. Items 2,3, C & C Municipal Supply Co. Lubbock, TX. Items 4,7,9 M.B. McKee Co. Lubbock, TX. Item 8 The Rohan Co. Waco, TX, Items 10,11,12,13,14, Western Industrial Supply Co. 15,16,17,18,20,21,22 Amarillo, TX. MAY IS 1984 1049 82-41-1049-1640 Consider Bid #6798 for lighting materials (Civic Center) (52) Items 1,2 Fields & Co. Lubbock, TX. 82-41-1049-1641 Consider Bid #6820 for miscellaneous pipe, valves and fittings (53) (water utilities). Item I C & C Municipal Supply I J Lubbock, TX. 82-41- 1049-1642 Consider Bid #6754 for miscellaneous shop equipment (Parks & (54) Recreation Dept.), (Canyon Lakes Bond Funds). Items 1,2,3, Brandon -Clark Electric Co. Lubbock, Tx. Items 4,6 Deleted Items 7,8,9,13,15, No Bid 16,17,19,20 Items 10,11,12,14,18 Lubbock Automotive & Industrial Equip. si Lubbock, TX. 82-41-1049-1643 Consider Bid #6665 for diesel engines and transmissions (new (55) and repairs) to establish prices for period of one year (Garage New Diesel Engines Complete Items 1,2,4 Stewart & Stevenson Services, Inc. jk Lubbock, TX. Items 5,6,8,9,3 No Bid Item 7 West Texas Equipment Co. Lubbock, TX. Items 10,11,12 South Plains International Truck Co. Lubbock, TX. New Diesel Engine Including Complete Installation Items 1,2,4 Stewart & Stevenson Services, Inc. Lubbock, TX. Items 3,5,6,8,9. No Bid Item 7 West Texas Equipment Co. Lubbock, TX. Items 10, 11, 12 South Plains International Truck Co. is Lubbock, Tx. New Head, Crankshaft, Engine Block & Camshaft Items 1,3,4,7,8, South Plains International Truck Co. 9,10,11 Lubbock, TX. Item 2 Stewart & Stevenson Services, Inc. Lubbock, TX. Item 6 West Texas Equipment Co. Lubbock, TX. Exchange Diesel Engines (Factory Rebuilt Less Trade-in of Old Engine Items 1,4,7,8 Stewart & stevenson Services, Inc. Lubbock, TX. Items 2,9,10 South Plains International Truck Co. Lubbock, TX. Items 3,5,6,11 No Bid Complete Rebuild Diesel Engines (in shop Including Parts Minus Crankshaft, Camshaft & Engine Block Assembly Items 1,2,3,5,6, South Plains International Truck Co. 8,9,10,11,12 Lubbock, TX. Item 4 No Bid Item 7 West Texas Equipment Co. Lubbock, TX. MAi 1 � NO(- 1050 Complete Rebuild of Diesel Engines (in shop) Includin Crankshaft, Camshaft, and Engine Block Assembly Items 1,2,3,5,6,8,9 South Plains International Truck Co. 10,11,12 Lubbock, TX. Item 7 West Texas Equipment Co. Lubbock, TX. Repairs Other Than Exchange or Rebuild Item 1 South Plains International Truck Co. Lubbock, TX. Exchange Allison Transmission Items 1,3,4,5,7,8,9 Stewart & Stevenson Services, Inc. Lubbock, TX. Item 2 ARA Matador Transmission Lubbock, TX. Item'6 No Bid Labor to Remove, Replace & Adjust Item 1 - 9 ARA Matador Transmission Lubbock, TX. New Allison Transmission Complete With Torque Converter Items 1-9 No Bid New Converter for Allison Transmission Items 1-9, Stewart & Stevenson Services, Inc. Lubbock, TX. Completely Rebuild Allison Tramsmissions (in Shop) Items 1-9 ARA Matador Transmission Lubbock, TX. Estimate of Time Required to Exchange or Rebuild Item 1 South Plains International Truck Co. Lubbock, TX. Item 2 No Bid Repairs Other Than Exchange or Rebuild Item I South Plains International Truck, Co. Lubbock, TX. Repairs on Drive Line and/or Rear End Item 1 South Plains International Truck Co. Lubbock, TX. Repairs On All Springs Item 1 South Plains International Truck Co. Lubbock, TX. Parts and Labor to Repair Raygo Compactor Item I Associated Supply Co. Lubbock, TX. 82-41- 1050-1644 Consider Bid #6811 for repairs of landfill compactor (Sanitation). (56) Item 1 Associated Supply Co. Lubbock, TX. MAY 13 1982 1051 N �7' 82-41-1051-1645 Consider Bid #6803 for six submersible pumps at Sandhills well (57) field (Water Utilities),and authorize same. Resolution No. 1104 Acceptance of work done & authorizing final payment. 1/27/83 Item 1 Twin City Machines Farwell, TX. JWF:da RESOLUTION NO. 1104 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract to be entered into by and between said City and Twin City Machine Works for the purchase and installation of six submersible pumps and motors attached here- with which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 13th day of May 1982. /S/ Alan Henry ALAN HENRY, Mayor Pro Tem ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Guy Wilson Guy Wilson, Water Utilities Engineer ISI J/ Worth Fullingim J. Worth Fullingim, Asst. City Attorney 82-41-1051-1646 Consider Bid #6800 for demolition of two buildings at 2017 - 14th (58) Street (Housing Standards), and authorize same. Resolution No. 1105 Item 1 C & W Housemovers Lubbock, TX. Mr. Floyd Nesbit appeared and indicated all Bids were low bids as indicated and met specifications. The motion was made by Councilman Aderton, Seconded by Councilman Brown to approve the above bids and to pass Resolutions No. 1104 and 1105. Motion carried: 4 Yeas; 0 Nays; Mayor McAlister absent. SMH:da RESOLUTION NO. 1105 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract be- tween the City of Lubbock and C & W House Moversattached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of 1052 MAY 13 W 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 May 311982. ATTEST: /8/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Jerrel Northcutt Jerrel Northcutt, Zoning Administrator APPROVED AS TO FORM: /S/ Susan M. Horton Susan M. Horton, Asst. City Attorney ISI Alan Henry ALAN HENRY, Mayor Pro Tem, 82-41- 1052-1647 Consider one appointment to the URBAN RENEWAL AGENCY, Requirements: (59) Resident of the City of Lubbock and a property owner. Pete Lara 8104 Avenue U 745-7543 Lubbock National Bank 762-8800 Ex. 436 Term: 5/13/82 - 11/26/83 82-41- 1052-1648 Consider two appointments to the Board of Examiners and Appeals. The (60) terms of T_eonDavidson and Bill Cox expire 6/l/82. Appointed: E. Hoyse McMurtry 3813 - 27th (10) 799-3368 Architect 3408 - 32nd (10) 795-5544 Reappointed: Leon Davidson 4801 - 87th (23) 794-5288 Snook & Aderton 1702 Avenue F (01) 763-9323 Term: 5/13/82 - 6/l/86 82-41-1052-1649 Consider two appointments to the HUMAN RELATIONS COMMISSION. (61) The terms of Mark Bass and Dennis Brice expire 5/25/82. Appointed: George W. Carpenter 3803 - 27th (10) 799-3514 Armstrong Mechanical 710 E. 40th (03) 747-4217 Co. Reappoint: Dennis Brice 5430 - 15th (16) 797-6456 Goodwill Industries P.O. Box 2902 (08) 744-8419 Term: 5/13/82 - 5/25/85 The motion was made by Councilman Aderton, seconded by Councilwoman Baker to accept the above appointments. Motion carried: 5 Yeas; 0 Nays; Mayor McAlister absent. MAI 'JJ8Z 1053 At 3:23 p.m. the motion was made by Councilman Aderton, Seconded by Councilwoman Baker to adjourn the meeting. Motion carried: 4 Yeas; 0 Nays; Mayor McAlister absent. ATTEST: Evelyn Gaffga, City So 11� y-Treasurer READ AND APPROVED THIS ATTEST: E'Velyn Gaff lb�,--Ci--CYStec reas eir 17, AL Afi HENRY, Mayor P 6m 1054 82-41-1054-1650 ( 1) 82-41-1054-1651 ( 2) 82-41-1054-1652 ( 3) CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING MAY 27, 1982 �k�ksk�k�kxx3k::x>cx�kx�kx�cx�cxxx9c:csk4c4c�kx�kx�k>k:c4c:c4c�k�k�c4c>k�cx�k�k�c�ksc:c:c�k4c�k�k�cx4cx:c4cx>c�kxx4c9c�k�k�k�k�k4c�c4c�k�k9c At 8:30 a.m.,the Mayor announced that an Executive Session would be held to consider matters of land acquisition and pending litigation. This announcement is in accordance with Section 2-F, Article 6252-17, V.A.T.S. Scxx9c9cx3c�kxxsk�r�c:c>k4c'c4cx'.c�<�c4c:c�kxx:c�kx9c9c>c�k3c�c9c:k�c9c4c:c:c�c�k�k�kx4c4c�cx9c4c�k:c�:x9cxx4cs<x�cx9c�k�cx�k.�<4cx�k�kx4cx The City Council of Lubbock, Texas, met for its regular meeting Thursday, May 27, 1982, 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. The invocation was given by City Manager Larry Cunningham. The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chambers. Approval of Minutes - Regular Meeting, May 13, 1982. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to approve the minutes of the above stated meeting. Motion carried: 5 Yeas, 0 Nays. 82-41-1054-1653 Board Appointments ( 4) Pete Lara Urban Renewal Agency E. Hoyse McMurtry Board of Examiners and Appeals (Building) George W. Carpenter Human Relations Commission Proclamations 82-41-1054-1654 "June Dairy Month" - June, 1982. ( 5) Receiving: Mrs. Patricia Smithee, Associated Milk Producers, Inc. Ms. Carol Tereshkovic, Associated Milk Producers, Inc. 82-41-1054-1655 "Recreation and Parks Month" - June, 1982. ( 6) Receiving: Dave Kamp, Director of Parks & Recreation Board 82-41-1054-1656 "Priest Appreciation Day" - June 6, 1982 ( 7) Receiving: Father Sweeney 82-41-1054-1657 "Lubbock Emancipation Juneteenth Month" - June, 1982 ( 8) Receiving: Harold Chatman Rickey Childers 82-41-1054-1657a "Duddy Pollies Sale Days" - May 28-29, 1982 ( 8a) Receiving: Joseph J. Conley, Incoming Post Commander for #2466 82-41-1054-1657b "Texas Public Employees' Week" - June 6-12, 1982 ( 8b) Receiving: Brenda Patterson Woody Marcy Louis Trejo 82-41-1054-1658 Airman of the Month RPraivino, AlC Samuel S. Scherer