Loading...
HomeMy WebLinkAboutMinutes - City Council - Regular - 12/9/19821476 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING DECEMBER 9, 1982 At 8:32 a.m. the Council met for an Executive Session to consider land acquisition and contractual matters. This is in accordance with Article 2, Section 6265 17, V.A.T.S. and Section 6252 2F. The City Council of Lubbock, Texas met for its regular meeting Thursday, December 9, 1982, at 9:30 a.m. in the City Council Chambers, Second Floor, City Hall. Those present: Mayor Pro Tem Alan Henry, Councilman E. Jack Brown, Councilwoman Joan Baker, Councilman 11. J. Aderton, City Manager Larry Cunningham, City Attorney John C. Ross, Jr., and City Secretary -Treasurer Evelyn Gaffga. Absent: Mayor Bill McAlister 82-41A-1476-2241 The invocation was given by Fire Chief Tom Foster. ( 1 ) 02 -41A-1476-2242 The Pledge of Allegiance to the Flag was given in unison by those present in the ( 2 ) Council Chambers. 32-41A-1476-2243 Approval of Minutes - Regular Meeting, November 11, 1982. ( 3 ) Regular Meeting, November 18, 1932. The motion was made by Councilman Aderton, seconded by Councilman Brown to approve the minutes as submitted. Motion carried: 4 Yeas, 0 Nays, (McAlister absent). 82-41A-1476-2244 Board Appointments (4 Tom J. Rollins, Urban Renewal Agency Board Owen McWhorter, Jr. Urban Renewal Agency Board Dr. Jesse C. Ingram, Urban Renewal Agency Board Proclamations 82-41A-1476-2245 "Coronado High School Band Day" - December 9, 1982 5 ) Receiving: Phil Anthony and others 82-41A-1476-2246 Mr. George Miller, Vice President of the Lubbock Industrial Development Corporation, 6a w�111' appear before the Council regarding the following matters: a. Consider a resolution authorizing the issuance of Industrial Revenue Bonds for Diamond Plastics Corporation. *Certificate for Resolution No. 1268 Resoltuion concerning Issuance of Bonds, Resolution Concerning George Miller appeared before the Council to apprise them of two matters, the first Issuance of Bonds being issuance of Industrial Revenue Bonds for Diamond Plastics Corporation. to Finance A Project for Diamond Plastics, The Industrial Development Act requires that the regulatory authority approve the issuance of any Industrial Development Bonds prior to their issuance. Mr. Miller & Application for indicated that Diamond Plastics is a manufacturer of plastic pipe and they are Financial Participation purchasing the plant and property formerly occupied by Gifford -Hill located on are filed w/ Reso. Marshal -University Avenue. They are in partnership with Mitzu-Bishi for the manufacturing of this commodity. The project totals $1.5 million and was approved by the Board of Directors of the Corporation on November 29, 1982. The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass _7 Resolution No. 1268 authorizing the issuance of $1.5 million of Industrial Revenue Bonds to Diamond Plastics Corporation. Motion carried: 4 Yeas, 0 Nays, (McAlister absent). DGV: J s RESOLUTION NO. 1260" RESOLUTION APPROVING AGREEMENT BY LUBBOCK INDUSTRIAL DEVELOPMENT CORPORATION TO ISSUE BONDS FOR DIAXOND PLASTICS CORPORATION. 1477 for Diamond Plastics Corporation adopted November 29, 1982 (the "Resolution"), agreed and declared its intent to issue its limited obligation revenue bonds pursuant to the terms of the Development Corporation Act of 1979, Article 5190.6, Vernon's Texas Civil Statutes, as amended (the "Act") and such other statutes as may provide authority therefor, to finance the costs of the project and in the amount set forth in the Resolution for the benefit of Diamond Plastics Corporation; and WHEREAS, this City Council of the City of Lubbock, Texas (the "Unit") finds and delcares that the action of the Board approving the Resolution should be approved and is in the best interests of the inhabitants of the Unit for the reasons therein set forth; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Resolution, as adopted by the Board and attached hereto as Exhibit A, agreeing and declaring an intent to issue limited obligation revenue bonds for the purposes and in the amount set forth in the Resolution is hereby approved. SECTION 2. THAT this Resolution is adopted for the purpose of satisfying the conditions and requirements of the Act and Section 103 of the Internal Revenue Code of 1954, as amended, and the regulations promulgated thereunder. Passed by the City Council this ____91H day Of December , 1982. ..ZSZ Alan Henry Alan Henry, MAYOR PRO TEM ATTEST: .,Z,SZ Evelyn.-Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: IS/ Jim C.—.. _agg Jim Blagg, Deputy City Manager 1SZ Donald--.G. Vandiver Donald G. Vandiver, Asst. City Attorney 82-41A-1477-2247 b. Consider a resolution amending the By -Laws 6b of the Lubbock Industrial Development Corporation to comply with the State Act on Industrial Development Corporations. *Copy of By -Laws Resolution No. 1269 (Exhibit A), & Admendment to By -Laws (Exhibit B) Mr. Miller indicated there had been some changes in the Industrial Development Act are filed w/ Orig. Reso. and this is Development a housekeeping procedure to amend the By -Laws of the Lubbock Industrial Corporation to comply with the changes in the Act. *NOTE: Reso. 1269 amends The primary changes relate to wording only: Section 1 -- refers to "projects which Reso. 444 -3/18/82 may be financed by Industrial Revenue Bonds"; "language included which states the projects and purposes must be in furtherance of the purposes of the Industrial Development Act". Section 2 -- The wording "which insures that the purposes for which the bonds are issued are purposes set forth in the Act" has been streamlined. The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass Resolution No. 1269. Motion carried: 4 Yeas, 0 Nays, (McAlister absent). DGV: j s RESOLUTION NO. 1269 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS, APPROVING AN AMENDMENT TO THE BYLAWS OF LUBBOCK INDUSTRIAL DEVELOPMENT CORPORATION AND OTHER MATTERS RELATED THERETO. WHEREAS, by reason of certain amendments to the Development Corporation Act of 1979 involving project eligibility requirements and the approval of financings by the Texas Industrial Commission, the Board of Directors of Lubbock Industrial Development Corporation has approved and adopted an amendment to the Bylaws of the Corporation in order that the Bylaws, attached hereto as Exhibit A and made a part hereof for all purposes, would be in conformity with the aforementioned Act, as amended; and WHEREAS, the City Council has been requested to approve such amendment to the Corporation's Bylaws; NOW THEREFORE: 1478 THAT the amendment to the Bylaws of Lubbock Industrial Development Corporation, attached hereto as Exhibit B and made a part hereof for all purposes, adopted by the Board of Directors of said Corporation on the 29th day of November, 1982, is hereby approved and, as amended, the Bylaws of the Corporation are approved. Passed by the City Council this 9th day of December 1982. ­7 /S/ Alan Henry ALAN HENRY, MAYOR PRO TEM ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Jim C. Blagg Jim Blagg, Deputy City Manager APPROVED AS TO FORM: /S/ Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney 82-41A-1478-2248 Ordinance No. 8379 ( 7 ) An ordinance adopting the 1982 Edition of the Uniform Building Code. *Ord. 8379 amended by Ord. 8379-A ORDINANCE NO.8379 (9/22/83) SMH:da AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, (BEING THE BUILDING CODE) BY PROVIDING FOR THE ADOPTION OF THE 1982 EDITION OF THE UNIFORM BUILDING CODE; AMENDING SECTION 5-2 THEREOF PROVIDING FOR AMENDMENTS TO SUCH 1982 EDITION; REPEALING ORDINANCE NUMBER 7999 AND ANY CONFLICTING ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY AND PROVIDING FOR PUBLICATION. 82-41A-1478-2249 ordinance No. 8380 8 An ordinance adopting the 1982 Edition of the National Fire Code. The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Resolution No. 8379 and Resolution No. 8380 on second and final reading. Motion carried: 4 Yeas, 0 Nays, (McAlister absent). DGV: j s ORDINANCE NO. 8380 AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY REPEALING ARTICLE VII THEREOF ENTITLED "NATIONAL FIRE CODE;" PROVIDING FOR ADOPTION OF THE 1982 EDITION OF THE NATIONAL FIRE CODES; PROVIDING FOR AUTHORITY OF THE FIRE MARSHAL; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 82--41A-1478-2250 Set the time and date for the first Public,hearing for the Community Development 19 Block Grant 9th Year application. The CDBG application process requires two public hearings to allow citizens the opportunity to comment on the proposed uses of CD funds. These hearings are held after the CDAC holds the neighborhood meetings and develops their recommendations. It is the staff recommendation that the first public hearing be held in January. The motion was made by Councilman Aderton, seconded by Councilman Brown to hold the first public hearing for the CDBG 9th Year application on January 13, 1983 at 11:00 a.m. Motion carried: 4 Yeas, 0 Nays, (McAlister absent). g 82-41A-1478-2251 Consider a resolution accepting pav improvements for Tract A, Buster LonAddition, 20 authorizing release of prepaid monies and authorizing payment of City costs (Jake Diel Dirt Paving Contractor). Resolution No. 1271 RESOLUTION NO. 1271 1479 DEC 9 - 7982 1331, the subdivider of Buster Long Addition, Tract "A" made arrangements with Jake Diel Dirl Paving Contractors, Inc., for the construction of paving improvements on a certain street dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the abovementioned addition including the following street: S 2 of 51st Street from 16 feet east of the east property line of Bangor Avenue to 16 feet west of the west property line of Albany Avenue designated as new subdivision No. 2028-99, including 163' east of Bangor on North 2 of 51st Street. AND WHEREAS, the construction of the above improvements on the abovementioned street was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK. I. That the improvements on said portions of the abovementioned street be and the same are hereby accepted and the City Engineer be and he is hereby authorized to release escrow money and direct the payment of the City's portion of the cost in an amount not to exceed $2,884.33. NN This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 9TH DAY OF DECEMBER, 1982. ALAN HENRY, MAYOR PRO TEM ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: John C. Ross, Jr. John C. Ross, Jr., City Attorney CONSOLIDATED FINAL ESTIMATE BUSTER LONG ADDITION - TRACT "A" Accepted Dec. 9, 1982 QUANTITIES S.Y. S.Y. S.Y. S.Y. Concrete Resur- Unit & Paving L.F. Alley Slab facing Sun -Unit Location 611 BAse C & G Return Removal 2028-99 51st Street from 16" E. of E.P.L. of Bangor Ave. to 16' W. of WPL of Albany Avenue Developer Quantities 1,276.66 657.84 36.00 City Quantities 367.43 Total Quantities 1,644.09 657.84 36.00 COST ESTIMATE 1644.09 S. Y. Paving 611 Base 9 $7.85 647.84 L.F. Curb & Gutter a $6.50 36.00 S. Y. Alley Return a $27.75 20.20S.Y. Concrete Slab Rem. a $ Lump Sum 33.89 S. Y. Resurface a $15.00 105.64 L.F. C & G Removal a $1.00 CONTRACT COSTS L.F. C & G. 20.20 33.89 105.64 20.20 33.89 105.64 $12,906.11 $ 4,275.96 $ 999.00 $ 114.28 $ 508.35 $ 105.64 $18,909.34 1480 c - A9V COST DISTRIBUTION Unit & Contract Property City to Sub -Unit Cost Owner Cost Contractor 2028-99 $18,909.34 $16,025.01 $2,884.33 * Includes $908.64 Prepaid Account on Jim Boyer New Subdivision to be released. 82-41A-1480-2252 Consider a resolution accepting paving improvements for Tract C, Shadow Hills Addition 21 (Kerr Construction Co.). Resolution No. 1272 JCR: da RESOLUTION NO. 1272 RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Shadow Hills Addition Tracts C, D, E & F 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 abovementioned Addition including the following street: 3rd Street from the West raw edge of Frankford Avenue to the West line of Tract "C", Shadow Hills Addition, designated as new subdivision unit 2028-95. AND WHEREAS, the construction of the above improvements on the abovementioned street was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. That the improvements on said portions of the abovementioned street be and the same are hereby accepted and the City Engineer be and he is hereby authorized to notify the owner of acceptance by the Lubbock City Council and amount of final construction cost due the paving contractor. WM This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 9TH DAY OF DECEMBER, 1982. /-S/ Alan Henry ALAN HENRY, MAYOR PRO TE14 ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: ISI John C. Ross John C. Ross, Jr., City Attorney CONSOLIDATED FINAL ESTIMATE SHADOW HILLS ADDITION Tracts C, D, E, & F Accepted Dec. 9, 1982 TIES Unit & S. y. Sub -Unit Location Paving L.F. 6" Base C & G 2028-95 3rd Street from WRE of Frankford Avenue I- ^ T.7T mP rr-f- 11r11 Q A 1 A 2 qqa An 1481 COST ESTIMATE 8,653.16 S.Y. 3,559.60 L.F. CONTRACT COST Paving 6" Base Curb & Gutter a $ 5.78 a $5.95 $50,015.26 $21.179.62 $71,194.88 COST DISTRIBUTION Unit & Contract Property City to Sub -Unit Cost Owner Cost Contractor 2028-95 $71,194.88 $71,194.88 82-41A-1481-2253 Consider a resolution accepting paving improvements for Lots 234 and 235, Live Oak Addition, ( 22 ) and Tract G, Caprock Addition (Kerr Construction Co.) Resolution No. 1273 The motin was made by Councilman Brown, seconded by Councilman Aderton to pass Resoluton No. 1271, accepting the improvements of the Buster Long Addition referenced above; to approve Resolution No. 1272 accepting the paving improvements in the Shadow Hills Addition referenced above; and to pass Resolution No. 1273 accepting the paving improvements in the Live Oak Addition and Caprock Addition. Motion carried: 4 Yeas, 0 Nays, (McAlister absent). JCR:da RESOLUTION NO. 1273 RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the Subdivider of Live Oak Addition, Lots 234 & 235, and Caprock Addition, Tract G 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 abovementioned Additions including the following street: Elgin Avenue from the alley South of 69th Street to and including Cul-de-sac South of 69th Street designated as new subdivision Unit 2028-92. AND WHEREAS, the construction of the above improvements on the abovementioned street was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the abovementioned street be and the same are hereby accepted and the City Engineer be and he is hereby authorized to notify the owner of acceptance by the Lubbock City Council and amount of final construction cost due the paving contractor. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 9TH DAY OF DECEMBER, 1982. /S/ Alan Henry Alan Henry, MAYOR PRO TEM ATTEST: Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: /S/ John C. Ross, Jr. John C. Ross, Jr, City Attorney 1482 OEC - 198Z 82-41A-1482-2254 Consider an ordinance to abandon and close a portion of an alley in Whisperwood ( 23 ) Addition. Ordinance No. 8387 This ordinance will close a portion of an alley west of Lot 58 in Whisperwood Addition. The petitioners are the original dedicators, and therefore there will be no fee charged other than the application fee of $150.00 which has been paid. JWF:da ORDINANCE NO. 8387 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF ALLEY: A PORTION OF A 20 FOOT ALLEY BEING WEST OF LOT 58, WHISPERWOOD ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN ALLEY PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 82-41A-1482-2255 Consider a resolution authorizing the Mayor to sign a Street Use License for a 24 portion of Peach Avenue in Section 11, Block—S. Resolution No. 1274 The Street Use License is requested by Lubbock Feed Lot for the installation of an underground methane gas pipeline which is to be buried 40 inches beneath the surfact and cased in 8" steel. The area of Peach Avenue to be covered in the license is located North of Slaten Highway and South of Southeast Drive. The licensee will pay $250 for the first 5-year period of a 20-year license. HW: da RESOLUTION NO. 1274 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 and Alley Use License Agreement with Lubbock Feed Lots, Inc., attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this ATTEST: 9th day of /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: /S/ Harold Willard Harold Willard, Asst. City Attorney THE STATE OF TEXAS December ISI Alan Henry ALAN HENRY, MAYOR PRO TEM STREET AND ALLEY USE LICENSE COUNTY OF LUBBOCK § .1982. This indenture made this _atb_day of December , 1982, being the date of this Agreement, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and LUBBOCK FEED LOTS, INC., Lubbock County, Texas, hereinafter called "LICENSEE." WITNESSETH: Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license to use a portion of dedicated streets to construct and maintain an underground pipeline to transport methane gas, this license being classified as a subsurface license, and LICENSEE shall bore under all existing concrete and asphalt paving and drainage improvements --A ------ A -1 1 to nirM A riil- I- i 'na nr A -ci-yn-Vi-na the Ca MP A n A 1483 from the ground surface at the following locations: A portion of Peach Avenue out of Section 11, Block S, G.C. & S.F. R.R. Co. Survey, Lubbock County, Texas, and the centerline of the 30 feet wide use is described as follows: BEGINNING at a 12" iron rod set in the West line of Section 11, Block S, G.C. & S.F. R.R. Co. Survey, Lubbock County, Texas, and in the West right-of-way line of Peach Avenue which bears N. 00*44' West a distance of 1621.41 feet from the Southwest corner of said Section 11; THENCE S. 60°20' East a distance of 149' feet to a ?" iron rod set in the East right-of-way line of Peach Avenue. 1. 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 P.O. Box 1679, Lubbock, Texas 79408, or the last known address of LICENSEE. Upon expiration or cancellation and revocation of this license by the CITY OF LUBBOCK or the abandonment of the license by the LICENSEE, the improvements that are permitted under this license shall be removed by the LICENSEE and the property shall be restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or refuses to remove such improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall enter possession, and remove or cause to be removed such improvements and the expense incurred shall be assessed against LICENSEE for which LICENSEE shall be liable. 2. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for such grant the sum of TWO HUNDRED FIFTY AND N0/100 ($250.00) DOLLARS cash in advance contemporaneously with the acceptance and execution hereof by LICENSEE for the first five (5) year term of this license, and thereafter such rate of compensation may be changed for each succeeding five (5) year term by the CITY OF LUBBOCK to a rate of compensation which is based on procedures and policies as established by the City Council of the CITY OF LUBBOCK based on an appraisal of the fair market value of such land by the Right of Way Department of the CITY OF LUBBOCK as applied to the formula for determining such rate established by the City Council. If such rate is not changed by the CITY OF LUBBOCK, the 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 or maintenance permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractor. The CITY OF LUBBOCK may further require such contractor, when engaged in the construction, repair or maintenance permitted herein, to furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond, in an amount and in the form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and conditions contained in said agreement and a certified copy of a policy of public liability assumed by contractor in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to 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 1484 8. The LICENSEE shall construct and maintain visible markers where the underground pipeline intersects any public right-of-way within the City of Lubbock and shall construct and maintain said markers in such a manner and at such locations as required by the City Engineer of the City of Lubbock. 9. 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). 10. 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 /S/ Alan Henry ALAN HENRY, MAYOR PRO TEM ATTEST: /S/ Evelyn Gaf fga Evelyn Gaffga, City Secretary -Treasurer AGREED TO AND ACCEPTED this 16th day of December APPROVED AS TO CONTENT: ISI Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: ISI Harold Willard Harold Willard, ASSt. City Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK LICENSEE: LUBBOCK FEED LOTS, INC. BY /S/ Stanton Wagers, Jr. Stanton Wagers, Jr., Right -of -Way Agent BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas on this day personally appeared Alan Henry, Mayor Pro Ten 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 13th day of —December , 1982. ISI Olivia R. Solis Notary Public, Lubbock County, Texas 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 STANTON WAGERS, JR., Right -of -Way Agent, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 16th day of December 1982. /S/ J. C.: Niven's- Notary Public, Lubbock County, 1485 82-41A-1485-2256 Consider a resolution authorizing the Mayor to execute a Joint Use of Utility Easement 25 Agreement for a portion of an easement out of Tract S. Melonie Park South Addition. Resolution No. 1275 The request is made by a partnership composed of Dr. Magdi George Soliman, et ux, and Dr. Steve Tjia, et ux, for Utility Easement in Melonie Park South Addition to allow for a fenced loading dock. The agreement will allow for its removal in the event any obstructions interfere with the maintenance or construction of public utilities. The area in question is -located north of United Supermarket at 80th and Indiana. The application fee of $150 has been paid. The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass Ordinance No. 8387 on first reading closing a portion of the alley at Whisperwood Addition; to pass Resolution No. 1274 granting a Street Use License to Lubbock Feed Lot, referenced above; and to pass Resolution No. 1275 authorizing a Joint Use Utility Easement Agreement in Melonie Park South Addition, referenced above. Motion carried: 4 Yeas, 0 Nays (McAlister absent). JWF/mck RESOLUTION NO. 1275 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 JOINT USE OF UTILITY EASEMENT AGREEMENT to be entered into by and between said City and a partnership composed of Magdi George Soliman and wife, Susan Soliman, and Steve Tjia, M.D., and wife, Catherine Tjia, said partnership acting through the said Steve Tjia, M.D., as a gernal partner thereof, 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 9th day of December 1982. ISI Alan Henry Alan Henry, Mayor Pro Tem ATTEST: 1§_LEvelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/.Tom Nivens i Tom Nivens, Right of Way Agent APPROVED AS TO FORM: /S/ J. Worth Fullingim, J. Worth Fullingim, Asst. City Attorney JOINT USE OF UTILITY EASEMENT AGREEMENT STATE OF TEXAS COUNTY OF LUBBOCK COMES NOW the CITY OF LUBBOCK, a home rule municipality located in Lubbock County, Texas, herein called "City", acting through its Mayor hereunto duly authorized, and a partnership composed of Magdi George Soliman and wife, Susan Soliman and Steve Tjia, M.D., and wife, Catherine Tjia, acting through a general partner thereof, the said Steve Tjia, M.D., herein called "Partnership", and on this day of , 1982, do hereby contract and agree as follows: WHEREAS, City was grantee of a utility easement for public utilities as dedicated by Plat of Tract S, Melonie Park South Addition to the City of Lubbock, Lubbock County, Texas, recorded in the Deed Records of Lubbock County, Texas, reference to which record is hereby made for all pertinent purposes; and, WHEREAS, Partnership has requested the City to agree to a joint use of a portion of said utility easement with Partnership, and City is agreeable to granting such request upon the terms and conditions as hereinafter set forth; NOW THEREFORE: KNOW ALL MEN BY THESE PRESENTS: no That for and in consideration of the sum of ONE AND N01100 ($1.00) DOLLARS cash RM 111�M public utilities entitled to use said easement, said portion of said entire utility easement being described as follows: BEGINNING at a point which bears N. 89'58'50" W. a distance of 47.50 feet and S. 00'01'10" W. a distance of 20.00 feet from the original Northeast corner of Tract "S", Melonie Park South addition to the City of Lubbock, Lubbock County, Texas; THENCE N. 89058'50" W. A distance of 56.50 feet; THENCE N. 00001'10" E. a distance of 6.50 feet; THENCE S. 89058'50" E. a distance of 56.50 feet; THENCE S. 00001'10" W. a distance of 6.50 feet to the Point of Beginning. Partnership may construct a fence around such area and use it for a loading area so long as such construction and use does not interfere with the use and enjoyment of said utility easement by the City or public utilities entitled to use said easement, and the terms of this grant shall be from year to year not to exceed twenty years without renewal by City and the City retains the right, at its election to cancel and revoke this permit and license with or without cause, upon 30 days notice to Partnership. Said notice shall be deemed properly served if deposited in the post office, postage paid, addressed to Partnership at 3819 22nd Place, Lubbock, Texas, 79410 or to last known address of Partnership. This agreement may be cancelled in the same manner by the City upon any violation of this agreement by Partnership or failure to perform any act or covenant required of Partnership by this agreement. WN Upon termination of this agreement by its terms or by cancellation, Partnership agrees to remove all improvements placed on said utility easement at its costs within 90 days after such termination or cancellation, and if such removal is not so accomplished, City at its election, without being obligated to do so, remove such improvements for which Partnership will promptly pay upon presentation to them of a bill for costs of such removal by the City. If removal of all or any part of the improvements constructed or uses done or made by Partnership is requested by City or by the City on behalf of any public utility, same shall be accomplished immediately by Partnership at its expense. Partnership shall pay all expenses in connection with the grant of this permit and license, including, but not limited to, the cost of modifying or relocating the facilities of the City or any public utility now using and having access to said utility easement occasioned by the construciton as authorized by this permit and license. IV. In the event the City of Lubbock determines that the existence of such use interferes with or causes the rerouting or realignment of any public utility, franchised utility, or sanitary or storm sewer line constructed or to be constructed by the City of Lubbock or franchised utility, Partnership 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 Partnership's use herein. V. This license is not transferable by Partnership without first receiving the written consent of the City Manager of the City of Lubbock. VI. This license is made subject to the condition that should Partnership 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 Partnership, its successors 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 Partnership to perform the construction, repair or maintenance permitted herein, which agreement will indemnify the City of Lubbock from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractor. The City of Lubbock may further require such contractor, when engaged in the construction, repair or maintenance permitted herein, to furnish, without expense to the City of Lubbock, a reliable surety bond, in an amount and in the form satisfactory to the said City of Lubbock, guaranteeing the faithful performance of all the terms, covenants and conditions contained in said agreement and a certified copy of a policy of public liability assumed by contractor in said agreement with the City of Lubbock. The City of Lubbock agrees to give notice to Partnership prior to incurring any costs or expenses or the payment of any such claims or demands in order to give Partnership a reasonable opportunity to settle or adjust the same. VII. DEC 9 - ig 1487 82 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. VIII. 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 Partnership, its successors, and assigns, shall be binding upon the City of Lubbock without the consent of the City of Lubbock in each instance except as specified in Section V above. "M Partnership by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are intended or implied except those expressly set forth herein and waives any and all claims in and to the public way it is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this license. X. Partnership agrees to comply with all zoning and subdivision regulations and ordinances and all building code regulations and ordinances of the City of Lubbock in connection with the construction and uses authorized by this agreement. as City reserves on its own behalf and on behalf of all said public utilities entitled to use and/or using said utility easement the right of ingress, egress, and regress to the utility easement area for the purpose of maintaining, constructing, reconstructing, operating, and servicing any public facilities or public utility facilities placed or to be placed, located, or constructed in, upon, over, under, along, and across the utility easement area by City or any of said public utilities under the terms of said public utility easement. ATTEST: /S/ Evelyn Gaffga EVELYN GAFFGA-,City Secertary APPROVED AS TO CONTENT: ISI Tom Nivens Tom Nivens, Right of Way Agent APPROVED AS TO FORM: ISI J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney STATE OF TEXAS COUNTY OF LUBBOCK § CITY OF LUBBOCK BY: ISI Alan Henry ALAHENRY - MAYOR PRO TEM PARTNERSHIP BY:/S/ Steve Tjia, M.D. General Partner thereof BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas on this day personally appeared Alan Henry,.Mayor Pro Tem known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 13th day of December ISI Olivia R. Solis Notary Public, Lubbock County, Texas My Commission Expires 11/30/85 1488 �v 9 - 198Z 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 Steve Tjia, M.D., General Partner of Partnership as aforesaid, 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 Partnerhsip for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1982. Notary Public, Lubbock County, Texas 82-41A-1488-2257 Consider action regarding late payment charge and customer deposits for electric- 26 water customers for LP&L and Southwestern Public Service. Resolution No. 1282 At the 8:30 a.m. Work Session, there was an extensive discussion between staff members and members of the Council regarding all alternatives available to establishing a late payment charge and deposits for electric customers, residential and commercial. An abbreviated summation of City Attorney Ross's comments to the Council is this: A late payment charge cannot be assessed residential customers by Southwestern Public Services without going through the rate increase process; there are three (3) exceptions to this requirement (over 65, being a property owner, Prior utility service credit ); there is no such stipulation on commercial -industrial customers; there is no problem with requiring a deposit being made for new customers or for water customers; the restriction is on Southwestern Public Service and LP&L is totally unrestricted in these areas because of their being a municipal utility company. It seems that the two companies in the spirit of sound competition, have been in agreement to whatever policy or rate decision has been made and to approve a late payment and/or deposit for LP&L without the same provision being enacted by Southwestern Public Service is hazardous from the standpoint of losing customers. The whole problem is being discussed because of the number of delinquent bills from electric customers which, according to Director Carroll McDonald, stems from the "transient" customer --apartment dwellers, Tech students, and short-term residents. The required deposit for service would eliminate some of these unless the customer could provide a letter of credit, a guarantor, or some other valid documentation which would waive the requirement of making a deposit. There also would be provision whereby a portion of the money would be refunded at the appropriate time. Southwestern Public Service has a late charge policy for their electric customers outside the City of Lubbock; they are precluded from implementing such a policy within the corporate city limits because they are under the regulatory authority of the City Council. Discussion from the Council varied from total support of a 5% late payment charge and deposits required of all electric customers, to opposition to such action. The late payment charge would also include water customers if the situation so warranted; that all the research submitted by the Legal Department spoke to actions which the Council could not take under the law but there were very few alternatives submitted of a positive nature and members of the Council felt that there needed to be more positive direction as to how to resolve this ongoing problem; that LP&L should run their utility business on a competitive, profit -making philosophy and basis and those problems encountered by Southwestern Public Service were "their" problems and not those of LP&L. Councilwoman Baker suggested that we delay holding a public hearing until after December 16, to allow the staff to research thoroughly for some positive solutions to resolving this problem, and then the Council set the public hearing at that time. In response to Council query, Jake Webb, on behalf of SPS, indicated that the late charge and required deposits would help resolve their non-payment/late-payment bills if they were allowed to do so under the PUC. Following discussion, it was the CONSENSUS at Work Session that a public hearing be held to determine whether or not a late payment charge would be applied to all electric and water customers and to require deposit for all customers as well. At the regular session, there being very little additional discussion, the motion was made by Councilwoman Baker, seconded by Councilman Aderton to hold a public hearing on December 16, 1982 at 9:45 a.m. regarding late payment charges and required deposits for all electric customers for LP&L and Southwestern Public Service. Motion carried: 4 Yeas, 0 Nays (McAlister absent). (Discussion regarding late payment charges for water customers may be discussed at this time, but it is not a requirement of the PUC.) DGV: cl MEMO 82-41A-1489- 2258 ( 27 ) *NOTE: Aggrement Between Owner & Architect is filed w/Resolution No. 1276 PUBLIC SERVICE COMPANY, A PUBLIC UTILITY, AND AS THE CITY COUNCIL OF THE CITY OF LUBBOCK AS TO LUBBOCK POWER AND LIGHT AND WATER, A MUNICIPALLY OWNED UTILITY, ORDERING A PUBLIC HEARING UPON THE REASONABLENESS OF THE RATES OF SUCH UTILITIES WITH REGARD TO LATE PAYMENT PENALTIES AND CUSTOMER DEPOSITS. WHEREAS, the Electric Utilities Board of the City of Lubbock, with respect to Lubbock Power and Light and Water, and a representative of Southwestern Public Service Company have heretofore indicated to this City Council that the rates charged by such utilities may not be adequate with regard to late payment penalties and customer deposits; and WHEREAS, the City Council deems such matters to be of interest to the citizens of the City of Lubbock, including the customers of both utility companies; and WHEREAS, the City Council, sitting as a regulatory authority under Sec. 42 of Art. 1446c, has authority to require a public hearing and determine the reasonableness of such rates as to any public utility upon its own motion; NOW THEREFORE: BE IT ORDERED AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. THAT the City Council, sitting as a regulatory authority under Vernon's Ann.Ci.v.St. art. 1446c, and as the City Council of the City of Lubbock, upon its own motion, hereby orders and directs that a public hearing be held at 9:45 am. on the 16th day of Decembe. 1982 , to determine the reasonableness of late payment penalties and customer deposits charged by Southwestern Public Service Company and Lubbock Power and Light and Water, and to determine if changes in such rates may be appropriate; and 2. THAT the City Secretary is hereby ordered and directed to give immediate written notice of such public hearing to Southwestern Public Service Company and Lubbock Power and Light and Water by serving each with a copy of this Order and Resolution. ORDERED AND RESOLVED by the City Council this 9th day of December , 1982. /S/ Alan Henry ALAN HENRY MAYOR PRO TEM, presiding officer of the regulatory authority ATTEST: S Evelyn Gaffg_a Evelyn Gaffga, City Secretary-Treas. APPROVED AS TO FORM: /S/ Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney Consider a resolution authorizing the Mayor to sign a contract for architectural services for renovation of Municipal Office Complex. Resolution No. 1276 On November 18, 1982, the Council authorized the staff to negotiate a contract for architectural services for the renovation of the Municipal Office Complex (the old Sears building at 13th and Paris Avenue) with Bill Cox, architect. j The contract is in a lump sum of $91,500, which is approximately 5% of the estimated renovat: costs; the contract allows for completion of the project within 15 months in order for the building to be ready for occupancy in January, 1984. Mr. Cox felt that this was a rather tight schedule and did ask that some flexibility be inserted in the contract for additional time if needed. DGV:da RESOLUTION NO. 1276 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 Bill Cox, Architect, for the renovation of the former Sears Building located at 13th and Paris Avenue into a municipal office complex, which agreement is attached hereto and which shall be spread upon the minutes of the Council and as spread upon the minutes of 1490 this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 9th day of December ,1982. /S/ Alan Henry ALAN HENRY, MAYOR PRO TEM ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ J. C. Blagg Jim Blagg, Deputy City Manager APPROVED AS TO FORM: /S/ Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney 82-41A-1490-2259 Consider a resolution authorizing a lease agreement with the Urban Renewal Agency ( 29 ) for building space. Resolution No. 1277 The Council authorized the staff to purchase the old Chamber of Commerce building, formerly housed by the Urban Renewal Agency for the expansion of the data processing department. The Urban Renewal Agency moved to a vacant area previously occupied by the Tax Office. The lease is based on the same arrangement that we have for the Tax Appraisal Board (located on the lst floor of the same building) and consists of 3,468 square feet of office space, 375 sq. feet of storage space, and 25% of 1,253 sq. feet of common space for costs of $4.14 per sq. foot for the office space and $1.55 per sq. foot for the storage and common space, for a total monthly sum of $1,547.83. The term of the lease is from November 1, 1982 through December 31, 1983 �? m and can be extended beyond unless the parties agree to terminate the lease. The City will provide 15 parking spaces which will be rented on a monthly basis from Edwards and Associates at 911 Texas Avenue and this sum will be added to the rental of the office space provision. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution No. 1276, authorizing the contract with Bill Cox for architectural services on the Municipal Office Complex, and to pass Resolution No. 1277, authorizing the lease agreement with the Urban Renewal Agency. Motion carried: 4 Yeas, 0 Nays, (McAlister absent). DGV:cl RESOLUTION NO. 1277 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 Lease Agreement between the City of Lubbock and the Urban Renewal Agency for the lease of building space, 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. j Passed by the City Council this 9th day of December ,1982. /S/ Alan Henry Alan Henry, Mayor Pro Tem ATTEST: S/ Eve Gaff a APPROVED AS TO CONTENT: /S/ Larry.J. CunZingham. za jiy aLLL, Crry-r1arrage_r-- APPROVED AS TO FORM: 1491 LEASE AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK This Agreement entered into this _ day of , 1982, by and between the City of Lubbock, Texas, as Lessor and the Urban Renewal Agency of the City of Lubbock as Lessee, WITNESSETH: WHEREAS, the Urban Renewal Agency of the City of Lubbock is desirous of contracting with the City for the lease of building space to be used to house the staff and operations of the Agency; NOW THEREFORE, the parties hereto agree as follows: I. The Lessor, acting by and through its duly authorized officers, does hereby lease unto the Lessee, a portion of the premises situated at 1001 Texas Avenue, Lubbock, Lubbock County, Texas. Such lease is granted upon the terms and conditions which follow. 1. The term of this lease shall be from the 1st day of November, 1982, through the 31st day of December, 1983. 2. This lease shall be extended beyond the primary term from year to year unless the parties elect to terminate the agreement according to its terms. 3. For purposes of this lease, that portion of the premises situated in 1001 Texas Avenue, Lubbock, Lubbock County, Texas, which Lessee is entitled to utilize under the terms of this Agreement shall be deemed to consist of 3,468 square feet of office space, 375 square feet of storage space, and 25% of 1,253 square feet of common space, and is more particularly described on Diagram A, attached hereto and incorporated herein for all purposes. 4. In consideration of the execution of this lease, the Lessee agrees to pay to Lessor the sum of $4.14 per square foot per year for office space and $1.55 per square foot per year for storage and common space for the term of this Agreement together with other valuable consideration, to -wit: a. Lessee shall pay a pro rata share of all utility expenses, including expenses of electricity, water, gas and other utility services. Lessee shall pay the same proportion of each utility expense as the total number of square feet utilized by Lessee under the terms of this lease bears to the total number of square feet in the building located on the premises at 1001 Texas Avenue, Lubbock, Lubbock County, Texas. b. All expenses relating to janitorial and routine maintenance services shall be borne by Lessor as partial consideration for the rental payment. C. Lessee shall provide adequate insurance and shall pay the premiums on policies of insurance against loss or damage to all personal property and equipment which is owned, leased, rented, or used by the Lessee on the premises. Lessee shall provide adequate general liability insurance covering the demised premises, and shall pay the premiums on such policies of insurance. Lessor agrees to provide adequate general liability insurance coverage on the building located on the premises at 1001 Texas Avenue, Lubbock, Lubbock County, Texas. d. Lessee shall have the right to redecorate the interior of the premises which are the subject of this lease subject to the prior approval of such redecoration by the City Manager, but in no event shall such redecoration include permanent or structural changes to the premises. Lessee shall bear all costs of such redecoration. e. The above -mentioned rental payment will be adjusted upward or downward for each ensuing year beginning January 1, 1984, in direct proportion to the fluctuation in the U.S. Department of Labor, Bureau of Labor Statistics Cost of Living Index. For the purpose of computing all adjustments, the Bureau of Labor Statistics Cost of Living Index as of Janaury 1, 1982, shall be construed as the base period. 5. Lessor agrees to make available to Lessee a total of 15 off-street parking spaces during the term of this lease. Such parking spaces shall be located at 911 Texas Avenue in a parking lot owned by Edwards and Associates. In consideration for such parking spaces, Lessee agrees to pay to Lessor the amount of $262.50 per month, payable in advance on or before the first day of each month. In the event that the parking spaces become unavailable, the Lessor, at its option, shall either make other parking spaces available or reduce the rentals by the amount of the parking spaces lost. The rental amount set out above shall be subject to renegotiation upon any extension of this Agreement. 6. Lessee agrees to pay to Lessor the monthly sum of $1,547.83 payable in equal monthly installments on or before the first day of each month during the term hereof, covering cost of office space and parking. Such amount does not include utility pro rata amounts. 7. This lease is granted for the purpose of facilitating the operations of the Urban Renewal Agency of the City of Lubbock in the performance of the Agency duties. This lease shall terminate upon the property being used for other purposes. 8. The Lessee at its own cost and expense agrees to take good care of the property and fixtures, keeping and maintaining it in good repair during the term of this lease, and shall suffer no waste and make no improvements in and to the demised premises without the consent of the Lessor in writing. Such improvements shall become the property of the Lessor. 9. Lessee shall comply with all ordinances of the City of Lubbock and laws of 1492 Police, and Fire of the City, County, and State. 10. Lessee shall not assign or sublet the leased premises or any part thereof without the consent of the Lessor in writing, or permit any person or organization other than Lessee to occupy the premises. 11. In the event the leased premises shall be destroyed by fire, windstorm, or the act of God or a public enemy or shall be so damaged by any of such causes as to be unfit for occupancy, Lessee shall forthwith give notice to Lessor and the rent payable hereunder shall abate for the period of time beginning on the date such premises are unfit for occupancy and ending when said premises have been restored to habitable condition, provided, however, that should only a portion of the premises be rendered unfit for occupancy, the abatement of rent shall be proportionate on the basis of the proportion of square feet rendered unfit for use to the total number of square feet in the premises above described; provided further that the Lessor may, at its election, in the event of substantial damage or destruction, terminate this lease without repairing or replacing the improvements so damaged or destroyed in which event the Lessee shall not be under any liability for the payment of rental for any period of time subsequent to the date upon which such damage or destruction occurred, and the rent shall be prorated for the particular year in which the destruction occurred. 12. Lessor shall not be liable to Lessee or to Lessee's officials agents, employees, patrons, or visitors for any damage or injury, and Lessee agrees to hold Lessor harmless from all claims for damage or injury to any person or property in or upon said premises. 13. In the event Lessor or the Lessee desires to terminate this Agreement at the end of the primary term or any extension thereof, notice shall be given by the terminating party to the non -terminating party at its place of business in writing stating that the lease is to be terminated 90 days from the date of such notice. In, the event of such termination, lessee shall within such time remove its property from the leased premises. 14. Whenever notice of any kind is authorized or required to be made by one party or the other under the terms hereof, such notice shall be given by United States registered or certified mail, postage prepaid, return receipt requested, and addressed to the other party as set out below, or to such other address as may hereafter be designated. City: City Manager Executive Director P.O. Box 2000 Urban Renewal Agency of the Lubbock, Texas City of Lubbock 79457 P.O. Box 10336 Lubbock, Texas 79408 15. Lessee especially covenants and agrees to pay and discharge all reasonable costs, attorney's fees, and expenses that may be incurred by Lessor in enforcing the covenants, agreements, conditions and terms hereof, and all of the same shall be payable to Lessor. Lessor may terminate the lease upon breach of conditions contained herein by giving 60 days written notice to Lessee. Lessee may terminate the lease upon breach of conditions herein by giving 60 days written notice to Lessor. III. Lessor and Lessee both understand and agree that this Agreement constitutes and expresses the entire agreement between the parties hereto and shall not be amended or modified except by written instruments signed by both parties. EXECUTED this 9th day of December , 1982. CITY OF LUBBOCK URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK /S/ Alan Henry ALAN HENRY, Mayor Pro Tem ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary /S/ Larry Cunningham Larry Cunningham, City Manager /S/ Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney /S/ George H. Nelson GEORGE H. NELSON, CHAIRMAN ATTEST: /S/ H. 0. Alderson H.O. Alderson, Secretary SURPLUS PROPERTY LEASE OR RENTAL CERTIFICATION WHEREAS, the City Manager of the City of Lubbock has, prior to filing this Surplus Property Lease or Rental Certification, surveyed all divisions and departments of the City; and WHEREAS, the City Manager has determined that such property as is hereinafter set out cannot be utilized by any division or department of the City in discharging in governmental functions at the present time: NOW THEREFORE: - - - - ___ ­___ - - - -­ - __ - __ - - ___ 2 L1 - - -I-- IC - 1 1 __ __' - - -3 - - - __ _' I- - -3 __ - - I 1493 F1 PROPERTY DESCRIPTION: 3,468 sq. ft of office space, 375 sq. ft. of storage space and 25% of 1253 sq/ ft. of common space situated at 1001 Texas Avenue. Lubbock. Texas DATE: 12/9/82 BY: /s/ Larry J. Cunningham City Manager or designated representative RECEIVED: /S/ Evelyn Gaffga City Secretary RESOLUTION NO. 2638 RESOLUTION OF THE BOARD OF COMMISSIONERS FO THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK AUTHORIZING A LEASE AGREEEMENT BY AND BETWEEN THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK AND THE CITY OF LUBBOCK FOR OFFICE SPACE AT 1001 TEXAS AVENUE, LUBBOCK, TEXAS WHEREAS, the Urban Renewal Agency of the City of Lubbock requires office space in which to perform its prescribed duties; and WHEREAS, The City of Lubbock has made office space available for the performance of said duties in a city -owned building located at 1001 Texas Avenue, Lubbock, Texas; NOW, THEREOFRE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK: THAT the Chairman be and is hereby authorized to execute the. Lease Agreement attached hereto and made a part hereof.as Exhibit "A", subject to approval by the City of Lubbock. On motion of Commissioner Cammack , seconded by Commissioner_ the above and foregoing Resolution was passed this 16thday of November the following vote: Lara 1982, by Commissioners voting "AYE": Burbridge, Cammack, Lara, McKeever, McMahon, Nelson, Pipkin. Commissioners voting "NAY": None. /S/ Bennet H. Nelson Chairman ATTEST: /S/ H. 0. Ala H. 0. Ala CERTIFICATE OF RECORDING OFFICER The undersigned hereby certifies that: 1. He is the duly qualified and acting Secretary of the Urban Renewal Agency of the City of Lubbock (hereinafter called the Local Public Agency) and the custodian of the records of theLocal Public Agency, including the journal of proceedings of the Board of Commissioners of the Urban Renewal Agency of the City of Lubbock (hereinafter called the "Governing Body"), and is duly authorized to execute this certificate. 2. Attached hereto is a true and correct copy of a resolution including the WHEREAS clauses, adpoted at a meeting of the Governing Body held on the day of 1982. 3. Said resolution has been duly recorded in the journal of said meeting and is now in full force and effect. 4. Said meeting was duly convened and held in all respects in accordance with law and by-lwas, due and proper notice of said meeting was given. A legal quorum of members of the Governing Body was present throughout said meeting and legally sufficient number of members of the Governing Body voted in the proper manner for the adoption of said resolution. All other requirements and proceedings under, law, said by-lwas, or otherwise, incident to the proper adoption of said resolution, including any publications, if required by laws, have been duly fulfilled, carried out, and otherwise observed. 5. The Seal appearing below constitutes the Official Seal of theLocal Public Agency 1494 82-41A-149,4-2260 ( 30 ) and was duly affixed by the undersigned at the time this certificate was signed. IN WITNESS WHEREOF, the undersigned has hereunto set his hand this 17th day of November , 1982. (Seal) /S/ H. 0. Ala SECRETARY OF THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS Consider a resolution authorizing a lease agreement with E. Reuel Nash for a parking lot. Resolution No. 1278-A, 1278-B The City owns the property adjacent to the old Char -King restaurant on Quaker and Brownfield Highway for the purpose of having access to the sewer lift station for maintenance and operation needs. The tract on which the restaurant sits has been purchased by Reuel Nash for the development of a two-story office building and he has received through ZBA the authority to rezone and to develop this lot in the manner in which he has planned. He needs this tract of land to comply with the parking requirements for his new development and the approval from ZBA was conditional to a 50-year with the City on this tract of land to be used for parking. It also would be for continued access to the lift station. It was the recommendation of the Legal department that the lease be for 30 years with the additional 20 years under option or condition provisions in the event the City needs this parcel of land. Mr. Nash would feel more comfortable with a 50-year lease before entering into this development. In the contract, there is an escalator of $7.50 per month for the length of the contract. This matter was discussed in Work Session and inasmuch as the parcel is not beneficial for any other need and the City does not anticipate its use in the future other than access to the lift station, at the regular session the motion was made by Councilwoman Baker, seconded by Councilman Brown to approve Resolution No. 1278-A to terminate the existing lease and to approve Resolution No. 1278-B granting a 50-year lease to Mr. E. Reuel Nash, and to authorize the lease agreement with E. Reuel Nash for a period of 50 years at the price negotiated excluding the 30-year option provision previously stated. Motion carried: 4 Yeas, 0 Nays (McAlister absent). SMH: da RESOLUTION NO. 1278-A 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 to terminate lease between the City of Lubbock and E. Reuel Nash, 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 9th day of December ,1982. /S/ Alan Henry ALAN HENRY, Mayor Pro Tem ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Robert Massengale Robert Massengale, Assistant City Manager APPROVED AS TO FORM: /S/ Susan M. Horton Susan M. Horton, Assistant City Attorney 1495 AGREEMENT TO TERMINATE LEASE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § WHEREAS, a lease was entered into on the 16th day of July, 1974 between the City of Lubbock and Frontier Theatres, Inc. wherein certain property was leased by the City of Lubbock to Frontier Theatres, Inc.; and WHEREAS, said lease is for a term of 10 years from the 1st day of October, 1973; and WHEREAS, said lease was subsequently assigned to E. Reuel Nash on the 24th day of September, 1982; and WHEREAS, the City of Lubbock and E. Reuel Nash desire to terminate said lease, the parties mutually agree as follows: The City of Lubbock, Lessor, and E. Reuel Nash, Lessee/Assignee, hereby agree to terminate the lease dated the 16th day of July, 1974 for a 10 year term from the 1st day of October, 1973, on a tract or parcel of land described as Lot 1, Henry Addition to the City of Lubbock, Lubbock County, Texas, save and except the following described fenced tract, to -wit: BEGINNING at a point 65 feet North 36 degrees 04' 10" West of the Southwest corner of Lot 1, Henry Addition, as described in Vol. 663, page 117 of the Deed Records of Lubbock County, Texas, said corner being a 2" rod; THENCE North 36 degrees 04' 10" West 66 feet to the Northwest corner of said tract; THENCE North 53 degrees 53' 40" East along a fence a distance of 53.3 feet to the Northeast corner of said tract; THENCE South 36 degrees 04' 10" East along a fence a distance of 66.4 feet to the Southeast corner of said tract; THENCE South 53 degrees 53' 40" West along a fence a distance of 53.3 feet to the PLACE OF BEGINNING. Said lease shall be terminated effective January 1, 1983. i EXECUTED this day of December, 1982. CITY OF LUBBOCK /S/ Alan Henry ALAN HENRY, Mayor Pro Tem ATTEST: Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Robert Massengale. Robert Massengale, Assistant City Manager APPROVED AS TO FORM: /S/ Susan M. Horton - Susan M. Horton, Assistant City Attorney 1496 DEC 9 - 1982 SMH: da RESOLUTION NO. 1278-B 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 Lease between the City of Lubbock and E. Reuel Nash, 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 9th day of December - ,1982. ISI Alan Henr ALAN HENRY, Mayor Pro Tem ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Robert Massengale Robert Massengale, Assistant City Manager APPROVED AS TO FORM: /S/ Susan M. Horton Susan M. Horton, Assistant City Attorney UF A R F STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § The City of Lubbock, a Home Rule Municipality, hereinafter called Lessor, and E. REUEL NASH, hereinafter called Lessee, mutually agree as follows: The Lessor hereby leases to the Lessee that tract or parcel of land described as Lot 1, Henry Addition to the City of Lubbock, Lubbock County, Texas, save and except the following described fenced tract, to -wit: BEGINNING at a point 65 feet North 36 degrees 04' 10" West of the Southwest corner of Lot 1, Henry Addition, as described in Vol. 663, page 117 of the Deed Records of Lubbock County, Texas, said corner being a 2" rod; THENCE North 36 degrees 04' 10" West 66 feet to the Northwest corner of said tract; THENCE North 53 degrees 53' 40" East along a fence a distance of 53.3 feet to the Northeast corner of said tract; THENCE South 36 degrees 04' 10" East along a fence a distance of 66.4 feet to the Southeast corner of said tract; THENCE South 53 degrees 53' 40" West along a fence a distance of 53.3 feet to the PLACE OF BEGINNING. To hold the same to the Lessee for the term of 50 years from the 1st day of January, 1983, paying rental therefor in monthly installments of $150 on the first day of each and every month during the first year of the term of this lease, and thereafter said rental payment due shall increase each year by $7.50 per month. Said increase shall become effective and due and payable on the first day of the first month of each year upon the following conditions and covenants: 1. THAT the Lessee shall pay the rent in advance as aforesaid, as the same shall fall due. 2. THAT the Lessee shall have the right, at its own expense to construct sidewalks, paved parking services and landscaping upon the above described property. This construction shall be in accordance with the Code of Ordinances of the City of Lubbock, Texas, and subject to the approval of the Director of Public Works prior to 1497 F111"I", construction. The Lessee agrees to keep and maintain the property in good repair during the term of this lease. The Lessee agrees to hold the Lessor harmless from all claims for any damage to any person or property in or upon said property. 3. THAT the Lessor retains the rights of ingress, egress and regress at any and all times, in, on, under, along, above and across the above described property with the right to construct, reconstruct and maintain any and all facilities necessary for the Lessor to carry out its duties as a Home Rule Municipality. In the event the improvements constructs by Lessee interfere with the performance of Lessor's duties, Lessee shall remove or alter said improvements, at its expense, after notice from Lessor. Lessor retains the right to remove said improvements and right of reimbursement on failure of Lessee to remove improven on request. 4. THAT at the termination of this lease, the Lessee shall remove all improvements installed by Lessee as requested by the Lessor. 5. THE Lessee shall not assign or sublet the premises or any part thereof without the consent of the Lessor in writing. Upon assignment with the consent of the Lessor, the Lessee, E. Reuel Nash, will no longer be bound by the terms of this lease. E Reuel Nash will be primarily responsible under the terms of this lease if the property or any part thereof is sublet with the consent of the Lessor. Said consent for assignment of subleasi shall not be unreasonably withheld by the Lessor. 6. THE terms of the Lease cannot be modified or altered except by written amendment thereto. 7. THE Lessee and the Lessor each bind.themselves and their successors and assigns to the other party of this agreement and to the successors and assigns of such other party, in respect to all terms and convenants of this Lease. EXECUTED this 9th day of December, 1982. ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Robert Massengale Robert Massengale, Assistant City Manager /S/ Susan M. Horton Susan M. Horton, Assistant City Attorney ISI Alan Henry Alan Henry, Mayor Pro Tem E. REUEL NASH P.O. Box 16265 Lubbock, Texas 79490 82-41A-1497,2261 Consider approval of journal entry to correct errors on the City's delinquent tax 31 roll. This is an annual housekeeping procedure correcting the errors appearing on the City T s delinquent tax roll. The motion was made by Councilman Brown, seconded by Councilwoman Baker to approve the journal entry as submitted by the Tax Appraisal District. Motion carried: 4 Yeas, 0 Nays (McAlister absent). 82-41A-.1497-2262 Hold a public hearing on proposed improvements for portions of South Quaker Avenue ( 9 from Loop 289 south to 82nd Street (GWO 11,591). Pub's Affidavit This public hearing is a statutory requirement and was approved by Resolution No. on pg. 1499 1250, passed by the Council on November 11, 1982. Letters notifying property owners of the public hearing and the proposed amounts to be assessed were mailed Tuesday, November 23, 1982. In accordance with notice published in the Lubbock Avalanche -Journal on November 14, 21, and 28, a public hearing was held on the above matter. R The appraisals were handled by Doddard and Associates and the calculated rates as stated in the notice for paving were $49.14 per front foot for business zones, and $29.55 per foot for residential zones. All curb and gutter rates were $5.75. The I -- A Z__ -t- Z - -- ___ - .3 -- T --'LL - -I- A --I- - 1 - n--- A __ - - - __ - - - -I- - __ n I - 1498 The appraiser determined that the enhancement value of abutting residential property would not exceed normal design costs of construction of a typical residential street and recommended that the rate on enhancement basis should be the same as for the 1982 paving assessment program in the amount of $11.01 plus the rate for curb and gutter ($5.75) for a total of $16.76. The enhancement value for residential property pertains to only that portion abutting the street which enhances the value of the lot, whereas the commercial rate includes the entire tract or parcel involved. Don Jennings, City Engineer, apprised the Council of the project which includes five parcels (three property owners); that the property owners on the west side of Quaker are not being assessed inasmuch as they have submitted pre -payment paving at an earlier date and the proposed assessments as determined by the Council can be made following the presentation and all assessments may be reduced, but cannot be determined at a higher rate than calculated as presented. Parcel #1 Property Owner: West Texas Savings, Lubbock Description A tract out of Section 10, Block E-2 (This is commercial) Rate: paving $49.14 C/G $5.75 The motion was made by Councilwoman.Baker, seconded by Councilman Aderton to approve the above rates as recommended. Motion carried: 4 Yeas, 0 Nays, (McAlister absent). Parcel #2 Property Owner: Frank S. Campbell, Scottsdale, Arizona Description A tract out of Section 11, Block E-2 (This is commercial) Rate: paving $49.14 C/G $5.75 The motion was made by Councilman Aderton, seconded by Councilman Brown to approve the above rates as recommended. Motion carried: 4 Yeas, 0 Nays, (McAlister absent). Parcel #3 Property Owner: Frank S. Campbell, Scottsdale, Arizona Description A tract out of Section 11, Block E-2 (This is residential) Rate: paving $11.01 C/G $5.75 The motion was made by Councilwoman Baker, seconded by Councilman Aderton to approve the above rates as recommended. Motion carried: 4 Yeas, 0 Nays, (McAlister absent). Parcel #4 Property Owner: WEZY, Inc., Dallas Description A tract on the Southwest corner of Section 11, Block E-2 (This is residential) Mr. Thomas Griffith, attorney on behalf of WEZY, Inc., appeared for his client and indicated no opposition per se, but did state that his client felt that the property owners on the West side of Quaker should be assessed equally and to do so only for the property owners on the East side was unjust, and he therefore requested that the Council consider assessing the West side property owners and he (Mr. Griffith) would study the calculations subsequent to this appearance. Mr. Jennings responded to Mr. Griffith on this particular item to the effect that the West side property owners had pre -paid paving assessments completed sometime ago, and therefore their proportionate share had already been handled. Rate: paving $11.01 C/G $5.75 The motion was made by Councilwoman Baker, seconded by Councilman Brown to approve the above rates as recommended. Motion carried: 4 Yeas, 0 Nays, (McAlister absent). 1499 DEC 9 - 1982 F1 F] F_ Parcel #5 Property Owner: WEZY, Inc., Dallas Description A tract (This is commercial) Rate: paving $49.14 C/G $5.75 The motion was made by Councilwoman Baker, seconded by Councilman Brown to approve the above rates as recommended. Motion carried: 4 Yeas, 0 Nays, (McAlister absent). Parcel #6 Property Owner: Furr Wolfe Description Lot 1, Block 1, Furr Wolfe Addition Parcel #7 Description Lot 1, Block 2, Furr Wolfe Addition Parcel #8 Description Lot 2, Block 2, Furr Wolfe Addition Parcel #9 Description Lot 1, 29, 30, 89, 90, 132, and Tract B. Quaker Heights Addition Parcel #10 Description Lots 258, 259, 354, Tract B, and a parcel described by metes and bounds on file, Quaker Heights Addition. All of these parcels had the pre -paid paving submitted, and no assessments or action by the Council is required. Following all discussion, the hearing was closed at 10:20 A.M. 1�1 DEC 9 - 1982 82-41A-1500- 2263 ( 10 ) 82-41A-1500- 2264 ( 11 ) Consider ordinance related to proposed paving improvements for -portions of South Quaker Avenue from Loop 289--south to 82nd Street (GWO 11,5 Ordinance No. 8382 The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Ordinance No. 8382 on first reading according to the approved rates referenced above. Motion carried: 4 Yeas, 0 Nays, (McAlister absent). JCR:da ORDINANCE NO. 8383 G.W.O. 11,591 AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF THE FOLLOWING STREET: QUAKER AVENUE FROM SOUTH LOOP 289 TO 82ND STREET, SUCH PORTION BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF, SAID PORTION OF SAID STREET BEING IN THE CITY OF LUBBOCK, TEXAS, AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATIONS IN EVIDENCE HEREOF, ALLOCATING FUNDS. Consider a resolution authorizing the Mayor to execute a partial paving release along the west side of Quaker Avenue. Resolution No. 1270 This is a paving release. This release is to remove any cloud or land which may have been created by the filing of Resolution No. 1250, being recorded in Volume 828, page 3, 83-384 of the Deed Records of Lubbock. The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass Resolution No. 1270 authorizing the above referenced paving release. Motion carried: 4 Yeas, 0 Nays, (McAlister absent). Councilwoman Baker queried the priority status for paving of Quaker Avenue from 82nd to 98th Street, to which the City Manager responded that it was included in the bond election, but probably would be included in the third sale unless the Council wished to re -prioritize the scheduled projects. By CONSENSUS, the Council asked that he prepare a report indicatiar, when this portion of Quaker coulu be paved due to its deplorable condition and the urgency of the matter. JWF: j s RESOLUTION NO..1270 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 Partial Paving Release covering 0 certain abutting properties on Quaker Avenue as set forth in said Release, said Release being 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 9th day of December -, 1982. IS/ Alan Henry ALAN HENRY, Mayor Pro Tem 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, Asst. City Attorney STATE OF TEXAS PARTIAL PAVING RELEASE 1501 r •« 383-384 (inclusive) of the Deed of Trust Records of Lubbock County, Texas on October 21, 1982, declared the necessity for making improvements as to paving, drainage, curb, and gutter facilities as regards Unit and Subunit 2240-40 for Quaker Avenue from South Loop 289 to 82nd Street as more fully set forth in said Resolution; and WHEREAS, certain abutting properties as hereinafter described need to be released from any lien or cloud on title on such abutting properties by reason of the fact that certain abutting properties are not and have not been assessed for such improvements for the reasons hereinafter stated; NOW THEREFORE: F� 1, KNOW ALL MEN BY THESE PRESENTS: In consideration of correcting the public records, any liens or clouds on title are hereby released, quitclaimed, cancelled, and discharged to the owners of record as their interest may appear by the City of Lubbock by reason of passage of the aforesaid Resolution and its recordation as aforesaid because no assessments for improvements have been made or will be made pursuant to said Resolution as against } the following described properties for the reasons as indicated below: ? (1) Lot 1, Block 1, Furr-Wolf Addition to the City of Lubbock, Lubbock County, Texas: This property will not be assessed because the curb and gutter and full width paving will not be constructed since it is abutting State right-of-way for Loop 289. (2) Lots 1 and 2, Block 2, Furr-Wolf Addition to the City of Lubbock, Lubbock County, Texas: These properties will not be assessed because prepaid paving monies were placed with the City. (3) Lots 1, 29, 30, 89, 90, 132, 258, 259, 354, 355 and Tracts B, D, F-1, F-2, F-3 and F-4, Quaker Heights Addition to the City of Lubbock, Lubbock County, Texas and a parcel of unsubdivided land described by metes and bounds as follows: BEGINNING at a point which bears North 005' West 974.60 feet and South 89°55' West 30.00 feet from the Southeast corner of Section 10, Block E-2, Lubbock County, Texas, said point being in the West right-of-way line of Quaker Avenue. THENCE South 0°5' East along the West right-of-way line of Quaker Avenue a distance of 146.00 feet to a point. THENCE South 89°55' West a distance of 90.00 feet to a point. THENCE North 0°5' West a distance of 146.00 feet to a point. Fill".,,. THENCE North 890 55r East of distance of 90.00 feet to the POINT OF BEGINNING. These properties will not be assessed because prepaid monies were placed with the City. The Release shall only affect the specific abutting properties hereinabove set forth, and all liens and interests of the City of Lubbock not specifically herein released are hereby retained for all purposes as evidenced by the passage and recordation of said Resolution as hereinabove set forth. WITNESS MY HAND AT LUBBOCK, TEXAS this 9th day of December 1982. /S/ Alan Henry ALAN HENRY, Mayor Pro Tem. ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: /S/ J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared Alan Henry, known to me to be the person whose name is subscribed to the foregoing instrument and 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 t 1502 82-41A-1502- 2265 ( 32 ) expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this (Seal) 13th day of December , 1982. /S/ Olivia R. Solis Notary Public, Lubbock County, Texas Commission Expires 11/30/35 Consider the request of Eddins-Walcher Co., on behalf of Bergstein Hot Oilers, for the installation of an LP gas tank, located on East Highway 114, one mile west of the eastern city limits. — Fire Marshall Stokes indicates they have received the request from Eddins-Walcher on behalf of Bergstein Hot Oilers for the installation of an LP fuel storage tank. The facility is located on Idalou Highway one mile west of the eastern city limits and has been inspected by the Fire Marshall's office and approved by the Railroad Commission. The motion was made by Councilman Brown, seconded by Councilwoman Baker to grant this request. Motion carried: 4 Yeas, 0 Nays, (McAlister absent). 82-41A-1502- 2266 Consider Bid #7088 for one greensmower and one sod cutter (Meadowbrook Golf Course). 33 ) Low Bidder Colonial Motor Company Dallas, TX Item #1 $7,840.00 Item #2 $1,490.00 82-41A-1502- 22,67 Consider Bid #7087 for hydraulic wrench (Elec. Prod.) 34 Low Bidder NSW Corporation Austin, TX $8,440.00 82-41A-1502- 2268 Consider Bid #7077 for portable air compressor (Sewer Collection). 35 ) Low Bidder Air Machinery Company Lubbock, TX $15,735.87 82-41A-.1502- 2269 Consider Bid #7085 for hydraulic sewer cleaner, truck mounted (Sewer Collection). 36 ) Low Bidder Naylor Service & Supply Co. Pasadena, Texas $39,450.00 82-41A-1502- 2270 Consider Bid #7121 for miscellaneous fencing material (Parks & Rec. Dept.). 37 ) Low Bidder Hurricane Industries Lubbock, TX $5,124.01 82-41A-150Z­2271 Consider Bid #7059 for water meters, various sizes (Water Meter Shop). 38 Item #1 Rockwell International Corporation Houston, TX $2,174.00 Alt. $4,348.00 Item #2 Neptune Water Meter Company Dallas, TX $1,304.00 Alt. $10,432.00 Items 3, 4, 5, 6, 7 Precision Meters, Incorporated Waco, TX $69,238.57 82741A- 1502-2272 Consider Bid #7089 for miscellaneous water items (warehouse stock). 39 ) Items 1, 3, 4 Trans -Tex Supply Company Odessa, TX $2313.40 Items 2, 5, 6, 7 M.B. McKee Company Lubbock, TX $6869.80 82-41A-1502-2273 Consider Bid #7072 for miscellaneous electric items (warehouse stock). ( 40 ) Item #1 Westinghouse Electric Supply Co. Lubbock, TX $1,234.00 1503 DEC 9 - 1982 Items 2, 4, 5, 7, 10, 14 Temple, Incorporated Lubbock, TX $4,825.40 Items 3, 6, 8, 9 Nelson Electric Supply Company Lubbock, TX $2958.20 Items 11, 12 Southwestern Electric Supply Co. Lubbock, TX $1529.39 Item #13 Fields & Company Lubbock, TX $663.00 82-41A-1503-2274 -Consider Bid #7071 for miscellaneous wire & cable (warehouse stock). 41 Items 1, 2, 3, 4 Fields & Company Lubbock, TX $20,771.00 Items 5, 6, 7 Nunn Electric Supply Corporation Lubbock, TX $4,015.06 Items 8, 9, 10 Fields & Company Lubbock, TX $27,998.10 82-41A-1503-2275 Consider Bid #7105 for catered meals for all six Senior Centers (Parks & Rec. Dept.). 42 Low Bidder Professional Food Service Management Lubbock, Tx $134,160.00 82-41A-1503-2276 Consider Bid #7044 for signal system (Traffic Engineering), and authorize same. 43 ) Resolution No. 1279 *NOTE: Certificate of Insurance, Performance Low Bidder Wink-O-Matic Signal Company Bond, and Power of Avon Lake, Ohio $598,441.93 Attorney are This was discussed in work session briefly to the effect that the recommended bid as reference filed w/Reso. above excluded the maintenance contract which can be implemented nearer the completion of the I project. SMH: da o RESOLUTION NO. 1279 an cc BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 0 THAT the City Council of the City of Lubbock having considered the bids for the Computer, Peripheral Equipment and Communications for the Lubbock Signal System deems that the best bid for said project is by Winko-Matic Signal Company in the 00 amount of Five Hundred Ninety -Eight Thousand Four Hundred and Forty One Dollars_and: Ninety -Three Cents ($598,441.93);,and Ri Cq THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract between the City of Lubbock and Winko-Matic Signal Company for the Computer, Peripheral Equipment and Communications for the Lubbock Signal System, 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 9th day of December ,1982. /S/ Alan Henry ALAHENRY, Mayor Pro Tem ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Larry V. Hoffman Larry V. Hoffman, Traffic and Transportation Director la04 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this day of , A.D. 1982, by and between the City of Lubbock, County 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 Winko-Matic Signal of the City of Avon Lake hereinafter termed CONTRACTOR. County of Lorain and State of Ohio WITNESSETH: That for and in consideration of the payments and agreements hereinaft mentioned, to be made and performed by the OWNER and under the conditions expressed in bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commen and complete the construction of certain improvements described as follows: Furnish and construct the Lubbock Signal System with associated equipment: Computer, PeripheKal Equipment and Communications. and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Conditions of Agreement. The CONTRACTOR hereby agrees to commmence work within ten days after the date written notice to do so shall have been given to him and to 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 deductions, as provided 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 deductions, as providedfn 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. ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT /S/ Jim Bertram Jim Bertram, Assistant City Manager for Planning and Development Services APPROVED AS TO FORM: /S/ Susan M. Horton Susan M. Horton, Asst. City Attorney CITY OF LUBBOCK, TEXAS (OWNER) BY: /S/ Alan Henry ALAN HENRY, Mayor Pro Tem Winko-Matic Signal Company CONTRACTOR TITLE: President 15D5 82-41A- 1505-2277 Consider Bid #7020 for Sub -station transformers (Elec. Distrib.), and authorize ( 44 ) same. Proposal P-98904 along with Power Resolution No. 1280 Transformer Service Policy, letter from Low Bidder McGraw -Edison Becky Phillips & Arlington, TX g $442,896.00 J.L. Thames are filed w/Reso. Mr. Ken Dew, Assistant Purchasing Director indicated that all the referenced bids above were low bids and meet specifications. The motion was made by Councilman Aderton, seconded by Councilwoman Baker to approve the above referenced bids as submitted; to pass Resolution No 1279, approving the contract with Wink-O-Matic Signal Company, excluding the maintenance contract; and to pass Resolution No. 1280 authorizing the contract between City of Lubbock and McGraw - Edison for Sub -station transformers. Motion carried: 4 Yeas, 0 Nays. KJ:cl RESOLUTION NO. 1280 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract between McGraw -Edison and the City of Lubbock for purchase of two (2) 15/20/25 MVA substation transformers with voltage ratings of 115KV/69KV/12470, 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 9th day of December , 1982. /S/ Alan Henry ALAN HENRY, Mayor Pro Tem ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Carroll McDonald Carroll McDonald, Director of Electric Utilities APPROVED AS TO FORM: /S/ Ken Johnson Ken Johnson, Assistant City Attorney 82--41A-1505-2278 Consider Bid #7066 for construction of Neighborhood House, and authorize same. ( 45 ) *NOTE: Bid Bond & Bid a. Consider the allocation of contingency funds for Proposals filed w/ Reso. construction of Neighborhood House (Community Dev.) Resolution No. 1281 This project was included in the 1981 CDBG Program in the amount of $75,000 for the construction of a new building for Neighborhood House as well as renovation of the existing structure. The first bids received were out -of -sight and greatly exceeded the allocated funds. Subsequently, additional recalculation and new bids were received to conform more suitably with the allocation approved. The new bids were in two parts -- construction of the new building only; and construction of the new building and renovation of the existing structure. Sixty-eight thousand dollars remains available for construction, $7,000 having been spent to date for architect fees, appraisal fees, soil testing, surveys and the printing of the bid documents. The staff recommends that the construction of the new building only be considered at this time, the bids for such construction being $95,989.00 which creates a deficit of $27,898.00. If, in fact, this bid is approved, the Council would need to allocate the deficit sum ($27,989) from Contingency to cover the project. This is to say that renovation of the existing structure would need to be funded from private donations or other sources other than CD funds. This matter was discussed thoroughly at Work Session and at the Regular Session, Matt Matthews, Director of Neighborhood House, apprised the Council of the floor plan expected and of some of the renovation work being needed in the existing structure. Following all discussion, the motion was made by Councilwoman Baker, seconded by Councilman Brown to approve Bid No. 7066 and to pass Resolution No. 1281 authorizing the contract with Lubbock Development Company and to authorize the allocation of 827_9Aq-on of rT) rnni-inan—, 'G'_A, i-.. .,- 3 t;.._- r--- -- ---- • 11 . . 1506 Following the consideration of this matter, Mayor Pro Tem Henry indicated that it seemed that a lesson to be learned from this project is that those requests made at the time of the public hearing for a grant application that all requests be adequately documented in support of cost estimates and cost projections for the requested project and he recommended that the CDAC require this documentation from the interested party and submit same at the time of the public hearing. This would eliminate this experience of underestimating construction costs or overplanning the construction project itself. Councilwoman Baker inquired as to the status of the Emergency Roof Repairing Program that was a part of the CD Program and asked the staff to assemble a report for December 16, as to the needed funds to complete additional requests under this emergency program provision. JS /mck RESOLUTION NO. 1281 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract between the City of Lubbock and Lubbock Development Company, Inc., for the renovation of the Lubbock Neighborhood House, 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 ATTEST: 9th day of December - ,1982. /S/ Alan Henry ALAN HENRY, Mayor Pro Tem /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Richard B. Mays Richard Mays, Director of Community Development APPROVED AS TO FORM: /S/ Joan Sherwin Joan Sherwin, Assistant City Attorney CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 9th day of December , A.D. 19 82, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through ALAN HENRY Mayor Pro Tem, thereunto authorized to do so, hereinafter referred to as OWNER, and Lubbock Development Company, Inc. 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 CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: Lubbock Neighborhood House for the City of Lubbock Base Bid and Alternate No. 1 as per City of Lubbock Bid No. 7066 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 ..' .1 - j__­ __ A-44-A 4- i-i,o r'_an,­rn1 rnn(iitinn of Agreement. 1507 DEC 9 - 198Z F_j 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 therefor, subject to additions and deductions, 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 ISI Alan Henry MAYOR PRO TEM, ATTEST: ISI Evelyn Gaffga City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Richard B. Mays ISI Joan Sherwin Assistant City Attorney CONTRACTOR BY: /S/ 'kL,2d Davis TITLE: Vice President /S/,.Caye.Davis COMPLETE ADDRESS: Secretary P.O. Box 65221 Lubbock, Texas 79464 82-41A- 1507-2279 Zone Case #1875-1 - Ordinance No. 8383 12 ) Request of John Graham for Brownfield Investments to change Lot 4, Commanders Addition, Pub's Affidavid from C-3 to C-4 zoning district, located south of _19th Street and west of Milwaukee Avenue. on pg. 1.511 The Planning and Zoning Commission recommends this request be approved, subject to all C- 4 uses, with the following execptions- In accordance with a Notice published on November 24, 1982 in the Lubbock Avalanche - Journal a public hearing was held on the above matter. Proponent: Burl Masters, on behalf of Brownfield Investments. This request is for C-4 Zoning. Before the Planning and Zoning Commission, an opponent appeared to express objection to the request, said opponent owning land on the south of the referenced location. The opponent requested a number of deletions from the list of allowable uses, and inasmuch as no compromise was possible, P&Z approved the request at their second hearing on this matter, making exception for those items to which the opponent objected. Adjacent land uses are: C-4 development on the frontage of 19th Street on the north, R-1 Specific Use (Motile Home Park) on the south, and C-4 scattered development on the east with C-4 existing development on the west. At a second hearing before P&Z, the compromise for allowable uses was reached, said allowable uses being the same as permitted at all C-4 Zoning with the exceptions listed below: 1) Automobile body shops 2) Billboards 3) Commercial private clubs and teen clubs 4) Dance hall 5) Feed store 6) Furniture store 7) r_nrno rnnm - - - 1 1,4 1 1 4 -A. —A 1508 82-41A-1508-2280 ( 13 ) *Amends Ord. 3681 (12/28/61) * Pub's Affidavid on page :1511 domino parlor 8) Motorcycle shop 9) Public kennel 10) Second-hand goods store or pawn shop 11) Used car lot The Commission granted approval of the request subject to the following conditions: 1. That the zoning be tied to a site plan. 2. That a detailed landscape with adequate maintenance facilities be submitted prior to the first reading of the ordinance. 3. That the allowable uses be restricted to those permitted in C-4 with the following excecptions to be excluded: 1) Automobile body shops 2) Billboards 3) Commerical private clubs and teen clubs 4) Dance hall 5) Feed store 6) Furniture store 7) Game room, pool, billiards and/or domino parlor 8) Motorcycle shop 9) Public kennel 10) Second-hand goods store or pawn shop 11) Used car lot P&Z approved unanimously the above request subject to the above conditions. There being no opposition or discussion, or additional staff comments before the Council, the motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Ordinance No. 8383 on first reading, and to grant approval of the request subject to the conditions stated above. Motion carried: 4 Yeas; 0 Nays; Mayor McAlister absent. SMH/mck ORDINANCE NO. 8383 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 1875-J; TO CHANGE LOT 4, COMMANDERS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-3 TO C-4 ZONING DISTRICT; SUBJECT TO C-4 USES WITH CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Zone Case #2387 - Ordinance 8384 Request of Bill Cox for J.G. Wilkerson to change Lots 1, 2 and East 90' of Lot 3, Block 1, Westgate Drive Addition to amend conditions of Ordinance #3681, located at 19th Street and Quaker Avenue. The Planning and Zoning Commission recommends this request be approved, subject to the following condition: a. That clinics and banks be permitted uses on this tract. b. That a 7' red cedar stockade fence be erected across the alley on the adjacent property owner's property. C. Any dumpster in the alley be limited to 3-yd. cubic capacity. d. To allow rear access from the building to the alley. In accordance with a Notice published on November 24, 1982 in the Lubbock Avalanche - Journal, a public hearing was held on the above matter. Proponent: Bill Cox for J. G. Wilkerson Mr. Cox appeared to request deletion of certain conditions that were placed upon the location by Ordinance No. 3681 (12/28/61) which prohibited the construction of clinics and banks as a land use in an existing shopping center, and restricted the garbage collection to the development lot; it also prevented access to the rear of the building from the alley. The building is an older building, built under a previous zoning ordinance, and if it were constructed under today's zoning ordinance, there would be required a set back off the alley line with solid screening along the alley. The proponent wants to do some major remodeling and some addition to the existing structure. Adjacent land uses are: existing R-1 development on the north; existing C-3 on the south across 19th Street; existing C,-3 on the east across Quaker; and existing R-1 development on the west. Under the present zoning ordinance, banks and clinics are currently allowable in a C-3 District. There are assurances of protection made by `L- __--- L__ ..LL.. _._-.r -- L._,1A - ,,.,94A 1, -4A- -4 +L..-. -1 11, �. +- MW 71 L I Zoning Commission approved the request subject to the following conditions: 1. That clinics and banks be permitted uses on this tract. 2. That a 7' stockade fence be built across the alley on the adjacent property owner's property. 3. That access to the alley be allowed through the rear wall of the building. 4. That any dumpster located in the alley be limited to a three -cubic -yard unit. Mr. Cox indicated that there was one property owner who was in agreement with the proposed plan previously, and did not appear before P&Z to express any objection, but was present in the Council Chambers and wished to express an objection to the zone change as it pertains to the 7' stockade fence which the proponent was going to construct in the interest of the property owners situated across the alley. Mr. William Mallory - 4405 18th Street has property across the alley from the proposed site and expressed his objection to the fence inasmuch as his back yard was unfenced, and the proposed 7' fence would obstruct the ingress and egress to his lot inasmuch as he was a commercial painter, and he had as his back yard was unfenced, and the proposed 7' fence would obstruct the ingress and egress to his lot inasmuch as he was a commercial painter, and he had his paint, ladders, and other equipment stored in his back yard, and apparently conducts his business from his residential property. Mr. Mallory did not concede to this point when queried by the Council, but he does conduct his business, at least to a limited extent, from his residence and he was actually asking the proponent to fence his lot on the east, the west, and the south portion. The proponent responded briefly that they did not feel that this was a justifiable request. Following the discussion and staff comments relating to this situation, the motion was made by Councilman Brown, seconded by Councilwoman Baker to uphold P&Z granting the request with the stated conditions. Motion carried: 4 Yeas; 0 Nays; Mayor McAlister absent. SHM/mck ORDINANCE NO. 8384 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. 2387; TO CHANGE LOTS 1, 2 AND THE EAST 90 FEET OF LOT 3, BLOCK 1, WESTGATE DRIVE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, TO AMEND CONDITIONS OF ORDINANCE NO. 3681; 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-1509-2281 Zone Case #2388 - Ordinance 8385 ( 14 ) kPubfs Affidavid Request of First National Bank at Lubbock (for Willie Mae "Billie" Wolf) for a Specific on pg. UIL Use Zone Change, from R-1 to AM Specific Use Permit under provisions of Sec. 22.3-23 of the Zoning Ordinance, for an automatic teller machine on the west 40' of Lot 21, Block 2, Westlawn Addition, located at 21st Street and Indiana Avenue. The Planning and Zoning Commission recommends this request be approved, subject to the following conditions: a. That a detailed landscape plan be submitted prior to first reading of City Council. b. That the kiosk structure be moved a minumum of 8' to the north for three full car lengths of stack -up space on the development lot. In Accordance with a Notice published on November 24, 1982 in the Lubbock Avalanche - Journal, a public hearing was held on the above matter. Proponent: Mr. 0. V. Scott, Attorney on behalf of Mrs. Wolf Councilwoman Baker requested to abstain from this matter; request granted. The request for AM Specific Use is to allow for the construction of a drive-in bank teller facility to be built on a lot that is a remnant of the previous Indiana Avenue widening project. Adjacent land -uses are: AM development with scattered residential development on the north; existing R-1 development on the south; existing R-1 development across Indiana on the east; and R-1 and scattered AM development on the west. P&Z approved the request subject to the two conditions stated above. Mr. Scott indicated that there was one change that they had made since the appearance before P&Z. It was originally requested before P&Z that the exit traffic would use the alley on to Indiana, but further investigation reflected that a utility poll with guy wires and the relocation of said poll was too involved for the existing utilities. Therefore,i, they have redesigned the proposed construction to exit on its own property, and would therefore relocate the landscaping as stipulated. There being no opposition, no discussion and no further staff comments, the hearing was closed. No. 8385 on first reading tying the request to the site plan as revised, including the relocation of the appropriate landscaping as well as the additional conditions stated above regarding stack- up traffic. Motion carried: 3 Yeas; 0 Nays; Councilwoman Baker abstained, and Mayor McAlister absent. SMH/mck ORDINANCE NO. 8385 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. 2388; A SPECIFIC USE ZONE CHANGE, FROM R-1 TO AM SPECIFIC USE PERMIT UNDER PROVISIONS OF SECTION 22.3-23 OF THE ZONING ORDINANCE, FOR AN AUTOMATIC TELLER MACHINE ON THE WEST 40 FEET OF LOT 21, BLOCK 2, WESTLAWN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; 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- 1510-2282 Zone Case #2389 - Ordinance No. 8386 ( 15 ) *Pub's Affidavid Request of W. M. Wright (for Reynolds Module) to change a tract of land out of - - - Section 18, Block A, from R-1 to M-1 zoningdistrict, located south of Clovis Road on pg. I.511 and East of Quaker Avenue. The Planning and Zoning Commission recommends this request be approved, subject to the following condition: A. That the zoning be changed to IDP. In accordance with a Notice published on November 24, 1982 in the Lubbock Avalanche - Journal, a public hearing was held on the above matter. Proponent: Mr. Bill Wright This request is for open M-1 zoning to build and operate a component assembly and service facility of Reynolds Module. The expansion is to an existing structure and would be immediately east on North Nashville Avenue. Adjacent land uses are: existing C-4 and M-1 development on the north; vacant R-1 and vacant industrial park development on the south; open M-1 with scattered development on the east; and vacant R-1 on the west. This property is located in an industrial park area on the Comprehensive Plan, and since the request is for M-1, it represents a minor deviation from the Plan. The P&Z Commission approved the requested industrial park zoning to the south, and directed that industrial park standards be applicable to the entire area from Nashville Avenue west to Quaker. The basic difference between M-1 and IDP is an additional 3% landscaping requirement, a site -plan requirement, and different setbacks when the case actually fronts a major thoroughfare. There being no opposition, discussion, or staff comments, the hearing was closed. The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass Ordinance No. 8386 on first reading approving the above stated request subject to the zoning district being changed to IDP. Motion carried: 4 Yeas; 0 Nays; Mayor McAlister absent. SMH/mck ORDINANCE NO. 8386 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. 2389; TO CHANGE A TRACT OF LAND OUT OF SECTION 18, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO M-1 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. i.I'i/ DEC 9 - 1982 I 7, THE STATE OF TEXAS COUNTY OF LUBBOCK i Before me Bonnie McKee a Notary P blic in and for Lubbock a1 personally appeared Twi I a Aufi I I Aeeoun't anager of t a� pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, E being by me duly sworn did depose and say that said newspa er h erpublish ublish 1 than fifty-two weeks prior to the first insertion of this Le a1 01ce-945 o word-$283 50 No. 619645 at Lubbock County, Tex< ed copy of the Notice is a true copy of the original and w< ( Avalanche -.Journal on the following dates: November 249 1982. K6540 i Account Managr LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 24th day of November 19 82 4 FORM 58-10 1982 tjXjw�,c eirr sccRErqRr ITEMS INCLUDED IN PUBLISHER'S AFFIDAVID ARE: 82-41A- 1507-2279 ( 12 ) 82-41A-1508-2280 ( 13 ) 82-41A-1509-2281 ( 14 ) 82-41A-1510-2282 ( 15 ) Zone Case No. 1875-J Zone Case No. 2387 Zone Case No. 2388 Zone Case No. 2389 The Council recessed for Executive Session at 11:00 A.M. The Council reconvened at 11:30 A.M. 82-41A-1511-2283 Hold a public hearing on the application of Union Oil Company, Midland Division, for ( 16 ) an oil and gas drilling permit, designated as O.C. Horne #2 well site. Pub's Affidavid In accordance with a Notice published on November 24, 1982 in the Lubbock Avalanche - on pg. 1513 Journal, a public hearing was held on the above matter. Proponent: Richard Myers - Attorney for Union Oil Company y a- 0 e M This application was filed on November 5, 1982 for a well site designated as O.C. Horne #2. The well site per se, and the storage site are located east of University Avenue and north of Kent Street approximately 330' south of the City limits, in the vicinity of Regis Street. The production unit is unitized, and contains the required 40 acres. Union Oil request earthen sludge pits and no landscaping. Also the storage unit is to be located adjacent to the well site. Disposal of waste material is designated as 1.5 miles north of Lubbock on North Quaker Avenue, as approved by the Railroad Commission. The section line located across from the well site on the north will be utilized for ingress and egress purposes. There are minimum short-term impacts inasmuch as the site is situated in an agricultural area. The long term impacts between University Avenue and the railroad tracks is in accordance with the 1974 Land Use Plan, and is designated as residential although the current use is agricultural for the entire half section. If the area eventually develops into residential, the wells would be located therein. The recommended conditions to be stipulated on the permit are: 1512 DEC 9 - 1982 *J.40TE: Consider aplroval of Oil and Gas Drilling Permit is located on page .1513 Item No. 32-41Av-1513-2204 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 Union Oil Company of California, for the drilling of an oil and.gas well known as the 0. C. HOrne Well No. 2 to be located on the site and in the production unit indicated on tj amended application attached hereto and made a part hereof by reference for all purposes. Union Oil Company of California hereinafter referred to as PER14ITTEE, hereby agrees that each provision of Chapter 19A of the Code of Ordinances of the City of Lubbock will be complied with and that this permit is issued contingent upon such compliance. Chapter 19A of the Code of Ordinances of the City of Lubbock is by reference incorporated herein for all purposes and shall have the same force and effect as if copied verbatim herein. This permit is granted for a period of one hundred and eighty (180) days from date of issuance and as long thereafter as the permittee is engaged in drilling operations with no cessations of such operations for more than ninety (90) days, or oil or gas is produced in commercial quantities from the well drilled. If at any time after discovery of oil or gas the production thereof in commercial quantities shall cease, the permit shalt not expire if the permittee commences additional reworking operations whithin one hundred and eighty (180) days thereafter, and if they result in the production of oil or gas, so long thereafter as oil or gas is produced in commercial quantities from such well. This permit is granted subject to the follo��Yin_- 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 indicated within the application for Union Oil Company of California for 0. C. Horne Well No. 2. The use of earthen slush pits as opposed to steel pits is hereby authorized as requested by Union Oil Company of California, said earthen pits to be constructed in accordance with the requirements as outlined in Section 19A-13 of the Code of Ordinances of the City of Lubbock, Texas. The Well drilled pursuant to this permit shall not exceed a depth of 5,400 feet. PERMITTEE agrees to save harmless the City of Lubbock from and against all claims, suits, damages or losses in any manner arising out of or connected with the drilling and/or operation of this oil and gas well. GRANTED this 22nd ATTEST: /S/ Linda H. Hicks APPROVED AS TO CONTENT: day of December /S/ Jim Bertram Jim Bertram, Assistant City Manager . 1982. CITY OF LUBBOCK /S/ Larry J. Cunningham Larry Cunningham, City Manager UNION OIL COMPANY OF CALIFORNIA /S/ Robert V. Lockhart District Land Manager APPROVED AS TO FORM: 1513 DEC 9 - 1982 F-� F] F1 1511 to free up the hole during drilling, until drilling depth exceeds 500 feet. 2. The permittee shall meet all the requirements in Section 19-A of the Lubbock Code and those specifications indicated within the application of Union Oil for 0. C. Horne #2. There being no discussion and no oppsition the hearing was closed. THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Bonnie McKee "°°"' a Notary Public in and for Lubboc a. � °e �'� �a y personally appeared Twi I a Aufi I I Ae ount Manage r of dw qu�est�i spa- ° pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, �; y.� ho being by me duly sworn did depose and say that said newspaper has been publis tl$ ore than fifty-two weeks prior to the first insertion of this Lega I Notice 14� s z word-$44.40 No. 619644 .; at Lubbock County Te5 °,'�(f������ i��;�'r� �w����� int- ed copy of the Ne t i cQ is a true copy of the original and sir ock Avalanche -Journal on the following dates: November 249 1982.:�n �+�a K6676� ;v Aihs 2b 4 EU Cq Y% x Account Manager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation IPA r' 24th November 82 Subscribed and sworn to before me this day of 19' F4 C V 2 61982 FORM 58-10 WlyGRAR1� Publisher's Affidavid includes the following item: 82-41A-1511-22un3 ( 16 ) 82-41A-1513--2234 (Consider approval of Oil and Gas Drilling Permit to Union Oil Company, Midland Division, ( 17 ) designated as 0. C. Horne #2 well site. *NOTE: See Oil & Gas The motion was made by Councilwoman Baker, seconded by Councilman Aderton to grant Drilling Permit the above requested Oil & Gas Drilling Permit to Union Oil Company, Midland Division, On page 15:12 for a well site designated O.C. Horne #2, with the conditions as recommended by the staff stated above. Motion carried: 4 Yeas; 0 Nays; Mayor McAlister absent. The Council recessed to continue Executive Session and 11:35 A.M. followed by lunch and the consideration of Board Appointments. 82-41A- 1513--2285 Consider one appointment to the CIVIC CENTERS BOARD to fill the unexpired term ( 46 ) of Bruce Collier, who has resigned. Appointed: Lou Conner (Mrs. Coffee) 3709 - 64th Dr. (13) 792-1912 (to fill the unexpired term of Bruce Collier, said term expiring 8/1/85) (Declined) 82-41A<-1513=22;86 Consider one appointment to the HOUSING STANDARDS COMMISSION. Category: General ( 47) contractor. Appointed: Byron 0. Martin 4501 - 17th (16) 799-7706 P.O. Box 10424 (08) 763-9284 Term: 12/9/82 - 12/19/85 (Declined) 15.14 The motion was made by Councilwoman Baker, seconded by Councilman Brown to approve the above referenced Board Appointments. Motion carried: 4 Yeas; 0 Nays; Mayor McAlister absent. There being no further business to come before the Council, the motion was made by Councilwoman Baker, seconded by Councilman Brown to adjourn at 1:35 P.M. Motion carriea: 4 Yeas; 0 Nays; 'iviayor McAlister absent. - I I ALAN ktNkt, May'or Pr­i , ATTEST: Evelyn GafTga, City Secr6ta-Treas`urer READ AND APPROVED THIS 13th —DAY OF January —, 1933. ATTEST: tvelyn Gaffga, City S "'ClIV ry-Treasurer ALAN ktNRY, May"o-i"Pro t,6m