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HomeMy WebLinkAboutMinutes - City Council - Regular - 8/26/1982r 1244 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING AUGUST 26, 1982 The City Council of Lubbock, Texas met for its regular meeting Thursday, August 26, 1982 at 9:30 a.m. in the City Council Chambers, Second Floor, City Hall. Those present: Mayor Bill McAlister, Mayor Pro Tem Alan Henry, Councilman E. Jack Brown, 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-1244-1923 The invocation was given by Jim Weston, Director of Community Facilities. (1) 82-41A-1244-1924 The Pledge of Allegiance to the Flag was given in unison by those present in the Council (2) Chambers. 82-41A-1244-1925 Approval of Minutes - Regular Meeting, August 12, 1982. (3) The motion was made by Councilman Brown, seconded by Councilman Aderton to approve the minutes as submitted. Motion carried: 4 Yeas, 0 Nays, Mayro Pro Tem Henry was absent from Council Chambers. 82-41A-1244-1926 (4) Board Appointments Everette L. Abernathie William H. Crutcher Lloyd Croslin, Jr., Mary Beth Scull Human Relations Commission Community Development Advisory Committee Airport Board Airport Board Proclamations 82-41A-1244-1927 "East Lubbock Early Settlers Day" - August 26, 1982 (5) Receiving: George Woods and Others 82-41A-1244-1928 "United Parcel Service 75th Anniversary Day" - August 28, 1982 (6) Receiving: Lawton.Coonts, Division Manager of UPS, New Mexico 82-41A-1244-1929 Airman of the Month (7) Receiving: Senior Ariman Harrell I. Samford 182-41A-1244-1930 NCO of the Quarter (8) Receiving: Staff Sergeant William F. Williams 82-41A-1244-1931 Grey Lewis, on behalf of the Lubbock Chamber of Commerce, will appear to request a loud (9) speaker permit in conjunction with a luncheon to be held on the Chamber parking lot September 14, 1982. The Women's Division of the Lubbock Chamber of Commerce is planning its annual membership luncheon on Tuesday, September 14 from 11:00 a.m. until 2:00 p.m. to be held on the parking lot east of the Chamber building. They are requesting the use of loudspeakers to be used during this period of time. Mr. Lewis appeared and indicated that the area is located in the down- town commercial area, and there had been no objections expressed by neighboring businesses. The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to approve the request of the Chamber of Commerce to use a loudspeaker on September 14, 11:00 a.m. until 2:00 p.m. Motion carried: 5 Yeas; 0 Nays. �82-41A-1244-1932 Representative of the Lubbock Industrial Development Corporation will appear to request (10) final approval of sale of industrial revenue bonds for Ingersoll-Rand Corporation (Reso. 899, 9/10/81). This item was deleted. AUG 2 6 1982. 1245� 82-41A-1245-1933 Representative of the Citizens Traffic Commission will appear to recommend the removal of The concrete median on University Avenue between 70th Street and Loop 289. Mike King, Chairman of the CTC, appeared to present the request of Mr. G. Randall Andrews, developer of Park Square Properties, who has requested the removal of a segment of a concrete median on University between 70th Street and Loop 289 on August 10. Mr.King indicated that the City policy concerning median removal allows for a minimum distance of 600', but the segment that Mr. Andrews wishes to remove is 360'. The removal of this segment is to allow for a left turn into the shopping center located at the intersection of University and frontage road on Loop 289. Mr. Andrews indicated that he would assume the full costs for modifying the median at a estimated amount of $14,400. The median is state owned, and the Highway Department engineer has indicated their approval for the modification of their portion of the median. The CTC approved his request and recommends Council approval. The motion was made by Councilman Aderton, seconded by Councilwoman Baker to approve the request of G. Randall Andrews for the removal of a median on University and Frontage Road Loop 289, Mr. Andrews to assume the total cost for this modification -removal project. Motion carried: 5 Yeas; 0 Nays. 82-41A-1245-1934 Gwen Stafford, on behalf of Civic Lubbock, Inc. will appear to present 1982-83 budget. (12) Pursuant to the agreement between Civic Lubbock, Inc. and the City, the Corporation is to present to the City Council each year a budget of the upcoming year, for informational purposes only. The projected revenue for 1982-83 for Civic Lubbock Lubbock Inc. is $690.500, expenditures estimated at $664.500, resulting in an anticipated net profit of $26,000. The Corporation also anticipates paying to the City $39,000 which is 7% of the projected gross sales as required by the Operating Agreement. Additionally, $35,000 for building rental would be paid to the City for total revenues for 1982-83 equaling $100,000. Ms. Stafford indicated that the Corporation, being a non-profit organization, anticipates a good revenue year from concessions, a portion of the earnings being to remodel and renovate the concession stands at the Auditorium and Coliseum complexes. The motion was made by Councilwoman Baker, seconded by Mayor Por Tem Henry to accept the proposed budget of Civic Lubbock Inc. for 1982-83. Motion carried: 5 Yeas; 0 Nays. 82-41A-1245-1935 Phil Hoel, - on behalf of Parks and Recreation Board, will appear to present the following (13A) matters regarding the Senior Citizens program: a. Consider a resolution authorizing the Mayor to sign a contract with South Plains Association of Government for information and referral and transportation under Title III Program. *Contract w/South Plains Resolution No. 1180 Association of Government filed w/origianl Reso. 0. V. Scott, Vice Chairman of the Park and Recreation Board appeared before the Council to make the following recommendations regarding the Title III contract for Senior Citizens as related to information, referral, and transportation, indicating that the present contract expires September 30, 1982. The proposed new contract is for one year beginning October 1, 1982, and is in the amount of $17,528 which would be used to pay the salary expenses of a information and referral coordinator. This service processes approximately 300 calls daily. The amount allocated for transportation funding is $6,000 which is used to pay the gas, oil and maintenance for 4 vans and 2 buses used to transport . Senior Citizens to the centers and special activities. The City's share of this program is handled with "in kind" credits, and there is no additional outlay. JMS: da RESOLUTION NO 1180 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 South Plains Association of Governments concerning information and referral, and transportation for senior citizens, attached herewith which shall be spread upon the minutes of the Council and as spread upon 1246, 82-41A-1246-1935b *Contract filed with original Resolution 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 26th day of August /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Jim Weston Jim Weston, Director of Community Facilities APPROVED AS TO FORM: /S/ Joan Sherwin Joan Sherwin, Assistant City Attorney b. Consider a resolution authorizing the Mayor to sign a contract with SPAG for Title III Nutrition Program. Resolution No. 1181 , 1982. The present contract for meals at the center and those which are home delivered as approved in November, 1981 will also expire September 30, 1982. The projected deficit for this nine month period is $25,750. Mr. Scott indicated that there was an increase in donations over the last nine month period in the amount of $22.761, or 33% increase. The proposed contracts would be for the full year, commencing October 1, 1982, and is in the estimated amount of $242,651 of which $131,087 is federal funds, $170 of "in kind" cridits from the City, $39,000 in donations, and $18,888 in USDA commodity payments. This total of $184,205 which would leave an estimated deficit of $58,446. The program serves a total 279 meals five (5) days a week at six (6) locations. Some five (5) to ten (10) meals are home delivered. The Council queried Mr. Scott as to whether or notthePark & Recreations Board had considered hiring a cook and cooking the meals on site, to which the response was that it would involve complying with the health ordinance regarding food preperation, and there were no skilled cooks among the Senior Citizens group. Additionally the deficits are generated from the satellite centers and although there had been some brief consideration of this method, there had been no in-depth analysis or calculation as to the comparative costs. Ms. Baker respondsed that the City should not be in the food business, and she had information to the effect that there were surrounding counties who hired cooks to serve the Senior Citizens their hot meals daily. Councilman Brown indicated to Mr. Scott and other staff members present that he would continue voting against this program, not that he was against the Senior Citizens or the program, but the manner in which this program is managed; that he too felt that the City should not be in the food business, and he felt that the staff should spend more time in developing a plan that justifies the program either by using volunteers in a self- help concept with the City providing the facilities and equipment with which to work; that he too had received information that surrounding counties were resolving the problem by utilizing their Senior Citizens and their respective skills in the preparation of the meals at their centers, and that the donations from these groups was considerably greater than the donations reported from the Lubbock centers; that Federal and local funds is not the answer -- the management of staff in Park and Recreation is the key and that is the vehicle for devising a method or plan to resolve this matter. He again reiterated that he is not against the individuals or the service that it provides; he is against the program and the way it is administered. Mr. Scott indicated that he would take these suggestions back to the Board and direct the staff to apply some alternative measures. Councilman Aderton indicated that he was not against the program and did not wish to disagree with his colleagues, but he felt that he program could not 1247 71 Following the discussion, the motion was made by Councilman Aderton to approve Resolution No. 1180 and 1181 adopting the above referenced Title III programs. Mayor Pro Tem Henry indicated that he would second the motion to accept the recommendations by the Park and Recreation Board, but he wanted it understood that there should be a definite increase in involuntary contributions to off- set the deficits, and that unless these voluntary contributions increased to where the program was self-sustaining, he would hereafter vote against it. Motion carried: 3 Yeas; Councilwoman Baker and Councilman Brown voting Nay. JMS: da RESOLUTION NO 1181 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 South Plains Association of Governments concerning congregate meals and home delivered meals for senior citizens, 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 26th..day of August - ,1982. ISI Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Jim Weston Jim Weston, Director of Community Facilities ISI Joan Sherwin Joan Sherwin, Assistant City Attorney -41A-1247 -1936 Consider request of Sexton Enterprises, Inc. for the renewal of taxicab and limousine permits. (44) At the 8:30 Work Session, the Council was apprised that Mr. Sexton had complied with all the requirements of the permit to operate a taxicab business as per the instructions of the Council on August 12; that Mr. Sexton had conferred with staff members both in person and by phone and indicated that he was going to pursue the permit to operate a taxicab business but would not pursue his request for a limousine permit at this time. In compliance with the ordinance and as directed by the Council, Mr. Sexton has provided the City with a new list of vehicles that are to be used as taxicabs and the inspection of each and every vehicle is nearing completion as of the date of this matter; that his insurance representative has placed on file with the City Secretary effective dates of the performance bond and insurance coverage and the terms and conditions regarding the liability coverage indicating that the type of policy that Mr. Sexton carries allows him to add and delete vehicles at will and that all vehicles owned by Sexton Enterprises, in whatever business they are utilized, are covered by the required policy and will not be dropped unless she so notifies the City Secretary; that the Internal Auditing staff reviewed the driver logs and the revenues collected by each vehicle as required by ordinance; that he has clarified his information on file with the Tax Office for the current tax rolls; and insured that all drivers employed for the taxicab operations would have current chauffeur's licenses and other credentials. Mr. Sexton has requested permits for seventeen taxicabs and has submitted the additional fees for those vehicles added to his request since the August 12 Council Meeting. Mr. Sexton indicated that he would not file an amended annual report as requested for the reason that his accountants did not have time to prepare any report of greater depth. The City Manager apprised the Council that Mr. Sexton did not have the appropriate type vehicle for limousine service and, pending some changes made in this area, he would not pursue that request at this time. At the Regular Session, the motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown, to renew the permit to Sexton Enterprises and to operate a taxicab business covering seventeen vehicles. Motion carried: 5 Yeas, 0 Nays. 1248 $2-41A-12,48.-1937 Hold a public hearing on the application of Beach Oil and Gas, Inc. for a drilling permit (20) on a site within the SE/4 of Section 8, Block A, the well head and storage facilities to be located 1980' north of Ursuline and 1980' west of North Guava, designated as Dunlop *PUB'S AFFIDAVIT well site. ON PAGE 1248A In accordance with the notice published in the ' Lubbock Avalanche -Journal on August 12, 1982, a public hearing was held on the above matter. Proponent: Dub Bratcher, on behalf of Beach Oil and Gas, Inc. On August 3, 1982, Mr. Bratcher made application to drill a well north of Ursuline, west of Guava, and approximately 3300' west of Quirt, designated Dunlop #1. Mr. Bratcher indicated that the well head and the storage tanks were in a isolated area; that the leases were secured in 1978 and therefore the application is made under the old ordinance; that the production unit is unitized voluntarily; that the production unit consists of 40.07 acres and that the storage tanks would be located 100' due west of the well head; that the closest residence to the well head and storage tanks is in excess of 1100 feet west of the location; that due to the proximity of the'well head and the storage tanks, no landscaping is proposed for either installation; and requests that earthen sludge pits be allowed. He further indicated that disposal of the sludge, as approved by the Railroad L2 Commission, is located east of Gail, Texas. He did indicate that the proponents' insurance and performance bond had not been finalized and understood that the permit would be issued subject to the filing of these documents. The staff apprised the Council that the short term land uses involved noise, dust, traffic congestion to the two residential structures located on Quirt off of which the ingress/egress to the drilling operation would take place; that leaving the paved surface of Quirt, the road to the well head is not a dedicated public street; that the tract is in an agricultural area and is designed for industrial development according to the 1990 Proposed Land Use Plan and therefore the location would not create any lasting negative impacts on the land uses for the future. He concurred with Mr. Bratcher's statement that the insurance and performance bond had yet to be filed and the permit would not be granted until those documents had been submitted. There being no opposition and no discussion, the hearing was closed at 10:20 a.m. 2-41A-1243-1938 Consider issuing oil and gas drilling permit to Beach Oil and Gas, Inc. for a well site (21) designated Dunlop #1. The motion was made by Councilman Aderton, seconded by Councilman Brown to approve the oil and gas drilling permit to Beach Oil and Gas, Inc., a well site designated Dunlop #1 subject to the following conditions: 1. That no hydro -carbon lubricants (waste oil) will be used to free up the oil during drilling until surface casing is set for a minimum of 500 feet. 2. Any portion of a caliche or dirt road utilized for ingress/egress to the drill site within 200 feet of a residential structure shall be maintained and wetted down during dry conditions to reduce dust. 3. The permittee shall meet all the conditions of Section 19A of the Code of Ordinances and those specifications indicated within the application for said well site. The motion carried: 5 Yeas,, 0 Nays. 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 Beach Oil and Gas, Inc. for the drilling of an oil and gas well known as the Dunlop 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. Beach Oil and Gas, 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 eight (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 discovery of oil and 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 porduction of oil or gas, so long thereafter as oil and gas is produced in commercial quantites from such well. This permit is granted subject to the following conditions: 1. That hydrocarbon lubricant (waste Oil) will not be used to free -up 1248A PUBLISHER'S AFFIDAVIT FOR PUBLIC HEARING ON BEACH OIL & GAS THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Bonnie McKee a Notary Public in and for Lubbock personally appeared Twi I a Aufi I I v Account Manager of pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, ] being by me duly sworn did depose and say that said newspaper has been publis than fifty-two weeks prior to the first insertion of this Lega I Not i -14 word-$38.61 No. 585749 at Lubbock County, Te ed copy of the Notice is a true copy of the original and Avalanche -,Journal on the following dates: August 129 1982. K4274 Account Managr LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me thil2th— day of Aussust 19 BONNIE McKEE, NOTARY PUBLIC � IN AND FOR THE STATE OF TEXAS FORM 58.10 My COMMISSION EXPIRES NOV. 10, 1984 wl_n� i ✓ Item No. (20) on page 1248 filly "Z jQ RY ly k 1249 MEMM 2. Any protion of a caliche or dirt road utilized for ingress/egress to the drill site within 200 feet of a residential structure shall be maintained and wetted down during dry conditions to reduce dust. 3. The permittee shall meet all other conditions of Section 19A and those specificationE indicated within the application for Beach Oil and Gas, Inc. Inc. Dunlop No. 1. The use of earthen slush pits as opposed to steel pits is hereby authorized as requested by Beach Oil and Gras, Inc., said earthen pits to be constructed in accordance with tl 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 5,500 feet. 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 21st -day of January , 1983. APPROVED AS TO CONTEND: ISI Jim Bertram Jim Bertram, Director of Planning APPROVED AS TO FORM: ISI Susan M. Horton Susan M. Horton, Asst. City Attorney CITY OF LUBBOCK ISI Larry J. Cunningham Larry Cunningham, City Manager BEACH OIL AND GAS, INC. 1*9 ATTEST: /S/ Cynthia D. Gonzales Secretary, Beach Oil & Gas, Inc. 32-41A-1249-1939 Consider request of El Ran Company to reduce bond to $10,000 on Talkington (26) #1 well site. The Oil and Gas Drilling Permit Ordinance provides that bonds may be reduced once the well has been completed and is in operation. El Ran hereby requests the reduction of the bonds to $10,000 for Talkington #1 well site. The motion was made Councilwoman Baker, seconded by Councilman Brown to authorize the request of El Ran Company. Motion carried: 5 Yeas, 0 Nays. 32-41A-124,9 -1940 Consider a resolution authorizing the Mayor to sign an extension agreement (27) with the Steering Committee of the Lubbock Urban Transportation Study *NOTE: See Reso 892 (MPO). dated 8/27/81 Resolution No. 1182 This request is for an extension of the existing contract through September 30, 1983. The contract provides for work to be done by the City in conjunction with the Lubbock Urban Transportation Study Plan related to the IH-27 Corridor Land Use Study and Land Use Plan Update, to be funded by the State Department of Highways. The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Resolution 1182 authorizing the above agreements. Motion carried: 5 Yeas, 0 Nays. S1,11i: j S RESOLUTION NO. 1182 NOTE: Letter from the State of Highways and Public Transportation WHEREA . S'the . C'ity'6f Lubbock an I d the St6ering Co*ft I mi I 'ittee I of . the Lubbock Urban Transportati filed with Reso. Study acting in its capacity as the Metropolitan Planning Organization entered into a contract dated November 12, 1981; and. WHEREAS, this contract expires September-30, 1982and WHEREAS,'both parties hereto desire to extend said contract through September 30, 1963; NOW THEREFORE: BE IT RESOLVED'BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the favor of the City of Lubbock BE and is herebv authorized and directed to 1250 and the Lubbock Urban Transportation Study acting in its capacity as the Metropolitan Planning Organization to extend the prior contract executed between the parties through September 30, 1983, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 26th_ day of August _, 1982. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI B. H. McDaniel B. H. McDaniel, Traffic Engineering Director APPROVED AS TO FROM: /S/ Susan M. Horton Susan M. Horton, Assistant City Attorney CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK This Contract, entered into this 26th day of august 1982, by and between the Steering Committee of the Lubbock Urban Transportation Study (Metropolitan Planning Organization), hereinafter referred as the "MPO" and the City of Lubbock, Texas, herinafter referred to as the "City". WITNESSETH Whereas, on October 23, 1975, the MPO entered into a contract with the City of Lubbock, Texas; Now therefore, it is hereby agreed that the aforementioned contract of October 23, 1975, shall, subject to the condition hereinafter stated, be extended to cover the period from September 1, 1982, through August 31, 1983. Work will be performed as set forth in the Unified Work Program FY 1983 (September 1, 1982 - August 31, 1983). Condition: Exhibit "B" attached hereto shall replace Exhibit "B" as attached to the afore- mentioned contract of October 23, 1975. In testimony wherepf, the parties hereto have caused these persents to be executed on the aforementioned date. PARTY OF THE FIRST PARTY OF THE SECOND PART Steering Committee Lubbock Urban Transportaiton Study /S/ Bill McDaniel Bill McDaniel, Chairman ATTEST: .J_9.4 61,-nn Y--johnson Glenn Y. Johnson, Secretary 9-8-82 Date City Lubbock Bill MrAlister Bill McAlister, Mayor ATTEST: IS/ Evelyn Gaffga Evelyn Gaffga City Secretary -Treasurer APPROVED AS TO FORM /S1 Susan Horton Susan Horton Assistant City Attorney 1251 AUG 2 6 1982 82-41A-1251-1941 (28) *NOTE: 1982 Trans- protation Improvement Program filed with original Resolution .Consider a resolution approving Lubbock's Transportation Improvement Program (TIP) for Lubbock's Urban Transportation Plan. Resolution No. 1183 TIP is an annual listing of priority projects for a five-year period and is a cooperative effort between the State Department of Highways, County Commissioners' Court, and the City of Lubbock. In response to Council queries as to who determines the priorities, Director of Planning Bertram indicated that the Steering Committeee of the MPO determines the priorities. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution 1183. Motion carried: 5 Yeas, 0 Nays. RESOLUTION NO. 1183 WHEREAS, the Metropolitan Planning Organization for the Lubbock Urbanized Area, in cooperation with the City of Lubbock, has prepared a transportation improvement program with annual element; and WHEREAS, the City Council of the City of Lubbock approves the priority projects listed in the Metropolitan Planning Organization; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the 1982-82 Transportation Improvement Program with annual element, attached hereto and incorporated herein by reference for all purposes is hereby approved by the City Council of the City of Lubbock. Passed by the City Council this 26th day of August 1982. ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI B. H. McDaniel B. H. McDaniel, Traffic Engineering Director /S/ Susan M. Horton Susan M. Horton, Assistant City Attorney /S/Bill McAlister BILL McALISTER, MAYOR 82-41A-1251-1942 Consider an ordinance amending Ordinance 8190 providing for the removal of traffic signals (29) at loth Street and Avenue T, 10th Street and Avenue S, Main Street and Avenue S, and Main Amends Ord. 8190 Street and Avenue T; consider approval of installation of traffic signal at 14th Street and University Avenue. dated: 5/28/81 Ordinance No. 8357 The 1979 Traffic Engineering Survey (Fennell, Anderson, et al.) recommended several signalized intersections be eliminated which had been completed. They further recommended that the signalized intersections of 10th Street and Avenue S, 10th Street and Avenue T, Main Street and Avenue S, and Main Street and Avenue T be considered for removal following an in-depth study of the accidents and traffic counts. Traffic usage on 10th Street and Main Street, between Avenue Q and University have altered considerably due to the widening of University Avenue and after studying the traffic volumes, accidents, and the traffic flow pattern, these traffic signals are no longer warranted. The staff recommended, however, that stop signs be placed on Avenue S and 10th Street, 10th Street at Avenue T (three-way stop), on Avenue S at Main and on Main Street at Avenue T. Tenth Street has become a two-way street from Avenue T through University Avenue and this necessitates a three-way stop intersection. The traffic signal installed at 14th and University is included in this action merely to conform to the change from Administrative Order approval to compliance with the referenced ordinance. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Ordinance 8357 on first reading. Motion carried: 5 Yeas, 0 Nays. 1252 AUG 2619 SMH:da ORDINANCE NO. 8357 2-41A-1252-1943 (30) *NOTE: Rescind Minutes of 9/22/72.RE: 60th St. Culdesac 2-41A-1252-1944 (31) *NOTE: See Reso. No. dated 2/25/82 0 Z3 (D w o rt o t� W O r. m b ,- N• r- `�° w �c n O m W "o (D Co (D O N', 10 O N c7 �-1 m w (D p N rt rt In H, (D o (D I N• n Ul rt O rr u. G :=' (D AN ORDINANCE AMENDING ORDINANCE NO. 8190 TO PROVIDE FOR THE REMOVAL OF A TRAFFIC SIGNAL AT LOTH STREET AND AVENUE T, 10TH STREET AND AVENUE S, MAIN STREET AND AVENUE S AND MAIN STREET AND AVENUE T; TO PROVIDE FOR THE APPROVAL OF A TRAFFIC SIGNAL LOCATED AT 14TH STREET AND UNIVERSITY AVENUE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Consider rescinding the amendment to the main motion with regard to removing the existing cul-de-sac at 60th Street and Quaker Avenue. The Council approved the removal of a cul-de-sac at 60th and Quaker on July 22, 1982, which culminated out of the appearance by the residents on 62nd Street regarding a barrier as a traffic control device. This matter was discussed again at the August 12 Work Session whereby the staff indicated that it would not be economically feasible to remove the cul-de-sac, nor would it alleviate any traffic problems that might exist in the future on 62nd Street, as professed by the residents of that area. The motion was made by Councilwoman Baker, seconded by Councilman Aderton to rescind the Council action of July 22, 1982 effectuating cul-de-sac removal. Motion carried: 5 Yeas, 0 Nays. Consider a resolution authorizing the Mayor to sign a funding agreement with the Urban Renewal Agency. 1003 Resolution No. 1184 The City Council approved a project for the acquisition of the remaining three parcels of land for the future park in South Overton to be funded from the Eighth Year CDBG Program (See Reso 1003, 2/25/82). The three remaining parcels are located on 14th Street across from Carroll Thompson Junior High School. In accordance with the funding agreement, the charges for the Urban Renewal's services to the City are allowable on a direct cost basis and are limited to 6% of the total cost of the project. Upon completion of these acquisitions, the area will be cleared and turned over to the Parks and Recreation Department for development The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to pass Resolution. 1184. Motion carried: 5 Yeas, 0 Nays. SMH: j s RESOLUTION NO. 1184 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR ACQUISITION AND RELOCATION'' SERVICES 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 additional park and recreational facilities; and WHEREAS, the City of Lubbock is to acquire certain additional lands for park facilities' and open space in the vicinity south of Carroll Thompson Junior High School in Lubbock, Texas 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 thereof; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract for acquisition and relocation services 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 this Resolution as if fully copied herein in detail. Passed by the Council this 9rth day of At,a„gt , 1982. ATTEST: Evelyn Gaffga, ity Secretary -Treasurer APPROVED AS TO CONTENT: /�/ Rill MfAlictnr BILL McALISTER, MAYOR /S/ Richard B. Mays Richard B. Mays, Community Development Coordinator 280M 12-53 CONTRACT FOR ACQUISITION AND RELOCATION SERVICES BETWEEN THE CITY OF LUBBOCK AND THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK THE STATE OF TEXAS § COUNTY OF LUBBOCK § THIS Contract is entered into on this 26th day of 1982, by and between the CITY OF LUBBOCK, a home rule municipal torpor Lion, hereinafter called "CITY", and the URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, hereinafter called "AGENCY". WITNESSETH: WHEREAS, the CITY may acquire certain property pursuant to the expanding needs of the Community for additional Park and Recreational and other community facilities; and WHEREAS, the CITY is to acquire certain additional lands for park facilities and open space in the vacinity south of Carroll Thompson Junior High School, and property in the Overton Addition for a community facility in Lubbock, Texas, and desires to have the AGENCY perform certain functions with respect to the acquisition of such lands and in the administrat of the relocation activities necessary upon acquisition thereof; and WHEREAS, the AGENCY desires to perform the functions for the CITY with respect to obtaining appraisals of certain parcels, acquisition of such lands, including all legal services required, and the relocation activities anticipated to be necessary upon acquisition thereof, including all legal services required; NOW THEREFORE, the CITY and the AGENCY do hereby.agree as follows: is 1. The AGENCY shall furnish certain services with respect to the acquisition of certain parcels of land on behalf of the CITY, 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 acquisition of said parcels: A. The AGENCY shall obtain and present to the CITY appraisals for the respective parcels of land to be acquired under this Contract. The CITY shall determine the fair market value of each parcel of land based on a review of such appraisals, and 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 CITY'S review of 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, as amended, hereinafter called the "ACT". C. The AGENCY'S negotiator will explain to each owner the policies and requirement of the CITY with respect to the acquisition of the parcels of real property to be acquired as set forth in this contract. D. The AGENCY will discuss the offer to purchase with the respective owners of the parcels of real property, including information contained in the summary statement of the basis of the offer, and all other terms and conditions of the option which will be presented 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 desirable, and AGENCY shall report any proposed modification to CITY. 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 for the CITY to all of the parcels to be acquired under this Contract. G. The AGENCY will provide such services with respect to the coordination of all appraisal activities, including the appraiser and review appraiser, as may be necessary and as requested by the CITY. H. The AGENCY will provide all necessary legal services through its real estate legal services contract including among others, examination of title, preparati of all instruments of conveyance and other closing papers, making all arrange- ments for and concluding each closing, preparation of all petitions for condemnation and all legal work necessary to complete condemnation cases. It is expressly understood that title of all property to be acquired under the contract goes directly to the CITY, and that the CITY hereby through this Contract expressly authorizes and employs the AGENCY'S attorney to rPnrPQPnf tbp rTTV in all nPQntintionq and in al-1 condemnation cases in 125,4 MMMM acquired under this Contract as set forth in Exhibit "A". 3. The AGENCY will provide relocation services with respect to the owners or tenants of the parcels or real property which are to be acquired by the CITY, in accordance with the ACT, which will include: A. Notifying 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 management. Again, it is expressly understood,that the CITY, through this Contract, authorizes and employs the AGENCY'S attorney to represent the CITY as needed for said legal services. 4. 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 for the purposes set forth herein. Upon completion of all services to be performed under this Contract, including the hereinabove specified relocation services for each parcel, the AGENCY will not maintain any permanent records with respect to the parcels of real estate to be acquired under this Contract after the completion of such services as are specified to be performed by the AGENCY herein. 5. The AGENCY agrees to provide such appraisals and appraisal review of the properties to be acquired for such project, in accordance with the ACT. The costs of such appraisals and appraisal reviews shall be borne by the AGENCY. 6. The CITY will, based upon the appraisals and review appraisal of each parcel, establish the fair market value of each parcel, and pursuant to the establishment thereof, the AGENCY shall make all certifications relating thereto as required by the ACT. 7. The AGENCY will provide all legal services, surveys, certificates, or other instruments necessary for the acquisition and relocation with respect to the parcels of land as set forth in this Contract. 8. The CITY retains the right to make all final decisions with respect to the establishment of fair market value, or any other decision relating to the eligibility of persons for the receipt of relocation assistance, insofar as -*--he CITY is vested wish discretion in such matters, or with respect to any other decision or approval that may become necessary in the acquisition of the properties which are the subject of this Contract. 9. 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. 10. The CITY will be responsible for all structures, foundations, fences etc., and for any site preparation of the said described parcels after all relocation of the occupants has taken place. 11. The CITY will make all payments and disbursements with respect to acquisition payments or relocation payments, or any other payments which may become due by virtue of the acquisition of the described parcels for such project. 12. The AGENCY will be responsible for any eviction or condemnation proceedings that may become necessary and the AGENCY and its attorneys will institute and take part in any such proceedings as needed. 13. It is agreed that the CITY shall pay to the AGENCY an amount not to exceed ONE HUNDRED FIVE THOUSAND DOLLARS ($105,000) 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 Coordinator. 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 and appraisal fees) as set forth in this Agreement in connection with the properties set forth in Exhibit "A" of this Contract. Legal fees and appraisal fees incurred by the AGENCY in performing this Contract will be reimbursed separately, and not included in determining the six percent (6%) limit. 14. 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. 15. This Contract shall terminate upon the completion by the parties and satisfaction of all terms and provisions provided hereunder. 1255 F", 16. 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. CITY OF LUBBOCK /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Richard B. Mays Richard B. Mays, Community Development Coordinator APPROVED AS TO FORM: /S/ Susan M. Horton Susan M. Horton, Assistant City Attorney ATTEST: /S/ H. 0. Alderson H. O. Alderson, Secretary SOUTH OVERTON PARK Parcel Number 67440-44-1 67440-44-2 67440-44-3 Ordinance No. 8350 URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK /S/ George H. Nelson GEORGE H. NELSON, CHAIRMAN EXHIBIT "A" Lesal Description The North 70 feet of Lot 1 and the North 70 feet of the East 38 feet of Lot 2, Block 44, Overton Addition The South 572 feet of Lots 1 and 2 and the South 572 feet of the East 30 feet of Lot 3, Block 44, Overton Addition The North 70 feet of the West 12 feet of Lot 2 and the North 70 feet of the East 30 feet of Lot 3, Block 44, Overton Addi- tion -41A-1255-1945 An ordinance creating the Lubbock Athletic Committee, to function as a subcommittee of the (14) Park and Recreation Board, as amended. The motion was made by Councilman Aderton, seconded by Councilman Brown to approve Ordinance 8350 on second and final reading. Motion carried:. 5 Yeas, 0 Nays. JMS:js ORDINANCE NO. 8350 AN ORDINANCE AMENDING CHAPTER 19B OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING THERETO A NEW ARTICLE II ENTITLED "LUBBOCK ATHLETIC COMMITTEE"; CREATING AND ESTABLISHING A COMMITTEE TO ADOPT AND AMEND RULES AND REGULATIONS GOVERNING ATHLETIC PROGRAMS SPONSORED BY THE CITY OF LUBBOCK PARKS AND RECREATION DEPARTMENT AND TO ACT AS AN APPEALS COMMITTEE IN THE MATTER OF SUSPENSIONS AND OTHER DECISIONS OR ACTIONS MADE OR TAKEN PURSUANT TO SUCH RULES BY THE PARKS AND RECREATION DEPARTMENT. 12.56 PJJG 2 6 2-41A-1256-1946 (15) Pub's Affidavit on page 1256A 2-41A-1256-1947 (16) Pub's Affidavit on page 1256A Zone Case No. 2375 Continued 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 conditions: a. That the uses be limited to parking,, office space and enclosed storage space. Ordinance No. 8352 In accordance with the notice published in the Lubbock Avalanche -Journal on July 7, 1982, this public hearing was continued from the July 22, 1982 Regular City Council Meeting. Proponent: Mr. Steve Davis, on behalf of Townsend -Strong Rental Partnership This request is for M-2 zoning to extend an existing M-2 zone on the south side of Broadway east of the Yellowhouse Canyon for the purpose of expansion of the present business. This particular site is not conducive to commercial development because it is physically isolated due to the slope of the terrain toward Broadway and there is very little residential potential in this area. Adjacent land uses are: North - Broadway and the Canyon Lakes Project South - R-2 zoning East - M-2 existing industrial oil business (proponent) West - the Canyon Lakes Project and a private triangular -shaped vacant property Mr. Davis indicated that they wanted to expand their office building and to increase the parking facility as well as to provide for enclosed storage. It was recommended by P&Z that there be landscaping on the west side of the property which serves as a buffer to the Canyon Lakes Project. There being no opposition and no discussion, the hearing was closed. The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass Ordinance 8352 on first reading upholding P&Z subject to the condition that the uses be limited to parking, office space and enclosed storage. Motion carried: 5 Yeas, 0 Nays. SMH:js ORDINANCE NO. 8352 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. 2375; CHANGE A TRACT OF LAND OUT OF SECTION 3, BLOCK 0, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-3 TO M-2 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Zone Case No. 2374 Continued request of Burl Masters (for CVK Investments) to change a tract of land out of Section 4, Block E, City of Lubbock from R-1 to A-1, A-2 and C-4 zoning districts,,located south of Loop 289 between Avenue P and Avenue S. The Planning and Zoning Commission recommends this request be approved, subject to the following conditions: a. That the A-1 tract be limited to quadraplexes. b. That the A-2 tract be limited to church and church -related uses. C. That the C-4 tract be approved with the following conditions: 1. That the site plan be reviewed prior to issuance of building permits. 2a. That the permitted uses with Loop and non -Loop frontage be restricted as (Refer to ordinance for itemization of C-4 uses.) Ordinance No. 8353 In accordance with the notice published August 11, 1982 in the Lubbock Avalanche -journal, a public hearing was held. Proponent: Mark Chapel, Masters and Associates, on behalf of CVK Investments The zone request is a combination of A-1, A-2, and C-4 which at first appeared contrary to the Comprehensive Plan and P&Z policy. Because of that, it was assigned to a P&Z subcommittee for the purpose of study; the subcommittee has determined that the tract is in a "slow - growth" residential development and they did not want to totally abandon their long- standing ruling regarding strip commercial zoning on major thoroughfares; therefore, it was recommended that P&Z adopt a policy of this type whereby conditions are imposed similar to that policy related to the IDP zoning on the north Loop. AA4----f- 1—A T.nnn 9A9 on the north- R-1 vacant property on the south, and R-1 1256A AUG 9 6 198Z n I U Fj FJ THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Bonnie McKee a Notary Public in and for Lubbock Coin personally appeared Twi I a Aufi I I e Account Manager of the pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Even being by me duly sworn did depose and say that said newspaper has been published 1 than fifty-two weeks prior to the first insertion of this Legal Notice-776 word-$209.52 No. 585742 at Lubbock County, Texas ed copy of the No t i ee is a true copy of the original and was F Avalanche -.Journal on the following dates: August 11v 1982. K4229 Account Manager LUBBOCK AVALANCHE -JOURNAL D Southwestern Newspapers Corporation C Subscribed and sworn to before me thisllth day of August 19 82 BONNIE McKEE, NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS My coMMISSION EXPIRES NOV. 10, 1994 FORM 58-10 A'�t� Item # 15 - Zone Case No. 2375 on page 1256 16 - Zone Case No. 2374 " it if 17 - Zone Case NO. 2305-B on page 1257 18 - Zone Case No. 2381 on Page 1257 1256B AUG 2 61982 AU 6 1982 r THE STATE OF TEXAS COUNTY OF LUBBOCK crrr ............... ber an the se`w ondF.iporq�the.G�tyMeninl�b Before me Bonnie McKee a Notary Public in and for Lubbock Coun ti«k.;rexas�ta°ansrdert�,e�r°c°m� mendet °"s' of the wie"ning and, Tw i I a A u f i I I Account Manage r personally appearedof the S Zonrn9Cornrnissionlhattnezaning ordinance 7tl84 arrendtl tot pers Corporation, publishers of the Lubbock Avalanche -.Journal — Morning, Evenf ,be emenda¢ect:ana,ofsa�dZamn9or, din%nce as tlescri4ed below >.and at being by me duly sworn did depose and say that said newspaper has been published c 'whr'n.rimaepdoiaceelUnferesPea' than fifty-two weeks prior to the first insertion of this L e a I Notice —15 8 3vtpbyheard afferwhl¢hnearinst dhe City Coundl:.wlll determine, 585743 word-$42.66 No. at Lubbock County, Texas a whethe►the Lonrn90ra�nancewill, tin amended„ in : cordance with Notice ed copy of theis a true copy of the original and was p suchrec� meridatran on�far? `-- Avalanche-Journal on the following dates: August 119 1982, WNcefor3, everrtnree{)seats Three or mare screens One il�, $spaceforeveryr,*b,Q3meats � ijilloo feet; of gross Account Manag r LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 11th day of August . 19 82 BONNIE McKEE, NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS MY COMMISS ON WIRES NOV. 10. 1584 FORM 58-10 Item No. (19) located on page 1258 12,57 AUG 2 6 1982 single-family on the west, and A-1 apartment zoning on the east. The Planning Commission felt that the church request meets the requirements of the Comprehensive Plan which is to keep churches near major thoroughfares. It also felt that the quadraplex development was a reasonable buffer between commercial zoning and existing single-family residences on the west. Additionally, they established the conditions as stated in the ordinance regulating permitted uses on the remainder of the tract. The proponent indicated that the tract would be developed by a church and a sales lot for a recreational vehicle sales and service business. The remainder of the tract development has not been determined at this time. There being no Opposition and no discussion, the hearing was closed. The motion was made by Councilwoman Baker, seconded by Councilman Brown to unhold P&Z and to pass Ordinance 8353 on first reading, subject to the conditions stated above. Motion carried: 5 Yeas, 0 Nays. SMH/mck ORDINANCE NO. 8353 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. 2374; TO CHANGE A TRACT OF LAND OUT OF SECTION 4, BLOCK E, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO A-1, A-2 AND C-4 ZONING DISTRICTS; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 32-41A-1257-1948 Zone Case No. 2305-B 17) Pub's Affidavit Request of Trevor Ford (for Re es Homes) to change a tract of land out of Section 22, on page 1256A Block A, .9 �t_of L_ub­boc_�__fr m AM _Specific Use to A-1 and amend conditions of Ordinance 8308, located at -fn—dStreet and Utica Avenue. The Planning and Zoning Commission recommends this request be approved, subject to the followingconditions- a. That it be tied to a site plan. as presented. Ordinance No. 8354 In accordance with the notice published on August 11, 1982 in the Lubbock Avalanche - Journal, a public hearing was held on the above matter. Proponent: Trevor Ford, architect for Sam Reyes Homes This request is to change townhouse restricted zoning to A-1 zoning for owner -occupied condominiums utilizing the village -type concept of A-1 residential condominiums. This tract was once zoned for apartments and subsequently zoned for AM specific use for offices. Adjacent land uses are: A-1 and R-2 zoning on the north; AM Specific Use on the south; and R-3 zoning on the east designated for mobile homes; and R-1 single-family on the west. Proponent's initial presentation to P&Z indicated that they were eight parking spaces short for 33 condominiums that they proposed to construct and proponent was requested to revise the site plan which now does comply with the zoning requirements. The proponent indicated that this is a residential front village concept with rear entry capabilities to the units. Zone Case No. 2305 was approved for an office complex; Zone Case No. 2305-A was limited to A-1 for townhouse construction; and No. 2305-B is a spin-off to the original zone request. There being no discussion and no opposition, the hearing was closed. The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass Ordinance No. 8354 on the first reading upholding P&Z with the stated condition. Motion carried: 5 Yeas, 0 Nays. SMH/mck ORDINANCE NO. 8354 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. 2305-B; TO CHANGE A TRACT OF LAND OUT OF SECTION 22, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM AM SPECIFIC USE TO A-1 AND AMEND CONDITIONS OF ORDINANCE NO. 8308; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. �12-41A-1257 Zone Case No. 2381 (18) Request of Jack Thompson (for Kathleen D. Brown, Trustee) to chan e part Pub's Affidavit of Lot 770, Pleasant.Ridge Add—q �t of Lubbock from A-1 t ition, 9 .o C-2 on page 1256A zoning district, located at 5400 - 4th Street. — The Planning and Zoning Commission recommends this request be approved, subject to the following conditions - a. That the tract be developed as one development Int- 1258 82-41A-125,8 -1950 (19) Pub's Affidavit on page 1256 B 10? Ordinance No. 8355 in the Lubbock Avalanche -Journal on August In accordance with the notice published 11, 1982, a hearing was held on the above matter. Proponent: John Nobles and Jack Thompson This I request is out Of a tract of land currently zoned A-1 for apartment use. Mr. Nobles indicated that this request is adjacent to current apartment complex which he owns on West 4th Street known as the Double West Apartments. This request is to re -zone an 85,000 potential apartment square footage frontage for C- 2 use which would serve as a buffer to development. Adjacent land uses are: 4th Street, to Loop 289 and C-3 zoning on the north, R-1 single- family on the south, east, and west. The Comprehensive Plan reflects that commercial zoning be restricted to major thoroughfare intersections in five to ten acre quantities and this request is for 2.31 acres of C-2 zoning on the southeast corner of Loop 289 and .4th Street. The request would still leave an A-1 buffer between the commercial and future residential development on the south. P&Z felt the entire request should be treated as one development lot as stated in the conditions, as well as indication that only one curb cut is allowed into the tract itself, which limits access to 4th Street. opponent: A. T. Miller Mr. Miller indicated that he had four rent houses across the alley from the tract itself he did request that the proponents be _�and he had no objection to the zone request but nd required to construct a masonry fence across the alleys as a trash control mechanism; that his properties are across the alley from the present apartment complex owned by proponent and, although a fence is required under the zoning ordinance, it is often in a state of disrepair or collapsed altogether, not to mention the trash, debris, and junk furniture and other types of nuisance which collects. Director of Planning Bertram indicated that this particular request relates to the frontage only for the development of commercial purposes and in the event that the remainder of the tract is developed at a later date, the Zoning Ordinance does require that the developer would erect a six-foot fence of wooden material, but does not stipulate that a mabesonry fence be mandated. The question arose as to whether or not this condition could placed upon this particular zone request which is not adjacent to the alley. Following the discussion, the motion was made by Mayor Pro Tem Henry to uphold P&Z subject to the stated conditions and that there be read into the record that the Council heard testimony from neighbors to the effect that when the A-1 tract is developed, the proponent recognized the request of the neighbors to require the construction of a masonry fence. The motion was seconded by Councilwoman Baker subject to the amendment that the Zoning Department be directed to observe this property with reference to Mr. Miller (complaint about the fence), and to cite for violation regarding litter, weed's and the proper maintenance of said fence and the grounds of said property. Mayor Pro Tem Henry accepted the amendment. The motion carried as amended: 5 Yeas, 0 Nays. SMH/mck ORDINANCE NO. 8355 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. 2381; TO CHANGE PART OF LOT 770, PLEASANT RIDGE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A-1 TO C-2 ZONING DISTRICT; SUBJECT TO ING CONDITIONS; SAVINGS PROCLAUSEVIDING AND FOR PROVIDING A PENALTY FOR PUBLIDCAS PROVIEDATION. FOIN SECTION 1-5 OF THE CITY CODE; PROVIDA R Hold a Public hearing amending Zonin Ordinance .7084 regarding off-street Parking, as Sec. 17.12-1-5, Theaters-- ever 3 seats ne or two screens - 1 space for eve _ _ Three or more screens - 1 space for every 2 seats. Sec. 19. 13-1-9,,- Game E_0Oms7- _1 space for eve v 50 sq. ft. of gros. floor area. Ordinance No. 8356 According to the notice published on August 11, 1982 in the Lubbock Avalanche -Journal, a public hearing was held concerning the above matter. At previous Work Sessions, the Council discussed changing the Zoning Ordinance to initiate parking requirements for theaters and gamerooms inasmuch as their volume of participants has exceeded the previous zoning requirement. Those in existence would be grandfathered in accordance with zoning law, but new installations would require the above referenced requirements. There being no opposition or discussion, the hearing was closed. The motion was made by Councilman Brown, seconded by Councilman Aderton to pass Ordinance 8356 on the first reading. Motion carried: 5 Yeas, 0 Nays. 1259 32-41A-1259-1951 1 (32) 'NOTE: Standar4 Assurances for Section 5 Operating Assistance and Application filed with original Reso. Fj 7 SMH/mck ORDINANCE NO. 8356 AN ORDINANCE AMENDING ORDINANCE NO. 7084, CITY OF LUBBOCK, TEXAS, (BEING THE ZONING ORDINANCE), BY AMENDING SECTIONS 17 AND 19 THEREOF TO PROVIDE SPACES FOR THEATERS AND GAME ROOMS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Consider a resolution authorizing the Mayor to sign an implication and contract for Operating Assistance Grant, Department of Transportation, Urban Mass Transportation Act of 1964, as amended. — — — Resolution No. 1185 The application for operating assistance is in the amount of $756,058 which is the maximum for which the City is eligible, and is contingent upon the appropriation bills passed by Congress. The Transit Advisory Board unanimously approved this request and recommends its submission. The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass Resolution 1185 authorizing the Operating Assistance Grant application. Motion carried: 5 Yeas, 0 Nays. RESOLUTION NO. 1185 RESOLUTION AUTHROIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF TRANSPORTATIOP UNITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED. WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation projects; WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share of project costs; WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Urban Mass Transportation Act of 1964, as Amended, the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements thereunder; and WHEREAS, it is the goal of the Applicant that minority business enterprise by utilized to the fullest extent possible in connection with this project, and that definitive procedures shall be established and administered to ensure that minority businesses shall have the maximum feasible opportunity to complete for contracts, when procuring construction contracts, supplies, equipment contracts, or consultant and other services: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the MAYOR is authorized to execute and file an application on behalf of the City of Lubbock with the U.S. Department of Transpor- tation, to aid in the financing of operating assistance projects pursuant to Section 5 of the Urban Mass Transportation Act of 1964, as amended, for fiscal year 1981-82. 2. That the MAYOR is authorized to execute and file with such appli- cations an assurance or any other document required by the U.S. Department of transportation effectuating the purposes of Title VI of the Civil Rights Act of 1964. 3. That JOHN L. WILSON, Transit Coordinator, is authorized to furnish such additional information as the U.S. Department of Transporta- tion may require in connection with the application or the project. 4. That the MAYOR is authorized to set for the execute affirmative minority business policies in connection with the project's procurement nees. 5. that the MAYOR is authorized to execute grant contract agreements on behalf of the City of Lubbock with the U.S. Department of Trans- protation for aid in the financing of the operating assistance project. Passed by to City Council this 26thday of August 1982 ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer /S/ Bill McAlister BILL McALISTER, MAYOR APPROVED AS TO CONTENT: /S/ John L. Wilson John L. Wilson, Transit Coordinator 1260 2-41A-1260-1952 (33) 8. Consider an ordinance to abandon and close an easement in Lot 1, Block 28, Rushland Park Addition. This item was deleted. Z-41A-1260-1953 Consider a resolution accepting paving improvements for Lots 1-A through 5-C, Deseret (34) Addition (Kerr Const. Co.). Resolution No 1186 The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to pass Resolution'. 1186 accepting referenced paving improvements. Motion carried: 5 Yeas, 0 Nays. JCR:da RESOLUTION NO. 1186 RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF THE STREETS AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Deseret Addition - Lots 1-A through 5-C made arrangements with Kerr Construction Company for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above mentioned addition including the following streets: Alley return construction on south side of 58th Street between Hartford Avenue and Gary Avenue and removal and disposal of alley return on 59th Street. AND WHEREAS, the construction of the above improvements on the above mentioned streets'' was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. up That the improvements on said portions of the above mentioned streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to notify the owner of said acceptance and amount of payment due the contractor. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 26th day of Autust , 1982. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: /S/ John C. Ross Jr. John C. Ross, Jr., City Attorney CONSOLIDATED FINAL ESTIMATE Deseret Addition - Lots 1-A thru 5-C Accepted August 265 1982 QUANTITIES S.Y. S.Y. Concrete L.F. L.F. Alley Slab C & G Unit & Location C & G Return Removal Removal Sub -Unit 2028-94 Alley return on S. 61.92 20.20 20.20 70.42 side of 58th Street between Hartford and Gary Avenue and re moval and disposal of alley return on 59th Street 1261 ,82-41A-1261-1954 (35) *NOTE: See Ord. 8115 dated 12/11/80 COST ESTIMATE: 61.92 L.F. Curb & Gutter 0 $ 6.50 70.42 L.F. C. & G. Removal @ $ 7.50 20.20 S.Y. Alley Return @ $25.25 20.20 S.Y. Concr. Slab Removal @ $ 4.75 CONTRACT COST COST DISTRIBUTION: Unit & Contract Sub -Unit Cost 2028-94 $1,536.63 $402.48 $528.15 $510.05 $ 95.95 $1,536.63 Property Owner Cost $1,536.63 Consider a resolution accepting a private street in Whisperwood Addition as a public street. Resolution No. 1187 On December 11, 1980 (Ordinance 8115), a private street designated Winsboro Place was authorized in the Whisperwood Addition development. By minuted action on May 13, 1982, the developer of Whisperwood Addition appeared before the Council to request that the private street be dedicated as a public street, to which the Council was receptive subject to the following conditions: 1. Concrete the islands according to City specifications. 2. Provide a letter of certification that the street paving construction complies with iI City standards. 3. Pay for two street lights and furnish two easements necessary for their installation' and provide underground easements for street light cables. 4. Pay for one street name sign. 5. Furnish the executed dedication deed for the street restricted to underground uti.liti�es. 6. That alleys be dedicated in place of easements at the rear of the property. i Mr. Bob Johnson, Vice -President of Marketing for the Whisperwood Development Company, appeared,to indicate that all of the above requirements had been complied with, with the exception of #6, nd in order to avoid the replatting process, it was his request, as recommended by the staff, that the alleys not be dedicated but be retained as easements for sanitation access. The replatting process to provide for a 20' alley as required would affect the size of the lots to be developed. Mr. Johnson also requested permission to place two temporary signs in the islands indicating that the development was under construction and, in response to Council query, indicated the signs would not be in place longer than six months. The motion was made by Councilman Brown, seconded by Councilwoman Baker to accept the private street previously designated Winsboro Place in Whisperwood Addition according to the above five conditions being satisfied; to modify the sixth condition stated above whereby the easements will remain in effect, and ,the requirement for dedicated alleys be removed; and to grant permissionito the Whisperwood Development Company to erect signs indicating construction in the area for a period not to exceed six months. Motion carried: 5 Yeas, 0 Nays. !f JWF:mck RESOLUTION NO. 1187 WHEREAS, Tara Land Company (as owner) and First National Bank at Lubbock (as lienholder) submitted a "Street Dedication" which they have requested be accepted by the City of Lubbock; and,. k This City Council of said City finds it would be in the best interest of the public health, safety, and welfare to accept such dedication; NOW THEREFORE: ' I BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ,I THAT the dedication to the public contained in an instrument entitled "Street Dedication"; a true and correct copy of which is annexed hereto and made a part hereof for all purposes, being dedications made to the public, are hereby accepted for the use and benefit of the public by the City of Lubbock, such dedications affecting property all of which is within the corporate limits 1262 go= of the City of Lubbock, Lubbock County, Texas. Accepted as aforesaid by passage of this Resolution this 26th day of August 1982. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaff,ga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/Tom Nivens Tom Nivens, Right of Way Agent APPROVED AS TO FORM: /S/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney THE STATE OF TEXAS STREET DEDICATION COUNTY OF LUBBOCK KNOW ALL MEN BY THESE PRESENTS: This is to certify that TARA LAND COMPANY, a corporation, is the sole owner of three tracts of land more particularly described as follows: TRACT J, TRACT H-4, WHISPERWOOD, an Additon to the City of Lubbock County, Texas; said tracts having been previously platted, and said plat having been approved by the Planning Commission of the City of Lubbock, and duly filed for record as required by law. 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 the street and common areas above -described to the PUBLIC for PUBLIC USE FOREVER, subject to the restriction that must be located underground. And first national bank at lubbock, holder of a lien of record against the above -described property, joins in this dedication for the sole purpose of showing its assent hereto, and it hereby releases its lien upon the above -described tracts, all of said tracts having been dedicated for public use in accordance with the dedication deed. WITNESS the execution hereof this 29th day of July, 1982. TARA LAND COMPANY B I Paul W. Johnson, President FIRST NATIONAL BANK AT LUBBOCK By: Clay Leaverton Asst. Vice -President THE STATE OF TEXAS I COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared PAUL W. JOHNSON, President of TARA LAND COMPANY, a corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of said corporation and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 30th day of July , 1982. /S/ Glenda Cole Notary Public r Lubbock County, Texas THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County and May LQ bAssr., Vice -President State, on this day personally appeared - a�t�o �be the and officer whose name is of FIRST NATIONAL BANK AT LUBBOCK, known to e acknowledged to me that he executed the same subscribed to the foregoing instrument and I __ —A �rmcziriprntion therein expressed, as the act and deed of said 1263 slow �82-41A-1263 -1955 (36) SEE Ord 7875 dated 6/22/78 Consider a resolution authorizing the Mayor to execute a paying release to Robert C. Donnell (Ord. 7675,7LWO: _10,956_7 Resolution No. 1188 This alley was placed on the 1978 Paving Assessment Program and the property in question (Lot ` Block 26, Modern Manor Addition) belongs to Robert C. Donnell and is situated across the alley! from Commercial Property. The paving assessment in force and effect at that time stated: "Property owner cost is based on prices bid, property usage, and abutting footage: Property used for single-family residential purposes will be assessed 50% of the cost unless the property immediately across the alley is used for other than residential purposes in which single-family residential property will not be assessed." The alley paving was accepted May 10, 1979 and Mr. Donnell received a statement from the Acc Department regarding his assessment. He responded by letter dated May 24, 1979 with an attE petition from several property owners, taking exception to the billing for assessment costs. files reflect that there was no action taken on the letter. The documents in Planning and Zoning Department indicate that a zone change on this property (Zone Case No. 1511) was heard before P&Z on December 7, 1967 accepting 32 different areas whereby commercial zoning was approved across from Mr. Donnell's and other proerty owner's property. The City Attorney, in reviewing all documentation, has ruled that this release sh be authorized. The motion was by Councilman Aderton, seconded by Councilman Brown to pass Resolution 1188 authorizing the paving release to Robert C. Donnell. Motion Motion carried: 5 Yeas, 0 Nays. JWF/mck RESOLUTION NO. 1188 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and he is hereby authorized and directed to exect for and on behalf of the City of Lubbock a partial paving release in favor of Robert C. Donneli attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the Council this 26th day of August -, 1982. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/,.Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: ISI J. Worth ' ullingim J. Worth Fullingim, Assistant City Attorney PARTIAL PAVING RELEASE THE STATE OF TEXAS § COUNTY OF LUBBOCK § WHEREAS, Robert C. Donnell signed a petition for alley paving adjacent and abutting 4810 Detroit, Lubbock, Texas, also known as Lot 5, Block 26, Modern Manors Addition to the City of Lubbock, Lubbock County, Texas and the petition was on a form provided by the City of Lubbock, which form provided in part as follows: "Property used for single family residential purposes will be assessed 50% of the cost unless the property immediately across the alley is used for other than residential purpo in which case single family residential property will not be assessed"; and, WHEREAS, the said Robert C. Donnell lived in a single family residence across the alley from property used for commercial purposes, and understood when he signed said petition that h! property would not be assessed (in accordance with the above -quoted provision from said form 6 petition); and tin -_ e I s, WHEREAS, this City Council finds and determines that under said provision the Donnell property should have not been as.qpq.qprl nnA f-i­ -i—,i _c 12-64 IMM the Donnell property, and the public records should be corrected in consideration of the premises as above -stated; NOW THEREFORE: KNOW ALL MEN BY THESE PRESENTS: THAT the following described paving lien against the following described property and owner as follows: 1978 Assessment Paving Program G.W.O. 10,956 N-S alley between Detroit & Elgin from 48th to 50th Unit No. A-460-56 Lot 5, Block 26, Modern Manor Addition - 2nd Installment Property owned by: Robert C. Donnell 4810 Detroit Avenue Lubbock, Texas 79413 Ordinance No. 7675 Public Hearing - May 25, 1978 3rd and Final Reading - June 22, 1978 Filed July 11, 1978 in Volume 1592, Page 104-171 of the Deed Records BE AND THE SAME IS HEREBY RELEASED AND QUITCLAIMED unto the said Robert C. Donnell, his heirs, successors and assigns as against said property. THIS release pertains only to the specific lien above set forth, and all other liens presently held by the City of Lubbock not specifically hereinabove mentioned are hereby retained in all respects. Witness the hand of the City of Lubbock, this 26th day of August 1982. _�btrl CITY OF LUBBOCK BY: /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Don Jennings Don Jennings, City Engineer THE STATE OF TEXAS § COUNTY OF LUBBOCK § APPROVED AS TO FORM: /S/ J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney BEFORE ME, the undersigned authority a Notary Public in and for said County, Texas, on this day personally appeared Bill McAlister, Mayor of said 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 said City. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ist -day of September x1982 /s/. Olivia R. Solis Notary Public, Lubbock County, Texas My commission Expires: 11/30/85 82-41A-1264-1956 Consider a resolution authorizing the Mayor to sign.a, sales contract with Southwestern (37) Public Service for the Purchase of a portion of , Section 17, Block A. Resolution No. 1189 This contract is to purchase a lot for Day Care Center #2, at a cost of $1,220, which was authorized on March 11, 1982. This action reflects Southwestern Public Service's acceptance of the offer and the completion of the transaction. The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Resolution 1189. Motion carried: 5 Yeas, 0 Nays. JWF:js RESOLUTION NO. 1189 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute a contract between said City (as proposed purchaser) and Southwestern Public Service Company (as proposed vendor) for the purchase by said City of a tract of land which is a part of Section 17, Block A, Lubbock County, Texas, as parcel No. 1 of the C.D. 8010 - Day Care 1265 LJM18W4'q' Center No. 2 project attached herewith which shall be spread upon the minutes of the Council as spread upon the minutes of this Council shall constitute and be a part of this Resolution if fully copied herein in detail. Passed by the City Council this 26th day of. August , 1982. ISI Bill McAlister TILL—M—cA—L—ISTER, MAYOR ATTEST: ISI Evelyn Gaffga Evelyn Caffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Tom Nivens Tom Nivens, Right of Way Agent APPROVED AS TO FORM: 1S.1 J. Worthfullingim J. Worth Fullingim, Assistant City Attorney MWTPAPT Section L. This is a contract ("Contract") by which Southwestern Public Service Company, a New Mexico corporation authorized to transact business in the State of Texas ('SPS"), agrees to sell to the City of Lubbock, Texas, a Home Rule Municipal Corporation ("Buyer"), who agrees to purchase, upon the terms and conditions of this Contract, the property described below (the "Property"), in its present condition: A tract of parcel of land lying and being situated in Lubbock County, Texas and being a part of Section 17, Block A, Lubbock County, Texas, described by metes and bounds as follows: BEGINNING at the Southwest corner of the East 1/2 of Section 17, Block A, Lubbock County, Texas; THENCE East 1043.4 feet for the BEGINNING corner of this tract; THENCE North 208.7 feet to a point; THENCE East 52.1 3/4 feet to a point; THENCE South 208.7 feet to a point; THENCE West 52.1 3/4 feet to the PLACE OF BEGINNING. SAVE AND EXCEPT the South 25 feet thereof; heretofore dedicated for street purposes, as set forth in the Right of Way Deed dated November 6, 1947, recorded in Volume 384, Page 19, Deed Records of Lubbock County, Texas; AND SAVE AND EXCEPT a tract of land dedicated for alley purposes, by Dedication Deed dated February 22, 1969, recorded in Volume 1194, Page 21, Deed Records of Lubbock County, Texas, and being described by metes and bounds as follows: BEGINNING at a point which is 15.0 feet South of the Southeast corner of Lot 2, Block 2, Burleson -Osborn Heights, an Addition to the City of Lubbock, Lubbock County, Texas; THENCE North 45' West a distance of 28-28 feet to a point in the South line of an alley; THENCE East along the South line of an alley a distance of 20.0 feet to the PLACE OF BEGINNING. Section 2. The total sales price is ONE THOUSAND TWO HUNDRED TWENTY DOLLARS AND NO CENTS ($1,220.00), all of which shall be payable to SPS AT CLOSING. Section 3. At closing, SPS will execute and deliver to Buyer a warranty deed, previously approved—bY SPS, conveying the Property to Buyer free and clear of all encumbrances except those set out in this Contract. Section 4. Buyer will provide its own Owner's Policy of Title Insurance (if it so desires) and will pay all closing costs (except those specifically assumed by SPS in this Contract), including, without limitation, the cost of title insurance, fees for preparation of deeds and tax certificates. Section 5. Buyer accepts the Property in its present condition. Subject to the final consummation of this Contract, Buyer may take possession of the Property upon execution and delivery of this Contract. Section 6. Ad valorem taxes on the Property will be pro -rated to the date of closing. Section 7. Closing shall be on or before 120 days from Execution Date unless any contingency set out below is unsatisfied, in which case the sale is to be closed when objections are removed and An17 126'6 AUG 26 1992 Section 8. This Contract is expressly contingent upon the following: (1) Approval by SPS's Board of Directors, and (2) sPS obtaining and providing to Buyer at closing a release ("Release") of1946, d Deed of Trust, dated August 1, one certain Indenture of Mortgage an the Property from etween SPS and Chemical Bank (successor by merger to The as supplemented and amended, b any and Chemical Bank New York Trust Company), as Trustee. New York Trust Comp Section 9. This Contract contains the entire agreement of the parties with respectises made tement to the matters covered by this Contract. No othe nt of anartsyat, which, isor notprom contained by any party, or to any employee, officer, or ager agreement y p in this Contract, shall be binding or valid. Section 10. If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Contract, the prevailing party shall be entitled to recover reasonable attorney's fees from the other party, which fees may orced in a separate action brouRht be set by the court in the trial of the action or may be enf for that purpose. These fees shall be in addition to any other relief which may be awarded. Section 11. This Contract may not be assigned by either party. overned by and construed in accordance with the Section 12. This Contract shall be g laws of the State of Texas. Section 13. Subject to the provisions of Section 11 of this Contract, this Contract shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties to this Contract. E I ach party to this Contract has executed the Contract on the date of that party's acknowledgment. The Execution ate ("Execution Date") of this Contract shall for all purposes be deemed to be the daDte of the last acknowledgment. SOUTHWESTERN PUBLIC SERVICE COMPANY By /S/W. R. Esler W. R. Esler, vice President, Engineering and Construction CITY OF LUBBOCK, TEXAS ATTEST: By /S/ Evelyn Gaffga By /S/ Bill McAlister Mayor City Secretary -Treasurer STATE OF TEXAS § COUNTY OF POTTER § This instrument was acknowledged before me on the 6th day of August 1982, by W. R. ESLER, Vice President, Engineering and Construction of Southwestern Public Service Company, a New Mexico corporation, on behalf of said corporation. /S/ Maxine Spiker. Notary Public, state of Texas My Commission Expries 1-29-84 STATE OF TEXAS § COUNTY OF LUBBOCK § This instrument was acknowledge before me on the lst day of September 1982, by /S/ Bill McAlister Mayor, of the City of Lubbock Texas, a Home Rule Municipal Corporation, on behalf of said corporation. Notary Public, State of Texas My Commission Expires 11/30/85 82-41A-1266-1957 Consider an ordinance amending Sec. 15-3 of the Code of Ordinances (38) Advisory Subcommittee. *Ord. NO. 8358 amends Ordinance No. 8358 Ord. No. 7360 (11-11-76) Under the new State provisions, this ordinance creates an Animal Shelterof tAdvihesorySubcommitteeSubcommittee, which will serve under the umbrella of the City Health Board. Members , if not already members of the Health Board, will be ex officio members without voting mposition of the Subcommittee will include one licensed veterinarian, one rights. The co representative from an an imal welfare organization, a City offal, and an Animal Shelter employee. The Subcommittee must meet at least three times a year. The Health Board reviewed this request on August 13, 1982 and recommended modification of the committee composition to include two representatives from animal welfare organizations in order that both existing organizations may be represented - one representative from the Humane Society, and one representative from People for Animal Welfare (PAWS). 1267 2-41A-1267-1958 (39) d. No. 8359 amends Ord. No. 7995 dated (2/14/80) 32-41A-1267-1959 (40) *See Reso. No. 925 (9/24/81) 82-41A-1267-1960 (41) *Reso No. 119(1 amends *NOTM Exp�ai�atioh82) of Change filed with Resolution. Recommended representation are: Denzel Percifull, representing the City; Tom Tromley, on behal: of the Animal Shelter; the representative for the Human Society will be Gail Gallagher; and to represent PAWS, will be Candice Shaw; and Dr. Tom Neil, DVM. The motion was made Councilwoman Baker, seconded by Mayor Pro Tem Henry to pass Ordinance 8358 on first reading effectuating the above recommended appointments. Motion carried: 5 Yeas, 0 Nays. Consider an ordinance amending.the Animal and Fowl ordinance re aging _the adoption of animals, and changing the name to Animal Control Facility. Ordinance No. 8359 The proposed ordinance is twofold: to remove the City from continuing adoption proceedings for unclaimed animals, and to change the name of the facility from Animal Shelter to Animal Control Facility. The City presently adopts out approximately 640 animals a year, 20% of which, when adopted, are diseased and the only method to reduce the number of diseased animals is by vaccinating all of those that are brought to the Shelter, at an estimated cost of $20,000. It is the recommendation of the staff that rather than absorb this cost, these animals that are brought in by citizens for adoption be referred to the Humane Society or the PAWS organization. Presently, it costs the City about $2.50 a day to feed an animal, and the City is required to hold an animal for four days. The proposed policy would be to hold all animals for a period of 24 hours, to be destroyed the following day if unclaimed or unadopted. Those animals impounded are held 72 hours before they are turned over to the animal placement organizations. The discussion that ensued by Council members concentrated on the liability the City assumes if they enforce this 24 hour/72 hour policy, particularly if some documentation regarding ownership is not part of the requirement. Mayor McAlister strongly indicated that the City cannot fund these adoption proceedings which could be handled by a private agency, and there is a definite need for documentation regarding ownership, or a hold harmless affidavit to be signed by those bringing in animals for adoption. After extensive discussion over the 24 hour/72 hour provision and the liability attached thereto, the Council queried whether this matter had been discussed with the Health Board as detailed as presented here, apparently it had not been discussed with the Health Board and, based on that response, the motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to pass this Ordinance 8359 on first reading, referring the matter back to the Animal Shelter and Health Board to resolve the procedures and policy regarding adoption and destroying of animals before consideration of second and final reading. Motion carried: 5 Yeas, 0 Nays. DGV/mck ORDINANCE NO.8359 AN ORDINANCE AMENDING CERTAIN PORTIONS OF CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO ANIMAL CONTROL OPERATIONS, AND PROVIDING A SAVINGS CLAUSE. Consider accepting the development and drilling of twenty-five water wells in the Sandhills Well Field, and authorize final payment to contractor (Reso. 925, 9/24/81). The original contract was in the amount of $489,400; the final amount is $475,171 with a final payment to the contractor in the amount of $23,758.55. The motion was made by Councilwoman Baker, seconded by Councilman Brown to accept the improvements as stated and to authorize final payment to High Plains Drilling in the amount referenced above. Motion carried: 5 Yeas, 0 Nays. Consider Change Order #3 to contract for water distribution mains (McCullough Contracting Co., Reso. 922, 9/24/81), and authorize same. Resolution No. 1191 This change order is in the amount of $11,146.03. The original amount of the contract is $2,995,046.90. This change order consists of five items: *Chg. Ord. No.1 approved 10/22/81 reducing retainage *See: Reso. No. 982 dated 12/10/81 for Chg. Ord. #2 *See: Reso. No. 1662 dated 4/12/84 for Chg. Ord. No. 4 *See Munutes of 4/12/84 #39 - Project accepted final payment authorized 1. Additional blocking on the 54-inch line at 98th and Memphis to include welding the joints on several pipes. $ 1,409.90 2. Alterations of the valve box on the 54-inch valve at 98th and Memphis to increase the size from 98 inches in diameter to 108 inches in diameter. $ 2,656.50 3. Repair of the break at the pump station at No. 10 which occurred while under construction. $ 2,410.40 4. Change in grade required with the underground electric conduit. 5. Closure of Pump Station No. 9 between the header pipe and the pipeline. $ 3,147.86 Tlia mntinn rvnc morla ho !'n„nnilm�r< Rrr,r.T„ conr�r, .a o.9 7.« !'.,,,T, r,i 7<.tr.<,..,., n-1 t- .,.,.,.. 'D- ,.9-4,,... um MINIM JWF: da RESOLUTION NO. 1191 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 Change Order No. 3 to be entered into with McCullough Contracting Company with respect to Water Distribution Mains under W.W.O. 11606, 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 26th day of August ,1982. ISI Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ 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, Assistant City Attorney Change Order No. 3. Water Distribution Mains Pump Sta. No. 9 to 4th St. & Chicago Ave. Water Treatment Plant to Pump Sta. No. 4 Memphis Ave. 82nd St. to 98th Street. W.W.O. 11606 TO: McCullough Contracting Company P.O. Box 957 Murfreesboro, Tennessee 37130 Original Amount of the Contract $2,995,046.90 Change Order #1 (Retainage 10% to 5% NONE Change Order #2 $ 1,213.60 Amended Amount of Contract $2,996,260..50 Change Order #3 $ 11,146.03 Amended amount of contract $3,007,406.53 WHEREAS, it is desirable to make changes in the plans and specifications for this project; THIS AGREEMENT WITNESSETH: In consideration of the mutual advantages gained, the Owner and the Contractor agree to the change shown herein and in the attached exhibits and data and the Owner and the Contractor agree that the original contract between tehm shall be modified and amended to the extent herein indicated. All alterations in this change order were made before execution. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this the 26th day of August, 1982. McCullough Contracting Company By /S CITY OF LUBBOCK OWNER By ISI Bill McAlister Mayor ATTEST: /S/ Evelyn Gaffga City Secretary RECOMMENDED FOR APPROVAL: /S/ Wilford D. Watson Chief Engineer, Water Utilities Engr. 1269 -41A-1269-1961 (42) *Ord. 8360 amends Ord. 2034 (9/27/56) 32-41A-1269-1962 (43) F7 i Consider an ordinance amending Chapter 12 of the Code of Ordinances regarding fire protection provisions. Ordinance No. 8360 Fire Marshal Robert Stokes met with the Hotel/Motel Owners Association and discussed the possibilities of such an ordinance that would prohibit smoking in bed. The hotel/motel owners agreed to post signs warning occupants of penalties in the event that it was determined that fires resulted from smoking in bed. Councilman Brown indicated that he was going to vote against the ordinance as he felt that it was an infringement on the privacy of the occupants. The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to pass Ordinance 8360 on first reading. Motion carried: 4 Yeas; Councilman Brown voted Nay. KJ:cl ORDINANCE NO. 8360 AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED FIRE PROTECTION, BY ADDING SECTIONS 12-3, 12-4 AND 12-11, PROVIDING THAT SMOKING IN BED IN A HOTEL OR MOTEL ROOM SHALL BE PROHIBITED AND PROVIDING A REQUIREMENT THAT THE OPERATOR OF PREMISES HOUSING A HOTEL OR MOTEL SHALL POST AND MAINTAIN A WARNING SIGN BEARING THE PROHIBITION OF SMOKING IN BED IN A HOTEL OR MOTEL ROOM AND PROVIDING THAT VIOLATION OF ANY PROVISION OF THIS ARTICLE SHALL BE DEEMED A MISDEMEANOR; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Consider a resolution authorizing an agreement with the National Academy for Professional Driving, and providing for an instructor training program. Resolution No. 1192 Last year, 233 accidents involving City vehicles are recorded of which 88 were classified as preventable. In order to curtail this trend of high accidents among City driver - employees, the staff felt it necessary to present a hands-on driving training course which would train seven instructors from the City staff and they in turn would take it to their employees for additional training. The departments that have great need for this are Police (3), Fire (1), Sanitation (1), general purposes - Park & Recreation, Water Utilities, LP&L, and Streets (2). The instructors would take their training at the National Academy of Professional Driving (NAPB) in Santa Fe and would impart their skills and training to other City employees as designated. The cost of the program is $17,025 which would include the purchase of two small motorcycles whereby the instructors monitor the students in the training program. It is anticipated to have a 40% decrease in accidents. This program was presented to the Council at the 8:30 Work Session with a slide presentation by Officer Richard Foster of the Police Department and Jim Hogan, Internal Safety Director who had participated in the Program in Santa Fe. At the Regular Session, the motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass Resolution 1192 adopting the referenced driving training program. Motion carried: 5 Yeas, 0 Nays. DGV/mck RESOLUTION NO. 1192 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 four contracts with the National Academy for Police Driving of Lancaster, Texas, one contract is for a Police Instructor Course, total contract charges being $8,850.00; the second contract is for a Fire Instructor Course, total contract charges being $1,915.00; the third contract is for a Light Truck and Van Instructor Course, total contract charges being $2,950.00; and the fourth contract is for a Sanitation Truck Instructor Course, total contract charges being $1,460.00, which contracts 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 26th day of August , 1982. /,S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaf ga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Rita Harmon. Rita Harmon, Director of Personnel APPROVED AS TO FORM: 1270 Resolution No. 1192-A AGREEMENT BETWEEN NATIONAL ACADEMY FOR POLICE DRIVING OF LANCASTER, TEXAS ME CITY OF LUBBOCK OF LUBBOCK, TEXAS This agreement entered into this 26th day of August , 19 - 82 by and between the Police Division of National Academy for Police Driving of Lancaster, Texas (hereinafter called the "Contractor") and the City of Lubbock, Texas (hereinafter called "Client") introduction Whereas, Contractor has acquired unique experience, special skills, techniques, and knowledge in the development and teaching of specialized forms of driver education, and has devised a standard, unique, and uniform system, known to both parties of this agreement, and Whereas, Contractor has developed a duly recognized logotype, and thus has the sole and exclusive right to the goodwill connected with the logotype, and programs and systems used in providing its services, and Whereas, all of the foregoing have distinctive and valuable significance to the public, and Client recognizing same desires to make use of and enjoy the commercial benefits by conducting business with said Contractor, Now, therefore, the parties mutually agree as follows: 1. Employment of Contractor. The Client agrees to engage the Contractor and the Contractor hereby agrees to perform the services hereinafter set forth. 2. Scope of Services. The Contractor, as an independent organization and in connection and cooperation with the Client, shall, within time and fund retraints hereinafter stated, perform and carry out, in a professional manner, the services described as follows; Article 1. Services to be rendered by Contractor Police Instructor Course for three students, which includes: tuition, one set of overhead transparencies; one set of simulators (2); three instructor manuals; and 100 student training packets. Article II. Time and Performance A. Number and Length of Courses One - Eighty Hours (Ten days) . B. Consisting of 36 hours of Classroom and 4 hours of Track Insturction for a otal of 80 hours of instruction. C. Date, Time, and Location of Services October 11, through October 22, 1982: 8:00 A.M. to 5:00 p.m.; Lubbock, Texas. D. Number of Students 3 of 6 E. Rate per Student $2,500.00 for a total Student Fee of $7,500.00 F. Additional Charges Equipment & Training Packets $1,350.00 G. Total Contract Charge Article III.Payment Schedule he Client agrees to pay the Contractor for services and/or materials as described herein in Dallas, Dallas County Texas as follows: Full payment of total contract charges immediately upon completion of serivce. This agreement constitutes the entire Contract between the Contractor and the Client and no verbal assurances or promises not contained herein shall bind the Contractor or the Client. In witness whereof the Client and the Contractor have executed this agreement as of the date first above written. NATIONAL ACADEMY FOR POLICE DRIVING, INC. By ISI David T. Shelton Attest: By /S/Gail Parker DATE Sept. 7, 1982 CITY OF LUBBOCK, TEXAS By /S/ Bill McAlister Attest: /S/Evelyn Gaffga DATE Aug. 26, 1982 1271 go= �7 RESOLUTION 1192-B AGREEMENT BETWEEN NATIONAL ACADEMY FOR POLICE DRIVING OF LANCASTER, TEXAS AND CITY OF LUBBOCK OF LUBBOCK. TEXAS This agreement entered into this _26th_day of August 1982 by and between the Fire Division of National Academy for Police Driving of Lancaster, Texas (hereinafter called the "Contractor") and the CitNT of TUbbnnk, Texas (hereinafter called "Client"). I INTRODUCTION Whereas, Contractor has acquired unique experience, special skills, techinques, and knowledge in the development and teaching of specialized forms of driver education, and has devised a standard, unique, and uniform system known to both parties of this agreement, and Whereas, Contractor has developed a duly recognized logotype, and thus has the sole and exclusive right to the goodwill connnected with the logotype, and programs and systems used in providing its services, and Whereas, all of the foregoing have distinctive and valuable significance to the public, and Client recognizing same desires to make use of and enjoy the commercial benefits by conducting business with said Contractor, Now, therefore, the parties mutually agree as follows: 1. Employment of Contractor. The Client-- agrees to engage the Contractor and the Contractor hereby agrees to perform the services hereinafter set forth. 2. Scope of Services. The Contractor, as an independent organization and in connection and cooperation with the Client, shall, within time and fund restraints hereinafter stated, perform and carry out, in a professional manner, the services described as follows: Article 1. Services to be rendered by Contractor one set of overhead transparenciesp one simulator; one instructor Manual; and 30 Sutde t Tranning packets. Article II. Time and Performance A. Number and Length of Courses One - Forty Hours (Five daya)-- B. Consisting of _13 hours of Classroom and 21 _ hours of Tract Instruction fora total ofo hours of instruction. C. Date, Time, and Location of Services October 25, through October 29, 1982; $:00 a . to 5:00 p.m.; Lubbock, Texas D. Number of Students— I Of 6 E. Rate per Student_$j_,250aafor a total Student fee of$1,250,00-,. F. Additional Charges Equipment and Training Packets $665.00 G. Total Contract Charges $1,915,00 Article III. Payment Schedule The Client agrees to pay the Contractor for services and/or materials as described herein in Dallas, Dallas County Texas as follows: Full payment of total rontract charges immediately upon completion This agreement constitutes the entire Contract between the Contractor and the Client and no verbal assurances or promises not contained herein shall bind the contractor or the Client. In witness hereof the Client and the Contractor have executed this agreement as of the date first above written. NATIONAL ACADEMY FOR POLICE DRIVING, INC. ATTEST: CITY OF LUBBOCK, TEXAS 91YOWIN ATTEST: BY / S / Evelyn Gaffga 1272 NATIONAL ACADEMY FOR POLICE DRIVING OF LANCASTER, TEXAS mm CITY OF LUBBQCK OF LUBBOCK, TEXAS This agreement entered into this__2fitb_day of August 1982 by and between the. Fleet Division of National Academy for Police Driving of Lancaster, Texas (hereinafter called the "Contractor") and the City of Lubbock, Texas (hereinafter called "Client"). INTRODUCTION Whereas, Contractor has acquired unique experience, special skills, techinques, and knowledge in the development and teaching of specialized forms of driver education, and has devised a standard, unique, and uniform system known to both parties of this agreement, and Whereas, Contractor has developed a duly recognized logotype, and thus has the sole and exclusive right to the goodwill connnected with the logotype, and programs and systems used in providing its services, and Whereas, all of the foregoing have distinctive and valuable significance to the public, and Client recognizing same desires to make use of and enjoy the commercial benefits by conducting business with said Contractor, Now, therefore, the parties mutually agree as follows: 1. Employment of Contractor. The Client agrees to engage the Contractor and the Contractor hereby agrees to perform the services hereinafter set forth. 2. Scope of Services. The Contractor, as an independent organization and in connection and cooperation with the Client, shall, within time and fund restraints hereinafter stated, perform and carry out, in a professional manner, the services described as follows: Article 1. Services to be rendered by Contractor Light Truck and Van Instructor Course for two students, which inclilde-se Tuition; one set of overhead transparencies; instructor mqnuals; and 50 student training packets. Article II. Time and Performance A. Number and Length of Courses one - Forty Rours (Five Days) - B. Consisting of --13-_hours of Classroom and _2_2 hours of Tract Instruction for a total of---4_0_hours of instruction. C. Date, Time, and Location of Services October 25, through October 29, 1982. 8*00 a..m..-to 5*00 p.m -- Lubbock, Texas D. Number of Students I of 6 E. Rate per Student$1.250,00for a total Student fee of $1,250.00. F. Additional Charges Equipment and Training Pa(-kpt.-, $h65-OO G. Total Contract Charges_$Lqll_Qo _ Article III. Payment Schedule The Client agrees to pay the Contractor for services and/or materials as described herein in Dallas, Dallas County Texas as follows: Full payment of total contract charges immediately upon completion of servicQs. This agreement constitutes the entire Contract between the Contractor and the Client and no verbal assurances or promises not contained herein shall bind the contractor or the Client. In witness hereof the Client and the Contractor have executed this agreement as of the date first above written. NATIONAL ACADEMY FOR POLICE DRIVING, INC. CITY OF LUBBOCK, TEXAS By Bill McAlister ATTEST: BY___JS/__Gajl.. P arker DATE_Se4L__Z,_1932 ATTEST: I W-0972we "Sain. Map., UP*% 'IN 1273 RESOLUTION NO. 1192 - D AGREEMENT BETWEEN NATIONAL ACADEMY FOR POLICE DRIVING OF LANCASTER, TEXAS AND CITY OF LUBBOCK OF LUBBOCK, TEXAS This agreement entered into this 2Lh_day of August 19 92 by and between the Fleet Division of National Academy for Police Driving of Lancaster, Texas (hereinafter called the "Contractor") and the City of Lubbock} Tpwnq (hereinafter called "Client").- INTRODUCTION Whereas, Contractor has acquired unique experience, special skills, techinques, and knowledge in the development and teaching of specialized forms of driver education, and has devised a standard, unique, and uniform system known to both parties of this agreement, and Whereas, Contractor has developed a duly recognized logotype, and thus has the sole and exclusive right to the goodwill connnected with the logotype, and programs and systems used in providing its services, and Whereas, all of the foregoing have distinctive and valuable significance to the public, and Client recognizing same desires to make use of and enjoy the commercial benefits by conducting business with said Contractor, Now, therefore, the parties mutually agree as follows: 1. Employment of Contractor. The Client agrees to engage the Contractor and the Contractor hereby agrees to perform the services hereinafter set forth. 2. Scope of Services. The Contractor, as an independent organization and in connection and cooperation with the Client, shall, within time and fund restraints hereinafter stated, perform and carry out, in a professional manner, the services described as follows: Article 1. Services to be rendered by Contractor Sanitation Truck Tnstrurtor Course for on P student, which inrludt-s* Tuition; one set of overhead transparencies; instrurtior manlinl; and 20 studpnt training packets. Article II. Time and Performance A. Number and Length of Courses One - Forty Nniirg (Five da)Zs) - B. Consisting of _1_3_hours of Classroom and 27 hours ofTract Instruction for a total ofA0 hours of instruction. _ C. Date, Time, and Location of Services Ortaber 25, Hirmigb Onto er 29, 1982; 8*00 a.m. to 5o00 p.m.; Lubbock, Texas D. Number of Students I of 6 E. Rate per Student$1,250,00for a total Student fee of $1,290_00. F. Additional Charges 'Equipment and Training Pnrkptq $210-00 G. Total Contract Charges $1,460,00 Article III. Payment Schedule The Client agrees to pay the Contractor for services and/or materials as described herein in Dallas, Dallas County Texas as follows: Full payment of total contract charges immediately upon completion of services. This agreement constitutes the entire Contract between the Contractor and the Client and no verbal assurances or promises not contained herein shall bind the contractor or the Client. In witness hereof the Client and the Contractor have executed this agreement as of the date first above written. NATIONAL ACADEMY FOR POLICE DRIVING, INC. CITY OF LUBBOCK, TEXAS BY /S/ David T. Shelton BY: ISI Bill McAlister ATTEST: ATTEST: BY ISI Gail Parker BY: /S/ Evelyn Gaffga DATE Sept, 7, 1982 BY: August 26, 1982 1274 -41A-1274-1963 Consider proposed fee schedule for independent auditors for 1981-82 audit, and authori (45) same. The Accounting firm of Mason, Nickels, and Warner have submitted their fees for the General Audit and for specific grant audits totalling $67,500. which does not reflect an increase from the schedule presented in 1981. There are, however, significant increases in the hourly rates: Personnel 1980 1981 Increase 1982 % Increase Partner $65 $85 31% $100 18% Manager 40 50 25 75 50 Supervisor 35 50 14 50 25 Senior 28 30 7 40 33 Staff 21 25 19 35 40 The motion was made by Councilman Brown, seconded by Councilwoman Baker to adopt the proposed fee schedule referenced above. Motion carried: 5 Yeas, 0 Nays. -41A-1274-1964 Consider statement from First Southwest Company for May 27, 1982 sale of General (46) Obligation Bonds, and authorize same. I The statement from First Southwest Company for financial advisory services and bond rating fees for the sale of $10,950,000 of General Obligation Bonds is $34,412.50. Other costs were from the rating agencies totalling $10,500. There were some problems with the delivery of the bonds and the receipt of the money due to errors made by the First Southwest Company and the City has asked for some sort of a credit because of these inconveniences which were costly to the City; as of this date, a response has not been received. The motion was made by Councilman Brown, seconded by Councilman Aderton to accept the statement to First Southwest as submitted. Motion carried: 5 Yeas, 0 Nays. 2-41A-1274-1965 Consider ordinance setting sanitation rates. (47) Ordinance No. 8361 Ord. No. 8361 amends Ord. NO 8098 (9/11/80) 82-41A-1274-1966 (48) *Ord. No. 8362 amends Ord. NO. 7489 (7-14-77) The above ordinance establishes the sanitation rates as follows: (1) Residential: (1 unit) - $4.75 per month, effective October 1, 1982. This amount to be increased by $.25 per month on April 1, 1983. (2) Small commercial, churches, day nurseries, private schools, professional offices, home beauty shops, other customary home occupations, nursing homes, orphan, maternity and geriatric homes, lodges, sororities and fraternities generating less than twenty (20) cubic feet per pickup - $4.75, effective October 1, 1982. This amount to be increased by $.25 per month on April 1, 1983. Rooming houses without container $4.75 + .75 per rental room; mobile home parks without containers - $4.75 per space; multi -family without containers - $4.75 per unit all effective October 1, 1982. This amount to be increased by $.25 per month on April 1, 1983. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Ordinance 8361 on the first reading. Motion carried: 5 Yeas, 0 Nays. DGV: da ORDINANCE NO. 8361 AN ORDINANCE AMENDING SEC. 14-7.3, SUBSECTIONS (a)(1) and (a)(2) OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, PERTAINING TO CHARGES FOR RESIDENTIAL GARBAGE AND TRASH COLLECTION, BY AMENDING THE LANGUAGE OF SAID SUBSECTIONS TO READ AS IS HEREINAFTER SET OUT; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Consider ordinance setting sewer rates. Ordinance No. 8362 The above ordinance establishes the sewer rates as follows: Single Family Residence: Multi -family Residence: Rooming Houses: Universities, Schools, Geriatric Institutions, Orphans Homes, Public or Private Institutions, Except Public Schools: Lubbock Public Schools: Commercial: 5/8 inch or 3/4 inch meter $2.25 per month $1.50 per unit per month $1.50 per month plus $.60 per rental room per month $ .60 per resident, student, patient or inmate; $.16 per off -campus resident, student per month $ .16 per student per month $2.25 per month for the first 3,000 gallons; $.18 per thousand gallons per month fbPrPAffPr a mr 1275 7d 1-% inch meter $9.00 per month for 12,000 gallons minimum; $.18 per thousand thereafter 2 inch meter $16.00 per month for 20,000 gallons minimum; $.18 per thousand thereafter 3 inch meter $37.00 per month for 48,000 gallons minimum; $.18 per thousand thereafter 4 inch meter $66.00 per month for 85,000 gallons minimum; $.18 per thousand thereafter 6 inch meter $150.00 per month for 190,000 gallons minimum; $.18 per thousand thereafter 8 inch meter $265.00 per month for 340,000 gallons minimum; $.18 per thousand thereafter 10 inch meter $415.00 per month for 535,000 gallons minimum; $18 per thousand thereafter. Industrial The carge for industrial users shall be the same as the commer- cial rate; however, industrial waste that exceeds the allowable strength shall be admitted to the sewer only by contract with the City and such rate shall be sufficient to recover the entire cost of transmission, treatment and disposal of the industrial liquid waste. The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass Ordinance 8362 on first reading. Motion carried: 5 Yeas, 0 Nays. DGV:da ORDINANCE NO. 8362 AN ORDINANCE AMENDING SUBSECTION (c) OF SECTION 34-73 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, CHANGING THE RATES FOR SEWER SERVICE WITHIN THE CITY OF LUBBOCK EFFECTIVE OCTOBER 1, 1982; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 82-41A-1275-1967 Consider participation with other cities in the request by Southwestern Bell Telephone for ( 49) a rate increase. On June 21, 1982, Southwestern Bell filed a rate increase with the PUC asking for an addition $471.5 million per annum (13.4% increase). They received an increase in October of 1981 and the requested increase will be passed on to the local customers, both business and residential. On a one -party residential rate, the rate will increase $4.60 per month; business rates would increase $1.55 per month in the Houston area to $6.55 per month in the small exchanges. Additionally, the monthly allowance for directory assistance would decrease from 10 to 3 calls billed at 25¢ each; the minimum installation charge for one residence phone would be $63.85. Representatives from several cities met in Austin to discuss collective action and it was the unanimous opinion of all concerned that cities should present a consolidated case to the PUC. Based on the population pro rata share, the City's share would be $6,089. It is the recommendation of the Director of Finance Massengale that the City of Lubbock participate with the other cities in the TML collective action. Councilman Aderton expressed objection to this in that it is a waste of money, and the entire area is getting better service than found in any other nation; he would vote against it. Mayor Pro Tem Henry responded that cities joining together to object is not picking on the telephone company but if cities don't ban together to express their objection, local citizens are not represented in these matters and the requests go unchecked and unchallenged. Joining together is one method of assuring citizens that the rates have filed with the PUC have been investigated and elected officials are the citizens' only defense. The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry for Lubbock to participate in the collective action against the Southwestern Bell request. Motion carried: 4 Yeas; Councilman Aderton voted Nay. 82-41A-1275-1968 Consider write-offs on uncollectible accounts. (50) The amounts to be written of� in each account are as follows: General Fund $ 16,534.97 Sanitation Fund 5.00 Airport 234.80 Internal Service 3.00 Water, Garbage, and Sewer (Utility Bill Chargeoffs) 152,956.62 Electric Fund the City of rate increase 1276 ALI �,l Z�' ") 19 8 ? These are routine housekeeping matters. Director of Finance Massengale indicated that they are working on curtail to cut the write-offs considerably, and in response to Council query as to whether or not they had considered a late charge for non- payment of the utility bills, Mr. Massengale responded that he had considered it, but no policy had been established and the Council asked that the staff give this serious consideration. Additionally, the Council queried as to whether the electric bills were higher than the water bills and asked that the staff check into this for an analysis. The motion was made by Councilman Brown, seconded by Councilwoman Baker to accept the write-off on uncollectable accounts as presented. Motion carried: 5 Yeas, 0 Nays. 82-41A-1276-1969 Consider Bid #6951 for electric items (warehouse stock). (51) Items 1, 2 Westinghouse Electric Supply Co. Lubbock, Texas Items 3, 6 Nelson Electric Supply Co. Lubbock, Texas Items 4, 5, 7 Temple, Inc. Lubbock, Texas 82-41A-1276-1970 Consider Bid #6953 for steel pipe (warehouse stock). Low Bidder Industrial Metals & Salvage Co. Lubbock, Texas $8,400.00 82-41A-1276-1971 Consider Bid #6945 for electric items (warehouse stock). (53) Items 1, 3, 4, 8, 9, Temple, Inc. 10, 11 Lubbock, Texas Items 2, 5 General Electric Supply Co. Lubbock, Texas Items 6, 7 Nelson Electric Supply Co. Lubbock, Texas Item 12 Westinghouse Electric Supply Co. Lubbock, Texas Item 13, 14, 15 Fields and Company Lubbock, Texas 82-41A-1276-1972 Consider Bid #6950 for insecticides (Health Dept.). (54) Items 1, 2 Bishop Chemical and Pest Control Lubbock, Texas 82-41A-1276-1973 Consider Bid #6923 for oil and gas lease (N/2 of Section 10, Block A), and authorize (55) same. Resolution No. 1193 Low Bidder S. E. Cone, Jr. Lubbock, Texas $8,000-00 At the 8:30 Work Session, City Manager Cunningham apprised the Council that this bid did not meet specifications. He also indicated that the proposal reflected a 3 year lease with a 20% royalty and a $1.00 per acre delay rental. Although there was a great deal of interest expressed previously, there was only one bid received. Upon checking further, Mr. Cunningham retracted the above statement to the effect that all specifications had been complied with. SMH: mck RESOLUTION NO. 1193 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an oil and gas lease between the City of Lubbock and S. E. Cone, Jr., attached herewith which shall be spread upon 1277 AU U 2 6 13 8 Z" F11 the minutes of the Council and as spread upon the minutes of the Council shall constitute a of this Resolution as if fully copied herein in detail. Passed by the City Council this 26th day of August , 1982. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Denzel Percifull Denzel Percitull, Director of Public Services APPROVED AS TO FORM: /S/ Susan M. Horton Susan M. Horton, Assistant City Attorney OIL AND GAS LEASE The lease, made and entered into in duplicate of this 26th day of August A.D., by and between the City of Lubbock designated as Lessor and S. E. Cone, Jr. designated as Lessee. WITNESSETH: 1. PRIMARY Term: The Lessor, in consideration of the payment by Lessee of the sum of $8,000.00 , the receipt whereof is acknowledged, and of the royalties, convenants, stipulations and conditions contained, and hereby agreed to be paid, observed and performed by the Lessee, does hereby demise, grant, lease and let unto the Lessee the land described below, to a depth of sex thousand feet, for three years from the date hereof, said period being the primary term of the lease, and as long thereafter as oil and gas is produced in paying quantities thereunder, subject to such conditions as are hereinafter set out, for the sole and only purpose of prospecting and drilling for, and producing oul and/or gas that may be found and produced from siad lands, to wit: The North half of Section 10, Block A, of Lubbock County, Texas. 2. CONTINUATION OF TERM: If at the expiration of the primary term oil or gas in paying quantities shall not have been produced from the premises, this lease shall terminate; provided, however, the term of life of this lease may be extended under one or more of the following conditions: (a) CESSATION, DRILLING AND REWORKING: In the event production of oil or gas on the leased premises, after once obtained, shall cease for any cause within sixty (60) days before the expiration of the primary term of this lease or at any time or times thereafter, this lease shall not terminate if the Lessee commences additional drilling or reworking operations within sixty (60) days after such cessation, and this lease shall remain in full force and effect so long as such operations continue in good faith and in workmanlike manner, without interruptions totaling more than sixty (60) days during any one such operation; and if such drilling or reworking operations result in the production of oil or gas, this lease shall remain in full force and effect so long as oil or gas if produced in paying quantities or payment of shut-in gas well royalties or compensatory royalties is made as hereinafter provide (b) SHUT-IN ROYALTIES AND COMPENDATORY ROYALTIES: If at the expriation of the primary term or at any time thereafter, there is located on the leased premises a well or wells capable of producing gas in paying 'quantities and such gas is not produced for lace of a suitable market and this lease is not being otherwise maintained in force and effect, the Lessee may pay as royalty Twelve Hundred Dollars ($1,200) per annum for each well on this lease capable of producing gas in paying quantities, such payment to be made to the City of Lubbock, c/o City Manager, P.O. Box 2000, Lubbock, Texas 79457, prior to the expiration of the primary term of the lease, or if the primary term has expired, within sixty (60) days after the Lessee ceases to produce gas from such well or wells; and if such payment is made, this lease shall be considered to be a producing lease and such shut-in gas well royalty payment shall extend the term of this lease for a period of one (1) year from the end of the primary term or from the first day of the month next succeeding the month in which production ceased; and thereafter if'no suitable market for such gas exists, the Lessee may extend this lease for two (2) additional and successive periods of one (1) year each by the payment .of a like sum of money each year on or before the expiration of the extended term. Provided, however, that if, while this lease is being maintained in force and effect by payment of such shutin gas well royalty, gas should be sold and delivered in paying quantities from a well situated within one thousand (1,000) feet of the leased premises and completed in the same producing reservoir or in any case where drainage is occurring, the right to further extend this lease by such shut-in gas well royalty payment shall cease, but this lease shall remain in force and effect for the remainder of the current one (1) year period for which the sut-in gas well royalty has been paid and for an additional period not t@ @mt@@d combined tgJal of three (3) years from the expiration of the primary term or from the first day of the month next qii(-(-PPdincy f-hp rnn-nf-li in Tdkinln no 1— ­—­ 71­ a 1-- T — — — — — — - 1278 MINEM same producing reservoir from which gas si being sold and delivered and which is situated within one thousand (1,000) feet of, or draining, the leased premises on which shut-in gas well is situated, such compensatory royalty to be paid monthly to the City of Lubbock, c/o City Manager, P.O. Bos 2000, Lubbock, Texas 79457, beginning on or before the 20th day of the month next succeeding the month in which such gas is sold and delivered from the well situated within one thousand(1,000) feet of, or draining, the leased premises and completed in the same producing reservoir; provided, further, that in the event such compensatory royalties paid in any twelve (12) month period are in a sum less than the annual shut-in gas well royalties provided for in this section, the Lessee shall pay an additional sum of money eual to the dirrerence within thirty (30) days from the end of such twelve (12) month period; provided, further, that nothing herein shall relieve the Lessee of the obligation of reasonable development. (c) EXTENSIONS: If, at the expiration of the primary term, production of oil and/or gas has not been obtained in paying being conducted thereon in good faith and in good workmanlike manner, the Lessee may, on or before the expiration of the primary term, file with the City of Lubbock, c/o City Manager, P.O. Box 2000, Lubbock, Texas 79457, written application for a thirty (30) day extension of this lease, such application to be accompanied by a payment of Seven and 50/100 Dollars ($7.50) per acre for each acre in the lease, and the City Mangager for the City of Lubbock, shall in writing extend this lease for a thirty (30) day period from and after the expiration of the primary term and so long thereafter as oil or gas is produced in paying quantities from the premises; provided, that the Lessee may, so long as such drilling operations are being conducted in good faith, make like application and paymen during any thirty (30) day extended period for an additional extension of thirty (30) days not to exceed a combined total of one hundred eighty (180) days; provided, however, Lessee may, so long as such drilling operations are being conducted in good faith, amke written application to the City Manager for the City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457, on or before the expiration of the initial extended period of one hundred eighty (180) days for an additional extension of one hundred eighty (180) days, such application to be accompanied by a payment of Fifty Dollars ($50.00) per acre for each acre in the lease, and the City Manager for the City of Lubbock , shall in writing, extend this lease for an additional one hundred eighty (180) day period from and after the expiration of the initial extended period of one hundred eighty (180) days, and so long thereafter as oil or gas is produced in paying quantities from the premises; provided, further, that this lease shall not be extended for more than a total of three hundred sixty (360) days from and after the expiration of the primary term unless production in paying quantities has been obtained 3. PRODUCTION ROYALTIES: Lessee agrees to pay or cause to be paid during the term hereof: (a) OIL: As a royalty on oil, which is defined as including all hydrocarbons procuced in a liquid form at the mouth of the well, save and except casinghead gas, and also all condensate, distillate, and other liquid hydrocarbons recovered from oil or gas run through a perarator or other quipment, as hereinafter provided, Twenty (20%) percent of the value of the gross production. Said value shall be based the highest posted price, plus premium, if any, offered or paid for oil, condensate, distillate, or other liquid hydrocarbons, respectively, or similar gravity and type in the general area, or the prevailing market price thereof in the general area, or the proceeds of the sale thereof, whichever is the greater. Lessee agrees that before any gas produced from the land hereby leased, containing liquid hydrocarbons recoverabli in commercial quantities by separator on the lease is sold, used or processed in a plant, it will be run through an adequate oil and gas separator of conventional type or other equipment at least as efficient to the end that all liquid hydrocarbons recoverable from the gas by such means will be recovered. Upon written consent of Lessor, the requirement that such gas be run through such a separator or other equipmen may be valved upon such terms and conditions as prescribed by Lessor. (b) GAS: As royalty on any and all gas, including casinghead gas and flared or vented gas, which is defined as all hydrocarbons and gaseous substances not defined as oil in subparagraph of the value of the gross production, such value t( be determined on the basis of the highest price paid for gas of a similar quality in the general area or the amount accuring to the producer from all hydorcarbons or other products produced from said gas, whichever is greater. Where gas is run through such separator or other equipment, as provided in subparagraph (a) above, its value, after having been run through such separator or other equipment, shall be determined as specified herein. (c) KEEP WHOLE: In the event any such gas is processed for the extraction of liquefiable hydrocarbons or other marketable substances, the value of the extracted products and the remaining residue gas attributable thereto shall for royalty payment purposes never be less than if such gas had not been processed. (d) RECYCLED GAS: Subject to the consent in writing of the City Manager for the City of Lubbock, Lessee may inject gas into any oil or gas producing formation underlying the leased premises after the liquid hydorcarbons contained in the gas have been removed, and no royalties shall be payable on the gas so injected until such time as the same may thereafter be produced and sold or used by Lessee in such manner to entitle Lessor to a royalty thereon under the royalty provisions of this lease. (e) CONSERVATION: Lessee agrees to use reasonable diligence to prevent the underground or above ground waste of oil or gas and to avoid the physical waste and flaring or venting of gas produced from the leased premises. Lessee shall pay a royal of Twenty (20%) percent of the market value on such oil or gas specified here (f) NO DEDUCTIONS: Royalties payable under this lease shall be made without deduction for the cost of producting, gathering, storing, separating, treating, I - - __ - - a — — — — — — — a 4__ -A _i-1­'4.n mnlrincr t'h'. nil anQ and nt'hpr Fj I 4. ANNUAL RENTALS: One (1) year from the date of this lease, and on of the following years during the life of this lease, the Lessee shall pay P.O. Box 2000, Lubbock, Texas 79457, and annual rental of $1.00) one Dollar each year in advance. 1279 AUG 2 6 1982 the same date of each to the City of Lubbock, per acre, payable 5. ROYALTY PAYMENTS AND REPORTS: All royalties shall be paid to the City of Lubbock, c/o City Manager, P.O. Box 2000, Lubbock, Texas 79457, as follows: Royalty on oil shall be due and payable on or before the 5th day of the second month succeeding the month of production and royalty on gas shall be due and payable on or before the 15th day of the second month succeeding the month of production, accompanied by the affidavit of the owner manager or other authorized agent completed in the form and manner prescribed by the City Council for the City ity of Lubbock and showing the gross amount and disposition of all oil and gas.produced and the market value of the oil and gas, together with a copy of all documents, records or reports confirming the gross production, disposition and market value including gas meter readings. pipeline receipts, gas line receipts and other checks or memoranda of amount produced and put into pipelines, tanks, or pools and.gas lines or gas storage, and any other reports or records which the City Council for the City of Lubbock may require to verify the gross production, disposition and market value. In all cases the authority of a manager or agent to act for the Lessee herein must be filed with the City Council of the City of Lubbock. Each royalty payment shall be accompanied by a check stub, schedule, summary or other remittance advice showing the amount of royalty being paid on each lease. Any royalty.not paid or affidavits and supporting documents not filed when due shall become delinquent and shall have added to the sum owing a delinquency penalty of fifteen percent (15%) of such sum for each sixty (60) day period of delinquency or a fractional period thereof: provided, however, that each such penalty shall never be less than Five Dollars ($5.00). The Lessee shall bear all responsibility for paying or causing royalties to be paid, as prescribed by the due date provided herein. Payment of the. delinquency penalty shall in no way operate to prohibit the State's right of forfeiture, as provided by law, nor act to postpone the date on which royalties were originally due. 6. CONTRACTS, RESERVES AND OTHER RECORDS.: Lessee shall furnish the City Council for the City of Lubbock with copies of all contracts under which gas is sold or processed and all subsequent agreements and amendments to such contracts within thirty (30) days after entering into or making such contracts, agreement or amendments. All gas contracts, agreements and amendment to such contracts shall be sent to the City of Lubbock, c/o City Manager, P.O. Box 2000 , Lubbock, Texas 79457. Such contracts, when received by the City of Lubbock shall be held in confidence by the City of lUbbock unless otherwise authorized by the Lessee. The books and accounts, receipts, and discharges of all wells, tanks, pools, meters, pipelines and all contracts and other recores pertaining to the production, transportation, sale, and marketing of the oil and gas produced on said premises shall be at all times subject to inspection and examination by the Commissioner of the General Land Office, the Attorney General, the Governor, any member of the City Council for the City,of Lubbock. Lessee shall, upon request, furnish the City Council for the City of Lubbock with its best possible estimate of oil and gas reserves underlying this lease or allocable to this lease. All such reserve information, when received, shall be held in confidence by the City Council for the City of Lubbock. 7. DEVELOPMENT: Notwithstanding any provision of this lease to the contrary, after a well producing, or capable of producing, oil or gas has been completed on the leased premises, Lessee shall exercise the diligence of a reasonably prudent operator in drilling such additional well or wells as may be reasonably necessary for the proper development of the leased premises and in marketingthe production thereform. 8. REMOVAL OF EQUIPMENT: If this lease shall be forfeited or terminated for any cause, the Lessee shall not, in any event, be permitted to remove the casing or any part of the equipment from any producing, dry, or abandoned well or wells without the written consent of the City Manager remove from the leased premises the casing or any other equipment,, material, machinery, appliances or property owned by the Lessee and used by the Lessee in the development and production of oil or gas therefrom, until all dry or abandoned wells have been plugged to the satisfaction of the Railroad Commission of Texas and until all slush or refuse pits have been properly filled and all broken or discarded lumber, machinery, or debris shall have been removed from the premises to the satisfaction of said City Manager. 9. (a) RAILROAD COMMISSION FORMS: Lessee shall file with the City of Lubbock, c/9 City Manager, P.O. Box 2000, Lubbock, Texas 79457, copies of all forms and other information filed with the Texas Railroad Commission which pertain to operations of this lease within five (5) days after said filing with the Commission. (b) LOGS: Lessee shall have an electric or radioactivity servey made of the bore -hole section, from the surface of the ground to the total depth of the well, of all wells drilled on the above -described premises and shall transmit a copy of each and every log of each required survey, along with copies of log of all other bore -hole surveys, to the City of Lubbock, c/o City Manager, P.O. Box 2000, Lubbock, Texas 79457, within fifteen (15) days after the making of said surveys. (c) FAILURE TO LOG: At the option of Lessor, upon failure or Lessee to have an electric or radioactivity survey made on the bore -hole secton from the surface of the groung do the total depth of the well., and upon failure to furnish Lessor with a copy of the required logs, Lessee shall be required to reenter any well and run the required surveys and furnish a copy of the logs to the City of Lubbock, c/o City Manager, P.O. Box 2000, Lubbock, Texas 79457, or the Lessee shall be required to pay the Lessor the sum of Fifteen Thousand Dollars ($15,000) which whall be considered liquidated damages for Lessee's failure to furnish said log to Lessor as required hereby. DRILLING RECORES: The Lessee herein agrees, insofar as possible, to supply said City Manager with any records, memoranda, accounts, reports, cuttings and cores, or other informatio relative to the operation of the above -described premises, that such Lessor may request, in addition to those herein expressly provided for. .10. OPTION TO SAVE CASING: Lessor reserves the right to require that all or any part of the casing shall be left in any non -productive well when Lessor deems it necessary to preserve or mnini- n in on4A ­11 -F-- —i— V-- .... - I- - - .... - - - - -3 -L __ I - - - - __ - - I - I - , . 1280 11. MAINTENANCE OF WELL SITE AND IDENTIFICATION MARKERS: Lessee shall build and maintain fences around its slush, sump, and drainage pits, pump jacks, Christmas trees, and tank batteries if requested by Lessor, and Lessee will take all necessary care and precaution to protect livestock against loss, damage, or injury; and upon completion or abandonment of any well or wells, Lessee shall fill and level off all slush pits and cellars and completely clean up drilling site of all rubbish thereon. Lessee shall bury its pipelines below plow depth. Lessee shall also erect, at a dista not to exceed twenty-five (25) feet from each well on the premises covered by this lea a legible sign on which shall be stated the name of operator, the lease designation and the well number. Where two or more wells on the same lease or where wells on two or more leases are connected to the same tank battery, whether by individual flow line connections direct to the tank or tanks or by use of a multiple header system, each line between each well and such tank or header shall be legibly identified at all times, either by a firmly attached tag or plate or an identification properly painted on such line at a distance not to exceed three (3) feet from such tank or header connection. Said signs, tags, plates or other identification markers shall be main- tained in a legible condition throughout the term of this lease. 12. LIEN: The City of Lubbock shall have a first lien upon all oil and gas produced upon the above premises, and upon all rigs, tanks, pipelines, telephone lines, and machinery and applicances owned by Lessee used in the production and heandling of oil and gas produced therefrom, to secure any amount due from the Lessee herein and to secure the performance of any of the provisions contained in this lease contract. 13. ASSIGNMENTS: The assignment of the rights acquired under this lease shall be governed by the provisions of existing law providing that any rights acquired may be assigned. In order for an assignment to be valid and effective, all assignments shall be filed in Lubbock County, and an original certified copy of the assignment must be filed with the City Council of the City of the City of Lubbock, c/o City Manager, P.O. Box 2000, Lubbock, Texas 79457 accompanied by ten cents ($.10) per acre for each acre assigned and a filing fee of Five Dollars ($5.00). 14. APPROVAL OF LEASE OPERATIONS: Lessor and Lessee agree that, as a part of the consideration for the granting of this lease, if the operator is a different entity than the original Lessee, Lessee shall, prior to the commencement of operations on this lease, submit to the City Manager of the City Manager of the City of Lubbock, for the written approval, the name of the entity that will be the operator of the leased premises. Any subsequent change in the operator of the leased premises shall a require that Lessee obtain written approval of the City Manager of the City of Lubbock 15. SUCCESSORS AND ASSIGNS: The covenants, conditions and agreements contained herein shall extend to and be binding upon the heirs, executors, administrators, successors or assigns of the Lessee herein. 16. WELL LOCATION: The location of all wells upon the property described herein shall be subject to the written approval of Lessor and the Federal Aviation Administration. 17. MARKING AND LIGHTING OF STRUCTURES AND EQUIPMENT: Allstructures and equipmeni (including all temporary structures ) used in the drilling operation and operation and producing if production is obtained shall be marked and lighted in such manner as prescribed by the Lessor. No temporary or permanent structures or equipment of any kind used in the development, production or transportation of oil or gas shall be placed on the herein described property in such a manner as to interfer with or introduce hazard to the operation of aircraft. In the event drilling operation for oil or gas result in production, Lessee at its own expense shall immediately remove all temporary structures and place all equipment in such manner as will as will not interfel with or introduce any hazard to the operation of aircraft. In the event such drilling operations result in a dry hole, Lessee shall at its own expense immediately remove all temporary structures used in such operations and level the area. 18. USE OF SURFACE: Lessee shall pay Lessor reasonable compensation and damages for Lessee's use of leased premises for pipelines, storage tanks, telephone lines and all other structures located thereon and for access roads thereto or to drilling locations. Access reoads will be built by Lessee as directed by Lessor as to location and direction of said roads. The incidental rights granted by this lease and the speci right, power and privilege to construct, maintain and remove roadways, tanks, pipelines electric lines, and telephone lines, machinery and structures are subject to the provisions of this contract and subject to the further right and power of Lessor to designate the.place where the items will be placed or constructed, and these rights, Powers and privileges of Lessor will be confined to the necessary and reasonable right, power and privlege to produce, store, transport, treat and remove all oil and gas produced or removed from the leased premises. No right, power nor privilege is granted which concerns or relates to land or oil and gas which are not described and covered by this lease. Lessee shall not interfere with the access roads to the airport and shall not interfere with any other person or agent having a lawful right to use said leased promises, or with any building or improvements of any kind thereon, belonging to any other person or agency, or with their right to enter thereon and remove said buildings or improvements thereon. Lessee shall pay for damages caused by its operation to all personal property, improvements, livestock and crops on said land. The property is subject to a Lease for farming purposes and all rights granted under the oil and gas lease shall be subject to the present tenant and payments by Lessee under the oil and gas and mineral lease shall not be diminished by reason of such prior lease. c Lessee will keep the premises in and near its roads, wells and structures at is present level, grade and condition and as clean and free of all weeds and noxious plants and debris and Lessee will fill all slush pits, depressions and ruts and ractn-rp all fpnrpq and. make such other repairs as are necessary from time to time "M I 19. COMPLIANCE WITH APPLICABLE LAW: The Lessee expressly a : grees to comply withall applicable local, state and federal laws, rules and regulations. Lessee expressly agrees to comply with 14 C.F.R. §77. Lessee shall also comply with the provisions of Chapter 19A of the Lubbock Code of Ordinances for the City of Lubbock. 20. USE OF WATER: Lessee may use.water produced on or from the leased premises to the extent necessary for reasonable drilling operations on the leased premises and for no other purpose, with the exception that Lessee has no right nor power nor privilege to use water in or produced from wells nor lakes nor pits nor other reservoirs now located on the leased premises or which may be constructed or placed thereon by or at the cost of Lessor or a tenant of Lessor. Lessee's right tothe use of water shall not extend to nor be constructed to authorize the use of such water for repressuring, pressure maintenance, cycling or secondary recovery operations. 21. INDEMNITY: Lessee agrees to pay Lessor a reasonable sum to compensate.Lessor for any and all damages caused in whole or in part, directly or indirectly, by operations under this le or by failure of Lessee to comply with its duties and obligations under this lease. Lessee agrees to indemnify Le ssor and to save it harmless from any and all calims and caus of action asserted by any third person for damages or injuries of any kind or character which arise or are by the third person said to arise out of Lessee's operations hereunder. 22. CAPTIONS: The captions of the several paragraphs of this lease are for reference purposes only and shall not affect the meaning or interpretation of this lease. IN TESTIMONY WHEREOF, this instrument is executed on this the August , A. D., 1982. CITY OF LUBBOCK LESSOR 26th BY:/S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: 1S,.1 Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Denzel Percifull Denzel Percifull, Director of Public Services APPROVED AS TO FORM: ISI Susan M. Horton Susan M. Horton, Assistant City Attorney ISI Mary M,. Rawsey Warlick Carr Bernard P. Evans Aubrey Jan Fouts Donald M. Hunt Frank E. Murchison III Robert L. Craig, Jr. Dennis Olson BillR. Wolfe Mitchell D. Hankins Stephen J. Stone ISI S. E. Cone Jr. LESSEE BY: CARR, EVANS, FOUTS & HUNT Attorneys At Law 9th Floor Lubbock National Bank Bldg. Lubbock, Texas 79401 806-765-7491 August 16, 1982 Post Office Box 2585 79408-2585 day of e City of Lubbock Purchasing Department P.O. Box 2000 Lubbock, TX 79457 AttRnfinn! Flnud N_ NpQllitt 1282 AUG 26 1982 The North half of Section 10, Block A, of Lubbock County, Texas Terms of proposal are as follows: 1. Bonus - $25.00 per acre (Total - $8,000.00) 2. Three year lease 3. Twenty percent royalty 4. Delay Rentals - $1.00 per acre I trust that these terms will meet with your approval, and should you have any question: concerning this matter, please do not hesitate to call. Yours truly, CARR, EVANS, FOUTS & HUNT S/ Billy R. Wolfe Billy R. Wolfe lh Enclosure Consider Bid #6957 for construction of cart paths (Meadowbrook Golf Course), and 82-41A-1282-1974 (56) authorize same. Resolution No. 1194 Low Bidder Bobby C. Beale Construction Co. Lubbock, Texas $24,750.00 JS:da RESOLUTION NO 1194 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 between the City of Lubbock and Bobby Beale Construction Company for the construction of cartpaths for Meadowbrook Golf Course pursuant to Bid No. 6957, which contract, attached herewith, 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 26th day of August ,1982. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Jim Weston Jim Weston, Director of Community Facilities APPROVED AS TO FORM: ISI Joan Sherwin Joan Sherwin, Assistant Attorney CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, Made and entered into this 26thday of August A.D. 1982, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Bill McAlister _ , Mayor, thereunto Authorized to do so, hereinafter referred to as OWNER, and 1283 Fi F!" of the City of Wolfforth , County of Lubbock and State of Texas, 79382 , hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if and) the Contractor hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: Construction of Cartpaths for Meadowbrook Golf Course. All labor and materials must be included. Bid #6957 In the amount of $1.65 per,square feet. and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own 'proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General ConditionofAgreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. I The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therin. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Texas in the year and day first above written. ATTEST: /S/ Evelyn Gaff Secretary APPROVED AS TO CONTENT: CITY OF LUBBOCK, TEXAS (Owner) BY: MAYOR Approved as to form .1S1 Joan Sherwin Assistant City Attorney /S/ Jim Weston BY: Jim Weston, Director of Community Facilities ATTEST: Secretary TITLE: COMPLETE ADDRESS: The Director of Purchasing Nesbitt indicated that all the referenced bids were low bids and met specifications. The motion-�,.was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to award the above referenced bids; and to pass Resolutions 1193 and 1194 as related to Bids #6923 and #6957, respectively.. Motion carried: 5 Yeas,,O Nays. 82-41A-1283-1975 Hold a final hearing on the proposed uses of General Revenue Sharing Funds, Entitlement Period XIV. *Pub's Affidavit. In accordance with the notice posted on August 20, 1982, the second and final hearing on on page 1284A proposed uses for General Revenue Sharing Funds, Entitlement Period XIV was held, said hearing being opened at 11:45 a.m. ,.There were no appearances. The City Manager did report that a request had been submitted after the first public hearing on August 12 by the residents of Frankford Avenue requesting that Frankford be paved from 66th Street to Spur 327 on the East side to complete the total project, at an estimated amount of $67,000. Other proposed uses resulting from the first public hearing on August 12, 1982 are: 1284 and Spur 327 40,000 (Note above request for additional paving) Paving at Municipal Garage 100,000 Management study (Fire, Parks & Rec., 100,000 Streets, and Water) Paper Shredder 6,000 Portable air compressor (Street Dept.) 11,000 Building completion at Municipal Garage 78,000 Container Maintenance (Sanitation) 100,000 Multi -channel logging system (Police Dept.) 16,000 Water rescue equipment (Fire Dept.) 16,000 Golf Course renovation 419,000 Fire Warning System (Warehouse, Elec Distr., and Data Processing) Stage lighting (Auditorium) 10,000 Building renovation (Data Processing) 150,000 Building renovation (miscellaneous) 1,200,000 Auditorium renovation - Phase 11 124,900 Coliseum renovation - restrooms and seating 100,000 University Avenue concrete joints repair 85,000 Renovation of Health Building 81,000 Sterilizer autoclave (Health Dept.) 12,013 Financial Audit 5,000 There being no discussion or opposition, the hearing was closed at 11:50 a.m. The Council recessed for lunch at 11:50 a.m. and continued discussion of Work Session items. 82-41A-1284-1976 Hold a public hearing on proposed budget for 1982-83 fiscal year. (23) In accordance with the notice posted on August 13, 1982, a public hearing was held at 1:22 p.m. on the proposed budget for 1982-83 in accordance with the law. Appearances: Jack Driskill, attorney on behalf of Lubbock Soccer Association Stan White (no address given) Jim Mangum, Lubbock Soccer Association Stan Swissler, Soccer Coach/Referee Larry Glassingame, Men's Soccer Team Mr. Driskill prefaced his request relating to the soccer fields of the Berl Huffman Athletic Complex to reflect that there are 4,000 youngsters on soccer teams utilizing these fields, 300 adult women and 300 adult men also on teams; that the Association conducted over 3,000 games last year, and he wished to apprise the Council of the condition of the Complex and the public demand; that the fields were uneven and not conducive to soccer playing, there being holes in the ground where ankles have been turned and broken; there has been very poor maintenance and, in many areas, there is no grass at all; that the sprinkler heads are above the ground surface which are hazardous, resulting in innumerable injuries; that there needs to be a windbreak planted on the west to break the velocity of the winds and it was the recommendation of the Association that $100,000 be allocated to Parks and Recreation to get the Complex into condition for tournament play. Mr. Mangum and Mr. Swissler also support these statements and cited independent instances of personalinjuriesoccurring on the field. Additionally, there is no telephone whereby an ambulance or any other type of assistance could be summoned, if needed. Mr. White asked for information regarding the data establishing the tax base, indicat that the way he put the figures together, there are some excess monies that have not been accounted for and he was asking for the rationale for the basis of the computati With the 100% valuation of the properties on which the tax rate is based, it has increased 22-23% , as well as the interest earnings from investments, and while the expenditures have increased somewhat, it is not to the extent of the increase of revenues and taxes from the increased valuations, and he was again asking for some clarification over the methods of calculation. City Manager Cunningham responded, but Mr. White did not totally concur or accept the explanation as presented. Mayor McAlister asked Dan Camp, Director of Parks & Recreation, to respond to the status report as presented by the Association regarding the Berl Huffman Complex. Mr. Kamp indicated that they had sprigged 30 acres and would try to complete 10 more acres within the week; that the entire complex was built on a caliche bed and that it is most difficult to get vegetation to grow on that type of soil; that it was too costly to bring in topsoil and that he concurred with the members present that there was an abundance of rocks and grass burrs which made the field painful to play on; they were correcting about eleven miles of underground irrigation system that had been faulty and it will just require a lot of hard work and patience on the part of the teams to get this thing turned around. The members in the Chamber asked whether or not the City would object to members of the team assembling to pick up rock on Saturday, the 28th, to which they were granted permission and, in turn, the Mayor and Council Members were invited to participate. (Note: Mayor McAlister and Councilwoman Baker did in fact help pick up rock on the 28th.) Additionally, the members present in the Chambers queried whether or not there was 4-- +-1­ a — — - n»ri ni— +­­ --P ^-F trooc 1-n �nr -in 1284A AUG 2 6 IV PUBLISHER'S AFFIDAVIT FOR GENERAL REVENUE SHARING FUND ENTITLEMENT PERIOD XIV THE STATE OF TEXAS COUNTY OF LUBBOC Before me Bonnie cKee a Nc personally appeared Twi I a Auf I I I+ Aee pers Corporation, publishers of the Lubbock A, being by me duly sworn did depose and say that than fifty-two weeks prior to the first insertion No. none ed copy of the Pub i ie Hearing is < Avalanche -.Journal on the followingtt��s: A M4 Retail Section. 7 I 1 Account Manager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 2nd BONNIE WKEE, NOTARY P IN AND f*OR THE STATE OF FORM 58-10 MY COMMISSION EXPIRES I Item No. (22) located on page 1283 Ij i 71 E Fil FJ1 F� reflected that this might be a good effort, although in that type of soil, the chances for survival are slim. Following all discussion and testimony, the hearing was closed at 2:17 p.m. 32-41A-1285-1977 Consider an ordinance adopting the proposed budget for 1982-83 fiscal year. (24) Ordinance No. 8363 The proposed budget for 1982-83 shows an increase of expenditures of 7.3% increase over 1981-82. Due to the increased appraised valuations, the tax rate is recommended at 594 per $100 valuation. That these computations include the recommended increases in the sanitation and sewer charge as stated above. There was considerable discussion as to the provision regarding the library system and the County Commissioners' failure to comply with their agreed 40% for the library budget pursuant to their contract. The Commissioners have indicated their decision not fund their total portion of the library budget. The discussion from the Council reflected that there needs to be a meeting with the County Commissioners to secure in writing, if possible, just exactly what their intent is regarding their future participation, and that whatever cuts need to be made in library services, it should be made on library services outside the city limits. The motion was made Councilwoman Baker to accept the budget as presented; to direct the staff to recommend necessary cuts in the library budget that will not affect the citizens of Lubbock, who should not be penalized for the failure of the County to assume their full 40% portion of the library budget; to secure from the Commissioners a statement in writing as to their intent regarding the furture of their participation in the library system; that she was very concerned about providing adquate libary services to the citizens of Lubbock, and there is need to build more branch libraries, but the citizens of Lubbock are presently picking up their proportionate share Plus, and the citizens of Lubbock should not be penalized for the County's failure to assume their responsibilities in this matter; additionally, the staff of Parks and Recreation is directed to be very diligent about resolving all of the problems associated with the Berl Huffman Complex; futhermore, to accept the Revenue Sharing proposed budget as presented, to include the request to extend the paving of Frankford Avenue from 66th Street to Spur 327, and that the specifications reflect this additional protion be submitted as an alternate bid. Motion seconded by Councilman Aderton. Motion carried: 5 Yeas, 0 Nays. ORDINANCE NO. 8363 AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR FISCAL YEAR 198283; APPROVING PROPOSED BUDGET FIGURES FOR THE FISCAL YEAR 1983-82 PROVIDING FOR NECESSARY TRANSFERS OF FUNDS BETWEEN ACCOUNTS AND DEPARTMENTS, IF REQUIRED; AND APPROPRIATING FUNDS FOR THE 1982-83 FISCAL YEAR BUDGET OF THE CITY OF LUBBOCK. 2-41A-1285-1978 Consider an ordinance setting the tax rate for 1982-83. (25) Ordinance No. 8364 The motion was made by Councilwoman Baker to pass Ordinance 8364 on first reading establishing the tax rate for 1982-83 at 594 per $100 valuation. The motion was seconded by Councilman Aderton. Motion carried: 5 Yeas, 0 Nays. ORDINANCE NO.8364 AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX UPON ALL PROPERTY SUBJECT TO TAXATION WITHIN THE CITY OF LUBBOCK, TEXAS, FOR THE YEAR 1982; APPORTIONING SAID LEVY AMONG THE VARIOUS FUNDS AND ITEMS FOR WHICH REVENUE MUST BE RAISED; FIXING THE TIME IN WHICH SAID TAXES BE PAID AND ASSESSING PENALTY AND INTEREST FOR NONPAYMENT OF SUCH TAXES WITHIN THE TIME PROVIDED. 82-41A-1285-1979 Consider five appointments to the Lubbock ATHLETIC COMMITTEE, a subcommittee of the Parks (57) and Recreation Board. The categories and designated terms of office are: Representative of Parks & Rec. Board (5 year term) Representative of Texas Tech (4 year term) Member at Large (3 year term) Representative of LCC (2 year term) Representative of LISC (1 year term) Representative of Parks & Rec. Board (5 year term) Phil Hoel 3263 - 62nd (13) 792-1942 Representative of Texas Tech (4 year term) John W. Cobb, Jr. 2111 - 62nd (12) 745-5120 Athletic Dept. 742-3355 Member at Large (3 year term) Rick Wolfe 5427 - 8th Pl. (16) 792-4761 (Rep. of Soccer Association) D-..-44 Tt'(' () ­­ 1286 RUC' 2 6 Agar 82-41A-1286-1980 (58) 82-41A-1286-1981 (59) Representative of LISC (1 year term) Pete Ragus 3020 - 67th (13) 795-8424 1628 - 19th (01) 747-2641 Consider two appointments to the LUBBOCK INDUSTRIAL DEVELOPMENT CORPORATION Board of Trustees. The terms of Marion Sanford and B. C. McMinn have expired. Reappointed: B. C. McMinn 3028 - 55th (13) 799-4258 Marion Sanford 3322 - 23rd 795-3203 6303 - Indiana (13) 792-5564 Terms: 8/26/82 - 7/24/88 Consider one appointment to the COMMUNITY DEVELOPMENT ADVISORY COMMITTEE. The term of Larry Gardner, representing the Handicapped Association, has expired. Reappointed: Handicapped Association Larry Gardner 5535 - 2nd (16) 792-9674 Term: 8/26/82 - 5/31/84 The motion was made by Councilwoman Baker, seconded by Councilman Aderton to approve the above appointments as stated. Motion carried: 5 Yeas, 0 Nays. There being no further business, the motion was made by Councilwoman Baker, seconded by Councilman Brown to adjourn at 3:10 P.M. Motion r-arrie-d- 5 Yeas, 0 Nays. f BILL -Mc L-IStER, MAYOR ATTEST: EVELYN GAFFGA,'City SEcrefa-Treasurer READ AND APPROVED THIS 9th DAY OF September �182 BiC,VtrcALISTER, MAYOR ATTEST: EVELY�NGAF�FtA, City Se re Q-T�reasu�rer SEAL f