HomeMy WebLinkAboutMinutes - City Council - Regular - 4/28/1988r�i
REGULAR CITY COUNCIL MEETING
APRIL 28, 1988
9:00 A.M.
The City Council of the City of Lubbock, Texas met in regular session
on the 28th day ❑f April, 1988 in the City Council Chambers, first
floor, City Hall, 1625 13th Street, Lubbock, Texas at 9:00 a.m.
Present: Mayor B. C. McMinn, Mayor Pro Tem Joan Baker, Councilman T.
J. Patterson, Councilman Gary Phillips, Councilman Bob Nash,
Councilman George Carpenter, Councilwoman Maggie Tre.jo, City Manager
Larry J. Cunningham, City Attorney John C. Ross, Jr., and City
Secretary Ranette Boyd.
Mayor McMinn called the meeting to order at 9:00 a.m.
{ 1.] The Invocation was given by Councilman T. J.
Patterson.
{ 2.) The Pledge of Allegiance was given in unison by
those in the Council Chambers.
88--47A-283-260
( 3A. )
88-47A-283-261
Motion was made by Councilman Patterson, seconded
by Councilman Nash to approve the Minutes of the
April 14, 1988 City Council meeting as written.
Motion carried: 7 Yeas; 0 Nays.
Citizen Appearances
Board Appointments
As part of the annual budget process, the City of
Lubbock submits the adopted budget to the
Government finance Officers Association for
review and critique. Based an this review, the
City has received for the fifth year in a row the
award for Distinguished Budget Presentation.
Since 1984, only 300 governmental entities have
received the Distinguished Budget Presentation
Award nationwide.
Fred Werner, President-elect of the Government
Finance Officers Association of Texas and
Director of Finance for the City of Wichita
Falls, presented the award to the Budget and
Research Staff.
ORDINANCE #9113--Abandoning and closing a portion
of a Storm Water Storage and Drainage Easement
located in Section 14, Block E-2.
ORDINANCE #9113
April 28, 1988
ORDINANCE #9113
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A STORM WATER
STORAGE AND DRAINAGE EASEMENT LOCATED IN SECTION 14, BLOCK E-2,
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 ABANDONMENT AND CLOSING;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
This Ordinance was read for the first time August
27, 1987, and since its first reading, a Cut -and -
Fill Plan was implemented and 1.899 acres of dirt
had to be moved. This Plan was certified as to
City specifications and the plat is ready to be
filed with all utilities in agreement. The area
of this Easement being closed on second reading
is slightly larger than the area being closed on
first reading, due to compaction and drainage
easement requirements and the new area being
abandoned is 1.937 acres or 0.038 acre more.
Staff recommend approval.
Motion was made by Councilman Nash, seconded by
Councilman Patterson to pass on second and final
reading Drdinance #9113. Motion carried: 7
Yeas; 0 Nays.
88-47A-284-262
( 6.) ORDINANCE #9193--Abandoning and closing two
Transformer Pad Easements and a portion of an
Underground Utility Easement located in the
Rushland Park Addition.
ORDINANCE #9193
ORDINANCE #9193
AN ORDINANCE ABANDONING AND CLOSING TWO TRANSFORMER PAD
EASEMENTS AND A PORTION OF AN UNDERGROUND UTILITY EASEMENT LOCATED IN
RUSHLAND PARK ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS,
EACH OF WHICH IS 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 CLDSING;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
This Ordinance was read for the first time on
April 14, 1988, with no problems and the final
plat has been turned in with all utilities in
agreement.
Motion was made by Councilman Nash, seconded by
Councilman Patterson to pass on second and final
reading Ordinance #9193. Motion carried: 7
Yeas; 0 Nays.
r Uaa
285
ll�]ld#
TFIF STATE OF TEXAS R-1;i4
COUNTY 0FFY R�JSK H e rn an de z
Before me +�i�1rt I'��'�d For Lubbock County. Texas on this day
Personally appeared of the Southwestern Newspa-
pers [Corporation. putilishers of the Lubbock Avalanche -Journal — Morning. Evening and Sunday. who
heing by me duly sworn did depose and s a v that said newspaper Lassgbefn gua� i�Ce continuously for more
than fifty-two weeks prior to the First infrA99 f this LY—
L e9a M 1 U JNo. at Lubbock County. 'Texas and the attached print-
ed copy of the is a irWep(pil o58if c �al andl 5aprinted in the Lubbock
Avalanche-JQKLPaIW15 �4ftfc.#oAi8gdiae;b36
AccountManager ate"�°U�r.� FRANCES 'HERT'•:ANDF7
i rf Platary ,'. '
LUBBOCK AVALANCHE -JOURNAL � v k�� _� My La : 91
k�
Southwestern Newspapers Corporation
Subscribed and sworn to before me this 13thday of May fore
FORM 58.10
88-47A-285-263
(11,.)
It.
RESOLUTION #2810
RESOLUTION 42810
RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS ANO
AVENUES AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions
of City Ordinance 1331, the subdivider of High Plains Addition,
Tracts A and A-1 through A-4 made arrangements with Williams and
Peters Construction Co., Inc., for the construction of paving
improvements on certain streets dedicated in said subdivision under
the provisions of said Ordinance prior to the recording of the
subdivision plat of the above -mentioned addition including the
following streets:
West half of University Avenue from 30 feet south of the
south ROW line of 82nd Street to 15 feet south of the
south ROW line of 86th Street known and designated as New
Subdivision Sub -Unit Number 95 of Unit Number 2032.
South half of 82nd Street from the east end of the alley
return south of Elgin Avenue on the south side of 82nd
Street to the west lip line of University Avenue south of
82nd Street known and designated as New Subdivision Sub -
Unit Number 96 of Unit Number 2032.
April 28, 1988
285
ORDINANCE 09113
AN ORDINANCE ABANDON•
INO, AND CLOSING PORTIONS
TIIF: STATE OF T1i;xA5 R-194
OF ASTORM WATER STORAGE
AND DRAINAGE EASEMENT
rr����R}E�
COUNTY ❑I~` k
FYSTIC Q He rn$n deI
LOCATED IN SECTION 11,
BLOCK E•x LUBBOCK LouNFr.
I11Lh} gad for Lubbock C C7u
Before meRB�� g r
TE%As, AND MORE PARTICU-
LARLY vESLRIBEO IN THE
per5onally appeared of the
BODY OF THIS ORDINANCE: DI-
RECTING THE CITY ENGINEER
pers Corporation. publishers of the Lubbock Avalanche-•lourrial — Morning. Event
TO MARK THE OFFICIAL MAPS
OF THE CITY OF LUBBOCK TO
being by me duly sworn did depose and say that said newspaper r}hy'as been u li bed c
Y Y `e ga r �a cq
L f
REFLECT SAID ABANDON-
MENT AND CLOSING; PROVIO-
than flft,v-two weeks prior to the first inff9 pelf this —
i r
ING A SAVINGS R USE; AND
PROVSDING FOR PVBtICA-
�I co. at Lubbock Counitv. a
TION,
`T�Iexas
ed copy of the is a t,,Wpelpnli o58i; 4Way'nu�13Ld.S.A
i 1�J�Q
ORDINANCE #9193
Avalanche-.JiKLalWtl �t#,Sfe#oviiggd&te�3b ' +•► l 1 V 11Q
ING AND CLOSING TWO TRAN ORDINANCE ANS
FORMER PAD EASEMENTS
AND A PORTION OF AN UNDER -
'
EASEMENT
LOCOATEDUNDIINILITY RUSH AND PARK
ADDITION TO THE CITY OF
LUBBOCK. LUBBOCK COUNTY,
TEXAS. EACH OF WHICH IS
TEXAS,
MORE PARTICULARLY OE
���—�■ ,zt
co un Manager a`�
SCRIBED HEREINAFTER IN
THIS ORDINANCE; DIRECTING
�
THE CITY ENGINEER TO MARK
T-
�
THE OFFICIAL MARS OF THE
CITY of LUBBOCKND TO RE-
LUBBOCK AVALANCHE -JOURNAL.,
LUBBOCK
�
5AID ABANDONMENT
Southwestern Newspapers Corporation �
AND CLOSING; PROVIDING A
SAVINGS CLAUSE; AND PRO-
VIDING FOR PUBLICATION.
Subscribed and sworn to before me this 13thday of
FORM 58.10
May
'g 88 ORDINANCE #91"
AN ORDINANCE AUTHORIZ-
ING THE ISSUANCE OF "CITY
OF LUBBOCK, TEXAS, GENER-
AL OBLIGATION BONDS. SE-
RIES 1980": SPECIFYING THE
TERMS AND FEATURES OF
SAID BONDS; LEVYING A COW
TINUING DIRECT ANNUAL AD
VALOREM TAX FOR THE PAY-
MENT OF SAID BONDS; ANO
RESOLVING OTHER MATTERS
INCIDENT AND RELATED TO
THE ISSUANCE. SALE, PAY-
MENT AND DELIVERY OF SAID
EI BONDS. INCLUDING THE AP -
PR OV AL ANO DISTRIBUTION
f OF AN OFFICIAL STATEMENT
PERTAINING THERETO; AND
j PROVIDING AN EFFECTIVE
DATE.
1 ORDINANCE I9M0
$8- 47A- 285 - 263 AN ORDINANCE AUTH?RIZ-
ING THE ISSUANCe OF "CITY
Consider Resolution #2810 acce ti OF TLUBB(ION K. TEXAS. tv GOLF
1'' NA71pH TAX AND GOLF
im rovements constructed b Wi l l i COURSE REVENUE CERTIFI-
CATE5 OF OBLIGATION, SE -
Construction Company, Inc. in Hi RALIEBOREM 1E%'" LEVYING TA%UPON ALL L TA%AID -
V-
Addition, Tract "A" and Tracts II ABLE PROPERTY IN THE CITY
AND PLEDGING THE NET REV-
41I ENU£5 DERIVED FROM THE
OPERATION AND OWNERSHIP
OF THE GOLF COURSE FACILI
TIES FOR THE PAYMENT OF
SAID CERTIFICATES: SPECIFY
RESOLUTION #2810 •
ING THE TERMS AND FEA-
RESOLUTION #2810 TURFS OF SUCH CERTIFI-
CATES AND R E SOLV I NG 07 H E R
MATTERS INCIDENT AND RE-
LATED TO THE ISSUANCE,
RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS 0 SALE, SECU R ITVPAYMENT
AND DELIVERY OF SAID CER-
AVENUES AS LISTED BELOW TIFICATE$, INCLUDING THE
APPROVAL AND DISTRIBUTION
OF AN OFFICIAL STATEMENT
RELAYING THERETO: AND
WHEREAS, in conformance with the paving requi rei DATE.IQIHG AN EFFECTIVE
of City Ordinance 1331, the subdivider of High Plains ORDINANCE*VMI
Tracts A and A-1 through A-4 made arrangements with W ANORDINANCEAUTHORII-
Peters Construction Co., Inc., for the construction o,ING THE ISSUANCE OF
i17,00000 "CITY OF LUBBOCK.
improvements on certain streets dedicated in said subl TEXAS, ELECTRIC LIGHT AND
POWER SYSTEM REVENUE
the provisions of said Ordinance prior to the recordi 1 BON vs, SERIES 198E"; PRE-
SCRIBING THE FORMS, TERMS,
subdivision plat of the above -mentioned addition i ncl AN DPROVISIONSPLEDGING OF SAID
NET
following streets: REVENUES OF THE CITY'S.
ELECTRIC LIGHT AND POWER
SYSTEM TO THE PAYMENT OF
West half of University Avenue from 30 feet soul THE PRINCIPAL OF AND IN-
West
TEREST ON SAID BONDS: EN•
DENT
south ROW line of 82nd Street to 15 feet south ACTINGPROVISIONSTHE 4SSU-
AND RELATED TO THE ISSU-
south ROW line of 86th Street known and designa SALE PAYMENT. SECURITY,
SALE AND DELIVERY OF SAID1IOND�
AP -
Subdivision Sub -Unit Number 95 of Unit Number 2 PROV kAND DISTRIBUTION
G THE ION
PROVAL AND DISTRIBUTION
OF AN OFFICIAL STATEMENT
PERTAINING THERETO, AND
PROVIDING AN EFFECTIVE
South half of 82nd Street from the east end of DATE,
return south of Elgin Avenue on the south side R•�--—� --
Street to the west lip line of University Avenue south of
82nd Street known and designated as New Subdivision Sub -
Unit Number 96 of Unit Number 2032.
April 28, 1988
Boston Boulevard from the south lip line of 82nd Street
to 150 feet south of the south end of radius on 86th
Street known and designated as New Subdivision Sub -Unit
Number 97 of Unit Number 2032.
86th Street from the east lip line of Boston Boulevard to
the west lip line of University Avenue known and
designated as New Subdivision Sub -Unit Number 98 of Unit
Number 2032.
WHEREAS, the construction of the above improvements on the
above -mentioned streets was performed under the supervision of the
City Engineer and Hugo Reed & Associates, Inc., and said improvements
have been completed and have been inspected and found to have been
constructed in accordance with City specifications and in accordance
with the provisions of City Ordinance 1331; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements on said portions of the
above -mentioned streets BE and the same are hereby accepted and the
City Engineer BE and he is hereby authorized to notify the Developer
of Acceptance by the City Council.
SECTION 2. THAT this Resolution shall take effect and be in
forge from and after its passage.
Passed by the City Council this 2Bth day of April, 1988.
ATTEST:
ZsL Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
LsL Larry V. Hoffman
Larry V. Hoffman, Director of
Transportation
APPROVED AS TO FORM:
/s/ J. Worth Full inuim
J. Worth Fullingim, Assistant City
Attorney
88-47A-286-264
(12.)
Is1 B. C. McMinn
B. C. McMINN, MAYOR
Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo to authorize Resolution
#2810 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
RESOLUTION #2811
287
April 28, 1988
RESOLUTION #2811
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality
located in Lubbock County, Texas, has determined and does hereby
determine that the public needs, safety and welfare demand and create
a public necessity for the acquisition of additional land for
municipal public uses and purposes, to -wit: for the widening of Quirt
Avenue, and this City Council of said City finds it in the public
interest and for public purposes and municipal purposes to proceed
with the acquisition of lands as needed for such purposes as
aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title to the following
described tract of land located in Lubbock County, Texas, be acquired
for public purposes and municipal purposes as set forth in the
preamble hereof, to -wit:
DESCRIPTION of the proposed right-of-way for Quirt Avenue, out
of Section 1, Block "E", Lubbock County, Texas, and being more
particularly described as follows:
BEGINNING at a 40d nail, set in the East line of Section 1, for
the Southeast and beginning corner of this tract, whence the
Southeast corner of Section 1 bears South 02°22'24" West, a
distance of 37.81 feet;
THENCE N. 87035'26" West a distance of 30.00 feet to a 1/2"
iron rod, set for the Southwest corner of this tract;
THENCE N. 02022'24" East, a distance of 2432.49 feet to a 1/2"
iron rod, set for a corner of this tract;
THENCE N. 03051'34" East, a distance of 165.71 feet to a 1/2"
iron rod, set for the Northwest corner of this tract;
THENCE S. 87038'36" East, a distance of 25.70 feet to a 1/2"
iron rod, set for the Northeast corner of this tract;
THENCE S. 02°22'24" West, along the East line of Section 1, a
distance of 2598.17 feet to the POINT OF BEGINNING.
SECTION 2. THAT the owners of said tract, including Santa Fe
Land Improvement Company, a California corporation, BE offered
through the Right -of -Way Department of the City of Lubbock the amount
of $23,171.00, which is the amount appraised as the value and total
damages for the fee simple title and acquisition of said real estate
hereinabove described, for the use and benefit of the City of
Lubbock, Texas, for the purposes herein stated, and unless accepted
forthwith, the City Attorney of said City of Lubbock is hereby
authorized and instructed to institute condemnation (eminent domain)
proceedings to acquire the fee simple title to said land as
hereinabove described for public purposes and municipal purposes.
April 28, 1988
Passed by the City Council this 28th day of April, 1988.
ATTEST:
/s1 Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Zsl Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
Is1 Harold Willard
Harold Willard, Assistant City
Attorney
B8-447A-288-255
(13.)
jsj B. C._McMinn
B. C. MCMINN, MAYOR
This tract of land, which is owned by Santa Fe
Pacific Realty Corporation, is located along the
west side of Quirt Avenue between East 58th
Street and East 66th Street and is needed for the
widening of Quirt Avenue from East 50th Street to
South Loop 289. The area being taken is 77,536.8
square feet or 1.78 acres. The appraiser of this
property was Jimmy Goddard, who appraised it at
$0.30 per square foot for a total of $23,171, 500
square feet of this taking being valued at $0.15
per square foot, since it is encumbered by a
Santa Fe Railroad track. Staff recommended
approval.
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker to authorize Resolution
#2811 as recommended by Staff. Motion carried:
7 Yeas; O Nays.
RESOLUTION #2812
RESOLUTION #2812
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality
located in Lubbock County,Texas, has determined and does hereby
determine that the public needs, safety and welfare demand and create
a public necessity for the acquisition of additional land for
muniicipal public uses and purposes, to -wit: for the widening of
Quirt Avenue, and the City Council of said City finds it in the
public interest and for public purposes and municipal purposes to
proceed with the acquisition of lands as needed for such purposes as
aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title to the following
described tract of land located in Lubbock County, Texas, be acquired
for public purposes and municipal purposes as set forth in the
preamble hereof, to -wit:
April 28, 1988 289
DESCRIPTION of the proposed right-of-way for Quirt Avenue, out
of Section 23, Block "E", Lubbock County, Texas, and being more
particularly described as follows:
BEGINNING at a 40d nail, set for the Northwest and beginning
corner of this tract, whence the Northeast corner of Section 1,
Block "E" bears North 871,37'36" West, a distance of 60.00 feet
and North 02 22'24" East, a distance of 1297.00 feet;
THENCE South 87037136" East, a distance of 30.00 feet to a 1/2"
iron rod, set for the Northeast corner of this tract;
THENCE South 02122'24" West, a distance of 357.58 feet to a
1/2" iron rod, set for a corner of this tract;
THENCE South 030 51'34" West, a distance of 284.51 feet to a
1/2" iron rod, set for the Southeast corner of this tract;
THENCE North 87037136" West, a distance of 22.62 feet to a 1/2"
iron rod, set for the Southwest corner of this tract;
THENCE North 02°22'24" East, a distance of 642.00 feet to the
POINT OF BEGINNING.
SECTION 2. THAT the owners of said tract, including Lubbock
Independent School District, BE offered through the Right -of -Way
Department of the City of Lubbock the amount of $21,769.00, which is
the amount appraised as the value and total damages for the fee
simple title and acquisition of said real estate hereinabove
described, for the use and benefit of the City of Lubbock, Texas, for
the purposes herein stated, and unless accepted forthwith, the City
Attorney of said City of Lubbock is hereby authorized and instructed
to institute condemnation (eminent domain) proceedings to acquire the
fee simple title to said land as hereinabove described for public
purposes and municipal purposes.
Passed by the City Council this 28th day of April, 1988.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTIEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucv
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
LSL Harold Willard
Harold Willard, Assistant City
Attorney
This tract of land, which is owned by the Lubbock
Independent School District, is located along the
east side of Quirt Avenue between East 54th and
East 56th Streets. Quirt Avenue is to be widened
to a 90' thoroughfare and the area being taken is
18,211 square feet or 0.42 acre. Jimmy Goddard
appraised this property at $0.32 per square foot
for a total of $5,828 for the land. Damages were
appraised as follows:
290
April 28, 1988
88-47A-290-266
(14.)
Value for asphalt taken $ 9,144
on Fee Simple tract
Value for asphalt taken 4,531
on damaged strip
Value for damaged strip of 2.266
property used for parking
Total Offer to L.I.S.D.* 21 769
*Includes $5,828 for the land.
Staff recommended approval.
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker to authorize Resolution
#2812 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
RESOLUTION #2813
RESOLUTION #2813
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality
located in Lubbock County, Texas, has determined and does hereby
determine that the public needs, safety and welfare demand and create
a public necessity for the acquisition of additional land for
municipal public uses and purposes, to -wit: for the widening of Quirt
Avenue, and the City Council of said City finds it in the public
interest and for public purposes and municipal purposes to proceed
with the acquisition of lands as needed for such purposes as
aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title to the following
described tracts of land located in Lubbock County, Texas, be
acquired for public purposes and municipal purposes as set forth in
the preamble hereof, to -wit:
TRACT 1
DESCRIPTION of the proposed right-of-way for Quirt
Avenue, out of Section 23, Block "E", Lubbock County,
Texas, and being more particularly described as follows:
BEGINNING at a 40d nail, set for the Northwest and
beginning corner of this tract, whence the Northeast
corner of Section 1, Block "E" bears North 87°41'26"
West, 60.00 feet and North 02022'24" East, 2610.34 feet;
THENCE South 87°41'26" East, 5.20 feet to a 1/2" iron
rod, set for the Northeast corner of this tract;
THENCE South 03051'34" West, 32.01 feet to a 1/2" iron
rod, set for the Southeast corner of this tract;
THENCE North 87°41'26" West, 4.37 feet to a 40d nail, set
for the Southwest corner of this tract;
THENCE North 02*22124" East, 32.00 feet to the POINT OF
BEGINNING.
April 28, 1988 291
TRACT 2
DESCRIPTION of the proposed right-of-way for Quirt
Avenue, out of Section 23, Block "E" Lubbock County,
Texas, and being more particularly described as follows:
BEGINNING at a 40d nail, set for the Northwest and
beginning corner of this tract, whence the Southeast
corner of Section 1, Block "E" bears North 88°00'39"
West, 60.00 feet and South 02°22'24" West, 2609.20 feet;
THENCE South 88*00139" East, 3.65 feet to a 1/2" iron
rod, set for the Northeast corner of this tract;
THENCE South 03*51134" West, 140.52 feet to a 1/2" iron
rod, set for the most Southerly corner of this tract;
THENCE North 02°22'24" East, 140.45 feet to the POINT OF
BEGINNING.
TRACT 3
DESCRIPTION of the proposed right-of-way for Quirt Avenue
out of Section 1, Block "E", Lubbock County, Texas, and
being more particularly described as follows:
BEGINNING at a 40d nail, set in the East line of Section
1, for the Northeast and beginning corner of this tract,
whence the Northeast corner of Section 1, bears North
02°22'24" East, 2253.66 feet;
THENCE South 02022'24" West, along the East line of
Section 1, 20.51 feet to a 40d nail, set for the
Southeast corner of this tract;
THENCE Northwesterly, along the arc of a curve to the
right, an arc distance of 16.47 feet to a set 1/2" iron
rod, said curve has a radius of 393.06 feet, a central
angle of 02024'05", and a chord that bears North
73056'18" West, 16.47 feet;
THENCE North 03951'34" East, 20.59 feet to a 1/2" iron
rod, set for the Northwest corner of this tract;
THENCE Southeasterly, along the arc of a curve to the
left, an arc distance of 15.97 feet to the POINT OF
BEGINNING, said curve has a radius of 373.06 feet, a
central angle of 02°27'12", and a chord that bears South
73°13'53" East, 15.97 feet.
TRACT 4
DESCRIPTION of the proposed right-of-way for Quirt
Avenue, out of Section 1, Block E, Lubbock County, Texas,
and being more particularly described as follows:
BEGINNING at a 40d nail, set in the East line of Section
1, for the Northeast and beginning corner of this tract,
whence the Northeast corner of Section 1 bears North
02°22'24" East, 2507.66 feet;
THENCE South 02°22'24" West, along the East line of
Section 1, 136.36 feet to a 40d nail, set for the
Southeast corner of this tract;
THENCE North B7°38'42" West, 25.70 feet to a 1/2" iron
rod, set for the Southwest corner of this tract;
THENCE North 03651'34" East, 136.46 feet to a 1/2" iron
rod, set for the Northwest corner of this tract;
292
92 April 28, I988
THENCE South 87°29'34" East, 22.16 feet to the POINT OF
BEGINNING.
SECTION 2. THAT the owners of said tracts, including
Burlington Northern Railroad Company, a Delaware Corporation, BE
offered through the Right -of -Way Department of the City of Lubbock
the amount of $I,436.00, which is the amount appraised as the value
and total damages for the fee simple title and acquisition of said
real estate hereinabove described, for the use and benefit of the
City of Lubbock, Texas, for the purposes herein stated, and unless
accepted forthwith, the City Attorney of said City of Lubbock is
hereby authorized and instructed to institute condemnation (eminent
domain) proceedings to acquire the fee simple title to said land as
hereinabove described for public purposes and municipal purposes.
Passed by the City Council this 28th day of AUji, 1988.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
IsZ' Ranette Boyd
Raniette Boyd, City Secretary
APPROVED AS TO CONTENT:
ZsZ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
ZsZ Harold Willard
Harold Willard, Assistant City
Attorney
These four tracts of land lie in the 5700 and
5800 Blocks of Quirt Avenue. The owner of these
four tracts is the Burlington Northern Railroad
Company. Tract 1 contains 154.00 square feet and
was valued by Appraiser Jimmy Goddard, at $0.I5
per square foot for a total of $23. This was
valued at $0.15 since it was considered an
Easement with Burlington track running across it.
Tract 2 contains 256 square feet and was valued
at $0.30 per square foot for a total of $77.
Tract 3 contains 324.54 square feet and was
valued at $0.40 per square foot, for a total of
$130. Tract 4 contains 3,264.50 square feet and
was valued at $0.40 per square foot for a total
of $1,206. The total offering price to
Burlington is therefore $1,436. Staff
recommended approval.
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker to authorize Resolution
#2813 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
88-4.7A- ,%93-267
(15.) (- n,ider Resolution #2814 authorizing the Right-
()t �r,ia Department to make a formal offer for a
E r,l__of land out of Section 1. Block E. uirt
Project from 50th Street to Slaton
c Iowa
RESOLUTION #2814
RESOLUTION #2814
April 28, 1988 293
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality
located in Lubbock County,Texas, has determined and does hereby
determine that the public needs, safety and welfare demand and create
a public necessity for the acquisition of additional land for
municipal public uses and purposes, to -wit: for the widening of
Quirt Avenue, and the City Council of said City finds it in the
public interest and for public purposes and municipal purposes to
proceed with the acquisition of lands as needed for such purposes as
aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title to the following
described tract of land located in Lubbock County, Texas, be acquired
for public purposes and municipal purposes as set forth in the
preamble hereof, to -wit:
DESCRIPTION of the proposed right-of-way for Quirt Avenue, out
of Section 1, Block "E", Lubbock County, Texas, and being more
particularly described as follows:
BEGINNING at a 40d nail, set in the East line of Section 1, for
the Northeast and beginning corner of this tract, whence the
Northeast corner of Section 1, Block "E" bears North 02'22'24"
East, a distance of 2093.55 feet;
THENCE S. 02022'24" West, along the East line of Section 1, a
distance of 137.12 feet to a 40d nail, set for the Southeast
corner of this tract;
THENCE N. 87038'42" West, a distance of 14.98 feet to a 1/2"
iron rod, set for the Southwest corner of this tract;
THENCE S. 03051'34" East, a distance of 137.17 feet to a 1/2"
iron rod, set for the Northwest corner of this tract;
THENCE S. 87040'11" East, a distance of 11.42 feet to the POINT
OF BEGINNING.
294
9A April 28;, 1988
SECTION 2. THAT the owners of said tract, including Joe B.
Dillon and his wife, Birtha Mae Dillon, BE offered through the Right-
of-way Department of the City of Lubbock the amount of $2,714.00,
which is the amount appraised as the value and total damages for the
fee simple title and acquisition of said real estate hereinabove
described, for the use and benefit of the City of Lubbock, Texas, for
the purposes herein stated, and unless accepted forthwith, the City
Attorney of said City of Lubbock is hereby authorized and instructed
to institute condemnation (eminent domain) proceedings to acquire the
fee simple title to said land as hereinabove described for public
purposes and municipal purposes.
Passed by the City Council this 28th day of April, 1988.
/ 1 B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
Z—sj'_Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
ZsZ_Ed Bucv
Ed Bucy, Right-of-way Agent
APPROVED AS TO FORM:
ZsZ Harold Willard
Harold Willard, Assistant City
Attorney
This tract of land, which is owned by Joe Dillon
and wife, Birtha Mae Dillon, is located along the
west side of Quirt Avenue in the 5600 Block and
is needed for the widening of Quirt Avenue. The
area being taken is 1,810 square feet. The
appraiser of this property was Jimmy Goddard, who
appraised the property at $0.40 per square foot
for a total of $724. Damages were calculated
from the value of trees in right-of-way taken at
$250 and 1,740 square feet of concrete drive
taken valued at $1,740. The grand total for
taking and damages is $2,714, which is offering
price. Staff recommended approval.
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker to authorize Resolution
#2814 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
88-47A-294-268
(16.) Consider Resolution #2815 authorizing the Right -
Of -way Department to make a formal offer for two
parcels of land out of Section 23, Block E.
(Ouirt Pavina Pro.iect from 50th Street to Slaton
RESOLUTION #2815
RESOLUTION #2815
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality
located in Lubbock County, Texas, has determined and does hereby
determine that the public needs, safety and welfare demand and create
a public necessity for the acquisition of additional land for
municipal public uses and purposes, to -wit: for the widening of Quirt
295
April 28, 1988
Avenue, and this City Council of said City finds it in the public
interest and for public purposes and municipal purposes to proceed
with the acquisition of lands as needed for such purposes as
aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title to the following
described tracts of land located in Lubbock County, Texas, be
acquired for public purposes and municipal purposes as set forth in
the preamble hereof, to -wit:
TRACT 1
DESCRIPTION of the proposed right-of-way for Quirt Avenue, out
of Section 23, Block "E", Lubbock County, Texas, and being more
particularly described as follows:
6EGINNING at a 112" iron rod set the Northwest and beginning
corner of this tract, whence the Southeast corner of Section 1,
Block "E" bears North 87°37'35" West, a distance of 60.00 feet
and North 02022124" East, a distance of 2014.00 feet;
THENCE S. 87037'36" East, a distance of 20.68 feet to a 1/2"
iron rod, set for the Northeast corner of this tract;;
THENCE S. 03051'34" West, a distance of 384.40 feet to a 1/2"
iron rod, set for the Southeast corner of this tract;
THENCE N. 87041'25" West, a distance of 10.71 feet to a 1/2"
iron rod, set for the Southwest corner of this tract;
THENCE N. 02922'24" East, a distance of 384.26 feet to the
POINT OF BEGINNING.
TRACT 2
DE,zrRIPTION of the proposed right-of-way for Quirt Avenue, out
of Section 23, Block "E", Lubbock County, Texas, and being more
particularly described as follows:
6EUINNING at a 40d nail, set for the Northwest and beginning
corner of this tract; whence the Northeast corner of Section 1
bears North 87041'25" West, a distance of 60.00 feet and North
02°22'24" East, a distance of 2642.34 feet;
THENCE S. 87041'25" East, a distance of 4.38 feet to a 112"
iron rod, set for the Northeast corner of this tract;
THENCE S. 03051'34" West, a distance of 28.11 feet to a 1/2"
iron rod, set for the Southeast corner of this tract;
THENCE N. 88°00'39" West, a distance of 3.65 feet to a 40d
nail, set for the Southwest corner of this tract;
THENCE N. 02022'24" East, a distance of 28.12 feet to the POINT
OF BEGINNING.
SECTION 2. THAT the owners of said tracts, including Mary
Louise Breedlove Kingsbery; individually and as independent
administrator of the estate of Aulyne King Breedlove, deceased, and
Bill R. Kingsbery, BE offered through the Right -of -Way Department of
the City of Lubbock the amount of $1,843.00, which is the amount
appraised as the value and total damages for the fee simple title and
acquisition of said real estate hereinabove described, for the use
and benefit of the City of Lubbock, Texas, for the purposes herein
staged, and unless accepted forthwith, the City Attorney of said City
of Lubbock is hereby authorized and instructed to institute
condemnation (eminent domain) proceedings to acquire the fee simple
296
April 28, 1988
title to said land as hereinabove described for public purposes and
municipal purposes.
Passed by the City Council this 28th day of April, 1988.
ATTEST:
Is1 Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
ZsLEd Bucy
Ed Buoy, Right -of -Way Agent
APPROVED AS TO FORM:
LsL Harold Wi11and
Harold Willard, Assistant City
Attorney
88-47A-296-269
(17..)
Is1 B. C. McMinn
B. C. McMINN, MAYOR
These two tracts of land are located in the 5600
and 5800 Block along the east side of Quirt
Avenue and are needed to widen that street. Area
being taken in Tract 1 is 6,029 square feet and
in Tract 2 is 112.50 square feet. Both were
appraised by Jimmy Goddard at $0.30 per square
foot and their values are $1,809 and $34,
respectively. Total offer from the Right -Of -Way
Department for these two tracts is $1,843. The
owner of these tracts is the Auylyne Breedlove
Estate c/o Mrs. Mary Louise Kingsberry. Staff
recommended approval.
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker to authorize Resolution
#2815 as recommended by Staff. Motion carried:
7 Yeas; 0 Mays.
RESOLUTION #2816
297
April 28, 1988
RESOLUTION #2816
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality
located in Lubbock County, Texas, has determined and does hereby
determine that the public needs, safety and welfare demand and create
a public necessity for the acquisition of additional land for
municipal public uses and purposes, to -wit: for the widening of Quirt
Avenue, and this City Council of said City finds it in the public
interest and for public purposes and municipal purposes to proceed
with the acquisition of lands as needed for such purposes as
aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title to the following
described tracts of land located in Lubbock County, Texas, be
acquired for public purposes and municipal purposes as set forth in
the preamble hereof, to -wit:
TRACT 1
DESCRIPTION of the proposed right-of-way for Quirt Avenue, out
of Section 1, Block "E", Lubbock County, Texas, and being more
particularly described as follows:
BEGINNING at a 40d nail, set in the East line of Section 1, for
the Northeast and beginning corner of this tract, whence the
Northeast corner of Section 1, Block "E" bears North 02022'24"
East, a distance of 2230.68 feet;
THENCE S. 02022'24" West along the East line of Section 1, a
distance of 22.98 feet to a 40d nail, set for the Southeast
corner of this tract;
THENCE Northwesterly, along the arc of a curve to the right,
the North line of the Fort Worth and Denver Railway Co. line,
an arc distance of 15.97 feet to a set 1/2" iron rod, said
curve has a radius of 373.06 feet, a central angle of
02°27'12", and a chord distance that bears North 73013'53"
West, a distance of 15.97 feet;
THENCE N. 03°51'34" East, a distance of 19.01 feet to a 1/2"
iron rod, set for the Northwest corner of this tract;
THENCE S. 87938'42" East, a distance of 14.98 feet to the POINT
OF BEGINNING.
TRACT 2
DESCRIPTION of the proposed right-of-way for Quirt Avenue, out
of Section 1, Block "E", Lubbock County, Texas, and being more
particularly described as follows:
BEGINNING at a 40d nail, set in the East line of Section 1, for
the Northeast and beginning corner of this tract; whence the
Northeast corner of Section 1 bears North 02°22'24" East, a
distance of 2274.17 feet;
THENCE S. 02022'24" West, along the East line of Section 1, a
distance of 83.50 feet to a 40d nail, set for the Southeast
corner of this tract;
THENCE N. 87629'34" West, a distance of 18.27 feet to a 1/2"
iron rod, set for the Southwest corner of this tract;
THENCE N. 03051'34" East, a distance of 87.38 feet to a 1/2"
iron rod, set for the Northwest corner of this tract;
THENCE Southeasterly, along the arc of a curve to the left, an
arc distance of 16.47 feet to the POINT OF BEGINNING, said
298
April 28, 1988
curve has a radius of 393.06 feet, a central angle of 02*24'
05", and a chord that bears South 73°56'18" East, a distance of
16.47 feet;
SECTION 2. THAT the owners of said tracts, including Paul
Enger, BE offered through the Right -of -Way Department of the City of
Lubbock the amount of $744.00, which is the amount appraised as the
value and total damages for the fee simple title and acquisition of
said real estate hereinabove described, for the use and benefit of
the City of Lubbock, Texas, for the purposes herein stated, and
unless accepted forthwith, the City Attorney of said City of Lubbock
is hereby authorized and instructed to institute condemnation
(eminent domain) proceedings to acquire the fee simple title to said
land as hereinabove described for public purposes and municipal
purposes.
Passed by the City Council this 28th day of April, 1988.
Is1 B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
LsL Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
L�L Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
Is1 Harold Willard
Harold Willard, Assistant City
Attorney
These two tracts of land, which are owned by Paul
Enger, are located along the west side of Quirt
Avenue in the 5700 Block. Parcel #1 has been
appraised at $0.40 per square foot and contains
320.41 square feet. Offering price for Parcel #1
is $128. Parcel #2 has been appraised at $0.42
per square foot and contains 1,465.55 square
feet. Offering price for Parcel #2 is $616 and
the total for both is $744. Jimmy Goddard was
the appraiser of these properties. Staff
recommended approval.
299
April 28, 1988
88-47A-299-270
(18.)
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker to authorize Resolution
#2816 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
RESOLUTION #2817
RESOLUTION #2817
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality
located in Lubbock County,Texas, has determined and does hereby
determine that the public needs, safety and welfare demand and create
a public necessity for the acquisition of additional land for
municipal public uses and purposes, to -wit: for the widening of
Quirt Avenue, and the City Council of said City finds it in the
public interest and for public purposes and municipal purposes to
proceed with the acquisition of lands as needed for such purposes as
aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title to the following
described tract of land located in Lubbock County, Texas, be acquired
for public purposes and municipal purposes as set forth in the
preamble hereof, to -wit:
DESCRIPTION of the proposed right-of-way for Quirt Avenue, out
of Section 1, Block E, Lubbock County, Texas, and being more
particularly described as follows:
BEGINNING at a 40d nail, set in the East line of Section 1, for
the Northeast and beginning corner of this tract, whence the
Northeast corner of Section 1 bears North 021,22'24" East, a
distance of 1733.83 feet;
THENCE South 02022'24" West, along the East line of Section 1,
a distance of 139.83 feet to a 40d nail, set for the Southeast
corner of this tract;
THENCE North 87040'11" West, a distance of 5.71 feet to a 1/2"
iron rod, set for the Southwest corner of this tract;
THENCE North 03051134" East, a distance of 139.88 feet to a
1/2" iron rod, set for the Northwest corner of this tract;
THENCE South 87°38'42" East, a distance of 2.09 feet to the
POINT OF BEGINNING.
SECTION 2. THAT the owners of said tract, including Mildred
Vaudine Rodgers Hamilton, individually and as independent executrix
to the estate of W. A. Rodgers, and Glenn Mozelle Rodgers Edwards,
James Wilborn Rodgers and Clifton Doyle Rodgers, BE offered through
the Right -of -Way Department of the City of Lubbock the amount of
$268.00, which is the amount appraised as the value and total damages
for the fee simple title and acquisition of said real estate
hereinabove described, for the use and benefit of the City of
Lubbock, Texas, for the purposes herein stated, and unless accepted
forthwith, the City Attorney of said City of Lubbock is hereby
authorized and instructed to institute condemnation (eminent domain)
proceedings to acquire the fee simple title to said land as
hereinabove described for public purposes and municipal purposes.
300
April 28, 1988
Passed by the City Council this 28th day of April-, 1988.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucv
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
ZsL Harold Willard
Harold Willard, Assistant City
Attorney
88-47A-300-271
(19.)
Is1 B. C. McMinn
B. C. McMINN, MAYOR
This tract of land, which is owned by W.A.
Rodgers Estate, c/o Mrs. Mildred Hamilton, is
located along the west side of Quirt Avenue
between East 54th and East 56th Streets. Area
being taken is 545.50 square feet or 0.01 acre.
The appraiser of this property was Jimmy Goddard,
who appraised this property at $0.40 per square
foot for a total of $218. Damages were assessed
at $50 for 91.2 square feet of asphalt being
taken. Therefore, total offer to Mrs. Hamilton
is $268. Staff recommended approval.
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker to authorize Resolution
#2817 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
Highway.)
RESOLUTION #2818
RESOLUTI.ON #2818
t
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality
located in Lubbock County, Texas, has determined and does hereby
determine that the public needs, safety and welfare demand and create
a public necessity for the acquisition of additional land for
municipal public uses and purposes, to -wit: for the widening of Quirt
Avenue, and this City Council of said City finds it in the public
interest and for public purposes and municipal purposes to proceed
with the acquisition of lands as needed for such purposes as
aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title to the following described
land located in Lubbock County, Texas, be acquired for public
purposes and municipal purposes as set forth in the preamble hereof,
to -wit:
April 28, 1988
341
A tract of land out of Section 1, Block E, Lubbock County, Texas
and being more particularly described as follows:
BEGINNING at a 40d nail, set in the East line of Section 1, for
the Northeast and beginning corner of this tract, whence the
Northeast corner of Section 1 bears North 021'22;24" East, a
distance of 2357.66 feet;
THENCE South 020 22'24" West, along the East line of Section 1, a
distance of 150.00 feet to a 40d nail, set for the Southeast
corner of this tract;
THENCE North 87029'34" West, a distance of 22.16 feet to a 1/1"
iron rod, set for the Southwest corner of this tract;
THENCE North 03051'34" East, a distance of 150.04 feet to a 1/1"
iron rod, set for the Northwest corner of this tract;
THENCE South 87029'34" East, a distance of 18.27 feet to the
POINT OF BEGINNING.
SECTION 2. THAT the owners of said tract, including H. Lewis
Irviin and Ila Mae Irvin, BE offered through the Right -of -Way
Department of the City of Lubbock the amount of $1,213.00, which is
the amount appraised as the value and total damages for the fee
simple title and acquisition of said real estate hereinabove
described, for the use and benefit of the City of Lubbock, Texas, for
the purposes herein stated, and unless accepted forthwith, the City
Attorney of said City of Lubbock is hereby authorized and instructed
to institute condemnation (eminent domain) proceedings to acquire the
fee simple title to said land as hereinabove described for public
purposes and municipal purposes.
Passed by the City Council this 28th day of April, 1988.
Is1 B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
ZsL Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
ZsL Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
ZsL Harold Willard
Harold Willard, Assistant
City Attorney
This tract of land, which is owned by Irvin H.
Lewis and wife, Ila Mae Irvin, is located in the
5700 Block of Quirt Avenue along the west side
and the area being taken is 3,032 square feet or
0.07 acre. Jimmy Goddard appraised this property
at $0.40 per square foot for a total of $1,213,
which is the offer to them. Staff recommended
approval.
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker to authorize Resolution
#2818 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
302 April 28, 1988
88-47A-302-272
(20.)
Texas.
ORDINANCE #9I95
ORDINANCE #9195
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 66TH STREET
LOCATED IN SECTION 36, BLOCK A-K, IN 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 ABANDONMENT AND CLOSING;
PROIIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
88-47A-302-273
(21.)
This closure is located 330' west of the
northwest corner of 66th Street and Frankford
Avenue and was requested by Hugo Reed for H.A.
Sessions. The reason for closure is that 66th
Street is designated as a 64' wide collector
street and it was originally dedicated as 80'
wide. Therefore, Staff have 80' minus 64' = 16'
of excess street dedication or 8' of excess
street dedication for each side of 66th Street.
This street area being closed is 8' north to
south by 1,320.07' east to west for a total of
10,560.56 square feet. The closure is filed in
conjunction with the plat entitled, "Spur 327
AUTOPLEX". In this plat, the proponent of this
closure is dedicating two streets and three
avenues which more than offset the area being
closed. Staff recommended approval.
Motion was made by Councilman Nash, seconded by
Councilman Patterson to pass on first reading
Ordinance #9195 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
ORDINANCE #9196
ORDINANCE #9196
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF ELGIN AVENUE
LOCATED IN THE CAPROCK AND LIVE OAK ADDITIONS 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 INDICATE SAID ABANDONMENT AND CLOSING;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
This street area to be closed is located in the
7000 Block of Elgin Street, northwest of Trinity
Church, the proponent of this closure. Area to
be closed is 6,359.1 square feet and is the cul-
de-sac portion of Elgin Avenue. A new cul-de-sac
is to be dedicated by plat to the northeast of
the one being closed. Most of the area being
closed will remain as an easement. Much has to
be worked out with this plat, since a Cut and
Fill Plan is involved. This property is to be
replatted into Tract "A", Trinity Church
April 28, 1988 303
Addition. The $150 application fee has been
submitted and the area being closed will trade
out for the area being dedicated. S.P.S. has a
steel pole to be relocated, Bell Telephone has a
cable to be relocated, and LP&L will have a
street light relocation charge. Staff
recommended approval.
Motion was made by Councilman Phillips, seconded
by Councilman Carpenter to pass on first reading
Ordinance #9196 as recommended by Staff. Motion
carried: 7 Yeas; D Nays.
88-47A-303-274
(22.) Consider Resolution #2819 adogting the name ❑
Chatman Hill.
RESOLUTION #2819
RESOLUTION #2819
WHEREAS, the Urban Renewal Agency began the redevelopment of
the Coronado area in 1958 through acquisition, relocation and
replatting of the Queens City area; and
WHEREAS, the City Council reviewed and adopted the Chatman Hill
Redevelopment Plan as a guide for short range and long range
community development of the area on May 28, 1987; and
WHEREAS, the City of Lubbock and the Urban Renewal Agency are
currently negotiating the purchase of the Coronado land inventory
held by the Department of Housing and Urban Development; and
WHEREAS, the City of Lubbock executed a Joint Venture for
Affordable Housing with the West Texas Homebuilders Association and
the Department of Housing and Urban Development to promote
residential construction in the area; and
WHEREAS, the City of Lubbock has allocated during the past year
over $270,000 of Community Development Block Grant funds for
neighborhood improvements in the area; NOW THEREFORE:
BE :IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the City of Lubbock in continuing its efforts
to increase the awareness of the area and to update the identity of
the area formerly known as Coronado, hereby supports and encourages
the use of the name Chatman Hill.
SECTION 2. THAT the City Council directs and designates the
Mayor as the City's Chief Executive Officer and Authorized
Representative to act on all matters in connection with the naming of
the Chatman Hill area.
304
April 28, 1988
Passed by the City Council this -28th day of April, 1988.
Is1 B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Sandy Ogletree
Sandy Ogletree, Community Development
Administrator
APPROVED AS TO FORM:
s Ben'amin L. Linton
Be0 arnin L. Linton, Assistant City
Attorney
In May, 1987, the City Council reviewed a Study
and Redevelopment Plan of the Coronado area
prepared by a class at the Texas Tech School of
Architecture. The City Council subsequently
adopted the Plan as a guide to short and long
range planning for the area. One of the
recommendations of the Plan was to change the
name of the area to Chatman Hill.
The area, which is generally bounded by Avenue A,
19th Street, Southeast Drive and 34th Street, was
originally named Coronado when the Urban Renewal
Agency established a redevelopment plan for the
area in 1958. The Redevelopment Plan included
the areas of Queen City, Seaver, and Wheelock.
The acquisition of the land was followed by a
platting process, whereas the official name of
the area became Coronado.
This Resolution will not officially change the
area name, which can only be accomplished by
repiatting the area, and is cumbersome and
expensive. This Resolution supports the name of
Chatman Hill and continues the general upgrading
of the area.
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker to authorize Resolution
#2819 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
88-47A-304-275
(23.). Consider Ordinance #9197 authorizing the
installation of a traffic signal_ at the
intersection of Broadway Street and Avenue 0.
ORDINANCE #9197_
ORDINANCE #9197
AN ORDINANCE AUTHORIZING A NEW TRAFFIC SIGNAL AT BROADWAY AND
AVENUE 0; AND PROVIDING FOR PUBLICATION.
305
April 28, 1988
At the City Council meeting on April 14, 1988,
the City Council approved a request from First
National Bank for the reinstallation of a traffic
signal at this intersection. The signal will be
a fixed cycle signal and the bank has agreed to
fund 50% of the cost of the signal.
Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo to pass on first reading
Ordinance #9197 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
88-47A-305-276
(24.1 Consider Resolution #2820 authorizing and
directing the Mayor to execute a Contract with
the Lubbock Urban Transportation Study
(Metropolitan Planning Organization) for the FY
1989 Program.
RESOLUTION #2820
RESOLUTION #2820
WHEREAS, the City Council of the City of Lubbock has heretofore
executed an agreement between the City of Lubbock and the Steering
Committee of the Lubbock Urban Transportation Study (Metropolitan
Planning Organization); and
WHEREAS, authorization has been granted to extend the above -
mentioned agreement through September 30, 1989; NOW THEREFORE:
BE 'IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of
Lubbock an Agreement between the City of Lubbock and the Steering
Committee of the Lubbock Urban Transportation Study, 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 28th day of April, 1988.
Is1 B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
LsL Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Is1 David E. Woosley
David E. Woosley, Traffic Engineer
APPROVED AS TO FORM:
LsL J. Worth Fullingim
J. Worth Fullingim, Assistant City
Attorney
Each year since 1975, the City has received a
Grant of Planning 112 Funds from the State
Department of Highways and Public Transportation.
These funds are administered by the Lubbock Urban
306
April 28, 1988
88-47A-306-277
(25.)
Transportation Study and FY 1989 total $129,500
for various projects specified in the Contract on
Exhibit B. These include continuing the Study
for improvements at ten high accident locations,
Transit Study Improvement Plan, and Land Use
Program update. Staff recommended approval.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Patterson to authorize Resolution
#2820 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
sans under water heaters.
ORDINANCE 49198
ORDINANCE 49198
AN ORDINANCE AMENDING CHAPTER 6, ARTICLE III OF THE CODE OF
ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLEO "PLUMBING CODE"; BY
ADDING REQUIREMENTS FOR DRAIN PANS TO BE PLACED UNDER ALL WATER
HEATERS INSTALLED IN NEW CONSTRUCTION; PROVIDING FOR A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
The Plumbing/Mechanical Board for the City of
Lubbock has reviewed this Amendment and
determined that it would be in the best interest
of the citizens of Lubbock to require that drain
pans be installed under water heaters.
Damage has occurred in residences due to water
heaters developing leaks and the water running
into the living areas of the home. Water heater
drain pans would be connected to the building
sewer s❑ in case a leak did develop, the water
would not damage any other areas.
This requirement was unanimously approved by the
Board and recommended by Staff.
Motion was made by Councilman Carpenter, seconded
by Councilman Phillips to pass on first reading
Ordinance 49198 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
88-47A-306-278
(26.) Consider Resolution #2821 authorizing the Mayor
to sign renewal of a Space Lease Agreement with
FSI Corporation for space located in the Old
Terminal at Lubbock International Airport.
RESOLUTION 42821
RESOLUTION #2821
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 Space Lease Agreement by and between the City of Lubbock
and FSI, Inc., for office space and space for research and
development in the Old
April 28, 1988 307
Terminal Building at Lubbock International Airport, 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 28th day of April, 1988.
Is1 B. C. McMinn
B.C. MCMINN, MAYOR
ATTIEST :
ZsL Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
(.L/ Marvin Coffee
Marvin Coffee, Director of Aviation
APPROVED AS TO FORM:
ZsL Haroil d Willard
Harold Willard, Assistant City
Attorney
FSI Corporation is a high-tech industry that has
leased a portion of the Old Terminal Building.
They have been successful in their research and
have had to expand their operation. FSI has been
a good tenant in the Old Terminal and Staff
recommends renewal of their lease.
OLD LEASE:
Term: 3 years, May 1, 1985 through April 30,
1986, plus two one-year options which expire
April 30, 1988.
Area Under Lease: 6,370 square feet --an
additional 770 square feet was added in January
1987, making current total 7,140 square feet.
Rental Rate: $3.12 per square foot per year --
subject to Cost Price Index adjustment.
Special Conditions: FSI reimburse the City at
the rate of $2.60 per square foot per year for
utilities.
NEW LEASE:
Term: One year May 1, 1988 through April 30,
1989, with four one-year automatic renewals.
Area Under _-Lea se: 7,140 square feet.
Rental Rate: $3.48 per square foot per year for
4,240 square feet of space and $4.00 per square
foot for 2,900 square feet of space both subject
to annual adjustment for Cost Price Index.
Special Conditions: FSI reimburses the City at
the rate of $3.40 per square foot per year for
5,470 square feet of space for utilities.
April 28, 1988
The Airport Board in a regular meeting held March
16, 1988, considered this and recommended the
renewal of this Lease.
Motion was made by Councilman Nash, seconded by
Councilman Carpenter to authorize Resolution
R-165
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me Lynda Weems a Notary Public in and for Lubbock County, Texas on this day
personally appeared T J Auf i I I , Accounting Manasta r 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. 82_h10-4 at Lubbock County. Texas and the attached print-
ed copy of the Legal IVIe t L- e is a true copy of the original and was printed in the Lubbock
Avalanche -.Journal on the following dates: April In, 1988
93 words @ 44t = $40.92
Accounting anager
LUBBOCK AVALANCHE -.JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this 11 t h day of Ap r i. I
FORM 58-10
88-47A-308-279
( 7.)
NOTICE
NOTICE la hereby given that's
Wrbllc hearing will Z he7ddn April
7a, 19" In the Clty Council n Aprr_
TeX-' al r975 A 'ree}. Lubbock
al 9; 20 A.M. }e consldr Q
or »11 a}ipn dl Chevron USA !nr
ao
4 and Gat Ona'Z Permit Ioeal-
ed.,
In SaC}16n a. Block a Lubbock Counter, Te
Orelkaa, the
�oPDSM T9% ketloCallon 1:
nort
feet eea} 01 he h anb
oat Erah he site Ia north 'of
Guava. ha �d ea5l of North
fagot R eddi}ta,�+ar rn4ern,aHcrt, `•' ' • I '
.�1I k-i65 T0T .Ids-6�ITi. erlen- ; t
88-47A-308-280
( 8.) Consider annroval of an Oil and Gas Drilling
Permit for H. Newton #2.
Michael Akins, Staff Engineer for Chevron U.S.A.
spoke favoring approval of this Permit.
On April 8, 1988, Staff received an application
for a Permit to drill this well. The storage
site is proposed in conjunction with the well
site.
The application is complete, the production unit,
which contains 40 acres, is unitized and has a
maximum diagonal of less than 3,0001. Chevron
proposed earth sludge pits and no landscaping at
309
April 28, 1988
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 dump
outside Lubbock County approved by the Railroad
Commission. Access to the drill and storage site
is proposed from North Guava on private property.
SHORT TERM IMPACTS: A minimum impact is expected
for the short term since the area is vacant and
current use is agricultural. The well and
storage site are remote from existing residential
or commercial development.
POTENTIAL LONG TERM IMPACTS: The land area
surrounding and including this Lease is
designated single-family on the 1986
Comprehensive Land Use Plan. Since little
additional development is projected in the
immediate area, and no recent or proposed
residential development has been proposed in this
area, long term negative impacts should be
minimal. Production may be exhausted before
major developments ❑ccur in this area.
RECOMMENDED PERMIT CONDITIONS:
1. No hydrocarbon lubricant (waste oil)
shall be used t❑ free -up the hole
during drilling until after the first
series of surface casing has been set
which will protect the water aquifer.
2. The permittee shall notify the Lubbock
office of the Texas Railroad Commission
for the intended dates for casing the
well.
3. Casing ❑f the well shall be in
substantial compliance with applicable
portions of Rule 13 of the Texas
Railroad Commission.
4. The permittee shall meet all ❑ther
conditions of Section 14, Article VI ❑f
the Lubbock Code and those
specifications indicated within the
application ❑f Texas for H. Newton #2.
N❑ ❑ne spoke in ❑pposition t❑ this request.
Mayor McMinn closed the Public Hearing.
Motion was made by Councilman Nash, seconded by
Mayor Pr❑ Tem Baker t❑ approve issuance ❑f an Oil
and Gas Drilling Permit for H. Newton #2. Motion
carried: 7 Yeas; 0 Hays.
88-417A-309-281
( 9.)
88-47A-309-282
(10.) Consider approval of an Oil and Gas Drilling
Permit for City ❑f Lubbock #35-6.
310
April 28, 1988
Dub Bratcher spoke in favor of this request.
On April 8, 1988, Staff received an application
for a Permit to drill the above described
injection well to be located in the northern part
of the parking lot at Hillcrest Country Club.
After the well is drilled, the injection valves
will be located in a pit and covered with a steel
plate, and no visible apparatus will exist when
the injection is in process.
The application is substantially in order and as
an injection well, there is no requirement for a
production unit. Sludge and waste will be
contained in steel pits, and disposal of waste is
proposed at an approved dump outside Lubbock
County. The blow-out protector has a minimum
rating of 3,000 psi. Access to the drill site
will be via private property on Hillcrest Country
Club.
The required permission of residential property
owners is in order due to the recent Code
revision providing that a valid Lease constitutes
permission. Texland has a valid Lease on the
three residential properties located within 300'
of the drill site and since the facility will be
out of sight in the parking lot, no landscape
requirements are proposed.
SHORT TERM IMPACTS:
The 10-14 day drilling activity will create a
disturbance to the immediate neighbors and at the
Country Club. After completion, no evidence of
an injection line will be visible on the surface.
The facility will not create any noise when in
operation.
POTENTIAL LONG TERM IMPACTS:
As an injection well with no pump jack or storage
tanks, this well should have a minimal impact.
Producing wells surround this location in all
directions.
RECOMMENDED PERMIT CDITIONS:
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' - 400', or 50' to 200' below
the aquifer.
2. 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.
April 28, 1988 311
88-47A-311-283
(27.)
4. The permittee shall meet all other
conditions of Section 14, Article IV of
the Lubbock Code and those
specifications indicated within the
application of Texas for the City of
Lubbock #35-6.
Those appearing to speak in opposition to this
request are as follow: Dr. Wallace Haney, Paige
Dominick, Milton Konine, Charles Robinson,
Richard Baker, Virgil Rickel, Elaine Bergren,
Harley Franklin, Mark Anderson and Mrs. Mark
Anderson.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Patterson to approve this Injection
Well Permit subject to the 4 recommended Permit
Conditions and with the additional condition that
traffic be from Boston only and not through the
residential east/west streets. Motion carried:
6 Yeas; 1 Nay --Councilwoman Trejo. City Council
instructed Mr. Bratcher to meet with the
residents who opposed the request to try to teach
a better understanding regarding general problems
and work toward resolving these.
RESOLUTION #2822
RESOLUTION #2822
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 ❑f the City of
Lubbock an Operating Agreement (Dakkar Properties) and associated
documents by and between the City of Lubbock and Estacado Energy,
Inc.. for the purchase and operation ❑f certain properties in the
Panhandle East Field situated in Wheeler and Collingsworth Counties,
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 ❑f this Resolution as if fully copied herein
in detail.
312
April 28, 1988
Passed by the City Council this 23th day of April, 1988.
s B. C. McMinn
B. C . McM1 Nib, MAYOR
ATTEST:
/sj 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:
ZsL Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
Council approved a Program in the 1987-88 Budget
for the acquisition of gas reserves that the City
would own in order to stabilize the price of fuel
for electric generation.
The first phase of this Program was the purchase
of the gas pipeline to Garza County and the
Contract for the casing head gas in the Garza
County oilfield.
The Staff has now negotiated an Agreement to
purchase 18 gas wells in Wheeler County which
will produce approximately 5% of the needed fuel
for LP&L's electric generation for from 11 to 14
years.
The net cost of the gas on a conservative
estimate will be $1.26 per MCF. Possible better
trans-portation arrangements could reduce the
cost of gas to $1.06.
The total cost of the 18 wells is $690,000 and an
arrangement has been worked out with Mr. Bill
Ranck, an independent gas operator, to purchase
50% of the interest in these wells and Contract
for the City to purchase all the gas both from
the 50% that the City will own and the 50% that
Mr. Ranck will own.
There are two elements in the Agreement, the
first of which is for the acquisition of the
wells and stipulation of dedication of gas; the
second element is for the operation of the
wellfield.
Sometime in the fall of 1988, the City Council
will be presented with another document to
establish marketing arrangements to account for
the royalty owners' share of the gas. The gas is
contracted to Warren Petroleum Company through
October 1, 1988.
The proposal is directly in line with the Plan
established last year and Staff recommended
approval of the Resolution.
April 28, 1988
313
Motion was made by Councilman Phillips, seconded
by Councilman Nash to authorize Resolution #2822
as recommended by Staff. Motion carried: Yeas;
Nays.
88-47A-313-284
(28.) Receive bids for sale of General Obligation
Bonds Certificates of Obligation, and Electric
Revenue Bonds.
Mayor McMinn announced at 11:00 a.m. that no more
bids would be received on the Bonds.
Joe Smith, of First Southwest, opened each of the
following bids and read them out loud:
General Obligation Bonds--$6,560,000
Shearson, Lehman, Hudson: $5,032,655.94
7.4579964%
First Republic Bank, Dallas: $5,101,646.88
7.560235%
Smith, Barny, Harris, Upham $5,840,350
(premium $266.40)
7.534208%
Dean Witter Reynolds, Inc. $5,043,072.19
7.473432%
M-Bank Capital Markets $5,061,408.75
7.50060%
Certificates of 0bli ation-- 750 000
Eppler, Guerin, Turner $509,446.88
7.348675%
Rausher, Pieru, Ressnes $528,603.13
7.625%
Dean Witter Reynolds $514,959.38
7.4281915%
Lovett, Mitcher, Webb, $533,150.94
Garrison
7.690601%
M-Bank Capital Markets $523,474.38
7.55101%
First RepublicBank $532,233.75
7.677371%
314 April 28, 1988
88-47A-314-285
(29.)
Electric Li ht and Power S stem Revenue Bonds__
$z7.000,aoa
Merrill Lynch Capital $13,437,366,67
Markets/First Southwest
$95,200 Insurance premium 7.58816%
Clayton, Brown & Associates $13,592,031.72
- 1,504.50
$13,590,527.22
$59,300 Insurance premium 7.6746590
Kidder, Peabody & Co. $13,334,729.17
7.5302%
Dothan, Sax & Co. $13,732,210.42
- 17.00
$13,732,193.42
7.7546%
$90,700 Insurance premium
Shearson, Lehman, Hutton $13,351,888.54
7.53989%
$29,600 Insurance premium
Morgan Stanley $13,576,200.00
- 1.,139.00
$13,575,061.00
7.665917%
$ Insurance premium
Dillon Read & Co. $13,507,987.50
- 3,578.50
$13,504,409.00
7.626017%
Mr. Smith and Assistant City Manager Robert
Massengale verified the calculations of the bids,
and after a few moments returned to make
recommendations.
Consider Ordinance #9199 authorizing issuance of
$6,560,000 in "City of Lubbock, Texas General
Obligation Bonds, Series 1988".
ORDINANCE #9199
ORDINANCE #9199
AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF LUBBOCK,
TEXAS, GENERAL OBLIGATION BONDS, SERIES 1988"; SPECIFYING THE TERMS
AND FEATURES OF SAID BONDS: ![VYING A CONTINUING DIRECT ANNUAL AD
VALOREM TAX FOR THE PAMLN1 Of' SAID BONDS; AND RESOLVING OTHER
MATTERS INCIDENT Arjll3 RELATED TO THE ISSUANCE, SALE, PAYMENT AND
DELIVERY OF SA1"' -0110S, INCLUDING THE APPROVAL AND DISTRIBUTION OF AN
OFFICIAL SiAIL110 1 PERTAINING THERETO; AND PROVIDING AN EFFECTIVE
DATE.
April 28, 1988 315
88-47A-315-285
(30.)
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Patterson to pass on first reading
Ordinance #9199, accepting bid of Shearson Lehman
Hutton as follows: $5,032,655.94, 7.4579964% as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
UDI 1LjdL IUf1, jurIub Iy00 .
ORDINANCE #9200
ORDINANCE #9200
AN ORDINANCE AUTHORIZING THE ISSUANCE DF "CITY OF LUBBOCK,
TEXAS, COMBINATION TAX AND GOLF COURSE REVENUE CERTIFICATES OF
OBLIGATION, SERIES 1988 LEVYING AN AD VALOREM TAX UPON ALL TAXABLE
PROPERTY IN THE CITY AND PLEDGING THE NET REVENUES DERIVED FROM THE
OPERATION AND OWNERSHIP OF THE GOLF COURSE FACILITIES FOR THE PAYMENT
DF SAID CERTIFICATES; SPECIFYING THE TERMS AND FEATURES OF SUCH
CERTIFICATES AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE
ISSUANCE, SALE, SECURITY, PAYMENT AND DELIVERY OF SAID CERTIFICATES,
INCLUDING THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT
RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE.
88-117A-315-287
(31.)
Motion was made by Councilman Nash, seconded by
Mayor Pro Tem Baker to pass on first reading
Ordinance #9200, accepting bid of Eppler Guerin &
Turner as follows: $509,446.88, 7.348675% as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
ORDINANCE #9201
ORDINANCE #9201
AN ORDINANCE AUTHORIZING THE ISSUANCE OF
$17;,000,000 "CITY OF LUBBOCK, TEXAS, ELECTRIC LIGHT AND POWER SYSTEM
REVENUE 8ONDS, SERIES 198811; PRESCRIBING THE FORMS, TERMS, AND
PROVISIONS OF SAID BONDS; PLEDGING THE NET REVENUES OF THE CITY'S
ELECTRIC LIGHT AND POWER SYSTEM TO THE PAYMENT OF THE PRINCIPAL OF
AND INTEREST ON SAID BONDS; ENACTING PROVISIONS INCIDENT AND RELATED
TO THE ISSUANCE, PAYMENT, SECURITY, SALE AND DELIVERY OF SAID BONDS,
INCLUDING THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT
PERTAINING THERETO, AND PROVIDING AN EFFECTIVE DATE.
Motion was made by Councilman Phillips, seconded
by Mayor Pro Tem Baker to pass on first reading
Ordinance #9201, accepting bid of Kidder Peabody
& Co. as follows: $13,334,729.17, 7.5302% as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
316
16 April 28, 1988
88-47A-316-288
(32.) Consider Resolution #2823 setting the salaries
for the Municipal dodges_
RESOLUTION 42823
RESOLUTION #2823
WHEREAS, the City Council of the City of Lubbock deems it to be
in the best interest of the citizens of the City of Lubbock to
establish salaries for the upcoming terms of office of the judges of
Division One and Division Two of the Lubbock Municipal Court; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the annual salaries for the judges of the Municipal Court
of Record for the 1988-1990 term of office shall be as follows:
Judge, Division One: $ 45,000.00, annual salary; and
Judge, Division Two: $ 50,000.00, annual salary.
Passed by the City Council this 28th day of Aoril, 1988.
ATTEST:
LsZ' 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:
Zsl Donald G. Vandier
Donald G. Vandiver, First Assistant
City Attorney
88-47A-316-289
(33.)
s B. C. McMinn
B.C. McMINN, MAYOR
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Carpenter to authorize Resolution
#2823, setting salaries of Municipal Court Judges
as follow: Division 1--$45,000 and Division II--
$50,000 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
Mr. Horace O'Neal, Attorney representing the
Lubbock Professional Police Officers Association,
filed a request with City Staff regarding
overtime pay For police officers in accordance
with tho Fair Labor Standards Act. The request,
on behalf of the police union, was to change the
methrO for paying overtime pay for police
ri f i 'IS.
317
April 28, 1988
88-47A-317-290
[34„]
When the cities in the United States began to
fall under the Fair Labor Standards Act, Staff
carefully reviewed all of the requirements of
FLSA related to overtime pay and also talked with
private industry and other cities. The City of
Lubbock's method of payment of overtime pay is in
accordance with FLSA, and when this request came
forward, Staff denied it.
Mr. O'Neal requested that this matter be taken to
City Council, and since this is a legal and
administrative matter, not a legislative one for
City Council consideration, his appearance was
denied. Mr. O'Neal requested the City Council
override this decision.
Under the City Council Rules, this requires a
unanimous consent of the entire Council in order
to grant the appeal. The merits of this particu-
lar matter are not the subject for discussion at
this Council meeting, only whether or not this
should be placed before the City Council and if
it falls within the items for Council decision.
The City Attorney and Staff recommended that
Council deny the appeal, as this item is one for
judicial decision as well as an administrative
matter, and not one of legislative decision of
the Council.
Motion was made by Councilman Phillips, seconded
by Councilman Nash to deny request of Horace
O'Neal to place an item on the City Council
agenda under Rule 11(d) of the City Council Rules
regarding Application of Fair Labor Standards Act
as this is a judicial and administrative matter
and not one for legislative consideration.
Motion carried: 5 Yeas; 1 Nay --Councilman
Carpenter.
RESOLUTION #2824
RESOLUTION #2824
WHEREAS, the City of Lubbock and the Lubbock City Council
desire to host the Texas Municipal League 1990 Institute for Mayors,
Councilmembers and Commissioners; and
WHEREAS, the convention industry contributes highly to the
economic development of Lubbock; and
WHEREAS, the City of Lubbock offers exceptional and functional
meeting facilities at the Lubbock Memorial Civic Center; and
WHEREAS, the City of Lubbock offers excellent airline and
transportation services; and
WHEREAS, the City of Lubbock offers luxurious hotel
accommodations; and
WHEREAS, the City of Lubbock offers diverse restaurant, retail
shopping, and unique tourist attractions; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
318
April 28, 1988
THAT the Texas Municipal League Institute for Mayors,
Councilmembers and Commissioners is graciously invited to hold their
1990 Institute in Lubbock.
APPROVED by unanimous vote of the representatives present at
the meeting of Lubbock City Council held in Lubbock, Texas this 28th
day of April, 1988.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd_
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
/s/ Trent Petty /s/ Donald G. Vandiver
Trent Petty, Administrative Assistant Donald G. Vandiver,
to the City Manager First Assistant City
Attorney
Motion was made by Councilman Nash, seconded by
Councilman Phillips to authorize Resolution #2824
as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
88-47A-318-29I
(35.) Hold Executive Session to discuss pendim
litigation and land acquisition Water
Utilities).
Executive Session was not held.
88-47A-318-292
(36.) BID #9642--Yearl-Y pricingon ice control salt
(Streets Department).
Carey Salt Company, Hutchinson, Kansas--400 tons
ice control salt.
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker to accept low hid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
8,8-47A-318-293
(37.) BID #9727--Hot and cold mix Streets Department).
Kerr Construction Co.--600 tons Type C hot mix,
using local aggregate; 600 tons Type D hot mix,
using local aggregate, 600 tons cold mix.
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker to accept low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
88-47A-318-294
(38.) BID #9702--Playground renovation at Lou Stubbs
Playground, and authorize same Parks and
Recreation).
RESOLUTION #2825
April 28, 1988 319
RESOLUTION #2825
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 Mize
Engineering & Development, Inc. for playground renovation - Lou
Stubbs Playground, 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 2 tF _h day of April, 1988.
Is1 B. C. McMinn
B. C. MCMINN, MAYOR
ATTEST:
Is1 Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Gene Eads
Gene Eads, Purchasing Manager
APPROVED AS TO FORM
Zs1 Harold Willard
Harold Willard, Assistant City
Attorney
Mize Engineering & Development, Inc.
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker to authorize Resolution
#2825 as recommended by Staff. Motion carried:
7 Yeas; 0 Hays.
88-47A-319-295
(39.) BID #9703--Landscapingat Green Fair Manor
Complex, and authorize same Parks and
Recreation).
RESOLUTION #2825
RESOLUTION #2825
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 Staggs
Landscapes of Lubbock, Inc. for landscaping - Greenfair Manor
Complex, 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.
320
April 28, 1988
Passed by the City Council this 28th day of April, 1988.
Is1 B.C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s1 Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Ls/ Gene Eads
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
/s1 Harold Willard
Harald Willard, Assistant City
Attorney
Staggs Landscapes of Lubbock, Inc.
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker to authorize Resolution
#2826 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
88-47A-320-296
(40.) BID #9710--Swimming pool concession rights, and
authorize same (Parks and Recreation).
RESOLUTION #2827
RESOLUTION #2827
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
Refreshments Vending & Food Service for Swimming Pool Concession
Rights, 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 28th day of April, 1988.
ATTEST:
Ls1 Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Lsl Gene Eads
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
Is/ Harold Willard
Harold Willard, Assistant City
Attorney
/sf B. C. McMinn
B. C. McMINN, MAYOR
April 28, 1988
321
88-47A-321-297
(41.)
88--47A-321-298
(42.)
Refreshments Vending & Food Service --Concession
rights, Clapp and Maxey pools, April, 1988
through September, 1990.
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker to authorize Resolution
42827 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
Consider one appointment to the Permit and
License Appeal Board. The term of Dorothy Phea
will expire on April 27, 1988.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Carpenter reappointing Dorothy Phea
on the Permit and License Appeal Board. Motion
carried: 7 Yeas; 0 Nays.
term expires September 14, 1990.
Motion was made by Councilwoman Trejo, seconded
by Councilman Patterson to appoint Bob Campbell
to fill the unexpired term of Bill Mayer-Dakes on
the Urban Design and Historic Preservation
Commission. Motion carried: 7 Yeas; 0 Nays.
There being no further business to come before Council, Mayor B. C.
McMinn adjourned the meeting at 1:20 p.m.
B. C. McHI N,`MAYOR
ATTEST:
i
L�
Rane to Boyd, City Secrets
ilry
READ AND APPROVED THIS 12Tj4 DAY OF MAY,
)(/_L -A$Ae
B. C. McMINN, MAYOR
ATTEST:
Ran(tte Boyd, City Secretary
322
AFFIDAVIT OF PUBLICATION
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
CITY OF LUBBOCK 9
BEFORE ME, the undersigned authority, on this day
personally appeared
T.J. AufiII , who, after being
by me duly sworn, deposes and says that W he is the
Account Manager of the
Lubbock Avalanche Journal, and that a
true and co rect copy of
the "NOTICE OF SALE," hereby attached,
was publishd in said paper on the following dates:
March 27, 1988
April 3, 1988
KOTlG8f7ft9ALg
xITYDFi.ift3�1tlC14781[A>E
April 10, 1988
The city of llle -city of
April 17, 1988
Texas.
Lubbock. Texas. will receive
sealed bids at the City Council
April 24, 198F
the 62S 3thr$treat.Lupbbock.Texas, first
of such publications being at least
thi '"Tt""'0°A'M"Central Daylight prior
Time. Thursday. APp{{II Y8. 1908, tar
the fohowirtg descriltTed bonds:
to the date of the public sale for the
obi ied to
therein.
fLS60.000 CRy o! LatAbock, Texas. �
f3enaral Qbtltlallon
Bonds. Series Im
Dated May 15. tM; princlpal due
February 1S at each Year as fol.
lows* $32S,000 each year 1909
through 19%and $=Me each Year
19" through 2008; Interest payable
February 15, 1M. and each August
IS and February 151hereafter.The AND SUBSCRIBED
city reserves the right, at Its op-
o C Pion, to redeem Bends maturing on l 9 8 8
L and after Februar 15 1— IF
February is. I"& or arty Interest
PBVmerd data Thereafter, at the Par
value thereof plus accrued interest
to the data fixed for Payment.
Further information may be ot-
tained from the Division of Fi-
nance, City of Lubback, P.O. Box
2000, Lubbock, Texas 791S7; or
from First Southwest Company,
Soo First City Center, 1700 Pacific
Avenue, ♦?alias, Texas 7S20i. Fi-
Aancial Consultants to the City.
Is1 RaneNe Boyd
CITY Secretary
■ N4 q t� City of Lubbock
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ai�r� tt�y hf: Cui:i•,usv:.,+ �.�;,,re5 J-6-91
Of
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Account Manager 27th
BEFORE ME, this the _ day
1
f IS
ary Public, State of Texas
My Commission Expires: 7-6-91