HomeMy WebLinkAboutMinutes - City Council - Regular - 2/11/198873
REGULAR CITY COUNCIL MEETING
MINUTES
FEBRUARY 11, 1988
The City Council of the City of Lubbock, Texas met in regular session
on the 11th day of February, 1988 in the City Council Chambers, first
floor, City Hall, 1625 13th Street, Lubbock, Texas at 9:00 a.m.
Present: Mayor Pro Tem Joan Baker, Councilman T. J. Patterson,
Councilwoman Maggie Trejo, Councilman Bob Nash, Councilman George
Carpenter, City Manager Larry J. Cunningham, City Attorney John C.
Ross, Jr., and City Secretary Ranette Boyd.
Absent: Mayor B. C. McMinn and Councilman Gary Phillips.
Mayor Pro Tem 8aker called the meeting to order at 9:00 a.m.
( 1.) The Invocation was given by Jim Bertram,
Assistant City Manager.
2.) The Pledge of Allegiance was given in unison by
those in the Council Chambers.
( 3.) Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo to approve the Minutes of
the January 28, 1988 Regular City Council meeting
as written. Motion carried: 5 Yeas; 0 Nays.
88-47A -73-73
( 4.) Citizen Appearances
Mayor Pro Tem Baker announced that, each Council
member had been presented with an inscribed gavel
by Senator John T. Montford on behalf of the
Texas Senate.
Board Appointments
88-47A-73-74
5.) ORDINANCE #9168--Assignment pay for Fire
Prevention and Training personnel.
ORDINANCE #9168
ORDINANCE #9168
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
LUBBOCK, TEXAS, BY ADDING TO CHAPTER 7 A NEW ARTICLE IV PERTAINING TO
ASSIGNMENT PAY FOR CERTAIN MEMBERS OF THE FIRE DEPARTMENT; PROVIDING
A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Motion was made by Councilman Nash, seconded by
Councilman Patterson to pass on second and final
reading Ordinance #9168 as recommended by Staff.
Motion carried: 5 Yeas; 0 Nays.
74
February 11, 1988
88-47A-74-75
( 6.) ORDINANCE #9164--Zane Case #2612 located
of 4th Street approximately 1336' east o
Ouitsna)--Reauest of Cablevision of Texas
-1 5iDeclTlc Use
crowave
ORDINANCE #9164
on a t
ORDINANCE #9164
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE NO. 2612; A ZONING CHANGE FROM T TO R-1 SPECIFIC USE PERMIT
FOR A MICROWAVE TOWER ON A TRACT OUT OF SECTION 3, BLOCK D-6,
LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Motion was made by Councilman Nash, seconded by
Councilman Patterson to pass on second and final
reading Ordinance #9164 as recommended by Staff.
Motion carried: 5 Yeas; 0 Nays.
88-47A 74-76
{ 7.) ORDINANCE #9165--Zone Case #2613 (located
northeast of 29th Drive and York Avenue) --Request
of Harold Chapman for zoning change C-:3 to C-3
Specific Use commercial athletic field on a
tract out of Section 17. Block B.
ORDINANCE #9165
ORDINANCE #9165
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE NO. 2613; A ZONING CHANGE FROM C-3 TO C-3 SPECIFIC USE
PERMIT FOR A COMMERCIAL ATHLETIC FIELD ON A TRACT OUT OF SECTION 17,
BLOCK B, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
Motion was made by Councilman Nash, seconded by
Councilman Patterson to pass on second and final
reading Ordinance #9165 as recommended by Staff.
Motion carried: 5 Yeas; 0 Nays.
88-47A-74-77
( 8.) ORDINANCE #9166--Abandoning and closing a 5'
Underground Utility Easement located in Section
22.
ORDINANCE #9166
ORDINANCE #9166
AN ORDINANCE ABANDONING AND CLOSING A 5 FOOT UNDERGROUND UTILITY
EASEMENT LOCATED IN SECTION 22, BLOCK A, OF THE CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED HEREINAFTER IN
THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS
OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
75
February 11, 19E
Motion was made by Councilman Nash, seconded by
Councilman Patterson to pass on second and final
reading Ordinance #9166 as recommended by Staff.
Motion carried: 5 Yeas; 0 Nays.
88-47A-75-78
(10.) ORDINANCE #9167--Authorizing the removal of
traffic signal at the intersection of15th '
and Avenue L.
ORDINANCE #9167
ORDINANCE #9167
AN ORDINANCE CANCELLING AUTHORITY AND APPROVAL FOR A TRAFFIC
SIGNAL AT 15TH STREET AND AVENUE L AND AUTHORIZING THE REMOVAL OF
SAID TRAFFIC SIGNAL AS AN OPERATIVE TRAFFIC SIGNAL.
88-47A-75-79
( 9.)
Motion was made by Councilman Nash, seconded by
Councilman Patterson to pass on second and final
reading Ordinance #9167 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
ORDINANCE #9137--Abandoning and closi
of a Storm Water Storage and Drainage
located in Section 11 Block E-2.
ORDINANCE #9137
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A STORM WATER
STORAGE AND DRAINAGE EASEMENT LOCATED IN SECTION 11, BLOCK, E-2,
LUBBOCY COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF
THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS
OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
This Ordinance passed first reading on November
12, 1987, the original request being to close
19.83 acres of this storm water storage and
drainage easement in the area east: of Quaker and
north of 82nd Street, formally known as KFYO,
Lots 1-A and 2-A. However, the de►;eloper has
decided to piecemeal this abandonment process and
close only 1.364 acres of this 19.83 acre tract.
The new area will be known as Lots 1, z, and 3,
King's Gate North Addition. The legal
description in the original Ordinance has been
amended to reflect the 1.364 acres instead of the
19.83 acres.
The final plat is ready to be filed.
Motion was made by Councilman Nash, seconded by
Councilman Carpenter passing on second and final
reading Ordinance #9137 on recommendation of
Staff. Motion carried: 5 Yeas; 0 Nays.
76
THE STATE OF TEXAS R-UT
COUNTY OF LUBBOCK
Before me franC66 Kernandet a Notary Public in and for Lubbock Co►
� of the
personaliv appeared
pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Eve
being by me duly sworn did depose and say that said newspapershas �been npublished
than fifty-two weeks prior to the FirsN insert6�2518af6t1 at Lubbock County, Texas
No. e
ed copy of the LAB I wot iL� is a true co4 of 3
e o iginal was
Avalanche -Journal on the following dates:
ate.. 1—A. am _AA = following
ACCCOnt Ai$n116'1f
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
it,19
Subscribed and sworn to before me this � of I _G r V
FORM 58-10^• ._ a n. �•
88-47a-76-80
ORDINANCE i 9168
AN NANCE AMENDINd
tHE CODE I0F ORDINANCES OF
THE CITY OF LUBBOCK, TEX-
AS, BY ADDING TO CHAPTER 7
A NEW ARTICLE IV PERTAIN-
ING tO ASSIGNMENT PAY FOR
CERTAIN MEMBERS OF THE
FIRE DEPARTMENT; PROVID•
ING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICA.
TIOW
ORDINANCE i 9164
AN ORDINANCE AMENDING
ZONING ORDINANCE NO. 1084
AND THE OFFICIAL MAP OF
THE CITY OF LUBBOCK MAK-
ING THE FOLLOWING
CHANGES: ZONE CASE NO.7617;
A ION ING CHANGE FROM T TO
III SPECIFIC USE PERMIT FOR
A MICROWAVq TOWER ON A
TRACT OUT ❑ SECTION 3.
BLOCK D-& LUBBOCK, TEXAS;
PROVIDING A PENALTY; PRO-
VIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICA-
TION.
ORDINANCE a 916S
AN ORDINANCE AMENDING
IONING ORDINANCE NO. 7084
AND THE OFFICIAL MAP OF
THE CITY OF LUBBOCK MAK-
ING THE FOLLOWING
CHANGES: 20NE CASE NO.2613;
A IONING CHANGE, FROM C-3
TO C-3 SPECIFIC USE PERMIT
FOR A COMM E RC IAL AT HLETIC
FIELD ON A TRACT OUT OF
SECTION 17, BLOCK 8, LUB,
BOCK, TE�IAS; PROVIDING A
PENALTY: PROVIDING A SAV-
ING$ CLAUSE AND PROVIDING
FOR VU0LICAT'ION.
ORDINANCE s ""
(13.) Consider Resolution #2740 authorizing the -Mayor
to execute Change Order No. 1 to "South Lubbock
Drainage Study" (City Contract No. 262
RESOLUTION #2740
RESOLUTION #2740
BE IT RESOLUEO 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 Change Order No. 1 granting an extension of time to Project
No. 9278 (South Lubbock Drainage Study) thus amending the existing
Contract between said City of Lubbock and Albert H. Halff Associates,
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.
11
February 11, 1988
Passed by the City Council this 11th day of February, 1988.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry V._ Hoffman
Larry V. Hoffman, Director of
Transportation
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Assistant City
Attorney
The Engineering Firm of Albert H. Halff and
Associates making this Drainage Study, has
requested a time extension on Phase II of this
Contract.
The change requested an Phase II would extend the
delivery date of the Draft Report from March 31,
1988 to May 12, 1988, and would extend the date
of submission of the Final Report from June 30,
1988 to August 11, 1988.
Staff recommended that this change be granted.
CHANGE ORDER NO. 1 TO PROJECT NO. 9278
SOUTH LUBBOCK DRAINAGE STUDY
TO: Albert H. Halff Associates
4000 Fossil Creek Blvd.
Fort Worth, Texas
Gentlemen:
WHEREAS, it is desirable to make changes in the contract for
this project, being namely the following;
Extension of time allowed to complete Phass II of the Project.
WHEREAS, the Contractor herein agrees to the following change;
Change the delivery date of the Draft Report from March 31, 1988
to May 12, 1988, and extend the date for submission of the final
report from June 30, 1988 to August 11, 1988.
The contract amount of $111,200.00 will not change with this
Change Order.
THIS AGREEMENT WITNESSETH: The Owner and the Contractor agree
to the change shown herein. The Contractor agrees to proceed with
study and to adhere to applicable specifications under the direction
of the Engineer. Furthermore, the parties agree that the original
contract between the Owner and the Contractor shall be modified to
the extent herein indicated.
W
February 11, 1988
IN WITNESS WHEREOF the Owner and the Contractor have hereto set
their hands this 11th day of February, 1988.
ALBERT H. HALFF ASSOCIATES
(ENGINEER)
By: /s/ Troy Lynn Lovell, Vice President
CITY OF LUBBOCK
(OWNER)
By: /s/ B. C. McMinn, Mayor
Attest: /s/ Ranette Boyd, City Secretary
Recommended for approval:
/s/ Larry V. Hoffman, Director of Transportation
Approved as to form:
/s ►]. Worth Fu11_ingim, Assistant City Attorney
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter to authorize Resolution
#2740 as recommended by Staff. Motion carried:
5 Yeas; 0 Nays.
88-47A-78-81
(14.) Consider Resolution #2741 authorizing the Mayor
to execute a Release of Lien created by Paving
Agreement with Resthaven of Lubbock Inc.
RESOLUTION #2741
RESOLUTION #2741
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a
Release of all liens unto Resthaven of Lubbock, Inc., said liens
being created by an Agreement dated April 6, 1982 between the said
City of Lubbock and Resthaven of Lubbock, Inc., a copy of which
respectively was filed in Volume 1781, Pages 169-176 (inclusive) of
the Deed Records of Lubbock County, Texas; Volume 811, Pages 378-384
(inclusive) of the Deed of Trust Records of Lubbock County, Texas,
and Volume 184, Pages 816-823 (inclusive) of the Mechanic's and
79
February 11, 1988
Materialman's Records of Lubbock County, Texas, and declaring all
indebtedness and obligations of Resthaven of Lubbock, Inc. to said
City of Lubbock paid and satisfied, attached herewith, which shall be
spread upon the minutes of the Council and as spread upon the minutes
of this Council shall constitute and be a part of this Resolution as
if fully copied herein in detail.
Passed by the City Council this 11th day of February, 1988.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
Isl Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Is Larry V. Hoffman
Larry V. Hoffman, Director of
Transportation
APPROVED AS TO FORM:
s J. Worth_ Fullingim
J. Worth Fullingim, Assistant City
Attorney
This Release is related to Agreement executed
April 6, 1982, between the City of Lubbock and
Resthaven of Lubbock, Inc., granting right-of-way
on the east side of Frankford Avenue from 19th
Street to Loop 289, and further establishing a
lien in favor of the City of Lubbock to secure
the cost of paving improvements on the east side
of Frankford Avenue.
Resthaven of Lubbock, Inc., has paid this lien;
therefore, this release is in order.
Staff recommended approval of this Release.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson authorizing Resolution
#2741 as recommended by Staff. Motion carried:
5 Yeas; 0 Nays.
88-47A-79-82
(15.) Consider Ordinance #9169 amending Ordinance #9099
regarding Westfork annexation.
ORDINANCE #9169
ORDINANCE #9169
AN ORDINANCE AMENDING ORDINANCE NO. 9D99 OF THE CITY OF
LUBBDCK, TEXAS, WHICH ANNEXED PROPERTY ADJACENT TO THE CITY OF
LUBBOCK, BY CORRECTING CLERICAL ERRORS WITHIN THE METES AND BOUNDS
DESCRIPTION CONTAINED WITHIN SAID ORDINANCE TO CORRECTLY REFLECT THE
INTENT OF THE CITY COUNCIL AND THE CITY MAP ATTACHED TO ORDINANCE NO.
9099; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE; AND
PROVIDING FOR PUBLICATION.
February 11, 1988
When this area was originally surveyed, Hugo Reed
and Associates made two descriptions of the
western boundary: 1) from east to west, and 2)
from the southern intersection of Quaker Avenue.
The description of Quaker Avenue heading north
did not pick up the west 40` of Quaker and this
proposed Amendment will correct the minor metes
and bounds error to include the west 40` of
Quaker for the extent of the annexed area. This
has been discussed with the City Attorneys Staff
and will not affect in any way the Justice
Department clearance or other matters. Staff
recommended approval of this amended Ordinance.
Motion was made by Councilman Nash, seconded by
Councilman Carpenter to pass on first reading
Ordinance #9169 on recommendation of Staff.
Motion carried: 5 Yeas; 0 Nays.
:�
(16.) Consider Ordinance #9170 amending Chapter 14 of
the Code of Ordinances regarding Oil and Gas
Drilling to allow a Letter of Credit as an
alternative to the required Bond andspecifying
the required vote to issue permit with less than
100% consent of property owners.
ORDINANCE #9170
ORDINANCE #9170
AN ORDINANCE AMENDING ARTICLE VI OF CHAPTER 14 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING THE LANGUAGE OF
SECTION 14-128 PERTAINING TO REQUIREMENTS FOR BONDS, LETTERS OF
CREDIT AND INSURANCE FOR DRILLING AND OPERATION OF OIL AND GAS WELLS;
BY AMENDING THE LANGUAGE OF SECTION 14-142, SUBSECTION (c)(3), WITH
REGARD TD VOTE REQUIRED TO SECURE PERMIT FOR DIL AND GAS WELL
OPERATION WHEN LESS THAN 100 PERCENT WRITTEN CONSENT OF REAL PROPERTY
OWNERS IS SECURED; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE;
AND PROVIDING FOR PUBLICATION.
Western Reserves Oil Company submitted a request
that Council consider amending Section 14-128,
Bond and Insurance of the Oil and Gas Drilling
Code. This request is to allow a Letter of
Credit to be used for the same purpose that the
Code now requires a bond (to pay fines,
penalties, and other assessments for breaching
the terms, provisions and conditions of the
drilling code -- 14-128). Recent problems in
obtaining bonding for the $10,000 guarantee that
the Permit will comply with the terms and
conditions of the Ordinance and damages to public
property prompt the suggestion for addition of a
Letter of Credit. Appropriate wording would
include "reputable Texas bank or financial
institution." Although more expensive to obtain,
this alternative would provide flexibility to the
applicants during these times when insurance
companies have greatly complicated the bonding
process.
The City Attorneys Office indicated that the
City has had trouble collecting several letters
of credit for subdivision and/or street
improvements, but these are the exceptions rather
than the rule. City Attorney John Ross indicated
that seldom will a bond pay without litigation
and a judgment in favor of the City.
■
February 11, 1988
Dub Bratcher also requested, on behalf of Texland
Petroleum, to change the process at 14-142(c)(3)
that requires 80% of surface owners within 300'
of residentially zoned property to approve in
writing before the City Council can consider an
Oil and Gas permit.
Texland petroleum Company approached the Planning
Department regarding a Permit for an injection
well on the parking lot at Hillcrest Country
Club. The 300' notice and permission requirement
was mailed to three surface owners of residential
property and one objected, creating a 66%
permission. The construction of 1(c) above has
been interpreted by Mr. Ross and Mr. Bratcher as
not allowing the City Council to approve a Permit
regardless of the outcome of a Public Hearing.
The original intent for the required 80% approval
was patterned after the 20% rule in zoning to
trigger a 6/7 vote for approval. The intent was
certainly not to deny due process for an Oil and
Gas Permit.
The Oil and Gas Drilling Code was adopted in 1982
and amended in 1984 to provide for drilling
injection wells. The original Ordinance has
three items required, among other standards, for
approval of wells drilled after May 13, 1982.
These are as follows:
1. (a) Permission of owners of
residentially zoned property
within 300' of the well.
(b) Permission of owners of
commercially zoned property within
200' of the well.
(c) When 100% permission is not
obtained, but 80% or more
permission is obtained, the City
Council may approve on a 6/7 vote.
When 100% is not obtained and a
Permit is approved, the well shall
be landscaped by standards at
14-144(a)(8).
2. Maintenance of landscape materials.
3. Each permission that is required is automatic
if
a valid lease exists on that property.
Motion was made by Councilman Patterson,
seconded by Councilman Carpenter to pass on
first reading Ordinance #9170 as recommended
by Staff to allow a Letter of Credit to be
used for the same purpose as the Code now
requires a Bond and to amend wording of 14-
142(c)(3) as follows:
When the written consent of 50% of real
property owners cannot be secured, the
City Council may approve a permit in
accordance with this article by a
concurring vote of 6 members.
Motion carried: 5 Yeas; 0 Nays.
(16 Reconsidered) ORDINANCE #9170
February 11, 1988
Mr. 6ratcher, at this point, requested Council
consideration of an additional amendment to
Ordinance #9170 regarding injection wells.
Motion was made by Councilman Carpenter,
seconded by Councilman Patterson to
reconsider Item #16. Motion carried: 5
Yeas; 0 Nays.
Mr. Cunningham stated that Mr. 6ratcher's request
is with respect to injection well provisions of
the Ordinance. When the injection well section
was added in 1984, this part he is now asking for
was omitted at that time to allow the surface
owners significant input.
With reference to Vs 1, 2 and 3 in previous
discussion, when the Injection Well Section was
inserted [14-132(f)] in 1984, the permit process
included 1(a), 1(b), 1(c) and 2 above, but part 3
was not included.
Mr. 8ratcher stated that under Division II (which
is entitled Permits) in the Code, this section is
part of the original application process to drill
the initial well. The statute provides that you
cannot drill closer than 300' to a residence or
property zoned as residential. Mr. 6ratcher
stated that unless the rule is changed as to
injection wells, what will happen is that
individual landowners will be treated
differently; i.e., there is a property owner and
someone wants to drill an oil well within 300' of
his house, that section (e) is applicable to him;
on the other hand, if someone wants to drill an
injection well, that section is not applicable.
Mr. 6ratcher asserted that there should be no
distinction between the situation of a visible
pumpjack, and a site showing nothing. Mr.
8ratcher went on to remind Council that the
introductory phrase of that section says: "When
written permission is required it will be filed
as part of the application.", and he felt that
the 1984 Amendment simply omitted part (e).
Mr. Cunningham stated that Staff has no serious
problems with the requested change, but just want
to make sure there is adequate input from the
property owner. The Council will hear all permit
requests regardless of the percent opposition.
Randy Henson confirmed that currently the two
types of wells are treated differently and there
are two interests in the land: surface ownership
and mineral ownership. On an oil and gas well,
if the lease is signed for a parcel of land that
automatically gives permission of that landowner
regardless of whether the surface is held by the
same person or not. On an injection well, it was
excluded to allow surface owners a greater say.
Mr. Henson said that Staff now finds different
treatment of situations where a drilling rig is
on the site --when it's a producing well versus an
injection well. In terms of the impact on
adjacent residents, the injection well is far
less than the pump jack sitting on the site.
Staff wanted Council to discuss whether these
should be treated equally or should the deletion
of this part regarding injection wells be
continued.
February 11, 1988
Councilman Carpenter asked if everything would be
more desirable in the instance of an injection
well, rather than an active oil well. Mr. Henson
stated that the well at Hillcrest County Club
being discussed will be in the parking lot in a
recessed pit, covered by a steel plate. Mr.
Henson said the issue is a sensitive one of
whether surface owners within 300' control the
permit process, or whether mineral rights, owner
interests should prevail.
Staff recommended the Amendments to the Code
discussed above, and further recommended deletion
of the landscape automatic requirement (at 1(c)
above) since there will be circumstances when the
landscape materials are not warranted.
Councilman Carpenter stated his opinion that
Council should amend that to treat both of them
since it is a process of the recovery system and
other than the two -week period the drilling rig
would be there, it's not offensive, and allows
the producers to recover the oil. Motion was
made by Councilman Carpenter to make the
necessary modifications to Ordinance #9170 to
include provisions for injection wells and to
modify the ordinance as follows: (1) A Bond or
Letter of Credit will be acceptable, (2) In the
section outlining injection well permits [14-
132(f)], Section 14-142(e) will be added which
states "Each written permission required herein
shall be provided as part of the permit
application. A valid oil and gas lease shall
constitute written permission unless otherwise
stipulated in the lease.", and (3) Section 14-
142(c)(3) will be amended to read "When the
written consent of fifty (50) percent of real
property owners cannot be secured, the City
Council may approve a permit in accordance with
this article by a concurring vote of six (6)
members", and the automatic requirement to
landscape a wellsite when 100% approval is not
obtained will be deleted (the Council may always
require the landscaping in the regular permit
hearing process). Councilman Patterson seconded.
Motion carried: 5 Yeas; 0 bays.
88-47A- 83-84
(17.) Consider Ordinance #9171 abandoning and closing a
portion of 13th Street adjacent to Blocks 72 and
73, Overton Addition.
ORDINANCE #9171
ORDINANCE #9171
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 13TH STREET
ADJACENT TO BLOCKS 72 AND 73, OVERTON 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 MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONING AND
CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
First Baptist Church is the proponent requesting
this portion of 13th Street to be closed. The
location is just south of the First Baptist
Church's main buildings between Avenue V and
Vernon Avenue. The area to be closed will revert
back to a 60' Drainage and Utility Easement,
M
February 11, 1988
which will avoid the relocation of utilities. A
replat has been submitted and the reason for
closure is for property expansion and to serve as
a means of controlling the traffic through this
church crossing area.
An appraisal of this area indicates a value of
$.63 per square foot. Appraised values were
taken from the Appraisal District and the values
of adjacent properties which are about $4,000 per
lot for an average sized lot of 50' by 127.5'.
Since the area to be closed will remain as a
Drainage and Utility Easement, the Right -Of -Way
Department has valued it at 40% market value.
The value then of the area to be closed is:
$18,120.96 x $.63 = $11,416.20
$11,416.20 x 40% _ $4,566.48
All utility companies are in agreement since this
will remain as an Easement. The Engineering
Department has requested that a sawtooth curb be
installed to facilitate drainage and serve as a
means of controlling traffic through the closed
street portion.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson passing on first reading
Ordinance #9171 as recommended by Staff. Motion
carried: 5 Yeas; 0 Nays.
88-47A- 84-85
(18.} Consider Ordinance #9172 abandoning and closing a
ortion of 70th Street located in Section 5
Block E.
ORDINANCE #9172
ORDINANCE #9172
AN ORDINANCE ABANDONING AND CLOSING A PORTIONS OF 70th STREET
LOCATED IN SECTION 5, BLOCK 3, IN THE CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS
ORDINAANCE:; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF
THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
This portion of 70th Street to be closed is
located between Avenue J on the west and the west
right-of-way line of I-27 on the east side. This
portion of 70th Street is the north part of a
cul-de-sac area which is no longer needed since
the I-27 routing has opened up this cut -de -sac
street. Proponent of this closure is Holiday
Inn, Inc. and the area to be closed is 1,118.2
square feet. In exchange for this closure,
Holiday Inn is granting the City a 20'
Underground Utility Easement along the east edge
of the property which they are platting. Staff
have been negotiating for this Easement for over
one year, and have now come to an agreement.
The final plat will be ready to file by second
reading. All utility companies are in agreement.
e W
February 11, 1988
Motion was made by Councilwoman Trejo, seconded
by Councilman Patterson passing on first reading
Ordinance #9172 as recommended by Staff. Motion
carried: 5 Yeas; 0 Nays.
88-47A-85-86
(19.) Consider Resolution #2742 authorizing the Mayor
to execute and submit the Urban Homesteading
Program_Application and all related documents.
RESOLUTION #2742
RESOLUTION #2742
WHEREAS, on January 19, 1988 the Neighborhood Redevelopment
Commission of the City of Lubbock reviewed and recommended the Urban
Homestead Application to the City Council of the City of Lubbock; and
WHEREAS, the purpose of the Urban Homesteading Program is to use
existing housing stock to provide homeownership in selected
neighborhoods and assisting in their preservation; and
WHEREAS, the United States Department of Housing and Urban
Development reserves appropriated Section 810 funds to reimburse the
Secretary's Mortgage Insurace fund for any authorized federally owned
properties which may be turned over to the City's designated Local
Urban Homesteading Agency for use in the Lubbock Homestead Program;
and
WHEREAS, the City of Lubbock is desirous of participating in the
U.S. Department of Housing and Urban Development Urban Homesteading
Program; and
WHEREAS, it is in the best interest of the citizens of the City
of Lubbock to apply for the Urban Homesteading Program;
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
SECTION 1: THAT an Urban Homesteading Application and all
related documents are hereby authorized to be filed on behalf of the
City of Lubbock with the U.S. Department of Housing and Urban
Development.
SECTION 2: THAT the Urban Renewal Board of the City of Lubbock
be and is hereby designated the Local Urban Homesteading Agency.
SECTION 3: THAT the Target Area designated on the attached
Urban Homestead Map be and is hereby declared the official Urban
Homestead Area for the City of Lubbock.
r
Me
February 11, 1988
SECTION 4: THAT the City Council directs and designates the
Mayor as the City's Chief Executive Officer and Authorized
Representative to act in all matters in connection with this
application and the City's participation in the Urban Homesteading
Program.
Passed by the City Council this 11th day of February, 1988.
Is1 B.C. McMinn
B. C. McMinn, Mayor
ATTEST:
Is/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Is Sandy Ogletree
Randy Ogletree, Community
Development Administrator
APPROVED AS TO FORM:
Isl Jaynes P. Brewster
James P. Brewster, Civil Trial
Attorney
The Housing and Community development Act of 1974
authorizes the Urban Homesteading Program. The
purpose of the Urban Homesteading Program is to
use existing housing stock to provide home
ownership and assist in neighborhood
preservation. The program provides for the
transfer, without payment, to a Local Urban
Homesteading Agency (LUHA) of federally owned
properties requested by the Local Urban
Homesteading Agency for use in a HUD -approved
local Urban Homesteading Program.
"Homesteader" means an individual or family that
participates in a local Urban Homesteading
Program by agreeing to rehabilitate and occupy a
property in accordance with the requirements of
the Program. Statutorily the Program excludes
persons from being selected as recipients of
property who are currently homeowners. Also, by
law the Program gives a special priority to
applicants as follows: (1) those whose current
housing fails to meet standards of health and
safety, including overcrowding; (2) those who
currently pay in excess of 30% of their income
for shelter; and (3) those who have little
prospect of obtaining improved housing within the
foreseeable future through means other than home-
steading.
In addition, it is provided that an agreement
between the Homesteader and the local Urban
Homesteading Agency shall exist whereby the
individual or family to whom a property is
conveyed agrees to:
1. Occupy such property as a
principal residence for a period
of not less than five years.
February 11, 1988
2. Repair all defects in the property
that pose a substantial and
immediate danger to health and
safety within one year of the date
of initial conveyance.
3. {fake such repairs to the property
as may be necessary to meet
applicable local standards for
decent, safe and sanitary housing
within three years after the date
of initial conveyance. (The
Section 312 Loan Program, created
by the Housing Act of 1964, is the
financing mechanism being used
more across the country by cities
implementing homestead programs
and the Community Development
Staff has the expertise to package
these 312 Loan applications.)
4. Permit reasonable periodic
inspections by the Staff to
determine compliance with the
Agreement.
Staff recommended that the Urban Renewal Board of
Commissioners act as the Local Urban Homesteading
Agency. The Urban Renewal Board has reviewed and
concurred with the proposal.
The application is for $200,000 of Section 810
Funds for homesteading and regulations allow a
maximum of $20,000 for a one unit single-family
residence. With the funding it was anticipated
that 10 to 13 properties will be purchased.
An Urban Homesteading area is designated within
the City and must be Community Development
eligible and have sufficient FHA/VA housing stock
to support the Program.
The Neighborhood Redevelopment Commission
reviewed and endorsed the application at its
January 19, 1988 meeting.
Motion was made by Councilman Nash, seconded by
Councilwoman Trejo to uphold the Neighborhood
Redevelopment Commission and authorizing
Resolution #2742 as recommended by Staff. {lotion
carried: 5 Yeas; 0 Nays.
88-47A-•87--87
(20.) Consider Resolution #2743 authorizing the Mayor
to execute a Funding Agreement with Earl
Learning Centers of Lubbock.
RESOLUTION #2743
RESOLUTION #2743
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
e 4
O
February 11, 1988
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 Community Development Funding Agreement/Contract for
structure renovations between the City of Lubbock and Early Learning
Centers of Lubbock, 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 11th day of February, 1988.
/s/ B. C. McMinn
B.C. McMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranet:te Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Sandy Ogletree
Sande Ogletree, Community
Development Administrator
APPROVED AS TO FORM:
/s/ dames P. Brewster
Dames P. Brewster, Civil Trial
Attorney
On October 6, the City Council approved an
allocation for $35,400 from the Community
Development Contingency Fund to assist with the
Early Learning Centers of Lubbock Renovation
Project. The funding will finance the costs of
completing the renovation and repair of four
existing child care facilities. (Renovation was
partially financed by the United Way.)
The Funding Agreement includes the project
budget, timetable, and Community Development
guidelines and this Agreement was presented to
and approved by the Early Learning Centers Board
of Directors.
Staff recommended approval of this Funding
Agreement.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to authorize Resolution
#2743 as recommended by Staff. Motion carried:
5 Yeas; O Nays.
88--4 i'A-88-88
(21.] Consider Ordinance #9173 authorizing the removal
of the traffic si nal at the intersection of 15th
Street and Texas Avenue.
ORDINANCE #9173
ORDINANCE #9173
e
February 11, 1988
AN ORDINANCE CANCELLING AUTHORITY AND APPROVAL FOR A TRAFFIC
SIGNAL AT 15TH STREET AND TEXAS AVENUE AND AUTHORIZING THE REMOVAL OF
SAID TRAFFIC SIGNAL AS AN OPERATIVE TRAFFIC SIGNAL.
A study of the traffic volumes at the
intersection of 15th Street and Texas Avenue
indicates that requirements were not met for the
minimum volume for continued operation of a
traffic signal. A minimum requirement volume of
500 vehicles per hour on the main street and 200
vehicles per hour on the minor street for each of
eight separate hours during the day is needed to
justify the signals. The two highest volume
hours at this intersection come close to meeting
this requirement with 507 and 589 vehicles on
Texas Avenue, and 179 and 193 vehicles on 15th
Street; however, these types of volumes are not
maintained for eight hours per day. On December
28, 1987, the traffic signal was placed on
"flash" in order to further study the need for
the signal. Since then, there have been two
reported accidents that may have been prevented
by the signal and Staff received one complaint.
However, based upon this information and in
accordance with Section 4C-2 of the TMUTCD, Staff
recommended that the traffic signal be removed.
Motion was made by Councilman Nash, seconded by
Councilwoman Trejo to pass on first reading
Ordinance #9173 as recommended by Staff. Motion
carried: 5 Yeas; 0 Nays.
88-47A-�69-89
(22.) Consider Resolution #2744 authorizing the Mayor
to sign an Interlocal Cooperation Agreement for
law enforcement purposes with Lubbock County.
RESOLUTION #2744
RESOLUTION #2744
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 Interlocal Cooperation Agreement for law enforcement
purposes by and between the City of Lubbock and Lubbock County,
February 11, 1988
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 11th day of February, 1988.
s B. C. McMinn
S.C. McMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Isl Thomas J. Nichols
Thomas J. Nichols, Chief of Police
APPROVED AS TO FORM:
Isl Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
In a memo to Council it was reported that on an
average of once a week, the Lubbock Police
Department receives a request from the Lubbock
Sheriff's Office to assist them in law
enforcement matters such as family disturbances,
burglaries in progress, and fights, and also for
the use of the Canine and SWAT units.
Prior to November 9, 1985, the police responded
out of jurisdiction under the color of
cooperative law enforcement efforts. However,
due to the Sheriff's Office refusal to enter into
a Mutual Aid Agreement, which would provide for
clear responsibilities, authority, and liability,
this practice was stopped.
The Sheriff's Office has now agreed to enter into
a Mutual Aid Agreement which provides for
liability protection for individual officers and
the City of Lubbock and for reimbursements of
damaged equipment, travel costs and medical and
disability payments. Also provided are clear
guidelines as to who may call upon the Police
Department for assistance.
Councilman Nash asked who decides which calls are
"appropriate and necessary". Chief Nichols
replied that the Police Department members down
to rank of Lieutenant designated on each shift
will make these determinations.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson authorizing Resolution
#2744 as recommended by Staff. Motion carried:
5 Yeas; 0 Nays.
88-47A-90-90
(23.) Consider Resolution #2745 authorizing the Mayor
to sign a contract with the Texas Department of
Community Affairs for the Energy Crisis
Intervention Grant.
91
February 11, 1988
RESOLUTION #2745
RESOLUTION #2745
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 all related documents during the effective
dates of the Contract, by and between the City of Lubbock and the
Texas Department of Community Affairs for energy crisis intervention
for low income persons, attached herewith, which shall be spread upon
the minutes of the Council shall constitute and be a part of this
Resolution as if fully copies herein in detail.
Passed by the City Council this 11th day of February, 1988.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Vaughn Hendrie
Vaughn Hendrie, Community Relations Director
APPROVED AS TO FORM:
s Beri'amin Linton
Benjamin Linton, Assistant City Attorney
The City of Lubbock has received the 1987-88
Contract from the Texas Department of Community
Affairs for the Energy Crisis Intervention
Program.
The Grant provides $26,975, which is $40 more
than one year ago. Of this amount, $25,289 or
93.75% will be used for direct assistance to pay
utility bills in emergency situations and the
remaining $1,686 or 6.25% will cover
administrative costs of the Program.
Funds will be used to assist the elderly,
handicapped and families with pre-school age
children who are experiencing some extraordinary
crisis that has depleted their resources normally
used to pay utility bills. (Such instances
include accidents or illness resulting in high
medical bills, loss of employment, death or
funeral expenses, unusually high utility bills
resulting from severe weather, or termination of
unemployment compensation. Termination of
utility service alone does not constitute an
energy crisis.)
92
February 11, 1988
The Community Services Department is required to
determine eligibility and arrange for payment of
utility bills within 48 hours of application.
These funds cannot be used to pay reconnect fees
or deposits and if necessary, Project Help money
can be used for these expenses. Assistance is
available to pay any utility bill, gas, electric,
propane or water if a health -threatening
condition is involved.
State funds can be spent county -wide. Project
Help money is spent within the city limits,
primarily with City of Lubbock bills. Last year,
a total of 226 families were assisted. Staff
recommended approval of this Contract.
Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo authorizing Resolution
#2745 on recommendation of Staff. Motion
carried: 5 Yeas; 0 Nays.
88-47A- 92-91
(24.) Consider Resolution #2746 authorizing the Mayor
to sign a Contract with WorklFamily Elder
Directions Inc. for information and referral
services.
RESOLUTION #2746
RESOLUTION #2746
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 Consultant Agreement by and between the City of Lubbock and
Work/Family Elder Directions, Inc. for Elder Care Consultation and
Referral, attached herewith, which shall be spread upon the minutes
of the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein
in detail.
Passed by the City Council this 11th day of February, 1988.
ATTEST:
s Ranete Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Isl Sylvia Martinez
Sylvia Martinez, Director of Community
Services
APPROVED AS TO FORM:
Is Benjamin L. Linton
Benjamin L. Linton, Assistant City
Attorney
Isl B. C. McMinn
B. C. McMINN, MAYOR
93
February 11, 1988
Work/Family Elder Directions, Inc., of Watertown,
Massachusetts, provides information and referral
services to elderly employees, retirees and
spouses of corporate clients. They have
contractual arrangements with Information and
Referral programs throughout the nation,
including some in major Texas cities.
The company is offering a Contract to the City of
Lubbock Information and Referral Office to
provide services to retirees of the IBM
Corporation. If this Contract is approved,
Information and Referral will receive a start-up
fee of $200 by verbal agreement. For each IBM
retiree or spouse Information and Referral
assists, a $100 fee will be paid by IBM to the
City of Lubbock. These funds can be used for any
purpose as long as Staff fulfills the contractual
requirements. The General Fund allocates
approximately $18,000 to the Information and
Referral Program. Staff recommended revenues
received from this Program up to the General Fund
contribution amount be deposited in the General
Fund. Revenues exceeding that amount can be
deposited in the Community Services Block Grant
Fund.
IBM employees are informed of the assistance
available through Work/Family Elder Directions,
Inc. When retirees call an 800-number, they will
be directed to an information and referral agency
in the community nearest them. When that retiree
or spouse calls the City of Lubbock's Information
and Referral office, Staff will determine their
needs, help them locate available services to
meet those needs, and help plan and receive those
services. R special form will be used to keep
separate records of these clients.
This program allows Staff to capture some of the
costs associated with referrals Staff would
handle regardless of the Contract. It is
difficult to estimate the number of calls for
assistance, but Staff is confident it will place
no additional burden as this office now responds
to several thousand similar requests each year.
The City Attorney's Office has reviewed the
Contract and worked out some agreed changes with
the attorney for Work/Family Elder Directions,
Inc.
The Contract will remain in force from month to
month and either party may terminate the Contract
with 3D-days notice. Blanket insurance coverage
is held by the company and they must give 90-days
notice prior to cancellation. R provision for
complying with laws of the Commonwealth of
Massachusetts has been deleted.
Staff recommended approval of this Contract.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to authorize Resolution
#2746 as recommended by Staff. Motion carried:
5 Yeas; 0 Nays.
February 11, 1988
88-47A-94-92
(25.) Consider Resolution #2747 authorizing the
to sign an Agreement for the purchase of
gas with Mid -Plains Petrochem, Inc.
RESOLUTION #2747
RESOLUTION #2747
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 Gas Purchase Contract by and between the City of Lubbock
and Mid Plains Petrochem, 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 11th day of February, 1988.
Is1 B. C. McMinn
B. C. McMINN, MAYOR
ATTEST,:
s Rariette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Carroll McDonald
Carroll McDonald, Director of Electric
Utilities
APPROVED AS TO FORM:
/s1 Donald G. Vandiver_
Donald G. Vandiver, First Assistant
City Attorney
Following through with the plans to purchase a
dedicated supply of gas for generator fuel for
Lubbock Power and Light, the Staff has negotiated
a Contract with Mid Plains Petrochem, Inc., to
purchase all the gas that they produce. Mid
Plains Petrochem, Inc., is a gathering system in
Garza County that gathers casing head gas from
oil wells in that area. The City has purchased
gas in the past through a Contract with Gas
Gathering Systems, Inc.
This 20-year Contract calls for LP&L to take up
to four million cubic feet of gas per day at a
starting price of $2.15 per MCF. There is a 1%
escalation per year for the first five years, at
which time the gas will reach $2.23 per MCF.
After the first five years and for the remaining
15 years, the gas costs will be 15% below our oil
weighted average cost of gas from other sources.
If LP&L can purchase electric power for less than
it costs to generate with gas, LP&L will not be
required to purchase the gas under this Contract
and Mid Plains Petrochem, Inc., could, in that
situation, then sell their gas to other
customers.
95
February 11, 1988
This volume of gas is approximately one -seventh
of the total estimated annual consumption of
Lubbock Power and Light. Staff estimates that
the overall annual reduction of the cost of fuel
by acquiring this supply is approximately
$400,000 per year and recommended approval of
this Agreement.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to authorize Resolution
#2747 on recommendation of Staff. Motion
carried: 5 Yeas; O Nays.
88-47A-95-93
(26.) Consider Resolution #2748 authorizing the Mayor
to sign an Agreement and related documents with
Power -Tex Joint Venture for the following_
RESOLUTION #2748
RESOLUTION #2748
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 Pipeline Purchase Agreement and Pipeline Operating and
Maintenance Agreement and associated documents by and between the
City of Lubbock and Power -Tex Joint Venture, 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 Ilth day of February, 1988.
/s/ B. C. McMinn
B.C. McMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s/ Robert Massengale
Robert Massengale, Assistant City
Manager for Financial Services
APPROVED AS TO FORM:
/s Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A. Pipeline Purchase Agreement
See Resolution file for original
agreement.
B. Pipeline Operation and Maintenance_
Agreement
See Resolution file for original
agreement.
In order to assure that the City has total
control over this supply of gas, Staff has
negotiated the purchase of the pipeline that
transports this gas from Garza County at a
purchase price of $985,000.
gue
February 11, 1988
This pipeline was originally constructed to carry
carbon dioxide from the carbon dioxide plant
adjacent to the Holly Avenue Plant down to the
oil wells in Garza County. When Carbon Dioxide
Technology closed its operation, they sold the
pipeline to Power -Tex and Staff negotiated the
purchase from Power -Tex. The estimated cost to
build that pipeline and the estimated value at
this time is approximately $2.5 million. The
pipeline has value mostly to Lubbock Power and
Light. Funds for the purchase of this pipeline
will come from available operating cash.
Staff believes that the acquisition of this gas
supply and the acquisition of the pipeline is a
major step forward in assuring long-term low cost
electricity for the citizens of Lubbock, Texas
and therefore recommended approval of the Gas
Purchase Contract and the Pipeline Purchase
Contract.
In the negotiation for the purchase of the gas
pipeline to Garza County, Staff also negotiated
an Operating Agreement with Power -Tex for general
maintenance, inspection, and meter reading. The
flat rate for these services is 21 per MCF that
is transported through the pipeline. The
Contract also provides for special and emergency
services that will be performed on a time and
charges basis. The term of this Agreement is
five years.
Staff believes that the Operating Agreement is
the best way to operate the pipeline since the
City of Lubbock really is not in the business of
maintaining gas pipelines. Therefore, Staff
recommended approval of the Operating Agreement.
Motion was made by Councilman Nash, seconded by
Councilman Patterson to authorize Resolution
#2748 as recommended by Staff. Motion carried:
5 Yeas; O Nays.
88-47A-96-94
(27.) Consider Ordinance #9174 calling the Regular
Municipal Election for May 7 1988.
ORDINANCE #9174
ORDINANCE #9174
AN I ORDINANCE ESTABLISHING THE DATE OF THE REGULAR MUNICIPAL
ELECTION OF THE CITY OF LUBBOCK FOR THE YEAR; AND REQUIRING ISSUANCE
OF AN APPROPRIATE ELECTION ORDER; AND PROVIDING AN EFFECTIVE DATE.
Chapter 1, Article IX, Section 7 of the City
Charter requires the City Council to set the date
of the regular municipal election of the City of
Lubbock by ordinance in each even -numbered year
and it has been City practice for many years to
pass an ordinance early in the year setting the
date and requiring issuance of an appropriate
election order. This item needs to be completed
in time to be included in the pre -submission
materials for the U.S. Department of Justice
before they are mailed at the end of this month.
97
February 11, 1988
Although the City Council had already established
the first Saturday in May as the day for the
regular municipal election last fall after the
recent changes to the Election Code, Staff felt
that it would still be appropriate to place on
the agenda the usual ordinance setting the exact
day and requiring an Election Order.
Staff recommended approval of this Ordinance.
Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo to pass on first reading
Ordinance #9174 on recommendation of Staff.
Motion carried: 5 Yeas; 0 Nays.
88-47A-97-95
(28.) Consider Ordinance #9175 calling a Special City
Charter Amendment Election for May 7, 1988.
ORDINANCE #9175
ORDINANCE #9175
ORDINANCE #9175
AN ORDINANCE CALLING FOR SUBMISSION TO THE QUALIFIED VOTERS OF
THE CITY OF LUBBOCK, TEXAS, FOR ADOPTION OR REJECTION, THE FOLLOWING
AMENDMENTS TO THE EXISTING CHARTER OF THE CITY OF LUBBOCK:
1. AN AMENDMENT TO THOSE SECTIONS OF THE CHARTER REQUIRING
AMENDMENT TO CONFORM WITH JUDICIAL DECISION UNDER THE VOTING RIGHTS
ACT BY EXPANDING THE COUNCIL TO SEVEN (7) MEMBERS; MAYOR TO BE
ELECTED AT LARGE AND COUNCILMEMBERS TO BE ELECTED FROM SINGLE -MEMBER
DIS-TRICTS; PROVIDING A TWO (2) YEAR TERM FOR MAYOR AND STAGGERED
FOUR (4) YEAR TERMS FOR COUNCILMEMBERS; PROVIDING FOR ELECTION OF A
MAYOR PRO TEM BY THE CITY COUNCIL; DEFINING A QUORUM AS FOUR (4)
MEMBERS AND REQUIRING THE AFFIRMATIVE VOTE OF FOUR (4) MEMBERS TO
AOOPT OR REPEAL ORDINANCES OR RESOLUTIONS; AND PROVIDING PROCEDURES
FOR COUNCIL VOTING AND VOTE RECORDATION.
2. AN AMENDMENT TO THOSE SECTIONS OF THE CHARTER REQUIRING
AMENDMENT TO CONFORM TO CHANGES IN THE TEXAS ELECTION CODE; SETTING
THE DATES FOR THE REGULAR MUNICIPAL ELECTION, CANVASS OF VOTES, AND
RUN-OFF ELECTION; REQUIRING A $100.00 FILING FEE OF ALL MUNICIPAL
CANDIDATES OR A PETITION IN LIEU THEREOF; PROVIDING PROCEDURES FOR
RECALL OF OFFICIALS BY DISTRICTS; REQUIRING CONFORMITY TO STATE LAW
IN PETITIONS FOR INITIATIVE, REFERENDUM AND RECALL; PROVIDING TIME
FOR CANVASS OF VOTES AND TO DECLARE RESULTS; AND ELIMINATING USE OF
INITIATIVE AND REFERENDUM WHERE AN ELECTION IS OTHERWISE PROVIDED BY
LAW.
3. AN AMENDMENT TO THOSE SECTIONS OF THE CHARTER SPECIFYING
INTEREST RATE LIMITATIONS WITH REGARD TO BONDS, PAVING ASSESSMENTS
AND PUBLIC WORKS IMPROVEMENT ASSESSMENTS TO ALLOW SUCH INTEREST RATES
AS ARE PROVIDED BY STATE LAW.
4. AN AMENDMENT TO THE CHARTER TO INCREASE THE COMPENSATION
OF THE MAYOR FROM $75.00 PER MONTH TO $400.00 PER MONTH AND TO IN-
CREASE 'THE COMPENSATION FOR COUNCILMEMBERS FROM $25.00 PER MONTH TO
$200.00 PER MONTH.
5. AN AMENDMENT TO CONFORM THE CHARTER TO STATE LAW PROVI-
SIONS REQUIRING COMPETITIVE BIDDING PROCEDURES FOR EXPENDITURES EX-
CEEDING THE AMOUNT ESTABLISHED BY STATE LAW.
6. AN AMENDMENT TO CONFORM THE CHARTER TO JUDICIAL DECISION
THAT NOTICE OF CLAIMS MUST BE FILED WITHIN SIX (6) MONTHS RATHER THAN
THIRTY (30) DAYS AFTER THE TIME SUCH CLAIM AROSE.
February 11, 1988
7. AN AMENDMENT TO PROVIDE THAT THE CITY COUNCIL MAY APPOINT
MEMBERS OF CITY BOARDS AND COMMISSIONS FOR TERMS OF OFFICE OF DP TO
FOUR YEARS IN LENGTH.
8. AN AMENDMENT TO CONFORM THE CHARTER TO COMPLY WITH THE
TEXAS PROPERTY TAX CODE AND OTHER STATE LAWS WITH REGARD TO TAXATION
PROCEDURES; AND ELIMINATING OR CHANGING REFERENCES TO AN ASSESSOR -
COLLECTOR OF TAXES; AND TRANSFERRING ANY REMAINING DUTIES OF SUCH
OFFICE TO THE CITY MANAGER OR HIS DESIGNEE.
9. AN AMENDMENT CONFORMING THE CHARTER TO THE STATE GOVERN-
MENT CODE WITH RESPECT TO THE MUNICIPAL COURT OF RECORD; AND CHANGING
ALL REFERENCES TO A CORPORATIDN COURT TO MUNICIPAL COURT OF RECORD;
AND CONFORMING PENALTIES PERMISSIBLE IN SUCH COURT TO SUCH PENALTIES
AS ARE PERMITTED BY STATE LAW.
10. AN AMENDMENT CORRECTING OR ELIMINATING MINOR INOPERATIVE
PROVISIONS AND TYPOGRAPHICAL ERRORS.
11. AN AMENDMENT TO PROVIDE FOR DISQUALIFICATION OF MEMBERS
OF THE CITY COUNCIL AND THE ELECTRIC UTILITY BOARD OWNING A
SUBSTANTIAL INTEREST AS DEFINED BY STATE LAW IN PUBLIC UTILITY
OPERATING WITHIN THE CITY OF LUBBOCK.
MAKING PROVISION FOR CONDUCT OF THE ELECTION ACCORDING TO APPLICABLE
PROVISIONS OF LAW; PROVIDING FOR NOTICE OF THIS ELECTION BY
PUBLICATION OF THIS ORDINANCE; PROVIDING FOR EXECUTION OF AN
APPROPRIATE ELECTION ORDER HEREAFTER; AND OTHER PROVISIONS INCIDENT
AND RELATED TO THE PURPOSE HEREOF; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT an election be held on the 7th day of May,
1988, which date is the first authorized uniform election date that
is more than thirty (30) days after final passage of this Ordinance,
at which election the following propositions to adopt or reject
amendments to the existing Charter of the City of Lubbock shall be
submitted to the qualified voters for adoption or rejection:
PROPOSITION NO. 1
SHALL the Charter of the City of Lubbock as to the City Council
be amended as appropriate to comply with judicial decision under the
Voting Rights Act, by expanding the City Council to seven (7)
members; Mayor to be elected at large and each of six (6)
Councilmembers elected from single -member districts; providing a two
(2) year term for Mayor and staggered four (4) year terms for
Councilmembers; providing for the election of a Mayor pro tempore by
the City Council; defining a quorum as four (4) members and requiring
an affirmative vote of four (4) members to adopt or repeal ordinances
or resolutions, and providing procedures for Council voting and vote
recordation?
In the event of approval of such proposition the following
changes shall be made to the Charter of the City of Lubbock:
Chapter 1, Art. IX, §1.
Delete the current section text
and substitute therefor the fol-
lowing text, "The Municipal Gov-
ernment of the City of Lubbock
shall consist of the City
Council, which shall be composed
of a Mayor and six (6)
Councilmembers."
[slue
February 11, 1988
Chapter 1, Art. IX, §2. Delete the current section text
and substitute therefor the fol-
lowing text, "The Mayor shall
serve for a term of two (2)
years, and each Councilmember
shall serve for a term of four
(4) years, and until their
successors are elected or
qualified, unless sooner removed
from office as herein provided.
Initial terms for Councilmembers
from Districts 1, 3 and 5 shall
be two (2) years, commencing in
1984, and four (4) years
thereafter."
Chapter 1, Art. IX, §4. Delete the first sentence and
substitute therefor the following
text, " The Mayor and each Coun-
cilmember shall be a resident
citizen of the City of Lubbock
and have the qualifications of
electors therein. The Mayor and
all Councilmembers shall be bona
fide residents within the City
and within the applicable
District at the time of filing
for office and must continue to
reside within the City and the
applicable District during the
term of office."
Chapter 1, Art. IX, §5. Delete the first paragraph of the
current section and substitute
therefor the following, "The
Councilmembers other than the
Mayor shall be elected from
geographical districts and shall
be designated Councilmember,
Districts 1 through 6, each of
whom shall be elected to the
office sought by a majority of
the qualified voters of the ap-
propriate District; and the City
Council shall be the judge of the
election and qualifications of
its members. Councilmember
Districts shall contain such City
Voting Precincts as are assigned
to such Districts by Ordinance
enacted by the City Council."
Chapter 1, Art. IX, §12. Delete the current section text
and substitute therefor the fol-
lowing, "The members of the City
Council shall elect a Mayor pro
tempore from among its members
and such election shall be held
at the first regular meeting of
the City Council after newly
elected members have qualified
and taken their seats on the City
Council following a regular
municipal election. In the
100
February 11, 1988
Chapter 1, Art. IX, §15.
absence or disqualification of
the Mayor and the Mayor pro
tempore, then the position of
Mayor pro tempore shall be
occupied by the Councilmember
having the most seniority in
service on the City Council."
Delete the first paragraph of the
section and substitute therefor
the following, "Any four (4)
Councilmembers shall constitute a
quorum for the transaction of any
business, and the affirmative
vote of any four (4)
Councilmembers shall be
sufficient and necessary to adopt
or repeal any ordinance or
resolution. The vote upon pas-
sage or repeal of any ordinance
or resolution small be taken by
"Yea" and "Nay" vote, and entered
upon the journal. All members of
the Council shall vote upon every
question, ordinance or
resolution, provided that not
more than one (1) Councilmember
may be excused from voting by a
vote of the other six (6)
members, which shall be entered
upon the journal. Any
Councilmember refusing to vote
unless so excused shall be
entered on the journal as voting
in the affirmative."
PROPOSITION NO. 2
;SHALL. the Charter of the City of Lubbock as to election proce-
dures be modified as allowed or required by the Texas Election Code,
setting the dates for the regular municipal election canvass of
votes, and run-off election; requiring from all municipal candidates
a $100.00 filing fee or a petition in lieu thereof; providing the
contents of such petition; providing procedures for recall of
officials by districts; requiring conformity to State law of
petitions for initiative, referendum and recall; providing time for
canvass of votes and to declare results; and eliminating use of
initiative and referendum where an election is otherwise provided by
State law?
In the event of approval of such proposition the following
changer shall be made to the Charter of the City of Lubbock:
Chapter 1, Art. IV, §1.
Add to the first sentence of the
paragraph entitled, "Petition;
signatures; affidavit,: the words
"and, in addition, such other in-
formation as may be required by
State law, such as a printed
name, voter registration number
and date of signing." Add a new
paragraph thereto reading:
101
February 11, 1988
"Election provided by State law.
In the event that a referendum is
provided by State law upon some
matter, such as, but not limited
to, the issuance of revenue
bonds, such law shall supersede
the provisions of this Charter
pertaining to initiative and
referendum and the Charter's
provisions shall not be
effective."
Chapter 1, Art. IV, §2. Remove the second sentence in the
paragraph "Petition for recall"
and substitute therefor the fol-
lowing sentence, "Such petition
for the recall of any elective
officer or officers shall be
signed by at least thirty percent
(30%) of the qualified voters of
the officer's elective District,
to be determined by the number of
votes cast in the District at the
last regular municipal election;
at least one -tenth (1/10) of
those signing the petition shall
certify that at the election at
which the officer or officers was
or were elected, they voted for
the election of such officer or
officers proposed to be recalled.
"The district of the Mayor and
Municipal Judge, for the purpose
of this section, shall be the
City at large."
Chapter 1, Art. IV, §2. Add to the first sentence of the
paragraph entitled, "Signatures
on petitions," the words "and, in
addition, such other information
as may be required by State law,
such as a printed name, voter
registration number and date of
signing."
Chapter 1, Art. IX, §5. Delete the paragraph entitled,
"Candidates, official ballot,"
and substitute therefor the
following:
"Candidates: official ballot:
filing fee; petition. Each
candidate for City elective
office shall request in writing
to have his or her name placed
upon the official ballot, which
request shall be filed along with
the appropriate filing fee or a
Petition for Candidacy in
accordance with the State
Election Code with the person
exercising the duties of City
Secretary at least forty-five
(45) days before the upcoming
election, unless another filing
period is specified by the State
Election Code. Candidates for
Councilmember shall indicate upon
their written request in which
district they are seeking
102
February 11, 1988
Chapter 1, Art. IX, §b.
Chapter 1, Art. IX, §6A.
Chapter 1, Art. IX, §7.
election. The filing fee shall
be one hundred dollars ($100.00)
for all positions or a Petition
for Candidacy in lieu of a filing
fee which shall be signed by not
less than twenty-five (25)
qualified voters in the
applicable district or one-half
of one percent of the total vote
received in the district from
which the office is elected by
all candidates for mayor in the
most recent mayoral election
whichever is greater. The
district of the Mayor and
Municipal_ Judge, for the purpose
of this section, shall be the
City at large."
Delete the words "and in any
event within five (5) days" and
substi-tote therefor the words
"and in any event not earlier
than the second or later than the
sixth day."
Delete the words "shall be held
on the fourth Tuesday following
the preceding election" and "in
any event within five (5) days,"
and substituted for each
respective phrase "shall be held
not earlier than the 20th day or
later than the 30th day after the
date of the canvass of election
returns for the main election,
except that following the regular
municipal election in May the
run-off election shall be held on
the last Saturday in May, unless
another day is stated in the
order calling the run-off
election" and "in any event not
earlier than the second day or
later than the sixth day."
This section shall be amended to
read as follows:
"Sec. 7. Election day.
The regular municipal elec-
tion for the election of
municipal officers of the City of
Lubbock shall be held on the
first Saturday of May of every
even numbered year or in
accordance with the applicable
provisions of the State Election
Code.
PROPOSITION NO. 3
SHALL the Charter of the City of Lubbock be amended to limit
interest rates on bonds, paving assessments and public works
improvement assessments to such interest rates as are permitted by
the laws of the State of Texas?
103
February 11, 1988
In the event of approval of such proposition the following
changes shall be made to the Charter of the City of Lubbock:
Chapter 1, Art. II, §15.
Delete from Paragraph (a), Sub-
paragraph "Terms of Payment," the
words "at any rate not exceeding
eight percent (8%) per annum" and
substitute the words "at any rate
permitted by the laws of the
State of Texas."
Chapter 1, Art. II, §19. Delete the words "at the rate not
exceeding eight percent (8%) per
annum" and substitute therefor
the words "at any rate permitted
by the laws of the State of
Texas."
Chapter 1, Art. VIII, §1. Delete the words "to bear
interest not to exceed six
percent (6%) per annum, payable
annually or semi-annually."
PROPOSITION NO. 4
SMALL the Charter of the City of Lubbock be amended to increase
the compensation of the Mayor from $75.00 per month to $400.00 per
month and of Councilmembers from $25.00 per month to $200.00 per
month?
In the event of approval of such proposition the following
change shall be made to the Charter of the City of Lubbock:
Chapter 1, Art. IX, §14.
In the first sentence, change the
words "$900.00 (Nine Hundred) per
annum" to "Four Hundred Dollars
($400.00) per month" and change
the words $3OO.00 (Three Hundred)
per annum" to "Two Hundred
Dollars ($2OO.00) per month."
PROPOSITION NO. 5
SHALL the Charter of the City of Lubbock be amended to require
competitive bidding procedures for expenditures exceeding the amount
established by State law?
In the event of approval of such proposition the following
change !shall be made to the Charter of the City of Lubbock:
Chapter 1, Art. IX, §27. Delete the words "Two Thousand
Dollars ($2,OOO.00)" and at each
place substitute therefor the
words "the minimum dollar amount
requiring competitive bids by
State law."
PROPOSITION NO. 5
SHALL the Charter of the City of Lubbock be modified as to con-
form with ,judicial decisions so that notice of claims against the
City must be filed within six (6) months rather than thirty (30) days
of the time such cause of action arose?
104
February 11, 1988
In the event of approval of such proposition the following
change shall be made to the Charter of the City of Lubbock:
Chapter 1, Art. II, §8. Remove the words "within 30 days"
and substitute therefor the words
"within six (6) months."
PROPOSITION NO. 7
SHALL the Charter of the City of Lubbock be amended to provide
that the City Council may appoint members of City Boards and Commis-
sions for terms of office up to four (4) years?
In the event of approval of such proposition the following
change shall be made to the Charter of the City of Lubbock:
Chapter 1, Art. IX, §10. Add the following sentence, "The
City Council may appoint members
of City Boards and Commissions
for terms of office up to four
(4) years in length."
PROPOSITION NO. 8
SHALL the Charter of the City of Lubbock be modified as to
taxation procedures as necessitated by State law, to require taxation
and finance procedures to comply with the Texas Property Tax Code and
other applicable laws eliminating or changing reference to Assessor -
Collector of taxes, and transferring any remaining duties of the dis-
continued office to the City Manager or his designee?
In the event of approval of such proposition the following
changes shall be made to the Charter of the City of Lubbock:
Chapter 1, Art. VI.
Chapter 1, Art. VII.
Chapter 1, Art. IX, §10.
Chapter 1, Art. IX, §30.
Change all reference therein to
"Assessor and Collector of
Taxes," "Assessor and Collector"
and "City Assessor and Collector"
to "City Manager or his
designee."
Except for Section 6 and the
first paragraph of Section 7,
which shall be renumbered
respectively as Sections 1 and 2,
delete all current provisions and
add thereto a new Section 3,
reading as follows: "All
procedures pertaining to taxation
and finance shall be in
accordance with provisions of the
Texas Property Tax Code and other
applicable State law, ordinances,
resolutions and rules of the City
Council."
Remove the words "the City Tax
Collector and Assessor."
Delete the words "City Tax
Collector."
105
February 11, 1988
PROPOSITION NO. 9
SHALL the Charter of the City of Lubbock be amended to require
the Lubbock Municipal Court of Record to operate in conformance with
the State Government Code and all other applicable ordinances,
resolutions and rules; changing all references to "corporation court"
to "municipal court of record;" and increasing the current fines on
penal ordinances so as not to exceed the maximum fine permitted by
State law?
In the event of approval of such proposition the following
changes shall be made to the Charter of the City of Lubbock:
Chapter 1. (Entire Chapter).
Chapter 1, Art. II, §23.
Chapter 1, Art. III.
(Judicial).
Change all references to
"corpora-tion court" to
"municipal court of record."
Delete from the paragraph
entitled "Penal Ordinances;
penalty" the words "not to exceed
two hundred ($200.OD) Dollars"
and substitute therefor the words
"not to exceed the maximum fine
permitted by applicable State
law."
Delete all current sections and
substitute therefor the following
sentence, "The governing body of
the City of Lubbock may by ordi-
nance establish the City's exist-
ing municipal courts as municipal
courts of record, which courts of
record shall operate in conform-
ance with all applicable laws,
ordinances, resolutions and
rules."
PROPOSITION NO. 10
SHALL the Charter of the City of Lubbock be amended to correct
or eliminate minor inoperative provisions such as, allowing plats to
be filed with the City rather than the Mayor; deleting reference to
City Marsha's; deleting provisions regulating hours of labor now
regulated b;y State and Federal law, and correcting clerical errors?
In the event of approval of such proposition the following
changes shall be made to the Charter of the City of Lubbock:
Chapter 1, Art. 1, §4.
Chapter 1, Art. 11, §18.
(Franchise limitation)
Chapter 1, Art. IV, §1.
(Certificate of committee
filing with secretary)
Chapter 1, Art. IV, §2.
(Recall petitions; dis-
tribution, etc.)
Chapter 1, Art. VI, §4.
Chapter 1, Art. IX, §10.
The word "Mayor" therein shall be
changed to the words "City of
Lubbock."
Change "results" to "result."
Change "their" to "its."
Change "City Secreatary" to "City
Secretary" and "suck" to "such."
Change "their" to "its."
Remove the words "City Marshall."
106
February 11, 1988
Chapter 1, Art. IX, §29. Remove Section► 29 and renumber
current Sections 30 and 31 as
Sections 29 and 30, respectively.
PROPOSITION NO. 11
SHALL the Charter of the City of Lubbock be amended to provide
for the disqualifications of members of the City Council and the Elec-
tric Utility Board owning a substantial interest as defined by State
law in a public utility or public service corporation within the City
of Lubbock?
In the event of approval of such propositions the following
change shall be made to the Charter of the City of Lubbock:
Chapter 1, Art. IX, §4.
Delete from the second sentence
the words "nor shall either of
them be the owner in any public
service utility or public service
corporation within the City, nor
in the employ of any owner of
stock in any public utility or
public service corporation" and
substitute therefor the following
text, "nor shall any member of
the City Council or the Electric
Utility Board have a substantial
interest in any public utility
operating within the City of
Lubbock, nor be in the employ of
any person having a substantial
interest in any public utility
operating within the City of
Lubbock. Substantial interest
shall mean substantial interest
as defined by the laws of the
State of Texas regulating
conflicts of interest of officers
of municipalities."
SECTION 2. THAT said elections shall be held under the provi-
sions of and in accordance with the Charter and ordinances of the
City of Lubbock, insofar as the same may be applicable, and in
accordance with the laws of the State of Texas, and the ballots for
said election shall have printed thereon the propositions as stated
in Section 1 of this Ordinance, and such propositions shall appear
under the following information for voters:
"Make a punch hole in the space provided beside the
statement indicating the way you desire to vote."
SECTION 3. THAT notice of this election shall be published in
a newspaper of general circulation published in the community by
publication of this Ordinance in its entirety upon the same day in
each ❑f two successive weeks, with the first publication occurring
before the 14th day before the date of the election.
SECTION 4. THAT the said election shall be conducted May 7,
1988, from the hours 7:00 a.m. to 7:00 p.m. Absentee voting shall be
conducted at the City Secretary's office during normal working hours
at the Lubbock Municipal Building, 1625 13th Street.
SECTION 5. THAT an electronic voting system, as the term is
definied in the Texas Election Code, shall be utilized in connection
with this election.
107
February 11, 1988
SECTION 6. THAT polling places and election officials shall be
as is set forth in an appropriate election order to be executed here-
after by the Mayor of the City of Lubbock.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 11th day of
February, 1988.
Passed by the City Council on second reading this 25th day of
February, 1988.
s B. C. McMinn
B.C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Bob Cass
Bob Cass, Deputy City Manager
APPROVED AS TO FORM:
s Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
The Texas Election Code requires Charter
Amendment Elections to be called by Ordinance not
less than 30 days prior to the date of the
uniform election date selected for the election.
In addition, since the Charter Amendment Election
is a "special" election, it must be pre -cleared
by the U.S. Department of Justice. This requires
passage of the Ordinance on final reading in time
to submit it to the Department of Justice at
least 6D days prior to the proposed election date
(March 3, 1988). Thus, Council needs to pass the
Ordinance on second reading by its meeting on
February 25.
The final version of the Ordinance contains
suggested wording changes in the proposed
proposition wording. At the last City Council
Work Session, some members of the Council
expressed some concern that the wording of the
propositions as originally proposed would be too
unclear to the voting public. In response to
those concerns, the City Attorney's Staff and
Public Information Office attempted to redraft
some of the language. The changes were made in
an effort make the actual ballot as clear and
concise as possible but to also stay within the
legal constraints necessary for Charter Amendment
Propositions.
Staff recommended approval of this item.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson passing on first reading
Ordinance #9175 and stipulating that a Special
Study Committee promote passage of these
Amendments. Motion carried: 5 Yeas; 0 Nays.
February 11, 1988
88-47A-108-96
(29.) Consider placing proposed revision to the Council
Rules Order of Business and Procedures Manual on
a subsequent Council agenda.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to continue this item
until a future agenda and instructed Staff make
further study and recommendations previous to
placing the item on an agenda. Motion carried:
5 Yeas; 0 Nays.
88-47A-108-97
(30.) BID #f9593--Re airs to Holly Avenue Station and
authorize same (Electric Production).
RESOLUTION #2749
RESOLUTION #2749
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 by and between the City of Lubbock and Young
Insulation Group of Amarillo for repairs to Holly Avenue Power
Station, attached herewith, which shall be spread upon the minutes of
the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein
in detail.
Passed by the City Council this 11th day of February, 1988.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
Is1 Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Is Gene Eads
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
Is1 Harold Willard
Harold Willard, Assistant City
Attorney
Young Insulation Group of Amarillo
Motion was made by Councilman Patterson, seconded
by Councilman Nash authorizing Resolution #2749.
Motion carried: 5 Yeas; 0 Nays.
88-47A-1.08-98
(31.) BID #9621--Eddy current testing, ten chillers
and authorize same (_Building Services).
RESOLUTION #2750
109
February 11, 1988
RESOLUTION #2750
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 by and between the City of Lubbock and Anthony
Mechanical Services, Inc. for Eddy Current Testing, Ten Chillers,
attached herewith, which shall be spread upon the minutes of the
Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein
in detail.
Passed by the City Council this llth day of February, 1988.
B. C. McMINN, MAYOR
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Is1 Gene Eads
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
Is1 Harold Willard
Harold Willard, Assistant City
Attorney
Anthony Mechanical Services, Inc.
Motion was made by Councilman Patterson, seconded
by Councilman Nash to authorize Resolution #2750.
Motion carried: 5 Yeas; 0 Nays.
88-47A--109-99
(32.) BID #9589--Miscellaneous Water Lab items Water
Treatment Laboratory).
Cole-Parmer Instrument Co., Chicago, IL--1
laboratory dispenser.
Fisher Scientific Co., Plano--1 top loading
balance; 1 laboratory vacuum system; 1 total
Kjeldahl nitrogen system; 1 spectrophotometer.
Motion was made by Councilman Patterson, seconded
by Councilman Nash to authorize low bids meeting
specifications. Motion carried: 5 Yeas; O Nays.
88-47A--109-100
(33.) BID #9545--Transformer reclassification and
disposal, and authorize same (Electric
Distribution).
RESOLUTION #2751
110
February 11, 1988
RESOLUTION #2751
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 by and between the City of Lubbock and
Westinghouse Electric Corporation for Transformer Reclassification
and Disposal, attached herewith, which shall be spread upon the
minutes of the Council and as spread upon the minutes of this Council
shall constitute and be a part of this Resolution as if fully copied
herein in detail.
Passed by the City Council this 11th day of February, 1988.
B. C. McMINN, MAYOR
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Gene Eads
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
/s Harold Willard
Harold Willard, Assistant City
Attorney
Westinghouse Electric Corp., Dallas
Motion was made by Councilman Patterson, seconded
by Councilman Nash to authorize Resolution #2751.
Motion carried: 5 Yeas; 0 Nays.
88-47A-110-101
(11.} Hold a Public Hearing to consider the request of
Texland Petroleum for an Oil and Gas Drilling
Permit for a tract located approximately 369'
south of the centerline of Loa289 1 980' west
of North Guava and 1 930' north of East Erskine.
Designation of well is Texland-Lif-Lubheirs #3.
88-47A 110-102
(12.) Consider approval of an Oil and Gas Drilling
Permit for Texiand-Lif-Lubheirs #3.
Dub Bratcher appeared to speak in favor of this
request on behalf of Texiand Petroleum.
Assistant City Manager Jim Bertram stated that on
January 11, 1988, Staff received an application
for a Permit to drill this well and the
application is substantially in order. The City
III
February 11, 1988
of Lubbock has ❑ne-half interest to the mineral
rights within the production unit and is the
surface owner. The storage site is proposed in
conjunction with the well site.
The production unit is unitized, contains 40
acres, and has a maximum diagonal of less than
3,000'. Texland proposes earth sludge pits and
no landscaping at the well and storage site. The
blow-out protector has a minimum rating of 3,000
psi. Disposal of waste materials is proposed at
a Railroad Commission approved dump outside
Lubbock County. Access to the drill and storage
site is proposed from Loop 289 on private
property.
SHORT TERM IMPACTS: A minimum of impact is
expected for the short term since the area south
of Loop 289 is uninhabited and current use is
agricultural. The well and storage site is
approximately 3,080' north and more than 2,000'
west of existing residential.
POTENTIAL LONG TERM IMPACTS: The land area
surrounding and including this Lease is
designated open space ❑n the 1986 Comprehensive
Land Use Plan. Since little additional
development is projected in the immediate area,
and the property is owned by the City of Lubbock,
few long term negative impacts are anticipated.
RECOMMENDED PERMIT CONDITIONS:
1. No hydrocarbon lubricant (waste
oil) shall be used to free -up the
hole during drilling until after
the first series of surface casing
has been set to 350' or greater.
2. The permittee shall require that a
first series of casing be set when
drilling reaches a depth of 350'
to 400'. The permittee shall
notify the Lubbock office of the
Texas Railroad Commission for the
intended dates for casing the
well.
3. The first, and if used, the second
series of casing shall be in
substantial compliance with
applicable portions of Rule 13 of
the Texas Railroad Commission.
4. The permittee shall meet all other
conditions of Section 14, Article
VI of the Lubbock Code and those
specifications indicated within
the application of Texas for
Texland-Lif-Lubheirs #3.
There was no opposition to this request.
Mayor Pro Tem Baker closed the Public
Hearing.
112
February 11, 1988
Councilman Nash
Appointments and
regular meeting.
88-47A-112-103
(34.)
88-47A-112-104
(35.)
88-47A-112-105
(36.)
88-47A-112-106
(37.)
88-47A-112-107
(38.)
Motion was made by Councilman Nash, seconded
by Councilman Carpenter approving Oil and
Gas Drilling Permit for Texiand-Lif-Lubheirs
#3 on recommendation of Staff subject to
conditions stated above. Motion carried: 5
Yeas; 0 Nays.
left during the work session discussion on Board
did not return before adjournment of the
Consider one aDDoin
Commission to replace Amanda �)p1Kes. mer
expires on July 13 1990.
ffic
Motion was made by Councilwoman Trejo, seconded
by Councilman Patterson appointing Elroy Carson
to fill the unexpired term of Amanda Spikes (term
expires July 13, 1990) on the Citizens Traffic
Commission. Motion carried: 4 Yeas; 0 Nays --
Councilman Nash absent from the Chambers.
Consider one appointment to the Board of Health.
The term of Dr. Ronald Philli s ex ires on
February 21, 1988.
Motion was made by Councilwoman Trejo, seconded
by Councilman Patterson ) appoint Dr. Jack Rudd
to replace Dr. Ronald Phillips on the Board of
Health. Motion carried: 4 Yeas; 0 Nays --
Councilman Nash absent from the Chambers.
Consider one appointment to the Human Relations
Commission to replace Yolanda Jimenez who has
resigned. Her term expires May 25 1989.
Motion was made by Councilwoman Trejo, seconded
by Councilman Carpenter appointing Beatrice
Narvaiz to fill unexpired term of Yolanda Jimenez
(term expires May 28, 1989 on the Human Relations
Commission. Motion carried: 4 Yeas; 0 Nays --
Councilman Nash absent from the Chambers.
Consider one appointment to the Central Business
District Steering Committee to replace Joe Price,
who has resigned (Chambers of Commerce
representative).
Motion was made by Councilwoman Trejo, seconded
by Councilman Patterson appointing Jake Webb to
replace Joe Price on the Central Business
District Steering Committee. Motion carried: 4
Yeas; 0 Nays --Councilman Nash absent from the
Chambers.
Consider two appointments to the Lubbock Board of
City Development. The terms of Dr. Mason
Somerville and Marjorie Kastman expired December_
13, 1987.
February 11, 1988
Motion was made by Councilwoman Trejo, seconded
by Councilman Carpenter to appoint John Malouf to
replace Dr. Mason Sommerville and to hold the
appointment of the other position until the
February 25, 1988 Council meeting. Motion
carried: 4 Yeas; 0 Nays --Councilman Nash absent
from the Chambers.
There being no further business to come before Council, Mayor Pro Tem
Baker adjourned the meeting at 11:00 a.m.
r �
B C. McMI , MAYOR
ATTEST:
Rane to Boyd, City Secretary
READ AND APPROVED THIS ai;41 DAY OF FEBRUARY, 1988.
B. C. McMI N, MAYOR
ATTEST:
Rane a Boyd, City Secretary
TfIE STATE OF TEXAS R-114
COUNTY OF LUBBOCK
Before me France& Hernandez a Not.ary Public in and for Lubbock Countv, Texas on this day
personally appeared TWI t a Auf i # f s Account_ Manager of the Southwestern Newspa-
pers Corporation, publishers of the Lubbock Avalanche -,Journal — Morning, Evening and Sunday. who
being by me duly sworn did depose and say that said newspaper has been published continuously for more
than fifty-two weeks prior to the first insertion of this — Legal Notice
No 8258105 at Lubbock County. Texas and the attached print-
ed copy of the is a true copy of the original and was printed in the Lubbock
Avalanche-.Iournal on the following dates: January 259 1988
— 101 Words 0 .44 = $$4a44
Account manager
LUBBOCK AVALANCHE -,JOURNAL
Southwestern 'Newspapers Corporation
Subscribed and sworn to before me this 25th day of
FORM 58-10
r Nbrics
NOTICE Is hereby given that a
public pearl" Will be held an Feb -
nary 11, 19e9 in She City Council
Chambers at 16Z Mh Street. Lub•
beck, Texas, at 9:30 a.m. to Consid-
er the appiicalion of Texland Pe•
troleum for an Oil and Gas Ori Ming
Permif localed:
In Section S, 8fock A, Lubbock
County. Texas, the well loco
J an u r y
"on is proposed approximately
1930 feet north and 19u10 feet
-
west of the southeast Corner.
The well site Is south of Loop
209 and west of North Guava
Wl'Lli'
Avenue. Storage Is proposed at
the well site.
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n,onal nflmn align, con.
ticfRaddyHenso6li411, Ex.
tension 2103.
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THE STATE OF TEXAS
�l15t1h( w
COUNTY OF LUBBOCK
5'�IWISlniibl
Before me-s--r�� uo -„ ; v��
rp}4519
a Notary Public in and far Lubbock Cou
personally appeared IS J. Aufi I I *
ACcaiint Manaisar
la,ema Llano del
of the 'i n 5"rdeCristo
pers Corporation, publishers of the Lubbock
Avalanche -Journal
—
Morning. Even} °"'O�i�`°a�
�11i
being by me duly sworn did depose and say
that said newspaper has
been � ppublished 51257j$It71)Sell
'9i�SoInd
than fifty-two weeks rior to the first insertion of this —
p
Legal
Notice �"dyLvAaJjA
641 Iefa I74} i
No. 82614b at Lubbock
Ig4.1647
County. Texas ai
ed coy of the I e fa l Notice
1}
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is a true copy
thoriginal and was 1°`a6ppp1e
p� 7a °Ib1ipbbol Quaker
Avalanche -Journal on the following dates:
April
24,
1988 W&"
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7/15�34N766*1011 Bill F�Sner '
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LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
Primaria Reese 1
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jet War AVernial 1
Subscribed and sworn to before me this -----iirV4yv
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