HomeMy WebLinkAboutMinutes - City Council - Regular - 11/11/19821417
7
CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
NOVEMBER 11, 1982
At 8:30 a.m. the Mayor announced that an Executive Session would be held regarding
pending litigation. This announcement is in accordance with Article 2, Section
6265-17, V.A.T.S.
The City Council of Lubbock, Texas met for its regular meeting Thursday, November
11, 1982, at 9:30 a.m. in the City Council Chambers, Second Floor, City Hall.
Those present:
Mayor Bill McAlister, Mayor Pro Tem 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-1417-2165 The invocation was given by Deputy City Manager Jim Blagg.
( 1 )
82-41A-1417-2166 The Pledge of Allegiance to the Flag was given in unison by those present in the
( 2 ) Council Chambers.
82-41A-1417-2167 Approval of Minutes - Regular meeting, October 14, 1282.
( 3 ) Regular meeting, October 21, 1982.
The motion was made by Councilman Aderton, seconded by Councilman Brown to approve
the minutes as submitted. Motion carried: 5 Yeas, 0 Nays.
Proclamations
82-41A-1417-2168 "Texas Nurses Week In Lubbock" - November 7-13, 1982
4
Receiving: Susan Newfield
Ronda Schwertner
Marilyn Dixon
Billie Becknal
Sellie Shine
82-41A-1417-2169 "Holiday Happening Week" - November 14-20, 1982.
5
Receiving: Marcie Johnston, Chairman
Marsha Weiss, Assistant Chairman
82-41A-1417-2170 "Travel Week" - November 14-21, 1982
( 6 ) Receiving: Representatives from Travel Agencies in Lubbock
82-41A-1417-2171 STATEMENT OF HOPE
(7 Receiving: Les Eubank, President of Lubbock American Cancer
Society
82-41A-1417-2172 Lee Stafford, Chairman of Electric Utility Board, will appear to recommend late
( 8 ) payment charge and deposits for electric customers.
Mr. Stafford gave a brief overview of the progress in the last 12 months as to the
usage of the Electric Bond Funds that were approved in November of 1981, $3 million
of which was used to upgrade transmission lines and improve services to subdivision
areas; that the interconnect was in operation 60-90 days earlier than anticipated;
that the employees of all phases of electric utilities are proud of their departments
and of the City and morale is high; that the goal of the electric utility division
is to set 51% of all new meters within the city, it being the desire of the division
and the Electric Utility Board to be the largest utility company in this area.
Mr. Stafford, on behalf of the Electric Utility Board, wished to make two recommendations:
(1) That a 5% late charge be added to all bills which become delinquent (residential
and commercial accounts), said action requiring a Statement of Intent to implement
this policy in accordance with guidelines of Southwestern Public Services as stipulated
by PUC. Mr. Stafford indicated that a survey had been conducted in other municipalities
with home -owned utilities and this policy had been enacted there in the majority of
the municipalities; that SPS is not permitted to implement a late charge within the
corporate city limits but do have in effect a late charge policy in those areas
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82-41A-1418-2173
( 9 )
82-41A-1418-2174
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Following this discussion, the motion was made by Councilwoman Baker, seconded by
Mayor Pro Tem Henry to institute a late charge payment on all delinquent residential
and commercial accounts. Motion carried: 5 Yeas, 0 Nays.
The second recommendation Mr. Stafford presented was to require a deposit of $50 for
electric service at the time the account is opened for residential customers, and
1/6 of an estimated annual billing for commercial customers. He further elaborated
on the exceptions being if a new customer, either residential or commercial, could
present a letter of credit, or a guarantor in the instance of a college student, the
required deposit would be waived; that the Board felt a large percentage of their
charge -offs related to transitory customers and the required deposit would curtail
those customers who relocate and walk off leaving unpaid bills. Mr. Jake Webb, of
SPS, was in the Council Chambers and indicated it would be beneficial to his company
to be allowed to do likewise. The policy would further be expanded that a refund
would be forthcoming at the end of 12 months, and the deposit would be bearing 6%
interest during this interim period. The discussion also reflected that any customer
who had established credit or been a previous customer, would not be required
to make the deposit. This recommendation is in accordance with the PUC guidelines.
The discussion from the Council reflected some concern about this requirement but
Councilman Brown felt that it would be important to approve this recommendation in
order to curtail the number of charge -offs that the electric utilities are currently
reporting, it being the staff's opinion that 35% of these results from transitory
customers.
Councilman Brown, therefore, moved that the recommendation be accepted and that the
deposit charge of $50 be instituted subject to approved credit, letter of credit, or
guarantor , the requirements thus being waived. The motion was seconded by Councilman
Aderton. Motion carried: 3 Yeas, 2 Nays by Councilwoman Baker, and Mayor Pro Tem
Henry.
Consider request of Mr. Bob Johnson for special handling of garbage service to Lots
140-A, 140-B, 150-A, and 150-B, Whisperwood Addition.
Mr. Johnson, on behalf of the Whisperwood Development Corporation appeared to request
that the owners of Lots 140-A, 140-B, 150-A and 150-B, be allowed to receive special
garbage services, the dumpsters to be located at a location on the periphery of the
development (streetside) thus eliminating the alley pick-up concept that is now in
effect. The developers were wanting to install a decorative fence at the easement
portion of Whisperwood Boulevard and this would eliminate the alleys being placed on
this easement portion which is presently the policy.
At the 8:30 Work Session, the Council expressed great concern about the length of
distance that the property owner would have to walk to the dumpster as depicted on
the map presented to them, which in turn could create some public relation problems
with the City although supposedly the Home Owner Association would try to eliminate
any of these situations developing. However, at the Regular Session, Mr. Johnson
allayed their fears with the fact that each lot would have a rear gate entrance/exit
as a portion of the decorative fence and that certainly would curtail the feared
excessive distance for the respective property owners. It was also mentioned to him,
and he concurred that the proposed buyer should be made well aware of the location
of the dumpster and the exception to the policy which precludes back gate pick-up.
Following the discussion, the motion was made by Councilwoman Baker, seconded by
Councilman Brown to grant the request of Whisperwood for special garbage services
for the above referenced lots. Motion carried: 5 Yeas, 0 Nays.
Joe McKay will appear to make recommendations regarding Auditorium renovation project
(Bid #7050), and authorize same.
Resolution No. 1245
Mr. Joe McKay, project architect, appeared before the Council to apprise them of the
bid received for the renovation of Municipal Auditorium, which the Council previously
approved, to include wall covering for the side walls and balcony face, back walls,
sound board, plaster and repair, painting of walls of archways, foyer renovations to
include painting and vinyl in stairwells as well as painting of second floor foyer
and restrooms, meeting room acoustical ceiling, electrical work, graphics, and so
forth. The remodeling of the concession area which was submitted as an alternate
bid, will be funded by the Civic Lubbock, Inc.. The carpeting was not included in
the referenced bid.
1,
Mr. McKay showed the samples of the wall covering that was proposed and indicated
that the Jack Givens General Contractors, Inc.. submitted the low bid with the base
bid being at $169,963.00 and an alternate bid of $30,400, which, if deducted, would
keep the project within the approved funding. Invitations were sent to eight general
contractors to submit bids, of which five were received, and Mr. Givens' company was
the low bid.
Following responses to Council query, the motion was made by Councilwoman Baker,
seconded by Mayor Pro Tem Henry to approve the base bid as reflected in #7050 in the
amount of $169,963.00, less alternate #2, and to pass Resolution No. 1245 awarding
the contract to the Jack Givens General Contractors, Inc. Motion carried: 5 Yeas, 0
1419
JMS:js
RESOLUTION NO. 1245
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 remodeling and
renovation of the Municipal Auditorium between the City of Lubbock and Jack Givens
General Contractors, Inc., 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 llth day of November
/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 M. Sherwin
Joan M. Sherwin, Assistant City Attorney
NOTICE OF ACCEPTANCE
TO: Jack Givens Construction Co. Inc.
(Name of Bidder)
5008 92nd Street
(Address of Bidder)
Lubbock, Texas 79424 -
(City and State of Bidder
1982.
The City of Lubbock, having considered the proposals submitted and opened
on the 4th day of November, 1982, for work to be done and materials to be furnished
in and for:
1982 Municipal Auditorium Remodel & Renovations
as set forth in detail in the Specifications, Plans, and Contract Documents for such
work for the City of Lubbock; it appearing that your proposal is fair, equitable and
to the best interest of said City, please take notice that said proposal was accepted
by the City Council of the City of Lubbock on the llth day of November ., 19 82 , at the
bid price contained therein, subject to the execution of and furnishing of all contract
documents, bonds, certificates of insurance, and all other documents specified and
required to be executed and furnished under the contract documents. It will be necessary
for you to execute and furnish to the City of Lubbock all such documents within ten (10)
days from your receipt of this Notice.
The five (5%) per cent bid security, submitted with your proposal, will be returned
upon the execution of such contract documents and bonds within the above specified ten
(10) day period. In the event you should fail to execute and furnish such contract docu
and bonds within the time limit specified, said bid security will be retained by the
City of Lubbock.
CITY OF LUBBOCK
/S/ Joe D. McKay
Owner's Representative
its
Joe D. McKay, A.I.A.
1420
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this llth day of November
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
Jack Givens General Contractors, Inc.
5008 92nd Street
of the City of Lubbock _, County of Lubbock
and State of Texas , 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 any) the CON-
TRACTOR hereby agrees with OWNER to commence and complete the construction of
certain improvements described as follows:
1982 Municipal Auditorium, Remodel and Renovation, as per City of Lubbock
Bid No. 7050; Base bid a $169, 963.00 and Alternate No. 2 (deduct $30,400.00)
for contract amount of $139,563.00.
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 int he
General Condition of Agreement.
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.
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 duductions, as provided in the contract documents and to make
payment on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Texas in the year and day first above written.
CITY OF LUBBOCK, TEXAS
_/S/ Bill McAlister
MAYOR, Bill McAlsiter
ATTEST:
/S/ Evelyn Gaffga
City Secretary -Treasurer
APPROVED AS TO CONTENT:
ISI Jim Weston
APPROVED AS TO FORM:
/S/ Joan Sherwin
Joan Sherwin, Assistant City Attorney CONTRACTOR
BY: ISI Jack Givens
TITLE: President
ATTEST:
S/Linda Givens
Secretary
COMPLETE ADDRESS:
MR -99nd Street
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1422
NOV 11 198Z
82-41A-1422-2175 Hold a public hearing on the application of Texland Petroleum, Inc. for an oil and
( 12 ) gas drilling permit, located east of University Avenue and south of Kent, designated
as Griffis -Westinghouse #1 well site.
In accordance with notice published October 27, 1982 in the Lubbock Avalanche Journal,
a public hearing was held on the above matter.
Proponent: Dub Bratcher, Attorney for Texland Petroleum, Inc.
The proponent filed the required application in the appropriate manner, which reflects
t.iait t.ic w�li aiiu storage site is to ue located east of University Avenue (660') and
south of Kent street (330'); the production unit is unitized, containing 40 acres;
the proponent requests to use earth and sludge pits and requests that the landscape
requirement be waived; that the storage tack is adjacent to the well site and the
disposal of the residue is located near Gail, Texas.
At the public 'nearing, the proponent indicated that they would like to relocate the
well site to 330' from the North line of the production unit and 330' from the West
line; that the site is across the road from Texas Instruments and the storage tank
would be situated in the upper right corner of the tract.
The staff apprised the Council that the short-term impacts for such drilling were
the same as in all drilling situations, but the tract was primarily agricultural use
and zoned for industrial purposes. The long-term impacts were minimal, the proposed
well site being situated a considerable distance from the nearest residential development
and with the area zoned for industrial development, there should be no problems with
infringement on neighborhood or residential areas. The staff also indicated the
request to relocate the well site should present no problems.
There being no discussion and no opposition, the hearing was closed.
Tw%
-:J>J STATE OF TF.xAs
COUNTY OF LUBBOCK
Bonnie McKee
Before me
a Notary Public in and for Lubbock
personally appeared TwiIa AufiI 1 f
ay
Account Manager ofa-
pers Corporation, publishers of the Lubbock
Avalanche -.Journal — Morning. F iy 4 a,
ho
being by me duly sworn did depose and say
�i'�YrmkYQi "
that said newspaper has been publrsf
aue, pY
than fifty-two weeks prior to the first insertion of this legal Notice 12,�q ee sou„� r r
word-$38.10 No.
Notice t i C e
608123 at Lubbock County Te. .,:
'and
nt-
ed copy of the
is a true copy of the original w,e�ced�paiat
Avalanche -Journal on the following dates:
October 277 1982.
K 6110�
Account Manager
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this _23_tb day of n r t n b r
- � 'dkY ylI li
t
FARM 58-10
. L,, *At)
144
u2-41A-1422-2176 Consider granting Oil and Gas drilling Permit to Texland Petroleum, Inc., for well
( 13 ) site designated as Griffis -Westinghouse #1.
The motion was made by mayor Pro Tem Henry, seconded by Councilman Brown to approve
the requested oil and gas drilling permit for well site designated Griffis -Westinghouse
#1 subject to the staff's recommendation of the following permit conditions:
(1) That no hydrocarbon lubricant (waste oil) shall be
be used to free up the hole during drilling until
the surface is set for a minimum depth of 500'.
(2) That the permittee shall meet all other conditions
of section 19-A of the Lubbock Code specified therein
as indicated on the application of Texland Petroleum
for Griffis -Westinghouse ail; that the relocation
of the well site and storage tank be approved as
requested by proponent.
Motion carried: 5 Yeas, 0 Nays.
A/,",_�
OIL AND GAS nVTT.T.TNG PERMIT
THE STATE OF TEXAS § KNOWN ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
The City Council of the City of Lubbock, Texas, hereby approves and grants permission to
Texland Petroleum, Inc. for the drilling of an oil and gas well known as the Griffis-Westinghou-1
No. 1 to be located on the site and in the production unit indicated on the amended application
attached hereto and made a part hereof by reference for all purposes.
Texland Petroleum, Inc. hereinafter referred to as PERMITTEE, hereby agrees that each
provision of Chapter 19A of the Code of Ordinances of the City of Lubbock will be complied with
and that this permit is issued contingent upon such compliance. Chapter 19A of the Code of
Ordinances of the City of Lubbock is by reference incorporated herein for all purposes and shal
have the same force and effect as if copied verbatim herein.
This permit is granted for a period of one hundred and eighty (180) days from date of
issuance and as long thereafter as the permittee is engaged in drilling operations with no
cessations of such operations for more than ninety (90) days, or oil or gas is produced in
If at any time after discovery of oil or gas the
commercial quantities from the well drilled.
production thereof in commercial quantities shall cease, the permit shall not expire if the per-
tions within on hundred and eighty (130) days there-
mittee commences additional reworking operat
ions
after, and if they result in the production of oil or gas, so long thereafter as oil or gas is
produced in commercial quantities from such well.
This permit is granted subject to the following conditions:
1. No hydrocarbon lubricant (waste oil) shall be used to free -up the hole during drilling',
until surface casing is set for a minimum depth of 500 feet.
2. The permittee shall meet all other conditions of Section 19A and those specifications j
for Griffis -Westinghouse No.l.
application for Texland Petroleum
indicated within the am
The use of earthen slush pits as opposed to steel pits is hereby authorized as requested
by Texland Petroleum, Inc., said earthen pits to be constructed in accordance with the requiremej
as outlined in Section 19A-13 of the Code of Ordinances fo the City of Lubbock, Texas.
The well drilled pursuant to this permit shall not exceed a depth of 5,350 feet.
The bond and insurance as required by Chapter 19A of the Code of Ordinances of the City of
Lubbock has been heretofore submitted by the PERMITTEE, and are hereby approved.
PERMITTEE agrees to save harmless the City of Lubbock from and against all claims, suits,
damages or losses in any manner arising out of or connected with the drilling and/or operation
of this oil and gas well.
GRANTED this29_th_day ofaQyemb�-., 1982.
ATTES:
APPROVED AS TO CONTENT:
IS/ Jim Bertram
.Tim Bertram, Assistant City Manager
CITY OF LUBBOCK
Larry Cunningham, City Manager
TEXLAND PETROLEUM, INC.
APPROVED AS TO FORM:
/s/ Susan M. HortonSusan M. Horton, Assistant City Attorney
its
1424
82-41A-1424-2177
( 11 )
Ordinance No. 8376
An ordinance changing traffic flow on Main Street between University and Avenue X
fromone
��ay to two way traffic flow.
The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass
Ordinance No. 8376 on second and final reading. Motion carried: 5 Yeas, 0 Nays.
SMH/mck
ORDINANCE NO. 8376
AN ORDINANCE CHANGING THE TRAFFIC MOVEMENT FLOW ON MAIN STREET BETWEEN UNIVERSITY
AVENUE AND AVENUE X FROM A ONE WAY EASTBOUND TRAFFIC MOVEMENT TO A TWO WAY TRAFFIC
MOVEMENT; EASTBOUND ONE WAY TRAFFIC FLOW TO REMAIN ON MAIN STREET FROM AVENUE X TO
AVENUE F; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; PROVIDING
A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
82-41A-1424-2178 Consider the request of Cone oil Co.
18 site — Tjo�-000. for bond reduction on Ralph Robison #1 well
s from $25.000 to
Cone Oil Co. has completed the work on the Ralph Robison #1 well and requests the
bond be reduced to $10,000 in accordance with the oil and gas drilling ordinance.
The motion was made by Councilman Aderton, seconded by Councilwoman Baker to grant
the request of Cone Oil Co. to reduce the bond on well site Ralph Robison #1.
Motion carried: 5 Yeas, 0 Nays.
82-41A-1424-2179 Consider a resolution creating
— n8 an Overton North Study Committee and providing for a
19scope of services.
Resolution No. 1246
At the Council Work Session on October 21, 1982, the staff was directed to formalize
a resolution creating an Overton North Study Committee for the possibilities of
revitalizing the area and therein develop a scope of services for consideration as
well as establishing the criteria and composition of the committee itself.
The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to pass
Resolution No. 1246. Motion carried: 5 Yeas, 0 Nays.
(SEE Agenda Item #53 for appointments)
SMH/mck
RESOLUTION NO. 1246
A RESOLUTION CREATING AN OVERTON NORTH STUDY COMMITTEE.
WHEREAS, the Overton Addition was the first residential subdivision to the city
of Lubbock; and
WHEREAS, the Overton North Area, bounded by Broadway, University Avenue, 4th
Street and Avenue Q, continues to be a vital asset to the City of Lubbock; and
WHEREAS, the passage of time, market trends and land use changes have created
severe pressure on Overton North; and
WHEREAS, there is an urgent need to analyze the problems and potential nF
Overton North —A - —i—
1425
_J
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT an Overton North Study Committee be created to conduct an analysis of
Overton North and make recommendations for the future; and
THAT the Committee should include, but not be limited to, the following:
1) A representative of homeowners within Overton North,
2) A representative of businessmen within Overton North,
3) A representative of apartment owners within Overton North,
4) A representative of the Overton South Neighborhood Association,
5) A representative of Texas Tech University,
6) A representative of downtown businessmen,,
7) A representative of local lending institutions,
8) The Chairman of the Zoning Board of Adjustment, (ex-officio)
9) The Chairman of the Planning and Zoning Commission, (ex-officio); and,
THAT the City Planning Department shall coordinate the study proceedings according
to the attached study scope.
Passed by the City Council this llth day of November 1982.
ISI Bill McAlister — BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Jim Bertram
Jim Bertram, Asst. City Manager for Development Services
/S/ Susan M. Horton
Susan M. Horton, Assistant City Attorney
OVERTON NORTH STUDY - SCOPE OF SERVICES
A. History of Area and Growth Trends
1. History of development of subdivision
2. Growth trends available from existing records
a. Building Inspection recores
b. Previous Land Use Map series
B. Land Use and Street System Analysis
1. Existing land use
2. Historical land use trends
3. External land use influences
4. Traffic patterns
C. Zoning Trends
1. Historical zoning
2. Interim zone changes
3. Existing zoning
4. Code enforcement
5. "A" Policy Zone by Planning and Zoning Commission
D. Population Analysis and Trends
E. Owner occupacy versus renter occupancy
F. Housing Characteristics and Building Conditions
1. Historical
2. Existing
1426
NOV i 11982
82-41A-1426-2180
( 20 )
G. Profiles of Crime
H. Summary Analysis of Overton North
I. Citizen Input/Neighborhood Hearings
J. Alternatives for Action
K. Conclusions and Recommendations
Consider a resolution authorizing the Mayor to execute a dedication deed in favor of
Resthaven of Lubbock, Inc. -
Resolution No. 1247
The Resthaven Cemetery officials are in the process of constructing a maintenance
building at the cemetery which requires that a plat be filed with the building
permit and in accordance with the subdivision ordinance, all lien holders of record
must enter into the dedicatory instruments before the plat can be filed of record.
The City is the lien holder, by virtue of previous long-standing agreement allowing
Resthaven to pay a previous paving assessment on Frankford Avenue.
The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass
Resolution No. 1247 authorizing the dedication deed in favor of Resthaven of Lubbock,
Inc. Motion carried: 5 Yeas, 0 Nays.
SMH/mck
RESOLUTION NO. 1247
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A DEDICATION DEED JOINING AS A
LIENHOLDER IN PROPERTY DEDICATED FOR CEMETERY PURPOSES EXECUTED BY RESTHAVEN OF
LUBBOCK, INC.
WHEREAS, Resthaven of Lubbock, Inc. desires to dedicate and plat certain property
owned by them; and
WHEREAS, the City of Lubbock is a lienholder on said property by virtue of a
paving improvement on Frankford Avenue; and
WHEREAS, Resthaven of Lubbock, Inc. has agreed that the joinder of the City of
Lubbock in the dedication deed shall not prejudice in any manner the lien on said
property; 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 dedication deed joining as a
lienholder in property dedicated for cemetery purposes executed by Resthaven of
Lubbock, Inc., attached herewith which shall be spread upon the minutes of the City
Council and as spread upon said minutes shall constitute and be a part of this
Resolution as if fully copied herein in detail.
Passed by the City Council this llth day of November 1982.
ISI Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
ISI Evelyn GaffFa
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Jim Bertram
Jim Bertram, Asst. City Manager for Development 'Services
APPROVED AS TO FORM:
ISI Susan M. Horton
Susan M. Horton, Assistant City Attorney
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
DEDICATION DEED
KNOW ALL MEN BY THESE PRESENTS:
Pursuant to Article 912--10, ' Vernon's Annotated Statutes, RESTHAVEN OF LUBBOCK, INC.,
of Lubbock, Texas, a corporation organized and existing under and by virtue of the laws of
State of Texas, acting herein by and through its President thereunto duly authorized, has
dedicated and does hereby dedicate to cemetery pruposes the following described tract or
parcel of land known and described as follows:
Q-4 Or, -.0 - . I - I
142-,
SW corner of Section Four (4), Block E-2, Lubbock County, Texas, bears South 2000.0
feet and West 26.0 feet;
THENCE, East, 709.25 feet to a 3/8" iron rod set as the Northwest corner of this tract
and the point of beginning;
THENCE, East, 255.7 feet to a 3/8" iron rod set as the Northeast corner of this tract
and in the West line of an alley of Tracy Heights Addition;
THENCE, South 267.0 feet along the alley line to a 3/8" iron rod set as the Southeast
corner of this tract and the Northeast corner of Section "W";
THENCE, West, 255.7 feet along the North line of Section "W" to a 3/8" iron rod set in
the East line of Section "T" and the Northwest corner of section 'W";
THENCE, North, 267.0 feet to the POINT OF BEGINNING of this tract, and containing 1.57
acres, more or less.
RESTHAVEN OF LUBBOCK, INC. hereby plats the above described property as shown in accordan(
with the attached map, prepared by John N. Wilson, a licensed surveyor for the State of Texas,
on the__22_day of_QCtnb_p, 1982, and approved by the Planning Commission of the City of
Lubbock on the 7th day of October, 1982, and desiring to have the said property platted and
duly filed for record as required by law all as shown on the attached map;
NOW, THEREFORE, for and in consideration of the special benefits to the cemetery (of whicb I
the above described property is a part), presently known as Resthaven Memorial Park, RESTHAVEN
OF LUBBOCK, INC. does hereby dedicate the above described property, as shown on such map, for
the use of such cemetery forever for use as a maintenance facility tract, and do impress
the name of Section CC of Resthaven Memorial Park, an addition to the City of Lubbock, Lubbock!
County, Texas, upon such property for the correct reference and description thereto as
indicated on the attached map, and do hereby adopt the name hereinabove stated and impress the
same upon such land, incorporating such map as a part of this dedication.
Resthaven of Lubbock, Inc., the fee simple owner of the above described tract, is joined
herein by all existing lienholders thereon.
IN TESTIMONY WHEREOF, Resthaven of Lubbock, Inc. has caused these presents to be executed
by its President on this the _20Lh_day of _or_tabLer__, A.D., 1982.
RESTHAVEN OF LUBBOCK, INC.
By /S/ Roy L. Ward
Roy L. Ward, President
ATTEST:
/S/ Jo Anne M. Smith
Jo Anne M. Smith, Secretary
/S/ Lillian Ruth Brown
LILLIAN RUTH BROWN, Individually
and as Independent Executrix and
Trustee under the Will and
Estate of R. P. Brown, Deceased
.1131 Ft -he
EHTELYN CAMPBELL, Individually
and as Independent Executrix
and Trustee under the Will and
Estate of Crayton 0.
Campbell, Deceased
FIRST FEDERAL SAVINGS
AND LOAN ASSOCIATION
Lubbock, TExas
By: PnrJ_q_n_ Burnham
.-
Vice -President
CITY OF LUBBOCK
By: JS4 - gill MeAl-ist-P.-c
Bill McAlister, Mayor
ATTEST:
FvP1yn Gaffgn
Evelyn Gaffga, City
Secretary -Treasurer
1428
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This instrument was acknowledge before me on October 25, 1982 by ROY L. WARD,
President of RESTHAVEN OF LUBBOCK, INC., on behalf of said corporation.
Geraldine Bryce
Notary Public in and for State
of Texas
My Commission Expires:
6-30-84
THE STATE OF TEXAS §
COUNTY OF TOM GREEN §
This instrument was acknowledged before me on October 22, 1982 by LILLIAN RUTH BROWN,
Individually and as Independent Executrix and Trustee under the will and Estate of R. P.
Brown, Deceased.
/S/ Sharon Ford Tackett
Notary Public in and for State of Texas
My Commission Expires:
1-18-86
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This insturment was acknowledged before me on October 25, 1982 by ETHELYN CAMPBELL,
Individually and as Independent Executrix and Trustee under the Will and Estate of Crayton
0. Campbell, Deceased.
/S/ Geraldine Bryce
Notary Public in and for
State of Texas
My Commission Expires:
6/30/84
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This instrument was acknowledged before me on October 28, 1982 by Paris D. Burnham_,
Vice -President of FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION, a Federal Savings & Loan
Association, on behalf of said Association.
ISI Geraldine Bryce
Notary Public in and for
State of Texas
My Commission Expires:
6-30-84
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared BILL McALISTER, known to me to be the person whose name
is subscribed to the foregoing instrument and acknowledged to me that he executed the
same as the act and deed of the CITY OF LUBBOCK and as Mayor, for the purposes and
consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 15th—day of November_, 1982
Notary Public in and for
State of TExas
My Commission Expires:
11/30/85
82-41A-1429-2181
( 21 )
82-41A-1429-2182
( 22 )
82-41A-1429-2183
( 23 )
*See Minutes of 9/23/82
Item No.
82-41A-1322-2043
( 12 )
LETTER OF AGREEMENT
Mayor and City Council
of the City of Lubbock:
In consideration of the joinder of the City of Lubbock as lienholder in a plat and
dedication deed for cemetery purposes executed by Resthaven of Lubbock, Inc., as owner of
the property contained in said plat and dedication deed, it is hereby understood and agreed
by Resthaven of Lubbock does not and shall not prejudice in any manner any lien of said City
of Lubbock for paving improvements on Frankford Avenue against any real property owned by
Resthaven of Lubbock, Inc.
EXECUTED this llth day of November , 1982.
RESTHAVEN OF LUBBOCK, INC.
By: /S/ Roy L. Ward
Roy L. Ward, President
Consider the price and conditions of sale of Parcel #19-B-13 (a part thereof).
Parcel
Redeveloper Price
19B-13 (a part thereof) Leon Lowe & wife, $1,800.00
Annie B. Lowe
Redevelopment
Single -Family
Residence
Consider the price of conditions of sale of Parcel #5-B-17-2F in the Lubbock NDP Urban
Renewal area.
Parcel Redeveloper Price Redevelopment
5B-17-2F John Rivera & wife,
Sarah Jane Rivera $1,250.00 Single -Family
Residence
The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to approve the
two above items. Motion carried: 5 Yeas, 0 Nays.
Consider the following changes in Whisperwood Addition:
a. A resolution accepting private street in
Whisperwood Addition as a public street.
Resoluton No. 1248
At the September 9, 1982, City Council Meeting, the Council approved the request of the
Whisperwood Development Corporation to dedicate a private street as a public street with
certain terms and conditions, to -wit:
(1) That the roll -type curb would remain.
(2) That the sidewalks be placed at the property
line as required by the Code.
(3) That the islands would remain privately -owned
and that irrigation systems would be installed
in each island to maintain landscaping.
The Drake Lawn Sprinkler Co. has filed with
the City a statement of the completion of the
irrigation system for Tracts H-5, H-6, H-7,
H-8, and H-9, Whisperwood Addition, which
will provide irrigation for the five (5)
islands to remain as privately owned but to
to be maintained by the Whisperwood Association.
(4) That the flare would remain.
(5) That the street name be "Whisperwood Circle."
(6) That certification be provided certifying that
the street construction is in accordance with City
standards and specifications, with proper test
results presented.
(7) That street lights be installed at the
expense of the developer (5 at $475.00
$2,375.00). We have received payment for $2,375.00.
(8) That street name signs be installed at the
developer's expense. We have received payment for $37-00.
1430
(9) That the dedication deed be furnished by
the developer. The plat for Lots 140-154,
Whisperwood Addition, is ready to file for
record and will dedicate Tract K as a public
street.
JWF: da
RESOLUTION NO. 1248
WHEREAS, Tara Land Company (as owner) and First National Bank at Lubbock (as
lienholder) have submitted a replat of Lots 140 thru 154, Whisperwood Addition (revised
date Oct. 18, 1982) indicating the street known as Whisperwood Circle, shown on said
replat, be dedicated for public use; and
WHEREAS, said street, known as Tract K, Whisperwood Addition, was designated on
the original plat as a private street as was recorded in the Deed Records of Lubbock
County, Texas in Volume 1736, Page 724; and
WHEREAS, Tara Land Company (as owner) and First National Bank at Lubbock (as
lienholder) have requested that said street, currently known as Tract K, Whisperwood
Addition, be accepted by the City of Lubbock; and
This City Council of said City finds it would be in the best interest of the
public health, safety and welfare to accept such street; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the dedication to the public of the street currently known as Tract K,
Whisperwood Addition, and shown as Whisperwood Circle on the said replat, is hereby
accepted for the use and benefit of the public by the City of Lubbock, said dedication
of the street to be accomplished by the recording of said replat in the Deed Records
of Lubbock County, Texas, at such time as all platting requirements have been met in
accordance with the Subdivision Regulations of the City of Lubbock, Texas, such
dedication affecting property all of which is within the corporate limits of the City
of Lubbock, Lubbock County, Texas, said acceptance of dedication being subject to
compliance by the developers with the following conditions, to -wit:
1. That the roll type curb would remain.
2. That the sidewalks be placed at the property line as required by the Lubbock
City Code of Ordinances.
3. That the Islands would remain privately owned and that irrigation systems
be installed in each island to maintain landscaping.
4. That the flare would remain.
5. That the street name be "Whisperwood Circle".
6. That Certification be provided certifying that the street construction was
in accordance with City standards and specifications with proper test
results presented.
7. That street lights be installed at the developer's expense. (5 a $475.00
$2,375.00)
8. That street name signs be installed at the developer's expense.
9. That the dedication deed be furnished by the developer.
Accepted as aforesaid by passage of this Resolution this llth day of November
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
0
APPROVED AS TO FORM:
ISI J. Worth Fullingim.
J. Worth Fullingim, Asst. City Attorney
1431
b. A resolution authorizing the Mayor to execute
a Street Use License for use of a portion of
Whisperwood Circle in Whisperwood Addition.
*NOTE: Copy of plat Resolution No. 1249
filed w/Orig. Reso.
SEE Minutes of 9/23/82 The Tara Land Company requests a Street Use License for the use of a private underground
82-41A-1322-2043 water sprinkler system. The license is in the amount of $1,149.00 for the lst five-year
( 12 ) period and is a twenty-year license. The area affected is Whisperwood Circle.
The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass Resolution
Nos. 1248 and 1249, referenced above. Motion carried: 5 Yeas, 0 Nays.
JWF: cl
RESOLUTION NO. 1249
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 Street Use License between the City of
Lubbock and the Tara Land Company for a portion of a street known as Whisperwood Circle,
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 llth day of November
/S/ 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:
/S/J. Worth Fullingim
J. Worth Fullingim, Assistant City Attorney
STREET USE LICENSE
THE STATE OF TEXAS
COUNTY OF LUBBOCK
1982.
This indenture made this llth day of November , 1982, being the date of this Agreement,
between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and TARA LAND
COMPANY, A Corporation of Lubbock County, Texas, hereinafter called "LICENSEE."
WITNESSETH:
1. Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does
hereby grant to the LICENSEE, the right, privilege and license to use a portion of dedicated
street known as Whisperwood Circle in the area described by metes and bounds on attached
Exhibit A and as further shown by plat map attached, for the construction, maintenance and
use of an underground water sprinkler system.
The term of this grant shall be for five (5) years from date hereof, and shall be
automatically extended for successive five (5) year terms not to exceed twenty (20) years
in any event unless either party shall give written notice of termination to the other
party sixty (60) days before the expiration of the first, second, or third five (5) year
term as the case may be, and the City of Lubbock retains the right at its election to
cancel and revoke this license with or without cause upon thirty (30) days notice to
LICENSEE. Said notice shall be deemed properly served if deposited in the post office,
postage paid, addressed to LICENSEE at 308 York, Lubbock, Texas 79416 or the last known
address of LICENSEE.
Upon expiration or cancellation and revocation of this license by the CITY OF LUBBOCK
or the abandonment of the license by the LICENSEE, the improvements that are permitted
under this license shall be removed by the LICENSEE and the property shall be restored to
item nriainni pnneiitinn at nn rnqt or PxnpnRe to the CITY OF LUBBOCK. In the event LICENSEE
1432
OF LUBBOCK shall enter possession, and remove or cause to be removed such improvements
and the expense incurred shall be assessed against LICENSEE for which LICENSEE shall
be liable.
2. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for such grant
the sum of ONE THOUSAND ONE HUNDRED FORTY-NINE AND NO/100 DOLLARS ($1,149.00) cash
in advance contemporaneously with the acceptance and execution hereof by LICENSEE
for the first five (5) year term of this license, and thereafter such rate of
compensation may be changed for each succeeding five (5) year term by the CITY OF
LUBBOCK to a rate of compensation which is based on procedures and policies as
established by the City Council of the CITY OF LUBBOCK based on an appraisal of the
fair market value of such land by the Right of Way Department of the CITY OF LUBBOCK
as applied to the formula for determining such rate established by the City Council.
If such rate is not changed by the CITY OF LUBBOCK, the rate for the preceding five
(5) year term shall apply. The CITY OF LUBBOCK shall notify the LICENSEE of any
change in rates in writing ninety (90) days before the start of the five (5) year
term to which such change in rate shall apply, and if such notification be not
timely made then the rate for the preceding five (5) year term shall apply.
3. The LICENSEE agrees to pay all costs arising out of the exercise of this
license herein granted, including but not limited to the replacement and repairing
of paving, sidewalks and utilities of any -nature occasioned by the construction as
authorized by this license.
4. In the event the CITY OF LUBBOCK determines that the existence of such use
interferes with or causes the rerouting or realignment of any public utility, franchised
utility, or sanitary or storm sewer line constructed or to be constructed by the
CITY OF LUBBOCK or franchised utility, LICENSEE agrees to reimburse the CITY OF
LUBBOCK, or such utility, as the case may be, for its expense of such relocating or
rerouting over and above the expense which would have been incurred except for
LICENSEE'S use herein.
5. This license is not transferable by the LICENSEE without first receiving
the written consent of the City Manager of the CITY OF LUBBOCK.
6. This license is made subject to the condition that should the LICENSEE
exercise any right under the license herein granted and prepare or begin or complete
any part of the construction as herein contemplated across any or all of the above
set out property, then and in that event said LICENSEE, his heirs and assigns, will
at all times defend, indemnify and otherwise hold the CITY OF LUBBOCK, its agents,
servants, and employees harmless from any and all claims, demands, actions, causes
of action, suits at law or in equity of whatsoever kind or nature which may grow out
of or be related to the making of this license or the construction or maintenance
and use permitted herein. The CITY OF LUBBOCK, at its option, may require an agreement
with any contractors hired by LICENSEE to perform the construction, repair of maintenance
permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against
all claims, liability, cost and expense growing out of the performance of the work
to be done by such contractor. The CITY OF LUBBOCK may further require such contractor,
when engaged in the construction, repair or maintenance permitted herein, to furnish,
without expense to the CITY OF LUBBOCK, a reliable surety bond, in an amount and in
the form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance
of all the terms, covenants and conditions contained in said agreement and a certified
copy of a policy of public liability assumed by contractor in said agreement with
the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to
incurring any costs or expenses or the payment of any such claims or demands in
order to give LICENSEE a reasonable opportunity to settle or adjust the same.
7. LICENSEE agrees and is required to furnish a policy of public liability
and property damage insurance, within limits specified by, and in a form satisfactory
to the City Attorney for the CITY OF LUBBOCK and which names the CITY OF LUBBOCK as
the insured, said policy covering the uses herein granted.
a. All of the covenants and provisions of this license shall be binding upon
and inure to the benefit of the successors, legal representatives, assigns and the
duly authorized agents and contractors of the parties hereto to the same extent and
effect as the same are binding upon and inure to the benefit of the parties hereto,
but no assignment hereof by the LICENSEE, its successors and assigns, shall be
binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each
instance except as specified in Paragraph Five (5).
9. LICENSEE, by the acceptance of the uses permitted herein, understands and
agrees that no interest, title or rights of possession are intended or implied
except those expressly set forth herein and LICENSEE waives any and all claims in
and to the public way it is permitted to use hereby and agrees to give peaceful
possession of said property covered herein upon termination or cancellation of this
license.
CITY OF LUBBOCK
BY:_tS/ Bill McAlsiter
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary-Treas.
LICENSEE: TARA LAND COMPANY
BY: /S/ Bob R. Johnson
BOB R. JOHNSON
MARKETING DIRECTOR
APPROVED AS TO CONTENT:
/S/ Don Jennings
Don Jennings, City Engineer
APPROVED AS TO FORM:
/S/ J. Wroth Fullingim
J. Worth Fullingim, Asst. City Attorney
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas
on this day personally appeared BILL McALISTER, Mayor, known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that he executed the
same as the act and deed of the CITY OF LUBBOCK and as Mayor, for the purposes and consideratic
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 15th day of November
1982.
/S/ Olivia R. Solis
Notary Public, in and for
Lubbock County, Texas
My Commission Expires: 11/30/85
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas
on this day personally appeared BOB R. JOHNSON, Marketing Director of said Tara Land
Company, a corporation, known to me to be the person whose name is subscribed to the fore-
going instrument and acknowledged to me that he executed the same for the purposes and
consideration therein expressed, and in the capacity therein stated as the act and deed of
said corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 23rd day of November
/S/ Jequiett Nutkr
Notary Public, in and for
Lubbock County, Texas
My Commission Expires: 7/25/84
HUGO REED AND ASSOCIATES, INC.
LAND SURVEYORS -CIVIL ENGINEERS
Tommie E. Anderson, R.P.S., President
Bernard J. Gradel, Jr., P.E., R.P.S.
1706-14th St.
Lubbock, Texas 79401
806/763-5642
David Goyette, Mgr.
Robert L. Smith, R.P.S. 419 West 4th St., Suite 812
Charles M. Rothwell, P.E. Odessa, Texas 79761
915/333-2635
EXHIBIT A
BEGINNING at a point which bears North, a distance of 994.05 feet and East a distance of
2004.28 feet from the Southwest corner of Section 22, Block A, Lubbock County, Texas, said
point also bears S. 37 30' E. a distance of 77.58 feet from the most Westerly corner of
proposed Lot 140-A, Whisperwood;
THENCE Northeasterly around a curve to the left, said curve having a radius of 15.00 feet, a
central angle of 90', tangent lengths of 15 feet, and a chord distance of 21.21 feet;
TPVMrV M ;9'101 F.- n di.qfnnrP of 100.00 feet to DOint of curvature;
THENCE Northwesterly around a curve to the left, said curve having a radius of 15.00 feet, a
central angle of 900, tnagent lengths of 15.00 feet, and a chord distance of 21.21 feet;
THENCE N. 37030' W. a distance of 77.58 feet;
THENCE around a curve to the right, said curve having a radius of 50.00 feet, a central
angle of 201'53'18", and a chord distance of 98.18 feet;
THENCE Northeasterly around a curve to the right, said curve having a radius of 50.00
feet, a central angle of 18'22'06", Tangent lengths of 8.53 feet, and a chord distance of
16.82 feet;
THENCE S. 79048'56" E. a distance of 59.75 feet;
THENCE S. 10011'04" W. a distance of 10.00 feet;
THENCE N. 79048'56" W. a distance of 50.19 feet;
THENCE Southwesterly around a curve to the left, said curve having a radius of 40.50 feet,
a central angle of 13'24'38", tangent lengths of 4.76 feet, and a chord distance of 9.46 feet;
THENCE S. 52030' W. a distance of 203.96 feet;
THENCE Northwesterly around a curve to the left, said curve having a radius of 40.50
feet, a central angle of 29'44'50", tangent lengths of 10.76 feet, and a chord distance of
20.79 feet;
THENCE S. 11031'04" E. a distance of 50.19 feet;
THENCE S. 78028'56" W. a distance of 10.00 feet;
THENCE N. 11031'04" W. a distance of 50.19 feet:
THENCE around a curve to the left, said curve having a radius of 40.50 feet, a central angle
of 171'43'38", tangent lengths of 560.02 feet, and a chord distance of 80.79 feet;
THENCE S. 37030' E. a distance of 82.97 feet to a point of curvature;
THENCE Southwesterly around a curve to the right, said curve having a radius of 24.50 feet,
a central angle of 90', tangent lengths of 24.50 feet, and a chord distance of 34.65 feet;
THENCE S. 52030' W. a distance of 45.00 feet;
THENCE S. 37030' E. a distance of 57.00 feet;
THENCE N. 52030' E. a distance of 45.00 feet to a point of curvature;
THENCE Southeasterly around a curve to the right, said curve having a radius of 24.50 feet,
a central angle of 900, tangent lengths of 24.50 feet, and a chord distance of 34.65 feet;
THENCE around a curve to the left, said curve having a radius of 40.50 feet, a central
angle of 187'31'58", and a chord distance of 80.83 feet;
THENCE N. 79018'24" W. a distance of 50.19 feet;
THENCE N. 10041'36" E. a distance of 10.00 feet;
THENCE S. 79018124" E. a distance of 50.19 feet;
THENCE. Northwesterly around a curve to the left, said curve having a radius of 40.50 feet,
a central angle of 36'25'23", tangent lengths of 13.32 feet, and a chord distance of 25.32
feet;
THENCE N. 300 e. a distance of 229.13 feet;
THENCE N. 08040' 17" E. a distance of 48.00 feet;
THENCE S. 81019'43" E. a distance of 10.00 feet:
THENCE S. 08040'17" W. a distance of 48.51 feet;
THENCE S. 300 W. a distance of 226.90 feet;
THENCE around a curve to the right, said curve having a radius of 50.00 feet, a central
angle of 224023'18", and a chord distance of 92.59 feet;
THENCE N. 37030' W. a distance of 63.36 feet to a point of curvature;
THENCE Southwesterly around a curve to the left, said curve having a radius of 15.00 feet,
a central angle of 90', tangent lengths of 15.00 feet, and a chord distance of 21.21 feet;
THENCE S. 52030' W. a distance of 97.42 feet to a point of curvature;
THENCE Northwesterly around a curve to the right, said curve having a radius of 559.83 feet,
a central angle of 2'39'52", tangent lenghts of 13.02 feet, and a chord distance of 26.03
feet;
THENCE N. 52030' E. a distance of 59.28 feet;
OEM,
1435
THENCE S. 52030' W. Distance of 60.00 feet;
THENCE N. 37030' W. a distance of 24.50 feet to the Point of Beginning.
CONTAINS: 14,325.67 square feet
Certified correct.
October 13, 1982
/S/ Tommie E. Anderson
Registered Public Surveyor
Lubbock, Texas
82-41A-1435-2184 Consider a resolution approving and adopting estimates of costs of street improvements,
( 24 ) amount to be assessed for improvements, and fixing.a, time and place for a hearing to
*See Reso No. 1242 owners of abutting property for Quaker Avenue from Loop 289 to 82nd Street (GWO 11,591).
(10/21/82) for
Bid information Resolution No. 1250
*Copy of Paving This is the fifth of a series of steps regarding this particular paving project involving
Assessment - 1982 assessments. The low bidder was Lubbock Asphalt Products, Inc. (Reso. 1242, 10/21/82) and
Computer Print -Out all provisions are in accordance with state laws. Once the assessment rates are advertised,
filed w/Orig. Reso. they cannot be increased although they may be decreased. The resolution also sets the
recommended time and date for hearing on the five parcels involved(December 9, 1982, at
10:00 a.m.).
JCR: cl
G.W.O. 11,591
QUAKER AVENUE ASSESSMENT PAVING
RESOLUTION NO. 1250
RESOLUTION APPROVING AND ADOPTING ESTIMATES OF THE COST OF IMPROVEMENTS, OF AMOUNTS
TO BE ASSESSED FOR IMPROVEMENTS IN THE NATURE OF GRADING, LAYING CURB AND GUTTER AND
PAVING PORTIONS OF QUAKER AVENUE FROM SOUTH LOOP 289 TO 82ND STREET IN THE CITY OF LUBBOCK,
TEXAS, FIXING THE TIME AND PLACE FOR A HEARING TO THE OWNERS OF ABUTTING PROPERTY, AND
OTHER PERSONS INTERESTED IN SAID PROPERTY AND DIRECTING THE CITY SECRETARY TO PUBLISH
NOTICE ON BEHALF OF THE GOVERNING BODY OF THE CITY OF LUBBOCK, TEXAS.
WHEREAS, the Governing Body of the City of Lubbock has heretofore ordered that portions
of Quaker Avenue be improved by grading, installing concrete curb and gutter, and street
pavement with asphalt stabilized base and caliche base and one and one-half (11-2) inch Hot
Mix, T.H.D., Type C, together with incidentals and appurtenances.
WHEREAS, the Governing Body of the City of Lubbock has caused the City Engineer to
prepare and file estimates of the cost of such improvements and estimates of the amounts
per front foot to be assessed against abutting property and the owners thereof, and such
estimates have been prepared and examined;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
If
Such estimates be and they are hereby adopted and approved.
II.
NOTICE TO THE OWNERS OF PROPERTY ABUTTING UPON THE HEREINBELOW MENTIONED PORTIONS OF
QUAKER AVENUE AND TO ALL OTHERS AFFECTED:
The Governing Body of the City of Lubbock has heretofore ordered that the following
portions of Quaker Avenue in and along the boundary of the said City of Lubbock, Texas, be
improved by raising, grading and filling and installing concrete curbs and gutters, and
street pavement with asphalt stabilized base and caliche base, one and one-half (12) inch
Hot Mix, T.H.D. Type C, storm sewer and drains where necessary on Quaker Avenue as designated
below:
It is hereby found and determined that the cost of the improvements on such portions
of said Quaker Avenue with the amount or amounts per front foot proposed to be assessed
for such improvements against the abutting property, the owners thereof, on the portions
of said Quaker Avenue are as follows, to -wit:
The following eighty-six (86) foot width street is known and designated as Unit
Number 2240, Sub -Unit 40. The total estimated cost of the improvements is $593,282.64.
The estimated amount per front foot to be assessed against the abutting property and the
owners thereof for curb and gutter is $5.75; the estimated amount per front foot to be
assessed against the abutting property and the owners thereof for improvements exclusive
of curb and gutter is $49.14 for abutting business zones and $29.55 for
abutting residential zones:
The estimated cost of the Sub -Unit is as follows:
Sub -Unit 40, Quaker Avenue from South Loop 289 to 82nd Street the estimated cost of
Sub -Unit 40 of Unit 2240 is $593,282.64.
1436
one and one-half (111) inch Hot Mix, T.H.D., Type C, and a compacted asphalt
stabilized base and caliche base on Quaker Avenue has been made and entered into
by the City of Lubbock, Texas, and rolls or statements showing the proposed
amounts to be assessed against the abutting property, and the owners thereof
have been filed with the City, such rolls or statements showing other matters
and things, and have been approved and the City Council of said City has fixed a
time and place for hearing to the owners of property abutting upon said portions
of Quaker Avenue and to all others affected, at which hearing the amounts to be
assessed against the respective parcels of abutting land and the owners thereof
for improvements in the units upon which the particular parcels of property
abut, the amounts of benefits to the respective parcels of property by means of
the improvements in the unit upon which the particular property abuts, the
regularity of the proceedings with reference to such improvements, the apportionment
of the cost of such improvements, and other matters and things will be determined,
and after such hearings assessments will by ordinance be made and levied, and
such hearing will be had and held by and before the City Council of the City of
Lubbock, Texas, in regular City Council Meeting Room in the City Hall in the
City of Lubbock, Texas, on the 9th day of December, 1982, at 10:00 A.M. o'clock.
The rolls or statements showing the proposed amounts of such assessments are on
file in the office of the City Secretary and copies thereof are in the office of
the City Engineer of the City of Lubbock and open to inspection of any interested
parties at any time, and of all said matters and things all such owners of
property, as well as any and others in anywise affected or interested, will take
due notice.
By order of the City Council of the City of Lubbock, this the 11th day of
November, 1982.
No notice other than that herein provided for shall be necessary and such
notice shall be due and sufficient notice to any and all persons, firms, cor-
porations and other parties.
That a hearing be given and held by and before the Governing Body of the
City of Lubbock, Texas, to all persons owning or claiming any property abutting
any part or portion of said Quaker Avenue described in Section II, of this
Resolution, as well as all owning or claiming any interest in any such property.
Such hearing shall be given and held on the 9th day of December, 1982 at 10:00
A.M. o'clock on the second floor in the City Hall, City of Lubbock, Texas, and
the City Secretary is hereby directed to give notice of the time and place of
such hearing, and of other matters and facts in accordance with the term and
provisions of an Act passed at the first called session of the 40th Legislature
of the State of Texas and known as Chapter 106 of the Acts of said Legislature
which has been adopted as an amendment to and made a part of the Charter of the
City of Lubbock, Texas, and as amended by Chapter 176 Acts of the 60th Regular
Session of said Legislature. Such notice shall be by advertisement inserted at
least three times in a newspaper published in the City of Lubbock, Texas; the
first publication shall be made at least twenty-one (21) days before the said
hearing; and, additional written notice of the hearing shall be given by de-
positing in the United States Mail, at least fourteen (14) days before the date
of the hearing, written notice of such hearing, postage prepaid, in an envelope
addressed to the owner of the respective properties abutting such highways,
avenues, and/or alleys or portions hereof to be improved, as the names of such
owners are shown on the then current rendered tax rolls of the City of Lubbock
and at the addresses shown, or if the names of such respective owners do not
appear on such rendered tax rolls, then addressed to such owners as their names
are shown on the current unrendered rolls of the City at the addresses shown
thereon. Said notice shall comply with and be in accordance with the terms and
provisions of this resolution and said Acts as amended.
PASSED AND APPROVED BY UNANIMOUS VOTE OF THE GOVERNING BODY OF THE CITY OF
LUBBOCK, TEXAS THIS THE 11TH DAY OF NOVEMBER, 1982.
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary
APPROVED AS TO CONTENT:
ngs
Don Jennings, City Engineer
/S/ Bill McAlis_ter___.__
BILL McALISTER, MAYOR
Jnli-n r.- Ross Jr.
John C. Ross, Jr., City Attorney
1437
82-41A-1437-2185
( 25 )
82-41A-1437-2186
( 26 )
*NOTE: See Reso. 1164
(8/12/82) for paving
authorization
Consider a resolution accepting paving improvements for Lot ], Crossroads Addition (Kerr
Construction Co.).
Resolution No. 1251
This is an acceptance of paving in a new subdivision. The City's cost is $3,615.73 for
the extra width of the east half of Iola Avenue, a collector street and a small portion of
extra width on 21st Street. GWO #3302.
JCR/mck
RESOLUTION NO. 1251
RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions of City Ordinance
1331, the subdivider of Crossroads Addition - Lot 1 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:
East 1/2 of Iola Avenue from its intersection with a line 16.00 feet North of the
North property line of 21st Street, to its intersection with the South property line
of Lot 1, Crossroads Addition known and designated as New Subdivision Sub -Unit Number
01 of Unit Number 2029.
21st Street from its intersection with the East lip line of Iola Avenue to its intersect
with the West lip line of Loop 289 access road known and designated as New Subdivision
Sub -Unit Number 02 of Unit Number 2029.
AND WHEREAS, the construction of the above improvements on the above -mentioned streets
was performed under the supervisions 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.
N
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 direct the
payment of the City's portion of the cost in the amount of $3,615.73.
This Resolution shall take effect and be in force from and after its passage.
PASSED AND APPROVED THIS 11TH DAY OF NOVEMBER, 1982.
ATTEST:
/S/ Bill McAlister
BILL McALISTER, MAYOR
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Don Jennings
Don Jennings, City Engineer
/S/John C. Ross
John C. Koss, Jr., City Attorney
Consider a resolution accepting paving improvements on the E/2 of Iola Avenue from 19th
Street to 21st Street (Kerr Construction Co.).
Resolution No. 1252
This is a routine acceptance of paving improvements authorized by the Council on August
12, 1982, (Reso. 1164) for the East half of Iola and from 19th to 21st Street. The City's
cost is $3,815.36 (Revenue/Sharing), payable to the contractor, GWO #921,304.
JCR/mck
RESOLUTION NO 1252
RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW:
WHEREAS, the City of Lubbock passed a Resolution on August 12, 1982 authorizing the
construction of street improvements by Kerr Construction Company on a portion of the
following street:
East 1/2 of Iola Avenue from 16 feet North of the North property line of 21st Street
to the South raw edge of 19th Street.
AND WHEREAS, the improvements upon the said portion of the above -mentioned Street
have been inspected and found to have been constructed according to the approved plans and
specifications.
M"VnVVnnV VV TT DVQ(1TX717T) RV TWV ("TTV OW T.TTRRn(-.V TRYAq-
NO V 111982
1438
Le
THAT the improvements on said portion of the above -mentioned street be, and the
same are hereby accepted and the City Engineer be and he is hereby authorized to
direct the payment of the City's share in the amount of $3,815.36.
II.
This Resolution shall take effect and be in force after its passage.
PASSED AND APPROVED THIS 11TH DAY OF NOVEMBER, 1982.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
ISI 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
John C. Ross, Jr., City Attorney
82-41A-1438-2187 Consider a resolution accepting paving improvements for Lot ' 2, C14R Industrial Park
27 Addition, a new subdivision (Kerr Construction Co.).
Resolution No. 1253
This is a routine acceptance of paving improvements for Lot 2, CMR Industrial Park
for a 10' wide concrete drainage channel located east of 74th Street to Loop 289.
The concreting of the drainage channel was a platting requirement; no City costs are
involved.
JCR: cl
RESOLUTION NO. 1253
RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES LISTED
BELOW:
WHEREAS, in conformance with the paving requirement provisions of City Ordinance
1331, the subdivider of C.M.R. Industrial Park Add., Lot 2 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 C.M.R. Industrial Park Addition, Lot 2:
E-W drainage channel between Lots 1 & 2, C.M.R. Industrial Park Addition and
the alley return at S. Loop 289 on the West side of Lot 1, C.M.R. Industrial
Park Addition known and designated as New Subdivision Sub -Unit Number 14, of
Unit Number 2029.
AND WHEREAS, the construction of the above improvements on the abovementioned
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 the provisions of the City Ordinance 1331; and
WHEREAS, in conformance with the provisions of Chapter 28 of the City Code or
Ordinances, the property owner made arrangements with Kerr Construction Company for
the construction of paving improvements on the following street:
King Avenue from its intersection with the South Lip Line of South Loop 289 to
its intersection with a line 15.00 feet North of the North property line of E.
74th Street constructed under street use Permit No. 30-82.
AND WHEREAS, the construction of the above improvements on the abovementioned
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 the provisions of Chapter 28 of the City Code of Ordinances.
1439
VISA
THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS.
I.
That the improvements on said portions of the abovementioned streets be and the same
are hereby accepted and the City Engineer be and he is hereby authorized to direct the
payment of the City's portion of the cost (and to release escrow money), if any.
II.
This resolution shall take effect and be in force from and after its passage.
PASSED AND APPROVED THIS llth DAY OF NOVEMBER, 1982.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary
APPROVED AS TO CONTENT:
/S/ Don Jennings
Don Jennings, City Engineer
APPROVED AS TO FORM:
/S/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
CONSOLIDATED FINAL ESTIMATE
C.M.R. INDUSTRIAL PARK ADD., LOT 2
Accepted Nov. 11, 1982
QUNATITIES
Unit
Sub -Unit
S. Y.
Drainage
Location Channel
S.Y.
Alley
Return
L.F.
C & G
L.F.
C & G
Removal j
N. S. 2029-14
E-W Drainage Channel 318.44
24.64
43.12
i
37.50
bet. Lots 1 & 2 CMR
Industrial Park &
alley return at s.
Loop 289 on W. Side
of Lot 1, CMR Indus-
trial Park
I
S.Y
L.F.
S.Y.
I
L.F.
Unit &
Location Paving
Curb &
Valley
C & G
Sub -Unit
6" Base
Gutter
Gutter
Removal
King Avenue from the 3,509.16
1,329.46
28.04
102.00
S.L.L. of S. Loop 289
to 15'N. of the N.P.L.
of E. 74th St. (Con-
structed under Street
Use Permit No. 30-82
COST ESTIMATE
318.44
S.Y.
Drainage Channel
a $
LUM SUM
$6,597.67
24.64
S.Y.
Alley Return
a $
20.75
$ 511.28
43.12
L.F.
Curb & Gutter
a $
5.70
$ 245.78
37.50
L.F.
C & G Removal
a $
5.50
$ 206.25
CPMTRACT CPST
$8.560.98
COST DISTRIBUTION
Unit &
Sub -Unit
Contract Cost
Pro
Cost
N.S. 2019-14 $7,560.98 $7,560.98
King Avenue (Constructed under street use permit No. 30-82) is total property owner cost at
1440
82-41A-1440-2188 Consider a resolution accepting certain paving improvements and release of retainage
( 28 ) on said improvements, and authorize Change Order #2 for additional paving on CDWO
*NOTE: See Reso 1041 8017 (Reso. 1041, 2/25/82.)_.
2/25/82) for Orig. Resolution No. 1254
Contract.
This work was completed by Kerr Construction Company and includes parking lots
adjacent to park facilities (CDWO 8017). The sum of $19,625.17 is due the contractor
for the completed work, which includes 5% retainage from previous payments. There
also is a Change Order included in this resolution in the amount of $8,836.50 for
concreting a drainage slab for City Garage (CDWO 8017 applies also).
The motion was made by Mayor Pro Tem. Henry, seconded by Councilman Brown to pass
Resolution Nos. 1250, 1251, 1252, 1253, 1254 referenced above. Motion carried: 5
Yeas, 0 Nays.
DGV: cl
RESOLUTION NO. 1254
WHEREAS, the City of Lubbock heretofore entered into a contract with Kerr
Construction Company (CDWO 8017) for the making and constructing of parking lot
improvements within the City of Lubbock; and
WHEREAS, certain of such parking lot improvements have been completed and
inspected by the City Engineer; and
WHEREAS, it is desirable to execute a Change Order No. 2 to said contract to
provide for additional parking lot improvements needed within the City of Lubbock;
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements on the following named parking lots BE and
are hereby accepted and the City Engineer is hereby authorized to release the retainage
monies pertaining to said parking lots to Kerr Construction Company as the following
parking lot improvements have been found to be in accordance with the terms of the
contract:
Berl Huffman Athletic Complex Parking Lot and Access Road;
Senior Citizens Center Parking Lot on 20th Street between Avenue U and Avenue
T;
Pump Station No. 10 Reservoir Parking Lot on Memphis Avenue between 78th and
82nd Streets;
Jack Stevens Park Parking Lot on 75th Street between Aberdeen and Albany
Avenues;
N.B. McCullough Park Parking Lot on 88th Drive between Gary and Freemont
Avenues;
George W. Dupree Park Parking Lot on Toledo Avenue between 58th and 59th
Streets; and
Jan Jennings Park Parking Lot on Wayne Avenue between 77th and 78th Streets.
SECTION 2. 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. 2
to CDWO 8017 with Kerr Construction Company for additional parking lot improvements
within the City of Lubbock. A copy of the Change Order is attached herewith which
shall be spread upon the minutes of the Council and as spread upon the minutes of
the Council shall constitute and be a part of this Resolution as if fully copied
herein in detail.
Passed by the City Council this -11 th day of _____N-Qvember 1982.
/S1 Bill McAlistpr
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:
1441
TO: Kerr Construction Company
Box 888
Lubbock, Texas 79408
Gentlemen:
WHEREAS, it is desirable to make changes in the plans and specifications for C.D.W.O. 801,
being namely the additional quantities for the Municipal Garage Parking Lot Paving. i
Original Amount of Contract CDWO 8017 $269,127.10
Increased by Change Order No.1 $ 43,133.30
Increased by Change Order No.2 $ 8,836.50
Total AMount of Contract $321,096.90
THIS AGREEMENT WITNESSETH: In consideration of the mutual advantages gained, the Owner
and the Contractor agree to the change shown herein and in the revised plans, the Owner agrees
to pay the Contractor the amount of increase in cash. The Contractor agrees to proceed with
construction and to adhere to applicable specifications, under the direction of the Engineer.
Furthermore, the parties agree that the original contract between the Owner and the Contractor
shall be modified to the extent herein indicated, including one (1) attachment.
IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this llth
day of November 1982
B /S/ Ken Hancock
Kerr Construction Company
(Contractor)
Title: President
CITY OF LUBBOCK
(owner)
By_/S/Bi.1lMc.A1ist.er Attest: /S/ Evelyn Gaffga
RECOMMENDED FOR APPROVAL
/S/Don Jennings
Don Jennings, City Engineer,
APPROVED AS TO FORM:
ISI John C. Ross, Jr.
John C. Ross, Jr., City Attorney
Isl Larry Cunningham
Larry Cunningham, City Manager
CDWO 8017
CHANGE ORDER NO. 2
Quantity Bid Total
Item & Unit Description of Item Price Amount
5 411 S.Y. Valley Gutter: Reinforced $21.50 $8,836.50
Concrete (3,000 #/7 day high
early type cement) valley
gutters including subgrade
preparation, complete in place
with location as directed by engineer,
per square yard
Original Amount of Contract CDWO 8017 $269,127.10
Increased by Change Order No. 1 43,133.30
Increased by Change Order No. 2 $ 8,836.50
Total Amount of Contract $321,096.90
82-41A-1441-2189 Consider a resolution authorizing the Mayor to execute Change Order #1 to the 1982 Assessment
29 Paving Program (GWO 11,593) (Reso. 1196, 9/9/82).
Resolution No. 1255
This work is for paving the parking area around the new City GarageSanitation facilities
and for the reconstruction of the existing parking lot at that location. This Change
Order is in the amount of $139,925.15--not in excess of 25% of the original contract.
The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Resolution
No. 1255, authorizing Change Order #1 to 1982 Paving Assessment Program for paving around
the new Garage -Sanitation facility parking lot. Motion carried: 5 Yeas, 0 Nays.
JCR/mck
I L7,
RESOLUTION NO. 1255
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
I I I I - I - - __ -Z T_1_11, . 01 O, A- Nl. 1 i-n Hi,- 1 Q99 AqqP.qqTnPnt
1442
#4 ,
ffl�M �
Paving Program (G.W.O. 11,593), with Kerr Construction Company, a copy of which is
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 11th day of November, 1982.
/S/ 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:
/S/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
TO: Kerr Construction Company
Box 888
Lubbock, Texas 79408
Gentlemen:
WHEREAS, it is desireable to make changes in the plans and specifications for G.W.O.
11,593, being namely the additional quantities for the Municipal Garage Parking Lot Paving.
Original Amount of Contract G.W.O. 11,593 $559,700.60
Increased by Change Order No. 1 $139,914.00
Total Amount of Contract $699,614.60
Completion for this Change Order -- Same as Original Congract.
THIS AGREEMENT WITNESSETH: In consideration of the mutual advantages gained, the
Owner and the Contractor agree to the change shown herein and in the revised plans, the
Owner agrees to pay the Contractor the amount of increase in cash. The Contractor agrees to
proceed with construction and to adhere to applicable specifications, under the direction
of the Engineer. Furthermore, the parties agree that the original contract between the
Owner and the Contractor shall be modified to the extent herein indicated, including
one (1) attachment.
IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this
llth day of November 1982.
Kerr Construction Company
(Contractor)
BY Kenneth Kerr Title: Vice-PResident
Kerr Construction Company
CITY OF LUBBOCK
(owner)
By /S/ Bill McAlister Attest: /S/ Evelyn Gaffga
Bill McAlister, Mayor Evelyn Gaffga, City Secretary
ISI Don Jennings
Don Jennings, City Engineer
APPROVED AS TO FORM:
/S/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
/S/ Larry Cunningham
Larry Cunningham, City Manager
1443
82-41A-1443-2190
( 30 )
GWO 11,593
CHANGE ORDER NO. 1
Quantity Bid Total
Item & Unit Description of Item Price Amount
1 15,910 S. Y. Paving: 1-1/2" compacted T.H.D. $6.15 $97,846.50
type "C" A.C. Paving with crushed
tone or crushed gravel with a
minimum of 85% crushed faces, in-
luding subgrade preparation, 9" of
caliche-base, prime and tack coat, complete
in place, per square yard
3 640 L.F. Curb and Gutter: 6" concrete curb $5.50 $ 3,520.00
and gutter or 30" wide separate
gutter, including subgrade prepara-
tion, complete in place, per linear
foot
5 1,814 S.Y. Valley Gutters: Reinforced Concrete $21.25 $38,547.50
3,000 #/7 day high early type cement)
valley gutters including subgrade pre-
paration, complete in place with location
as directed by engineer, per square
yard
Total Increase for Change Order No. 1 $139,914.00
Original Contract Amount $559,700.60
New Contract Amount $699,614.60
Consider a resolution authorizing the ROW Department to commence negotiations
for purchase of Lot 131, Yellowhouse Canyon Addition.
Resolution No. 1256
This will authorize the Right -of -Way Department to commence negotiations to purchase Lot
131, Yellowhouse Canyon Addition, which is needed for a sewer lift station located at the
corner of East 61st Street and Redwood Avenue, to be funded by Community Development
Funds.
JWF/mck
RESOLUTION NO. 1256
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the public needs, safety, health and welfare requires the acquisit
by the City of Lubbock of Lot 131, Yellowhouse Canyon Addition to the City of Lubbock,
Lubbock County, Texas for use as a site for a sewer lift station.
SECTION 2. THAT the Right of Way Department of said City is authorized to commence
negotiations for the purchase of said Lot 131 at the appraised fair market value thereof.
Passed by City Council this llth day of November , 1982.
"/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
ISI Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Tom Nivens
Tom Nivens, Right of Way Agent
APPROVED AS TO FORM:
/S/ J. Worth Fullingim
J. Worth Fullingim, Assistant City Attorney
1444
82-41A-1444-2191 Consider a resolution authorizing the Mayor to execute a Quit Claim Deed for a,portion
( 31 ) of Paris Avenue in the C. A. Rush Addition.
*NOTE: See Ord. 8351
(9/9/82) for closure Resolution No. 1257
of Paris Avenue
This is a Quit Claim Deed to the American State Bank for that portion of Paris Avenue
closed by Ordinance No. 8351.
JWF: da
RESOLUTION NO 1257
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock a Quit Claim Deed in favor of
American State Bank of Lubbock, Texas attached herewith which shall be spread upon
the minutes of the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this llth day of
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
November
/S/ Bill McAlister
BILL McALISTER, MAYOR
/S/ J. Robert Massengale
J. Robert Massengale, Assistant City Manager
APPROVED AS TO FORM:
/S/ J. Worth Fullingim.
J. Worth Fullingim, Assistant City Attorney
QUITCLAIM DEED
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock,
State of Texas, for and in consideration of the sum of ONE AND N01100 ($1.00) DOLLARS
and other good and valuable consideration to it in hand paid by American State Bank
of Lubbock, Texas hereinafter called "GRANTEE", the receipt of which is hereby acknowledged,
does hereby by these presents ABANDON, DISCLAIM, RELEASE AND FOREVER QUITCLAIM unto
the said GRANTEE, all its rights, title and interest in and to that certain tract or
parcel of land lying and being situated in the County of Lubbock, State of Texas,
described as follows, to -wit:
That portion of Paris Avenue in the City of Lubbock, Lubbock County, Texas
described in Exhibit A hereto attached and made a part hereof.
TO HAVE AND TO HOLD the same premises together with all and singular the rights,
privileges and appurtenances thereto in any manner belonging unto the said GRANTEE,
its successors and assigns forever, so that neither the GRANTOR, CITY OF LUBBOCK, its
successors or assigns, nor any persons claiming under it shall at any time hereinafter,
have, claim or demand any right to the title to the aforesaid premises or appurtenances
or any part thereof.
WITNESS MY HAND AT LUBBOCK, TEXAS this 11th day of November, 1932.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas,
on this day personally appeared BILL McALISTER, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he executed the same as
the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 15th day of November ,1982.
/S/ Olivia R. Solis
Notary Public, Lubbock County, Texas
My Commission Expires 11/30/85
EXHIBIT A
WILSON SURVEYING CO., INC.
1716 Avenue M. Lubbock, Texas
(806) 763-3388 79401
September 8, 1982
T=T T TTCNMU '
Field notes on that part of Paris Avenue; South of 13th Street, North of 15th Street
and East of Lot A, G.A. Rush Addition Replat, East of Lot 11, Block 3, G.A. Rush Addition
and West of Lot C, G.A. Rush Addition Replat, to the City of Lubbock, Lubbock County, Texas
and being more particularly described as follows:
Beginning at an "X" on sidewalk, the Northwest corner of Lot C,G.A. Rush Addition Replat,
and the Northeast of this description;
Thence South along the East line of Paris Avenue, 362.0 feet to a railroad spike set at
the P.C. of a curve to the left;
Thence Southeast along the curve to the left, an arc distance of 70.39 feet to a "X" on
concrete, said curve has a radius of 61.0 feet, a centeral angle of 66°06'50" and a chord
that bears South 33°03'25" East, 66.55 feet;
Thence South, 4.96 feet to an "X" on concrete;
Thence East, 13.94 feet to an "X" on concrete, for the P.C. of a curve to the right;
Thence Southeasterly along the arc of a curve to the right, an arc distance of 53.77
feet to an "x" on concrete, for the Southeast corner of this tract, said curve has a radius
of 61.0 feet, a central angle of 50°30'32" and a chord that bears South 54°34'52" East, 52.05
feet;
Thence West, 129.88 feet to a concrete nail, for corner of this tract;
Thence South 5.0 feet to a nail for a corner; of this tract;
Thence West, 12.87 feet to a nail, the Southeast Lot 11, Block 3, G.A. Rush Addition
for the Southwest corner of this tract;
Thence North, 77.9 feet to an "X" on concrete in the South line of Lot A, G.A. Rush
Addition Replat, for a corner of this tract;
Thence West, 6.0 feet to an "X" on concrete the Southeast corner of Lot A, G.A. Rush
Addition Replat, in the West line of Paris Avenue, for a corner of this tract;
Thence North, along the West line of Paris Avenue, 365.0 feet to the P.C. of a curve
to the left;
Thence Northwesterly along the arc of a curve to the left, an arc distance of 23.56
feet to a point, said curve has a radius of 15.0 feet, a central angle of 90°00' and a
chord that bears North 45°00' West, 21.21 feet;
Thence East, 71.09 feet to the place of beginning.
Containing 0.65 Acres.
CERTIFIED CORRECT /s/ John. N_ Wi1Gnn
John N. Wilson
Registered Public Surveyor
JNW: as
Nov it 198�
1446
82-41A-1446-2192
( 32 )
*NOTE: See Reso. 1203
(9/9/82) for approval
of funding
**NOTE: Letter to Mr. Eliseo
Solis RE: Community
Services Block Grant
(CSBG) Contract
#00019206183 & Contract
if filed w/Orig. Reso.
Consider a resolution authorizing the Mayor to sign a contract with Texas Department
of Community Affairs for 1982-83 Community Services Block Grant.
Resolution No. 1258
This resolution stipulates that the contract for Community Services Funding in the
amount of $142,327.00 has been received.
The motion was made by Councilman Aderton, seconded Mayor Pro Tem Henry to approve
Resolution Nos. 1256, 1257, and 1258. Motion carried: 5 Yeas, 0 Nays.
DGV/mck
RESOLUTION NO. 1258
WHEREAS, the Community Services Department of the City of Lubbock, Texas,
desires to enter into a contract with the Texas Department of Community Affairs for
a Community Services Block Grant; and,
WHEREAS, the City Council of the City of Lubbock, Texas has determined that
said Community Services Block Grant would provide assistance in the best interest of
the health, safety and welfare of the citizens of the City of Lubbock; 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 sign Community Services Block Grant Contract Number 00019206183 in the amount of
$142,327.00 for the period of October 1, 1982 to September 30, 1983.
Passed by the City Council this llth day of November , 1982.
ISI Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Vaughn Hendrie
Vaughn Hendrie, Director of Community Relations
APPROVED AS TO FORM:
/S/ Donald G. Vandiver
Donald G. Vandiver, First Asst. City Attorney
82-41A-1446-2193 Consider accepting the storage building in Sandhills Well Field and authorize final
( 33 ) payment to the contractor (Reso. 1142, 7/8/82).
*NOTE: See Reso 1142
(7/8/82) for orig. The construction of the storage building at Sandhills Well Field by Plains Builders,
contract Inc. has been completed; the contract was in the amount of $60,449.00. This action
accepts the building and authorizes final payment in the amount of $10,310.85.
82-41A-1446-2194
Consider accepting three deep well pumps and motors in Sandhills Well Field, and
( 34 )
authorize final payment to contractor (Reso. 1116, 5/27/82).-
*See Reso 1116 - (5/27/82)
for orig. contract
The installation of pumps and motors in the Sandhills Well Field by the Birkelbach
Machine and Pump, Inc. has been completed, attested, and approved. The contract was
in the amount of $34,198.00 of which final payment to the contractor is in the
amount of $1,709.90.
The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to accept
the above referenced improvements in the Sandhills Well Field and to authorize final
payment to the respective contractor, as stated above and in the amount so stated.
Motion carried: 5 Yeas, 0 Nays.
82-41A-1446-2195
Consider Change Order #1 to contract for cleaning and painting six concrete water
( 35 )
reservoirs (Reso. 1208, 9/9/82).
*See Reso 1208 (9/9/82)
for Contract
Resolution No. 1259
The original contract was in the amount of $9,754.00 for the painting of six concrete
water reservoirs, this Change Order being in the amount of $3,497.95 to include
painting Pump Station #4 Pumphouse, three supply standby pipes at #4 Pump Station,
the chlorinator building at #4 Pump Station, the microwave building at #4 Pump
Station, all of which are to receive two coats of paint with trim.
The motion was made by Councilman Brown, seconded by Councilwoman Baker to approve
p'-an1litinn NTn I ?';Q anthnri mina 1-1,o -1, — cfRio A -;- i-1— 0_A__
OEM_
1447
JWF/mck
RESOLUTION NO. 1259
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute
for and on behalf of the said City a Change Order No. 1 for additional work in the amount
of $2,497.95 on a contract to clean and paint six concrete reservoirs and one stucco
building heretofore entered into by and between said City and Lubbock Protective Coating
Spec. (as contractor), 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 11th day of November, 1982.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Guy Wilson
Guy Wilson, Utilities Engineer
APPROVED AS TO FORM:
/S/ J. Worth Fullingim
J. Worth Fullingim, Assistant City Attorney
Change Order No.1
Clean and Paint Six
Concrete Water Reservoirs and
One Stucco Building
WWO 7879
TO: Lubbock Protective Coatings Spec.
RT. 5 Box 176 B-4
Lubbock, Texas 79407
Original Amount of Contract $9,754.00
Original Time of Completion 45 days
Chnge Order No. 1 $2,425.00
Additional Time of Completion 30 days
Amended Amount of Contract $12,179.00
WHEREAS, it is desirable to make changes in the plans and specifications for this project I
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 them shall be
modified and amended to the extent herein indicated.
IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this the
llth day of November, 1982.
Lubbock Protective Coatings Spec.
/S/ Mike Tresk
CITY OF LUBBOCK
OWNER
BY: /S/ Bill McAlister
ATTEST: /S/ Evelyn Gaffga
City Secretary
RECOMMENDED FOR APPROVAL:
S1 Wilford D. Watson
Chief Eng., Water Utilities Engr.
1448
Attachement to Change Order No. 1
Clean and Pan Six Concrete
Water Reservoirs and One Stucco Bldg.
W.W.O. 7879
BREAKDOWN OF CHANGE
1. Clean and paint No. 4 Pump Building.
2. Clean and paint three stnad pipes at No. 4 reservoir.
3. Clean and paint chlorinator building at No. 4 reservoir.
4. Clean and paint microwave building and two valve boxes at No. 4 reservoir.
All apinting with two coats as per specifications. Buildings to include brown trim.
TOTAL: $2,425.00
82-41A-1448-2196 Consider a resolution accepting water and sewer improvements in Crossroads Addition,
( 36 ) Lot 1.
Resolution No. 1264
The motion was made by Councilman Brown, seconded by Councilwoman Baker to accept the
above referenced water and sewer improvements. Motion carried: 5 Yeas, 0 Nays.
JCR: cl
RESOLUTION NO. 1264
RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOT 1, CROSSROADS
ADDITION.
WHEREAS, the developer of Lot 1 Crossroads Addition have complied with the
provision of the City of Lubbock Code, Chapter 34, Article 2, by providing the water
and sewer improvements for said addition in accordance with paragraph 61 of said
Chapter 34, and
WHEREAS, the total utility cost to the developer is $38,234.52 with the improvements
constructed by Holloway Contracting Company having a value of $31,586.90 as determined
by the unit prices established by said Chapter 34, and $6,647.62 cash paid to the
City, with Joint Venture No. 1, the developer, to receive a refund of $10,815.98 in
accordance with Chapter 34 of the Code of the City of Lubbock, and
WHEREAS, the construction of the said water and sewer improvements was performed
under the supervision of the City Engineer and completed in accordance with the City
of Lubbock's plans and specifications.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
1. That the improvements by and the same are hereby accepted as an integral
part of the water and sewer system of the City of Lubbock.
2. That the refundable cost in the amount of $10,815.98 be made in accordance
with said Chapter 34.
3. This resolution shall take effect and be in force from and after its
passage.
PASSED AND APPROVED THIS 11th DAY OF Noupmhp-r 1982.
191 Bill MrEll i-Rttpr
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn C_qffo,.q
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
ZS1 Wilford D. Watson
Wilford D. Watson, Chief
Water Utilities Engineer
APPROVED AS TO FORM:
82-41A-1449-2197 -Consider a resolution authorizing the Mayor to sign lease agreements for word processing
( 37 ) systems.
*No Lease Agreement Resolution No. 1260
submittes to date
This action authorizes the entering into of lease agreements with Exxon for installation
Sample Lease Agreement of word processing equipment in the departments of City Secretary, City Manager, Purchasing,
filed w/ Reso. Public Information, and the Administrative suite as well as the Legal Department. Nine
proposals were received and the equipment most applicable for these uses was offered by
Exxon at a monthly charge $476.00 to include maintenance. The City Manager subsequently
will designate an individual to review all the requests for word processing systems which
had been requested on the budget during the budget process, and subsequently justify the
acquisition of the equipment to fit the needs of the department.
The motion was made by Councilwoman Baker, seconded by Councilman Brown to approve Resolution
No. 1260 as referenced above. Motion carried: 5 Yeas, 0 Nays.
DGV: cl
RESOLUTION NO. 1260
WHEREAS, the City Council of the City of Lubbock has considered proposals to furnish
word processing equipment to the City of Lubbock on an "as needed" basis; and
WHEREAS, the City Council deems the proposal submitted by Exxon Office Systems for
lease of such equipment to the City of Lubbock through Citicorp Industrial Credit, Inc.,
to be the best proposal and in the public interest; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor BE and is hereby authorized and directed to execute lease agreements
with Citicorp Industrial Credit, Inc., for Exxon Office Systems equipment, not to exceed
the number of units authorized by the City Council in the annual budget. A copy of the
lease agreement documents to be used is attached hereto and they shall be spread upon the
minutes of the Council and as spread upon the minutes of the Council shall constitute and
be a part of this Resolution as if fully copied herein in detail.
Passed by City Council this llth day of November ) 1982.
JS1 Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
ISI Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Bob Cass
Bob Cass, Assistant City Manager
�* �, �## S 4 IF,
Donald G. Vandiver
Donald G. Vandiver, Assistant City Attorney
82-41A-1449-2198 Consider an ordinance providing for "Updated Service Credit" of the Texas Municipal Retirement
( 38 ) System.
Ordinance No. 8378
Recent amendments in the Texas Municipal Retirement Act allows member cities to adopt
updated service credit and annuity increases on an annual basis. The City adopted updated
service credits in 1980. The City's contribution rate to TMRS is 7.3%.
The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Ordinance
8378 on first reading. Motion carried: 5 Yeas, 0 Nays.
DGV: cl
ORDINANCE NO. 8378
AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL
RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY
QUALIFYING MEMBERS OF SUCH SYSTEM IN THE EMPLOYMENT OF THE CITY OF LUBBOCK; PROVIDING FOR
INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED
RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS.
1450
82-41A-1450-2199 Consider a resolution authorizing the Agreement between the City of Lubbock and the
39 County of Lubbock regarding the relocation of the county road allowing for airport
expansion.
Resolution No. 1261
The City recently acquired additional land east of the.Airport for the purpose of
extending the east -west runway approximately 2400 feqt, This required the closure
of a portion of the County Road 26 (Guava Avenue). Subsequently, the county suggested
that the existing county road going east and west on the north property of the newly
acquired land be extended east another mile and connect with an existing county road
and the county offered to share this expense 50%. The.County has already taken
steps that are necessary for the road closure. This action has met with the approval
of the FAA.
The estimated costs for the project is $120.000.00 of which the County will pay 50%
to include the right-of-way, surveying, and construction. The county will construct
the base at their expense, and the surface will be paid for by the City. The County
will do this work under their paving program, and the City will reimburse the County
for the construction. There is an agreement with the County limiting this city's
share to $69,000.00.
The Airport Advisory Board has reviewed this project and recommends this action to
the Council as a part of the Capital Projects for the Airport expansion and road
relocation funded by the 1982 sale of General Obligation Bonds.
This action requests acceptance of the agreement with the County for 60% of the
costs in relocating the road.
JS/da
RESOLUTION NO. 1261
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock an Agreement between the City of
Lubbock and the County of Lubbock providing for the reimbursement of the County for
the relocation of a portion of County Road 26 which constitutes an airport hazard to
operations at the Lubbock International Airport, which Agreement, 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;
AND BE IT FURTHER RESOLVED:
THAT the Director of Aviation of the City of Lubbock is hereby authorized and
directed to reimburse the County of Lubbock for fifty percent of the cost of relocating
County Road 26 by the construction of two miles of County Road 61 between County
Road 26 and County Road 28, such reimbursement to be made out of the Airport Capital
Project Fund and funds granted to the City of Lubbock by the Federal Aviation Administration
and with the consent and approval of the Federal Aviation Administration.
Passed this lit dlay of November 1982 by the City Council of the City of
Lubbock, Texas.
ISI Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Marvin Coffee
Marvin Coffee, Director of Aviation
APPROVED AS TO FORM:
ISI Joan Sherwin
Joan Sherwin, Assistant City Attorney
STATE OF TEXAS
COUNTY OF LUBBOCK
k
AGREEMENT
This Agreement is entered into by and between the City of Lubbock, Texas and
the County of Lubbock, Texas.
WHEREAS, the City of Lubbock has undertaken the initial phase for the extension
-P 4-1- - - - -47 �1 T..I-I---I- A___-___.'__ - - A
Nov I I 198Z 1451
I
77,
WHEREAS, the City of Lubbock has accepted grants from the Federal Aviation Administratioi
to finance the relocation of a county road and acquisition of land for said runway extension;
and
WHEREAS, the Federal Aviation Administration has designated a one-half mile stretch
of County Road 26 as an airport hazard to planes using the extended east -west runway; and
WHEREAS, Article 46d-15 of the Municipal A ' irport Act declares the elimination of
airport hazards to be a public and governmental function exercised for a public purpose;
and
WHEREAS, Article 46C-2 of the Airport Zoning Regulation Act declares that the elimina
removal, alteration or mitigation of existing airport hazards are public purposes for
which political subdivisions may expend public funds; and
WHEREAS, the Interlocal Cooperation Act, Article 4413 (32c) V.A.C.S., authorizes
agreements between counties and cities for the performance of any governmental function
which both parties to the agreement are legally authorized to perform; and
WHEREAS, on September 13, 1982, the Court of Commissioners of Lubbock.County ordered
the closing of the North one-half mile of County Road 26 extending from its intersection
with County Road 62 and the relocation of said County Road 26 by construction of two miles
of County Road 61 from County Road 26 to County Road 28, which newly constructed County
Road 61 will be of the same class of county road as County Road 26 and constructed in
accordance with Lubbock County standard specifications; and
WHEREAS, the Commissioners Court of Lubbock County has adopted a resolution authorizing
Commissioner Dunn to execute any documents necessary to effect the agreement with the City
of Lubbock for relocation of County Road 26.
WHEREAS, the County of Lubbock will accept a reimbursement by the City of Lubbock for
the cost of relocating County Road 26 as being one-half the costs of surveying, right of
way acquisition, and construction of the said two miles of County Road 61 from its intersectic
with County Road 26 to County Road 28; and
WHEREAS, the City's share of the estimated cost of the construction of two miles of
County Road 61 for the purpose of connecting County Road 26 to County Road 28 is less than
the estimated cost of implementing alternative plans for the relocation of County Road 26;
and
WHEREAS, the Federal Aviation Administration has considered and approved the proposed
plan for construction of two miles of County Road 61 as a method of eliminating the Airport
hazard that now exists because of the location of County Road 26; and
WHEREAS, the City Council of the City of Lubbock finds that the elimination of said
airport hazard is a necessary public safety measure;
M
NOW THEREFORE, the City of Lubbock agrees to reimburse the County of Lubbock for the
elimination of an airport hazard that exists by virtue of the location of a one-half mile
stretch of County Road 26, which is that portion of said County Road beginning at the
intersection of County Road 26 and County Road 61 and continuing South for approximately
one-half mile along the western section line of Section 43, Block A, Lubbock County,
Texas.
The City of Lubbock further agrees that such reimbursement shall be made from current
funds and shall be equal to one-half the cost for surveys, acquisition of right of way and
construction of two miles of County Road 61 connecting County Road 26 to County Road 28,
provided however, that the City of Lubbock is not obligated under the terms of this agreement
to pay to the County of Lubbock more than $69,000 or one-half of such costs whichever is
the lesser amount, and that any expenditures on the part of the City in excess of $69,000
must be authorized by further action of the City Council of the City of Lubbock.
III.
The County of Lubbock agrees that the two miles of County Road 61 are to be constructed
as a relocation of that portion of County Road 26 that constitutes an airport hazard to
operations at the Lubbock International Airport, that the surveying, right of way acquisition
and construction of such road shall be the sole responsibility of Lubbock County, that
such construction shall be performed according to Lubbock County standard specifications,
1632
and that the road to be constructed shall be of no higher classification than the
class of the county road which must be relocated.
ATTEST: CITY OF LUBBOCK
/S/ Evelyn Gaffga BY: /S/ Bill McAlister
Evelyn Gaffga, City Secretary- BILL McALISTER, MAYOR
Treasurer
APPROVED AS TO CONTENT:
/S/ Marvin Coffee
Marvin Coffee, Director of Aviation
APPROVED AS TO FORM:
/S/ Joan Sherwin
Joan Sherwin, Assistant City Attorney
ATTEST: COUNTY OF LUBBOCK
BY:
FRANKLIN DUNN, COMMISSIONER
OF PRECINCT NO. 3
APPROVED AS TO FORM:
Yvonne Faulks, Asst. District Attorney
Approved and consented to by the Federal Aviation Administration
82-41A- 1452-2200 Consider a resolution authorizing a Lease Agreement with Texas International Airlines
40 for fuel storage facilities at Lubbock International Airport.
*Copy of plat if filed Resolution No. 1262
w/ Reso. Texas International has taken over Continental Airlines' opertions. A portion of
the Continental Lease Agreement was a land lease for the fuel storage facilities at
the Airport. This lease is for a five-year period, beginning June 1, 1982 and
ending May 31, 1987, with a five-year option renewal at a rate of $50 per month,
0
which is the minimal rental rate.
The Airport Board recommends approval of this item. The motion was made by Councilman
Brown, seconded by Councilman Aderton to approve Resolution No. 1261 and Resolution
No. 1262, referenced above. Motion carried: 5 Yeas, 0 Nays.
JI,IS:mck
RESOLUTION NO. 1262
WHEREAS, Texas International Airlines, Inc., has requested a lease for land at
the Lubbock International Airport for use as an underground fuel storage facility;
and
WHEREAS the Airport Board of the Lubbock International Airport has considered
said request and recommends this land lease to the City Council of the City of
Lubbock for their consideration; and
WHEREAS, the City Council finds that the granting of this land lease to Texas
International Airlines, Inc., will serve the public interest; 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 non -aeronautical lease with
Texas International Airlines, Inc., for land to be used as a fuel storage facility
at the Lubbock International Airport, a copy of which lease, attached herewith shall
1.45 3
be spread upon the minutes of the City Council and as spread upon the minutes of this
Council shall constitute and be a part of this Resolution as if fully copied herein in
detail.
Passed by the City Council this
ATTEST:
llth
day of November , 1982.
/S/ Bill McAlister
BILL McALISTER, MAYOR
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Marvin Coffee
Marvin Coffee, Director of Aviation
/S/ Joan Sherwin
Joan Sherwin, Assistant City Attorney
STATE OF TEXAS §
COUNTY OF LUBBOCK §
KNOW ALL MEN BY THESE PRESENTS:
NON -AERONAUTICAL LEASE AGREEMENT
THIS AGREEMENT, entered into at Lubbock, Texas, by and between the CITY OF LUBBOCK,
hereinafter referred to as "LESSOR", and TEXAS INTERNATIONAL AIRLINES, INCORPORATED, a
Texas Corporation, hereinafter referred to as "LESSEE",
WITNESSETH:
WHEREAS, LESSOR owns and operates a public airport designated as LUBBOCK INTERNATIONAL
AIRPORT herein called "AIRPORT", and
WHEREAS, the LESSEE desires to use the following described tracts of land for the
purpose of operating, maintaining and using an underground fuel storage tank farm and has
requested a lease to use said property for such purposes;
ARTICLE I
NOW THEREFORE, for and in consideration of the covenants and conditions herein contained
and other valuable consideration the LESSOR authorizes the LESSEE to exercise the rights,
powers and privileges hereinafter set forth and does hereby lease to the LESSEE the premises
hereinafter described and being:
A tract of land located on the Lubbock International Airport, Lubbock County,
Texas, which tract is shown and more specifically described on Exhibit "A" attached
hereto and made a part hereof by this reference.
The original term of this agreement shall be for a period of 5 years, commencing upon
June 1, 1982 and ending May 31, 1987. LESSEE shall have the option to extend this agreement
for one five (5) year period. Such option must be exercised in writing at least ninety
(90) days prior to expiration date of the original term. If the LESSEE desires to exercise
said option, the rental rate shall be in accordance with the calculations as set forth
herein plus CPI Index Increases.
ARTICLE II
In consideration of the rights and privileges herein granted, LESSEE shall pay to the
LESSOR a ground rental of SIX HUNDRED DOLLARS ($600.00) per year, commencing on June 1,
1982; LESSEE shall pay to LESSOR the rents set forth herein in monthly payments in advance
by the tenth day of each month, throughout the term of this Lease, such payments being
FIFTY DOLLARS ($50.00) per month.
The parties hereto mutually agree that. the rental rates set forth above shall be
adjusted upward or downward for each ensuing year beginning January 1, 1983 in direct
proportion to the fluctuation of the U.S. Department of Labor, Bureau of Labor Statistics
Consumer Price Index. For the purpose of computing all adjustments, the Bureau of Labor
Consumer Price Index as of January 1, 1982 shall be construed as the base period.
ARTICLE III
This lease is granted subject to the following provisions and conditions:
1. The lease herein granted is subject to any and all applicable laws, ordinances,
rules and regulations pertaining to the Lubbock International Airport.
2. LESSOR reserves the right to take any action it considers necessary to protect
the aerial approaches of the Airport against obstruction, together with the right to
prevent LESSEE from erecting or permitting to be erected any building or other structure
on the Airport which in the opinion of LESSOR would limit the usefulness of the Airport or
constitute a hazard to aircraft.
3. During the time of war or national emergency the LESSOR shall have the right to
enter into an agreement with the United States Government for military or naval use of
part or all of the landing area, the publicly owned air navigation facilities, and other
area or facilities of the Airport. And if any such agreement is executed, the provisions
of this instrument, insofar as they are inconsistent with the provisions of the agreement
with the Government, shall be suspended.
4. This agreement shall be subordinate to the provisions of any existing or future
agreement between the LESSOR and the United States relative to the operation and maintenance
of the Airport, the execution of which has been or may be required as a condition precedent
t- ,-1— o A4 f , -o -F -F-A - 1 -F , A� -F - i-1 o Ao< 1,,,,m t- -F a-ho e;,-,,, f-
14,54
5. All rights, privileges and interests acquired herein by LESSEE at the
option of the LESSOR, following written notice of thirty (30) days, may be suspended
if such suspension is found by the LESSOR, acting in good faith, to be necessary to
secure federal financial aid for the development of the Airport, or further development
and provisions of aeronautical operations thereon.
6. The LESSEE agrees that this Lease is granted for the purpose of providing
aircraft fuel storage and fueling facilities for the use of the LESSEE or it's agent
in the fueling of LESSEE'S aircraft as an essential part of LESSEE'S operation of a
scheduled airline. Nothing herein contained shall be construed as granting the
LESSEE the right to engage in a separate fueling business for others.
7. The LESSEE shall not make, permit, or suffer any subsequent additions,
improvements or alterations to the property without prior written consent of the
LESSOR. Any such additions, improvements or alterations made with the consent of
the LESSOR shall be solely at the expense of the LESSEE and unless such consent
provides specifically that title to the addition or improvements so made shall vest
in the LESSEE, title thereto shall at all times remain in the LESSOR and such additions
or improvements shall be subject to all terms and conditions of this instrument.
The LESSEE agrees to hold the LESSOR harmless from mechanic's and materialman's
liens arising from any additions, improvements, repairs or alterations effected by
the LESSEE. It is hereby acknowledged that title to the equipment and structures
currently located on the property as of this date is vested in, and shall remain
vested in, LESSEE, and said buildings may be removed by the LESSEE at the expiration
or termination of this lease agreement; provided, however, that LESSEE is not in
arrears in any rental or utility payments to the LESSOR, and provided further, that
the LESSEE shall restore the premises to the same condition existing at the commencement
of this lease, normal wear and tear and damage by the elements excepted.
8. The LESSOR, acting by and through the Director of Aviation or other
designated representative shall have the right to inspect the property at all
reasonable times during the term of this lease.
9. The LESSEE agrees that it will at all times during the term of this lease
maintain in good and serviceable condition all land, improvements, facilities and
equipment included herein, ordinary wear and tear excepted, such maintenance to be
the sole responsibility and obligation of the LESSEE.
10. Except as provided herein, any property of the LESSOR, or for which the
CITY OF LUBBOCK may be responsible, which is damaged or destroyed incident to the
exercise of the privileges herein granted shall be properly repaired or replaced by
the LESSEE to the satisfaction of the LESSOR and its authorized representatives, or
in lieu of such repair or replacement, the LESSEE shall, if so required by the
LESSOR, pay to the LESSOR money in any amount deemed sufficient by the LESSOR to
compensate for the loss sustained by the LESSOR by reason of the loss of, damage to,
or destruction of such property.
11. The LESSEE agrees to indemnify, defend and forever save the LESSOR, its
authorized agents, representatives and employees, harmless from and against any and
all penalties, liability, annoyances, or loss resulting from claims or court action
of any nature arising directly or indirectly out of any acts or omissions of the
LESSEE, its agents, servants, guests, employees or business visitors under this
agreement.
12. The LESSEE shall maintain at all times, at its sole expense, insurance
with an insurance underwriter acceptable to the LESSOR and from one authorized to do
business in the State of Texas, against claims of public liability and property
damage resulting from LESSEE'S business activities at the Airport. The amount of
insurance coverage shall be not less than ONE HUNDRED THOUSAND DOLLARS ($100,000)
for property damage as a result of any one event, or less than ONE HUNDRED THOUSAND
DOLLARS ($100,000) for personal injury or death of any one person in any one event;
or less than THREE HUNDRED THOUSAND DOLLARS ($300,000) for personal injury or death
of two or more persons in any one event. Certificates of insurance or other satisfactory
evidence shall be filed with the City Secretary prior to entry upon the premises by
the LESSEE. Each policy shall name the LESSOR, CITY OF LUBBOCK, as an additional
insured as its interest may appear. Each policy shall provide "It is agreed that
insurer shall notify the CITY OF LUBBOCK, TEXAS, of any alteration, renewal or
cancellation of this policy and that this policy shall remain in full force and
effect until ten (10) days after such notice is received by the Director of Aviation.
13. LESSEE shall furnish to the LESSOR satisfactory evidence that it carries
Workmen's Compensation Insurance in accordance with the laws of the State of Texas.
14. The LESSEE shall assume responsibility for the payment of all taxes and
assessments and public utility charges becoming due on the property from the date of
execution of this agreement. The LESSEE agrees to pay all claims or damages for or
on account of water, lights, heat, power, sewage disposal, and any other services or
utilities furnished to or with respect to the property or any part thereof. The
LESSOR does not guarantee to furnish utilities or utility services in the future.
In the event utility service is not furnished for reasons other than repair or
installation of lines or non-payment of charges, LESSEE shall have the option to
cancel this lease upon thirty days notice to the LESSOR.
15. Within 30 days following the date of expiration or termination of this
agreement, the LESSEE shall as required by the LESSOR, vacate said premises, remove
all property of the LESSEE and restore the land, improvements, facilities and equipment
included herein to as good condition on such date of expiration or termination as
when received, ordinary wear and tear excepted. If the LESSEE shall fail or neglect
to remove said property and so restore the land, improvements, facilities and equipment
included herein, within 30 days of said expiration or termination, then at the
option of the LESSOR said property shall either become the property of the LESSOR
without compensation therefor or the LESSOR may cause the property to be removed,
the land, improvements, facilities and equipment included herein to be restored at
the expense of the LESSEE and no claim for damages against the LESSOR or its officers,
agents, or employees shall be created or made on account of such removal and restoration.
16. The LESSEE, its agents and employees will not discriminate against any
person or class of persons by reason of sex, race, color, creed or national origin
in providing any services or in the use of any of its facilities provided for the
-..1- 1 1 - 4- - - - - - - - - - - 1-41,4+-A I— +1 r1,A-1 A-;,F4-- T1 TVQQVr
1455
demand that the LESSOR take in order to comply with the Sponsor's Assurances given by the
CITY OF LUBBOCK.
LESSEE agrees to not discriminate against any employee or applicant for employment
because of age, race, creed, color, sex or national origin. The LESSEE agrees to take
affirmative action to insure that applicants are employed and that employees are tested
during employment without regard to their age, race, creed, color, sex or national origin.
Such action shall include, but not be limited to employment, upgrading, demotion, or
transfer, recruitment, layoff, rates of pay or other forms of compensation, and selection
for training, including apprenticeship.
The LESSEE will conduct its activities and operate its facilities in accordance with
the requirements of Section 504 of the Rehabilitation Act of 1973 and will assure that no
qualified handicapped person shall, solely by reason of his or her handicap be excluded
from participation in, be denied the benefits of, or otherwise be subjected to discriminatioi
including discrimination in employment, under any program or activity of the LESSEE.
17. The LESSEE warrants that it has not employed any person employed by the LESSOR
to solicit or secure this Lease Agreement upon any agreement for a commission, percentage,
brokerage, or contingent fee.
18. Except with prior written consent of the LESSOR the LESSEE shall not sublet any
part of the premises or assign this lease or any of its rights hereunder.
19. The failure of the LESSOR to insist in any one or more instance upon performance
of any of the terms or conditions of this lease shall not be construed as a waiver or
relinquishment of the future performance of any such term or conditions but the LESSEE'S
obligation with respect to such future performance shall continue in full force and effect.
20. The obligation of the LESSEE to maintain the property to the satisfaction of the
LESSOR or its representative and to restore the same to its present condition shall extend
not only to the property hereinabove described but to the adjacent streets and roadways
used for ingress and egress to said property, except for ordinary wear and tear occasioned
by normal and customary uses.
21. LESSEE shall provide a complete and proper arrangement for the adequate sanitary
handling and disposal away from the Airport, of all trash, garbage and other refuse caused
as a result of the operation of its business at its sole expense.
22. LESSEE agrees that the LESSOR shall have, and it hereby grants the LESSOR a lien
on all LESSEE'S property of whatsoever nature placed in or upon the premises, to guarantee
the payment of any and all arrearages. LESSEE agrees to execute a Uniform Commercial Code
financing statement form approved by the Secretary of State of Texas and describing LESSEE'S
property subject to LESSOR'S lien herein granted.
23. In the event LESSEE remains in possession of the Leased Premises after the
expiration of this Lease Agreement without any written renewal or extension of this Lease,
such holding over shall not be deemed as a renewal or extension of this Lease, but shall
create only a tenancy from day to day which may be terminated at any time by LESSOR.
ARTICLE IV
This agreement is subject to termination for the reasons set forth below, provided
that 30 days written notice is given to the non -terminating party.
A. The LESSEE may terminate upon the happening of any of the following:
1. The permanent abandonment of the Airport as an air terminal.
2. The issuance by any court of competent jurisdiction of an injunction in
any way preventing or restraining the use of the Airport and the remaining in force of
such injunction for at least thirty (30) days.
3. The breach by the LESSOR of any of the terms, covenants or conditions of this
agreement to be kept, performed and observed by the LESSOR, and the failure of the LESSOR
to remedy such breach for a period of sixty (60) days after written notice from the LESSEE
of the existence of such breach.
4. The assumption by the United States Government, or any authorized agency of
same, of the operation, control or use of the Airport and its facilities in such a manner
as to substantially restrict the LESSEE from operating under the terms of this agreement,
if such restriction is to continue or has continued for a period of three (3) months or
more.
The LESSOR may terminate upon the happening of any of the following:
1. If the LESSEE shall file a voluntary petition of bankruptcy; or, if the proceeding
in bankruptcy shall be instituted against it and it is thereafter adjudicated a bankrupt
pursuant to such proceedings; or if a court shall take jurisdiction of LESSEE and its
assets pursuant to proceedings brought under the provisions of any federal reorganization
act; or if a receiver for LESSEE'S assets is appointed; or if LESSEE shall be divested of
its rights, powers and privileges under this agreement by other operation of law.
2. If the LESSEE shall abandon and discontinue operations under this agreement.
3. If the LESSEE shall default in or fail to make any payments at the time and in
the amounts as required of it under this Agreement.
4. If the LESSEE shall fail to perform, keep and observe all of the covenants and
conditions contained in this agreement to be performed, kept and observed by it.
5. If the LESSEE shall fail to abide by all applicable laws, ordinances and rules
and regulations of the United States, State of Texas, City of Lubbock, or Director of
Aviation of the City of Lubbock.
6. If LESSOR, acting in good faith, finds termination of the rights, privileges and
interests of LESSEE acquired under this Lease to be necessary to secure Federal Financial
aid for the development of the Airport, or further development and provisions of aeronautica
operations thereon.
ARTICLE V
1. Notices to the LESSOR required or appropriate under this lease shall be deemed
sufficient if in writing and mailed by registered mail with postage prepaid to the Director
of Aviation, Lubbock International Airport, Route 3, Box 201, Lubbock, Texas 79401.
Notices to the LESSEE required or appropriate under this lease shall be deemed sufficie
if in writing and mailed by registered mail with postage prepaid to TEXAS INTERNATIONAL
AIRLINES, INCORPORATED, P.O. Box 12788, Houston, Texas, 77017.
2. LESSEE'S registered agent for service of legal process in the State of Texas is
C. T. Corporation System. Such registered agent may be served at LESSEE'S registered
office at 811 Dallas Avenue, Houston, Texas, 77002.
3. Should LESSOR institute legal action to collect rentals due under this lease
agreement or damages for breach of any covenant made herein, a reasonable sum shall be
added to the amount of recovery for attorney's fees together with all costs of court.
1456
Nov
4. Both parties hereby agree that this instrument constitutes the final
agreement of the parties and that all other previous agreements, leases, and contracts
between the parties which pertain to the property described herein are hereby declared
null and void.
CITY OF LUBBOCK, TEXAS
BY: /S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Marvin Coffee
Marvin Coffee, Director of Aviation
APPROVED AS TO FORM:
/S/ Joan Sherwin
Joan Sherwin, Assistant City Attorney
ATTEST:
/S/ Job Miller
Secretary
LESSEE:
TEXAS INTERNATIONAL AIRLINES, INC.
BY: /S/ Sam & Ashmore
TITLE: Vice President -Properties & fuel Mgmt.
82-41A-1456-2201 Zone Case 1842-A
16
Request of Philip W. Johnson (for Trinity Church of Lubbock, Inc. to ' change tracts F
*Pub's Affidavit and G, Caprock Addition from R-2 to A-2 zoning district, located north of Loop 289
on pg. 1458 and east of Elgin Avenue.
The Planning and Zoning Commission recommends that this request be approved, subject
*No site plan submitted to the following condition:
a. That it be limited to church and church related uses.
In accordance with notice published on October 27, 1982 in the Lubbock Avalanche
Journal, a public hearing was held on the above matter.
Ordinance No. 8377
Proponent: Phil Johnson, on behalf of Trinity Church of Lubbock,
Inc.
Opponent: Charlie Measures, 2907 - 69th
When Trinity Church was initially built, this was an R-2 tract, which was permissible
for churches. Under the 1975 Zoning Ordinance, churches were required to go A-2
districts, thus making the building non -conforming. The proponent would like to zone
it A-2 and place the church in a conforming position and would also eliminate the
necessity of appearing before the Zoning Board Administration for every expansion or
alteration to the premises. The primary concern of the surrounding neighbors was an
A-2 classification would allow apartments to be built on the site, however the Planning
Commission restricted the A-2 zoning to church and church -related uses. Existing
land use relationships are R-2 family on the North, Loop 289 on the South, R-1 zoning
on the east, and A-2 zoning on the West, which is part of the church tract.
The proposed expansion is primarily for classrooms, which would not require additional
parking since the parking is based on the auditorium capacity. The Comprehensive Land
Use Plan requires churches to be on the periphery of neighborhoods and adjacent to
major thoroughfares to avoid heavy traffic into residential areas. Recently the
church purchased a tract to the West which has been cleaned up and the site improved;
on this tract is located a playa lake.
Mr. Measures appeared and filed his letter of complaint attached to the ordinance to
the effect that A-2 would allow apartment or apartment -like building and in the event
0
the church built a school with dormitories, that would be comparable to apartment -
like structures, which the neighborhood is opposed to.
In the staff report, Mr. Bertram responded to Mr. Measures' concern to the effect
that the expansion would allow for classrooms, or a parsonage, but the A-2 zoning
�J,457
will have a great deal of open space on the tract to the west because of the playa lake,
which is below the high water mark, and it is not permissible to fill and expand on top of
that area totally.
There being no further opposition or discussion, the hearing was closed.
The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to uphold the
Planning and Zoning Commission and pass Ordinance No. 8377 on first reading, granting the
request of Trinity Church of Lubbock, Inc., subject to the condition that it be related to
church and church -related uses; that it be understood that these church uses exclude
apartments or dormitories. Motion carried: 5 Yeas, 0 Nays.
Mayor Pro Tem Henry then made the comment that the proponent should be commended for
cleaning up the playa lake area and making it aesthetically acceptable.
SMH/mck
ORDINANCE NO.8377
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. 1842-A; TO CHANGE TRACTS F AND
G, CAPROCK ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 TO A-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.
82-41A-1457-2202 Zone Case 2382
17 )
Appeal of J. R. Blumrosen (for H. Deane Pierce) for a Specific Use Zone Change, from A-1
*Pub's Affidavit to AM Specific Use Permit under provisions of Sec. 22.3-20-3 of the.Zoning Ordinance for
on pg. 1458 professional offices on the east 63' of Lots 8, 9 and 10, Block 13, Overton Addition,
located at 1807 - 13th St.
The Planning and Zoning Commission recommends that this request be denied.
In accordance with notice published on October 27, 1982 in the Lubbock Avalanche Journal,
a public hearing was held on the above matter.
(The Council was advised by Mr. Ross that inasmuch as this is an appeal of the Planning
and Zoning Commission's decision, it will require a 4/5ths vote.)
Proponents: J. R. Blumrosen, attorney
Deane Pierce
Mr. Blumrosen introduced Mr. Pierce who represented himself on his initial presentation.
Mr. Pierce made a lengthy background presentation to the effect that he purchased his
first piece of property at 1811 -13th Street, in 1963, going through the required procedures
to open his interior decorating and architectural office operation at this address.
Subsequently, in 1971 he bought additional properties at 1807 - 13th from the estate of
Bill Clark, assuming that Mr. Clark had initiated the appropriate zone changes. This new
acquisition was for the purposes of doing some of his interior decorating work in the
premises, i.e., assembling of draperies, and related matters. It was in January of 1982
while appearing before the Council on behalf of Mr. Louis Murfee that it came to everyone's
attention that he was in violation of the zoning in the Overton South addition and was
promptly cited for these violations by the City Inspector. This request is an appeal from
the Planning and Zoning Commission for the continuance of an interior design and architectur
business, requesting an AM Specific Use under the ordinance prior to 1975. Planning and
Zoning denied this request on a four -to -three vote.
The adjacent land uses are AM Specific Use professional offices on the North, (presently
under litigation), A-1 zoning for apartments and used for apartments on the South; A-1
zoning and used for single-family residences on the East, and A-1 zoning used for professi
offices on the West.
There is a line of demarcation between commercial development and residential development
stipulated at Avenue R, and it is the position of the Overton South Neighborhood Association
that if variances continue to be granted, the domino effect will jeopardize the stability
of the entire residential area.
Opponents: Carolyn Jordan, attorney on behalf of Overton South
Neighborhood Association
Ted Hogan, resident of Overton South
Nancy Hargesheimer
All of the above referenced opponents cited the various peripheral violations that have
encroached upon their residential area, the last decision of the Council in the case of
Louis Murfee zone request being the latest encroachmen t and considered to be a great
mistake on the part of the residents in the Overton South Addition. Following their
testimony of objection and rebuttal by the proponents, Mr. Bertram reminded the Council
that it does require 4/5ths vote; that even though Mr. Pierce, either knowingly or unknowingli
has used this location for his professional offices, he has been in violation under the
Zoning Ordinance.
After extensive discussion and rebuttal, the hearing was closed.
The motion was made by Councilwoman Baker, seconded by Councilman Aderton that because
Deane Pierce was sincere in his efforts at being legally in business and because his
professional offices are an asset to the neighborhood, that he be allowed to continue and
the decision of Planning and Zoning be overturned. The motion carried: 3 Yeas, 2 Nays
(McAlister and Henry). Therefore, the appeal of Mr. Deane Pierce failed to carry the
F
1458
M*
THE: STATE. OE TEXAS
COUNTY Oh' LUBBOCK
Before me Bonnie McKee a Notary Public in and for Lubbock Coun
personally appeared Twi I a Aufi I 1 + Account Manager of the S
pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning. E,veni
being by me duly sworn did depose and say that, said newspaper has been published c
than fifty-two weeks prior to the first insertion of this _Legal Notice-289
word-$86.70 No, 608119 at Lubbock County. Texas a'
ed copy of the Notice is a true copy of the original and was P
Avalanche -Journal on the following dates: October 279 1982.
Account Manager
LUBBOCK AVALANCHE -.JOURNAL,
Southwestern Newspapers Corporation
Subscribed and sworn to before me this 27th day of October
FORM 58-10
19 82
*YGY Srl &°S AI'PT;1Ar7l includes the ollowing items.
Item No. 82-41A-1456-2201
( 16 )
Item NO. 82-41A-1458-2202
( 17 )
82-41A-1458-2203 Hold a public hearing on the application of Texland Petroleum, Inc. for an oil and
( 14 ) as drilling permit, located north of Va a Lane and west of Manioca Road, designated
as L. Edwin Smith #3.
*Pub's Affidavit
on pg. 1459 In accordance with notice published on October 27, 1982 in the Lubbock Avalanche
Journal, a public hearing was held on the above matter.
Proponent: Dub Bratcher, attorney on behalf of Texland Petroleum,
Inc.
Opponents: G. A. Huskey
John Bauman
Sherry Ellsasser, 711 Yucca Lane
Lindy Loftis
Cleo Teel
Lisa Hainsworth
Dick.Pierce
This application was filed October 25, 1982 after withdrawing the first
application which was withdrawn by proponents because the nearby residents
and proponent could never agree on the type of landscaping at the previous
location.
This well site is located north of Vega Lane and west of Manioca Road and is within
400' of Mr. Huskey's property (Lot 100) and 600' within Dr. Ellsasser's property.
The existing use of the tract is farmland and the proposed storage site is on Drake
at the railroad tracks. The proponent proposes to do no landscaping at the well site
or at the storage site; the proponent requests the use of earthen pits and the
application states that the mud disposal will be in Terry County. Access to the
well site is from U.S. 87 on Yucca Lane. Proponent indicated that all within the 40
acre tract was under lease to Texland with the exception of Mr. Huskey. Proponent
indicated that there was some concern expressed by Ms. Ellsasser as to the fresh
water wells which the Ellsassers have, and would proponent be willing to put in a
double surface casing up to 1600' in order to alleviate any concern that the residents
might have as to damage to their fresh water supply.
Some of the points the opponents made in their testimony was that the roads were not
suitable for heavy-duty traffic and servicing of the well, i.e., Yucca Lane, as they
are only black -topped without curb and gutter and would prefer that they enter from
Drake Street, if the well site is approved; Mr. Huskey indicated he preferred that
the well be located several hundred feet north in order to remove it from his line
1459
Nov i t 19e2 I
F_
I
F],
entrance into the well from the west using a turn row that is already there in place; in gene
Mr. Huskey requested the permit be denied, and in the alternative, to relocate it west and no
inasmuch as the present proposed site is objectionable to the immediate neighborhood; and to
specify the type of landscaping required. The other comments made by the opponents spoke to
concern of damaging or polluting the fresh water supply; that the decisions are making this
residential area nothing but an oilfield; that there is pollution to the air by the constant
truck traffic throughout the drilling procedures; that there needs to be extensive landscapin
if in fact the permit was granted, something similar to a six-foot Fern. In response to thes
comments, Mr. Bratcher asked for an alternate route into the well site in the event of inclen
weather inasmuch as the turn row that they are being requested they use is impassable.
The staff's comments reflected that the short term impacts are the same as any drilling opera
that being of dust, noise, and heavy equipment affecting the traffic flow off of Yucca Lane a
Manioca Road; that there will be an oil equipment operation at the front door of some of
the residential homes, and it was recommended by the staff that proponent use a hydraulic
pump, a proposed flyer being circulated for their consideration which not only is more
sightly, but less noisy. The long term impacts remain the same as previous permits granted
that are located adjacent to or in a neighborhood or residential development area. The
discussion that ensued between the proponents, and the opponents, with comments interspersed
by the Council, reflected open hostility toward Texland and strong feelings against the
Council inasmuch as some of the opponents had had their application for an oil well by
Sentury denied earlier which was in a close proximity to the one that Texland is requesting;
that their leases with Sentury had lapsed and Texland had not expressed any interest in
offering them any of this operation when, in fact they will be "sucking up" their oil
because of the close proximity to their properties.
Mr. Bratcher responded to the staff comment regarding the hydraulic pump and indicated
that Texland was not prone to use it inasmuch as it was inferior equipment when compared
to the traditional pump jack and required lots of maintenance as well as would not pump
the flow to which they are accustomed; that for more shallow pumps, it possibly would be
very applicable, but not for Texland's purposes.
In response to the Council query about them relocating the well site to be more in keeping
with the residents' request, Mr. Bratcher was adamant about complying with this request.
Then ensued considerable discussion about the type of landscaping and the extent of the
landscaping inasmuch as this was the obstacle with the previous application for this well
site and the Texland folks were wanting specifics for the record.
Following all the discussion, the hearing was closed.
t
THE STATE OF TEXAS'
COUNTY OF LUBBOCK
Before me Bonnie McKee a Notary Public in and for Lubbock C
v
personally appeared Twi I a Aufi I 1 + Account Manager of th
a-
pers Corporation, publishers of the Lubbock Avalanche -.Journal — Morning, Ev
o
being by me duly sworn did depose and sav that said newspaper has been publishe r
re
than fifty-two weeks prior to the first insertion of this Legal Notice-146
_
word-$43. 80 No. 608124 at Lubbock Countv. Texas
�E i rint-
ed copy of the Notice is a true copy of the original and wa'e
i' E bbock
Avalanche -.Journal on the following dates:
K6109
Account Manager
LUBBOCK AVALANCHE -JOURNAL,
Southwestern Newspapers Corporation
Subscribed and sworn to before me this 27t h day of 0 e t n h e r 1982_
FORM 58-10
82-41A-1459-2204 _ Consider granting Oil and Gas Drilling Permit to Texland Petroleum, Inc. for well site
( 15 ) designated as L. Edwin Smith #3.
The motion was made by Councilman Aderton to grant the permit in accordance with the
recommendations of the staff, with the exception that the proponents shall not use any
hydraulic petroleum extraction system for the production of the well; that there be appropri�
landscaping in accordance with the request of the property owners and that the truck route
use the turn row giving access from the west side of the proposed well site with the
provision that Yucca Lane and 11anioca Road could be used in inclement weather. Councilman
Brown said he would second the motion provided there were some amendments to these stipulatic
to which Councilman Aderton agreed, thus the final decision being:
al,
th
he
t
ion
:e
NOV 111982
and that a double surface casing to the extent
of 1600' be used as a protection against pollution
of the fresh water system in this area.
(2) The drilling operation shall utilize steel
sludge reserve pits.
(3) The proponent shall make every attempt to deliver
materials, supplies, and equipment between 7:00 a.m.
and 7:00 p.m..
(4) The proponent shall landscape on the north, south,
and east sides of the well site in accordance with
section 19A-6 (A) (8).
(5) The proponent shall meet all other conditions of
section 19A of the Lubbock Code and those specifications
indicated within the application and permit of L.
Edwin Smith #3.
(6) That access to the the well site be from the
west utilizing a turn row now in place and that
the alternate truck route of Yucca Lane and Manioca
Road be permitted during inclimate weather.
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 Texland Petroleum, Inc. for the drilling of an oil and gas well known as the L. Edwin
Smith No. 3 to be located on the site and in the production unit indicated on the amended
application attached laereto and mace a part hereof by reference for all kurposes.
Texland Petroleum, Inc. hereinafter referred to as PERMITTEE, hereby agrees that each
provision of Chapter 19A of the Code of Ordinances of the City of Lubbock will be complied
with and that this permit is issued contingent upon such compliance. Chapter 19A of the
Code of Ordinances of the City of Lubbock is by reference incorporated herein for all
purposes and shall have the same force and effect as if copied verbatim herein.
This permit is granted for a period of one hundred and 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 nineth (90) days, of oil or gas is
produced in commerical quantities from the well drilled. If at any time after discovery
oil or gas the production thereof in commercial quantities shall cease, the permit shall
not expire if the permittee commence additional reworking operations within one hundred
and eighty (180) days thereafter, and if they result in the production of oil and gas,
so long thereafter as oil or gas is produced in commercial quantities fron, such well.
This permit is granted subject to the following conditions:
1. The first series of surface casing shall be set when drilling of L. Edwin Smith
No. 3 reaches a depth of 400 feet. No hydrocarbon lubricant (waste oil) shall
be used to free -up the hole during drilling until surface casing is set for a
minimum depth of 400 feet.
2. The permittee shall utilize steel sludge reserve pits.
3. The permittee shall make every attempt for delivery of materials, supplies and
equipment to be made between 7:00 a.m. and 7:00 p.m(.
4. The permittee shall landscape the south, east and north sides of the well site
in accordance with Section (19A-6(A) (3) of the Lubbock Code of Ordinances.
5. Truck access to the drill site shall be from the north through the Smith tract
when weather permits. Yucca Lane, straight west to the drill site, shall be
used during inclement weather.
1/4 63.
Nov 11982
6. The permittee shall meet all other conditions of Section 19A and those specifica
indicated within the application for L. Edwin Smith No. 3.
The Well drilled pursuant to this permit shall not exceed a depth of 5,300.feet.
The bond and insurance as required by Chapter 19A of the Code of Ordinances of the City
of Lubbock has been heretofore submitted by the PERMITTEE, and are hereby approved.
PERMITTEE agrees to save harmless the City of Lubbock from and against all claims, suits
damages or losses in any manner arising out of or connected with the drilling and/or operatiol
of this oil and gas well.
GRANTED this 29th day of November 1982.
ATTEST:
ISI Lusan Brooks
APPROVED AS TO CONTENT:
/S/ Jim Bertram
Jim Bertram, Assistant City Manager
APPROVED AS TO FORM:
/S/ Susan M. Horton
Susan M. Horton, Assistant City Attorney
The Council recessed at 12:30 P.M. for lunch.
The Council reconviened at 2:50 P.M.
CITY OF LUBBOCK
/S/ Larry J. Cunningham
Larry Cunningham, City Manager
TEXLAND PETROLEUM, INC.
/S/ R. J. Schumacher
R. J. Schumacher, President
%-41A-1461-2205 Consider a resolution authorizing the Mayor to sign agreements for certain insurance
41 policies.
*Interlocal Agreement Resolution No. 1263
& Comparison Report
is filed w/Reso. The Council was apprised at the Work Session of the content and type of insurance proposed
(property damage and professional liability) and that bids were open on October 28, regarding
this matter.
There were five bids received for property insurance coverage and it was the recommendation
of the staff that the Sanford Agency with Commonwealth of Lloyds as a carrier be awarded
the property insurance contracts for the period of November 15, 1982 - October 1, 1985
with a premium payment option F(C) as stated in the bid proposal.
Regarding the liability insurance coverages, which include comprehensive general liability,
1462
82-41A-1462-2206
( 42 )
82-41A-1462-2207
( 43 )
five bids were received on all the coverages except the public officials professional
liability of which only one bid was received for this coverage. It is the recommendation
of the staff that the Texas Municipal League Joint Self Insurance Fund with Employers
Casualty Company be the servicing contractor and Twin City/Old Republic be the
umbrella carrier of November 15, 1982 - October 1, 1983.
The motion was made by Councilman Brown, seconded by Councilman Aderton to pass
Resolution No. 1263 awarding the above referenced contracts for the stated insurance
coverage. Motion carried: 4 Yeas, 0 Nays. (Mayor Pro Tem. Henry was absent from
Council Chambers).
DGV: cl
RESOLUTION NO. 1263
WHEREAS, the City Council of the City of Lubbock has considered proposals to
furnish insurance coverage desired by the City of Lubbock; and
WHEREAS, the City Council deems the best proposal for property insurance to be
the proposal submitted by Sanford Agency with Commonwealth Lloyds as the carrier;
and
WHEREAS, the City Council deems the best proposal for liability insurance to be
the proposal submitted by the Texas Municipal League Joint Self Insurance Fund with
Employers Casualty Company as the servicing contractor and Twin City Fire/Old Republic
as umbrella carrier; and
WHEREAS, the City Council of the City of Lubbock believes it to be in the best
interest of the citizens of the City of Lubbock to obtain insurance coverage under
the proposals set out above; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City of Lubbock is hereby authorized and directed to obtain property
insurance coverage under the proposal submitted by the Sanford Agency with Commonwealth
Lloyds as the carrier and liability insurance under the proposal submitted by the
Texas Municipal League Joint Self Insurance Fund with Employers Casualty Company as
the servicing contractor and Twin City Fire/Old Republic as the umbrella carrier.
The term of the property insurance policy shall be November 15, 1982, to October 1,
1985, the term of the liability insurance policies shall be November 15, 1982 to
October 1, 1983. A copy of the said proposals shall be attached hereto and spread
upon the minutes of the Council and shall constitute and be a part of this Resolution
as if fully copied herein in detail.
Passed by the City Council this llth day of
ATTEST:
/S/ Evelyn Gaffga
Evelyn Caffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
ISI Robert Massengale
Robert Massengale, Assistant City Manager
APPROVED AS TO FORM:
/S/ Donald G. Vandiver
Donald G. Vandiver, Assistant City Attorney
November 1 1982.
/S/ Bill McAlister
BILL McALISTER, MAYOR
Consider Bid #7042 for video cassette communications system (Fire Dept.). (Revenue
Sharing).
Low Bidder Video Systems, Inc.
Lubbock, TX $10,915
Consider Bid #7053 for paper shredder (Microfilm Dept.). (Revenue Sharing).
Low Bidder Comgraphix, Inc.
Lubbock, TX $5,200.00
1463
I Ign
82-41A-1463-2208 _Consider Bid #7057 for liquified petroleum as to establish price per gallon fora period
( 44 ) of one year (Garage).
Low Bidder Eddins-Walcher Oil Company
Lubbock, TX $32,250.00
82-41A-1463-2209 Consider Bid #7055 for air compressor, portable, trailer mounted (Street Dept.).
( 45 )
Low Bidder Air Machiner Company, Inc.
Lubbock, TX $9.382.68
82-41A-1463-2210 -Consider Bid #7076 for catering for employees annual banquet (Personnel).
( 46 )
Low Bidder Southern Sea Catering
Lubbock, TX $4.14 per plate
Floyd Nesbitt, Director of Purchasing, indicated that all are low bids and meet specification
as stated.
The motion was made by Councilwoman Baker, seconded by Councilman Aderton to approve Bid
Nos. 7042, 7053, 7057, 7055, and 7076. Motion carried: 5 Yeas, 0 Nays.
The Council recessed for Executive Session, reconvening at 3:30 p.m. at which time the
following Board Appointments were made:
82-41A-1463-2211 Consider one appointment to the CITY -COUNTY LIBRARY BOARD, to fill the unexpired term of
47 Louise Cummins, who has resigned. This term expires 12/31/83.
Appointed:
Dr. Lena W. Waters 2706 - 58th (13) 795-1726
Texas Tech - English Dept.
(to fill the unexpired term of Louise Cummins, said term
expiring 12/31/83)
82-41A-1463-2212 Consider two appointments to the HOUSING STANDARDS COMMISSION. Messrs Bundock and Reyes,
( 48 ) appointed _10/14/82, declined the appointments due to other committments.
Appointed:
Harold D. Long
Construction
Don W. Bundock
1701 Slaton Rd (04)
Term: 11/11/82 - 12/19/85
3417 - 73rd (23)
3014 - 24th (10)
793-5452
792-8269
745-5565
82-41A-1463-2213 Consider one appointment to the PARKS & RECREATION BOARD to fill the unexpired term of Lee
49 Rivera; this term expires 3/31/83.
Appointed:
Al P. Couch 4414 - 14th (16) 799-5881
82-41A-1463-2214 Consider one appointment to the AIRPORT BOARD, to fill the unexpired term of Toby Foster,
50 said term expiring 8/11/84.
Appointed:
Joe R. Horkey 4519 - llth (07) 799-1001
Horkey Oil Co. P. 0. Box 2669 (08) 765-6681
(to fill unexpired term of Toby Foster, term expiring 8/11/84)
82-41A-1463-2215 Consider three appointments to the PLANNING & ZONING COMMISSION. The terms of Esther
51 Sepeda, Harry Stokley and David Bass expire 11/16/82.
Appointed:
David Garza
Attorney
Paul Godwin
Insurance Assoc.
5218 - 15th (07)
Court Place (01)
#30 Brentwood (07)
2333 - 50th (12)
792-9671
765-7153
792-2083
795-9321
Dr. Keith Madison
- - ____ - " /I I /on II /I,-' /0C
3228 - 63rd (13)
797-1739
1464
NOV 111982
82-41A-1464-2216 Consider one appointment to the ZONING BOARD OF ADJUSTMENT.
( 52 ) 2/26/83.
Appointed:
Alice Higgins (Ms. Mike) 4509 - 15th (07) 795-9211
Term: 11/11/82 - 2/26/83
82-41A-1464-2217 Consider appointments to North Overton Study Committee.
53 )
Appointed:
Representative of Homeowners within O.N.
Dr. C. C. Perryman 2320 - 8th (01) 762-1819
Retired
Representative of businessmen within O.N.
Olen Jobe 2711 - 29th (10) Unknown
My Place The Hair Place 2407 - Main (01) 765-7165
Representative of apartment owners within O.N.
Randy L. Wright
Investment Property Mgt. Inc.
1919 Broadway (01) 744-4507
Representative of Overton South Neighborhood Assn.
T. Gayle Napier 2313 - 17th (01) 763-1937
Prof. - LCC 5601 - 19th 792-3221
Representative of Texas Tech
Bob Ewalt 3403 - 63rd (13) 797-5853
Student Affairs Office 742-2131
Representative of downtown businessmen
Newt. J. Robison 1919 - 34th, Apt 8 744-5186
Hemphill -Wells, Personnel Dept. 763-3411
Representative of local lending institution
Jack Gaulding 3804 - 67th (13) 795-4135
Sentry S&L 6502 Slide Rd (23) 794-2411
This term will expire
Chairman, ZBA - ex-officio
Bill Mai—OT 6111 Lynnhaven Dr. (13) 799-3060
Sentry Prop. Mgmt. 2005 Broadway (01) 762-8775
Chairman, P&Z - ex-officio
To be appointed
82-41A-1464-2218 Consider one appointment to the Executive Committee, JUBILEE '75 COMMITTEE to fill
(54) the term of Charlie Guy, who has resigned for health reasons.
Appointed:
Preston Smith
Term: Indefinite
2703 - 58th (13) 795-0505
The motion was made by Councilwoman Baker, seconded by Councilman Aderton to approve
the above referenced Board Appointments. Motion carried: 5 Yeas, 0 Nays.
There being no further business to come before the Council, the motion was made by
Councilwoman Baker, seconded by Councilman Aderton to adjourn a 2 p. otion
carried: 5 Yeas, 0 Nays.
BI Mc,&L!Sfff, IMAYOR
ATTEST:
ENtLYN GAFFGA, City Sec r'et,,ao-Treasurer
Read and approved this 18th -day of November 2
BILL cALLf§TER,ffA OR