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HomeMy WebLinkAboutMinutes - City Council - Regular - 7/22/1982 (3)1158 a 4, , 11�4 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING JULY 22, 1982 At 8:37 a.m., the Mayor announced that an Executive Session would be held to consider land acquisition. This session will be held in accordance with Section 2F, Article 6252-17, V.A.T.S. The City Council of Lubbock, Texas met for its regular meeting Thursday, July 22, 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, Councilwoman Joan Baker, Councilman M. J. Aderton, City Manager Larry Cunningham, City Attorney John C. Ross, Jr., and City Secretary -Treasurer Evelyn Gaffga. Absent: None 82-41A-1158-1801 The invocation was given by Denzel Percifull, Director of Public Services. (1) 82-41A-1158-1802 The Pledge of Allegiance to the Flag was given in unison by those present in (2) the Council Chambers. 82-41A-1158-1803 Approval of Minutes - Regular Meeting, July 8, 1982. (3) The motion was made by Councilman Aderton, seconded by Councilwoman Baker to approve the minutes as amended for the above stated meeting. Motion carried: 4 Yeas; 0 Nays; Mayor Pro Tem Henry was absent from the Chambers. 82-41A-1158-1804 Airman of the Month (3a) Receiving: AlC Paul G. Ramsey 82-41A-1158-1805 Stan Williams, Coach of the Barter Systems, Inc. Girls Softball Team (3b) (ages 13-15), appeared before City Council to present the City of Lubbock with the trophy for third place which they won in state-wide competition. Mayor Bill McAlister accepted the trophy for the City of Lubbock. 82-41A-1158-1806 (4) 82-41A-1158-1807 (4a) *Letter from Asst. Mgr. Chamber of Commerce, Certificate of City Secretary, Resolution passed by L.I.D.C. are on file with Resolution No. 1143) Representative of the Lubbock Industrial Development Board will present two applications for industrial development revenue bonds: a. Ryder Truck Lines, Inc. Resolution No. 1143 Ryder Truck Lines has made application to the Lubbock Industrial Development Corporation for consideration of industrial revenue bonds for the purpose of securing additional properties for expansion. George Miller, Vice -President of the Lubbock Industrial Development Board, apprised the Council that Ryder anticipated buying the old TIME-D.C. terminal on Texas Avenue for the purpose of expansion. Their application was considered and approved by the Board on July 7. This is, in essence, an inducement resolution. RESOLUTION NO. 1143 A RESOLUTION by the City Council of the City of Lubbock, Texas, ratifying, confirming and approving a commitment of the Lubbock Industrial Development Corporation to participate in the financ- ing of an industrial development project for Ryder Truck Lines, Inc. WHEREAS, the Board of Directors of the Lubbock Industrial Development Corporation (the "Corporation") has passed and adopted a resolution accepting an application from Ryder Truck Lines, Inc. (the "Company") and agreeing to 1159 82-41A-1159-1808 (4b) *Ten copies of the General Certificate located in file terminal for the Company, a regulated common carrier, a copy of such resolution being attached hereto as exhibit A; and WHEREAS, the Corporation has requested the City Council to ratify, confirm and approve its commitment to the Company to participate in the financing of such industrial development project; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1: That the commitment of the Corporation to Ryder Truck Lines, Inc. to participate in the financing of an industrial development project, evidenced by the resolution of the Board of Directors of the Corporation attached hereto as Exhibit A, is hereby ratified, confirmed and approved, and said Corporation and Company may proceec with the arrangements of the financing of said project as authorized and permitted by the Development Corporation Act of 1979, as amended. SECTION 2: That any bonds, or other obligations, issued as a result of said commitment of the Corporation shall not constitute a debt of the State of Texas, the City of Lubbock, Texas or any other political corpora- tion, subdivision or agency of the State of Texas or a pledge of the faith and credit of any of them, but any such bonds or obligations shall be payable solely from those funds derived and resulting from, and all agreements by and between the Corporation and the Company, and all such bonds or obligations issued shall contain on their face a statement to the effect that neither the State, the City nor any political corporation, subdivision or agency of the State shall be obligated to pay the same or the interest thereon and that neither the faith and credit not the taxing power of the State, the City, or any political corporation, subdivision or agency thereof is pledged to the payment of the principal of or interest on such bonds. PASSED AND APPROVED, this 22nd day of July, 1982. /S/ Bill McAlister Mayor, City of Lubbock, Texas ATTEST: /S/ Evelyn Gaffga City Secretary, City of Lubbock, Texas APPROVED AS TO FORM: ISI Donald G. Vandiver Assistant City Attorney (Resolution passed by the Lubbock Industrial Development Corporation and the Certificate of the City Secretary are contained in the original file.) b. Evans Tank Company Resolution No. 1144 This action will approve the issuance of $4,000,000 in industrial revenue bonds, previously approved, for the expansion and development in their business. This phase of the entire proceedings was also approved by the Lubbock Industrial Development Board on July 7. The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Resolution 1143 authorizing the inducement resolution to Ryder Truck Lines, Inc. regarding their$400,000 expansion, and to pass Resolution 1144 as final authorization to Evans Tank Company for $4,000,000 in industrial revenue bonds. Motion carried: 5 Yeas; 0 Nays. 3!01- % % 1160 RESOLUTION NO. 1144 RESOLUTION APPROVING RESOLUTION BY THE LUBBOCK INDUSTRIAL DEVELOPMENT CORPORATION PROVIDING FOR THE ISSUANCE OF LUBBOCK INDUSTRIAL DEVELOPMENT CORPORATION INDUSTRIAL DEVELOPMENT REVENUE BONDS (EVANS TANK COMPANY PROJECT) SERIES 1982 WHEREAS, the Lubbock Industrial Development Corporation (the "Issuer") was created by the City of Lubbock, Texas (the "Unit") pursuant to the provisions of the Development Corporation Act of 1979, Article 5190.6, Vernon's Texas Civil Statutes, as amended (the "Act"); and WHEREAS, it is deemed necessary and advisable that this Resolution be adopted; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS THAT: Section 1. The Resolution Authorizing Lubbock Industrial Development Corporation Industrial Development Revenue Bonds (Evans Tank Company Project) Series 1982; a Loan Agreement; an Indenture of Trust; a Guarantee Agreement; a Mortgage, a Collateral Assigment; and Other Matters in Connection Therewith, adopted by the Issuer on July 7, 1982, (the "Resolution"), a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby specifically approved, Section 2. The approval herein given is in accordance with the provisions of Section 25(f) of the Act and is not to be construed as any undertaking by the Unit, and such bonds shall never constitute an indebtedness of pledge of the Unit, of the State of Texas, within the meaning of any constitutional or statutory provision, and the holder of such bonds shall never be paid in shole or in part out of any funds raised or to be raised by taxation or any other revenues of the Issuer, the Unit, or the State of Texas except those revenues assigned and pledged by the Resolution. Section 3. The programs and expenditures authorized and contemplated by the aforesaid documents are hereby in all respects approved. Section 4. The Mayor and the City Secretary of the City of Lubbock, Texas and the other officers of the City Council of the City of Lubbock, Texas are hereby authorized, jointly and severally to execute and deliver such endorsement, instruments, certificates, documents, or papers necessary and advisable to carry out the intent and purposes of this Resolution. PASSED AND APPROVED this Julv 22, 1982 ATTEST: /S/ Evelyn Gaffga City Secretary (SEAL) APPROVED AS TO FORM: /S/ Donald G. Vandiver Assistant City Attorney S/ Bill McAlister Mayor JUL Z 2 198? . .1161 GENERAL CERTIFICATE THE STATE OF TEXAS § COUNTY OF LUBBOCK § The undersigned, Mayor and City Secretary of the City of Lubbock, Texas (the "Unit"), do hereby certify as follows: 1. This certificate is executed with reference to that series of bonds styled "Lubbock Industrial Development Corporation Industrial Development Revenue Bonds (Evans Tank Company Project) Series 1982," in the principal amount of $4,000,000 (the "Bonds"). 2. The Unit is a body politic and corporate, a municipal corporation and a home rule city created, existing, and operating under the Constitution and the laws of the State of Texas and the city charter duly adopted by qualified electors of the Unit, exercising all powers granted or reserved thereunder. 3. The Lubbock Industrial Development Corporation (the "Issuer") was created and authorized to act on behalf of the Unit, and the Articles of Incorporation and the Bylaws of the Issuer were approved, by resolution of the Unit, dated March 13, 1980. 4. On June 1, 1981, and at all times since that date, the follow- ing persons have duly constituted the officers of the Unit: Name Office Bill McAlister Mayor Alan Henry Councilmember M. J. Aderton Councilmember E. Jack Brown Councilmember Joan Baker Councilmember 5. The Unit, by written resolution dated January 22, 1981, has approved a Resolution Concerning Issuance of Bonds to Finance a Project for Evans Transportation Company adopted by the Issuer on October 27, 1980, and by written resolution dated July 22, 1982, has specifically approved the issuance of the Bonds and the documents relating thereto in the amount and for the purpose set forth therein and such resolution has not been amended, annulled, rescinded, or revoked and remains in full force and effect on the date hereof. 6. The Unit has approved all programs and expenditures of the Issuer in connection with the issuance of the Bonds and the transactions contemplated thereby. 7. No litigation is pending against the Unit or, to the best of my knowledge,, threatened against the Unit: W to restrain or enjoin the issuance of delivery of the Bonds; or (ii) in any way contesting (a) the right and power of the Unit in connection with any action taken by it towards the creation of the Issuer of the issuance of the Bonds or (b) the titles of the current officers of the Unit to their respective offices. On June 1, 1981, and at all times since that date, Evelyn Gaffga has been the duly elected, qualified, and acting City Secretary of the Unit whose signature appearing on the following certificate is true and genuine. SIGNED AND SEALED THIS (SEAL) /S/ Bill McAlister Mayor I, the City Secretary of the City of Lubbock, Texas, hereby certify that Bill McAlister is the duly elected, qualified, and acting Mayor of the Unit whose signature appearing above is true and genuine. ISI Evelyn Gaffga City Secretary 1162 M• s 82-41A-1162-1811 Ordinance No. 8339 (7) An ordinance calling a Special Election for January 15, 1983. DGV/mck I I { ORDINANCE NO. 8339 AN ORDINANCE SETTING A SPECIAL ELECTION OF THE CITY OF LUBBOCK, TEXAS, FOR THE 15TH DAY OF JANUARY, 1983, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF LUBBOCK FOR ADOPTION OR REJECTION PROPOSED AMENDMENTS TO THE EXISTING CHARTER OF THE CITY OF LUBBOCK; SETTING FORTH THE LANGUAGE OF SUCH PROPOSED CHARTER AMENDMENTS; AND PROVIDING FOR PUBLICATION OF j NOTICE OF SUCH ELECTION IN A NEWSPAPER OF GENERAL CIRCULATION IN THE CITY OF I LUBBOCK ON THE SAME DAY IN EACH OF TWO SUCCESSIVE WEEKS WITH FIRST PUBLICATION NOT LESS THAN FOURTEEN (14) DAYS PRIOR TO SAID ELECTION. 82-41A-1162-1812 Ordinance No. 8341 (8) An ordinance granting a franchise to Southwestern Public Service. ORDINANCE NO. 8341 FRANCHISE AN ORDINANCE GRANTING TO SOUTHWESTERN PUBLIC SERVICE COMPANY THE RIGHT, PRIVILEGE AND FRANCHISE TO CONDUCT WITHIN THE CITY OF LUBBOCK, TEXAS, AN ELECTRICAL LIGHTING AND POWER BUSINESS AND TO ENTER UPON, ERECT, CONSTRUCT, MAINTAIN, EXTEND, ANY AND ALL OF THE PRESENT AND FUTURE PUBLIC ROADS, HIGH- WAYS, STREETS, LANES, AND ALLEYS OF THE CITY OF LUBBOCK, A SYSTEM OF POLES, POLE LINES, TOWERS, DISTRIBUTION LINES, TRANSMISSION LINES, WIRES, GUYS, CABLES, CONDUITS, TRANSFORMERS, AND OTHER DISTRIBUTION AND TRANSMISSION INSTRUMENTALITIES, FACILITIES AND APPURTENANCES NECESSARY OR PROPER FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY INTO, IN, WITHIN, FROM, ACROSS, AND THROUGH THE CITY OF.LUBBOCK, AS NOW EXISTING, OR AS SAID CITY LIMITS MAY HEREAFTER BE EXTENDED: AND GRANTING SOUTHWESTERN PUBLIC SERVICE COMPANY, ITS SUCCESSORS AND ASSIGNS, THE AUTHORITY TO USE SUCH FOR THE PURPOSE OF TRANS- MISSION, DISTRIBUTION, DELIVERY AND SALE OF ELECTRICITY TO THE CITY, AND TO THE INHABITANTS OF THE CITY, OR ANY OTHER PERSON OR PERSONS, FIRMS OR CORPOR- ATIONS, WHEREVER LOCATED WITHIN OR WITHOUT THE CITY LIMITS OF LUBBOCK, FOR USE BY SUCH PURCHASER OR PURCHASERS, FOR LIGHT, POWER, COOLING AND HEAT OR FOR EITHER OR ALL OF SAID PURPOSES, OR FOR ANY OTHER PURPOSE OR PURPOSES FOR WHICH ELECTRICITY MAY BE USED: PROVIDING THAT THIS FRANCHISE SHALL BE EFFEC- TIVE FOR A PERIOD OF TWENTY (20) YEARS COMMENCING UPON AND EXTENDING FROM THE EFFECTIVE DATE OF THIS ORDINANCE AFTER FINAL PASSAGE HEREOF: PROVIDING FOR THE TEMPORARY REMOVAL, RAISING OR LOWERING BY COMPANY OF ITS WIRES AND OTHER APPURTENANCES: PROVIDING FOR THE RIGHT TO, AND CONDITION OF, THE OPENING OF PAVEMENTS AND SIDEWALKS BY COMPANY: RETAINING ALL RIGHTS OF CITY TO REGU- LATE THE LOCATION OF COMPANY"S FACILITIES IN, UPON, ALONG, UNDER AND OVER THE STREETS, ALLEYS AND OTHER PUBLIC PLACES OF CITY, AS WELL AS TO REQUIRE THE RELOCATION OF SAME: PROVIDING FOR EFFICIENT ELECTRICAL SERVICE AND THE MAINTAINING OF COMPANY'S FACILITIES: PROVIDING FOR THE USE BY CITY FOR THE PURPOSES SPECIFIED OF POLES AND CONDUITS OF COMPANY: PROVIDING COMPENSATION, AND METHOD OF PAYMENT OF SUCH, TO THE CITY FOR THE USE BY COMPANY OF THE STREETS, ALLEYS AND PUBLIC WAYS OF THE CITY: PROVIDING FOR THE MAINTAINING OF RECORDS BY COMPANY WITH RIGHT OF INSPECTION BY CITY RESERVING TO CITY ALL POiERS OF REGULATION: PROHIBITING ASSIGNMENT EXCEPT BY CONSENT BY CITY �! EXCEPT BY CONSENT BY CITY EXCEPT IN CERTAIN CASES: GIVING CITY'S CONSENT 1 TO THE CUTTING AND TRIMMING BY COMPANY OF CONFLICTING TREES: PROVIDING A SEVERABILITY CLAUSE: PROVIDING THAT THIS FRANCHISE SHALL NOT BE EXCLUSIVE; MAKING MISCELLANEOUS PROVISIONS RELATIVE TO THIS GRANT OF FRANCHISE: REPEAL- ING ALL PREVIOUS ELECTRICAL LIGHTING ANDPO'WER FRANCHISE ORDINANCES; PROVIDING FOR THE PUBLICATION OF THIS FRANCHISE ORDINANCE AND ITS ACCEPTANCE BY COMPANY. The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to approve Ordinance 8339 and 8341 on second and final reading. Motion carried: 5 Yeas; 0 Nays. -- 82-41A-1163-1811 (7) *1982 Assessment Rolls for Paving Program, 1982 Assessment Paving Program, G.W.O. 11,593, and Comparison of Assessment and Enhancement Values for 1982 Assessment Alley Paving Program located in file. Q w H w w U00 Cad N +W _� �Ln 00 a. H O m +� o v 4w CnCn 1 82-41A-1163-1812 (8) Ordinance No. 8342 An assessment ordinance for streets and alleys on the 1982 Paving Program (GWO 11,593). The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to approve Ordinance 8342 on second reading, and to amend said ordinance pertain- ing to Units 2240-32, 2241-1, 2241-2 by reducing the assessed rate for side streets to $3.75 per foot in the interest of consistency with the Council's previous action regarding their policy on paving assessment rates for side streets. Motion carried: 5 Yeas 0 Nays. (The third and final reading will be subsequent to this date.) ORDINANCE NO. 8342 G.W.O. 11,593 AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF THE FOLLOWING ALLEYS LOCATED IN THE FOLLOWING BLOCKS AND ADDITIONS: THE EAST -WEST ALLEY ABUTTING LOTS 1 THROUGH 16, BLOCK 2, ANDERSON SUBDIVISION: THE EAST -WEST ALLEY ABUTTING LOTS 1 THROUGH 18, BLOCK 1, EUBANKS-FORT ADDITION: THE EAST -WEST ALLEY ABUTTING LOTS 680 THROUGH 696, MELONIE PARK ADDITION: AND THE EAST -WEST ALLEY ABUTTING LOTS 2 THROUGH 19, BLOCK 2, SQUYRES PLACE ADDITION: AND INCLUDING A PORTION OF THE FOLLOWING STREETS: 59TH STREET, 60TH STREET, 61ST STREET, 62ND STREET, 63RD STREET, 64TH STREET, 65TH STREET, TOLEDO AVENUE, VICKSBURG AVENUE, WAYNE AVENUE, YORK AVENUE, 80TH STREET, AKRON AVENUE, GRINNELL STREET, AVENUE "S", DOVER AVENUE, 74TH STREET, 77TH STREET, 76TH STREET, AVENUE "F", ELGIN AVENUE, AVENUE "B", ASH AVENUE, AND UNIVERSITY AVENUE, SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF AND PORTIONS OF OTHER SUNDRY STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND/OR ALONG THE BOUNDARIES OF SAID CITY AND PROVIDING FOR THE COLLECTION FOR SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATIONS IN EVIDENCE HEREOF, ALLOCATING FUNDS. (SEE SECTION ONE OF THIS ORDINANCE FOR UNITS DELETED BY CITY COUNCIL.) Ordinance No. 8202 An ordinance abandoning and closing a portion of an alley in Sec. 15, Block A. The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to approve Ordinance 8342 on second and final reading. Motion carried: 5 Yeas, 0 Nays. JWF :mck ORDINANCE NO. 8302 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF ALLEY: A PORTION OF ALLEY LOCATED IN SECTION 15, BLOCK A, LUBBOCK COUNTY, TEXAS WITHIN THE LIMITS OF THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, LAND 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. 1164 Jul 4 2 198Z Opp W �) THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Bonnie McKee a Notary Public in and for Lubbock Co`. personally appeared T_wi l - Ea l soles Account Mana r of the';! pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Eve; being by me duly sworn did depose and say that said newspaper has been published"' than fifty-two weeks prior to the first insertion of this Legal Notice-20.'. word-S164.43 No. 568206 at Lubbock County, Texas ed copy of the Not re is a true copy of the original and was Avalanche -.Journal on the following dates: June 229 29 & N J u 1 Y 13 K3068 errnunt Manager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 13ttbay of FORM 58-10 G July 19 82 r} IN AND FUR THE STATE OF TEXAS RAY fs0MMIMON EXPOES NOV. W, i384 82-41A-1164-1813 Hold a public hearing concerning approval of an amendment to the Urban Renewal Plan (9) for Lubbock Neighborhood Development Program No. Tex. A-14(C), Fourth Action Year, *Publisher's Affidavit Phase II. located above. In accordance with a Notice published in the Lubbock Avalanche -Journal, on June 22, 29 and July 13, 1982, a public hearing was held on the above matter. This hearing was required due to a request for a zone change which has been filed on property located on North Baylor and Avenue U. The tract was originally approved for either a public or semi-public land use on May 23, 1974, and the Urban Renewal Agency anticipated constructing a small park site in the Guadalupe Area. The time period has lapsed for this proposed development and the adjacent land uses reflect heavy commercial or industrial possibilities, which are more feasible than as a park site. There is an existing structure on the premises which is vacant, and therefore it has lost its non -conforming zoning status. The zone district is R-3 and the previous use was C-4. Director of Planning Jim Bertram made the presentation and apprised the Council of the facts necessitating this public hearing. There being no discussion and opposition, the hearing was closed. 82-41A-1164-1814 Consider an ordinance approving and adopting an amendment to the Urban Renewal Plan (10) for Lubbock Neighborhood Development Program No. Tex. A-14(C), Fourth Action Year, *Publisher's Affidavit Phase II. located above. Ordinance No. 8343 The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Ordinance No. 8343 on first reading pursuant to the public hearing held above. Motion carried: 5 Yeas; 0 Nays. SMH:da ORDINANCE NO. 8343 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LUBBOCK APPROVING AND ADOPTING AN AMENDMENT TO THE URBAN RENEWAL PLAN FOR LUBBOCK NEIGHBORHOOD DEVELOPMENT PROGRAM NO. TEX. A-14(C), FOURTH ACTION YEAR, PHASE II. At 10:25 A.M. The Council recessed briefly to discuss Work Session reconvening at 10:30 A.M. to continue with Zone Case hearings. JUL 2 2 1981 1165 Zo: c Casa 'No, 1550-3 l� THE STATE OF TEXAS COUNTY OF LUBBOCK'r Bonnie McKee Before me a Notary Public in and for Lubbock y personally appeared Twi I a Fo I som f Account Manage r of t ,�r.. pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, E o being by me duly sworn did depose and say that said newspaper has been public than fifty-two weeks prior to the first insertion of this legal Noti a-44 word-$119.61 No. 573259 at Lubbock County, Tex p � t- ed copy of the Notice is a true copy of the original and w " k Avalanche -Journal on the following dates: July 79 1982. oa Account Manager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation The Planning and Zoning Commission recommends this request be approved, subject to the following condition: a. that the C-2 tract be limited to two story office buildings. Ordinance No. 8344 In accordance with a Notice published in the Lubbock Avalanche -Journal July 7, 1982, a public hearing was held on the above matter. Proponent: Joe McKay (for Margaret R. Phelps) This request is for C-2 zoning, limited to offices, and C-3 zoning. The comprehen- sive plan recommends retail commercial at major thoroughfare intersections at one mile intervals in five to ten acre amounts to provide buffer uses between low density residential and commercial. Frankford is the one mile section line but is not a major thoroughfare; Loop 289 is the major thoroughfare adjacent to the requested location. Adjacent land uses are: A-2 zoning for a church tract on the North, C-4 (vacant) on the South, R-1 single family, R-3 townhouses, and C-4 commercial on the East, and Loop 289 on the West. This request for an office development is across from single family residential, and one property owner, speaking for the neighborhood, indicated that the neighbors preferred professional offices to the apartment develop- ment which would be allowable under this zoning request. The C-2 portion as requested, was limited to two story office buildings as stipulated at the P&Z hearing. There were no additional comments by the staff other than the stipulation that the professional office structure would be limited to two stories, thus eliminating any tower complexes. There being no opposition and no discussion, the hearing was closed. The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to pass Ordinance No. 8344 on first reading. Motion carried: 5 Yeas; 0 Nays. SMH:js ORDINANCE NO. 8344 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE 1166 82741A71166 -1.816 (12) *Publisher's Affidavit located p. 1163 82-41A-1166-1817 (13) *Publisher's Affidavit located on p. 1163 82-41A-1166-1818 (14) *Publisher's Affidavit located p. 1163 FROM A-2 TO C-2 AND C-3 ZONING DISTRICTS; PENALTY AS PROVIDED FOR IN SECTION 1-5 OF A10 PROVIDING FOR PUBLICATION. Zone Case No. 2375 SUBJECT TO CONDITIONS; PROVIDING FOR A THE CITY CODE; PROVIDING A SAVINGS CLAUSE Request of Steve R. Davis (for Townsend -Strong Rental Partnership) to change a tract of land out of Section 3, Block 0, City of Lubbock from R-3 to M-2 zoning district, located in the 1300 block of East Broadway. The Planning and Zoning Commission recommends this request be approved, subject to the following condition: a. that the uses be limited to parking, office space and enclosed storage space. In accordance with a Notice published in the Lubbock Avalanche -Journal July 7, 1982, a public hearing was held on the above matter. The proponent failed to appear, and after contacting his office, it was reported that he would be out of town and there was no one else to represent the proponent at this hearing. In keeping with the Council policy that the proponent must appear before the Council to make his request, the motion was made by Councilwoman Baker, seconded by Councilman Aderton to continue the public hearing on Zone Case No. 2375 until August 26, 1982 Regular City Council Meeting. Motion carried: 5 Yeas; 0 Nays. Zone Case No. 2376 Request of Kent Hale (for J. E. George, Jr.) for a specific use permit under provisions of Section 22.3-20-3 of the Zoning Ordinance for pro- fessional offices on Lot 9 and the W/2 of Lot 8, Block 41, Overton Addition, City of Lubbock, located at 2017 Main Street. The Planning and Zoning Commission recommends this request be approved. Ordinance No. 8345 In accordance with a Notice published in the Lubbock Avalanche -Journal July 7, 1982, a public hearing was held on the above matter. Proponent: Kent Hale (for J. E. George, Jr.) This request is for a existing house that is to be converted to profes- sional offices for attorneys. The AM Specific Use is the most restric- tive zoning allowable for professional offices. There is considerable frontage on Main Street and sufficient area for parking off of Broadway. Adjacent land uses are: R-2 zoning on the North, C-2 zoning (Women.'s Club) on the South, and A-2 apartment zoning on the East (vacant), A-2 parking lot for the Women's Club on the West. It was stipulated at P&Z that there needs to be one parking space for every 200 feet floor area which would require 11 spaces. Two hundred eighty square feet of the building is connected to the main building and will be used as a law library and storage. P&Z requested that the approval be tied to the site plan for professional offices, and that three parking spaces off the alley to provide 24' depth. There being no opposition and no discussion, the hearing was closed. The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to pass Ordinance 8345 on first reading. Motion carried: 5 Yeas; 0 Nays. SMH:js ORDINANCE NO. 8345 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. 2376; A SPECIFIC USE PERMIT UNDER PROVISIONS OF SECTION 22.3- 20-3 OF THE ZONING ORDINANCE FOR PROFESSIONAL OFFICES ON LOT 9 AND THE WEST ONE-HALF OF LOT 8, BLOCK 41, OVERTON 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. Zone Case No. 2377 Request of Bob L. Ford (for Ali El-Domeiri, el al.) for a specific use zone change, from AM to AM Specific Use Permit under provisions of Section 22.3-23 of the Zoning Ordinance, for an automatic teller machine on the south 55' of the west 130' of Lot B, Williams subdivision, City of Lubbock, located at 22nd Pl. and Oxford Avenue. The Planning and Zoning Commission recommends this request be approved. 1167 In accordance with a Notice published in the Lubbock Avalanche -Journal July 7, 1982, a public hearing was held on the above matter. Proponent: Bob L. Ford (for Ali El-Domeiri, et al.) The request for the construction of an automatic teller machine to be located on the south 55' of the lot. Adjacent land uses are: AM zoning on the North and South, St. Marys Hospital being on the South; AM Specific Use for school administration building on the East, and AM zoning for development on the West. The entire area will be medical or medical uses as development progresses. The proponent indicated that it will be a drive-in facility attractively landscaped on the side street portion and will be connected to the facility to be constructed with compatible exterior finish in architectural design. Only a portion of the entire tract is requested for the AM Specific Use with adequate landscaping to be provided. There being no opposition, and no discussion, the hearing was closed. The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass Ordinance No. 8346 on first reading. Motion carried: 5 Yeas; 0 Nays. SMH:js ORDINANCE NO. 8346 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. 2377; A SPECIFIC USE ZONE CHANGE FROM AM TO AM SPECIFIC USE PERMIT UNDER PROVISIONS OF SECTION 22.3-23 OF THE ZONING ORDINANCE FOR AN AUTOMATIC TELLER MACHINE ON THE SOUTH 55 FEET OF THE WEST 130 FEET OF LOT B, WILLIAMS SUBDIVISION, 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. 82-41A-1167-1819 Consider a resolution approving a contract with Groves, Fernandez, (22) Frazer & Associates, Inc. for the Canyon Lakes River Walk. I I Resolution No. 1145 This item had been discussed previously in Work Session (March 11, 1982 0 0 P, Pd M and June 24, 1982) at which time the Council was apprised by the archi- o tects that the project was feasible. On June 24, the staff was author- rt ized to negotiate a contract with the referenced firm regarding this (D 0 project. The negotiated contract is in the amount of $30,000 and will �0 0w be funded from general revenue sharing funds. rt (D " 1-1 W W --I The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry �rt C) to pass Resolution 1145 authorizing the contract with Groves, Fernandez, co Frazer & Associates, Inc. pertaining to the Canyon River Walk project U.) and authorizing the contract to be funded from General Revenue Sharing b 0 Funds. Motion carried: 5 Yeas; 0 Nays. 0 Cn 0 ". r- H (D H 0 rt rt W 0 JMS:cl rt RESOLUTION NO. 1145 0 �-i I I 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 for Professional Consulting and Design Services in Connection with the Canyon Lakes River Walk Project between the City of Lubbock and Groves, Fernandez, Frazer and Associates, Inc., attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of July ,1982. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn GAffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Jim Bertram Jim Bertram, Director of Planning A DDDn1TVn AQ Tn VnDM. 1168 JUL 2 Z 198Z CONTRACT FOR PROFESSIONAL CONSULTING AND DESIGN SERVICES IN CONNECTION WITH THE CANYON LAKES RIVER WALK PROJECT This is an AGREEMENT by and between the CITY OF LUBBOCK, TEXAS, a municipal corporation, hereinafter called "CITY," and GROVES, FERNANDEZ, FRAZER, AND ASSO- CIATES, INC. consulting engineers, of 9030 Wurzbach Road, San Antonio, Texas 78240, hereinafter called "CONSULTANT." WITNESSETH: WHEREAS, CITY desires the development of a concept plan, an assessment of possible funding sources, and an economic feasibility study of the CANYON LAKES RIVER WALK PROJECT; and WHEREAS, CONSULTANT desires to undertake the performance of certain tasks necessary to the development of such a plan, assessment of possible funding sources, and economic feasibility study for such a project; NOW THEREFORE, the parties do mutually agree as follows: ARTICLE I EMPLOYMENT OF CONSULTANT CONSULTANT shall perform the professional consulting and design services in connection with the development of a plan for the CANYON LAKES RIVER WALK PROJECT including an assessment of possible sources of funding to complete such project and an economic feasibility study of the proposed development. CITY shall employ CON- SULTANT to render such services and shall pay CONSULTANT the compensation for such services as stated in ARTICLE VI of this Agreement. Fllwlwrow� DEFINITION OF TERMS The following terms as used in this Agreement shall have the meaning,as set forth hereafter: A. The CANYON LAKES RIVER WALK PROJECT is a proposed planned development of the Canyon Lakes park system and adjacent areas designed to increase the public use of the Canyon Lakes Parks by creating attractive activity centers that would generate pedestrian traffic and draw people into the park area. B. The project area is the Canyon Lakes Project which extends along the Yellowhouse Canyon from northwest to southeast through the City of Lubbock, Texas, and which is more specifically described by the shaded area on Exhibit "A" attached hereto and made a part of this Agreement by this reference. C. Activity nodes are areas of planned activity within the project or located on adjacent land. ARTICLE III CHARACTER AND EXTENT OF SERVICES CONSULTANT shall perform the following services under the terms and conditions hereinafter stated: PHASE ONE: PROJECT ANALYSIS After receipt of written notification to proceed, CONSULTANT shall survey and thoroughly analyze the project area for the purpose of defining opportunities for development and identifying various development options which the project may support. These services shall be in sufficient detail to indicate the problems involved and alternative solutions available. Factors to be considered by CONSULTANT in conducting such survey and analysis shall include, but not be limited to, the following: 1. Relationship of the project corridor to transportation ways. 2. An analysis of existing land uses adjacent to the corridor. 3. Adjacent community development patterns. 4. Other physical aspects of the different sectors of the corridor, including topography, utilities, and railroads. 5. Review of local urban renewal plans adjacent to the Canyon. 6. Review and analysis of the Canyon Lakes Policy Zone Ordinance. In this phase CONSULTANT shall discover the potential points of penetration of JUL 2 21982, . 1169 Upon completion of Phase One, CONSULTANT shall meet with the Planning and Parks Departments staff of the CITY to review decisions made by CONSULTANT during this plase, to obtain the full benefit of the CITY'S experience and knowledge of existing needs and facilities, and to enable CONSULTANT to make recommendations consistent with the CITY'S policies and standards. Such meeting shall take place at Lubbock, Texas, at a time and location agreeable to both parties. PHASE TWO: EVOLVING THE DEVELOPMENT CONCEPT CONSULTANT shall evolve the development concept for the project which will include, but not be limited to, the following considerations: 1. Whether or not linkage with other areas of high use is feasible, including an analysis of how this linkage will be accomplished. 2. Development of what the linkages physical character and appearance will be like. 3. Development of -land uses and activities that will be appropriate along the linkages. During this phase CONSULTANT shall confer and counsel with CITY staff members and other persons or agencies that might be affected by the development of the project, including but not limited to, conferences and consultations with CITY staff members of the departments of Parks and Recreation, Planning, Zoning and Engineering; realtors who have land on the market along the Canyon, members of the Lubbock Board of Realtors, representatives of Texas Tech, representatives of the Chamber of Commerce, representatives from Commerciantes Organizados Mexico Americanos (COMA), and rep- resentatives from identifiable neighborhood organizations adjacent to the Canyon Lakes Project. PHASE THREE: THE CONCEPT DEVELOPMENT PLAN CONSULTANT shall prepare maps, drawings, and graphics to working scale in order to illustrate in graphic form the various conceptual approaches to the development options identified in Phases One and Two. Such maps, drawings, and graphics shall stylize the physical development of the project and delineate the penetrating links and activity nodes. CONSULTANTS shall make cost estimates and suggest phasing for the development. CONSULTANTS shall propose commercial land uses which are deemed desirable. In performing the tasks encompassed in this phase, CONSULTANT shall confer with CITY staff members. At the completion of Phase Three, a preliminary conceptual plan will be present- ed to representatives of the groups mentioned in Phase Two. PHASE FOUR: FUNDING ASSISTANCE AND ECONOMIC FEASIBILITY ASSESSMENT CONSULTANT, in consultation with the CITY, shall analyze and advise the CITY as to all possible sources of funding for the project and outline the necessary steps to acquire such funding. CONSULTANT shall recommend private or governmental financ- ing or a combination of private and governmental financing. During this phase CONSULTANT will assess the interest and the probability of willingness to partici- pate on the part of the private sector. PHASE FIVE: THE PLAN PRESENTATIONS AND RECOMMENDATIONS CONSULTANT shall prepare a written report clearly setting forth CONSULTANT'S recommendations. CONSULTANT shall provide fifteen (15) copies of such report to CITY prior to the presentations called for hereafter. CONSULTANT shall make a verbal and visual presentation of all completed work of CONSULTANT to the CITY. Such presentation shall include a preliminary presentation to the CITY MANAGER and his staff followed by a presentation to the CITY COUNCIL OF THE CITY OF LUBBOCK. Such presentations shall be made at times agreed upon between CONSULTANT and the CITY MANAGER. PHASE SIX: CONSTRUCTION PLANS AND SPECIFICATIONS After completion of Phase Five, the CITY COUNCIL OF THE CITY OF LUBBOCK may, at its discretion, authorize preparation of detailed plans and specifications. If authorized, the preparation of such plans and specifications shall be performed in accordance with the terms of a separate contract to be negotiated between the CITY and CONSULTANT. RESPONSIBILITIES OF CITY A. The CITY shall place at the disposal of CONSULTANT such information perti- nent to the project as the CITY now possesses and which has been previously developed including base maps, reports, and land use data. B. The CITY shall provide technical assistance and advice to CONSULTANT when requested to do so in advance. C. The CITY shall help schedule and arrange meeting places for conferences and consultations with citizen groups mentioned in Phases Two and Three. D. The CITY shall designate staff members who shall attend scheduled review 1170 representative with respect to services to be performed under this Agreement. The Director of Planning may appoint an assistant to act in his stead as representative. ARTICLE FIVE SCHEDULE OF PERFORMANCE OF CONSULTANT'S SERVICES CONSULTANT shall undertake the tasks outlined in Phase One of Article III of this Agreement within thirty (30) days after receipt of written notification to proceed. CONSULTANT shall complete the tasks encompassed in each Phase within the time periods designated below. Phase One shall be completed in sixty (60) working days after commencement. Phase Two shall be completed in ninety (90) working days after completion of Phase One. Phase Three can be completed in sixty (60) working days after completion of Phase Two. Phase Four shall be completed within sixty (60) working days after completion of Phase Three. Phase Five shall be timed in coordination with the convenience of the CITY. CONSULTANT shall perform the services called for under this Agreement as expeditiously as is consistent with professional skill and care and the orderly progress of this undertaking. ARTICLE SIX COMPENSATION OF CONSULTANT For and in consideration of the services to be performed by CONSULTANT under the Agreement, the CITY shall pay to CONSULTANT the sum of THIRTY THOUSAND DOLLARS ($30,000.00). Partial payments for services shall be made monthly in proportion to that part of the services which has been accomplished. Such payments shall be made within forty-five (45) days after receipt by the CITY of an invoice outlining the tasks completed under each Phase as a percent of the total tasks encompassed in that Phase. In no event shall CONSULTANT be entitled to payment in excess of the following schedule. PERCENT OF TOTAL SERVICES At completion of Phase One $6,000 20% At completion of Phase Two 6,000 20% At completion of Phase Three 6,000 20% At completion of Phase Four 6,000 20% At completion of Phase Five 6,000 20% The CITY shall remit payments per invoice by mail to GROVES, FERNANDEZ, FRAZER AND ASSOCIATES, INC., at the address shown in Article Seven. ARTICLE SEVEN NOTICES AND COMMUNICATIONS All notices and communications shall be deemed sufficient if mailed or deliv- ered to CONSULTANT at the following address: GROVES, FERNANDEZ, FRAZER, AND ASSOCIATES, INC. 9030 Wurzbach Road San Antonio, Texas 78240 All notices and communications to CITY shall be mailed or delivered to the following address: Director of Planning City Hall, Room 202 916 Texas Avenue Lubbock, Texas 79457 ARTICLE EIGHT TERMINATION OF AGREEMENT FOR CAUSE A. If, through any cause, CONSULTANT shall fail to fulfill in a timely and proper manner its obligations under this Agreement or if CONSULTANT shall violate any of the covenants, agreements, or stipulations of this Agreement, CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONSULTANT of such termination and specifying the effective date thereof, which must be at least fourteen days after CONSULTANT'S receipt reports prepared by CONSULTANT under this Agreement shall, at the option of the CITY, become the property of the CITY, and CONSULTANT shall be entitled to receive just compensation for any satisfactory work completed on such documents. The CITY may use such documents and materials for any purpose. B. Notwithstanding the right of the CITY to terminate this Agreement for cause, CONSULTANT shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any breach of contract by CONSULTANT. ARTICLE NINE OWNERSHIP OF DOCUMENTS Except as provided in Article Eight of this Agreement all maps, drawings, and graphics prepared by CONSULTANT shall remain the property of CONSULTANT. CONSULTANT shall provide the CITY with copies of all maps, drawings, graphics, and reports prepared by CONSULTANT under the terms of this Agreement without further compensation by CITY than the compensation herein stated. Such documents may be used by the CITY for any purpose which it deems desirable. ARTICLE TEN CONSULTANT'S ASSURANCES A. CONSULTANT shall comply with all and any laws and regulations, as they may be amended from time to time, which are relative to nondiscrimination in programs and activities funded under the State and Local Fiscal Assistance Act, as amended, 31 USC, §1221 et. seq. B. CONSULTANT agrees not to discriminate against any employee or applicant for employment because of race, creed, color, sex, or national origin. CONSUL- TANT agrees not to violate any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975. CONSULTANT will conduct its activities in accordance with the requirements of Section 504 of the Rehabili- tation Act of 1973 and will assure that no qualified handicapped person shall, solely by reason of his or her handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination, including discrimination in employment, under any activity of the CONSULTANT. C. CONSULTANT agrees to conduct the performance of this Agreement in compliance with any and all Federal, State, and local laws and regulations regarding hours, wages, and conditions of employment affecting the services covered by this Agreement. CONSULTANT shall pay the contributions measured by wages of its employees as requested by the Federal Unemployment Tax Act, the Federal Insurance Contribution Act, and any other payroll tax. ARTICLE ELEVEN GENERAL CONDITIONS A. Law Governing Agreement. For the purpose of determining the place of the contract, it is agreed that this Agreement is entered into in the City and County of Lubbock, Texas, and all services to be performed under this Agreement shall be deemed to be performed in the City and County of Lubbock, Texas. B. Hold Harmless. CITY shall not be subject to any obligations or liabilities of CONSULTANT incurred in the performance of this contract. CONSULTANT expressly agrees to indemnify and hold harmless the CITY for any and all liabilities and obligations incurred in connection with this Agreement due to the negligence of CONSULTANT, its employees, officers, agents, or appointees, or the negligent acts or omissions, breaches of contract or other defalcation of CONSULTANT, its employees, officers, agents, or appointees. C. Independent Contractor. Nothing contained herein shall be construed as creating the relationship of employer and employee between CITY and CONSULTANT, its employees, officers, agents or appointees, and CONSULTANT shall at all times be deemed to be an independent contractor. D. CONSULTANT hereby warrants and certifies that no individual or group of individuals other than bona fide employees were utilized in securing this Agreement, that no express or implied agreement has been made to employ or retain the services of any firm or person in connection with carrying out this contract, and that CONSULTANT has not paid or agreed to pay any firm, person, organization or person (other than a bona fide employee working soley for CONSULTANT) any fee,,contribution, donation, or consideration of any kind for, or in connection with, procurring or carrying out this contract. E. Successors and Assigns. The CITY and the CONSULTANT each binds itself and its successors and assigns to the other party of this Agreement and to the successors and assigns of such other party, in respect to all covenants of this Agreement. Except as provided above, neither CITY nor CONSULTANT shall assign, or transfer its interest in this Agreement without the written consent of the other. 1172 F. This contract constitutes and expresses the entire agreement between the parties and shall not be amended or modified except by written instrument signed by both parties. This Agreement is executed this day of , 1982, in counterparts, each of which is an original, on behalf of CONSULTANT BY ITS and on behalf of CITY by its Mayor, both of whom are thereunto duly authorized. CITY OF LUBBOCK /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary APPROVED AS TO CONTENT: /S/ Jim Bertram Jim Bertram, Director of Planning APPROVED AS TO FORM: /S/ Joan M. Sherwin Joan M. Sherwin, Asst. City Attorney GROVES, FERNANDEZ, FRAZER, AND ASSOCIATES, INC. ATTEST: 82-41A-1172-1820 Set a time and date for a public hearing for the Grantee Performance Report of the (23) Community Development Block Grant Program. Pursuant to federal requirements, the City is required to hold a grantee performance report hearing within sixty (60) days after the close of the grant year which was May 31, 1982. Motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to hold the referenced hearing on August 12, 1982 at 11:30 a.m. Motion carried: 5 Yeas; 0 Nays. 82-41A-1172-1821 Set a time and date for the First Proposed Use hearing for Revenue Sharing Entitle- (24) ment Period XIV. The City is required to conduct two public hearings regarding proposed uses for the funds for Entitlement Period XIV, said funds being available October 1, 1982. The allocation for the Entitlement Period XIV is $2,666,451. The staff indicated that the second public hearing would be held at the same meeting that the regular opera- ting budget is considered and adopted. The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to hold the above referenced hearing on August 12, 1982 at 11:30 a.m. Motion carried: 5 Yeas; 0 Nays. 82-41A-1172-1822 Consider a resolution authorizing the Mayor to sign contracts for the City's Paint- (25) Up Program. Resolution No. 1146 As a part of the 1982-83 CDBG Program, the Paint -Up Program, whereby homeowners are furnished paint and brushes in CD -targeted areas to paint their houses, was included. There are presently 154 applications for the paint and each individual homeowner will enter into a contract whereby they will be issued the paint and supplies. Each project is to be completed within sixty (60) days or to return the paint unopened. This is the first time that this program has been implemented in the City of Lubbock although it has received a great deal of success in other major cities. The motion was made by Councilman Brown, seconded by Councilman Aderton to pass Resolution 1146 authorizing the contract for the Paint -Up Program under the CD 1982- 83 Program year. Motion carried: 5 Yeas; 0 Nays. DGV:da RESOLUTION NO. 1146 1173 WHEREAS, there is a need for repainting of many homes within designated Community Development target areas, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT there be implemented within the Community Development target areas of the City of Lubbock a "Paint Up Program" to furnish paint to,those eligible homeowners desiring to repaint their homes, and THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to sign contracts for such improvements on behalf of the City of Lubbock, a sample copy of which contract is attached hereto and shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd_ day of July .1 1982. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Richard Mays Richard Mays, Community Development Coordinator APPROVED AS TO FORM: ISI Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney CONTRACT THIS CONTRACT, made and entered on 19 by and between the City of Lubbock, a Texas municipal corporation, hereinafter called "City", and (homeowner) of hereinafter called (address) "Homeowner", WITNESSETH THAT: WHEREAS, the City desires to promote the public health, safety and welfare of its inhabitants and to such end has obtained funds for neighborhood painting projects; and, WHEREAS, Homeowner has submitted a request to City for painting a house within a designated area showing signs of blight; and, WHEREAS, City and Homeowner wish to enter into an agreement for improvement and beautification of said area, NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY COVENANT AND AGREE AS FOLLOWS: 1. City will furnish Homeowner with Certificates of Purchase with which the paint and supplies can be obtained at the locations specified on the certificate. The amount of paint and supplies listed therein is based on an estimate of materials needed as determined by City. If additional materials are required by Homeowner to complete the above mentioned project to City's satisfaction, City will furnish such additional materials as are approved by Community Development Coordinator. 2. Homeowner agrees that all materials obtained with Certificates of Purchase will be used to paint the exterior of the residence listed thereon and that none of said supplies will be used for any other purpose. 3. Homeowner agrees that each Certificate of Purchase and the materials obtained thereby are and remain the property of City until applied to the house designated. 1174 4. Homeowner agrees to complete the work embraced in this contract on or before sixty days after receipt of certificates, and agrees to return to the City any paint not applied to the house by the deadlines specified. IN WITNESS THEREOF: HOMEOWNER CITY OF LUBBOCK BILL McALISTER, MAYOR Evelyn Gaffga, City Secretary - Treasurer APPROVED AS TO CONTENT: Community Development Coordinator APPROVED AS TO FORM: Assistant City Attorney 82-41A-1174-1823 Consider Change Order #1 for construction of Rogers Senior Citizen Center (CDWO 8108): (26) and authorize same. *See Reso 1062, 3/25/82 (Change Order #1) and Construction of the Rogers Senior Citizen Center in the Arnett -Benson area was Reso 1168, 8/12/82 approved for the 1981 CDBG Program, and construction commenced in April 1982, the (Change Order #2) bid being awarded to Lubbock Development Corporation. This action requests an extension of 17 days due to the excessive rains in May and June which delayed pouring the foundation and subsequent construction matters. The extension is granted whereby the project is to be completed January 2, 1983. The motion was made by Councilman Aderton, seconded' by Mayor Pro Tem Henry to approve the referenced Change Order. Motion carried: 5 Y6as, 0 Nays. 82-41A-1174-1824 (27) *Resolution passed by Board of Commissioners of Urban Renewal Agency of City of Lubbock on file. Consider a resolution authorizing the Mayor to execute a contract for services with the Urban Renewal Agency. Resolution No. 1147 As part of the 1982-83 CDBG Program, the Council has approved the acquisition of land and relocation of residents for the redesign of East 19th Street in the Posey Lakeside East area (PLEA) which connects with the Idalou Highway. It is necessary to acquire five (5) improved lots and four (4) vacant lots; the purpose of this contract is to allow Urban Renewal Agency the authorization to acquire the necessary real estate and to relocate those residents affected by such acquisition as well as to demolish such structures in the area necessary for the street improvements. The motion was by Mayor Pro Tem Henry, seconded by Councilman Brown to pass Reso- lution 1147 authorizing the above contract. Motion carried: 5 Yeas, 0 Nays. SMH: j s RESOLUTION NO. 1147 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR ACQUISITION AND RELOCATION AND SITE CLEARANCE AND RESALE ACTIVITIES BETWEEN THE CITY OF LUBBOCK AND THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK. WHEREAS, the City of Lubbock has heretofore acquired certain land pursuant to the expanding needs of the Community for the widening of city streets; and WHEREAS, the City of Lubbock is to acquire certain additional lands for the widening and redesign of East 19th Street between Quirt and East Loop 289 and desires to have the Urban Renewal Agency perform certain functions with respect to the acquisition of such land and in the administration of the relocation activities necessary upon acquisition thereof; and WHEREAS, the Urban Renewal Agency desires to perform the functions for the City of Lubbock with respect to obtaining appraisals of certain parcels, acquisition of such land, and the relocation activities anticipated to be necessary on acquisition JUL 2 P .1175 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 for acquisition, relocation services, site clearance and resale activities between the City of Lubbock and the Urban Renewal Agency of the City of Lubbock, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of the Resolution as if fully copied herein in detail. Passed by the Council this 22nd day of July $ 1982. ISI Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Richard Mays Richard Mays, Community Development Coordinator APPROVED AS TO FORM: /S/ Susan M. Horton Susan M. Horton, Asst. City Attorney CONTRACT FOR ACQUISITION AND RELOCATION AND SITE CLEARANCE AND RESALE SERVICES BETWEEN THE CITY OF LUBBOCK AND URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK THE STATE OF TEXAS COUNTY OF LUBBOCK THIS CONTRACT is entered into this day of 1982, by and between the CITY OF LUBBOCK, a home rule municipal corporation, here- inafter called "CITY", and the URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, hereinafter called "AGENCY". WITNESSETH: WHEREAS, the CITY may acquire certain rights -of -way pursuant to carrying out its transportation plan for relocation and widening of certain streets and major thoroughfares; and WHEREAS, the CITY is to acquire certain rights -of -way in the vicinity of Spruce Avenue and East 19th Street for the relocation and widening of East 19th Street to make East 19th Street a major thoroughfare in accordance with the CITY'S Master Thoroughfare Plan; and WHEREAS, in order to avoid severance of several properties along Spruce Avenue, including several occupied structures, and in order that the occupants of said properties may have the most opportunity available to relocate and redevelop the Project East Lakeside Area (hereinafter referred to as the PLEA Area) the CITY desires that the AGENCY (since it has Urban Renewal Powers) to perform the functions of acquisition, relocation, and site clearance of the properties along and abutting Spruce Avenue that require replatting and resale to private redevelopers to effect their ultimate utilization; and WHEREAS, the AGENCY desires to perform the functions for the CITY with respect to acquiring, relocating, and clearing the properties that require replatting and resale to private redevelopers in connection with the relocation and widening of East 19th Street; NOW THEREFORE, the CITY and the AGENCY do hereby agree as follows: 1. The AGENCY shall furnish certain services with respect to the acquisition, relocation, clearance, replatting, dedication of rights -of -way, and resale of certain parcels of land on behalf of the CTIY pursuant to the Community Development Block Grant Program, the said parcels being described in Exhibit A of this contract. All of the said properties are located within the City of Lubbock. 2. The AGENCY will provide the following services with respect to the acquisit of said parcels: 1176 JUL 2 Z 1982 A. The AGENCY shall obtain an acquisition appraisal and a review appraise for the respective parcels of land to be acquired under this Contract. The AGENCY shall determine the fair market value of each parcel of land based on a review of such appraisals, and the AGENCY will meet personally with each owner of respective parcels of land and present to such owner a written offer based on such established fair market value. B. The AGENCY will deliver the written offer to purchase the property to the owner (based upon the AGENCY'S review appraisal and established fair market value) together with a summary statement of the basis of the offer, prepared in accordance with the Uniform Relocation and Real Property Acquisition Policies Act of 1970, hereinafter called the "ACT". C. The AGENCY'S negotiator will explain to the owner the policies and requirements of the AGENCY with respect to the acquisition of the parcels of real property to be acquired as set forth in this con- tract. D. The AGENCY will discuss the offer to purchase with the respective owners of the parcels of real property, including information con- tained in the summary statement on the basis of the offer, and all other terms and conditions of the option to see which will be pre- sented to the respective owners thereof. E. The AGENCY will provide the owners of the respective parcels of property every reasonable opportunity to present evidence which the owner believes to be relevant to the question of value and which may be suggested in the terms and conditions in the option as may be necessary and and desirable, and AGENCY staff shall report any proposed modification to AGENCY Director. F. The AGENCY will contact all parties to obtain releases of liens or any other instruments which the AGENCY'S ATTORNEY deems necessary for the purpose of securing fee simple title to all of the parcels to be acquired under this Contract. G. The AGENCY will provide such services with respect to the coordin- ation of all the appraisal activities, including the appraiser and review appraiser, as may be necessary. H. The AGENCY will provide all necessary legal services through its real estate legal services contract including, among others, examination of title, preparation of all instruments of conveyance and other closing papers, making all arrangements for and concluding each closing, preparation of all petitions for condemnation and all legal work necessary to complete condemnation cases. 3. The AGENCY will provide relocation services with respect to the owners or tenants of the parcels of real property which are to be acquired by the AGENCY, in accordance with the Act, which will include: A. Notification to owners, tenants or any other person of relocation assistance that is available under the terms of the Act. B. Providing counseling services as necessary to the displaced owners, tenants or any other person who is entitled to relocation assistance under the Act. C. Preparing all necessary claim forms, notices, or any other papers or documents as may be required by the Act and deliver such to the appropriate parties. D. Providing all necessary legal services through its real estate legal services contract in connection with relocation and property manage- ment. 4. The AGENCY will provide demolition and site clearance services on the parcels it acquires under this contract through its demolition and site clearance contracts including supervision thereof. 5. The AGENCY will provide replatting and disposition services for the prop- erty acquired under this contract including the dedication of East 19th Street Right-of-way in accordance with the traffic plan of the CITY and the approved Urban Renewal Plan for the Area. 6. The AGENCY agrees to maintain such records as may be required by the Act, which is understood to govern the procedures employed in the acquisition of such parcels of real property and the relocation of the occupants for the purposes set forth herein. The AGENCY further agrees to maintain records required for clearance and demolition, for replatting and resale until the property is finally sold to private redevelopers and the streets and/or alleys dedicated to the public. 7. The AGENCY will, based upon the appraisals and review appraisal of each parcel, establish the fair market value of each parcel, and pursuant to the esta- blishment thereof, the AGENCY shall make all certifications relating thereto as 1 ..1,177 8. The AGENCY will be responsible for the management of properties acquired hereunder after acquisition of the parcels set forth herein until such time as all relocation of the occupants has taken place and the property is disposed to private redevelopers and/or dedicated as right-of-way as appropriate. 9. The AGENCY will be responsible for any eviction or condemnation proceedings that may become necessary and the AGENCY will institute and take part in any such proceedings as needed. 10. It is agreed that the CITY shall pay to the AGENCY an amount not to exceed ONE HUNDRED FORTY-FIVE THOUSAND DOLLARS ($145,000.00) for the services performed under this agreement with such payment or payments to be paid upon the submission of a request or requests for payment by the AGENCY to the Community Development Coor- dinator. The AGENCY will be paid for the actual costs of rendering and performing the services (not to exceed six percent (6%) of the total contract exclusive of legal fees) as set forth in this agreement in connection with the properties set forth in Exhibit A of this contract. Legal fees incurred by the AGENCY in performing this contract will be reimbursed separately, and not included in determining the six percent (6%) limit. 11. The AGENCY agrees and is hereby bound in the execution of this contract by the requirements and provisions as set forth in Part II: Terms and Conditions, attached hereto and by reference made a part hereof for all particulars as though fully set out herein. 12. This contract shall terminate upon the completion by the parties and satisfaction of all terms and provisions provided hereunder. 13. This contract constitutes and expresses the entire agreement between the parties hereto and shall not be amended or modified except by written instrument signed by both parties. IN WITNESS WHEREOF, the CITY and AGENCY have executed this Contract as of the first date above written. I" owiffelm Ro%] 1.11101 N ISI Bill McAlister BILL McALISTER, MAYOR ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Richard Mays Richard Mays, Community Development Coordinator APPROVED AS TO FORM: ISI Susan M. Horton Susan M. Horton, Asst. City Attorney URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS /S/ George H. Nelson George H. Nelson, Chairman ISI H. 0. Alderson H. 0. Alderson, Secretary 82-41A-1173-1825 Consider a resolution authorizing the Mayor to execute a contract with ATE Management (28) and Service Company, Inc. for an extension ofthemanagementcontractto 9/30/82. *Amends Reso. 247, 8/23/79 Resolution No. 1148 This action amends the contract entered into on August 23, 1979 (Resolution 247) and requests an extension of the contract to September 30, 1982 to conform with the Cityls fiscal year. The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass Resolution 1148 authorizing the extension to the management agreement referenced 1178 DGV: da RESOLUTION NO. 1148 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 Supplemental Agreement to a Management Contract for operation of the City of Lubbock's transit system between the City of Lubbock and ATE Management and Service Company, Inc., attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of Jul /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI John Wilson John Wilson, Transit Coordinator APPROVED AS TO FORM: ISI Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney SUPPLEMENTAL AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF LUBBOCK ,1982. WHEREAS, the City of Lubbock, a Texas home rule municipal corporation, and ATE Management and Service Company, Inc., a Delaware corporation, have heretofore entered into a Management Contract for operation of the City of Lubbock's transit system; and WHEREAS, the said contract will end on September 16, 1982, under its existing terms and conditions; and WHEREAS, the parties desire to continue such contract in full force and effect through September 30, 1982; NOW THEREFORE, the parties hereby agree as follows: SECTION 1. THAT the term of the said contract be and is hereby extended through September 30, 1982, and that said contract shall remain in full force and effect until that time. SECTION 2. THAT no portion of said contract shall be deemed amended hereby other than the term specified therein at Section IV. Executed this 22nd day of July _, 1982. ATE MANAGEMENT AND SERVICE COMPANY, INC.: /0,/ David W Dnvj _q Yd(XMKXX Executive Vice President ATTEST: /S/ Dennis M. Charlton MTXRX Assistant Secretary CITY OF LUBBOCK: /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary - Treasurer APPROVED AS TO CONTENT: /S/ John Wilson John Wilson, Transit Coordinator /S/ Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney 1 .1,179 82-41A-1179-1826 (29) *Comparison of Transit Operating Contract with TTU, Citibus Operating Expenses for FY 1982- 83 Budget, and Operat- ing Assistance Grant Project Budget located in file Consider a resolution authorizing the Mayor to sign a contract with Texas Tech for on -campus transit services. Resolution No. 1149 This matter was again discussed at Work Session and Councilman Brown once again raised the question of the method by which this calculation was determined. At the Council's request, the Staff did review the depreciation costs and also included the proportionate share of administration costs from City employees. As a result, there was a minor increase in the proposed rate. The Staff apprised the Council that the eight (8) buses used on campus are used 45% of the time and the remaining time they are used either in supplemental service on the route or for charter purposes. The amount of administration costs, as applicable to this contract, is in the amount of $9,033. or 10.2% of total administrative costs. Depreciation was calculated on the basis of the eight (8) buses used on campus 45% of the time plus the depreciation of other equipment, i.e., support vehicles, maintenance, radios, office equipment and furniture, shop tools, the washing and cleaning of the vehicles, all of which are allocated on the basis of 10.2%. The building use charge is calculated at 2%. Robert Massengale, the Director of Finance, reported that they had checked with TNM&O regarding the life expectancies of their buses and did not receive very much information from any of the private businesses as to how they calculate their depreciation or related matters. It was his assumption that they use depreciation as a tax deduction item and therefore they are very reluctant to release this type of information. He did check with the Dallas Transit System and they depreciate their buses at fifteen (15) years or at over 500,000 miles; San Antonio has 252 coaches and they are depreciated on the basis of 750,000 miles each. They also checked with other university systems and found that Lubbock was not out of line in their calculations: 1. University of Texas 2. University of Arkansas (These buses are operated by the $18.65 per hour + fuel -cost adjustment above 50J per gallon. $18.65 currently; $21.10 proposed for FY 82-83. University of Arkansas.) 3. Notre Dame, South Bend, $22.00 per hour service Indiana this year; 7-8% increase for next year. 4. University of Indiana $18.75 per hour (Depreciation is included, but the average age of the fleet is eighteen years.) 5. University of Kentucky $24.00 this year and $27.00 for 82-83. 6. Texas A&M University Contract is in the negotiation stage and no information was available. The proposed contract for Texas Tech is for $22.99 per hour which included the depreciation for the eight (8) buses to be used on campus, and included depreciation for equipment but does not include a building use charge. The Council once again discussed the low calculated rate. Councilman Brown remarked that there seemed to be some aspect of this service which has not been totally reflected in the calculations. Councilwoman Baker indicated that she would vote for the contract as presented but she would request that the Staff continue to look at the total operation in order for the City to recover the costs which should be easily identifiable with careful monitoring. The Mayor indicated that he felt that the contract was suitable and, both entities being in the public sector, the outlook on the depreciation would be a matter of interpretation as opposed to a private sector interpretation. The Mayor felt that for the good of PR between the two entities, the contract should be approved as submitted with more in-depth evaluation and calculation for the subsequent year. Following all discussion, the motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass Resolution 1149 authorizing the contract with Texas Tech University for on -campus bus service at the rate of $22.99 per hour. Motion carried: 4 Yeas; Councilman Brown voted Nay. DGV:da RESOLUTION NO. 1149 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 Transit Management Company of Lubbock, the Board of Regents of Texas Tech University at Lubbock, Texas, and the City of Lubbock, Texas, for bus service on the campus of Texas Tech University, a copy of which is attached herewith which shall be spread linon the Tniniitpq of tlip rniinril and no on ron A ­___ i-1,_ —4 — +--- _-P +-1, -; - 11--4 1 -1,-1 1 1180 V % % A9Z constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ John L. Wilson John L. Wilson, Transit Coordinator APPROVED AS TO FORM: day of July ., 1982. /S/ Bill McAlister BILL McALISTER, MAYOR ISI Donald G. Vandiver Donald G. Vandiver, First Asst. City Attorney AGREEMENT This Agreement, made and entered into this 22nd day of July, 1982, by and between TRANSIT MANAGEMENT COMPANY OF LUBBOCK (hereinafter referred to as the "Company"), TEXAS TECH UNIVERSITY at Lubbock, Texas (hereinafter referred to as the "University"), and the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation (hereinafter referred to as "City"). W I T N E S S E T H WHEREAS, the parties hereto are aware of the traffic and parking problems on the campus of the University as it relates to the expanding campus and the increasing number of students, staff, and faculty of the University; and WHEREAS, the above named parties are desirous of relieving some of the traffic congestion and expediting transit between areas in and immediately adjacent to said University campus; and WHEREAS, Company and City have entered into a management agreement dated August 23, 1979, in which City is obligated to provide certain insurance covering the operation of the public transportation services in and around the City of Lubbock including the services provided under this Agreement; and WHEREAS, this Agreement embodies the intention and resolution of the above named parties: NOW, THEREFORE WITNESSETH THIS AGREEMENT: I. Term It is agreed and understood by and between the parties hereto that a University bus service utilizing approximately eight (8) buses will be provided by Company during the period beginning with September 1, 1982, and terminating on August 31, 1983, provided, however, that either Company or University may terminate said bus service upon thirty (30) days written notice delivered to the other by registered mail. II. Bus Operations With respect to bus operations, Company and University agree that the following conditions shall apply: A. Company will furnish buses having a seating capacity (Manufacture rated) of not less than 33 with driver operated front and side doors. It is agreed that certain seats may be removed from said buses to facilitate the ingress and egress necessary to accommodate the high volume of passenger turnover; except that all buses will provide seats for not less than 26 passengers. The Company will provide the necessary personnel to service the route or routes designated by the University during the period speci- fied in the preceding Paragraph I of this Agreement. The number of buses and the operating periods will be subject to continuous review, and the University will advise Company with regard to its needs and with respect to any changes in the number of buses and/or operating periods; subject to equipment availability, said changes shall be instituted by Company within JUL 2 Fj five (5) days after receipt of written notice from University. Initial service commencing on September 1, 1982, shall be on a schedule provided by the University prior to that date. B. In the event that it develops during any portion of the period first specified in Paragraph I hereinabove, that a change in or extension of a route, removal of a route, or addition of a new route is necessary or desirable, Company shall make such changes or extensions of a route or routes, shall remove a route, or shall add a new route upon University's request. The charges to be made by Company, therefore, shall be upon the basis, and shall be subject to the conditions and limitations, as are set forth in Subparagraph E of this Paragraph herein.below. Also in the event it develops during said period that an additional bus or buses are required in order to meet the demand for said bus service during any operating period or periods, Company, if it is able to provide same, at the University'; written request, shall provide such additional bus or buses for said service during said operating period or periods upon the same basis, as is set forth hereinabove. University shall have the right to terminate any such changes, extensions, or new routes upon five (5) days written notice to the Company. C. Buses shall stop to receive or discharge the passengers entitled to use, and using, bus service at such points as shall be agreed upon from time to time during said period, between Company and University, and University will identify the points at which stops will be made by said buses. Acceptable markers will be provided by the Company. D. Company will exercise due diligence to adhere to the time schedules here- inabove referred to, but minor deviations therefrom due to variations in traffic, weather or load conditions shall not be deemed to be a default hereunder. E. Company shall not collect fares from its passengers, but shall charge University for providing said bus service the sum of twenty-two and 90/100 Dollars ($22.90) per hour base rate for each bus used in said service, which charge shall be adjusted each month to reflect any increase above the monthly average of the actual price paid per gallon of fuel in that month by Company and a base figure of $1.05 per gallon. The adjustment shall be based on fuel consumption of 2.5 gallons per hour of operation per vehicle and shall be accomplished according to the following formula: Adjusted Hourly Rate per Vehicle = Base Rate + 2.5 x Fuel Cost Above $1.05 per gallon. Or Adjusted Hourly Rate per Vehicle = Base Rate - 2.5 x Fuel Cost Below $1.05 per gallon. Company shall submit an invoice at the end of each month showing the amount due for service provided. Contemporaneously therewith, Company will present University with a billing at the close of operations on the last day of each month. Such bill to be paid as promptly as possible in the usual course of University business. The Company will provide income and expense statements at the end of contract period. Me Supplemental Bus Service In addition to the scheduled bus service over specified routes as provided for in Paragraph II hereinabove, Company shall furnish such other supplemental service, if equipment is available, for the transportation of such special groups as may be designated by University. Such supplemental service shall be furnished by Company at any time during the hours from 7:00 a.m. to 11:30 p.m., upon receipt of three (3) days' written notice from University. Company will charge University for providing said supplemental service the sum specified in Subparagraph E of Paragraph II herein - above, for each bus used in said service. Billing periods and reports of Subparagraph E of Paragraph II hereinabove, and subject to Paragraph II, Subparagraphs A and B. 11M Publicity University will undertake and conduct a program designed to publicize the existence of said bus service and to acquaint its staff members and students with the availabil- ity of the same during the period in which it is provided in accordance with and under the Agreement. The Company will provide appropriate time tables for con- venience of students. M Service Provided Company will provide and use at all times, buses that are in good and safe mechanical 1182 3a 2 � V19 will assume full and complete responsibility for the condition of said buses and the qualifications and competence of their drivers, at all times, and University assumes no obligations whatsoever for either of the same. VI. Independent Contractor Relationship In providing and furnishing said bus service during the term hereof, Company shall act solely in the capacity of and as an independent contractor, and not as an agent or employee of University, and University shall have no control over Company's operations in connection with providing said service except as hereinabove provided and University shall have no control or supervision whatever over the drivers of the buses used in said service who shall be employed by Company. Said drivers shall constitute Company's employees only, shall not constitute agents or employees of University, and shall be subject solely to Company's supervision and control. VII. Insurance and Risk A. It is recognized by the parties hereto that Company and the City of Lubbock, Texas, have entered into an agreement for the purpose of Company providing transportation services in and around the City of Lubbock, including to the University. That under said agreement the City carries and keeps in force an insurance policy insuring both City and Company against liability for personal injury or property damages arising out of the operation of said bus services and that the services provided herein are also conducted pursuant to the Agreement between the City of Lubbock and Company. At all times during which Company shall provide the bus services mentioned herein and upon the above and foregoing terms and conditions, University shall be protected under City's insurance coverage against liability and personal injuries or personal damages arising out of the operations of said bus service to the extent of at least $100,000 for personal injury to any one person, $300,000 for each occurrence, and $50,000 for property damages sustained in any accident or occurrence arising out of the operation of said bus service and the University shall be furnished a certificate of City's insurer showing coverage to be at least in the sums just stated. Said insurance policy shall name and include "The Board of Regents of Texas Tech University" as names insured. Said policy or policies shall, upon request, be subject to the examination and approval of University. B. Company, as a named insured under City's insurance coverage, assumes to the extent of the insurance coverage maintained by the City, the risk of and University shall not be liable for damage to any and all buses or other Company property used in the bus service operation regardless of the cause thereof. To the extent of the proceeds of such insurance, the University shall be reimbursed for any damage or injury to University property arising out of or resulting from the said bus service operation except that no such reimbursement shall be made for (1) damage to pavement by normal operation of buses, or (2) any damage or injury caused by acts or omissions over which Company, its employees, or agents had no control. VIII. Maintenance Company agrees to maintain and operate said bus service and the buses used in pro- viding the same in a safe, efficient and lawful manner and, in so doing, shall comply with all applicable statutes, municipal ordinances, and traffic rules and regulations promulgated by the University. IX. Miscellaneous A. It is further agreed that this Agreement is made solely for the benefit of University and Company, that it is not made for the benefit of any third person, whether a staff member or student of University, or otherwise, and that no action or defense may be founded upon this Agreement except by the parties signatory hereto. B. In no event shall the Company be deemed to be in default of any provision of this Agreement for failure to perform where such failure is due solely to strikes, walkouts, civil insurrections or disorders, acts of God, or for any other cause or causes wholly beyond the control of the Company. In such eventuality, the University shall have the right to procure appro- priate transportation service from others during the period. If, for any reason beyond the control of the University, including but not limited to epidemics, student strikes or disorders, or severe weather conditions, the University may, upon twelve (12) hours notice to the Company, request the temporary suspension of bus service until the resumption of normal class schedules, in which event the Company will not furnish buses or be paid fur qi-rN7-irP.q anti the rp.qumntion of service. The University shall- in 0 JUL 2 2 iqp 1183 F)" 82-41A-1183-1827 (30) *Amends Ordinance #7642, 3/23/78 IN WITNESS WHEREOF, the parties hereto have caused the Agreement to be executed in their respective names and behalf by their duly authorized officers and agents and their respective seals to be hereunto affixed, all as of the 24th day of June, A.D., 1982. TEXAS TECH UNIVERSITY /S/ Lauro F. Cavazos Dr. Lauro F. Cavazos, President and Chief Executive Officer ATTEST: /S/. Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer TRANSIT MANAGEMENT COMPANY OF LUBBOCK /S/ Dwight Maddox Dwight Maddox, Vice President ACKNOWLEDGED AND AGREED TO only in as far as set out in Section VII A and B: Caloft d IMR113 i":/ /S/ Bill McAlister BILL McALISTER, MAYOR APPROVED AS TO CONTENT: /S/ John L. Wilson John L. Wilson, Transit Coordinator APPROVED AS TO FORM: /S/ Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney Consider an ordinance amending Chapter 12A of the ,Code of Ordinances entitled "Flood Hazard Areas." Ordinance No. 8347 In 1972, the City made application to be included in the National Flood Insurance Program with subsequent flood hazard boundary maps being issued by HUD in 1974 and 1976. This provision is for the benefit of the homeowners in those designated areas and places the City under the Regular Program for the National Flood Insurance whereas we have been operating under the "Emergency Plan." The effective date of this would be September 2, 1982 and provides for full coverage of flood insurance to the residents within the City. The contract reflects that a flood insurance study for the City was completed by March 2, 1982; it deletes "seven (7) feet below" to the base flood elevation and allows the granting of variances to structures built and the cost of flood insurance for the structures; and it includes mobile homes and requires that they be anchored with all mobile homes being located in a park and to be built above the base floor level whereby there is adequate surface drainage and access for a hauler. The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass Ordinance 8347 on first reading. Motion carried: 5 Yeas, 0 Nays. HW/mck ORDINANCE NO. 8347 AN ORDINANCE AMENDING CHAPTER 12A OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, ENTITLED "FLOOD HAZARD AREAS", BY AMENDING SECTION 12A-4 THEREOF GOVERNING THE BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD; AMENDING SECTION 12A-7 GOVERNING VARIANCE PROCEDURES; AMENDING SECTION 12A-8 GOVERNING PROVISIONS FOR FLOOD HAZARD REDUCTION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY AS PROVIDED IN SECTION 1-5 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK; AND PROVIDING FOR PUBLICATION. 82-41A-1183-1828 Consider a resolution authorizing the Mayor to execute a special warranty deed for (31) property. in the Suburban Homes Addition. Resolution No. 1150 There is a remnant of property located at the corner of 43rd and Avenue D which is 33.5 feet wide and 126.5 feet long and does not meet the minimum zoning requirements for a single family residence development (50 feet width lot). The adjacent property owners, Leonard and Mary Valdez, have offered the City $500 for the purchase of this remnant. It has been appraised by the Appraisal District for $1,490. It is zoned for R-2. By accepting the offer from Mr. and Mrs. Valdez, it would remove the remnant which is unusable for City purposes from the tax rolls and would eliminate the maintenance and the cutting of the weeds which is now re- 1184 j_ 2; Resolution 1150 accepting the offer of $500 from Mr. and Mrs. Leonard Valdez for the remnant parcel located at 43rd Street and Avenue D. Motion carried: 5 Yeas, 0 Nays. JWF: j s RESOLUTION NO. 1150 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 Special Warranty Deed in favor of Leonard Santibanez Valdez and wife, Mary Estrada Valdez 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 22nd day of July , 1982. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ 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 SPECIAL WARRANTY DEED THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK THAT the CITY OF LUBBOCK, acting through its Mayor hereunto duly authorized, herein called "GRANTOR", for and in consideration of the sum of TEN AND N01100 DOLLARS ($10.00), and other good and valuable consideration to GRANTOR in hand paid by LEONARD SANTIBANEZ VALDEZ and wife, MARY ESTRADA VALDEZ, hereinafter called "GRANTEES", in cash, the receipt and sufficiency of which is hereby acknowledged and confessed, and for the payment of which no right or lien, express or implied is retained: Have GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY unto the said GRANTEES of Lubbock County, Texas, all that certain tract and parcel of land lying and being situated in Lubbock County, Texas, as follows: BEGINNING 25 feet South and 5 feet West of N.E. corner Block 31, Suburban Homes Addition to the City of Lubbock, Lubbock County, Texas THENCE South 32.5 feet to a point; THENCE West 126.5 feet to a point; THENCE North 32.5 feet to a point; THENCE East 126.5 feet to the Point of Beginning. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging to the said GRANTEES, their heirs and assigns, forever and the said GRANTOR does hereby bind itself, its successors and as-,zi­ to WARRANT AND. FOREVFR DEFEND all and singular the said _1185 M premises unto the said GRANTEES, their heirs and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof by, through, and under GRANTOR. WITNESS ITS HAND this 22nd day of J CITY OF LUBBOCK BY: /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Tom Nivens Tom Nivens, Right of Way Agent APPROVED AS TO FORM: /S/ J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney 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 the said BILL McALISTER, Mayor 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, and in the capacity herein stated as the act and deed of the said City. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 29 day of July , 1982. Vicki Green Notary Public, Lubbock County, Texas My Commission Expires: 6/7/86 82-41A-1185-1829, Consider an ordinance to abandon and close an easement in Tract B, Sewell Addition. (32) Ordinance No. 8348 This action is a blanket underground utility easement and transformer pad easement which was granted by plat on July 17, 1981. This is located north of the Levelland Highway and east of Iola Avenue. The Hunt Building Corporation of El Paso is requesting its closure pursuant to the instructions of their lender. JWF:js ORDINANCE NO. 8348 AN ORDINANCE ABANDONING AND CLOSING A BLANKET UNDERGROUND UTILITY EASEMENT AND TRANSFORMER PAD EASEMENT GRANTED TO THE LUBBOCK POWER AND LIGHT COMPANY, AN ELEC- TRICAL PUBLIC UTILITY SYSTEM OWNED BY THE CITY OF LUBBOCK LOCATED IN TRACT B, SEWELL ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS AND MORE PARTICULARLY DES- CRIBED HEREINAFTER IN THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION. 82-41A-1185-1830 Consider an ordinance to abandon and close a portion.of an easement in the Park (33) Lorraine Addition. Ordinance No. 8349 This would abandon and close a portion of a 20' drainage and utility easement located in the Park Lorraine.Addition (Lots 165 and 166) which are cul-de-sac lots on 37th Street east of Ironton Avenue. The cost to the petitioner is $200 and would allow him space for a five foot setback. The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass Ordinances 8348 and 8349. Motion carried: 5 Yeas, 0 Nays. HW/mck ORDINANCE NO. 8349 11006 31JIL � 2 1Qq? 82-41A-1186-1831 Consider a resolution authorizing the City to make a -formal offer for property in (34) Section 33, Block A. Resolution No. 1151 This action authorizes the City to make a formal offer to J. R. Cone and James Raymond Cone, Trustees, Cone Sisters' Trust, for a 70 acre tract of land located west of the City's sanitary landfill and east of FM Highway 1264. The offer is in the amount of $38,100 and the action also contains a condemnation procedure, if necessary. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution 1151 authorizing the formal offer to the above referenced tract. Motion carried: 5 Yeas, 0 Nays. HW: da RESOLUTION NO. 1151 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety, and welfare demand and create a public necessity for the construc- tion, maintenance and operation of a sanitary landfill for the disposal of garbage, rubbish and trash for the betterment of public health conditions in the City of Lubbock, which is determined to be a public municipal purpose deemed advisable for said City by its City Council pursuant to Article 1175(15), V.A.C.S., and this City Council of said City finds it in the best public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described real estate located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: A parcel of land containing 69.68 acres of land, more or less, and more particularly described by metes and bounds as follows: BEGINNING at a 2" iron rod set in the North line of Section 33, Block A, for the Northwest and beginning corner of this tract, whence a found railroad spike the Northwest corner of Section 33, Block A bears South 89'59'06" West 639.71 feet; THENCE North 89'59'06" East along the North line of Section 33, Block A, 1980.0 feet to a 2" iron rod set for the Northeast corner of this tract, whence a found 3/4" iron pipe, the Northeast corner of Section 33, Block A bears North 89'59'06" East 2620.0 feet; THENCE South 0023'54" East at 25.0 feet pass a IV' iron rod, continuing for a total distance of 2200.0 feet to a 2" iron rod, set for the Southeast corner of this tract; THENCE North 56040'38" West, 2381.79 feet to a 2" iron rod, set for the South- west corner of this tract; THENCE North 0019'20" West at 866.0 feet pass a 2" iron rod, continuing for a total distance of 891.0 feet to the PLACE OF BEGINNING. SECTION 2. THAT the owners of said land including J. R. CONE and JAMES RAYMOND CONE, as Trustees of the Cone Sisters Trust, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $38,100, which is the amount ap- praised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 22nd day of July , 1982. ISI Bill McAlister BILL McALISTER, MAYOR ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Tom Nivens Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: III 82-41A-1187-1832 Consider a resolution authorizing the Mayor to execute a contract with the Texas (35) Department of Human Resources for a weatherization assistance grant. *Contract for Weatherization Resolution No. 1152 Assistance for. Low Income Persons This portion of the weatherization program has been transferred to the Department of and Weatherization Human Resources and is in the amount of $58,629 which would weatherize a minimum of Contract located 64 dwelling units. The program will be administered and monitored by the Community in file. Services Division. The allowable expenditures per dwelling is set at $1,000 although most of the expenditures average about $600. The contract is good for one year expiring July 30, 1983. The funds also include an audit for the grant in the amount of $1,000. The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to pass Resolution 1152 authorizing the above referenced weatherization grant. Motion carried: 5 Yeas, 0 Nays. DGV:mck RESOLUTION NO. 1152 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract with the Texas Depart- ment of Human Resources for Weatherization Assistance for Low Income Persons, at- tached 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 ATTEST: 22nd day of July ,1982. ISI Bill McAlister BILL McALISTER, MAYOR ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: ISI Donald G. Vandiver Donald G. Vandiver, First Asst. City Attorney 82-41A-1187-1833 Consider a resolution authorizing the Mayor to execute a dedication deed for (36) Municipal Hill Addition, Tract A. Resolution No. 1153 The Engineering Department has completed the platting for the entire Municipal Hill area to include the fire training building, the power plant, garage, the animal shelter, police academy, and traffic engineering building. The only property ex- cluded is the property which is owned by the state highway department. The plat has been approved by the Planning and Zoning Commission. The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass Resolution 1153. Motion carried: 5 Yeas, 0 Nays. JWF:da RESOLUTION NO. 1153 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 Dedication Deed for Tract A, Municipal Hill Addition to the City of Lubbock, Lubbock County, Texas, 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 22nd day of July ,1982. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: S1 Guy Wilson 1188 THE STATE OF TEXAS COUNTY OF LUBBOCK § This is to certify that the City of Lubbock, a home rule municipality located in Lubbock County, Texas, is the sole owner of a tract of land more particularly described as follows: Property described on Exhibit A attached. the undersigned does hereby plat the above -described property into lots and blocks, designating streets, alleys, easements (surface and/or underground), and other properties therein shown in accordance with the attached map, prepared by Tommie E. Anderson, Registered Public Land Surveyor, on the 29th day of June, 1982, and approved by the Planning Commission of the City of Lubbock on the 7th day of July, 1982, and desiring to have the said property platted and duly filed for record as required by law, all as shown on the attached map; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That for and in consideration of the special benefits to the remainder of its property, the undersigned does hereby DEDICATE all the streets, alleys, easements (surface and/or underground), and other public properties thereon shown and designated upon said map to the PUBLIC for PUBLIC USE FOREVER; and by these presents does impress the name of "TRACT A, MUNICI- PAL HILL ADDITION to the City of Lubbock, Lubbock County, Texas" upon said property for the correct reference and description thereon as indicated upon the attached map, and it does hereby adopt the name hereinabove stated and impress the same upon the said land, incorporating said map as a part of this dedication. EXECUTED this 22nd day of July , 19 82 . /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Guy Wilson Guy Wilson, Water Utilities Engineer APPROVED AS TO FORM: /S/ 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 BILL McALISTER, Mayor of the City of Lubbock, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City, and that he executed the same as the act of said City for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 29nd day of July 19 82. Vicki Green Notary Public, Lubbock County, Texas 82-41A-1188-1834 Consider accepting water and sewer improvements in Whisperwood Addition: (37) 82-41A-1186-1835 a. Lots 160 - 188 (37a) Resolution No. 1154 RESOLUTION NO. 1154 RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 160 THROUGH 188, WHISPERWOOD ADDITION. WHEREAS, the developer of Lots 160 through 188, Whisperwood Addition have complied with the provision of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for said addition in accordance with 1189 JUL 2 21 determined by the unit prices established by said Chapter 34, and $8817.28 cash paid to the City, with Tara Land Co., the developer, to receive no refund in accordance with Chapter 34 of the Code of the City of Lubbock, and, WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. 2. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 22nd ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary APPROVED AS TO CONTENT: ISI Wilford D. Watson Wilford D. Watson, Chief Water Utilities Engineer APPROVED AS TO FORM: ISI J. Worth Fullingim Asst. City Attorney 82-41A-1189-1836 b. Lots 189 - 196 (37b) Resolution No. 1155 DAY OF July , 1982 . ISI Bill McAlister Bill McAlister, Mayor RESOLUTION NO. 1155 RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 189 THROUGH 196, WHISPERWOOD ADDITION. WHEREAS, the developer of Lots 189 through 196, Whisperwood Addition have complied with the provision of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for said addition in accordance with paragraph 61 of said Chapter 34, and WHEREAS, the total utility cost to the developer is $11,932.60 with the improve- ments constructed by Panhandle Construction Co. having a value of $11,090.27 as determined by the unit prices established by said Chapter 34, and $842.33 cash paid to the City, with Tara Land Co., the developer, to receive no refund in accordance with Chapter 34 of the Code of the City of Lubbock, and, WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. 1190 O'L � % A�aZ 82-41A-1190-1837 (38) *Refer to Reso 1002, 12/17/81 for certifi- cate of completion, Change Order #1, and Specifications and Contract Documents 82-41A-1190-1838 (39) *Included in File for Reso 1156 are five agreements for well numbers 241,242,243, 244,245 and a cover letter from Duane Lloyd 2. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 22nd DAY OF July 1982 /S/ Bill McAlister Bill McAlister, Mayor ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary APPROVED AS TO CONTENT: ISI Wilford D. Watson Wilford D. Watson, Chief Water Utilities Engineer APPROVED AS TO FORM: /S/ J. Worth Fullingim Asst. City Attorney The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass Resolutions 1154 and 1155 accepting the above referenced improvements. Motion carried: 5 Yeas, 0 Nays. Consider acceptance of the painting of the elevated water tower at 50th and Joliet, and authorize final payment (Rocky Mountain Coatings, Inc.; Reso. 1002, 12/17/81). The painting of the water tower at 50th and Joliet has been completed and inspected by the Staff. The final cost is in the amount of,$56,094 with final payment in the amount fo $2,804.70. The contracter (Rocky Mountain Coating, Inc.) has indicated that all claims for "splattered cars" have been settled. The motion was made by Councilman Aderton, seconded by Councilwoman Baker to accept the project as inspected by the staff and to authorize final payment. Motion carried: 5 Yeas, 0 Nays. Consider a resolution authorizing the Mayor to execute a service agreement with Bailey County Co-op. Resolution No. 1156 LP&L has constructed power service to 17 of the 25 wells in the Sand Hills Well Field. The eight remaining wells are at a location in which it is difficult to maintain electric service without excessive cost. Therefore, the City would like to secure electrical service from the Bailey County Co -Op. The cost would be $2.00 per foot above 50 feet of line per horsepower which totals $23,788. This is more cost effective than constructing and maintaining electrical service from the LP&L station. The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Resolution 1156 authorizing the above contract. Motion carried: 5 Yeas, 0 Nays. JFW:cl RESOLUTION NO. 1156 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock five Agreements for Electrical Service for Wells Nos. 241, 242, 243, 244 and 245 with Bailey County Electric Cooperative Association to furnish electrical service to such wells in accordance with such Agreements, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. SECTION 2. THE City of Lubbock is required by said Electrical Cooperative to pay $23,788.00 for the City's share in the expense of the extension of utility 1191 JUL 2 2 1982 F, lines in furtherance of said Agreements, and said payment is hereby determined necessary and in the best interest of the citizens of the City of Lubbock. Passed this 22nd day of July 1982. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Wilford D. Watson Wilford D. Watson, Chief Water Utilities Engineer APPROVED AS TO FORM: ISI J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney 82-41A-1191-1839 Consider a resolution authorizing the Mayor to execute.a contract with Carbon (40) Dioxide Technology Corporation to provide standby power service. *NOTE: Also included in file for Reso 1157 Resolution No. 1157 are Standby Power Ser- vice Agreement, copy This contract is for one year with a year-to-year renewal option incorporated into of Reso 386 (1/10/80), the contract with a stipulation that either party may terminate the contract by Agreement pertaining giving 180 days written notice. This contract provides stand-by service, the demand to Reso 386. rate being equal to that rate being charged to LP&L by Southwestern Public Service. The fuel cost adjustment will be the same as that charged to all LP&L customers. There was also a provision that LP&L may interupt service in the event that emer- gencies affecting the system are involved. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution 1157 on the first reading. Motion carried: 5 Yeas, 0 Nays. KJ: cl RESOLUTION NO. 1157 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 Standby Power Service Agree- ment between the City of Lubbock and Carbon Dioxide Technology Corporation, attached herewith which shall be spread upon the minutes of the Council and as spread 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 22nd day of July ,1982. ISI Bill McAlister BILL McALISTER, MAYOR ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Carroll McDonald Carroll McDonald, Director of Electric Utilities APPROVED AS TO FORM: /S/ Ken Johnson Ken Johnson, Assistant City Attorney 1192 82-41A-1192-1840 Consider a resolution authorizing the Mayor to execute a contract with Whitaker, (41) McQueen, Jones, & Associates for architectural services on the terminal expansion at *Also included in the Lubbock International Airport. file for Reso 1158 is the Standard Form Resoll.l.tion No. 11.58 of Agreement between Owner and Architect, The Council authorized the staff to negotiate a contract with Whitaker, McQueen, et and Proposal to the al. for the expansion of the passenger terminal facilities at the International City of Lubbock for Airport. The proposed expansion of the facilities and the modification of the the Lubbock Interna- existing building is estimated at $470,000 for architectural services which would tional Airport Ter- commence immediately and be completed within a 12-month time period. The services minal Expansion provide complete architectural structural, mechanical, electrical, plumbing, civil, interiors and graphics to design, construction of the expansion to the existing facility in the amount of 56,000 - 63,000 gross square feet. There would also be some modifications to the existing facility regarding the loading bridge at Gate 5, auxiliary power at the existing gates, replacement of entrance doors, and general aviation access to include modifying existing lighting. The new expanded area would include the boarding bridges to two new gates, baggage handling systems, airline ticketing and operation areas, security systems, lease space on upper floor, fur- nishings for this space, graphics and coordination of the roadway system. The contract did not contain any landscaping provisions. The motion was made by Councilman Brown, seconded by Councilman Aderton to pass Resolution 1158 authorizing the above referenced contract. Motion carried: 5 Yeas, 0 Nays. DGV:cl RESOLUTION NO. 1158 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 Whitaker, McQueen, Jones & Associates/Hellmuth, Obata & Kassabaum, Inc., to provide architectural, structural, mechanical, electrical, plumbing, civil, interiors, graphics and landscape design services for the Lubbock International Airport, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of July ,1982. /S/ Bill McAlister BILL McALISTER, MAYOR ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: ISI Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney 82-41A-1192-1841 Consider request of R & W ' Supply, Inc. to install LP gas tank at 324 Municipal Drive (42) (City Garage). This request is for R & W Inc. to install a 30,000 gallon LP gas tank at the City Garage on Municipal Drive. The Fire Marshall has inspected the proposed instal- lation and has secured clearance with the Railroad Commission. The motion was made by Councilman Aderton, seconded by Councilwoman Baker to approve the request of R & W, Inc. to install the LP tank as referenced above. Motion carried: 5 yeas, 0 Nays. 82-41A-1192-1842 Consider Bid #6899 for cast iron water pipe (various sizes) (warehouse stock). (43) Low Bidder American Cast Iron Pipe Co. Dallas, Texas ($13,525.00) 82-41A-1192-1843 Consider Bid #6907 for miscellaneous steel pipe and parts (warehouse stock). (44) Items I - 6 Valmont Production Equip., Inc. Lubbock, Texas ($70,497.00) Items 7 - 13 Great Plains Steel & Supply Co. Lubbock, Texas ($6,798.49) 1193 82-41A-1193-1844 (45) 82-41A-1193-1845 (46) 82-41A-1193-1846 (47) h4l11>6) Consider Bid #6905 for miscellaneous electric items (warehouse stock). Item 1 Nelson Electric Supply Lubbock, Texas ($1,517.76) Items 2, 3, 4 Temple, Inc. Lubbock, Texas Items 5, 6 Fields and Company Lubbock, Texas Items 7, 8, 9, 10 C. B. Anderson Company Amarillo, Texas Consider Bid #6908 for 24" sewer pipe and fittings (Water Utilities). Low Bidder Spiral Engineered Systems Woodlands, Texas ($5,109.00) Consider Bid #6913 for turf material for Burl Huffman Complex (Parks & Rec.). Low Bidder Urban Landscapes, Inc. Lubbock, Texas ($16,160.76) In response to Council query, this material is to sprig the softball and soccer fields in preparation for fall tournaments and would allow one month's growing time by using the sprigging method. Ken Dew, the Assistant Purchasing Agent, presented the bids and indicated that all refer- enced bids were the low bidders and met specifications. The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to award the above referenced bids. Motion carried: 5 Yeas, 0 Nays. The Council recessed for lunch, reconvening at 1:40 P.M. with Mayor Pro Tem Henry absent. *E STATE OF TEXAS Rrai' COUNTY OF LUBBOCK xasat ocr , Before me Bonnie McKee a Notary Public in and for Lubbock Co of�aorstder sne1 personally appeared Twi I a Fo I som9 Account Manager of the: fpr an al we l�anii�; pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Eve arinati�"erle�ir+tiAn being by me duly sworn did depose and say that said newspaper has been published . 6ibc�Rareaoc°" than fifty-two weeks prior to the first insertion of this Lega I Notice-151n,fe�r t,e e,fac�rt s�5�e�exa wo rd-$40.77 No. 573261 at Lubbock County, Texas; venue an O�fee ed copy of the Notice is a true copy of the original and wa borasfr Avalanche -Journal on the following dates: d u l y 9' 1982' aapliaata n K 3 5 8 $ Ordnaneea32 Code ees CPvof�u�boaky' °TfiDthisJ�fhd�'1 ,�uF Y' ease�drecf �nyw' ueas��a; nnng' eparfineRf m at� Account Manager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation 9th da of July 19 82 Subscribed and sworn to before me this y BONNIE McXCL NOTARY PUSLIt; IN AND MR THE STATE OF TEXAS _ MY COl1AMI-WON OWES NOV. 10, t ��n � ( sickjY _ FORM 58-10 82-41A-1193-1847 Hold a public hearing.on the Application of Texland Petroleum, Inc. for an Oil and Gas (15) Drilling Permit located 1500' west of University Avenue and 650' south of Marlboro *Publisher's Affidavit Street, designated 0. A. Webb #2 well site. located above. In accordance with the Notice published in the Avalanche -Journal on July 9, 1982, a public hearing was held on this matter. Proponent: Dub Bratcher, on behalf of Texland Petroleum, Inc. 1194 JUL �4 18Z will be located south of the well location, and the closest structure is approximately 500'. The applicant has requested permission to use earthen sludge pits. Mr. Bratcher also indicated that they had included the David Hester tract (10 acres) in the 0. A. Webb #1 well site inasmuch as there was not sufficient parcels to comprise a separate 40 acre production unit. In keeping with that philosophy, this particular tract is a little larger than required in order not to exclude any of the smaller owners. All leases are voluntary with the exception of one property owner. These particular leases were "grand - fathered" whereby only 50% of participants are required to be on a voluntary basis. Ingress and egress will be on Kent which is not paved and is not a dedicated street; thus, there is no damage that can be incurred. The access to the storage units will be the same as to the well site. In light of its proximity, there will be no landscaping requirements. 82-41A-1194-1848 Consider approval of Oil and Gas Drilling Permit to Texland Petroleum, Inc. for 0. A. (16) Webb #2 well site. *Publisher's Affidavit located on p. 1193. The motion was made by Councilwoman Baker, seconded by Councilman Aderton to issue an Oil and Gas Drilling Permit to Texland Petroleum, Inc. for 0. A. Webb #2 well site with all conditions as stated in Sec. 19A of the current ordinance; additionally, the condition that no hydrocarbon lubricant (waste oil) shall be used to free -up the hole during drill- ing until surface casing is set for a minimum depth of 500'. Motion carried: 4 Yeas; 0 Nays; Mayor Pro Tem Henry absent. OIL AND GAS DRILLING PERMIT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK The City.Council-.of the City,.of,Lubbock,. Texas, hereby approves and grants permission to Texland Petroleum, Inc. for the drilling of an oil and,gas well known as the 0. A. Webb No. 2 to be located on the site and in the production.unit indicated on.the application attached hereto and made a part hereof by reference for all purposes. Texland Petroleum, Inc. hereinafter referred to as PERMITTEE, hereby agrees that each provision of Chapter 19A of the Code of Ordinances of the City of Lubbock will be complied with and that this permit is issued contingent upon such compliance. Chapter 19A of the Code of Ordinances of tite City of Lubbock is by reference incorporated herein for all purposes and shall have the same force and effect as if copied verbatim herein. This permit is granted for a period of one hundred ana eighty (100) days frow date of issuance and as long thereafter as the permittee is engaged in drilling operations witl- no cessations of such operations for more than ninety days, or oil or gas is prod-ced in commercial quantities from the well drilled pursuant to such permit. If at any tivie-,after discovery of oil or gas the production thereof in commercial quantities shall cease, the permit shall not expire if the permittee commences additional reworking operations within one hundred and eighty (180) days thereafter, and if they result in the production of oil or gas, so long thereafter as oil or gas is produced in commercial quantities from such well. This permit is granted subject to the following conditions: 9 No hydrocarbon lubricant (waste oil) shall be used to free -up the hole drilling until surface casing is set for a mini -mum depth of 500 feet. The permittee shall meet all other conditions of Section 19A and those speci.- fications indicated within the application for 0. A. Webb Unit #2. The use of earthen slush pits as opposed to steel pits is hereby authorized as requested by Texland Petroleum, Inc., said earthen pits to be constructed in accordance with the requirements as outlined in Section 19A-13 of the Code of Ordinances of the City of Lubbock, Texas. The Well drilled pursuant to this permit shall not exceed a depth of 5,350 feet. The bond and insurance as required by Chapter 19A of the Code of Ordinances of tLe City of Lubbock has been heretofore submitted by the PERMITTEE, and are hereby approved. JUL " z i'�62 1195 PERMITTEE agrees to save harmless the City of Lubbock from and against all claims, suits, damages or losses in any manner arising out of or connected with the drilling and/or operation of this oil and gas well. GRANTED this 29th day of July , 1982. CITY OF LUBBOCK /S/ Larry J. Cunningham Larry Cunningham, City Manager Texland Petroleum, Inc. /S/ R. J. Schumacher R. J. Schumacher, President D ATTEST: /S/ Susan Brooks APPROVED AS TO CONTENT: /S/ Jim Bertram Jim Bertram, Director of Planning APPROVED AS TO FORM: /S/ Susan M. Horton Susan M. Horton, Assistant City Attorney THE STATE OF TEXAS J COUNTY OF LUBBOCK Before me Bonnie McKee a Notary Public in and for Lubbock ( personally appeared -Twi I a Fo I some Account Manager of t pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, E being by me duly sworn did depose and say that said newspaper has been publish than fifty-two weeks prior to the first insertion of this Lega 1 Notice-151 word-$40.77 No. 573260 at Lubbock County, Tex, ed copy of the Notice is a true copy of the original and wa Avajanche-Journal on the following dates: July 99 1982. 3589 -7 Account Manager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 9 t h day of J u I Y 6ONNtE WJ(M NOTARY PUBLIC -. IN AND fW THE STATE OF TUAS My COMMMSION FY^ :,:� ;j• ,,, FORM 58-10 L129 D 4 RX, 19 JAL j �, 82-41A-1195-1849 Hold a public hearing on the Application of Texland Petroleum, Inc. for an Oil (17) and Gas Drilling Permit located 467' west of University and 650' south of Marlboro Street, *Publisher's Affidavit designated 0. A. Webb #3 wellsite. located above In accordance with the Notice published in the Avalanche -Journal on July 9, 1982, a public hearing was held on this matter. Proponent: Dub Bratcher, on behalf of Texland Petroleum, Inc. 0. A. Webb #3 is located adjacent to 0. A. Webb #2 and is included in the same production unit, utilizing the same ingress/egress on Kent Avenue. Likewise, the storage unit will be adjacent to well site and earthen sludge pits are also requested. Proponent indicated 1196 82-41A-1196-1850 (18) *Publisher's Affidavit located on p. 1195 Consider approval of Oil and Gas Drilling Permit to Texland Petroleum, Inc. for 0. A. Webb #3 well site. The motion was made by Councilman Aderton, seconded by Councilwoman Baker to approve the issuance of an Oil and Gas Drilling Permit to Texland for 0. A. Webb #3 with the conditions as outlined in Sec-19A of the Ordinance; additionally, no hydrocarbon lubricant (waste oil) shall be used to free -up the hole during drilling until surface casing is set for a minimum depth of 500'. Motion carried: 4 Yeas; 0 Nays; Mayor Pro Tem Henry absent. OIL AND GAS DRILLING PERMIT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § The City Council of the City of Lubbock, Texas, hereby approves and grants permission to Texland Petroleum, Inc. for the drilling of an oil and gas well known as the 0. A. Webb No. 3 to be located on the site and in the production unit indicated on the application attached hereto and made a part hereof by reference for all purposes. Texland Petroleum, Inc. hereinafter referred to as PERMITTEE, hereby agrees that each provision of Chapter 19A of the Code of Ordinances of the City of Lubbock will be complied with and that this permit is issued contingent upon such compliance. Chapter 19A of the Code of Ordinances of the City of Lubbock is by reference incorporated herein for all purposes and shall have the same force and effect as if copied verbatim herein. This permit is granted for a period of one hundred and eighty (180) days from date of issuance and as long thereafter as the permittee is engaged in drilling operations with no cessations of such operations for more than ninety days, or oil or gas is produced in commercial quantities from the well drilled pursuant to such permit. If at any time after discovery of oil or gas the production thereof in commercial quantities shall cease, the permit shall riot expire if the permittee commences additional reworking operations within one hundred and eighty (180) days thereafter, and if they result in the production of oil or gas, so long thereafter as oil or gas is produced in commercial quantities from such well. This permit is granted subject to the following conditions: 1. No hydrocarbon lubricant (waste oil) shall be used to free -up the hole during drilling until surface casing is set for a minumum depth of 500 feet. 2. The permittee shall meet all other conditions of Section 19A and those specifications indicated within the application for 0. A. Webb Unit #3. The use of earthen slush pits as opposed to steel pits is hereby authorized as requested by Texland Petroleum, Inc., said earthen pits to be constructed in accor- dance with the requirements as outlined in Section 19A-13 of the Code of Ordinances of the City of Lubbock, Texas. The Well drilled pursuant to this permit shall not exceed a depth of 5,350 feet. The bond and insurance as required by Chapter 19A of the Code of Ordinances of the City of Lubbock has been heretofore submitted by the PERMITTEE, and are hereby approved. PERMITTEE agrees to,save harmless the City of Lubbock from and against all claims, suits, damages or losses in any manner arising out of or connected with the drilling and/or operation of this oil and gas well. GRANTED this 29th day of July... 1982. CITY OF LUBBOCK /S/ Larry J. Cunningham _ Larry Cunningham, City Manager Texland Petroleum, Inc. /S/ R. J. Schumacher R. J. Schumacher, President ATTEST: ISI Susan.Brooks APPROVED AS TO CONTENT: /S/ Jim Bertram Jim Bertram, Director of Planning APPROVED AS TO FORM: /S/ Susan M. Horton Susan M. Horton, Assistant City Attorney 1197 jut i; I r ' ILP� i THE STATE OF TEXAS COUNTY OF LUBBOCK Bonnie McKee K e e the 0000seek �.c�onsictervng Before me a Notary Public in and for Lubbock Cpiication ofa °xiand sPetrole�m fy who us r u s �i�n a t31 aid Ca personally appearedTwi_I a Fo I some Account Manaesr of th`Drtnms� rittfr� n�oriwtian ti storage unit bear�Hg the le&at00, pers Corporation, publishers of the Lubbock Avalanche -Journal — MorningEv crrtoriasfoiow ' On a sttecwith�n ract 3 A of ec "! �t beingb me duly sworn did depose and say that said: news a er has been ublishe tton ?t r3ta� a lutbac ountv�r y y P Y P P P Texas�ng�matetr, 3 s � }}� than fiftY two weeks prior to the first insertion of this _ fee�tno�rth tn� � r,�ctatme,�a d i i lOq+feetz as o hey est tract inn W O r d-$ 45.0 9 5 7 3 2 6 2 The propos Y Iocat,Son is atso,de No. at Lubbock County. Texa scribed asya pro' �mati,}tl§feett- ed copy of the N o ice is a true co of the on ina l and wa:'"' st °f �r '�. n° n° t i P. P.Y g F k 1� Avalanche -Journal on the following es: datJuly 99 1982, � � Iic hearing on t egref� °� I K 3 5 8 7 fenced aPPiication�irfaordaices' 'I nc�Ctvocfetubiackexardi �I Account Manager' LUBBOCK AVALANCHE -JOURNAL j 1 Southwestern Newspapers Corporation D ( Subscribed and sworn to before me this 9 t h day of July 19 82 2 BONNIE MCKEE, NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS MY COMMISWN WIRES NOY.., FORM 58-10 I� i i� I� I 82-41A-1197-1851 Hold a public hearing on the Application of Texland Petroleum, Inc. for an Oil (19) and Gas Drilling Permit located 1100' west of IH-27 and 800' north of FM 2641, *Publisher's Affidavit designated Red Raider Unit #1 well site. located above. In accordance with the notice published in the Avalanche -Journal on July 9, 1982, a public hearing was held on this matter. 1, Proponent: Dub Bratcher, on behalf of Texland Petroleum, Inc. Bill Rank, El -Ran Exploration i This production unit contains 47.86 acres and all leases for 33.7 of the acres were "grandfathered." The well site and the storage tanks are on the same site and no landscaping is required due to its location. Earthen sludge pits are requested. Also, the production unit is in the vicinity of the Road House Restaurant And the closest structures are mobile homes located on Tract 375 j all of which are more than 200' from the well site. Ingress/egress is on a stripped -paved road north of FM-2641, leading westward to IH-27. The road is I not a dedicated street and therefore is not maintained. The well site is lined with horse stables and with agricultural uses. The proposed land use map reflects that residential and commercial uses are located north and south i! of FM-2641, but there is little evidence of any planned development. �i One unique situation regarding this particular request is that the mineral rights are shared by two people on a 50/50 basis, of which one of the parties 1� is under a voluntary lease agreement and the other party is being forced pooled. The one party being forced pooled owns 100% of the surface rights, and pursuant to a similar situation previously considered by the Council, and j! in accordance with the Council's policy, it is the position of the City Attorney that the well site cannot be located on any tract where the surface owners are not voluntarily in the production unit. To eliminate any difficulty in this regard, the Texland people have traded 0il and Gas Leases with the El -Ran Company in order to have total control of the Oil and Gas Leases on which the well site is to be located. Mr. Rank spoke to this particular issue and indicated that this was agreeable to all the parties and they would be willing to execute the assignments whenever they had been submitted by Texland. It _! is staff recommendation that documentation be in hand before the Oil and Gas j Permit is issued. if i There being no further discussion and no opposition, the hearing was closed. 1198 82-41A-1198-1852 Consider approval of Oil and Gas Drilling Permit to Texland Petroleum, Inc. (20) for Red Raider Unit #1 well site. *Publisher's Affidavit located on p. 1197. Tae motion was made by Councilwoman Baker, seconded by Councilman Brown to issue the above Oil and Gas Drilling Permit to T6xland for Red Raider Unit #1 well site subject to the following conditions: That all the conditions , stipulated in Sec. 19-A of the Ordinance be in force; that no hydrocarbon lubricant (waste oil) shall be used to free -up the hole during drilling until surface casing is set for a minimum depth of 500'; and that written documenta- tion regarding the 100% mineral rights control by Texland for Parcel 3-A-2 be in hand before the Oil and Gas Permit is issued. Motion carried: 4 Yeas; 0 Nays; Mayor Pro Tem Henry absent. OIL AND GAS DRILLING PERMIT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK The City Council of the City of Lubbock, Texas, hereby approves and grants permission to Texland Petroleum, Inc. for the drilling of an oil and gas well known as the Red Raider Unit No. 1 to be located on the site and in the production unit indicated on the application attached hereto and made a part hereof by reference for all purposes. Texland Petroleum, Inc. hereinafter referred to as PERMITTEE, hereby agrees that each provision of Chapter 19A of the Code of Ordinances of the City of Lubbock will be complied with and that this permit is issued contin- gent upon such compliance. Chapter 19A of the Code of Ordinances of the City of Lubbock is by reference incorporated herein for all purposes and shall have the same force and effect as if copied verbatim herein. This permit is granted for a period of one hundred and eighty (180) days from date of issuance and as long thereafter as the permittee is engaged in drilling operations with no cessations of such operations for more than ninety days, or oil or gas is produced in commercial quantities from the well drilled. if at any time after discos.Tery of oil or �'as the pro( uctior_ thereof 4-n commer- cial quantities shall cease, the permit shall not expire if the permittee commences additional reworking operations within one hundred and eighty (180) days thereafter, and if they result in the production of oil or gas, so long thereafter as oil or gas is produced in commercial quantities from such well. This permit is granted subject to the following conditions: 1. No hydrocarbon lubricant (waste oil) shall be used to free -up the hole during drilling until surface casing is set for a minumum depth of 500 feet. 2. The permittee shall meet all other conditions of Section 19A and those specifications indicated within the application for Texland Red Raider Unit #1. 3. Permittee shall provide written documentation evidencing voluntary control of 100% of the mineral rights for Parcel 3-A-2 prior to the issuance of this permit. The use of earthen slush pits as opposed to steel pits is hereby author- ized as requested by Texland Petroleum, Inc., said earthen pits to be constructed in accordance with the requirements as outlined in Section 19A-13 of the Code of Ordinances of the City of Lubbock, Texas. The Well drilled pursuant to this permit shall not exceed a depth of 5,350 feet. The bond and insurance as required by Chapter 19A of the Code of Ordinances of the City of Lubbock has been heretofore submitted by the PERMITTEE, and are hereby approved. .1,199 JUL 2 2 PERMITTEE agrees to save harmless the City of Lubbock from and against all claims, suits, damages or losses in any manner arising out of or connected with the drilling and/or operation of this oil and gas well. GRANTED this 29th day of July , 1982. CITY OF LUBBOCK /S/ Larry J. Cunningham Larry Cunningham, City Manager Texland Petroleum, Inc. /S/ R. J. Schumacher R. J. Schumacher, President ATTEST: /S/ Susan Brooks APPROVED AS TO CONTENT: /S/ Jim Bertram Jim Bertram, Director of Planning APPROVED AS TO FORM: /S/ Susan M. Horton Susan M. Horton, Assistant City Attorney 82-41A-1199-1853 Hold a public hearing regarding a request for 62nd Street to be blocked (21) to thru traffic at York Drive. In accordance with the Notice posted on July 16, 1982, a public hearing was held on the above matter. Mayor McAlister announced that the procedures to be followed on this matter would be that the staff would present the background information followed by testimony from those present in the Council Chambers. Residents on 62nd Street appeared before the Council on July 8, 1982 at the public hearing on proposed paving improvements, and the City Attorney ruled that they could not speak at this particular time because the testimony to be heard was related to street paving improvements and not.to the subject on which they wished to speak, even though a portion of their street was involved in the proposed paving improvements. They met with Director of Planning Jim Bertram at that time and were invited back on this date. The residents have submitted a petition and have requested that the City erect a barrier on 62nd Street at York Drive to block thru traffic. Historically, as presented by Mr. Bertram, on February 12, 1976, Mr. Reuel Nash appeared and requested that traffic signal be installed at 62nd Street and Slide Road as a part of his development of the Crossroads Shopping Center, offering to absorb the entire expense of $10,000. At that time the Council unanimously voted to grant the request. On March 29, 1976, the matter was reconsidered and the motion was made to recind this previous action for the installation of traffic signals at the expense of the developer, but..the motion failed to pass. Therefore the matter is still in effect and as the Council minutes presently reflect, if.the developer came in and paid the stated sum, the City would be required to install the traffic signal. In July of 1976, a letter was presented by Attorney.J. Q. Warnick on behalf of the Williams Neighborhood Association proposing several suggestions to their high volume traffic, one of which was a barrier or a cul-de-sac on 61st at Utica, or cul-de-sac on 60th Street and Slide Road. At that time, there were a few stop signs restricting east -west traffic. The staff at that time did not feel that a barrier or a cul-de-sac was the appropriate solution as it would simply shift the traffic volume to the east -west streets, but the Council did authorize that a stop sign be placed .on.the east -west streets including 62nd Street to serve as a deterent, and periodically traffic counts were to be made. 1200 JUL 2 2 1982 As stated above, this group appeared on July 8, 1982, and met with Mr. Bertram inasmuch as they were not able to testify at the public hearing regarding paving improvements. Additionally, Mr. Bertram reported that the Traffic Engineering Department had made traffic counts. Historically, in 1976 the traffic volume on 62nd Street at Raleigh was 449; in 1978, the traffic volume on 62nd Street at Utica was 114; and in 1981 the traffic volume on 62nd Street and Raleigh was 541. In accordance with the warrant for the installation of traffic signals, this volume is not sufficient. Since meeting with the representatives of the William Neighborhood Homeowners Association (WHOA), a traffic volume count has been monitored as follows: 1982 - Tuesday, July 13 - 62nd Street west of Utica - 463 Tuesday, July 13 - 62nd Street east of Utica - 454 Wednesday, July 14 - 62nd Street west of Utica - 508 Wednesday, July 14 - 62nd Street east of Utica - 383 Saturday, July 17 - 62nd Street west of Wayne - 503 Friday, July 16 - 60th Street west of Utica - 383 Friday, July 16 - 60th Street east of Utica - 432 Friday, July 16 - 61st Street west of Utica - 257 Friday, July 16 - 61st Street east of Utica - 373 Following the recent traffic volume count, the staff is still of the opinion that the traffic volume does not justify diverters. With respect to the installation of a traffic signal at Slide and 62nd Street, warrants for the installation of such a signal are not met. To do so would result in having five (5) traffic signals within a half mile on Slide Road which would curtail the flow of traffic considerably. With respect to erecting a concrete diverter on 62nd at York, the estimated cost for a concrete lay -on diverter is approximately $4,680, but the traffic volume does not warrant such a decision as this. To do so, the traffic volumes would shift to either 61st Street or 60th Street, and it is the staff's opinion that such decision be postponed until the traffic volumes on 62nd increase. Additionally, this is the route that Citibus now uses and such a concrete diverter would require them to shift their route to 63rd and York Drive. Another alternative would be the construction of a median at the intersection of 62nd Street and Slide Road to allow only left turns for northbound and southbound traffic. It is anticipated this would create opposition from the owners and tenants of the Crossroads Shopping Center. Such a median would cost $2,487. A second intersection is provided directly into the Mall at 62nd Street, and such a median would eliminate that direct access to the Mall across Slide on 62nd Street. A concrete diverter on 62nd Street at Utica, which the representatives of WHOA have requested, would simply shift the traffic to either 61st Street, 60th Street or 63rd Street and would not solve the problem but only relocate it. Appearances: Mr. Rob Adair 4914 - 62nd Beckie Peterson 4409 - 62nd with Karon Lloyd Watts 4411 - 62nd Elissa Watt 4411 - 62nd Jim Bryce 4504 - 62nd Jerry Shapley 4917 - 62nd A. W. Jackson 4502 - 62nd Mr. Adair served as the spokesman for WHOA and made a slide presentation to accompany his comments. In essence, the thrust of his presentation was that this is the third time the WHOA Organization had appeared before the Council to ask for a solution to the high traffic volume on 62nd Street; that they were very much in favor of the paving as proposed, but with the completion of that, it would accelerate and increase the traffic volume; that in addition to the high traffic volume, other hazards on 62nd was the street's width which was not in accordance with standards, and, from the staff's point of view, it is a collector street which is 42' - 46' in width, and this is only a 36' width residential street, and they are desirous of maintaining it as a resi- dential street and not a collector street; that there is a jog in the platting process; that there is hazardous traffic flow at 62nd Street and Quaker across from the Elmore Park whereby visibility is obscured by telephone poles and shrubbery, et cetera. In summation, he reiterated that their request for a blockage at 62nd Street and York Avenue, which would provide for westbound traffic from 62nd on York Avenue and eastbound traffic on 62nd for York Drive. Mr. Adair also made other points of reference to 62nd Street being open onto Slide Road as well as to Quaker; that there were cul-de-sacs created on other streets which served as a deterrent, and they felt therefore the precedent had been established. He summarized his presentation by reiterating the fact that they are not opposed to the proposed paving, that their interest was for 62nd Street to be maintained as a residential street, and to permanently solve the problem for them inasmuch as this is their third appearance before the Council. .1201 JUL / 1 . a Ms. Peterson reported that there were 115 children on 62nd Street and the hazards with a pending tragedy because of the access to the Mall and the high traffic volume. Mr. Watts indicated that with the costs as stated above, that the residents on 62nd Street would be willing to absorb one-half of the costs and the entire amount if they.could raise that amount of money, if only the Council would approve the blockage as requested. Following all discussion, testimony and presentation by staff, the hearing was closed at 3:05 P.M. Councilwoman Baker prefaced her motion by stating that it is the responsibility of the Council and the staff to see that traffic moves smoothly, and to create a diverter which would merely relocate the traffic volume to other neighbor- hoods was not a good solution, nor was it fair, and she therefore moved that E the request be denied; that the motion approved by the previous Council on February 12, 1976, regarding the installation of a traffic signal to be funded by the developer, be rescinded at the August 22, 1982 meeting; that the staff monitor 62nd Street for a period of six (6) months after the completion of the paving to see if the traffic volume does in fact increase, thus calling for some further remedy; and for the staff to report back to the Council at the conclusion of this time. Councilman Aderton requested that the motion be amended to remove the cul-de- sac on 60th and Quaker so the two streets are the same in character. Councilwoman Baker accepted the amendment. Councilman Brown seconded the motion and amendment. Motion carried: 3 Yeas; Mayor McAlister voted Nay; and Mayor Pro Tem Henry absent. Mayor McAlister again stated that it was a mistake not to provide the diverter at York Avenue and the cul-de-sac should remain in effect on 60th and Quaker. 82-41A-1201-1854 Consider two appointments to the ELECTRIC UTILITIES BOARD. The terms of (48) Lonnie Hollingsworth and Betty Wheeler expired 6/30/82. �i Ii Appointed: John W. Burdette, CPA 2915 - 69th (13) 797-4634 First National Bldg. 1500 Broadway (01) 765-7781 Joe A. Norris 4809 - 43rd (14) 795-8123 Retired Term: 7/22/82 - 6/30/86 82-41A-1201-1855 Consider one appointment to the ZONING BOARD OF ADJUSTMENT. Alternate member (49) David Garza's term expired 7/10/82. Reappointed: David Garza 5218 - 15th (07) 792-9671 Attorney Court Place 765-7153 Term: 7/22/82 - 7/10/84 82-41A-1201-1856 Consider two appointments to the CITIZENS TRAFFIC COMMISSION. The terms of (50) Tim Lancaster and David A. Miller expired 7/13/82. Reappointed: Tim Lancaster 3011 - 68th (13) 797-7996 Lubbock National Bank 762-8800 David A. Miller 3316 - 76th 792-8220 f Amco Med. Serv. Inc. P.O. Box 6691 (08) 792-2882 i Appointed: Harry Eastus 5709 - 36th (14) 795-8123 Postal Employee (to fill unexpired term of Bruce Collier) Terms: 7/22/82 - 7/13/84 1202 JUL 4 z lb& 82-41A-1202-1857 Consider appointment of additional members to the JUBILEE 75 COMMITTEE, as (51) follows: a. One member to the Executive Committee, to replace Charles R. Bacon who was unable to accept his appointment. b. 65 members (13 appointees from each Council member), to complete the full complement of 75 on the Committee. Appointed: a. Charles A. Guy 3509 - 43rd (13) 795-4020 LNB Bldg. (01) 763-4846 b. This committee was created by Resolution 1127, On June 10, 1982 for the purpose of planning and implementing year -long activities commemorating the Diamond (75th) Anniversary for the City of Lubbock. The term will be in effect until the activities are culminated in their entirety. Appointed: ANDERSON, John A. 7906 - Knoxville (23) 793-3532 Food 'n Fiber 911 - 10th (01) 747-1649 ARMSTRONG, Bonnie (Mrs. E.H.) 3304 -23rd (10) 795-3276 ARMSTRONG, Sammie (Ms. Bill) 3012 - 25th (10) 792-3445 BAKER, Lennis 2210 - 33rd (10) 747-2671 1301 - 13th (01) 763-3431 BASS, Anita 2514 - 57th (13) 795-2235 KAMC-TV P.O. Box 2805 (08) 745-2828 BEAN, Pauline (Mrs. Russell) 2806 - 21st (10) 795-6798 BEAN, Russell 2806 - 21st (10) 795-6798 BLANKENSHIP, Maxine 3404 Manioca Rd. (03) 765-6926 BRADFORD, Betty (Ms. John R.) 3112 - 42nd (13) 795-1413 BRASHER, Herb 2220 - 33rd (10) 744-3801 2118 - 34th (11) 747-3881 BROWN, Phyllis (Ms. Frank P.) 3209 - 76th (23) Unlisted Car dealership 799-3651 CARTER, C. B. 4607 - 10th (16) 797-2007 TCB P.O. Box 841 (08) 763-3471 COLLIER, Carol (Mrs. W. R.) 3302 - 39th (13) 799-7367 COOKS, Rev. Otis, Jr. 1826 E. 2nd (03) Unlisted P. 0. Box 1141 CORBIN, Larry 3312 - 39th (13) 795-3541 1001 Main (01) 762-8002 COUCH, Al 4414 - 14th (16) 799-5881 Retired GARCIA, Jaimie 4640 Kember (16) 762-2042 GODWIN, Paul #30 Brentwood Cir. (16) 792-2083 2333 - 50th (12) 795-9393 GONZALES, Frank 3313 - 38th (13) 799-0896 P.O. Box 64122 (64) 792-2128 GREER, Lisa (Ms. Mike) 3307 - 75th (23) 792-9380 Lubbock Nat'l Bank (01) 762-8800 HENDERSON, Carl 5705 - 3rd (16) Unlisted Xerox Sales Corp. 1001 Main (01) 747-4176 . -1203 HILDRETH, Ms..Gene M. 3211 - 19th (10) HOLDEN, Dr. William C.(Curry) 3105 - 20th (10) Retired HOLDER, Jimmie 799-1551 795-6914 #8 Brentwood Cir. (16) 795-0269 First Nat'l Bank (01) 765-8861 r-7 HUNT, A. B. 2832 - 24th (10) 795-0836 JOBE, L.A. 2820 - 56th (13) 792-1349 JOHNSON, Ruthie (Ms. Tom) 4405 - llth (16) 799-8790 JOHNSTON, Dottie (Ms. Joe Bob) 4514 - 13th (16) 799-0615 JONES, Oscar 3109 Teak (03) 747-5449 KENNEDY, Dr. S.M. 3705 - 67th (13) 799-6934 KITCHEN, Dr.James W. 2225 - 14th (07) 795-3691 (Bill) KUYKENDALL, Roger 4516 - 7th (16) 799-4644 #241 Plains Nat'l Bank 793-2525 LAMB, Mina (Ms. Arch) 6002 - 34th (07) 799-0065 LAW, Jean (Ms. Dan) 4521 - 8th (16) 792-4167 LOTT, John 3214 - 44th (13) 795-3557 2420 Quaker (14) 795-0073 LUCHSINGER, Louise 4402 - 15th (16) 796-1077 Dept. of Marketing Texas Tech (09) 742-3162 LUGO, Robert 6019 Oxford (13) 799-1500 701 Broadway (01) 765-0266 McQUEEN, Roberta (Mrs. Duane) 7606 Canton (23) 745-5357 MARTINEZ, Rufus 1519 - 39th (12) 744-6089 1414 Avenue L (01) 762-8307 MILAM, Kathrine (Ms. Jim) 3303-20th (10) 795-3544 MYERS, Troy 1919 - 34th #14 (10) 762-2376 1207 - 13th (01) 763-4696 NICHOLS, Tom C. 4629 - 89th (26) 794-2300 Bank of the West South Plains Mall 797-3211 PUTTEET, Trudy 3610 - 47th (13) 799-0648 RATLIFF, Ms. C. W. 2009 - 29th (10) 744-6809 REYES, Gloris 5020 - 70th (23) 794-3124 SW Bell Telephone REYNA, Ruben (Use business address/phone only) Dir., COMA 1946 Avenue Q, #27 (01) 762-5059 REYNA, Romeo 1303-B Jarvis (03) 763-0753 ROSEN, Al 3710 - 68th (13) 795-8620 Flipside Records 796-9906 ROUSE, Dr. Robert 3801 - 64th 799-4784 Dept. of Economics Texas Tech (09) 742-2201 RYLANDER, Dorothy 2125 - 52nd (12) 763-8687 SCHOENIG, Joe 4429- 78th (23) 792-3029 7402 University (23) 745-7777 SCOTT, George 1505 - 26th (12)* Unlisted Dean of Students Texas Tech (09) 742-2192 *Send mail to this address SEWELL, Janice (Ms. Tom) 3025 - 66th (13) 799-7483 SHAHAN, Randy 2203 Albany (07) 792-0252 Lubbock Bone & Joint Clinic 3601 - 22nd (10) 792-4329 .SPIKES, Sam First West Financial Corp. Security Park B-32 (08) 795-8521 STAFFORD, Lee 4506 - 9th (16) 792-4598 1204 82-41A-1204-1858 (52) 82-41A-1204-1859 (53) * SEE NOTE FOLLOWING THIS ITEM. STEPHENS, Ms. Eunice 3006 - 55th (13) 797-2517 STOKLEY, Harry 2318 Cedar (04) 744-1360 STRONG, Mary Nell 2511 - 55th (13) 795-1114 "Pink Giraffe" 2716-B - 50th (13) 793-9797 VAIL, Ms. Claudine 3115 - 20th (10) 795-6377 VERNER, Myrna 1617 -27 (11), 744-4442 (Ms. Charlie) WALLER, Jean (Ms. Pete) 3616 - 55th (13) 799-8421 WHITE, Liza (Ms. Alan) 3010 - 80th (23) 745-2771 WILSON, Rose 3308 E. Bates (03) 762-2449 Consider five (5) appointments to the CIVIC CENTERS BOARD. The terms of Al Couch, Ronald Key, and John A. Anderson expire 8/1/82. Appointed: Ann Horkey (Mrs. Joe) Bruce Collier, CPA Reappointed: Ronald Key Key Auto Shop Bob Nash KAMC - TV Nolen Swain SPS Terms: 7/22/82 - 8/1/85 4519 - llth (07) 799-1001 5403 - 17th Pl. (16) 793-5340 1218 - 14th (01) 763-0304 1714 - 33rd (10) 765-6106 1613 Avenue H (01) 765-5551 3509 - 44th (13) 795-0055 P.O. Box 2805 (08) 745-2828 2517 - 56th (13) 795-1190 1120 Main (01) 763-2881 The motion was made by Councilwoman Baker, seconded by Councilman Aderton to approve the above appointments as stated. Motion carried: 4 Yeas, 0 Nays; Mayor Pro Tem. Henry absent. There being no further business, the motion was made by Councilwoman Baker, seconded by Councilman Aderton to adjourn at 3:55 P.M. Motion c e 4 Ye /0 Nays: Mayor Pro Tem Henry absent. ' /� BlL-i KcALI"STEIT, 'MAYOR ATTEST: E ELYN GAV GA, City r ary-Treasurer READ AND APPROVED THIS 12th. DAY OF August 1982. r BIL Mc I ER, MY01, ATTEST: EVELYN GA GA, City S cr t -Treasurer �ti�:4cxx9<x9<>cx:tix�tix�<xxxx�t>cx�F�Y�ti�<�Y�r4c�ti4cxxxx�Yx�c'cx�Y�t�cxx>c�ti��.�x�Y3cx�'cztisti�rxxxxx7'c7tix�cxxx:c�c9cx�cxx�c�F�Cx�Yxx RESOLUTION 1159 - August 2, 1982 The entire City personnel was involved in an EMERGENCY DISASTER EXERCISE on this date, said disaster commencing at 6:00 p.m. A simulated airplane crash into the northeast portion of the Civic Center with resulting casualties, fatalities, hazards involving the community, property damage and disruption of city services (utilities, water, sewer) were enacted. The administrative staff was on duty in the EOC as well as the Command -On -Site post 1205 an emergency meeting of the Council, the declaration of an emergency and the action of the Council reflecting removal of debris, emergency housing needs and an ordinance ordering quarantine of a designated area when a simulated case of meningitis was reported. The Exercise was terminated at 7:40 p.m. (est.) when there were casual- ties resulting from the simulated events. k' -, J /S/ Evelyn Gaffga EVELYN GAFFGA City Secretary -Treasurer Minute Book 41-A, Page 1198, Item 1859 *NOTE: ALL.NECESSARY AND APPROPRIATE DOCUMENTS PERTAINING TO DISASTERS OR DISASTER DRILLS ARE FILED UNDER MOCK RESOLUTION 1159. 7�