HomeMy WebLinkAboutMinutes - City Council - Regular - 1/27/1983JANUARY 27, 1983
At 8:32 a.m. Mayor Pro Tem Alan Henry announced that an Executive Session would be
held for the purposes of considering land acquisition and pending litigation. This
announcement was in accordance with Article 2, Section 6265 17, V.A.T.S.
The City Council of Lubbock, Texas, met for its regular meeting Thursday, January 27,
1983, at 9:30 a.m. in the City Council Chambers, Second Floor, City Hall.
Those present:
Mayor Pro Tem Henry, Councilman E. Jack Brown, Councilwoman Joan Baker,
Councilman M. J. Aderton, City Manager Larry Cunningham, City Attorney John C. Ross, Jr.,
and City Secretary -Treasurer Evelyn Gaffga.
Absent: Mayor Bill McAlister
83-42-31-50 The invocation was given by Bob Cass, Assistant City Manager of Public Safety and
(1) Services.
83-42-31-51 The Pledge of Allegiance to the Flag was given in unison by those present in the
(2) Council Chambers.
83-42-31-52 Approval of Minutes --Regular Meeting, January _13, 1983
(3) Special Meeting, January 17, 1983
The motion for the Regular Meeting was made by Councilman Aderton, seconded by
Councilman Brown to approve the minutes as submitted. Motion carried: 4 Yeas,
0 Nays. Mayor McAlister was absent.
The motion for the Special Meeting was made by Councilman Aderton, seconded by
Councilwoman Baker to approve the minutes as submitted. Motion carried: 4 Yeas,
0 Nays. Mayor McAlister was absent.
83-42-31-53 Board Appointments
(4) Anita Taylor Civic Centers Board
Dr. Armando Duran City Health Board
Dr. William M. Pearce Jubilee 75 Executive Committee
Curtis Brown South Plains Training Consortium
Octavia Givens Human Relations Commission
Proclamation:
83-42-31-54 "American Heart Month" - February 1983
(5)
Receiving: Floyd Stumbaugh
83-42-31-55 "Children's Dental Health Month" - February, 1983
(6) Receiving: Mrs. Don Grimes, Chairman, Dental Health
Dental Wives Auxiliary
Dr. Jeff Keeling, Chairman, Dental Health
South Plains Dental Society
83-42-31-56 "Marriage and Family Enrichment Week" - February 7-14, 1983.
(7) This item was not presented.
83-42-31-57 Airman of the Month
(8) Airman First Class Lesta E. Anderson, Airman of November, 1982.
83-42-32-58 Presentation of Plaques for Outstanding Service to Airport and Fire Personnel
(9)
The Southwest Chapter of the Association of Airport Executives issued plaques
for outstanding service to personnel of the Airport Operations staff as well as
personnel for Fire Station No. 11 situated at the Airport in their participation
and training for Crash Survival Academy held at the Airport in Lubbock. This
training session has been in existence for eleven (11) years, six (6) of which
have been held in Lubbock, and this team of training personnel have received
national recognition for their superb training and track record in this area.
Director of Aviation Marvin Coffee and Fire Chief Tom Foster along with
Mayor Pro Tem Henry made the presentations to the respective representatives of
these groups.
83-42-32-59 Ordinance No. 8388
(10)
Consider an ordinance regarding the due date for payment of electric bills,
failure to pay and discontinuance of service.
The provisions in this ordinance state that the bills shall be due and payable
fifteen (15) days after the date of issuance and reflects the discontinuance of
service for the failure to pay. The effect of this is to give the customer a
thirty (30) days notice prior to termination of service. The ordinance also
states that there is a reconnection charge of $6.00 during normal working hours
and $15.00 outside of normal working hours. This ordinance will become effective
March 1, 1983.
JCR:cl ORDINANCE NO. 8388
AN ORDINANCE AMENDING SECTION 9-19 AND SECTION 9-20 OF THE CODE OF ORDI-
NANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO DUE DATE FOR PAYMENT OF
ELECTRIC BILLS, DISCONTINUANCE OF SERVICE FOR FAILURE TO PAY AND PROVIDING A
SAVINGS CLAUSE.
83-42-32-60 Ordinance No. 8389
(11)
Consider an ordinance regarding the due date for water bills and late payment
penalty.
This ordinance establishes a 5% penalty to water customers for nonpayment of
bill within fifteen (15) days from the date of issuance. The date of issuance
is defined as the date when the bill is placed in the U.S. Mail properly
addressed to the customer.
The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass
Ordinance No. 8388 and Ordinance No. 8389 on second and final reading. Motion
carried: 3 Yeas, 1 Nay (Henry). Mayor McAlister was absent.
JCR:cl ORDINANCE NO. 8389
AN ORDINANCE AMENDING SECTION 28-57 OF THE CODE OF ORDINANCES OF THE CITY
OF LUBBOCK WITH REGARD TO THE DUE DATE FOR PAYMENT OF WATER BILLS, PROVIDING
FOR A LATE PAYMENT PENALTY AND PROVIDING A SAVINGS CLAUSE.
83-42-32-61 Ordinance No. 8392
(12)
Consider an ordinance revising procedures related to claims filed against the
Amends Ord. 7761 City.
(11/9/78) &
Ord. 1646 (1/13/55)
JWF/mck
ORDINANCE NO. 8392
AN ORDINANCE AMENDING SECTIONS 2-35 AND 2-37 OF THE CODE OF ORDINANCES OF
THE CITY OF LUBBOCK SO AS TO REVISE PROCEDURE RELATED TO CLAIMS FILED AGAINST
THE CITY OF LUBBOCK AS SET FORTH IN THE BODY OF THIS ORDINANCE.
83-42-32-62 Ordinance No. 8393
(13)
Consider an ordinance amending provisions related to the permit for a Massage
Business adjusting the fees and providing for expiration date of December 31.
83-42-33-63
(14)
* See Reso. 1307,
1/27/83, authorizing
Quit Claim Deed to
Hub City Body Works
83-42-33-64
(33)
83-42-33-65
(34)
83-42-33-66
(35)
KJ:da
ORDINANCE NO. 8393
AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK,
TEXAS, ENTITLED LICENSES AND BUSINESS REGULATIONS, BY AMENDING SECTION 14-215,
PROVIDING THAT THE PERMIT FEE FOR A MASSAGE BUSINESS SHALL BE FIVE HUNDRED FIFTY
DOLLARS ($550.00) PER YEAR AND PROVIDING THAT SUCH PERMIT SHALL BE RENEWED ON OR
BEFORE DECEMBER THIRTY-FIRST (31st) OF EACH YEAR SUCH MASSAGE BUSINESS IS IN OPERATION
AND PROVIDING THAT ALL MASSAGE BUSINESS PERMITS SHALL EXPIRE ON DECEMBER THIRTY-
FIRST (31st) OF EACH YEAR, REGARDLESS OF WHEN PREVIOUSLY ISSUED AND PROVIDING THAT
PERMIT FEES FOR MASSEURS SHALL BE ONE HUNDRED TEN DOLLARS ($110.00) AND SHALL EXPIRE
ON DECEMBER THIRTY-FIRST (31st) OF EACH YEAR; THE PENALTY BEING SET FORTH IN SECTION
14-192 OF THE CODE OF ORDINANCES OF THE CITY OF UBBBOCK; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
Ordinance No. 8381
Consider an ordinance abandoning and closing a portion of street/alley in Lot 1,
Block 2, Suburban Homes Addition.
The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass
Ordinances No. 8392, 8393, and 8381 on second and final reading. Motion carried:
4 Yeas, 0 Nays. Mayor McAlister was absent.
JWF:da
ORDINANCE NO. 8381
AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREET AND ALLEY:
A PORTION OF 49TH STREET AND A PORTION OF ALLEY IN BLOCK 2, SUBURBAN HOMES 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 STREET
AND ALLEY PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Consider the request of Leeper Oil Company, Inc., for a bond reduction from $25,000
to $10,000 for Raybon #1 Oil Well.
Consider the request of Western Reserves Oil Company for bond reduction from
$25,000 to $10,000 from both Wheeler #1 and Wheeler #2 Wells.
In accordance with Section 19-A-10 of the Code of Ordinances, the permittee may
request reduction of bond from $25,000 to $10,000 for any operational well.
The motion was made by Councilman Aderton, seconded by Councilman Brown to grant the
request of Leeper Oil Company and Western Reserves Oil Company respectively, in bond
reductions as stated above. Motion carried: 4 Yeas, 0 Nays. Mayor McAlister was
absent.
Consider a resolution authorizing the Mayor to sign a release of deed of trust lien
for a no -interest, deferred payment loan.
Resolution No. 1303
As a part of the Community Development Program, Urban Renewal Agency has provided
from time to time no -interest, deferred payment loans for rehabilitation of residential
structures. The homeowner receives a rehabilitation loan, a lien is placed against
the property for the amount of the loan, but the homeowner must repay the loan
before the property can be sold. Mr. John Dudley Davis, 1306 28th Street, received
an NIDP Loan for $8,346, which has been totally repaid and therefore requests the
release of deed of trust lien.
The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass
Resolution No. 1303 authorizing the release of deed of trust lien to Mr. John Dudley
Davis, referenced above. Motion carried: 4 Yeas, 0 Nays. Mayor McAlister was absent.
SMH:c1
RESOLUTION NO. 1303
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 Release of Deed of Trust Lien,
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 27th day of January ,1983.
/S/Alan Henry
ALAN HENRY, Mayor Pro Tem
34
�ry .4
a
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Sandy Ogletree
Sandy Ogletree, Coordinator
Community Development
APPROVED AS TO FORM:
/S/ Susan M. Horton
Susan M. Horton, Assistant City Attorney
STATE OF TEXAS §
COUNTY OF LUBBOCK §
RELEASE OF DEED OF TRUST LIEN
KNOW ALL MEN BY THESE PRESENTS:
That in consideration of the payment in full according to the face and tenor
thereof, of a certain Promissory Note, dated June 9, 1978, payable to the order of
the City of Lubbock, described in a certain Deed of Trust executed by John Dudley
Davis and Bertie Lee Davis to Evelyn Gaffga, Trustee, dated the 9th day of June,
1978, and recorded in Volume 697, Page 823 of the Deed of Trust Records of Lubbock
County, Texas. The City of Lubbock, Lubbock County, Texas, as the owner and
holder of said note, does hereby release the Deed of Trust Lien shown by said Deed
of Trust upon the following described lot, tract or parcel of land situated in
Lubbock County, Texas, to -wit:
Lot Twenty -Two (22) in Block Four (4) of the Belmont Place Addition to the
City of Lubbock, Lubbock County, Texas.
Executed on this 27th day of January , 1983.
CITY OF LUBBOCK, TEXAS
/S/ Alan Henry
ALAN HENRY,.Mayor Pro Tem
ATTEST:
/S/ Evelyn Gaffga Evelyn Gaffga, City Secretary-Treas.
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned, a Notary Public in and for said County and State,
on this date personally appeared ALAN HENRY,..Mayor Pro Temvof the City of Lubbock,
known to me to be the person and official whose name is subscribed to the foregoing
instrument, and acknowledged to me that the same was the act of the City of Lub-
bock, Texas, and that he executed the same as the act of the City of Lubbock,
Texas, for the purposes and considerations therein expressed, and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2nd day of February ,
1983.
/S/ Olivia R. Solis
Notary Public in and for
Lubbock County, Texas
My Commission Expires: 11/30/85
35
83-42-35-67 Consider a resolution authorizing the Mayor to execute a contract and agreement for
(36) local building inspection manufactured housing.
Resolution No. 1304
Manufactured housing has become a significant segment of the housing industry
throughout the county, and the Texas Department of Labor and Standards, Manufactured
Housing Division, currently inspects the manufactured units in the factory and at
the placement site. It would be in the best interest of the City for the Building
Inspection Department to conduct the required inspections at the placement site.
This provision authorizes them to do so. The Building Board of Appeals and the
Electrical Board of Examiners recommend a local inspection of these projects.
The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass
Resolution No. 1304 authorizing the agreement for local building inspection of
manufactured housing. Motion carried: 4 Yeas, 0 Nays. Mayor McAlister was absent.
SMH: d a
RESOLUTION NO. 1304
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 and Agreement for
Local Inspection of Manufactured Housing between the City of Lubbock and the
Department of Labor & Standards for the State of Texas, attached herewith which
shall be spread upon the minutes of the Council and as spread upon the minutes of
this Council shall constitute and be a part of this Resolution as if fully copied
herein in detail.
Passed by the City Council this 27th day of January ,1983.
/S/ Alan Henry
ALAN HENRY, Mayor Pro Tem
ATTEST:
/S/ Evelyn Gaffga _
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
ISI Mike Coker
Mike Coker, Building Official
ISI Susan M. Horton
Susan M. Horton, Asst. City Attorney
CONTRACT AND AGREEMENT FOR
LOCAL INSPECTION OF MANUFACTURED HOUSING
Pursuant to the authority of the Texas Manufactured Housing Standards Act
(TMHSA) and the request of the City of Lubbock, set forth hereinbelow, the Texas
Department of Labor & Standards (DL&S) and the City of Lubbock do hereby agree and
contract as follows:
1. Under the provisions of the TMHSA, DL&S is responsible for the approval
and inspection of manufactured housing to assure that such complies with the regulations,
codes and standards required for the construction and installation of manufactured
housing in the State of Texas. However, the City desires to inspect the on -site
construction and installation,of manufactured housing placed within the City of
Lubbock.
2. Following the date of this Agreement, the inspection responsibility for
manufactured housing located within the City of Lubbock shall be divided between
DL&S and the City. DL&S shall inspect all construction of manufactured housing at
the manufacturing and construction plant or facility, and the City shall inspect all
on -site construction and installation of manufactured housing within the City.
3. The City agrees to assume responsibility for appropriate inspections to
assure that the on -site construction and installation are in accordance with the
applicable building code and the plans and specifications as approved by DL&S. The
City will charge and collect from the builder or contractor its normal and customary
building permit and inspection fees.
WITNESS OUR HANDS on the` 27th day of January , 19 83 .
36
83-42-36-68
(37)
83-42-36-69
(38)
STATE OF TEXAS
DEPARTMENT OF LABOR & STANDARDS
0.0
COMMISSIONER
CITY OF LUBBOCK
/S/ Alan Henry
ALAN HENRY, Mayor Pro Tem
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
Consider an ordinance to abandon and close an underground utility easement in Lot 20,
Keystone Addition to the City of Lubbock, Lubbock County, Texas.
Ordinance No. 8406
Lot 20 is fronted by 40th Street and Frankford Avenue, and the easement is specifically'
granted to Lubbock Power and Light which they desire to abandon as they have no
need for it.
JWF:da
ORDINANCE NO. 8406
AN ORDINANCE ABANDONING AND CLOSING AN UNDERGROUND UTILITY EASEMENT LOCATED
IN THE WEST FOUR FEET OF LOT 20 OF KEYSTONE ADDITION AND MORE PARTICULARLY DESCRIBED
HEREINAFTER IN THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL
MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING
FOR PUBLICATION.
Consider a resolution authorizing the Right -of -Way Department to commence negotiations
for the purchase of an underground utility easement out of Section 1, Block S,
Lubbock County, Texas.
Resolution No. 1305
This easement is needed for the purpose of constructing a water line with Community
Development Funds. This action is required by HUD.
JWF/mck
RESOLUTION NO. 1305
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Right of Way Department of the City of Lubbock is hereby authorized
and directed to commence negotiations for the purchase of an underground utility
easement for public purposes at a purchase price to be determined by appraisal to
be located in, upon, along, over, under and across the following described tract
of land:
A tract of land in the Southeast quarter of Section 1, Block S, Lubbock
County, Texas, containing 0.0337 acre of land and more particularly described
as follows:
BEGINNING at a point in the Southwest corner of Yellowhouse Canyon Addition
which is on the West R.O.W. line of Peach Avenue from where the Southeast
corner of Section 1 bears South 89°18' West, 841.0 feet and North 0°40' West,
433.33 feet for the Southeast corner of this tract;
THENCE South 89018' West, 146.6 feet to a corner point which is common with
the Southeast corner of a 30 foot wide underground utility easement recorded
in Volume 962, Page 697, Lubbock County Deed Records, Lubbock, Texas, to a
point for the Southwest corner of this tract;
THENCE North 0°40' West, 10.00 feet along the East line of said easement to a
point for the Northwest corner of this tract;
THENCE North 89°18' East 146.6 feet to a point on the West R.O.W. line on
Peach Avenue for the Northeast corner of this tract;
THENCE South 0040' East, 10.00 feet along said R.O.W. line to the point of
Beginning, containing 1,466 square feet which is approximately 0.0337 acres.
37
17
Passed by the City Council this 27th . day of January , 1983.
/S/ Alan Henry...
ALAN HENRY, Mayor Pro Tem
MIMM
/S/ Evelyn Gaffga
Evelyn Gaffga, Cit Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Tom Nivens
Tom Nivens, Right of Way Agent
APPROVED AS TO FORM:
/S/ J. Worth Fullingim
J. Worth Fullingim,
Assistant City Attorney
83-42-37-70 Consider a resolution authorizing the Right -of -Way Department to commence negotiations
-
(39) for the purchase of an underground utility easement out of Section i and Section 4,
Block S,, Lubbock County, Texas.
Resolution No. 1306
This resolution authorizes the Right -of -Way Department to commence negotiations for
an easement to construct a water line with CD Funds to the Yellowhouse Canyon Addition.
The easement begins east of Santa Fe Railroad at Southeast Drive and extends east 450'.
JWF: j s
RESOLUTION NO. 1306
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Right of Way Department of the City of Lubbock is hereby authorized and
directed to commence negotiations for the purchase of an underground utility easement
for public purposes at a purchase price to be determined by appraisal to be located
in, upon, along, over, under and across the following described tracts of land:
TRACT ONE a ten foot (10') strip of land out of Section 4, Block S, Lubbock
County, Texas, containing 0.1075 acre of land and more particularly described as
follows:
BEGINNING at a point in the North line of Section 4 and 2066-14 feet South
89'18' West of the Northeast corner of Section 4.
THENCE south 0040t East 20.00 feet to a point;
THENCE South 89018' West 454.40 feet to the East line of the Panhandle and Santa
Fe Railroad Right of Way;
THENCE North 39'49' West 12.89 feet along the East line of Panhandle and Santa
Fe Railroad Right of Way to a point;
THENCE North 89'18' East 45.2.30 feet to a point;
THENCE North 0040' West 10.00 feet to a point in the North line of Section 4.
Said point being 2076-14 feet South 89'18' West in the Northeast corner of
Section 4.
THENCE North 89018' East 10.00 feet along the North line of Section 4 to the
POINT OF BEGINNING.
TRACT TWO a ten foot (101) strip of land out of Section 1, Block S, Lubbock
County, Texas, containing 0.09947 acre of land and more particularly described
as follows:
BEGINNING at a point in the South line of Section 1 and 2076-14 feet South
89018' West of the Southeast corner of Section 1.
THENCE North 0040' West 433.33 feet to a point;
THENCE North 89018' East 10.00 feet to a point;
THENCE 0040' East 433.33 feet to a point in the South line of Section 1 and
2066.14 feet South 89'18' West of the Southeast corner of Section 1;
THENCE South 89018' West 10.00 feet to the POINT OF BEGINNING.
Said easement is needed for such public purposes in connection with a Community
Development Project.
38
1983
Passed by the City Council this 27th day of January 1983.
ISI Alan Henry
ALAN HENRY, Mayor Pro Tem
ATTEST:
IV. Evelyn Gaffga
Evelyn Gaffga City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Tom Nivens
Tom Nivens, Right of Way Agent
APPROVED AS TO FORM:
/S/ J. Worth Fullingim
J. Worth Fullingim, Asst. City Attorney
83-42-38-71 Consider a resolution authorizing the Mayor to execute a quit claim deed in favor of
(40) Hub City Body Works, Inc. (Ord. 8381, 1/27/83)
See Ord. 8381,
1/27/83 Resolution No. 1307
This resolution authorizes the Quit Claim Deed to Hub City Body Works for portions
of right-of-way in Lot 1, Block 2, Suburban Homes Addition, as reflected in Ordinance
No. 8381.
The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass
Ordinance No. 8406 on first reading; to approve Resolution No. 1305 authorizing the
purchase of an underground utility easement; to approve Resolution No. 1306 to
authorize the purchase of tract for underground utility easement; to pass Resolution
No. 1307 authorizing a Quit Claim Deed to Hub City Body Works, Inc. Motion
carried: 4 Yeas, 0 Nays. Mayor McAlister was absent.
JWF:da
RESOLUTION NO. 1307
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock a Quit Claim Deed in favor of
Hub City Body Works, 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 27th day of January
1983.
ATTEST:
ISI Evelyn Gaffga,
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
ISI Tom Nivens
Tom Nivens, Right of Way Agent
APPROVED AS TO FORM:
ISI J. Worth Fullingim
J. Worth Fullingim, Asst. City Attorney
ISI Alan Henry
ALAN HENRY, Mayor Pro Tem
39
� _'Cjg ,
=�l
QUITCLAIM DEED
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State
of Texas. for and in consideration of the sum of ONE AND NO1100 ($1.00) DOLLARS and
other good and valuable consideration to it in hand paid by HUB CITY BODY WORKS, INC.,
hereinafter called "GRANTEE", the receipt of which is hereby acknowledged, does hereby
by these presents ABANDON, DISCLAIM, RELEASE AND FOREVER QUIT CLAIM unto the said
GRANTEE, all its right title and interest in and to that certain tract or parcel of
land lying and being situated in the County of Lubbock, State of Texas, described as
follows, to -wit:
TRACT I - STREET
A portion of 49th Street located in Block 2, Suburban Homes Addition to the City
of Lubbock, Lubbock County, Texas, and further described as follows:
BEGINNING at a point which bears North a distance of 116.50 feet from the Southeast
corner of Lot 1, Block 2, Suburban Homes Addition to the City of Lubbock, Lubbock
County, Texas;
THENCE West a distance of 16.31 feet to a point of curvature;
THENCE Southwesterly around a curve to the left, said curve having a radius of
15.00 feet, a central angle of 48'34'58", tangent lengths of 6.77 feet, and a
chord distance of 12.34 feet to a point of reverse curvature;
THENCE around a curve to the right, said curve having a radius of 50.00 feet, a
central angle of 109'14'32", tangent lengths of 70.41 feet, and a chord distance
of 81.53 feet;
THENCE East a distance of 108-36 feet;
THENCE South a distance of 3.50 feet to the Point of Beginning.
CONTAINS: 1664-92 square feet.
TRACT 2 - ALLEY
A portion of an alley located in Block 2, Suburban Homes Addition to the City of
Lubbock, Lubbock County, Texas, described as follows:
BEGINNING at the Southwest corner of Lot 1, Block 2, Suburban Homes Addition to
the City of Lubbock, Lubbock County, Texas;
THENCE West a distance of 10.00 feet;
THENCE North a distance of 120.00 feet;
THENCE East a distance of 10.00 feet;
THENCE South a distance of 120.00 feet to the Point of Beginning.
CONTAINS: 1200 square feet.
TO HAVE AND TO HOLD the same premises together with all and singular the rights,
privileges and appurtenances thereto in any manner belonging unto the said GRANTEE, its
successors and assigns forever, so that neither the GRANTOR, City of Lubbock, its
successors or assigns, nor any persons claiming under it shall at any time hereinafter,
have, claim or demand any right to the title to the aforesaid premises or appurtenances
or any part thereof.
WITNESS MY HAND AT LUBBOCK, TEXAS this 27th day of January __, 1983.
/S/ Alan Henry
ALAN HENRY, Mayor Pro Tem
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Tom Nivens
Tom Nivens, Right of Way Agent
APPROVED AS TO FORM:
ISI J. Worth Fullingim
40
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and for said County,
Texas, on this day personally appeared Alan Henry, known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that he executed
the same as the act and deed of the CITY OF LUBBOCK and as Mayor Pro Tem, for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 31st day of January
1983.
/S/ Olivia R. Solis
Notary Public, Lubbock County, Texas
Commission expires 11/30/85
F
83-42-40-72 Consider a resolution authorizing the Mayor to sign a contract with the Texas Department
(41) of Health for funding for the Health Department equipment.
See Reso. 1308
file for contract Resolution No. 1308
*SEE Reso. 1317 for The State Health Department has authorized $14,850 for the acquisition of dental
appointment of a equipment to be used at the City Health Department in the new facility. This sum
Public Health Officer pays for two (2) dentists (Doctors Lindsey and Owens) to work a total of ten (10)
2-10-83. hours each per week at the health facility as well as to purchase a dental chair for
*See Resolution 1317A the dental units.
Appointment of Interim The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass
City Health Officer. 7-28-83. Resolution No. 1308 authorizing the contract with the State Health Department for
funding for the dental unit at the City Health Department. Motion carried: 4 Yeas,
0 Nays. Mayor McAlister was absent.
DGV:da
RESOLUTION NO. 1308
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 Texas
Department of Health and the Lubbock City Health Department, 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 27th day of January .1983.
ISI Alan Henry
ALAN HENRY, Mayor Pro Tem
ATTEST:
ISI Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
ISI Bob Cass
Bob Cass, Assistant City Manager
APPROVED AS TO FORM:
/S/ Donald G. Vandiver
Donald G. Vandiver, Assistant City Attorney
_J
83-42-41-73 Consider a resolution authorizing the Mayor to sign a contract for golf professional
(42) services at Meadowbrook Golf Course.
Resolution No. 1309
Deputy City Manager Jim Blagg made the presentation reflecting that the previous contract
with golf -pro Jay McClure expired December 31, 1982, with an extension for thirty (30)
days to finish the negotiations with the present contractor over the proposed contract.
The new contract will be for a period commencing January 1, 1983, through September 30,
1986. The salary to be paid to the professional is for maintenance services which will
be increased annually based on a formula tied to the annual increases in the green fees.
In exchange for concession rights, the professional will pay the City $28,500 initially,
and he will pay the City $1,000 annually for each increment of five (5) golf carts added
to the current fleet of ninety (90); the Parks and Recreation Director will inspect the
golf course monthly and provide the City Manager with a written report of his findings.
Mr. Blagg indicated two (2) changes in the contract as presented to the Council at the
suggestion of the professional's attorney which reflects the pay -out arrangement annually
(1/12 each month beginning January 1, 1983, with an annual increment of 1/2 of 1% of the
total fees allowed in 1985-86). Additionally, the books on membership fees and operational
matters will be available at all times to City management.
Mr. McClure has indicated that he will not renew the contract in 1986, and this should
allow for a smooth transition into whatever method of operating the golf course the City
anticipates.
Motion was made Councilman Aderton, seconded by Councilwoman Baker to pass Resolution
No. 1309 authorizing the contract with golf professional Jay McClure, as amended.
Motion carried: 4 Yeas, 0 Nays. Mayor McAlister was absent.
JS: cm
RESOLUTION NO. 1309
BE IT RESOLVED BY THE CITY COUNCIL OF THE'CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute
for and on behalf of said City a Golf Professional Agreement between the City of Lubbock
and John J. McClure granting concession rights at the Meadowbrook Municipal Golf Course,
which Agreement, attached herewith, shall be spread upon the minutes of the Council and
as spread upon the minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
Passed by the City Council this 27rh. day of January 1983.
/S/ Alan Henry
ALAN HENRY, Mayor Pro Tem.
ATTEST:
-/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Bob Cass
Bob Cass, Assistant City Manager
IS I jonn Sherwin, -
Joan Sherwin, Assistant City Attorney
* Golf Professional Agreement on pages 41a, 41b, 41c, and 41d.
41a
sawmm]
GOLF PROFESSIONAL AGREEMENT
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This agreement entered into this day between the CITY OF LUBBOCK, hereinafter
called "CITY" and JOHN J. McCLURE, hereinafter called "PROFESSIONAL", to provide
for services to be performed and compensation to be paid for the management and
golf professional duties rendered at Meadowbrook Municipal Golf Course owned and
operated by the City of Lubbock.
WITNESSETH:
WHEREAS, the PROFESSIONAL has been employed by the CITY in the capacity of
golf course manager and golf professional for Meadowbrook Municipal Golf Course
at an annual salary equal to $16,848.00 plus .5% (2 of 1%) of total green fees and
memberships collected during the immediately preceding fiscal year of the CITY,
during which the PROFESSIONAL is continuously employed in said capacity; such annual
increment equal to .5% (2 of 1%) of total green fees and memberships collected
during the immediately preceding fiscal year of the CITY to be paid one -twelfth
(1/12) monthly, beginning January 1, 1983, and the total .5% (2 Of 1%) for the
fiscal year 1985-86 shall be paid in a lump sum on January Ist following the
termination of this Golf Professional Agreement. In addition to such salary the
CITY has agreed to pay annually a sum, not to exceed $2,400.00 to the Professional
Golfer's Association as contribution to its Pension Plan on behalf of the PROFESSIONAL
and such assistant golf professional as may be designated by the PROFESSIONAL and a
car allowance of $360.00 annually to be paid to the PROFESSIONAL in equal install-
ments each City pay period. The CITY and the PROFESSIONAL have agreed that the
salary to be paid to the PROFESSIONAL shall be paid in the same manner as other
City employees, that the PROFESSIONAL shall be entitled to the same benefits as
other City employees except and exculding cost of living raises, that the PROFESSIONAL
shall be bound by the same regulations as other City employees; and that the
following agreement shall not be interpreted so as to grant to the PROFESSIONAL
any rights under this contract that are contrary to the City Charter, City Code
or City Regulations, in particular, that this employment shall not be for a
stated period of time. The PROFESSIONAL shall have responsibility and authority
over the golf course as the manager and shall perform all duties assigned or
necessary to its proper operation including, but not limited to the planning,
organization, and supervision of personnel in the maintenance and operation of
the course; the inspection of the course and suggestions for changes to improve
playing conditions; and the inspection of maintenance and construction work. These
tasks shall be performed to the satisfaction of the City Manager or his designated
representative.
WHEREAS, the CITY and the PROFESSIONAL desire to enter into this agreement
setting out the responsibilities and division of income received from use of the
golf course and its facilities and the services performed by the PROFESSIONAL as
an independent contractor;
NOW THEREFORE, the CITY and the PROFESSIONAL do hereby mutually agree to the
following terms and conditions.
1. This agreement is separate and apart from the employment of the
PROFESSIONAL by the CITY, but the compensation received thereby is considered in
the payment for the services herein.
2. This agreement shall continue for a period of forty-five (45) months
from January 1, 1983 until September 30, 1986, unless terminated by agreement of
the parties hereto, failure of performance by either party or the termination of
employment of the PROFESSIONAL before the full term of this agreement.
3. The PROFESSIONAL shall keep adequate books of accounts and records of all
operations at Meadowbrook including the activities and operations conducted by
the PROFESSIONAL pursuant to the rights and privileges granted in Section 4 of this
agreement. All books and accounts relating only to green fees, memberships, lease
of golf lockers, lease of * barber shop or any other City owned concessions under
the management of the PROFESSIONAL pursuant to his employment as golf course
manager shall be open, at all reasonable times, to inspection by representatives
of the City Manager or the Finance Director of the City and shall, at the option
of the CITY, be subject to an annual audit by the internal auditor of the CITY
and/or its independent auditor. The PROFESSIONAL shall furnish an annual certifi-
cation by the PROFESSIONAL'S auditor, of the number of automotive golf cars owned
by the PROFESSIONAL or used in connection with the concession rights hereinafter
granted. In addition, the PROFESSIONAL shall furnish to the CITY each year finan-
cial statements prepared by an independent Certified Public Accountant; such
financial statements shall include an income statement showing a comparison of
revenues to expenses, a balance sheet as of the end of the fiscal year of the
PROFESSIONAL, and a statement of change in the financial position from year to
year in the concessions operated by the PROFESSIONAL pursuant to rights and
privileges granted herein.
4. The CITY hereby grants to the PROFESSIONAL concession rights and privileges
to operate food concessions, a pro shop, and golf driving range; to provide repair
and storage of golf equipment and rental of golf carts, golf cars and golf equipment;
and to give golf instructions; all of which activities are to be conducted at
the Meadowbrook Municipal Golf Course owned and operated by the City of Lubbock.
41b
7 1051,
The concession rights and privileges herein granted for the operation of food
concessions shall be subject to the special conditions set forth in Exhibit "A"
attached hereto and made a part hereof for the purposes specified. Any other
golf related concession or service that the PROFESSIONAL may wish to install at
his cost or he may wish to provide which is not in competition with the concessions
and services from which the CITY receives income as provided in this contract
shall be subject to negotiation between the CITY and the PROFESSIONAL.
5. The CITY retains and shall receive the income from green fees and
memberships, lease of golf lockers and lease of the barber shop. The
PROFESSIONAL shall not supervise directly the barber shop, but he shall, in his
capacity as manager of the golf course, regularly inspect these leased facilities
and report any violation of leases or objectionable activities of the CITY.
6.. The PROFESSIONAL shall retain 100% of revenues from the concession
rights and privileges granted herein subject to the obligation of the
PROFESSIONAL to make such payments to the CITY as hereinafter provided.
1 7. For the privileges and concessions granted herein the PROFESSIONAL
shall pay to the CITY the sum of $28,500.00 per year, paid in arrears in
equal monthly payments on the 20th day of each month, such sum payable by the
PROFESSIONAL shall be adjusted each year beginning January 1, 1984, and on each
succeeding January 1st throughout the term of this agreement by increasing or
decreasing the amount in direct proportion to the fluctuation in the U.S.
Department of Labor, Bureau of Labor Statistics Consumer Price Index. For the
purpose of computing all such adjustments, the Bureau of Labor Consumer Price
Index as of January 1, 1983, shall be construed as the base period.
In addition to such sum, PROFESSIONAL shall pay to CITY annually
$1,000.00 for each increment of five automotive golf cars over the present
fleet of ninety cars. Such $1,000.00 shall be prorated on a monthly
basis from the time such cars are delivered to the Meadowbrook Municipal
Golf Course. The 12 months period on which accounts and payments are
based shall be the fiscal year of the CITY.
8. The PROFESSIONAL agrees that as soon as possible after the
execution of this agreement he will purchase at his own cost a mobile
concession vehicle to be used to provide food service to golfers on
the golf course.
9. The PROFESSIONAL shall prepare and submit a budget for the
maintenance of said golf course in accordance with the CITY'S standard
budgeting procedures and shall oversee such maintenance so as to achieve
the best maintenance possible with available funds and to maintain said
golf course in a manner acceptable to the CITY. The Director of Parks
and Recreation will inspect the golf course cmonthly and will provide
a monthly report to the City Manager or his designated representative.
Said monthly report will include a description of the general condition
of the golf course listing of any problems related to the maintenance
of the golf course, and recommendations for improving the condition of
the golf course. It is agreed and understood that no golf course
maintenance worker employed by the CITY shall be utilized in the
furtherance of any of the concession activities assigned to the
PROFESSIONAL during any period of time for which such worker is being
compensated by the CITY to perform services for the CITY, unless an
emergency situation exists and prior approval has been given by the CITY.
10. The PROFESSIONAL shall operate in a safe, condition, at his
own expense, any area used for his concession operations and shall hold
the CITY harmless from any liability that might arise from the operation
of such concessions whether contractual or arising from any accident
occurring in the performance of his concession, from the use by any
patron or visitor to the PROFESSIONAL'S concession or from any employment
relationship or activity of any employee he may employ or any liability
incurred or asserted by any service or trades person doing business with
such concession. The PROFESSIONAL shall maintain insurance in a sum
not less than $100,000.00 per person and $300,000.00 per accident naming
the CITY as an insured party. The CITY shall not hold the PROFESSIONAL liable,
in his capacity as a concession operator, for any liability incurred by
accidents away from the concession or instruction area unless such accident
occurred in the course of concession or instruction activity.
11. Upon termination of this agreement the PROFESSIONAL may remove all
concession wares, goods and equipment which he owns or has on consignment
along with all equipment, display cases and fixtures which are not permanently
attached to the premises. The premises shall be restored in good order
acceptable to the CITY, normal wear and depreciation excepted, upon removal
of such goods and equipment.
12. At the expiration of this agreement for the services of the PROFESSIONAL,
the City of Lubbock agrees to recommend to the successor that he/she purchase
the inventory of merchandise, golf equipment, fixtures, and automotive golf
cars owned by the PROFESSIONAL, upon the following formula:
A. All inventory of merchandise, golf equipment, and fixtures shall be
at invoice cost or depreciated value, whichever is less. Said
depreciated value, if not agreed upon by the parties involved,
shall be determined by each party securing two appraisals of the
property in dispute, from two golf professionals, and the average
of the four appraisals shall be the cost thereof to the successor.
B. All automotive golf cars and parts inventory shall be the
average of the three appraisals secured by the parties, from
41c
three golf car manufacturers representatives, one of which shall be the
manufacturer of the majority of the golf cars involved, and the other
two representatives may be selected by the successor.
C. If, at the termination of this agreement either by expiration of
the term hereof or otherwise, the CITY elects to operate on its own
behalf the concessions operated by the PROFESSIONAL pursuant to the
rights granted herein, the CITY will enter into good faith negotiations
with the PROFESSIONAL for the purchase of inventory of merchandise,
golf equipment, fixtures, automatic golf cars, or other property belonging
to the PROFESSIONAL, and used in conjunction with the rights and privileges
herein granted. Such decision and settlement of the negotiation shall
be determined and completed twelve (12) months prior to scheduled
termination of this agreement.
13. This contract may not be assigned .in any way without the prior written
consent of the CITY, provided however, that the PROFESSIONAL may assign or sub -lease
the operation of the food concessions without consent of the CITY. Any such
assignee or sub -lessee shall be bound by the special conditions set forth in
Exhibit "A".
14. Written notices to be given under the terms of this contract shall be by
Certified Mail, Return Receipt Requested, to each party at the following addresses:
City of Lubbock
Attn.: City Manager
P.O. Box 2000
Lubbock, Texas 79457
Mr. John McClure
P.O. Box 1394
Lubbock, Texas 79408
Notice of termination by reason of failure of performance or termination of employment
of the PROFESSIONAL sahll be given to the other party with the date of termination to
be 30 days from date of notice.
EXECUTED this 27th day of Janua
ATTEST:
Evelyn Gaffga, City Secretary -Treasurer
ISI Joan Sherwin
Joan Sherwin, Assistant City Attorney
APPROVED AS TO CONTENT:
/S/ Bob Cass
Bob Cass, Assistant City Manager
EXHIBIT "A"
, 198 3 .
CITY OF LUBBOCK
ALAN HENRY, Mayor Pro Tem
ISI John J. McClure
JOHN J. McCLURE
This instrument hereby incorporates the foregoing Golf Professional Agreement between
John J. McClure, hereinafter called PROFESSIONAL, and the CITY OF LUBBOCK, hereinafter called
"CITY," and makes such Golf Professional Agreement a part hereof for every purpose.
The PROFESSIONAL and the CITY do hereby agree that the operation of the food concession granted
to the PROFESSIONAL pursuant to the terms of said Golf Professional Agreement shall be conducted
according to the following special provisions and conditions and that any assignment or sublease
of said food concession shall bind the assignee or sublessee to such provisions and conditions.
Special Provisions and Conditions
1. The PROFESSIONAL and any assignee or sublessee of the PROFESSIONAL of the food concession
rights on the Meadowbrook Municipal Golf Course shall hereinafter be referred to as "CONCESSIONER."
2. CONCESSIONER shall operate said food concession in compliance with any and all applicable
laws, ordinances, rules and regulations pertaining to the Meadowbrook Municipal Golf Course
hereinafter called "GOLF COURSE" or to the operation of a food service business.
3. CONCESSIONER shall have the exclusive right to conduct, operate, and maintain of food
concession within the GOLF COURSE during the term of the Golf Professional Agreement or any lesser
term that may be agreed upon between the PROFESSIONAL and his assignee or sublessee.
4. The CONCESSIONER shall cook, prepare, serve and sell in a sanitary manner, foods and
beverages of first quality to the patrons of the GOLF COURSE, the general public, and others;
such foods and services shall be provided to such persons at prices comparable for like quality
foods prevailing in the City of Lubbock; such foods and services shall be provided during hours of
nnPrAtinn n nn rnNTa A 1h17 f- 11 n ('_ n 1 -F (' -11 - . o M o - —4-4— +-1 - - - - - - - - - 1- 1 - - - - A - - r -1- - - - - - __ - — -
41d
GOLF COURSE. The CONCESSIONER shall provide the services contemplated herein in a courteous and
efficient manner so as to reflect credit upon his operations and the operations of the GOLF COURSE.
5. The CONCESSIONER shall not make, permit, or suffer any additions, improvements or
alterations to the GOLF COURSE or the Clubhouse located thereon which constitute any major struc-
tural change or changes without prior written consent of the CITY, and any such additions, improve-
ments or alterations made with the consent of the CITY shall be solely at the expense of the
CONCESSIONER and unless such consent provides specifically that title to the addition or improvement
so made shall vest in the CONCESSIONER, title thereto shall, at all times, remain in the CITY and
such additions or improvements shall be subject to all terms and conditions of this instrument.
The CONCESSIONER agrees to hold the CITY harmless from mechanic's and materialman's liens arising
from any additions, improvements or alterations effected by the CONCESSIONER. The CITY, City Manager,
or other designated representative shall have the right to inspect food concession operation at
all reasonable times during the term of this agreement. The CONCESSIONER agrees that it will,
at all times during the term of this agreement, maintain in good and serviceable condition all
improvements, facilities and equipment used in connection with said food.concession, ordinary wear
and tear excepted, such maintenance to be the sole responsibility and obligation of the CONCESSIONER.
6. Any property of the CITY, or for which the CITY may be responsible, that is damaged or
destroyed incident to the exercise of the privilege of operating a food concession shall be properly
repaired or replaced by the CONCESSIONER to the satisfaction of the CITY and its authorized repre-
sentative, or in lieu of such repair or replacement the CONCESSIONER shall, if so required by the
CITY, pay to the CITY money in any amount deemed sufficient by the governing body of the CITY to
compensate for the loss sustained by the CITY by reason of the loss of, damage to, or destruction
of such property.
7. CONCESSIONER agrees to indemnify, defend and forever save the CITY, their authorized agents,
representatives and employees, harmless from and against any and all penalties, liability,
annoyances, or loss resulting from claims or court action of any nature arising directly or
indirectly out of acts or omissions of the CONCESSIONER, his agents, servants, guests, employees
or other business visitors under this agreement.
8. Prior to commencing the operation of the food concession, the CONCESSIONER shall procure
and carry with insurers, authorized to do business in the State of Texas and satisfactory to the CITY,
and at CONCESSIONER'S expense, insurance in the form and amount sufficient as determined by the CITY,
together with such other forms of insurance necessarily required by the CITY.
REQUIRED INSURANCE: Public Liability insurance to include product liability which specifically
covers the consumption or use of food or goods on or away from the premises in the amount of $5,000.00
for each individual and $10,000.00 for each incident; Property Damage Insurance in the amount of
$5,000.00; the CONCESSIONER shall keep the said property so insured, free of cost to the CITY,
during the term of this agreement.
9. The CITY shall provide heat, electricity, gas and water utility services for the Clubhouse
located on the GOLF COURSE.
10. Prior to any assignment or sublease of the food concession, a condition survey and
inventory of the improvements, facilities and equipment located in said Clubhouse shall be made by
the Golf Course Clubhouse Manager for the CITY and a representative of such assignee or sublessee.
Said survey shall be attached hereto and become a part hereof as fully as if originally incorporated
herein.
11. CONCESSIONER agrees to obtain and pay for all licenses, permits, approvals, fees and
similar authorizations or charges required under Federal, State or Local laws or regulations insofar
as they are necessary I to exercise the privileges extended to CONCESSIONER for the operation of a
food concession on the GOLF COURSE.
12. CONCESSIONER agrees to, at all times, at his own expense, keep the premises neat, clean,
attractive, safe and orderly, free of waste, refuse and debris and shall provide complete and proper
arrangement for the sanitary handling and disposal of trash, garbage and other refuse caused as a
result of its activities at the GOLF COURSE. It is specifically understood and agreed between the
parties hereto that the CITY will maintain the exterior walls, roof, heating and air conditioning
equipment of the Clubhouse, all other maintenance including painting and redecoration shall be
performed by the CONCESSIONER.
13. That on or before the expiration of the term of the Golf Professional Agreement or any
assignment or sublease of the food concession rights granted therein or upon termination of such
Agreement, assignment, or sublease prior to the expiration of said term, CONCESSIONER shall vacate
said Clubhouse, remove all property of the CONCESSIONER and restore the improvements, facilities
and equipment included therein to as good condition on said date of expiration or termination as
when received, ordinary wear and tear excepted. If, however, the food concession rights or any
assignment or sublease thereof is revoked, the CONCESSIONER shall vacate the premises, remove said
property and restore the improvements, facilities and equipment included herein as aforesaid within
such times as the CITY may reasonably designate. In either event, if the CONCESSIONER shall fail
or neglect to remove said property and so restore the improvements, facilities and equipment
included herein, then at the option of the CITY said property shall either become the property of the
CITY without compensation therefor or the CITY may cause the property to be removed, the improvements,
facilities and equipment included herein to be so restored at the expense of the CONCESSIONER and no
claim for damages against the CITY or its officers, agents, or employees shall be created on account
of such removal and/or restoration.
14. CONCESSIONER agrees that the CITY shall have and is hereby given a lien on all property of any
nature placed in or upon or used in connection with the businesses and operations herein authorized,
to secure the payment of all sums of money that may be due or become due the CITY. CONCESSIONER
further agrees that upon any termination hereof, that none of said property shall be removed from the
premises until all accounts with the CITY are paid in full and all property belonging to the CITY shall
be returned to the CITY in as good condition as when received, reasonable wear and tear excepted.
15. The CONCESSIONER agrees in the exercise of said concession rights to comply with and give all
stipulations and representations required by the CITY and all other applicable laws, and not to
discriminate against any employee or applicant for employment because of race, creed, color or racial orig
16. The CONCESSIONER warrants that he has not employed any person employed by the CITY to solicit '
42
83-42-42-74 Consider accepting the work done under contract for six (6) submersible pumps and
(43) motors, Sandhills Well Field and authorizing final payment to the contractor.
All of the units have been installed and tested, and the project is completed for
*See Reso. #1104 5/13/82 acceptance. The original contract was for $24,250 and the final payment due to the
contractor (Twin City Machine) is $1,212.50.
The motion was made by Councilman Brown, seconded by Councilman Aderton to accept the
completed project and to authorize final payment to contractor. Motion carried: 4 Yeas,
0 Nays. Mayor McAlister was absent.
83-42-42-75 Consider a resolution authorizing the Mayor to sign an amendment to Sale Agreement
(44) with Carbon Dioxide Technology. (Reso. 611,-9/25/80; Reso. 744, 3/12/81; Reso. 1297,
See Reso. 611, 1/13/83)
9/25/80; Reso. 744,
3/12/81; Reso. 1297, Resolution No. 1310
1/13/83
Carbon Dioxide Technology is unable to obtain design approval from manufacturers of
LP&L's major equipment, and this contract authorizes them to hire at their own expense
an engineering firm to review all of the designs and engineering of the Recovery Plant
as completed and certify to the City that the operations of the plant will not
materially adversely affect the operation, reliability or efficiency of LP&L's Holly
Avenue Plant.
The motion was made by Councilman Aderton, seconded by Councilman Brown authorizing
an amendment to the sale agreement with Carbon Dioxide Technology. Motion carried:
4 Yeas, 0 Nays. Mayor. McAlister was absent.
KJ:mck
RESOLUTION NO. 1310
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 amendment to the contract
between Carbon Dioxide Technology Corporation and Lubbock Power and Light, amending
Section 7(c) of the original contract between the two parties, 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:
27th day of January 1983.
/S/ Alan Henry
ALAN HENRY, Mayor Pro Tem
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
ISI Carroll McDonald
Carroll McDonald, Director of Electric Utilities
APPROVED AS TO FORM:
ISI Ken Johnson
Ken Johnson, Assistant City Attorney
THIRD AMENDMENT TO
PURCHASE AND SALE AGREEMENT BETWEEN
CARBON DIOXIDE TECHNOLOGY CORP. AND
CITY OF LUBBOCK
STATE OF TEXAS §
COUNTY OF LUBBOCK §
CARBON DIOXIDE TECHNOLOGY CORPORATION, a Texas corporation (hereinafter referred
to as "Buyer"), having its principal office at 11211 Katy Freeway, Suite 320, Houston,
Texas, 77079, and the CITY OF LUBBOCK (hereinafter referred to as "Seller") do hereby
covenant and agree as follows:
WHEREAS, Buyer and Seller did mutually covenant and agree and did enter into a
contract on the 25th day of September, 1980; and
4,3
WHEREAS, Buyer and Seller did mutually amend said Contract as follows:
(a) First amendment dated March 12, 1981
(b) Second amendment dated January 13, 1983, and
WHEREAS, Buyer is required under the terms and provisions of the original agreement
between the parties to obtain approval by manufacturer of Seller's major pieces of
equipment located at Seller's generating station in constructing Buyer's Recovery Plant,
and
WHEREAS, Buyer has attempted to comply with this provision of the original contract
between the parties but has met resistance and a lack of cooperation from such manu-
facturer, and
WHEREAS, the provision in the original contract requiring manufacturers approval
was to insure Seller that the construction of Buyer's Recovery Plant would not
materially adversely effect the operability, reliability or efficiency of Seller's
generating station equipment, and
WHEREAS, Buyer has offered at its sole expense to retain a consulting engineer,
registered to practice in the State of Texas,'who will review all of the designs and
engineering of the Recovery Plant as completed and certify to Seller that the operations
of said Recovery Plant as completed will not materially adversely effect the operability,
reliability or efficiency of the equipment originally supplied by manufacturer to
Seller's generating station.
NOW THEREFORE, Seller and Buyer do mutually covenant and agree as follows:
16
ORIGINAL CONTRACT AND AMENDMENT
The original contract entered into on September 25, 1980, shall remain in full force
and effect except as amended in writing by the parties hereto.
II.
UTILITIES, CONSTRUCTION AND MAINTENANCE OF
CARBON DIOXIDE RECOVERY PLANT
That Section 7(c) of the original contract between the parties be and is hereby
amended to read as follows:
SECTION 7(c). Buyer agrees to cause the carbon dioxide Recovery Plant (the
"Recovery Plant") to be constructed diligently and in a good and workmanlike manner
upon the Lease Tract in accordance with good practices in the industry and in
accordance with all applicable federal, state and local laws, rules and regulations.
It is the intent of Buyer to commence construction of the plant within six (6)
months of the date of this Agreement. Buyer agrees that the completed interfaced
design and engineering of the Recovery Plant shall be approved by the Seller and
by a third party consulting engineer registered to practice in the State of Texas.
To evidence such approval, Buyer agrees to obtain, at its own expense, the services
of a third party.consulting engineer registered to practice in the State of Texas
who shall review all of the design and engineering of the Recovery Plant as
completed and certify to Seller that the operations of the Recovery Plant as completed
will not materially adversely effect the operability, reliability or efficiency
of the equipment originally supplied by manufacturer to Seller's generating station.
Prior to Buyer's commencing any construction of the Recovery Plant, Buyer agrees to
deliver the plans and specifications to Seller for its approval. In the event Seller
does not approve Buyer's plans, Buyer may terminate this agreement and all
obligations of Buyer hereunder shall be of no further force and effect.
IN WITNESS WHEREOF, the parties have executed this Agreement this 27th day of
January , 1983.
CITY OF LUBBOCK
(Seller)
/S/ Alan Henry
ALAN HENRY, Mayor Pro Tem
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary
APPROVED AS TO CONTENT: CARBON DIOXIDE TECHNOLOGY CORPORATION
(Buyer)
/S/ Carroll McDonald BY: /S/ W. R. Wiggins, Jr.
Carroll McDonald, Director W. R. Wiggins, Jr.
Electric Utilities President
APPROVED AS TO FORM: ATTEST:
/S/ John C. Ross, Jr. /S/ R. A. Mohun
John C. Ross, Jr., City Attorney R. A. Mohun, Vice President
a 44
J Ate 27 1983
x
83-42-44-76 Hold a public hearing on the application of Newmont Oil Company for an Oil and Gas
(15) Drilling Permit for Lubbock State School #1 well site.
In accordance with notice published on January 12, 1983, in the Lubbock Avalanche -
Journal, a public hearing was held on the above matter.
Proponent: Brad Posey, on behalf of Newmont Oil Company,
Houston Technology
Terry Goode, engineer for Newmont Oil Company,
Snyder
The proponent made application January 10, 1983, for an Oil and Gas Drilling,.Permit
designated as Lubbock State School #1 well site. The location of this well is west
of University Avenue on the State School property; the storage tanks are located in
the upper northwest corner of this same tract; the production unit consists of forty
(40) acres and is unitized; a blowout preventor of 3,000 psi will be installed; the
mud/sludge will be disposed of at a site approved by the Railroad Commission; the
reserve '.mud will be contained in steel pits on site; landscaping for the well and
storage sites are not proposed. Newmont holds the lease for the entire parcel of
State School property from the Secretary of State.
The staff's comments that the dust, noise and traffic congestion created for the
public will be at a minimum at this location which is toward the west end of the
school property and is bounded by undeveloped park property owned by the City on the
west; Texas Instruments is located to the south; and Hillcrest Country Club located
to the North. The tract on which the well site and storage tanks are located is
owned by the State and bordered by an industrial area as well as open space, and
therefore constitutes,a minimum long-term land use impact.
The staff does recommend that the permit be approved with the following conditions:
1. No hydrocarbon lubricant (waste oil) shall be used in the
drilling mud or to free up the hole during drilling until
the surface casing is set for a minimum of 350'.
2. The permittee shall require the contract driller to set
the first series of surface casing to a depth of 350' before
proceeding with the drilling.
3. The applicant shall require the contract driller to notify
the Texas Railroad Commission (Lubbock office) of the intended
dates for casing the Lubbock State School #1 well and shall
be in substantial compliance with Rule 13 of the
Texas Railroad Commission.
4. The permittee shall meet all other conditions under
Section 19-A of the Lubbock Code which are contained within
the application.
5. The City Council should be authorized to grant a waiver of
objection in as much as the well/storage sites are located
adjacent to City -owned park property.
There being no opposition and no discussion, the hearing was closed.
THE STATE OF TEXAS
\ COUNTY OF LUBBOCK nsi e"ngEtlyeaUtlica
'tao�{ pf' Nexlrnond brt t;��itdr p§ re
Before me Bonnie McKee a Notary Public in and for Lubbock Caq�� an of Intls ar��t
Wed+hail fgr�an ail; xYe6Idnd��,�aras`e`� y
personally appeared Twi I a Auf i I I v Account Manager of the ,o s^Ofnai1��a� �gse!�+r,o _
pers Corporation, publishers of the Lubbock Avalanche -.Journal — Morning, EVEle —J, tnQe + eG o�, `, o
being by me duly sworn did depose and say that said newspaper has been published,5Tf
than wee fifty-two weeks prior to the first insertion of this Le 9a I N o t i e e -18� '<ca�prx r�a$ener�
y P esctipYi�nfof'�2Fe� a�t�,tac�.�x2� �s.
word-$56.70 No. 637024 at Lubbock County, Texas 'f e#"e� � "'t e �e t-
dYit^engroundeaf;fh��,upbo �ifat�
ed copy of the Notice is a true co of the ofinal and k
P.yg Pose as 5 ksPPr eix 6f�
Avalanche -.Journal on the followingdates: January u a ry 12 , 1983i. rees Mesa « rye xfeu �aaonh* °+
K7794 Weu 's named rre ��a apt s r
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Account Manage rssaaar xz�aw ��� j ,
Ct��Seeretary i'r�asurer��s�e��',',�
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this 12thday of January , 19 83
1�nlly
!AN13198
FORM 58-10 � SEECRETARY
A5
83-42-45-77
(16)
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Consider approval of Oil and Gas Drilling Permit for Lubbock State School #1 well site
.to Newmont Oil Company.
Resolution No. 1301--Waiver of Objection
Pursuant to the recommendations of the staff, including condition #5 referenced above,
the motion was made by Councilwoman Baker, seconded by Councilman Brown to approve the
Oil and Gas Drilling Permit to Newmont Oil Company for Lubbock State School #1 well
site and to pass Resolution No. 1301 authorizing the City's waiver of objection.
Motion carried: 4 Yeas, 0 Nays. Mayor McAlister was absent.
DGV:j s
RESOLUTION NO. 1301
WHEREAS, Newmont Oil Company desires to drill an oil well, Lubbock State School
#1, upon property adjacent to City owned property, and
WHEREAS, the oil storage facility for such well will be within 200 feet of City
owned property; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor BE and is hereby authorized and directed to execute for and on
behalf of the City of Lubbock a Waiver of Objection to said oil storage facility of
Newmont Oil Company, a copy of which Waiver of Objection is attached herewith which
shall be spread upon the minutes of the Council and as spread upon the minutes of the
Council shall constitute and be a part of this Resolution as if fully copied herein.
Passed by the City Council this
ATTEST:
27th day of January , 1983.
/S/ Alan Henry
ALAN HENRY, Mayor Pro Tem
ISI Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
ISI Rickey Childers
Rickey Childers, Asst. to the City Manager
ISI Donald G. Vandiver
Donald G. Vandiver, Asst. City Attorney
NEWMONT OIL COMPANY
Diamond M Building
P. 0. Box 1189 Phone 573-3548
Snyder, Texas 79549
December 30, 1982
Mayor Bill McAlister
City of Lubbock
P. 0. Box 2000
Lubbock, Texas 79417
Re: Waiver of Objection - Lubbock State School #1
This is to advise that Newmont Oil Company proposes to drill Lubbock State School #1;
located 3,500' FEL and 330' FNL, Section 12, Block A, Lubbock County, Texas. Our
proposed storage facility requires a 200' square in the northwest corner of Section 12,
Block A, Lubbock County.
It is our request that this waiver of objection be executed and one signed copy be
returned to us.
Sincerely,
DGB/ph
Attachments
ISI Donald G. Bowen, Jr.
Donald G. Bowen, Jr.
Division Production Engineer
OFFSET OPERATORS/OWNERS
LUBBOCK STATE SCHOOL LEASE
Mayor Bill McAlister
�
City of Lubbock �
P. O. Box 2000
Lubbock, Texas 79417
1-806/762-64I1
Board of Directors
HiIIczea1 Country Club
P. 0. Box 5156
Lubbock, Texas 79417
1-806/765-6601 !
Dr. John Gladden
Lubbock State School
P. U. Box 5397
Lubbock, Texas 79417
I-806/763-7041 |
Mr. J. M. Smith
Texas Instruments, Inc. |
P. 8. Box 225474
Mail Station #398 !
Dallas, Texas 75265 �
�
�
83-42-46-78 Consider Bid #7178 for miscellaneous electric items (warehouse stock)
(45)
�
Items 2, 19, 20, 23 ; Westinghouse Electric Supply Company
Lubbock, Texas
|
Items 5, 10, ll C. B. Anderson Company �
Amarillo, Texas
Items l, 3, 4, 6 - 95 125 Temple, Inc. �
13, 14, 17, 18, 21, Lubbock, Texas �
22 �
The Director of Purchasing Floyd Nesbitt indicated that there was u tie bid on Items
17 and 18 between Temple, Inc., and Graybaz Electric Company; Councilwoman Baker
drew for the tie which was awarded to Temple, Inc.
83-42-46-79
Consider Did
���for cast
iron ' �i �
---- J����������£�1��[�g�����t���|
(46)
�
Items l,
3 - 6, 8 - ll,
: Itsos-Ieu Supply Company �
13
- 16 l9 - 2l
,
0d�aaa Texas
, �
Items 2,
7, 12, 17, 18
: M. B. McKee Company �
Lubbock, Texas i
83-42-46-80
Consider Bid
-----------'---------------------------------------------~---�-�------------��
#7I88 for PVC pipe and valves and Recreation �
(47)
Items I,
2, 2
Royal Plastics, Inc.
Lubbock, Texas �
; Western Industrial Supply
Amarillo, Texas
83-42-46-81 Consider Bid material for Open Earth Reservoir and
(48) ��-------- ----------------------------�-^-------
ecreation Dept.) (revenue sharing)
Item l ; Palco Linings, Inc.
Stanton, California
83-42-40-82 Consider Bid #7182 for concrete to establish price for u period of one year
(49) Items 1 l - 17 Lubbock Building Products
Lubbock, Texas
46a
WHEREAS, NEWMONT OIL COMPANY has assigned the Oil and Gas Drilling Permit
to TEXLAND PETROLEUM, INC. for the Lubbock State School No. 1; and
WHEREAS, TEXLAND PETROLEUM, INC. adopts, ratifies and confirms said permit
and all of its terms and provisions as binding upon it; NOW THEREFORE:
THE STATE OF TEXAS
9
com
KNOW ALL MEN BY THESE PRESENTS:
The City Council of the City of Lubbock, Texas, hereby approves and grants
permission to Texland Petroleum, Inc. for the drilling of an oil and gas well
known as the Lubbock State School No.1 to be located on the site and in the
production unit indicated on the application of Newmont Oil Company attached
hereto and made a part hereof by reference for all purposes.
Texland Petroleum, Inc. hereinafter referred to as PERMITTEE, hereby agrees
that each provision of Chapter 14, Article VI of the Code of Ordinance of the
City of Lubbock will be complied with and that this permit is issued contingent
upon such compliance. Chapter 14, Article VI 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 shall not expire if the permittee
commences additional reworking operations within one hundred and eighty (180)
days thereafter, and if they result in the production of oil or gas, so long
thereafter as oil or gas is produced in commercial quantities from such well
This permit is granted subject to the following conditions:
1. No hydrocarbon lubricant (waste oil) shall be used in the drilling
mud or to free -up the hole during drilling until surface casing is set
for a minimum of 350 feet.
2. The permittee shall require the contract driller to set the first
series of surface casing to a depth of 350 feet before proceeding
with drilling.
3. The permittee shall require the contract driller to notify the Texas
Railroad Commission (Lubbock office) of the intended dates for casing
46b
feet.
the Lubbock State School No. 1. The casing of the well shall be in
substantial compliance with Rule 13 of the Texas Railroad Commission.
4. The permittee shall obtain a Waiver from the Lubbock City Council
for the 200 foot distance for storage tanks.
5. The permittee shall meet all other conditions of Section 14, Article
VI of the Lubbock Code and those specifications contained in the
application for Lubbock State School. No. 1.
The Well drilled pursuant to this permit shall not exceed a depth of 5,500
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 — 27th day of January 1983.
ATTEST:
CITY OF LUBBOCK
/S/ Larry J. Cunningham
Larry Cunningham, City Manager
TEXLAND PETROLEUM, INC.
S/Susan Brooks /S/ R. J. Schumacher
R. J. Schumacher, —President
/S/ Jim Bertram
Jim Bertram, Assistant City Manager
/S/ Susan M. Horton
Susan M. Horton, Assistant City Attorney
,4
JAN 2 7 1983
83-42-47-83
(50)
See Reso. 1311
file for contract
83-42-47-84
(17)
See Peso. 1268,
12/09j62 approving
application for
bond issuance
Publ. affidavit
on page 52
Consider Bid #7179 to clean and paint 1.1 million,-_&a,llon water storage tank, and
authorize same.
Resolution No. 1311
Low Bidder
Three "T" Painting Company
Midland, Texas
The Director of Purchasing Nesbitt indicated that all the referenced bids are the low
bids and meet specifications.
The motion was made by Councilman Brown, seconded by Councilwoman Baker to approve the
tie bid of #7178, #7181, #7188, #7175, #7182, and to approve Bid #7179 and pass Resolution
No. 1311 authorizing the contract to Three "T" Painting Company referenced above.
Motion carried: 4 Yeas, 0 Nays. Mayor McAlister was absent.
Mayor Pro Tem Henry commented that this would be the last Council Meeting that
Mr. Nesbitt would be attending inasmuch as he is retiring January 31. He was awarded
a standing ovation for his dedicated service by those present in the Council chambers
JWF:j s
RESOLUTION NO. 1311
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayrr of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Contract to be entered into by and
between. said City (as owner) and Three T Painting Co. of Midland, Texas, for cleaning
and painting interior of 1.1 million gallon ground storage reservior 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 R^solution as if fully copied
herein in detail.
Passed by the City Council this 27th day of January 1983.
/S/ Alan Henry
ALAN HENRY, Mayor Pro Tem
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Guy Wilson
Guy Wilson, Water Utilities Engineer
APPROVED AS TO FORM:
ISI J. Worth Fullingim
J. Worth Fullingim, Asst. City Attorney
Hold a public hearing regarding the issuance of Industrial Revenue Bonds to Diamond
Plastics Corporation. (Reso. 1268, 12/09/82, vs. Reso.,1302, 1/27/83)
In accordance with the notice published in the Lubbock Avalanche -Journal on January 20,
1983, a public hearing was held on the above matter.
Proponent: George Miller, Vice President of the
Industrial Development Board
George Miller apprised the Council that the application for Diamond Plastics Corporation
was approved on December 9, 1982, (Resolution No. 1268) for the issuance of Industrial
Revenue Bonds, said bonds to be used for the purchase of the plant located on
University Avenue formerly owned by Gifford -Hill. Diamond Plastics is a subsidiary of
Mitsubishi Corporation, and the operations will employ about sixty (60) people and
commenced in the latter part of November, 1982. The bond issuance is set for $1,200,000
and the issuance of the referenced bonds was unanimously approved by the Industrial
Development Board on January 26, 1982.
There being no opposition and no discussion, the hearing was closed.
JAN 2 7 1983
AFFIDAVIT OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, on this day
personally appeared Twila Aufill who after being
by me duly sworn deposes and says that (s)he is the
Account Manager of the LUBBOCK AVALANCHE -JOURNAL,
which is a newspaper having general circulation in the City
of Lubbock, Texas, and that a true and correct copy of the
"NOTICE OF INTENTION TO HOLD PUBLIC HEARING AND APPROVE AN
ISSUE OF INDUSTRIAL DEVELOPMENT BONDS", hereto attached was
published in said paper on the following dates:
January 13, 1983; and
January 20, 1983;
the date of the first publication of said notice being at
least fourteen (14) days prior to the date, stated in the
notice, of the public hearing and vote on the resolution
approving issuance of the bonds.
SWORN TO AND SUBSCRIBED BEFORE ME, this the 2Oth day
of January, 1983.
(Notary Seal)
Notary Public, State of Texas
My Commission Expiresil/10/84
21 SMOPR''
40RETARY
83-42- 48-85
Consider a
resolution authorizing
the issuance of Lubbock Industrial Revenue Bonds
(18)
to Diamond
Plastics
Corporation.
(Reso. 1268, 12/09/82)
* See Reso. 1268,
12/09/82
Resolution
No. 1302
approving
bond issuance
The motion
was made
by Councilman
Aderton, seconded by Councilwoman Baker to pass
Resolution
No. 1302
authorizing the issuance of $1,200,000 of Industrial Revenue Bonds
to Diamond
Plastics
Corporation.
Motion carried: 4 Yeas, 0 Nays. Mayor McAlister
was absent.
L Q.
JAI; 2 7 198 3
I
RESOLUTION APPROVING ISSUANCE OF BONDS AND APPROVING
RESOLUTION BY LUBBOCK INDUSTRIAL DEVELOPMENT CORPORATION
PROVIDING FOR THE ISSUANCE OF $1,200,000 LUBBOCK INDUSTRIAL
DEVELOPMENT CORPORATION INDUSTRIAL DEVELOPMENT REVENUE
BONDS (DIAMOND PLASTICS CORPORATION PROJECT) SERIES 1983
WHEREAS, Lubbock Industrial Development Corporation (the "Issuer") was created by
I
the City of Lubbock, Texas (the "Unit"), pursuant to the provisions of the Development
i
Corporation Act of 1979, Article 5190.6, Vernon's Texas Civil Statutes, as amended
(the "Act");
WHEREAS, it is deemed necessary and advisable that this Resolution be adopted; and
WHEREAS, a public hearing has been he I Ild regarding the matters relating to this .
Resolution at which hearing all members of'�the public who wished to be heard were given
the opportunity to address this City Counci 1, notice having been duly published of such
hearing. i
THEREFORE, BE IT RESOLVED BY THE CI
Section 1. The Resolution authorizi-
Corporation Ind-strial Development Revenu
Series 1983; a Loan Agreement; an Indentu
Security Agreement; and Other Matters in
on January 27, 1983 (the "Resolution"), a
and made a part hereof for all purposes,
COUNCIL OF THE CITY OF LUBBOCK, TEXAS, THAT:
$1,200,000 Lubbock Industrial Development
Bonds (Diamond Plastics Corporation Project)
of Trust; a Collateral Assignment and
nnection therewith, adopted by the Issuer
opy of which is attached hereto as Exhibit "A"
hereby specifically approved.
Section 2. The approval herein given is in accordance with the provisions of
Section 25(f) of the Act and is not to be'iconstrued as any undertaking by the Unit,
and such bonds shall never constitute an or pledge of the Unit, or the
State of Texas, within the meaning of any7onstitutional or statutory provision, and
the holder of such bonds shall never be paid in whole or in part out of any funds raised
or to be raised by taxation or any other I evenues of the Issuer, the Unit, or the
State of Texas except those revenues assigned and pledged by documents authorized by
the Resolution.
1
Section 3. The programs and expenditures authorized and contemplated by the aforesaid
documents, including the issuance of the Ponds authorized by the Resolution, are hereby
in all respects approved.
Section 4. The Mayor and City Secre
Unit are hereby authorized, jointly and s
instruments, certificates, documents, or
intent and purposes of this Resolution.
PASSED AND APPROVED this January 27,
ATTEST:
ISI Evelyn Gaffga
-1 City Secretary
(SEAL)
EXHIBIT A
ary of the Unit and the other officers of the
verally to execute and deliver such endorsements,
apers necessary and advisable to carry out the
1983.
S/ Alan Henry
LAN HENRY, Mayor Pro Tem
CERTIFICATE FOR RESOLUTION
$1,200,000 LUBBOCK INDUSTRIAL DEVE
INDUSTRIAL DEVELOPMENT RE
(DIAMOND PLASTICS CORPORATION PRC
A LOAN AGREEMENT; AN INDENTURE OF
ASSIGNMENT AND SECURITY,AGREEN
MATTERS IN CONNECTION I
I, the undersigned Secretary of LUE
"Issuer"), do hereby certify as follows:
THORIZING
PMENT CORPORATION
NUE BONDS
CT) SERIES 1983;
UST; A COLLATERAL
T; AND OTHER
REWITH
INDUSTRIAL DEVELOPMENT CORPORATION (the
1. In accordance with the Bylaws of the Issuer the Board of Directors of the Issuer
(the "Board") held a meeting on January , 1983, (the "Meeting" of the duly constituted
officers and members of the Board, to -wit':
B. C. McMinn
President
George Miller
Vice
resident
Marion Sanford
Secretary
Bob Suter
Director
Director
George Scott, Jr.
Director
Moises Perez
Alan Henry
Director
50
t •'
RESOLUTION AUTHORIZING
$1,200,000 LUBBOCK INDUSTRIAL DEVELOPMENT CORPORATION
INDUSTRIAL DEVELOPMENT REVENUE BONDS
(DIAMOND PLASTICS CORPORATION PROJECT) SERIES 1983;
A LOAN AGREEMENT; AN INDENTURE OF TRUST;
A COLLATERAL ASSIGNMENT AND SECURITY AGREEMENT;
AND OTHER MATTERS IN CONNECTION THEREWITH
(the "Resolution") was duly introduced for the consideration of the Board and read
in full. moved and seconded that the Resolution be
adopted. After due discussion, said motion, carrying with it the adoption of the
Resolution, prevailed and carried by the following votes:
For:
Against:
Abstained:
2. A true, full, and correct copy of the Resolution adopted at the Meeting is
attached to and follows this Certificate; the Resolution has been duly recorded in
the Board's minutes of the Meeting; the above and foregoing paragraph is a true, full,
and correct excerpt from the Board's minutes of the Meeting pertaining to the adoption
of the Resolution; the persons named in the above and foregoing paragraph are the
duly chosen, qualified, and acting officers and members of the Board as indicated
therein; each of the officers and members of the Board was duly and sufficiently
notified officially and personally, in advance, of the time, place, and purpose of
the Meeting in accordance with the Bylaws, and that the Resolution would be intro-
duced and considered for adoption at the Meeting.
(SEAL)
SIGNED AND SEALED this January , 1983.
Secretary
RESOLUTION AUTHORIZING
$1,200,000 LUBBOCK INDUSTRIAL DEVELOPMENT CORPORATION
INDUSTRIAL DEVELOPMENT REVENUE BONDS
(DIAMOND PLASTICS CORPORATION PROJECT) SERIES 1983
A LOAN AGREEMENT; AN INDENTURE OF TRUST;
A COLLATERAL ASSIGNMENT AND SECURITY AGREEMENT;
AND OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, pursuant to the Development Corporation Act of 1979, Article 5190.6,
Vernon's Texas Civil Statutes, as amended (the "Act"), Lubbock Industrial Development
Corporation (the "Issuer"), on behalf of the City of Lubbock, Texas (the "Unit"),
is empowered to finance the cost of projects to promote and develop industrial and
manufacturing enterprises to promote and encourage employment and the public welfare
by the issuance of obligations of the Issuer which projects will be within the
Unit's boundaries;
WHEREAS, Diamond Plastics Corporation, a Delaware corporation (the "User"),
has requested the Issuer to finance the cost of acquiring an industrial project
(the "Project");
WHEREAS, on November 29, 1982, the Issuer adopted a "Resolution Concerning
Issuance of Bonds to Finance a Project for Diamond Plastics Corporation" (the
"Initial Resolution");
WHEREAS, in order to finance the Project, the Issuer proposes to issue bonds
styled "Lubbock Industrial Development Corporation Industrial Development Revenue
Bonds (Diamond Plastics Corporation Project) Series 1983" (the "Bonds") in the
aggregate principal amount of $1,200,000; and
WHEREAS, there have been presented to the Issuer proposed forms of each of the
following:
1. Loan Agreement, dated as of, February 1, 1983 (the "Agreement"), by and
between the Issuer and the User, including a form of promissory note from the User
to the Issuer in the principal amount of the Bonds (the "Note");
2. Indenture of Trust, dated as of February 1, 1983 (the "Indenture"), by
and between the Issuer and InterFirst Bank Houston, N.A., as trustee (the "Trustee");
3. Deed of Trust and Security Agreement, dated as of February 1, 1983 (the
"Deed of Trust"), from the User to InterFirst Bank Houston, N.A., as mortgage trustee
for the benefit of the Issuer; and
4. Collateral Assignment and Security Agreement, dated as of February 1, 1983
(the "Collateral Assignment"), from the Issuer to the Trustee.
THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF LUBBOCK INDUSTRIAL
DEVELOPMENT CORPORATION THAT:
Section 1. Based solely upon the representations made to the Board of Directors
(the "Board") and to the Texas Industrial Commission by the User, it appears and the
Board hereby finds that:
51
H0 At IS 10 I
Fll�
A. The Project is suitable for the promotion of manufacturing or industrial
development and expansion; and
B. Additionally:
(i) The Project will have an impact of stabilizing employment within the
Unit's boundaries; and
(ii) the Project is in furtherance of the public purposes of the Act.
Section 2. The Board hereby approves the Agreement in substantially the form and
substance presented to the Board and the President or, in the alternative, the
Vice President is hereby authoriz6di. and directed, for and on behalf of the Issuer,
to date, sign, and otherwise execute the Agreement and the Note, in final form, and the
Secretary or, in the alternative, any Assistant Secretary isauthorizedand directed
for and on behalf of the Issuer to attest the Agreement, and such officers are hereby
authorized to deliver the Agreement. Upon execution by the parties thereto and
delivery thereof, the Agreement shall be binding upon the Issuer in accordance with the
terms and provisions thereof.
Section 3. The Bonds in the aggregate principal amount of $1,200,000 are authorized
to be issued for the purpose of paying the cost of acquiring the Project. The Board
hereby approves the Indenture in substantially the form and substance presented to the
Board and the President or, in the alternative, the Vice President is authorized and
directed for and on behalf of the Issuer to date, sign, and otherwise execute the
Indenture and the Secretary or, in the alternative, any Assistant Secretary is hereby
authorized to attest the Indenture and such officers are hereby authorized to deliver
the Indenture. The details of the Bonds shall be as set forth in the Indenture. Upon
execution by the parties thereto and delivery thereof, the Indenture shall be binding
upon the Issuer in accordance with the terms and provisions thereof.
Section 4. The Board hereby approves the Collateral Assignment assigning, among
other things, all right, title, interest, estate, lien, privilege, claim, demand, and
equity of the Issuer arising under the Deed of Trust, in substantially the form and
substance presented to the Board and the President or, in the alternative, the Vice
President is authorized and directed, for and on behalf of the Issuer, to date, sign,
and otherwise execute the Collateral Assignment and the Secretary or, in the alternative,
any Assistant Secretary is hereby authorized to attest the Collateral Assignment on
behalf of the Issuer, and such officers are hereby authorized to deliver the Collateral
Assignment. Upon execution by the Issuer and delivery thereof, the Collateral Assignment
shall be binding upon the Issuer in accordance with the terms and provisions thereof.
Section 5. The President or, in the alternative, the Vice President and the
Secretary, or in the alternative, any Assistant Secretary are hereby each authorized
and directed to execute the Bonds, or have their facsimile signatures placed upon the
Bonds, and each is hereby authorized and directed to deliver the Bonds, and the seal
of the Issuer is hereby authorized and directed to be affixed or placed in facsimile
on the Bonds.
Section 6. InterFirst Bank Houston, N.A., Houston, Texas, is hereby appointed as
trustee under the Indenture thereby serving as Registrar and Paying Agent under the
terms of the Indenture.
Section 7. The sale of the Bonds to InterFirst Bank Houston, N.A., Houston, Texas,
at a price of 100% of the principal amount of the Bonds is hereby authorized and approved.
Section 8. The President, the Vice President, or the Secretary are each hereby
severally authorized to execute and deliver to the Trustee the written order of the
Issuer of the authentication and delivery of the Bonds by the Trustee in accordance
with the Indenture.
Section 9. All action (not inconsistent with provisions of this Resolution)
heretofore taken by the Board and officers of the Issuer directed toward the financing
of the Project and the issuance of the Bonds be and the same hereby is ratified,
approved, and confirmed.
Section 10. The officers of the Issuer shall take all action in conformity with
the Act, as necessary, or reasonably required to effectuate the issuance of the Bonds
and take all action necessary or desirable in conformity with the Act to finance the
Project and for carrying out, giving effect to, and consummating the transactions con-
templated by the Bonds, the Initial Resolution, this Resolution, including without
limitation, the execution and delivery of any closing documents in connection with
the issuance of the Bonds.
Section 11. The officers executing the documents approved by this Resolution are
authorized to approve such changes to said documents as are necessary and appropriate
and not contrary to the general tenor thereof.
Section 12. After any of the Bonds are issued, this Resolution shall be and
remain irrepealable until the Bonds or interest thereon shall have been fully paid or
provisions for payment made pursuant to the Indenture.
52
Section 13. If any section, paragraph, clause, or provision of the Resolution
shall be held to be invalid or unenforceable, the invalidity or unenforceability of
such section, paragraph, clause, or provision shall not affect any of the remaining
provisions of this Resolution. In case any obligation of the Issuer authorized or
established by this Resolution or the Bonds is held to be in violation of law as
applied to any person or in any circumstance, such obligation shall be deemed to
be the obligation of the Issuer to the fullest extent permitted by law.
PASSED AND APPROVED January 1983.
President
ATTEST:
Secretary
(SEAL)
GENERAL CERTIFICATE
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
The undersigned, Mayor Pro Tem and City Secretary of the City of Lubbock, Texas
(the "Unit"), do hereby certify as follows:
1. This Certificate is executed with reference to that series of bonds styled
"Lubbock Industrial Development Corporation Industrial Development Revenue Bonds
(Diamond Plastics Corporation Project) Series 1983," in the aggregate principal
amount of $1,200,000 (the "Bonds").
2. The Unit is a body politic and corporate, a municipal corporation and a
home rule city created, existing, and operating under the Constitution and the laws
of the State of Texas and the city charter duly adopted by qualified electors of the
Unit, exercising all powers granted or reserved thereunder.
3. Lubbock Industrial Development Corporation (the "Issuer") was created and
authorized to act on behalf of the Unit, and the Articles of Incorporation and the
Bylaws of the Issuer were approved, by resolution of the Unit, dated March 13, 1980.
4. On December 9, 1982, and at all times since that date, the following persons
have duly constituted the officers of the Unit:
Name Office
Bill McAlister Mayor
Alan Henry Councilmember
M. J. Aderton Councilmember
E. Jack Brown Councilmember
Joan Baker Councilmember
5. On November 29, 1982, and at all times since that date, the following persons
have constituted the duly appointed and acting members of the Issuer.
B - C. McMinn
George Miller
Marian Sanford
Bob Suter
George Scott, Jr.
Moises Perez
Alan Henry
6. The Unit, by written resolution dated December 9, 1982, has approved a
Resolution Concerning Issuance of Bonds to Finance a Project for Diamond Plastics
Corporation adopted by the Issuer on November 29, 1982, and by written resolution
dated January 27, 1983, has specifically approved the issuance of the Bonds and
the documents relating thereto in the amount and for the purpose set forth therein
and such resolution has not been amended, annulled, rescinded, or revoked and remains
in full force and effect on the date hereof.
7. The Unit has approved all programs and expenditures of the Issuer in connection
with the issuance of the Bonds and the transactions contemplated thereby.
8. No litigation is pending or, to the best of my knowledge, threatened against
the Unit:
W to restrain or enjoin the issuance or delivery of the Bonds; or
(ii) in any way contesting (a) the right and power of the Unit in
connection with any action taken by it towards the creation
of the Issuer or the issuance of the Bonds or (b) the titles
of the current officers of the Unit to their respective offices.
53
On December 9, 1982, and at all times since that date, Evelyn Gaffga has been
the duly elected, qualified, and acting City Secretary of the Unit whose signature
appearing on the following certificate is true and genuine.
SIGNED AND SEALED THIS January 27, 1983
_/S/ Alan Henry
ALAN HENRY, Mayor Pro Tem
(SEAL)
I, the City Secretary of the City of Lubbock, Texas, hereby certify that
Alan Henry is the duly elected, qualified, and acting Mayor of the Unit whose
signature appearing above is true and genuine.
/S/ Evelyn Gaffga
City Secretary
CERTIFICATE FOR RESOLUTION APPROVING ISSUANCE OF
BONDS AND APPROVING RESOLUTION BY LUBBOCK INDUSTRIAL
DEVELOPMENT CORPORATION PROVIDING FOR THE ISSUANCE OF
$1,200,000 LUBBOCK INDUSTRIAL DEVELOPMENT CORPORATION
INDUSTRIAL DEVELOPMENT REVENUE BONDS
(DIAMOND PLASTICS CORPORATION PROJECT)
SERIES 1983
I, the undersigned, City Secretary of the City of Lubbock, Texas (the "Unit"),
do hereby certify as follows:
1. The City Council (the "Governing Body") of the Unit convened in regular session
at 9:30 a.m. central standard time on January 27, 1983 (the "Meeting"), at Lubbock, Texas
the designated meeting place, and the roll was called of the duly constituted members
of the Governing Body, to -wit:
Bill McAlister
Alan Henry
M. J. Aderton
E. Jack Brown
Joan Baker
Mayor
Councilmember
Councilmember
Councilmember
Councilmember
All of such persons were present, except the following absentees: Mayor Bill McAlister
thus constituting a quorum. Whereupon a written:
RESOLUTION APPROVING ISSUANCE OF BONDS AND APPROVING NO. 1302
RESOLUTION BY LUBBOCK INDUSTRIAL DEVELOPMENT CORPORATION
PROVIDING FOR THE ISSUANCE OF $1,200,000 LUBBOCK INDUSTRIAL
DEVELOPMENT CORPORATION INDUSTRIAL DEVELOPMENT REVENUE
BONDS (DIAMOND PLASTICS CORPORATION PROJECT) SERIES 1983
(the "Resolution") was introduced. Councilman M. J. Aderton moved and
Councilwoman Joan Baker seconded that the Resolution be adopted. After due
discussion, said motion, carrying with it the adoption of the Resolution, prevailed and
carried by the following votes:
For: 4
Against• 0
McAlister absent
2. Prior to the vote on the Resolution, the meeting was recessed and a public
hearing was held concerning the matters addressed by the Resolution. All members
of the public who wished to be heard, were given the opportunity to speak at the hearing.
3. A true, full, and correct copy of the Resolution is attached to and follows
this Certificate; the Resolution has been duly recorded in the minutes of the Meeting;
the above and foregoing paragraph is a true, full, and correct excerpt from the minutes
of the Meeting pertaining to the adoption of the REsolution; the persons named in the
above and foregoing paragraph are the duly elected, qualified, and acting members of
the Governing Body; each of such members was duly and sufficiently notified officially
and personally, in advance, of the time,, place, and purpose of the Meeting, and that
the Resolution would be introduced and considered for adoption at the Meeting, and
each of such members consented, in advance, to the holding of the Meeting for such purpose;
and the Meeting was open to the public, and public notice of the time, place, and
purpose of the Meeting was given, all as required by Article 6252-17, Vernon's Texas
Civil Statutes, as amended. In addition, notice of the public hearing was duly
published in a newspaper of general circulation within the Unit, to wit: the Lubbock
Avalanche -Journal on January 13, 1983, and January 20, 1983. An affidavit of publication
of such notice is attached hereto.
SIGNED AND SEALED this January 27, 1983.
/S/ Evelyn Gaffga
City Secretary
(SEAL)
54
83-42-54-86 Zone Case No. 2143-A
(31)
.Request of Bill Stinson and Wayne Pierce (for South University Development Company)
for_a Specific Use zone change, from C-2 to C-4 Specific Use Permit under provisions
of Section 22.3-23 of the Zoning Ordinance for a bowling center, alcoholic beverage
_sales and C-2 uses on Tract A, Sandalwood Village Addition, located at 78th Street
and University Avenue.
The Planning and Zoning Commission recommends this request be approved, subject to
the followim,, condition:
a. That a 7' screening fence of masonry or cedar construction be
placed from the building east to the property line and south
to the south property line; that the fence be constructed
concurrent with the first building permit.
83-42-54-87 Zone Case No. 2390
(32)
Appeal of Charles E. Hunter (for Hunter Millworks, Inc.) to change the west half of
Lot 10, Lowery Subdivision, from R-1 to R-2 and M-_1zoni_ng districts, located at
Brownfield Road and Dover Avenue.
The Planning and Zoning Commission recommends this request be denied.
Mayor Pro Tem Alan Henry announced that Zone Case No. 2143-A and No. 2390 will be
continued at the February 10, 1983, Regular Council Meeting at the request of the
respective proponents.
83-42-54-88 Zone Case No. 2385
(19)
Request of Joe F. Cook to change part of Lots 3 and 4, Block 7, Morning View Addition
from R-1 to A-2 zoning district, located at East 2nd Street and Niter Avenue.
The Planning and Zoning Commission recommends this request be Approved.
Ordinance No. 8394
In accordance with the notice published in the Lubbock Avalanche -journal on January 12,
1983, a hearing was held on the above matter.
Proponent: Joex. Cook
The request was originally for A-2 spot zoning with adjacent land uses being: R-1
vacant property on the north, R-1 scattered development on the south and east, Loop 289 on
the west. The proponent indicated that they wish to construct one-story apartments
and the case as filed is not consistent with the Comprehensive Land Use Plan. However,
the neighborhood development has altered considerably; and it is the staff recommendation
that the policy zone bounded by East Auburn on the north, East Second Street on the
south, and East Niter Avenue on the east as well as Loop 289 on the west be acceptable
for this development as well as future A-2 requests.
There being no opposition and no discussion, the hearing was closed.
The motion was made by Councilwoman Baker, seconded by Councilman Brown that Ordinance
No. 8394 be passed on first reading granting A-2 zoning change at the above referenced
location. Motion carried: 4 Yeas, 0 Nays. Mayor McAlister was absent.
SMH:da ORDINANCE NO. 8394
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. 2385; CHANGE PART OF
LOTS 3 AND 4, BLOCK 7, MORNING VIEW ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS,
FROM R-1 TO A-2 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION
1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
55
83-42-55-89
(20)
83-42-55-90
(21)
Zone Case No. 1565-D
Request of Arelyn Cox for a Specific Use zone change, from C-4 to C-4 Specific Use Permit
under provisions of Section 22.3-24 of the ZoningOrdinance, for mini -warehouses on
part of Tract B, Southwest Commercial Park Addition, located at 49th Street and Homestead
Avenue.
The Planning and Zoning Commission recommends this regeust be approved.
Ordinance No. 8395
In accordance with the notice published on January 12, 1983, in the Lubbock Avalanche -
Journal, a public hearing was held on the above matter.
Proponent: Ron Meadar
This request is for mini -warehouses in an area of heavy commercial and industrial land
uses. Adjacent land uses are: heavy commercial development on the north and west, M-1
with IDP'standards on the south, commercial development on the east. The request is
consistent with the Land Use Plan and the required site plan meets all standards.
There being no opposition and no discussion, the hearing was closed.
The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Ordinance
No. 8395 on first reading. Motion carried: 4 Yeas, 0 Nays. Mayor McAlister was
absent.
SMH:da
ORDINANCE NO. 8395
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. 1565-D; A SPECIFIC USE
ZONE CHANGE, FROM C-4 TO C-4 SPECIFIC USE PERMIT UNDER PROVISIONS OF SECTION 22.3-24 OF
THE ZONING ORDINANCE, FOR MINI -WAREHOUSES ON PART OF TRACT B, SOUTHWEST COMMERCIAL PARK
ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; PROVIDING FOR A PENALTY AS PROVIDED
FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Zone Case No. 2391
Request of Bill Schwarzenbach (for Preston Smith) for a Specific Use zone change, from
R-2 to AM Specific Use Permit under provisions if Section 22.3-20-3 of the Zoning
Ordinance, for professional offices on Lot 18, Block 2, Ellwood Place Addition, located
at 2435 20th Street.
The Planning and Zoning Commission recommends this request be approved, subject to the
following conditions:
a. That the front two parking spaces on the site plan be
deleted.
b. That the sidewalk be constructed on the University Avenue
side of the lot.
Ordinance No. 8396
In accordance with the notice published on January 12, 1983, in the Lubbock Avalanche -
Journal, a public hearing was held on the above matter.
Proponent: Bill Schwarzenbach, on behalf of Preston Smith
and Dr. Royce Lewis
The request is to construct professional offices to be located in a home adjacent to a
home that is presently zoned for professional offices at the referenced location. The
proponent wants to combine the common area, or rear yards of both units, into one
parking lot to have better accessability from University Avenue. The adjacent land
uses are: Texas Bank and Trust on the north and single-family residences on the
south, east, and west. The entire block faces the south side of 20th Street from
University Avenue to Avenue X and was previously approved as AM zoned. The site plan
meets all of the conditions with the exception of two: the two parking spaces off of
20th Street in front of the units are illegal for commercial zoning and therefore must
be deleted; it is requested that a sidewalk be installed on University Avenue and
depicted on the site plan filed with the City staff. The Planning and Zoning Commission
approved the request subject to these two conditions. The proponent indicated that
there were no problems with these requests.
There being no opposition or no discussion, the hearing was closed.
The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Ordinance
No. 8396 on first reading subject to the conditions stated therein. Motion carried:
4 Yeas, 0 Nays. Mayor McAlister was absent.
SMH:da
ORDINANCE NO. 8396
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. 2391; A SPECIFIC USE
ZONE CHANGE, FROM R-2 TO AM SPECIFIC USE PERMIT UNDER PROVISIONS OF SECTION 22.3-20-3
____ rl.11nr nr. UT(1VC MJ T nT 1 R uT.nru 9 FT,T.WOM PLACE
83-42-56-91 Zone Case No. 1209-C
(22)
Request of Raymond D. Powell (for B. R. Griffin) to change part of Lots 1, 2, 3 and
4, Lutheran Addition, from A-1 to C-2 zoning district, located 150' south of 5-0th
Street and west of Joliet Avenue.
The Planning and Zoning Commission recommends this request be approved.
Ordinance No. 8397
In accordance with the notice published on January 12, 1983, in the Lubbock Avalanche -
Journal Lubbock, a public hearing was held on the above matter.
Proponent: Raymond D. Powell
This request is for a small shopping center on a tract originally zoned for C-2. The
property was zoned A-1 in August, 1976, for an apartment project which never materialized,
and now the proponent is requesting that the zone change be returned to its original
C-2 status. The frontage is along 50th Street and the proponent plans to remove a
gas station located at 50th and Joliet. The adjacent land uses are: commercial
development on the north, single-family residences on the south, shopping center on
the east, Board of Realtors' office on the west. The proponent indicated that a stop
sign had been requested previously at Joliet and 52nd when there was some expressed
concern about the traffic into the proposed shopping center, and they would again
consider making that request if deemed necessary.
There being no opposition and no discussion, the hearing was closed.
The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass
Ordinance No. 8397 on first reading. Motion carried: 4 Yeas, 0 Nays. Mayor McAlister
was absent.
SMH/mck ORDINANCE NO. 8397
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. 1209-C; CHANGE PART OF
LOTS 1, 2, 3 AND 4 IN THE LUTHERAN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY,
TEXAS, FROM A-1 TO C-2 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN
SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
83-42-56-92 Zone Case No. 1947-B
(23)
Request of Scott MacKenzie (for West Loop Joint Venture) to change a tract of land
out of Section 44—, Block A-K from C-3 to A-1 zoning district, located from 263' to
-65-3T north of 34th Street between Loop 289 and Frankford Avenue.
The Planning and Zoning Commission recommends this request be approved.
Ordinance No. 8398
In accordance with the notice published on January 12, 1983, in the Lubbock
Avalanche -Journal, a public hearing was held on the above matter.
Proponent: Scott MacKenzie
The request is for the purpose of constructing apartments on a tract of land previously
zoned C-3. The original zoning was granted in 1976 on the basis of an overall plan.
Adjacent land uses are: vacant A-1 on the north, vacant commercial zoning on the
south, vacant R-1 (LCC Campus) on the east, Loop 289 on the west. The request meets
the developmental standards of the Comprehensive Land Use Plan and the proponent has
submitted a site plan to reflect these standards. The proponent indicated that there
would be two hundred sixteen (216) apartment units involved in the project.
There being no opposition and no discussion, the hearing was closed.
The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass
Ordinance No. 8398 on first reading. Motion carried: 4 Yeas, 0 Nays. Mayor McAlister
was absent. _J
SMH/mck ORDINANCE NO. 8398
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. 1947-B; CHANGE A TRACT
OF LAND OUT OF SECTION 44, BLOCK A-K, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-
3 TO A-1 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF
THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
83-42-57-93 Zone Case No. 2392
(24)
Request of Thomas G. O'Jibway (for West Central Investments, Inc.) to change Lots 239,
240 and 2_41, Oak Park Addition, from R-1 to R-2 zoning district, located at 7816 Avenue U.
The Planning and Zoning Commission recommends that this request be approved.
Ordinance No. 8399
In accordance with the notice published on January 12, 1983, in the Lubbock
Avalanche -Journal, a public hearing was held on the above matter.
Proponent: Carlos Thornton
The unique aspect of this case is that there is a single-family structure existing
within the R-2 zoning district, but the balance of the block also contains some single-
family units all of which are within the R-2 zoning district. Adjacent land uses are:
single-family development on the north, south, and west; and open R-1 zoning that is
vacant on the east. It had been the original intent of the developer to rezone the
entire two (2) blocks that front Avenue U as R-2, but some property was sold and single-
family units were built before the proposed zoning could be achieved. Therefore, there
is a mixture of some duplex and some R-1 being next to each other. The P&Z Commission
was advised that there are no long-range problems associated with this proposal or the
existing situation, and at the P&Z hearing, a couple of neighbors spoke in favor of the
zone change. However, there were four (4) letters of opposition which does not represent
20% of the total property owners involved in the area.
There being no opposition present in the chambers and no further discussion, the hearing
was closed.
The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass Ordinance
No. 8399 on first reading. Motion carried: 4 Yeas, 0 Nays. Mayor McAlister was absent.
SMH/mck ORDINANCE NO. .8399
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. 2392; CHANGE LOTS 239, 240
AND 241 IN THE OAK PARK ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1
TO R-2 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE
CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
83-42-57-94 Zone Case No. 1662-C
(25) Request of Gerald Whitaker (for Villa Olds, Inc.) to change Blocks 13 and 14, C. N. Hodges
Addition, from A-2 to C-4 zoning district, located at 54th Street and Avenue L.
The Planning and Zoning Commission recommends this request be approved, subject to the
following conditions.:
a. That the uses be limited to a new car dealership and their
body shop only.
b. That a wood, masonry or chain -link with metal -slat fence
be_ built along the entire length of the alley and around
the storage lot.
c. That it be tied to the site plan as presented.
Ordinance No. 8400
In accordance with the notice published on January 12, 1983, in the Lubbock
Avalanche -Journal, a public hearing was held on the above matter.
Proponent: Jan Fouts, Attorney for Villa Olds, Inc.
This request is for a new -car dealership body shop. The proponent wants to relocate the
existing body shop to provide additional sales space. The site is on C-4 Specific Use
for offices and mini -warehouses; the site was zoned in 1978, which zoning has expired
and has reverted to A-2. The C-4 Specific Use did not fit the land use plan and docu-
mentation reflects that the area is considered marginal as far as government -assisted
housing due to two (2) such housing projects in close proximity. Adjacent land uses
are: existing newcar dealership and scattered residential on the north, existing commercial
retail on the south, a City park on the east, commercial service across Avenue Q on the
west. Commercial development is unlikely to expand at this location due to the
inaccessability to the area. The question is whether or not the proposed body shop is
compatible to adjacent land uses. P&Z was apprised of three (3) other locations in
Lubbock with similar examples (new -car dealerships with body shops), the combination of
which has proven to be compatible to adjacent commercial development as well as single-
family residential development. The shop will be across the street from the dealership.
The P&Z Commission was advised of the following conditions as recommended by the staff:
523
p�
83-42-58-95
(26)
83-42-5.$-96
(27)
< See Ord. 8391
1. That the uses be limited to a new car dealership and their
body shop only.
2. That a wood, masonry or chain -link with metal -slat fence
be built along the entire length of the alley and around
the storage lot.
3. That it be tied to the site plan as presented to the Council.
There being no opposition and no discussion, the hearing was closed.
The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass
Ordinance No. 8400 on first reading. Motion carried: 4 Yeas, 0 Nays. Mayor McAlister
was absent.
SI,4H:da ORDINANCE NO. 8400
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. 1662-C; CHANGE
BLOCKS 13 AND 14, C.N. HODGES ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM
A-2 TO C-4 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED
FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Zone Case No. 1923-D
Request of Homer Wilson (for Lubbock Venture II, Inc.) to change Tract E, C. C. Knott
Addition, from C-2A to A-1 zoning district, located at 58th Street and Chicago Avenue.
The Planning and Zoning Commission recommends this request be approved, subject to
the following condition: _
a. That the density be limited to 1:3000 (one unit per 3,000 sq ft
of gross development lot area).
Ordinance No. 8401
In accordance with the notice published on January 12, 1983, in the Lubbock
Avalanche -Journal, a public hearing was held on the above matter.
Proponent: Bill Burns, Architect
This request is for an apartment complex with adjacent land uses being: an apartment
complex on the north and east and apartment zoning on the west, vacant commercial
property (South Plains Mall) on the south.
This is an area set by City Council Policy allowing apartments with the provision
that the development be limited to one (1) unit per 3,000 sq ft of gross lot area,
and as long as the density policy is maintained, there should be no problems.
Proponent indicated that the conditions stated therein are acceptable.
There being no opposition and no discussion, the hearing was closed.
The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass
Ordinance No. 8401 on first reading. Motion carried: 4 Yeas, 0 Nays. Mayor McAlister
was absent.
SMH/mck ORDINANCE NO. 8401
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. 1923-D; CHANGE
TRACT E, IN THE C. C. KNOTT ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS,
FROM C-2A TO A-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.
Zone Case No. 2320-A
Request of Doug Corley (for Doug Corley and Truman Powers) to change a tract of
land out of Section 8, Block B, from R-2 to C-4 zoning district, located north of
42nd Street and from 153 to 25 0 west of Avenue A. (Ord. 8391)
The Planning and Zoning Commission recommends this request be approved subject to
the following condition:
a. That the site plan be approved by the Planning and Zoning
Commission prior to issuance of the building permit.
Ordinance No. 8402
In accordance with a notice published on January 12, 1983, in the Lubbock Avalanche -
Journal, a public hearing was held on the above matter.
Proponent: Doug Corley
This request is for C-4 zoning to the rear of existing C-4 zoning that fronts Avenue A.
This same case was filed and denied in April, 1981. The area is still designated as a
Community Development Rehabilitation Area in which the City has made many improvements.
The staff's position is that every effort needs to be made to protect the investment of
this residential district. Adjacent land uses are: commercial development (some vacant
property) on the north and south, a public park on the east, commercial development
across Avenue A on the west. The case was continued from a previous meeting so that the
proponent could revise his site plan to be more compatible with the land use plan in
which was included a directive to investigate the inclusion of some unused right-of-way
into his development; the front development could then be rearranged to accomodate
better access to the rear development. The right-of-way was recorded in 1952 by a
separate document but has never been used and has subsequently been blocked at both ends
by private property and never intersected by any other public street. The proponent
indicated the right-of-way closure ordinance was approved by the Council on January 13,
1983.
The staff made some comment as to the revised site plan, those being that there was no
detail given as to landscaping in the revised plan; access to the property should be
from Avenue A rather than 42nd Street so that commercial traffic will be kept off of
42nd Street; that with the closure of right-of-way, the proponent could change his
building sizes and rearrange the buildings to keep traffic off of 42nd Street. With
these comments, P&Z approved the C-4 request tied to the conditions that the site plan
be approved by P&Z before a building permit is issued, and these were the recommendations
that were presented to the Council.
There being no opposition and no discussion, the hearing was closed.
The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass Ordinance
No. 8402 on first -reading subject to the condition recommended by the staff and recommended
therein. Motion carried: 4 Yeas, 0 Nays. Mayor McAlister was absent.
SMH:da ORDINANCE NO. 8402
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. 2320-A; CHANGE A TRACT OF
LAND OUT OF SECTION 8, BLOCK B, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 TO C-4
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.
83-42-59-97 Zone Case No.2386
(28) Request of the Urban Design Commission to change the north 8' of Lot 18, Lot 19 and 20,
Block 14:9-, Original Town, from C-4 to C_-4 (DH) zoning district, located a—t1001 13th
Street.
The Planning and Zoning Commission recommends this request be approved.
Ordinance No. 8403
In accordance with the notice published on January 12, 1983, in the Lubbock
Avalanche -Journal, a public hearing was held on the above matter.
Proponent: Watson Carlock
This request is for a Design -Historic District and Landmark for the Carlock Building
which will be remodeled into general offices. The Carlock Building was built in 1930 as
the new Cotton Exchange Building, and it was constructed at 13th Street and Texas Avenue
by J. D. Doughty and J. B. Kerby of Weatherford, Texas. Originally the building contained
retail shops on the ground floor, with offices and sample rooms for cotton brokers and
buyers on the second floor. The adjacent land uses are general office space on all
sides. The Urban Design and Historic Preservation Commission approved this case on the
basis of its architectural merit and historical importance in as much as it played a
dominant role in Lubbock's economy in the cotton production, service, and marketing
center. The building has been occupied by the Carlock Cotton Company continuously since
1930. A brief slide presentation was made to reflect the historical significance of
this area.
There being no opposition and no discussion, the hearing was closed.
The motion was made by Councilman Aderton, seconded by Councilman Brown to pass Ordinance
No. 8403 on first reading. Motion carried: 4 Yeas, 0 Nays. Mayor McAlister was absent.
SMH/mck
ORDINANCE NO. 8403
AN ORDINANCE AMENDING ORDINANCE NO. 70004 OF THE CITY OF LUBBOG.J.,, BEING THE ZONING
CODE, SO AS TO lai-,E THE FOLLOWING CHANGE: ZONE CASE NO. 2366; CHANGE THE NORTH 8 FEET
OF LOT IS AND ALL.,,�' LuTS 19 AND 20, IN THE ORIGINAL TOWN ADDITION TO THE CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS FROM C-4 TO C-4 (PH) ZONING DISTRICT; DESIGNATING A
LANDMARK THEREON: PROVIDING FOR A PENALTY AS PROVIDED IN SECTION 1-5 OF THE CITY CODE;.
-6
Wasma
83-42-60-98 Zone Case No. 1923-C
(29)
Request of Buddy Barron, for Lubbock Venture II, to change a tract of land out of
Section _2_8, Block E-2, from A-3 to A-1 zoning district, located from 56th Street to
58th Street east o-f—Loop 289.
The Planning and Zoning Commission recommends that this request be approved, subject
to the following condition:
a. That the 1:3000 ratio for apartment units per square foatage
remain.
Ordinance No. 8404
In accordance with the notice published on January 12, 1983, in the Lubbock
Avalanche -Journal, a public hearing was held on the above matter.
Proponent: Mark Barron
This property was considered for rezoning at the request of Ray Chapman many years
ago at a Special City Council Meeting for the purpose of building apartments of a
luxury type for the elderly. However, after the Special Meeting and the special
rezoning and advertising, nothing came to pass; and it is the request of the proponent
to revert to the original zone district. Adjacent land uses are: undeveloped A-1
on the north, undeveloped C-3 (South Plains Mall) on the south, apartment project on
the east, IDP across Loop 289 on the west. The request is consistent with the
Comprehensive Land Use Plan and with the density policy of one unit to 3,000 sq ft
of gross lot area to be maintained. The proponent indicated that the condition
stated therein is acceptable.
There being no opposition and no discussion, the hearing was closed.
The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass
Ordinance No. 8404 on first reading. Motion carried: 4 Yeas, 0 Nays. Mayor McAlister
was absent.
SMH:mck ORDINANCE NO. 8404
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. 1923-C; CHANGE A
TRACT OF LAND OUT OF SECTION 28, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS,
FROM A-3 TO A-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.
83-42-60-99 Zone Case No. 2152-A
(30)
Request of Dwight Andrews for Crossroads Joint Venture I to change a tract of land
out of Section 44, Block AK from R-1, R-2 and A-1 to C-3 zoning district, located at,
19th Street and Loop 289.
The Planning and Zoning Commission recommends this request be approved, subject to
the following conditions:
a. That the driveways be revised off Iola Avenue, 312' from
19th Street.
b. Allow the buildings on the site plan to be setback lines,
and the buildings may be moved around within the setback lines
as required for permits.
C. That it be tied to the site plan as presented.
Ordinance No. 8405
In accordance with the notice published on January 12, 1983, in the Lubbock
Avalanche -Journal, a public hearing was held on the above matter.
Proponent: Dwight Andrews
The original zoning of this tract was approved for open C-4 at the location of 19th
Street and Loop 289. Subsequently, the zoning has reverted back to R-1 and the
proponent wishes to develop an office and retail development on a smaller tract out
of the original request. The adjacent land uses are: developed C-4 (new -car dealership)
on the north, apartment project on the south, Loop 289 on the east, R-1
development on the west. The proposed development contains seventeen (17) acres
which deviates somewhat from the norm of five to ten (5-10) acres for commercial
development at intersections of major thoroughfares. The additional seven (7) acres
results from the fact that adjacent apartment development is being built on a smaller
tract than originally proposed, and the staff felt that these minor inconsistencies
could be justified. The proponents are also agreeable to tying their development to
a site plan to provide a screening fence to the west which would provide protection
and serve as a buffer to the adjacent R-2 zone.
JAN 2'719e
The major concern at P&Z was access from Iola Avenue, and it was suggested that the
driveway be relocated to the west side of the development near 19th Street. Another
traffic proposal was to consider a stack -up lane or decelleration lane on 19th Street to
help alleviate congestion that could be created by a right -turn movement onto the site.
P&Z finally approved the request subject to the site plan which should reflect that the
building setback lines be a determining factor for the location of the building as well
as the revision of the driveway opening on Iola to be relocated to 19th Street. The
suggestion for the stack-up/decelleration lane on 19th Street was not made a condition
but was submitted for the proponent's consideration.
There being no opposition and no discussion and the stated conditions were agreeable to
the proponent, the hearing was closed. . I
Account Manager
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
L
Subscribed and sworn to before me this 12 t h day of J an u a ry 1983
top
FORM 58 10
The Council recessed at 11:10 a.Ta. for lunch, Work Session, And the Executive Session;
Council was reconvened at 3:3Q p.m.
83-42-61-100 Consider one appointment to the PLUMBING BOARD. The term of James E. Smith expired
(51) 12/31/82.
New: Term - 1/27/83 - 12/31/87
ADAMS, Richard A. 3808 40th Street (13) 795-4711
Engineer P. 0. Box 2100 (08) 747-3331
83-42-61-101 Consider one appointment to the CIVIL SERVICE COMMISSION. The term of Max Addison will
(52) expire 1/29/83.
This appointment is to be considered at a later date.
2
JAN 2 "7 198
83-42-62-102
(53)
83-42-62-103
(54)
Consider one appointment to the SOUTHEAST LUBBOCK DEVELOPMENT CORPORATION. The term
of N. P. Holmes expired 12/11/82.
Reappointed: Term - 1/27/83 - 12/11/86
HOLMES, N. P. 2112 Birth Street (04) 744-0528
100.8 Texas (01) 762-0231
Consider one appointment to the JUBILEE 75 COMMITTEE. Mrs. Claudine Vail has resigned.
New: Term - Indefinite
FIELDS, Marjorie (Midge) 2108 Vicksburg 799-6221
The motion was made by Councilwoman Baker, seconded by Councilman Brown to approve
the above board appointments. Motion carried: 4 Yeas, 0 Nays. Mayor McAlister was
absent.
There being no further business to come before the Council, the motion was made by
Councilwoman Baker, seconded by Councilman Brown to adjourn the meeting at 3:35 p.m.
Motion carried: 4 Yeas, 0 Nays. Mayor McAlister was absent.
HENRY, Mdyor Pro T
ATTEST:
TTEST:
(f - e. e.
Evelyn Gaff a, City Secretary reasurer
Read and approved this loth day of February , 1983.
ATTEST:
E lyn Gaf a, City Seet&ty easurer
ALWITENRY, yor Pro m