HomeMy WebLinkAboutMinutes - City Council - Regular - 1/12/1989CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
MINUTES
JANUARY 12, 1989
The City Council of the City ❑f Lubbock, Texas met in regular session
on the 12th day of January, 1989 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 ,loan Baker, Councilman
T. ►7. Patterson, Councilman Gary Phillips, Councilwoman Maggie Trejo,
Councilman Bill Maloy, Councilman George Carpenter, 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 Assistant City
Manager Rita Harmon.
( 2.} The Pledge of Allegiance was given in unison by
those in the Council Chambers.
3„} Motion was made by Councilman Patterson, seconded
by Councilman Phillips to approve the Minutes of
the December 15, 1988 Regular City Council
meeting as written. Motion carried: 7 Yeas; 0
Nays
Board Appointments
( 4„} Representatives from the Texas Commission for the
Blind Will appear to present the 1988 "Employer
of the Year" award to the City of Lubbock.
Kyle Fulton, member of the Texas Commission for
the Blind, appeared to present to the City of
Lubbock the 1988 Employer of the Year Award.
This award is in recognition of the active
recruitment and hiring of blind and visually
impaired Texans by the City of Lubbock.
5.} A representative of the Government Finance
Officers Association will appear to present the
Certificate of Achievement for Excellence in
Financial ReRorting to the City of Lubbock for
fiscal year ending September 30, 1987.
Judson Baliff, Assistant City Manager of Fort
Worth, representing GFOA Association, appeared to
present the Certificate of Achievement for
Excellence in Financial Reporting for Fiscal Year
ending September 30, 1987 to the City of Lubbock.
Lubbock has received this Certificate for four
consecutive years.
January 12, 1989
Page 2
89-48A-2-1
[ 6.) Don Taylor, representative _ofthe Vo-Tech
Steering Committee, will appear to request
approval of _a Resolution to create a Regional
Vocational Technical Training Center in Lubbock.
RESOLUTION 42991
RESOLUTION
WHEREAS, the City Council of the City of Lubbock wishes to
expand educational opportunities available to secondary and post-
secondary students in the City of Lubbock and Lubbock County; and
WHEREAS, the City Council of the City of Lubbock wishes to
assure the availability of a trained work force; and
WHEREAS, the City Council of the City of Lubbock wishes to
enhance the quality of life for the citizens of the City of Lubbock
and Lubbock County; and
WHEREAS, the City Council of the City of Lubbock wishes to
encourage South Plains College in the delivery of vocational -
technical education in the City of Lubbock and Lubbock County; NOW
THEREFORE:
BE 'IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the City Council of the City of Lubbock hereby
expresses its support for a tax referendum in Lubbock County for the
creation of a branch campus maintenance tax for South Plains College;
and
SECTION 2. THAT it is further resolved that this Resolution be
spread upon the official minutes of this meeting and a copy signed by
the Mayor and attested by the City Secretary.
Passed by the City Council this 12th day of January, 1989.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
ZsL Bob Cass
Bob Cass, Deputy City Manager
Is/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
Don Taylor, Superintendent of Schools at
Roosevelt Independent School District, appeared
on behalf of the BCD Vocational Technical
Steering Committee to provide Council with
information regarding the creation of a Branch
Campus Maintenance Tax for South Plains College
in Lubbock and to recommend that Council pass a
resolution supporting this. Mr. Taylor presented
a petition calling for an election, and Council
Members signed it.
January 12, 1989
Page 3
89-48A-3-2
( 8.)
Councilman Phillips asked who would control the
actual tax money, and Mr. Taylor stated that the
County Commissioners would. Councilman Phillips
replied that although he favors the idea, he has
a problem with Council recommending a tax
increase over which it has no control.
Mr. Taylor responded saying that even though City
Council won't control the money, the City of
Lubbock will definitely benefit from the training
which will be provided by the facility.
Councilman Carpenter pointed out that this would
be a designated tax for building maintenance of
Lubbock Branch only. He went ❑n to say that all
of the tax dollars will stay in Lubbock.
Motion was made by Councilman Patterson, seconded
by Councilman Malay to approve Resolution #2991
as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
ORDINANCE #9249
AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF
THE CITY OF LUBBOCK BY ADDING A NEW SECTION THERETO TO BE KNOWN AS
SECTION 28-59 WHICH SECTION PROVIDES FOR WHOLESALE WATER SERVICE TO
SPECIFIC AREAS OUTSIDE OF THE CITY'S CORPORATE LIMITS; PROVIDING
CONDITIONS FOR SUCH SERVICE; ADOPTING RATES FOR SUCH SERVICE; AND
PROVIDING FOR SEVERABILITY.
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter to pass on second and
final reading Ordinance #9249. Motion carried:
7 Yeas; 0 Nays.
89-48A-3-3
(13.)
Mayor McMinn announced that regarding Item #13,
Zone Case #2623, the proponents have asked for
continuance to February 23.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to continue the Public
Hearing until February 23 Council Meeting at the
request of the proponent. Motion carried: 7
Yeas; 0 Nays.
89-48A-3-4
[ 9.) ORDINANCE #9250--ZONE CASE #2624 (located south
of U.S. Highway 84 fClovis Roadl and Ursuline
Street) --Hold a Public Hearing on request of
David Go ette for Texas Commerce Bank for
zoning change from R-1 and C-4 to M-1 on a tract
out of Section 18, Block A.
January I2, 1989
Page 4
ORDINANCE #9250
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE NO. 2624; A ZONING CHANGE FROM R-1 AND C-4 TO M-I ZONING ON
A TRACT OUT OF SECTION 18, BLOCK A, LUBBOCK, TEXAS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
89-48A-4-5
('10. )
David Goyette appeared to present the request for
Zone Case #2624.
No one appeared in opposition to the request, and
Mayor McMinn closed the Public Hearing at 9:40
a.m.
Assistant City Manager Jim Bertram stated that
the Broadview gin previously was located on the
south side of Clovis Road at Ursuline Street, and
only the office remains on the site at the
present time. 200' from the front property line
is zoned C-4 and the balance remains R-1, having
never had a zone case filed since it was annexed.
Mr. Bertram gave the adjacent land uses as
follows:
North - Clovis Road and railroad
South - Vacant
East - Industrial
West - Developed with industrial uses.
The Comprehensive Land Use Plan showed this area
as industrial, and indicated a need for upgrading
the frontage along the major entry highways to
Lubbock. With that objective in mind, the
proponent filed the request to leave a I00' strip
of C-4 along Clovis Road and place the M-I
activities toward the interior of the development
tract.
Motion was made by Mayor Pro Tem Joan Baker,
seconded by Councilman Maloy to pass on first
reading Ordinance #9250 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
ORDINANCE #9251
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE NO. 2625; A ZONING CHANGE FROM R-I TO C-3 ZONING ON A TRACT
OUT OF SECTION 3, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS;
PRROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Randy Andrews appeared ❑n behalf ❑f Graco Real
Estate Development t❑ present this request for a
zoning change from R-1 t❑ C-3.
January 12, 1989
Page 5
Edward Arial presented a request for change to
the fencing requirements. He asked Council to
impose restriction that the fence be totally
constructed of masonry or brick and that no wood
inserts be allowed.
Mayor McMinn closed the hearing at 9:45 a.m.
Councilman Patterson asked if Mr. Arial and
proponent could work out a settlement prior to
second reading. Mr. Arial stated he didn't know
if that was possible.
Mayor McMinn then asked if the main abjection to
the proposed fence is because of potential noise
problems. Mr. Arial stated that that is his
concern.
Mr. Andrews said that a solid brick fence would
be expensive and could possible drive the cost of
the project out of reach. He said that that type
of fence is also difficult and expensive to
repair and doesn't tolerate the West Texas high
winds well. He agreed that a masonry fence could
be installed behind the structure and that a
fluted block or similar material could be used.
Assistant City Manager Jim Bertram gave the
adjacent land use relationships as follows:
North - Rip Griffin offices and single-
family
South - Single-family
East - Duplexes and apartments
West - A restaurant and apartments
The current approved Comprehensive Land Use Plan
shows commercial for the entire tract.
Mr. Bertram said that at the P&Z Hearing the
neighborhood to the south expressed concern about
what buffer they might expect to be provided.
The spokesman of the group used the 1986
Comprehensive Land Use Plan for a challenge to
the Planning Commission to protect their
interests. Although the tract is clearly shown
as commercial, he spoke as though the neighbors
felt the zone request involved a Plan change.
Policy #4 of the Plan notes four tests to be made
prior to a Plan change. One of those tests
states: "The change is generally acceptable to
adjacent land owners who have made investments in
their property."
While the neighborhood request for the Planning
and Zoning Commission to make a finding that
conditions have changed is misdirected, and
regardless of whether the map was prepared
correctly in 1983 and 1986, the staff indicated
to the Planning and Zoning Commission that the
Plan is clear about the benefits of buffering and
that topic should be addressed in the hearing.
The neighborhood presented two proposals:
January 12, 1989
Page 6
1. Continue 5th Street to Slide Road and zone
that area R-2 similar to the duplexes east
of the site. (The group did admit that
reducing the tract by the R-2 lots and
street width would create a less than
effective commercial piece of property.)
2. The spokesman submitted a written statement:
"What zoning conditions should be added to
ensure an adequate buffer between the
existing residential area and the proposed
commercial area?; with four conditions:
a. A solid 7' masonry fence with no
entrance to the alley be erected
on the side of the alley opposite
the residential housing.
b. Either a 100' setback, or a 50'
setback with loading docks away
from the side of the commercial
buildings which face the back of
the residential housing.
C. No incinerators, motors, or
compactors on the side of the
commercial buildings which face
the back of the residential
housing.
d. Notification of the review of the
site plan sent out at least two
weeks before the review, so that
the neighborhood can consider the
plan before the review."
The requirements of standard C-3 zoning are as
follows:
1. A 5' setback on the south property
line.
2. A 6' wood or masonry fence on the south
property line.
As noted above, the residents maintained that the
minimum requirements are not sufficient.
The change in zoning should produce no greater
effect on the thoroughfare system than would be
expected for commercial development adjacent to
two major thoroughfares. Residents of the area
have become accustomed to less traffic at this
intersection than will be present when the
adjacent commercial property is fully developed.
The developer did not intend to discuss a site
plan at this time, but had a conceptual plan
available. The neighbors were relieved to see
the grocery store back to the east, with only a
strip center backing to the south (toward the
single family). The Planning Commission
discussed the various proposals at length, and
recommended approving the case with the following
conditions:
a. That a 7' masonry or combination brick
pier/wood insert fence shall be
required on the south property line and
adjacent to the existing duplex.
January 12, 1989
Page 7
b. That a 25' setback shall be required on
the south property line and that the
setback shall be as drawn on the
preliminary Site Plan on the east
property line.
C. That no incinerators, motors or
compactors shall be located on the
south side of the buildings.
d. That a Site Plan, including building
elevations showing materials, color and
texture shall be submitted and approved
by the Planning and Zoning Commission
prior to the issuance of a Building
Permit. Two weeks prior to the review,
the City Staff shall notify the
residents within a 200' distance.
Staff recommended approved of the request with
the noted conditions.
Motion was made by Councilman Carpenter, seconded
by Councilman Phillips to pass on first reading
Ordinance #9251 as recommended by Staff. Mr.
Andrews is to work out before second reading of
this Ordinance the type of masonry fence to be
constructed behind the building. Motion carried:
7 Yeas; 0 Nays.
89-48A-7-6
{il.} ORDINANCE #9252--ZONE CASE #2104= H{located east
of Slide Road and north of 80th Street} --Hold a
public hearing on request of David Goyette {for
Gilliland & Hall Enterprises} for zoning change
from A-1 to GO on Tract C Woodland Park
Addition.
ORDINANCE #9252
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE NO. 2104-H; A ZONING CHANGE FROM A-1 TO GO ZONING ON TRACT
C, WOODLAND PARK ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
David Goyette presented this request for a zoning
change and stated that the proposed fence will be
inset from the property line to allow for
additional landscaping by proponent.
Greg Homesley, President of the Timer Ridge
Homeowners Association, and Dan Burnett, owner of
Master Cleaners, spoke in favor of this request.
Polly Price and Mary Slater requested explanation
of the plan for traffic flow from the drive -
through window and Mr. Goyette gave that
explanation.
Mike Wonten expressed his ❑pinion that proponent
should purchase property already zoned for
commercial use and not request rezone of this
area.
January 12, 1989
Page 8
Councilman Carpenter pointed out that this is a
reasonable request and one which Council has
granted many times. He said it has been Council
policy to interchange A-1 and GO if requested.
Mayor McMinn closed the hearing at 10:25 a.m.
Assistant City Manager Jim Bertram reported that
when this request was filed, a seemingly routine
case became a discussion of several issues
relative to the Garden Office District. The
greatest concern expressed by adjacent owners was
whether the GO District was intended to include a
23,000 square feet office on a 2.7 acre site.
Additionally, the drive-thru window is a concern
to the neighborhood for creating additional
traffic.
The Planning and Zoning Commission reviewed the
purpose statement from Garden Office:
(a) Purpose. The purpose of this district
is to provide for quality garden office
development through proper planning and
design. The regulations are intended to
produce an attractive environment which will
insure the compatibility between offices and
adjacent uses and promote a stable
environment between residential and com-
mercial uses. When proposed garden office
development is adjacent to any residentially
zoned property, design standards and site
planning shall provide for maximum
compatibility with the adjacent residential
zoning districts.
Staff requested a finding concerning two items in
the purpose statement:
1. Does the request seem to "promote
compatibility between the proposed
office and adjacent residential?", and
2. Does the intended use "promote
stability" (as a buffer) between the
single family to the north and the
commercial zoning to the south?
The adjacent land use relationships are as
follows:
North - Townhome and single family
South - Vacant C-2
East - A-1 developed as condominium
units
West - Vacant
The area west of the townhome development along
Zoar Avenue is zoned approximately 50% C-2 and
50% C-2A and is developed as offices.
The Planning and Zoning Commission reviewed the
Comprehensive Land Use Plan buffer policy,
including the original intent for "GO" to be
interchangeable with A-1 and A-2 as buffer zones.
January 12, 1989
Page 9
The size of an office or tract is not limited in
GO. The Staff maintains that, properly site -
planned with the drive-thru on the 80th Street
frontage and with the required screening fences,
the proposal is as good as or better than the
100± apartment units that could be built on the
site. The Planning and Zoning Commission
reviewed a recent zone case on 81st Street
between Akron and Boston Avenues where 7.46 acres
were rezoned GO. While the shape of the lots is
different than the proposed site off 80th Street
and Slide Road, the Commission discussed whether
numerous small offices on 7+ acres generate more
or less traffic than one large office on 2.7
acres.
Traffic generation tables show 145 trips per -day
per -acre of "general offices" and 6 trips per -day
per -apartment. Energas said that the current
drive thru handles about 3,000 vehicles per month
which equals 150 vehicles per 20 working days.
Vehicles -per -day at 145 trips X 2.7 acres equals
391 trips plus 150 trips for a drive thru,
generates 541 vehicles -per -day for the office.
Recognizing that the 100 unit apartment complex
may not be the unit mix that would be built on
this site, an estimate for daily trips for that
number of apartments (100 units ±) the site would
generate 600 trips. The two estimates are so
close that traffic generation should be an equal
factor on both sides.
The neighborhood expressed concern for additional
traffic in the area. With the required fences,
there is no access to 79th Street or any part of
the single-family to the north. Any use of the
land will generate new traffic, and development
of the C-2 tract south of 80th Street will
further increase traffic at 80th Street and Slide
Road and York Avenue and 82nd Street. 80th
Street and York Drive are built to the "R-2"
street width to accommodate secondary commercial
and higher -density traffic.
The Planning Staff recommended the request as
equal or better than A-1. Since opposition to
the zone change from adjacent landowners is
substantially greater than 20%, the City Council
can only approve the request with six affirmative
votes. The Commission approved the request with
three conditions:
a. That a Site Plan, including building
elevations and showing materials, color
and texture shall be submitted and
approved by the Planning and Zoning
Commission prior to the issuance of a
building permit. Two weeks prior to
the review, the City staff shall notify
the residents within a 200 feet area.
b. That a 7' masonry fence shall be placed
adjacent to 79th Street.
C. That a 7' fence of a design approved by
the Engineering Department shall be
placed on the east property line.
January 12, 1989
Page 10
Staff recommended that Council uphold the
Planning and Zoning Commission with additional
understanding that Staff will pursue the erecting
of a barrier on City land to prevent access
through Timberidge.
Those in opposition agreed that they would have
no objection if the City erects this barrier.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Carpenter to pass on first reading
Ordinance #9252 as recommended by Staff with
conditions recommended by the Planning and Zoning
Commission. Motion carried: 7 Yeas; 0 Nays.
89-48A-10-7
(12.1 ZONE CASE #2183-B located northwest corner of
84th Street and Slide Road) --Hold a public
hearing ❑n appeal of Duane McQueen, A.T.A. (for
Charles H. Gilliam, D.D.S.) for zoning change
from R-2 Specific Use to GO on Lots 1342-1345,
Meadows Addition, and consider Ordinance.
Duane McQueen appeared to explain his appeal of
P&Z Commission recommendation to deny the
request.
Marvin Gault appeared to appose the request, and
stated that apartments and condos are commercial
property and townhouses are residential and that
the Zoning Ordinance should be changed to
differentiate between the two.
Tom Haney and William B. Lowery also appeared in
apposition.
Mayor McMinn closed the Public Hearing at 10:46
a.m.
Assistant City Manager Jim Bertram stated that
this case is an appeal of Planning and Zoning
Commission denial from September 1, 1988 hearing
which generated a considerable amount of
apposition. He gave adjacent land uses are as
follows:
North _ Commercial
South - Townhomes in R-2 zoning
East - Lakeridge Golf Course
West - Townhomes in R-2 Specific Use
Zoning
According to Mr. Bertram, this request represents
a conflict between the use of a general policy
for buffering commercial uses and apposition of
homeowners directly or indirectly involved. The
Comprehensive Land Use Plan indicates a need for
buffering commercial uses from single-family
detached by increased density residential zoning.
R-2 for duplexes or townhomes and R-1 Specific
Use for townhomes have traditionally been
acceptable for buffering, along with A-1 and A-2
zoning. The recently adopted Garden Office (GO)
District is also an approved buffer. Whether or
not a mix of the GO with duplex/townhome zoning
creates a compatible buffer is the basis of the
apposition.
January 12, 1989
Page 11
The proposed dentist's office would occupy four
east lots on the north side of 84th Street
adjacent to Slide Road. The proponent owns the
two townhome lots immediately west of the
proposed change, and would be responsible (in
theory) for the marketing problem of that land if
the GO is not compatible with residential. The
lots on the south of 84th Street are owned or are
in contract, with one exception, to a trust
and/or individuals from one family. Through
their representation, all of that land as well as
three townhome lots on the north side of 84th
Street were in opposition. The combined total of
opposition square footage was 17.5% on September
1, 1988.
Staff presented a "neutral" recommendation to the
Planning and Zoning Commission since the merits
of mixing zone districts that are otherwise
acceptable for buffering are at odds with
neighborhood residents/owners. Discussion by the
Planning and Zoning Commission resulted in voting
in favor of the residents. Mr. Bertram advised
that due to opposition of the residents, Staff
supports the denial of the request by the
Planning and Zoning Commission.
Motion was made by Councilman Malay, seconded by
Councilwoman Trejo to uphold the Planning &
Zoning Commission recommendation to deny the
request. Motion carried: 7 Yeas; 0 Nays.
89-48A-11-8
{ 7„j A representative will appear on behalf of the
Lubbock Cultural Affairs Council to present the
following_ items:
A. Consider recommendations for awarding
of Art Grants for the „second grant
period -of 1988.
Assistant City Manager Rita Harmon presented a
recommendation from the Grant Review Committee.
She recounted that an Agreement was approved by
Council on January 14, 1988, authorizing the City
to pay to the Cultural Affairs Council $81,521 to
be used for encouragement, promotion, and
improvement of all forms of art in the community.
This payment represents the amount collected from
one-half cent of the Hotel/Motel Tax during FY
ended September 30, 1987. The Agreement provides
that a Review Committee of the Cultural Affairs
Council receive and evaluate applications for
grants and make recommendations to the City
Council their award.
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter to award Art Grants for
the second grant period of 1988 as follows:
Westwinds Brass Band, Concert Series
West Texas Museum Association, Taos Founders
Collection: Walter Ufer
Music & Theatre Arts Departments, TTU
"Beggar's Opera"
January 12, 1989
Page 12
Music & Theatre Arts Department, TTU
Lubbock Summer Rep
West Texas Music Association
1989 West Texas Family Music Festival
City of Lubbock Fine Arts Center,
Texas Triennial Exhibit
Lubbock Cultural Affairs Council
1989 Lubbock Arts Festival
Science Spectrum, Arts Exhibits
KOHM-FM, KOHM Music Library
Division of Continuing Education, TTU
Poetry, Songs & Tales of the American
Cowboy: A National Symposium & Celebration
Ballet Lubbock, "Cinderella" Ballet
Motion carried: 7 Yeas; 0 Nays.
B. Presentation of check for interest
earnings to the City of Lubbock.
Assistant City Manager Harmon presented a check
in the amount of $4,154.93. The 1988 Agreement
with the Cultural Affairs Council provided that
$4,076.05 of funds paid by the City would be
placed in an operating account to be used for
administrative costs, with all other funds to be
placed in an interest -bearing account pending
dispersal to grantees, and all the interest
earned to be rebated to the City.
C. Consider Resolution #2992 authorizing
the Mayor to sign an Agreement with the
Lubbock Cultural Council for an
Arts Grant Program for 1989.
RESOLUTION #2992
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 by and between the City of Lubbock and the
Lubbock Cultural Affairs Council, 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 12th day of January, 1989.
Is/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT: APPROVED AS TO FORE:
Rita P. Harmon /s1 Donald G. Vandiver
Rita Harmon, Assistant City Manager Donald G. Vandiver, First
for Public Safety and Services Assistant City Attorney
January 12, 1989
Page 13
STATE OF TEXAS §
COUNTY OF LUBBOCK §
AGREEMENT
This agreement between the City of Lubbock, a municipal
corporation ("City") and the Lubbock Cultural Affairs Council, a non-
profit Texas corporation ("Council"), for the purposes and
considerations hereinafter expressed:
WTTNESSETH:
WHEREAS, Section 351.002 V.T.C.A. Tax Code authorizes the City
to levy by ordinance a hotel occupancy tax which may not exceed seven
percent of the consideration paid by hotel occupants; and
WHEREAS, Section 351.101 V.T.C.A. Tax Code authorizes the City
to use a portion of the revenue derived from its hotel occupancy tax
for the encouragement, promotion, improvement and appreciation of the
arts; and
WHEREAS, there is now on deposit in the City's General Fund
$94,839 (the "Funds") collected by the City on or before September
30, 1988, for the fiscal year ending on that date, which funds
represent that portion of the hotel occupancy tax that may be
disbursed for the encouragement, promotion, improvement and
appreciation of the arts as heretofore stated; and
WHEREAS, the Council which is comprised of a representative
cross-section of those interested in and participants of the Lubbock
arts community, has proposed certain Guidelines (hereinafter
"Guidelines" that are attached hereto as Exhibit A and made a part
hereof and incorporated by reference herein for all purposes) and
said Guidelines require a Review Committee to recommend to the City
how the Funds should be distributed:
NOW COME, THEREFORE, the City and Council and each agrees as
follows:
1. The City does hereby adopt, ratify and affirm the
Guidelines attached hereto and the procedures set forth therein.
2. The City agrees to pay to the Council the sum of $94,839
herein referred to in three equal installments of $31,613, the first
installment to be paid upon the execution of this agreement by both
parties, the second on or before August 15, 1989, and the third on or
before November 15, 1989.
3. From the first installment paid by the City, $4741.95 may
be deposited by the Council in its operating account and used to pay
the estimated administrative costs of the disbursement of the Funds.
The balance of that installment and all other installments shall be
deposited pending disbursement to application grantees in an interest
bearing account at a depository of the Council's choosing. The
principal amounts of the installments only shall be expended as
approved, with the interest being rebated to the City at the end of
the term of this agreement (or sooner at the convenience of the
parties).
4. The funds shall be disbursed to application grantees in
accordance and only in accordance with the Guidelines attached
hereto.
January 12, 1989
Page 14
5. If the review Committee as created in the Guidelines
approves applications for grants in excess of the amount disbursed by
the City in either the first or second installments, but less than
the total amount of $94,839, the City, in its discretion, may advance
the additional amount requested prior to when the remaining
installment or installments are scheduled to be paid.
6. The Council shall keep careful books and records as to
the administrative costs of the disbursement of the Funds and as to
the disbursement of the Funds themselves and how they are spent by
the application grantees, shall allow City representatives to have
access to the books and records at all times, and shall make at least
quarterly reports to the City. The Council will, annually, furnish
the City with a financial report detailing how each grantee has
expended its grant funds.
7. The Council shall allow the City's accountants to audit
the use of the Funds and shall be responsible for the costs of the
audits [which may be paid from the Funds], and any other expenses
incurred by the City in assuring that said funds are properly
disbursed by the Council.
8. The Council does hereby indemnify the City from any
liability arising out of the disbursement and use of the Funds
including, but not limited to, any cause of accident or claim arising
at events made possible or partially possible by the Funds, and the
Council agrees to hold the City harmless therefrom.
9. The Council will request that each grantee of the Funds
incllude the following acknowledge on printed programs or other
information produced by the grantees: "This program (exhibit) is
made possible in part through a grant from the City of Lubbock, as
recommended by the Lubbock Cultural Affairs Council."
10. This agreement expires December 31, 1989.
Executed this 12th day of January, 1989.
THE CITY OF LUBBOCK
/s/_ B. C. McMinn
B.C. McMinn, Mayor
ATTEST:
ZsL Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
LsL Rita P. Harmon IsZ Donald G. Vandiver
Rita P. Harmon, Assistant City Manager Assistant City Attorney
for Public Safety and Services
EXHIBIT A FILED WITH RESOLUTION #2992.
Assistant City Manager Rita Harmon stated that
each of the past ten years, Council has approved
an Agreement with the Lubbock Cultural Affairs
Council authorizing the City to pay a portion of
the revenues collected from the Hotel/Motel Tax
for the encouragement, promotion, and improvement
of all forms of art in the Community. This
Agreement also provided for a Review Committee of
the Cultural Affairs Council to receive and
evaluate applications for art grants, making
recommendations to Council for awarding of these
grants.
January 12, 1989
Page 15
The Cultural Affairs Council recommended that an
Agreement be approved to continue this program
through 1989 and that $94,839 be paid to the
Cultural Affairs Council in three equal
installments.
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker to authorize Resolution
#2992 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
89-48A-15-9
(14.) Hold a Public Hearing regarding request of Mr.
Juan Luna of Elegance Royale Limousine for
Limousine Permit renewal and take appropriate
action.
The limousine service permit for Elegance Royale
Limousine owned by Mr. Juan Luna expired on
November 19, 1988. Mr. Luna presented his
request for renewal in spite of the fact that his
financial statement shows his business is
operating at a loss and that he has many
outstanding debts. He stated he would do his
best to continue to try to serve Lubbock with his
limousine service and would try to take care of
his financial obligations.
June Henley appeared favoring Mr. Luna's request
for permit.
Linda Kanahans and David Woody appeared in
apposition to this request for permit.
Mayor McMinn closed the Public Hearing at 11:14
a.m.
Assistant to the City Manager Trent Petty
reminded Council that in determining the
Limousine Permit, the Council by Ordinance is
required to consider the following factors:
1. The financial responsibility of the
applicant.
2. The number, kind, age and type of
equipment and the color scheme to be
used by the applicant.
3. The probable effect of increased
service on local traffic conditions.
4. Whether the safe use of the streets of
the City by the public, both vehicular
and pedestrian, will be endangered
unduly by the granting of the proposed
additional service.
5. The character, experience and
responsibility of the applicant.
6. Whether the applicant is fit, able and
willing to perform the service ❑n a
regular and continuous basis.
Mr. Petty went on to advise Council of the
following events which took place during the past
permit year.
January 12, 1989
Page 15
In September of 1988, Mr. Luna's airport
service authorization was suspended. The
suspension was due to the fact that Mr. Luna
was not able to comply with airport rules and
regulations concerning maintaining enough
vehicles to meet all incoming scheduled
commercial flights. Mr. Luna had been warned
in a memo dated May 17 that Elegance Royale
was not complying with rules and regulations
and that if the situation were not corrected,
the permit would be suspended. During this
time period Mr. Luna claims both of his two
remaining limousines were in the shop for
repairs.
In addition, Mr. Luna did not have proof of
workers' compensation insurance as also
required by the airport rules and regula-
tions. The Airport Board lifted Mr. Luna's
suspension following his compliance with the
insurance requirements and an agreement with
the Airport Board to devote one of his two
limousines to airport service. During the
Airport Board's questioning, it was also
brought out that Mr. Luna had been employing
a driver in 1988 that no longer had a valid
Texas driver's license nor a Chauffeur's
License.
On August 22, Woody Tire Company called the
City Manager's Office asking that Elegance
Royale's permit be revoked due to the fact
that Mr. Luna had failed to pay for several
tires he had purchased.
There have also been a number of complaints
against Elegance Royale during the last
permit year.
1. Complaint from the Mayor of
Lamesa, Mr. Don Bethel, regarding
loss of baggage.
2. Complaint was received from Mrs.
Linda Knehans of 3703 102nd Place
alleging that an Elegance Royale
Limousine driver had rear -ended
her vehicle. She said the driver
told her that he did not have
insurance information. The
accident happened in August and
was not resolved until October
when Elegance Royale paid for the
damages. The driver of the
limousine no longer works for
Elegance Royale.
3. On November 10, 1988, the Lubbock
International Airport Security
Office was contacted by the
Sheriff's Office and advised to
take Mr. Luna into custody on a
warrant for arrest. Mr. Luna was
taken into custody at 2:10 p.m.
January 12, 1989
Page 17
4. On November 3, 1988, the Lubbock
Sheriff's Office contacted the
Lubbock International Airport
Security Office and advised that
a warrant had been issued for Mr.
Luna and that the Security Office
was to detain Mr. Luna if he
appeared at the airport. Mr.
Luna was detained at 4:20 in the
afternoon. The Sheriff's Office
served Mr. Luna a misdemeanor
assault warrant at 4:35 and Mr.
Luna was transported to the
Lubbock County Sheriff's Office.
5. In March, 1988, Mr. Luna was sued
jointly and individually on debt
by Southwestern Bell Media, Inc.
Mr. Luna has been given an "unsatisfactory"
status by the Better Business 8ureau. The
BBB informed the staff that Mr. Luna has made
no attempt to rectify his status.
Mr. Luna acknowledged the financial difficulties
he endured during 1988 and attributes much of the
problem to employees exercising poor judgment.
He stated that he is now the business manager for
Elegance Royale Limousine and hopes to put the
company back on its feet in a profitable mode as
soon as possible.
In summarizing the six items mentioned above that
are in the ordinance regarding issuance of the
permit, Staff stated that #2, indicating the
number, kind, age, etc., of equipment to be used
is not a concern and Mr. Luna meets that
criteria. As far as #3, this permit would not
affect local traffic conditions significantly.
Also, criteria #4 with respect to endangering the
use of streets by the public would not be a
concern. Staff also anticipates that on item #6
Mr. Luna is willing to perform the service on a
regular and continuous basis.
Mr. Petty pointed out that this would not
necessarily mean that Mr. Luna is able to
continue servicing the airport if he does not
have sufficient vehicles for that, but stated
that this is a separate issue from the Airport
Service Permit.
It was the stated opinion of Councilman
Carpenter, Councilman Maloy, and Councilman
Phillips that due to continuing financial and
other problems, they could not support permit
renewal.
Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo to renew the Limousine
Permit for Elegance Royale Limousine. Motion
failed: 2 Yeas; 5 Nays --Councilman Maloy,
Councilman Phillips, Councilman Carpenter, Mayor
Pro Tem Baker, and Mayor McMinn.
January 12, 1989
Page 18
89-48A-18-10
(15.) Consider Resolution 42993 acce tin avin
improvements constructed by Craft_ Construction
Corporation in West View Addition, Lots 25-52.
RESOLUTION 42993
RESOLUTION
RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND
AVENUES AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions
of City Ordinance 1331, the subdivider of West View Addition, Lots 25
thru fit made arrangements with Craft Construction Corporation 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
inclluding the following streets:
70th Street from its intersection with a line 15 feet
east of east property line of Grover Avenue to and
including Cul-de-sac east of Grover Avenue known and
designated as New Subdivision Sub -Unit Number 40 of Unit
Number 2033.
71st Street from its intersection with a line 15 feet
east of east property line of Grover Avenue t❑ its
intersection with a line 15 feet west of west property
line of Genoa Avenue known and designated as New
Subdivision Sub -Unit Number 41 of Unit Number 2033.
Genoa Avenue from its intersection with a line 7 feet
north of north property line of Alley north of 72nd
Street to its intersection with a line 15 feet west of
west property line of Genoa on 71st Street known and
designated as New Subdivision Sub -Unit Number 42 of Unit
Number 2033.
East 1/2 of Homestead Avenue from its intersection with
line 15 feet south of south property line of 71st Street
to its intersection with a line 7 feet south of south
property line of Alley south of 71st Street known and
designated as New Subdivision Sub -Unit Number 43 of Unit
Number 2033.
Grover Avenue - construction of Alley returns between
70th and 71st Streets and north of 70th Street on east
side of Grover Avenue known and designated as New
Subdivision Sub -Unit 44 of Unit Number 2033; and
WHEREAS, the construction of the above improvements on the
above -mentioned streets was performed under the supervision of the
City Engineer, and said improvements have been completed and have
been inspected and found to have been constructed in accordance with
City specifications and in accordance with the provisions ❑f 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 Lubbock City Council.
January 12, 1989
Page 19
SECTION 2. THAT this Resolution shall take effect and be in
force from and after its passage.
Passed by the City Council this 12th day of January, 1989.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED A5 TO CONTENT:
/s/ Larry Hertel
Larry D. Hertel, City Engineer
89-48A-19-11
(16.1
s B. C. McMinn
B. C. McMINN, MAYOR
APPROVED A5 TO FORM:
/s/ J . Worth „-Full ingin
J. Worth Fullingim, Assistant
City Attorney
This is a routine acceptance of paving
improvements required at the time of platting
this subdivision. This subdivision is one block
west of Frankford Avenue and on both sides of
70th and 71st Streets. There is no City cost due
the contractor and Staff recommended approval.
Motion was made by Councilman Carpenter, seconded
by Councilman Phillips to authorize Resolution
#2993 as recommended by Staff Motion carried: 7
Yeas; 0 Nays.
RESOLUTION #2994
RESOLUTION
1988 ASSESSMENT PAVING PROGRAM
WHEREAS, the City Council of the City of Lubbock by a
Resolution passed on November 10, 1988, in regular session of said
City Council declared a necessity for and ordered the improvement of
those certain streets, highways, and alleys or portions thereof in
the City of Lubbock, Lubbock County, Texas, as more particularly
described hereafter, by excavating, grading and paving the same and
by the construction of drainage facilities therein and by the
construction of curbs and gutters wherein curbs and gutters are not
now in place, and directing the City Engineer to prepare plans and
specifications for said improvements; and
WHEREAS, the plans and specifications for the improvements of
said highways, streets and alleys have now been duly approved by the
City Council of the City of Lubbock, Lubbock County, Texas; and
WHEREAS, it appears to the City Council of the City of Lubbock,
Lubbock County, Texas, to be necessary in the public interest to make
the improvements herein designated on those certain highways, public
streets and alleys or portions thereof; NOW THEREFORE:
January 12, 1989
Page 20
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT improving the hereinafter described highways,
streets and alleys or portions thereof, located within the City of
Lubbock by excavating, grading and paving the surface thereof and the
construction of drainage facilities therein as well as the necessary
curbs and gutters which are not now in place be and are hereby found
to be a necessity.
SECTION 2. THAT the cost of making such improvements be partly
paid for by the City of Lubbock and partly by the property abutting
upon the hereinafter described highway, street or streets and alleys
or portions thereof which are hereby ordered to be improved, and the
owners of such property as a personal liability after public hearing,
all in accordance with and as required by Article 1105b, of the
Revised Civil Statutes of Texas as currently amended.
SECTION 3. THAT the portions of streets and alleys which
improvements are proposed to be constructed and the abutting property
proposed to be assessed for said improvements designated and defined
by Unit and Sub -Unit are as follows:
UNIT AND
SUB-LU_NIT ALLEYS (10' WIDE)
A-461-06 E-W alley between
23rd St. & 24th St.
UNIT AND
SUB -UNIT STREET (36' WIDE)
2240-77 78th Street
2240-78 78th Street
UNIT AND
FROM TO
Canton Avenue Elgin Avenue
FROM TO
Tahoka Highway Avenue "F"
Avenue "F" Avenue "D"
SUB -UNIT STREET 64' WI E FROM TO
2240-79 Quirt Avenue 50th Street Slaton Highway
SECTION 4. THAT the City Secretary be and is hereby authorized
and directed to prepare a certified copy of this Resolution and to
record or cause same to be recorded in the Real Property Records of
Lubbock County, Texas.
SECTION 5. THAT this Resolution shall take effect and be in
force from and after its passage.
Passed by the City Council this 12th day of January, 1989.
ATTEST:
LsL Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
LsL Larry Hertel
Larry D. Hertel, City Engineer
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
s J. Worth Fullin im
J. Worth Fullingim, Assistant
City Attorney
January 12, 1989
Page 21
89-48A-21-12
(17..)
This is the third of a series of five Resolutions
and one Ordinance used in the procedure for
levying assessments. A copy of this Resolution
is to be filed in the Real Property Records of
Lubbock County and the filing of such Resolution
will alert the public and anyone doing title work
that assessment will be forthcoming. This paving
program includes more than a mile of paving on
Quirt Avenue from 50th Street to Slaton Highway,
two blocks on 78th Street from Avenue D to Tahoka
Highway, and one block of alley paving between
23rd and 24th Streets and between Canton and
Elgin Avenues. Staff recommended approval.
Motion was made by Councilman Carpenter, seconded
by Councilman Phillips to authorize Resolution
#2994 as recommended by Staff. Motion carried: 7
Yeas; 0 Hays.
RESOLUTION #2995
RESOLUTION
WHEREAS, representatives of the Texas State Department of
Highways and Public Transportation have orally requested the Mayor of
the City of Lubbock to execute on behalf of said City the Title Sheet
of the plans for the construction of highway improvements as
hereinafter described in the body of this Resolution; and
WHEREAS, the City Council of the City of Lubbock finds it would
be In the interest of the public safety and welfare to grant such
request; 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 the Title Sheet for the plans for the construction of highway
improvements on 19th Street (U.S. 52) from Interstate Highway 27 to
Brownfield Highway (U.S. 82) as prepared by the said Texas State
Department of Highways and Public Transportation.
Passed by the City Council this 12th day of January, 1989.
ATTEST:
LsL Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Larry Hertel
Larry D. Hertel, City Engineer
Isj B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Isj J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
January 12, 1989
Page 22
89-48A-22-13
(18.)
89-48A-22-14
(19.)
This project consists of asphaltic concrete
pavement overlay (Hot Mix) with fabric undersea]
over the existing pavement, to be let in
April/Flay 1989. Staff recommended approval.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to authorize Resolution
#2995 as recommended by Staff. Motion
carried: 7 Yeas; O Nays.
Consider request of Western Reserves Oil Company,
Inc. for a bond reduction for L.C. Wheeler #3.
This is a routine request as provided at Section
24-128(a) of the City of Lubbock Code of
Ordinances. When a well is completed, the
permittee is entitled to request a reduction in
the bond or letter of credit from $25,000 to
$10,000. A letter requesting reduction of the
above mentioned bond was submitted to the
Planning office on December 9, 1988. Drilling
operations have been completed. The Planning
Staff recommended approval of the reduction.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to approve bond reduction
for L.C. Wheeler #3 as a request from Western
Reserves Oil Company. Motion carried: 7 Yeas; a
Nays.
6 Marlin Park Addition to the -City of Lubbock
Southwest corner of North Detroit and Grinnell).
RESOLUTION #2996
RESOLUTION
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
Detroit 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:
6E IT RESOLVED 6Y 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:
Lot One (1), Block Six (6), Marlin Park Addition to the
City of Lubbock, Lubbock County, Texas.
January 12, 1989
Page 23
SECTION 2. THAT the owners of said tract, including Dewey
Letson and his wife, Mary E. Letson, BE offered through the Right -of -
Way Department of the City of Lubbock the amount of $25,000, 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 12th day of January, 1989.
ATTEST:
Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Is1 Ed Bucy
Ed Bucy, Right -of -Way Agent
89-48A-23-15
(20.)
Is/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
jsj J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
This property is located at the southwest corner
of North Detroit Avenue and Grinnell Street,
street address 2901 Grinnell. This property is
needed for the widening of Detroit Avenue from
4th Street north to Clovis Road through bond sale
revenue.
In this widening project, there are 14 parcels of
an original 15 remaining to be acquired. Of this
14, 10 are residential whole takings and 4 are
commercial. Of the 10 residential, 9 will
require relocation. Of these 9 to be relocated,
5 are owner -occupied. Of the 4 commercial struc-
tures, 1 will be an improvement and land taking,
1 will require reconstruction of a new parking
area and land taking, and 2 will be land only.
The appraiser of these properties along Detroit
Avenue was Jimmy Goddard, M.A.I., who appraised
this property at $25,000, which is our offer to
Mr. and Mrs. Letson. Of this $25,000 offer,
$1,359 is the appraised value of the land and
$23,641 is the appraised value of the
improvements. Staff recommended approval.
Motion was made by Councilman Carpenter, seconded
by Councilman Phillips to authorize Resolution
#2996 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
Dartmouth].
RESOLUTION #2997
January 12, 1989
Page 24
RESOLUTION
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
Detroit 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:
The East fifty feet (E 50') of Lot One (1), Block Four
(4), Tech Gardens Addition to the City of Lubbock,
Lubbock County, Texas.
SECTION 2. THAT the owners of said tract, including Charles
Emerson Haley and Myrtis DeLoris Haley Lindsey, BE offered through
the Right -of -Way Department of the City of Lubbock the amount of
$27,000, 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 12th day of January, 1989.
ATTEST:
ZsL Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
ZsL Ed Bucv
Ed Bucy, Right -of -Way Agent
/s/ B. C. McMinn
B. C. McMINN, MAYDR
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
This property is located at the southwest corner
of Detroit Avenue and Dartmouth Street, street
address being 2901 Dartmouth, and the property is
needed for the widening of Detroit Avenue. The
appraiser on this project was Jimmy Goddard,
M.A.I. The Haleys are being offered $27,000 for
this property, which is the appraised value.
Jimmy Goddard appraised the improvements at
$25,694 and the land at $1,306. At the time of
appraisal, the property was vacant, but is
usually rented out. Staff recommended approval.
Motion was made by Councilman Carpenter, seconded
by Councilman Phillips to authorize Resolution
#2997 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
January 12, 1989
Page 25
89-48A-25-16
(21.)
Champion for Lot 10 Block 2 Tech Gardens
Addition to the City of Lubbock Northwest corner
of North Detroit and Duke).
RESOLUTION #2998
RESOLUTION
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
Detroit 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:
Lot Ten (10), Block Two (2), Tech Gardens Addition to the
City of Lubbock, Lubbock County, Texas.
SECTION 2. THAT the owners of said tracts, including Edwardo
Champion, Jr. and his wife, Paula A. Champion, BE offered through the
Right -of -Way Department of the City of Lubbock the amount of $23,000,
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 condemn-ation (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 12th day of January, 1989.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucv
Ed Bucy, Right -of -Way Agent
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim,
Assistant City Attorney
This property is located at the northwest corner
of Detroit Avenue and Duke Street, street address
2902 Duke. This residential property is needed
for the widening of Detroit Avenue. The
appraiser on this project was Jimmy Goddard,
M.A.I. The Champions are being offered $23,000,
which is the appraised value of their property.
January 12, 1989
Page 25
89-48A-2jvc - 17
(22.)
The Champions are the owners and occupants of
this property. Mr. Goddard appraised the land at
$2,031 and the house and improvements at $20,969.
Staff recommended approval.
Motion was made by Councilman Carpenter, seconded
by Councilman Phillips to authorize Resolution
#2998 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
RESOLUTION #2999
RESOLUTION
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
Detroit 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 -
Lot One (1), Block Two (2), Tech Gardens Addition to the
City of Lubbock, Lubbock County, Texas.
SECTION 2. THAT the owners of said tract, including Thomas
Letson King and wife, Margarete King, BE offered through the Right -
of -'Way Department of the City of Lubbock the amount of $25,000, 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.
January 12, 1989
Page 27
Passed by the City Council this 12th day of January, 1989.
ATTEST:
Is/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucv
Ed Bucy, Right -of -Way Agent
89-48A-27-18
(23.)
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim
Assistant City Attorney
This property is located at the southwest corner
of Detroit Avenue and Emory Street, street
address 2901 Emory. This residential property is
needed for the widening of Detroit Avenue. The
appraiser on this project was Jimmy Goddard,
M.A.I. He appraised this property at $25,000;
$22,969 of which is allocated to the value of the
house and improvements and $2,031 is allocated to
the value of the land. Mr. and Mrs. King live in
Fort Worth and the property is used as rent
property. At present, the house is empty. Staff
recommended approval.
Motion was made by Councilman Carpenter, seconded
by Councilman Phillips to authorize Resolution
#2999 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
RESOLUTION #3000
RESOLUTION
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
Detroit 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, Lubbock County, Texas, be
acquired for public purposes and municipal purposes as set forth in
the preamble hereof, to -wit:
Lot Sixteen (15), Block Nine (9), Marlin Park Addition to the
City of Lubbock, Lubbock County, Texas.
January 12, 1989
Page 28
SECTION 2. THAT the owners of said tract, including Hector
Guerrero and his wife, Frances R. Guerrero, BE offered through the
Right -of -Way Department of the City of Lubbock the amount of $24,000,
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 12th day of January, 1989.
ATTEST:
ZsZ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
City
Isj B. C. McMinn
B. C. MCMINN, MAYOR
APPROVED AS TO FORM:
is/_J. Worth Fullingim
J. Worth Fullingim, Assistant
Attorney
This property is located at the northwest corner
of Detroit Avenue and Erskine Street, street
address 2902 Erskine. This residential property
is needed for the widening of Detroit Avenue.
The appraiser on this project was Jimmy Goddard,
M.A.I. Jimmy appraised this total residential
taking at $24,000, which is our offer to Mr. and
Mrs. Guerrero. Of this $24,000, $1,488 is the
land value and $22,512 is the appraised value of
the house, concrete, and landscaping. Staff
recommended approval.
Motion was made by Councilman Carpenter, seconded
by Councilman Phillips to authorize Resolution
#3000 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
(24.) Consider Resolution #3001 authorizing the Right -
Of -Way Department to make a formal offer to Cecil
Quintero, Jr., and wife, Rose Marie Ouintero for
Lot 1, Block 9, Marlin Park Addition to the City
of Lubbock (Southwest corner of North Detroit and
Fordham
RESOLUTION #3001
RESOLUTION
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
Detroit 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:
January 12, 1989
Page 29
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:
Lot One (1), Block Nine (9), Marlin Park Addition to the
City of Lubbock, Lubbock County, Texas.
SECTION 2. THAT the owners of said tract, including Cecil
Quintero, Jr., and his wife, Rose Marie Quintero, BE offered through
the Right -of -Way Department of the City of Lubbock the amount of
$23,500, 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 12th day of January, 1989.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed BucY
Ed Bucy, Right -of -Way Agent
89-48A-29-20
(25.)
Is1 B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
IsZ J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
This property is located at the southwest corner
of Detroit Avenue and Fordham Street, street
address 2901 Fordham. This residential property
is needed for the widening of Detroit Avenue.
The appraiser on this project was Jimmy Goddard,
M.A.I. Our offer to the Quinteros is $23,500 for
this taking. The land was appraised at $1,231,
and the house and improvements appraised at
$22,269. The Quinteros occupy this property as
their home. Staff recommended approval.
Motion was made by Councilman Carpenter, seconded
by Councilman Phillips to authorize Resolution
#3001 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
Fordham).
RESOLUTION #3002
January 12, 1989
Page 30
RESOLUTION
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
Detroit 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:
Lot Sixteen (16), Block Six (6), Marlin Park Addition to
the City of Lubbock, Lubbock County, Texas.
SECTION 2. THAT the owners of said tract, including Henry
Martinez, and his wife, Olga Maria Martinez, BE offered through the
Right -of -Way Department of the City of Lubbock the amount of $28,000,
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 12th day of January, 1989.
ATTI-ST:
ZsLRanet to Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Z sL Ed_6ucy
Ed Bucy, Right -of -Way Agent
Zs/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
IsZ J. Worth Fullin,im
J. Worth Fullingim, Assistant
City Attorney
This property is located at the northwest corner
of Detroit Avenue and Fordham Street, street
address 2902 Fordham. This residential property
is needed for the widening of Detroit Avenue.
The appraiser on this project was Jimmy Goddard,
M.A.I. Our offer to the owners is $28,000. Of
this offer, $1,359 is allocated to the land value
and $26,641 is allocated to the value of the
improvements which include the house, fence,
storage shed, and landscaping. This residential
property is occupied by the owners. Staff
recommended approval.
Motion was made by Councilman Carpenter, seconded
by Councilman Phillips to authorize Resolution
#3002 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
January 12, 1989
Page 31
89-48A-31-21
(26.)
of North Detroit and Harvard).
RESOLUTION #3003
RESOLUTION
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
Detroit 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:
Lot One (1), Block Five (5), Marlin Park Addition to the
City of Lubbock, Lubbock County, Texas.
SECTION 2. THAT the owners of said tract, including Ivy Jewell
Eldridge, BE offered through the Right -of -Way Department of the City
of Lubbock the amount of $5,000, 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 12th day of January, 1989.
ATTEST:
LsL Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
LsL Ed Bucy
Ed Bucy, Right -of -Way Agent
Is1_B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
lsl J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
This property is located at the southwest corner
of Detroit Avenue and Harvard Street, street
address 2901 Harvard. This residential property
is needed for the widening of Detroit Avenue.
January 12, 1989
Page 32
89-48A-32-22
(27.)
The appraiser on this project was Jimmy Goddard,
M.A.I. This property originally contained a
house, but was removed a couple of years ago. At
the present time, there are only a couple of
storage buildings on the property. Therefore,
our offer to the owner for the land, storage
buildings, fence and concrete is $5,000. Staff
recommended approval.
Motion was made by Councilman Carpenter, seconded
by Councilman Phillips to authorize Resolution
#3003 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
Consider Resolution #3004 authorizing the Right -
Of -Way Department to make a formal offer t❑ Jesus
M. Martinez and wife, Angelita Martinez, for Lot
10, Black 1, Tech Gardens Addition, less the
north 92.5 feet in the City -of Lubbock
(Northwest corner of North Detroit and Emory).
RESOLUTION #3004
RESOLUTION
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
Detroit 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:
Lot Ten (10), Block One (1), Tech Gardens Addition to the
City of Lubbock, Lubbock County, Texas, less the North
92.5 feet.
SECTION 2. THAT the owners of said tract, including Jesus M.
Martinez and his wife, Angelita Martinez, BE offered through the
Right -of -Way Department of the City of Lubbock the amount of $31,000,
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.
January 12, 1989
Page 33
Passed by the City Council this 12th day of January, 1989.
ATTEST:
LsL_Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucx
Ed Bucy, Right -of -Way Agent
B9-48A-33-23
(2B.)
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Is1 J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
This property is located at the northwest corner
of Detroit Avenue and Emory Street, street
address 513 North Detroit. This residential
property is needed for the widening of Detroit
Avenue. The appraiser on this project was Jimmy
Goddard, M.A.I. Our offer to the owners, who are
the occupants, is $31,000. Of this total,
$29,909 is the value of the improvements and
$1,091 is the value of the land. Staff
recommended approval.
Motion was made by Councilman Carpenter, seconded
by Councilman Phillips to authorize Resolution
#3004 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
RESOLUTION #3005
RESOLUTION
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
Detroit 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:
The North 92.5 feet of Lot Ten (10), Block One (1), Tech
Gardens Addition to the City of Lubbock save and except
the North 7.5 feet conveyed in a Dedication Deed recorded
in Volume 333, Pg. 170 of the Deed Records, Lubbock
County, Texas.
January 12, 1989
Page 34
SECTION 2. THAT the owners of said tract, including Jesse
Garcia and his wife, Irma Garcia, BE offered through the Right -of -Way
Department of the City of Lubbock the amount of $7,500, 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 12th day of January, 1989.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
I s1 _Ed Buc y
Ed Bucy, Right -of -Way Agent
89-48A-34-24
Isl B._C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Is/-J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
This property is located north of the northwest
corner of Detroit Avenue and Emory Street, street
address 515 North Detroit. This residential
property is needed for the widening of Detroit
Avenue. The appraiser on this project was Jimmy
Goddard, M.R.I. This is a residential property
which is owner -occupied. Our offering price to
the Garcias is $7,500. Of this total, $1,615 is
the land value and $5,885 is the improvement
value. Staff recommended approval.
Motion was made by Councilman Carpenter, seconded
by Councilman Phillips to authorize Resolution
#3005 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
(29.) Consider_ Resolution #3006 authorizing the Mayor
on behalf_ of_the _City of Lubbock to execute a
Street Use License for an underground tunnel and
other right-of-way encroachments to NCNB Texas
Bank.
RESOLUTION #3006
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of
Lubbock a Street Use License between the City of Lubbock and NCNB
Texas Bank of Lubbock, Texas, attached herewith, which shall be
spread upon the minutes of the Council and as spread upon the minutes
of this Council shall constitute and be a part of this Resolution as
if fully copied herein in detail.
January 12, 1989
Page 35
Passed by the City Council this 12th day of January, 1989.
ATTEST:
Is/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/sj Ed Bucy
Ed Bucy, Right -of -Way Agent
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Is/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ J._Worth_Fullingim
J. Worth Fullingim, Assistant
City Attorney
STREET USE LICENSE
This indenture made this 12th day of January, 1989, being the
date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home
Rule Municipal Corporation, and NCNB TEXAS BANK OF LUBBOCK, Lubbock
County, Texas, hereinafter called "LICENSEE."
WITNESSETH:
Subject t❑ the terms, conditions and provisions herein, the
CITY OF LUBBOCK, TEXAS, does hereby grant to the LICENSEE, its
successors and assigns, the right, privileges and license to occupy
and maintain the uses stated below to be located within portions of
Main Street, Texas Avenue and the east -west alley in Block 119,
Original Town, City ❑f Lubbock, Lubbock County, Texas, as more
particularly described below. The uses permitted hereunder and as
shown on the attached drawing, are as follows, to -wit:
A. A four (4") inch projection of the marble facing on the
multi story building. The projection will be into the
street and alley and will extend from the second floor to
the top of the building. The top ❑f the building will be
approximately 120 feet above grade.
B. An underground transformer vault projecting ten (10) feet
into the alley at the rear of the multi story, or tower
part.
C. A sub -surface strip of land seven (7") feet in width
crossing the street right-of-way and extending from the
Northeast corner of Block 119 to the Southwest corner of
Block 104, both in the Original Town of Lubbock. This
strip of land will be used for an underground tunnel or
passageway and any repair therein will be in the manner
and at the depth approved by the City Engineer.
D. A subsurface strip ❑f land below the sidewalk area
extending along the South side of Main Street adjacent to
Lot 20, Block 119, Original Town, said strip of land to
be used for an underground tunnel or passageway and any
repair therein will be in the manner and at the depth
approved by the City Engineer.
January 12, 1989
Page 36
E. Six planter boxes on the sidewalk area north of Lot 20,
Block 119, said planter boxes are placed in such a way as
to provide a minimum six (6') foot sidewalk area adjacent
to the property line, free of obstruction and to provide
sufficient clearance from the street curb as to not
obstruct ingress and egress to or from vehicles parked at
the curb. The top of the planter boxes are approximately
eight (8") inches above the sidewalk grade and the
plantings will consist of trees pruned in such a manner
as to not obstruct passage along the sidewalk areas.
The term of this grant shall be for five (5) years from date
hereof, and shall be automatically extended for 1 successive five (5)
year, term not to exceed ten (10) years in any event unless either
party shall give written notice of termination to the other party
sixty (60) days before the expiration of the first (5) year term, and
the CITY OF LUBBOCK retains the right at its election to cancel and
revoke this license with or without cause upon thirty (30) days
notice to LICENSEE. Said notice shall be deemed properly served if
deposited in the post office, postage paid, addressed to LICENSEE at
NCN13 Texas Bank Building, Lubbock, Texas, 79401 or the last known
address of LICENSEE.
Upon the expiration or cancellation and revocation of this
license by the CITY OF LUBBOCK, or the abandonment of the license by
the LICENSEE, the improvements that are permitted under this license
shall be removed by the LICENSEE and the property shall be restored
to -its original condition at no cost or expense to the CITY OF
LUBBOCK. In the event LICENSEE fails or refuses to remove such
improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK
shall take possession and remove or cause to be removed such im-
provements, and the expense incurred shall be assessed against
LICENSEE for which LICENSEE shall be liable.
1. LICENSEE shall pay to the CITY OF LUBBOCK as compensation
for such grant the sum of TWO THOUSAND TWO HUNDRED EIGHTY-EIGHT AND
90/100 ($2,288.90) DOLLARS cash in advance contemporaneously with the
acceptance and execution hereof by LICENSEE for the first five (5)
year term of this license, and thereafter such rate of compensation
may be changed for each succeeding five (5) year term by the CITY OF
LUBBOCK to a rate of compensation which is based on procedures and
policies as established by the City Council of the CITY OF LUBBOCK
based on an appraisal of the fair market value of such land by the
Right -of -Way Department of the CITY OF LUBBOCK as applied to the
formula for determining such rate established by the City Council.
If such rate is not changed by the CITY OF LUBBOCK, the rate for the
preceding five (5) year term shall apply. The CITY OF LUBBOCK shall
notify the LICENSEE of any change in rates in writing ninety (90)
days before the start of the five (5) year term to which such change
in rate shall apply, and if such notification is not made, then the
rate for the preceding five (5) year term shall apply.
2. The LICENSEE agrees to pay all costs arising out of the
exercise of this license herein granted, including but not limited to
the replacement and repairing of paving, sidewalks and utilities of
any nature occasioned by the construction as authorized by the
license.
3. In the event the CITY OF LUBBOCK determines that the
existence of such use interferes with or causes the rerouting or
realignment of any public utility, franchised utility or sanitary or
storm sewer line constructed or to be constructed by the CITY OF
LUBBOCK or franchised utility, LICENSEE agrees to reimburse the CITY
OF LUBBOCK, or such utility, as the case may be, for its expense in
relocating or rerouting over and above the expense which would have
been incurred except for LICENSEE'S use herein.
4. This license is not transferable by the LICENSEE without
first receiving the written consent of the City Manager of the CITY
OF LUBBOCK.
January 12, 1989
Page 37
5. This license is made subject to the condition that should
the LICENSEE exercise any right under the license herein granted and
prepare or begin or complete any part of the construction as herein
contemplated across any or all of the above described property, then
and in that event said LICENSEE, its successors and assigns, will at
all times defend, indemnify and otherwise hold the CITY OF LUBBOCK,
its agents, servants and employees harmless from any and all claims,
demands, actions, causes of action, suits at law or in equity of
whatsoever kind or nature which may grow out of or be related to the
making of this license or the construction or maintenance and use
permitted herein. The CITY OF LUBBOCK, at its option, may require an
agreement with any contractors hired by LICENSEE to perform the
construction, repair or maintenance permitted herein, which agreement
will indemnify the CITY OF LUBBOCK from and against all claims,
liability, cost and expense growing out of the performance of the
work; to be done by such contractors. The CITY OF LUBBOCK may further
require any of said contractors, when engaged in the construction,
repair or maintenance permitted herein, to furnish, without expense
to the CITY OF LUBBOCK, a reliable surety bond, in an amount and in a
form satisfactory to the said CITY OF LUBBOCK, guaranteeing the
faithful performance of all the terms, covenants and conditions con-
tained in said agreement, and a certified copy of a policy of public
liability insurance assumed by said contractors in said agreement
with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice
to LICENSEE prior to incurring any costs or expenses or the payment
of any such claims or demands in order to give LICENSEE a reasonable
opportunity to settle or adjust the same.
6. LICENSEE agrees and is required to furnish a policy of
public liability and property damage -insurance, within limits
specified by, and in a form satisfactory to the City Attorney for the
CITY OF LUBBOCK, and which names the CITY OF LUBBOCK as the insured,
said policy covering the uses herein granted.
7. All of the covenants and provisions of this license shall
be binding upon and inure to the benefit of the successors, legal
representatives, assigns and the duly authorized agents and
contractors of the parties hereto to the same extent and effect as
the same are binding upon and inure to the benefit of the parties
hereto, but no assignment hereof by the LICENSEE, its successors and
assigns, shall be binding upon the CITY OF LUBBOCK without the
consent of the CITY OF LUBBOCK in each instance, except as specified
in numbered paragraph four (4).
8. LICENSEE, by the acceptance of the uses permitted herein,
understands and agrees that no interest, title or rights of
possession are intended or implied except those expressly set forth
herein and LICENSEE waives any and all claims in and to the public
way it is permitted to use hereby and agrees to give peaceful
possession of said property covered herein upon termination or
cancellation of this license.
CITY OF LUBBOCK
BY: /s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
ZsL Ranette Boyd
Ranette Boyd, City Secretary
January 12, 1989
Page 38
AGREED TO AND ACCEPTED this 12th day of January, 1989.
LICENSEE: NCNB TEXAS BANK
BY:
PRESIDENT
APPROVED AS TO CONTENT:
Isj Ed_ Bucy
Ed Buc.y, Right -of -Way Agent
APPROVED AS TO FORM:
Is1 J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and
for said County, Texas, on this day personally appeared B. C. McMINN,
MAYOR, known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same
as -the act and deed of the CITY OF LUBBOCK and as MAYOR, for the
purposes and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
19
Notary Public, Lubbock County,
Texas
My Commission Expires
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and
for said County, Texas, on this day personally appeared
, President of NCNB TEXAS BANK OF
LUBBOCK, known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same
for the purposes and consideration therein expressed and in the
capacity therein stated as the act and deed of said NCNB TEXAS BANK.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
. 19
Notary Public, Lubbock County,
Texas
My Commission Expires:
January 12, 1989
Page 39
In 1968, a Street Use License was issued to the
Lubbock National Bank for an underground tunnel
running from the northeast corner of Texas Avenue
and Main Street to the southwest corner of Texas
Avenue and Main Street. This tunnel links
together the main bank building and its drive-in
teller facilities as well as the Court Place
Building. This license also covered several
other encroachments.
This license has now expired and a new street use
license application has been submitted to them.
This new license will cover the following items:
A. A 4" marble facing over the Main
Street right-of-way on the north
side of the Court Place Building.
B. Transformer vault in the alley
behind the Court Place Building.
C. A 7' x 141.42' tunnel under Texas
Avenue and Main Street.
D. A 7' x 100'tunnel under the south
side of Main Street, north of the
Court Place Building.
E. Six 3' x 3' planter boxes in the
Main Street right-of-way.
The Lubbock County Appraisal District has these
properties valued at $4.00 per square foot for
the land. Using this $4.00 per square foot to
determine the per year license valuation of these
five encroachments, the yearly valuation is as
follows:
A. License Value of the Marble Facing:
66 feet long by 4 inches wide = 21.98
sq. ft.
21.98 sq. ft. X $4.00 = $87.91
$87.91 X 75% x 10% = 16.59
B.
License Value of the Transformer Vault:
10 feet x 10 feet = 100 sq. ft.
100 sq. ft. x $4.00 = $400.00
$400.00 x 60% x 10% = $24.00
C.
License Value of the Tunnel:
7 feet x 141.42 feet = 989.94 sq. ft.
989.94 sq. ft. x $4.00 = $3,959.76
$3,959.76 x 60% x 10% $237.59
D.
License Value of the Tunnel:
7 feet x 100 feet = 700 sq. ft.
700 sq. ft. x $4.00 = $2,800.00
$2,800 x 60% x 10% = $168.00
E.
License Value of the Planters:
6 Planters x 3 feet x 3 feet = 54 sq.
ft.
54 sq. ft. x $4.00 = $216.00
$216.00 x 10% = $21.60
Therefore,
the yearly street -use license fee to
be charged
to NCNB will be $457.78.
January 12, 1989
Page 40
894BA-40-25
(30.)
This license is to be issued for ten years,
payable in two segments. Amount due now for the
first five year term is $2,288.90. Two more
street -use licenses to NCNB will come due in 1999
and these will be combined with the license now
being requested to make one large license.
The $150 application fee has also been paid.
Staff recommended approval.
Motion was made by Councilman Malay, seconded by
Councilwoman Trejo to authorize Resolution #3006
as recommended by Staff. Motion carried: 7 Yeas;
0 Nays.
Consider Ordinance #9253 to abandon and close a
portion of a 20' Underground Utility Easement
located in Lot 1, West Chase Addition.
(Southwest corner of South Quaker Avenue).
ORDINANCE #9253
AN ORDINANCE ABANDONING AND CLOSING A TWENTY FEET UNDERGROUND
UTILITY EASEMENT LOCATED IN WEST CHASE ADDITION TO 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 TO REFLECT SAID ABANDONMENT AND
CL+USING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING PUBLICATION.
This 20' x 91.25' portion of an Underground
Utility Easement to be closed is located at 7101
Quaker Avenue, just south of Loop 289. The
proponent of this closure is Service Title
Company for Ruel Nash, dba Plains Properties of
Texas, Inc. First Federal Savings dedicated this
entire Easement by separate instrument in March,
1988, a portion of which is now being closed.
First Federal Savings in conjunction with Ruel
Nash has just platted Lot 1, West Chase Addition.
This portion of the easement to be closed is not
needed since the sewer line stub was relocated to
the south. A new 10' Underground Utility
Easement was dedicated along the south edge of
Lot 1, West Chase Addition with an additional 10'
x 20' Underground Utility Easement and a 10' x
20' Underground Utility Easement and Manhole
Easement at the southwest corner of Lot 1.
Area then to be closed is 20' x 91.251, or 1,825
square feet. Their reason for closure is to
clean up the title on the property and eliminate
any unnecessary Easements. All utilities are in
agreement. Staff recommended approval.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to pass on first reading
Ordinance #9253 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
89-48A-40-26
(31.) Consider Resolution #3007 authorizing the Mayor
to execute the Application for the Rental
Rehabilitation Block Grant Program Fiscal Year
1989.
RESOLUTION #3007
January 12, 1989
Page 41
RESOLUTION
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 and submit for the City of Lubbock
a Federal Rental Rehabilitation Grant Program Application for the
fiscal year 1988-89 and related documents, which application attached
herewith, shall be spread upon the minutes of the Council and as
spread upon the minutes of this Council shall constitute and be a
part of this Resolution as is fully copied herein in detail.
Passed by the City Council this 12th day of January, 1989.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
ZsL Sandy Ogletree
Sandy Ogletree, Community
Development Administrator
"_B._ C. McMinn
B. C. MCMINN, MAYOR
APPROVED AS TO FORM:
ZsZ James P. Brewster
Civil Trial Attorney
APPLICATION AND RELATED DOCUMENTS FILED WITH RESOLUTION #3007.
The City has been notified that $138,000 has been
allocated for the Rental Rehabilitation Program
in which the City has participated for the last
five years. The program provides an entitlement
allocation to help support rehabilitation of
privately -owned real property for residential
rental purposes. The program is designed to
increase the supply of standard housing units
affordable to low income families.
The allocation of $138,000 is expected to
rehabilitate at least 17 units and assist a
similar number of households with rental
assistance through the Voucher Program adminis-
tered by the Lubbock Housing Authority.
The City's program provides a No -Interest -
Deferred -Loan which is forgivable at the end of
ten years. The loan is secured by a Lien on the
property and the Lien becomes due and payable if
the terms of the Agreement are violated. The
City subsidy is limited to 50% of the
rehabilitation.
The City of Lubbock has received a total of
$873,840 in Rental Rehabilitation funds over the
last four years. At this time $492,839 public
dollars have been committed to subsidize the
rehabilitation of 135 units at an average cost
per assisted unit of $3,650. The total public
and private commitment to rental rehabilitation
is $984,430.
January 12, 1989
Page 42
89-48A-42-27
(32„)
89-48A-42-28
(33.)
The City of Lubbock has been attracting developer
participation into the program. There are
several projects that are currently pending and
are being evaluated by the staff. At this time
Staff feels that the Rental Rehabilitation
program has made a significant contribution in
providing affordable rental housing and
recommends approval.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Maloy to authorize Resolution #3007
as recommended by Staff. Motion carried: 7 Yeas;
0 Nays.
Consider setting the date and time for the
Community Development Block Grant Public Hearing.
As part of the Community development Block Grant
submission process, the City Council conducts one
public hearing to provide citizens the
opportunity to comment on the proposed
expenditure of Community development funds. The
recommended program developed by the Community
Development Advisory Committee will be published
on February 13, 1989.
Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo to set February 23, 1989,
at 5:00 P.M. as the date and time for the
Community Development Block Grant Public Hearing.
Motion carried: 7 Yeas; 0 Nays.
Consider amending the approved Airport Capital
Projects to include additional apron
reconstruction by old terminal.
City Council on September 22, 1988 approved
Resolution #2915 accepting a multi -year grant
offer from the Federal Aviation Administration
for an Airport Improvement Program (AIP) for
Lubbock International Airport. The grant project
number 3-48-0138-08-88 provided for the following
items of improvements and construction.
Reconstruction of West Cargo $1,905,429
Apron (2 positions)
Construct By -Pass Taxiways 1,072,481
Construct Angled Taxiway 239,831
Lighting Improvements 1,239,131
TOTAL $4,456,872
Distribution of Costs
FAA - 90% $4,011,185
City - 10% 445,687
TOTAL $4,456,872
After the above project was approved, a request
by Wes -Tex Aircraft indicated Airborne Express
will be operating a DC-9 aircraft after the first
of the year and more apron space is needed with
the addition of Airborne Express' pending opera-
tions and expanded operations now planned by
Federal Express. Estimates were developed by PSC
January 12, 1989
Page 43
89-48A-43-29
(34.)
to expand the apron reconstruction by one
additional position. Except for the main
terminal, there is no other location on the
airport that can accommodate heavy aircraft
operations. A cost estimate has been prepared
for this additional apron position which is as
follows:
Additional Apron Reconstruction $724,500
& Engineering
Distribution of Additional Costs
FAA - 90% $552,050
City - 10% _ 72,450
TOTAL $724,500
The total combined project with the additional
apron work will be $5,181,372.
Distribution of Costs
FAA - 90%
City - 10%
TOTAL
$4,663,235
518,137
$5,181,372
The City's portion of apron construction alone is
$262,993. Current revenue from Federal Express
operations exceeds $44,000 per year which would
provide a payout in less than six years. With
Federal Express' proposed expanded operations and
the Airborne Express operations, the payout time
will be reduced.
The Federal Aviation Administration has also
approved the addition of this construction work
and the Airport Board recommended approval.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Carpenter to amend the Airport
Capital Projects Budget as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
RESOLUTION #3008
RESOLUTION
WHEREAS, the City Council of the City of Lubbock, Texas, deems
it to be in the best interest of the citizens of the City of Lubbock
to participate in the Title XIX (Medicaid) program; and
WHEREAS, such participation requires execution of a Provider
Agreement with the Texas department of Human Services; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT on the 12th day of January, 1989, at a meeting of the City
Council of the City of Lubbock, Texas, a home -rule municipal
corporation, held at the City Council Chambers in the Municipal
Building in the City of Lubbock, Lubbock County, Texas, with a quorum
of the Council members present, the following business was conducted:
January 12, 1989
Page 44
THAT the Mayor of the City of Lubbock BE and is
hereby authorized and directed to execute a Title X1X
(Medicaid) Program Provider Agreement(s) and all
associated documents with the Texas Department of Human
Resources and to do all things necessary to implement,
maintain, amend or renew said contract, attached
herewith, which shall be spread upon the minutes of this
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.
THAT this resolution was passed by a majority of those present
and voting in accordance with the laws of the State of Texas.
Passed by the City Council on this 12th day of January, 1989.
/s1 B. C. McMinn
B.C. McMINN, MAYOR
ATTEST:
LsZ' Ranette Bo ►mod
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
LsZ' Rita P. Harmon s Donald G. Vandiver
Rita Harmon, Assistant City Manager Donald G. Vandiver, First
for Public Safety and Services Assistant City Attorney
AGREEMENT AND ASSOCIATED DOCUMENTS FILED WITH RESOLUTION #3008.
Recent changes in the Medicaid program have
enabled health departments to apply for
designation as a Medicaid provider, particularly
for prenatal care programs. As a consequence,
the Texas Department of Health is strongly
encouraging local health departments to submit
applications.
Due to the fact that the Texas Tech University
Health Science Center cannot see all Medicaid
patients in their OB Clinic, they and Lubbock
General Hospital have asked the Lubbock City
Health Department to pursue this application.
They would fund a full-time equivalent Medicaid
Qualifier who would work at the Health
Department. The Health Department would be
responsible for providing space for the Medicaid
qualifier, would share the cost of the Clerk III
with the Texas Department of Human Services and
would be responsible for submitting appropriate
billing information.
The City of Lubbock Health Department will be
required:
1. To retain medical records of Medicaid
recipients for five years and provide
copies of these upon request to the
State.
2. To accept payments received from
Medicaid as payment in full.
3. To comply with federal anti -
discriminatory rules and regulations.
January 12, 1989
Page 45
89-48A-45-30
(35.)
4. To provide the same quality of services
and pricing schedules to Medicaid and
non -Medicaid recipients.
This project would establish a new source of
revenue without competing with local physician
providers. Health Department staff estimates the
reimbursement from Medicaid would amount to
$96,570 annually. This revenue would offset any
costs associated with the project such as
expansion of the physical facility to accommodate
new staff and possibly the addition of Health
Department personnel.
Staff recommended that Council approve this
agreement.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Patterson to authorize Resolution
#3008 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
Limit.
RESOLUTION #3 09
RESOLUTION
BE :IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Manager of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of
Lubbock a grant application filed by the City of Lubbock to allow the
Lubbock Police Department to establish a program to enhance the
enforcement of the 55 National Maximum Speed Limit, 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 12th day of January, 1989.
Is1 B. C. McMinn
B.C. McMINN, Mayor
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Zs/ Thomas J. Nichols s Donald G. Vandiver
Thomas J. Nichols, Chief of Police Donald G. Vandiver, First
Assistant City Attorney
APP1_ICATION AND RELATED DOCUMENTS FILED WITH RESOLUTION #3009.
In the 15 years since a federally mandated
reduction in the speed limit has been in force,
there has been a marked increase in the speed
driven by Lubbock motorists on our approximately
50 miles of posted 55 mph highways.
January 12, 1989
Page 46
It has been proven that the severity of traffic
accidents increase in proportion to the speed of
the vehicles involved. Therefore, non-compliance
of the 55 mph speed limit has drastically
increased the occurrence of death, injury and
property damage within our city.
A program emphasizing compliance should have a
strong impact in reducing high speed accidents
and the accompanying residuals. This grant in
the amount of $59,999.88 is proposed to increase
traffic enforcement of the 55 mph and should ad-
dress this program. This grant is for nine
months, and the total cost is financed by Federal
funds.
Motion was made by Councilman Phillips, seconded
by Councilman Maloy to authorize Resolution #3009
as recommended by Staff. Motion carried: 1 Yeas;
0 Nays.
89-48A-46-31
(36.) Consider Resolution #3010 authorizing the City
Manager to approve an application for a grant for
funding of the TRACER Program.
RESOLUTION #3010
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Manager of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of
Lubbock a grant application filed by the City of Lubbock to allow the
Lubbock; Police Department to establish a TRACER PROGRAM to enhance
local law enforcement capabilities in reducing the number of
vehicular traffic accidents within the City of Lubbock, 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 12th day of January, 1989.
/s/ B. C. McMinn
B.C. McMINN, MAYOR
ATTEST:
Zs�� Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Z-S-Z' Thomas J. Nichols /s/ Donald G. Vandiver
Thomas J. Nichols, Chief of Police Donald G. Vandiver, First
Assistant City Attorney
APPLICATION AND RELATED DOCUMENTS FILED WITH RESOLUTION #3010.
The grant application is being made to the Texas
State Department of Highways and Public
Transportation.
January 12, 1989
Page 47
The Lubbock Police Department is responsible for
traffic enforcement and accident investigation on
the 892 plus miles of streets within the City of
Lubbock. During the calendar year of 1987 there
were 7,125 reportable accidents investigated by
the Lubbock Police Department. These accidents
were responsible for 3,225 injured people and 35
fatalities.
The TRACER program will provide for up-to-the-
minute information to be used in combating
vehicular traffic accidents. This program will
also build an immediately accessible automated
traffic records system which will store 100% of
all accident reports and 100% of all police
citations issued.
The grant is in the amount of $15,010.03 and
primarily provides the data entry for the
computerized system. The term of the contract is
nine months. No local costs are involved and
Staff recommended approval of this Grant
application.
Motion was made by Councilman Phillips, seconded
by Councilman Maloy to authorize Resolution #3010
as recommended by Staff. Motion carried: 7 Yeas;
0 Nays.
89-48A-47-32
(37.) Consider Resolution #3011 authorizing the City
Manager to approve an application for a Grant for
funding of the Selective Traffic Enforcement
Program.
RESOLUTION #3011
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Manager of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of
Lubbock a grant application filed by the City of Lubbock to implement
a planned Selective Traffic Enforcement Project (STEP) that will
enhance apprehension of D.W.I. offenders, 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 12th day of January, 1989.
/s1 B. C. McMinn
B.C. McMINN, MAYOR
ATTEST:
L/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
/s/ Thomas J. Nichols /s/ Donald G. Vandiver
Thomas J. Nichols, Chief of Police Donald G. Vandiver, First
Assistant City Attorney
APPLICATION AND RELATED DOCUMENTS FILED WITH RESOLUTION #3010.
This Grant is for a D.W.I. Enforcement Program
for a nine -month period.
January 12, 1989
Page 48
The D.W.I. STEP program was previously utilized
by the Lubbock Police Department in an effort to
combat drunk driving but the program ceased in
September, 1987 when grant monies became
unavailable. Since that time there has been a
marked decrease in the number of D.W.I. arrests.
Implementation of the D.W.I. STEP program will
apply additional enforcement to specific
locations where either a high incidence of
alcohol related crashes occur or where the
potential exists.
Due to an unanticipated change in grant funding,
the State will only contribute $15,000 in
reimbursements initially, with the remaining
$11,382.50 to he forwarded in the farm of a
contract change notice within 90 days.
The grant is in the amount of $52,765, and the
local share which is included in the Police
Department budget is $26,382.50. Staff
recommended approval of this Grant application.
Motion was made by Councilman Phillips, seconded
by Councilman Maloy to authorize Resolution #3011
as recommended by Staff. Motion carried: l Yeas;
0 Nays.
89-48A-48-33
(38.) Consider Resolution #3012 authorizing the Mayor
to sign Library Services Contract with Lubbock
County for 1988-89.
RESOLUTION #3012
RESOLUTION
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 Library Services Contract by and between the City of
Lubbock and the Commissioners Court of Lubbock County, 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 12th day of January, 1989.
/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/ Rita P. Harmon /s/ Harold Willard
Rita P. Marmon, Assistant City Manager Harold Willard, Assistant
for Public Safety and Services City Attorney
January 12, 1989
Page 49
THE STATE OF TEXAS
COUNTY OF LUBBOCK
LIBRARY SERVICES CONTRACT
WHEREAS the Commissioners Court of Lubbock County, Texas, hereinafter
referred to as "THE COUNTY", has determined that a need exists for
the provision of county -wide library operation.
and
WHEREAS, The City Council of the City of Lubbock hereinafter referred
to as "THE CITY", has chosen to participate with "THE COUNTY" in
order to provide library operations for the citizens of THE CITY and
other Lubbock County Citizens.
THIS AGREEMENT is made and entered by and between THE COUNTY and THE
CITY in consideration of the mutual benefits to each party to provide
library services as specified below:
PURPOSE: THE CITY shall use the funds provided strictly for
providing Lubbock County citizens with library services, including,
but not limited to, personnel, maintenance and administrative costs.
SCOPE: Library services shall be provided for all Lubbock County
residents, not just residents of the particular incorporated city.
RECORDS: Each contracting grantee shall maintain records at the
supporting document level for a period of not less than three years
after the close of a grant period. THE CITY agrees to allow THE
COUNTY, at County expense, to perform an audit of all records
pertaining to library services expenses, should THE COUNTY deem
necessary.
REFUNDS: Any funds not expended or obligated by THE CITY by the end
of a contract period shall be refunded to THE COUNTY for distribution
to all remaining contracting grantees in a subsequent payment period.
TERM OF CONTRACT: This contract shall be effective from October 1,
1988 thru September 30, 1989, and shall be automatically renewed each
subsequent October 1 thereafter, upon written request of THE CITY to
continue the joint library services agreement.
PAYMENTS: Payments to THE CITY, except as provided in the following
section entitled "REPORTS", shall be made in quarterly installments
not later than the 30th day of each calendar quarter of the contract
year.
REALLOCATION OF FUNDS: Should more funds become available during a
contract period, by reason of refunds from participating grantees,
cancellation by one or more participating grantees, or for other
reasons, THE COUNTY will reallocate any amount available, provide
each participating contractor with a copy of the reallocation, and
adjust the remaining quarterly payments accordingly.
TERMINATION BY CONTRACTING GRANTEE: THE CITY shall have the right to
terminate this contract upon thirty (30) days written notice to THE
COUNTY. A report of library services for the period from the
beginning of the contract period through the effective date of the
termination shall be submitted to Lubbock County within 30 days of
the effective termination date. Any unspent funds remaining on the
effective termination date shall be immediately refunded to THE
COUNTY within 30 days of the effective termination date.
January 12, 1989
Page 50
TERMINATION BY THE COUNTY: Although it is the express intention of
THE COUNTY that funding of library services be an ongoing program,
THE COUNTY, in circumstances dictated by any future budgetary
constraints or change in existing circumstances, reserves the right
to terminate this contract at the end of any COUNTY fiscal year.
REPORTS: THE CITY shall furnish to THE COUNTY at the end of each
contract period, a report of library services. No subsequent
payments shall be made to the contracting grantee for subsequent
contract periods until the report of library service is received and
approved by the Lubbock County Commissioners Court.
INDEMNIFICATION: THE CITY hereby indemnifies THE COUNTY against all
claims ever resulting from providing library services by THE CITY.
FUNDS ALLOCATION - THE COUNTY will provide for the period October 1,
1988 through September 30, 1989, a total sum of $589,764 to be
allocated as shown by Exhibit "A" to this contract. Allocations for
subsequent contract period swill be provided by THE COUNTY on or
before each October 1, subject to receipt by THE COUNTY of the
written request by THE CITY to continue the joint library services
agreement.
AUTHORIZATION - The Commissioners Court of THE COUNTY has authorized
the County Judge to execute all documents in its behalf. The City
Council of THE CITY has authorized the mayor to execute all documents
in its behalf.
This document with the attached exhibits constitutes the whole and
complete contract by and between the parties and may not be modified
in any way except upon the prior written consent of the parties
hereto.
EXECUTED this 12th day of January, A.D. 1989.
ATTEST:
/s/ Ann Davidson
ANN DAVIDSON, COUNTY CLERK
CDMMISSIONERS COURT OF LUBBOCK
COUNTY, TEXAS
BY: Zsf Rod rick L. Shaw
RODRICK L. SHAW, COUNTY
JUDGE
s B. C. McMinn
B. C. McMINN, MAYOR
Isl Ranette Boyd
CITY SECRETARY, CITY OF LUBBOCK
APPROVED AS TO CONTENT:
/sj Rita P. Harmon
Rita P. Harmon, Assistant City
Manager for Public Safety and
Services
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
EXHIBIT A FILED WITH RESOLUTION #3012.
January 12, 1989
Page 51
89-48A-51-34
(39.)
Lubbock County has submitted a Library Services
Contract for 1988-89 which provides for total
county -wide funding for library services in the
amount of $589,764 distributed to the various
cities in the County that provide library ser-
vices. The City of Lubbock share is calculated
by averaging the percent of population and the
percent of assessed value within the City Limits.
That amount is $558,488,
The proposed 1988-89 contract is identical to the
contracts of the prior four years, with these
exceptions:
I. The $558,488 contribution for the City
of Lubbock is 1.98% more than the
$547,636 contribution in 1987-88. The
City of Lubbock's share in 1985-87 was
$538,280.
2. Term of Contract: This section has
been revised to provide for automatic
renewal each subsequent October 1, if
prior to that date a written request to
continue the joint library services
agreement is sent by the City and
received by the County.
3. Funds Allocation: Subject to receiving
the written request from the City and
before October 1, the County will
provide the City with a schedule of the
funds to be allocated for the following
fiscal year.
Staff advised that these changes will simplify
the contract renewal each year for both the City
of Lubbock and the County.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Maloy to authorize Resolution #3012
as recommended by Staff. Motion carried: 7 Yeas;
0 Nays.
Energy Crisis Intervention Grant.
RESOLUTION 03013
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
- THAT the Mayor ❑f 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 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.
January 12, 1989
Page 52
Passed by the City Council this 12th day of January, 1989.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Vaughn Hendrie
Vaughn Hendrie, Community
Relations Director
Isl B. C. McMinn
B.C. McMINN, MAYOR
APPROVED AS TO FORM:
Is/ Donald G. Vandiver
Donald G. Vandiver,T Assistant
City Attorney
CONTRACT AND RELATED DOCUMENTS FILED WITH RESOLUTION #3013.
The City of Lubbock has received the 1988-89
Contract from the Texas Department ❑f Community
Affairs for the Energy Crisis Intervention
Program.
The Grant provides $43,833, which is the same
amount as last year, and will be for a period
which began in November, 1988 through September,
1989.
Of this amount, $41,093 ❑r 93.75% will be used
for direct assistance t❑ pay utility bills in
emergency situations. The remaining $2,740 or
6.25% will cover administrative costs of the
program.
Funds will be used t❑ assist the elderly,
handicapped and families with pre-school age
children. To be eligible, the families must be
experiencing some extraordinary crisis that has
depleted their resources normally used to pay
utility bills. Such instances include accidents
❑r illness resulting in high medical bills, loss
of employment, death ❑r funeral expenses,
unusually high utility bills resulting from
severe weather, or termination of unemployment
compensation. Assistance is available to pay any
utility bill, gas, electric, propane or water in
which a health -threatening condition is involved.
Termination of utility service alone does not
constitute an energy crisis. These funds cannot
be used to pay reconnect fees or deposits. If
necessary, Project Help money can be used for
these expenses.
The Community Services Department is required to
determine eligibility and arrange for payment of
utility bills within 48 hours of application.
Project Help money is spent within the city
limits, primarily with City of Lubbock bills.
The requested State funds are t❑ be spent county-
wide. Last year, a total of 299 families were
assisted. This year, we estimate 300 families
will be recipients ❑f such assistance.
Staff recommended approval of this Contract.
January 12, 1989
Page 53
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker to authorize Resolution
#3013 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
89-48A-53-35
(40.) Consider Resolution #3014 authorizing the Mayor
to execute a Settlement Agreement regarding Codes
Enforcement lawsuit.
RESOLUTION #3014
RESOLUTION
8E ]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 Settlement Agreement for the case of Bill Allen v.
Northcutt, et al and all related documents, 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 12th day of January, 1989.
/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/ Jim Bertram /s/ John C. Ross, Jr.
Jim Bertram, Assistant City Manager John C. Ross, Jr., City
for Development Services Attorney
AGREEMENT FILED WITH RESOLUTION #3014.
Bill Allen (Plaintiff) filed a civil rights
action against the City of Lubbock and several of
its present and past officers and employees
(including Larry Cunningham, John Ross, Jerrel
Northcutt, and other employees in the City
Attorney's office and in Code Compliance). The
plaintiff's claims were basically that he was
denied a hearing concerning a notice sent by the
City questioning whether a truck he owned was
subject to removal or other legal action as an
abandoned or junked vehicle. The vehicle was
never removed or confiscated by the City.
The suit was defended and the City's attorneys
paid under the City's liability policy through
the Texas Municipal League.
The attorneys for the City filed a Motion for
Summary Judgment which was granted by the United
States District Court that the Plaintiff was
entitled to recover nothing from any of the
defendants. The District Court also found that
the Plaintiff's suit was frivolous and granted
Judgment against the Plaintiff and for the City
for the attorneys' fees and expenses incurred in
January 12, 1989
Page 54
89-418A-54-36
(41.)
defending the case. This case has, however, been
appealed by Plaintiff. If the Plaintiff is
unsuccessful on appeal and these fees are
collected from the Plaintiff, they will be
recovered for the benefit of the insurance
carrier that paid these fees.
Because of the very small possibility that any
substantial amount of the judgment could be
actually recovered from the plaintiff because of
his apparent lack of assets, the insurance
carrier has agreed that this case may be settled
by the release of the City's judgment (which
accrues to the benefit of the insurance carrier)
in return for the termination of the appeal and a
release by the plaintiff of the City and all of
its officers, Councilmembers, agents, and
employees.
Such a settlement has the benefit of concluding
the litigation without liability or payment by
the City and avoiding any further expense in the
appellate process. Such a settlement also will
preclude the small possibility that the case
might be reversed on appeal and require the
expense and possible liability exposure of a
trial on the merits.
Motion was made by Councilman Carpenter, seconded
by Mayor Pro Tem Baker to authorize Resolution
#3014 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
RESOLUTION #3015
RESOLUTION
WHEREAS, the City Council did by Resolution No. 1610 embody
policies and procedures pertaining to the operation of the City of
Lubbock in Volume 1 of a Policies and Procedure Manual; and
WHEREAS, the City Council deems it to be in the best interest
of the City of Lubbock to amend certain policies and procedures as
set forth in said manual; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the City Council Rules, Order of Business and
Procedures as set forth in Volume 1 of the Policies and Procedure
Manual of the City of Lubbock BE and is hereby amended as follows:
That the current City Council Rules, Order of Business and
Procedures as set forth in Volume 1 above -mentioned be and are
hereby amended to incorporate all the amendments and changes as
set forth in Exhibit A, which Exhibit is attached hereto and
made a part hereof.
SECTION 2. THAT the City Manager, or his designated
representative, shall incorporate the above amendments into the City
Council Rules, Order of Business and Procedures.
January 12, 1989
Page 55
Passed by the City Council this 12th day of January, 1989.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Zsl Bob Cass
Bob Cass,Deputy City Manager
EXHIBIT FILED WITH RESOLUTION #3015.
Is/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Ls/ -John C. Ross, Jr.
John C. Ross, Jr., City Attorney
At Council request this item was placed on the
agenda which would change the regular Council
meeting from a starting time of 9:00 a.m. to a
starting time of 10:00 a.m. and the work sessions
beginning at 9:00 a.m. on Council days instead of
the current 8:00 a.m. This change of official
time is necessary to comply with Council Rules
and Order of Business. This proposal was intro-
duced in accordance with the rules at the last
City Council meeting.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Carpenter to authorize changes to
current City Council Rules, Order of Business and
Procedures Manual. Motion carried: 7 Yeas; 0
Nays.
89-48A-55-37
(42.) BID #9954--Joint sealing compound [Streets
Department].
Lubbock Building Products--5,000 gl. Hot pour
joint sealing compound.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to accept low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
89-48A-55-38
(43.) BID #10033--Luminaires Central Warehouse).
Westinghouse Electric Supply--900 100W SV HD LP
120V.
Cummins Supply, Amarillo--100 40OW 480V
luminaires.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to accept low bids
meeting specifications. Motion carried: 7 Yeas;
0 Nays.
January 12, 1989
Page 56
89-48A-56-39
(44.) BID #9949--Cable Relocation Project, and
authorize same (Traffic Engineering).
RESOLUTION #3016
RESOLUTION
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 Florida
Traffic Control Devices, Inc. for Cable Relocation Project, 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 12th day of January, 1989.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Gene Eads
Gene Eads, Purchasing Manager
STATE OF TEXAS
COUNTY OF LUBBOCK
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
CONTRACT
THIS AGREEMENT, made and entered into this 12th day of January,
1989 by and between the City of Lubbock, County of Lubbock, State of
Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized
to do so, hereinafter referred to as OWNER, and FLORIDA TRAFFIC
CONTROL DEVICES of the City of ALTAMONTE SPRINGS, County of SEMINOLE,
and the State of FLORIDA, hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the
OWNER and under the conditions expressed in the bond bearing even
date herewith (if any) the CONTRACTOR hereby agrees with OWNER to
commence and complete the construction of certain improvements
described as follows:
BID NO. 9949 - CABLE RELOCATION PROJECT FOR THE AMOUNT OF $143,460.00
and all extra work in connection therewith, under the terms as stated
in the contract documents and at his (or their) own proper cost and
expense to furnish all materials, supplies, machinery, equipment,
tools, superintendence, labor, insurance and other accessories and
services necessary to complete the said construction in accordance
with the contract documents as defined in the General Condition of
Agreement.
The CONTRACTOR hereby agrees to commence work within ten days
after the date written notice to d❑ so shall have been given to him
and to substantially complete same within the time specified in the
contract documents.
January 12, 1989
Page 57
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment on account thereof as provided
therein.
IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in Lubbock, Lubbock County, Texas in the year and day
first above written.
ATTEST:
/s/ Ranette Boyd
Secretary
APPROVED AS TO CONTENT:
Z'sl David E. Wooslev
ATTEST:
Z's/ Mary F. McMullen
Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ B. C. McMinn
Mayor
APPROVED AS TO FORM:
/s/ Harold Willard
FLORIDA TRAFFIC CONTROL DEVICES
OF ALTAMONTE SPRINGS, FL
CONTRACTOR
By: /s/ Gregory S. Lockman
TITLE: President
COMPLETE ADDRESS: P.O. Box 418, Altamonte Springs, FL.
Florida Traffic Control Devices, Inc., Altamonte
Springs, FL.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to authorize Resolution
#3016 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
89-48A-57-40
(45.) BID #9942--Traffic controller --cabinet (Traffic
Engineering).
Traffic & Transportation Supply, Ft. Worth --I
Traffic Controller/Cabinet w/portable computer; i
Traffic Controller/Cabinet w/portable computer.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to accept low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
139-48A-57-41
1(45.) BID #10022--Annual Pricing Agreement for gravel
and _sand (Streets Department).
R.E. Janes Gravel, Slaton--15,000 cy. fine sand;
1,000 cy. 1" concrete rock; 300 cy. vealmore;
1,500 cy. backfill; 1,500 cy. crushed fines;
15,000 cy. masonry sand; 3,000 cy. Grade 3
gravel; 3,000 cy. Grade 4 gravel; 3,000 cy. Grade
5 gravel; 2,000 cy. Grade 10 gravel; 1,500 cy.
3/4" base coarse gravel; 1,000 cy. 1" base coarse
gravel.
January 12, 1989
Page 58
89-48A-581-42
(47
89-418A- 58-43
(48.)
89-48A-58-44
(49.)
89-48A-58-45
(50.)
A -Rock Sand & Gravel Materials, Slaton--3,000 cy.
Grade b gravel.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to accept low bids
meeting specifications. Motion carried: 7 Yeas;
0 Nays.
BID #9977_--Assorted tables and dollies (Civic
Center/Auditorium-Coliseum).
Hester's Office Supply--30 V X18" rectangular
tables; b 8' table dollies; 10 5' round table
transportation trucks.
Bryan Equipment Co., Bryan--250 8' rectangular
tables; 100 5' round tables.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to accept low bids
meeting specifications. Motion carried: 7 Yeas;
0 Nays.
BID #9991--Vacuum switches (Electric
Distribution).
Nelson Electric Supply--3 4-way vacuum switches.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to accept low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
Hold an Executive Session on personnel matters to
discuss appointments to:
Lubbock Civic Centers Board
Firemen's and Policemen's Civil Service
Commission
Health Facilities Development Corporation
Housing Authority Board
Lubbock: 2005 Review Committee
Parks and Recreation Board
Young Community Leaders Project Study
Committee
Consider one appointment to the Lubbock Civic
Centers Board. Mr. Luis Perez has resigned
leaving a term that will expire an August -I.,
1990.
Motion was made by Councilman Phillips, seconded
by Councilman Patterson to appoint Sammy Ribble
to the Lubbock Civic Centers Board. Motion
carried: 7 Yeas; 0 Nays.
January 12, 1989
Page 59
89-48A-59-46
(51.)
89-48A-59-47
(52.}
89.-48A-59-48
(53.)
89-48A-59-49
(54.)
89-48A-59-50
(55.)
Consider one appointment to the Civil Service
Commission (Firemen's and Policemen's Civil
Service Commission). The term of James Gorsuch_
will expire on January 29, 1989.
Motion was made by Councilman Phillips, seconded
by Mayor Pro Tem Balser to reappoint James Gorsuch
to the Civil Service Commission. Motion carried:
7 Yeas; 0 Nays.
January 14. 1989.
Motion was made by Councilman Phillips, seconded
by Councilman Patterson to reappoint Cuyler
Lawrence and Bill Collins to the Lubbock Health
Facilities Development Corporation. Motion
carried: 7 Yeas; 0 Nays.
Consider two appointments to the Housinq
Authority Board. The terms of Jane W. Bacon and
Julian Simpson expire December 19, 1988.
Motion was made by Councilman Phillips, seconded
by Councilman Patterson to reappoint Jane W.
Bacon and Julian Simpson to the Housing Authority
Board. Motion carried: 1 Yeas; 0 Nays.
Consider six appointments to the Lubbock: 2005
Review Committee. The terms of Anita Bass, Alan
1989).
Motion was made by Councilman Phillips, seconded
by Mayor Pro Tem Baker to appoint Lynn
Hutchinson, Julia Gonzales, Louise Knoohuizen,
Dick Platt and Rose Wilson, and to reappoint
Betty Anderson. Motion carried: 1 Yeas; 0 Nays.
Motion was made by Councilman Phillips, seconded
by Councilman Patterson to appoint Bob Covington
to replace Bob Hassell and John Ferguson to
replace A. B. Hunt and to hold the appointment of
Dottie Johnston to the Parks & Recreation Board.
Motion carried: 7 Yeas; 0 Nays.
January 12, 1989
Page 60
89-48A-60-51
(56.) Consider one appointment to the -Young -Community
Leaders Project Study Committee. Hilda Guaiardo
has resigned.
By consensus, Council took no action on this
item.
Motion was made by Councilman Patterson, seconded by Councilman
Carpenter to adjourn the meeting at 12:01 p.m. Motion carried: 7
Yeas; 0 Nays.
r/'tr e./Z' llleot"W —
B. C. McMINN, MAYOR
ATUCT�
Ran 3tte Boyd, City Secrd4ry
READ AND APPROVED THIS 26TH DAY OF JANUARY, 1989.
� L
13. C. MCMINN, MAYOR
'�. rf
Rane a Boyd, City Secroiy
NOTICE op GuBLIC F EA G
NOTICE I$ HEAFI!W GWEN that
the City COunti) will hold a public
THE STATE OF TEXAS
hearing On Thursday, January 11,
f��� I1"P.at9,30&'m.,intheCRYCoun-
COUNTY OF LUBBOCK
cit Chambers, 1625 13th Street,
Lubbock, Texas, to consider eec.
Y a Notary Public
Before me � i �+�} C: � � f � E . e � .. I.
Planning and
in and for Lubbock CountV, Zoning Commission
IOning Cornmfasion that zoning be
thy the at
personally appeared T a .l p A lJ f z l I t A c L r j r t
: i Ei i ..: " r changed on certain properties In
of the South Lubbock, Texas. Afllnterestedper-
50ri5 may Spggeek, then the City
pers Corporation_ publishers of the I.ubhock Avalanche -,Journal — Morning, Evening Council willac}onsuch regommen.
dations. The fallowing zone Cases
being by me duly sworn did depose and say that said newspaper has been published contif will be heard;
than fifty-two weeks prior to the first insertion of this
! l a i cG TONE CASE NO.110114l: Req�ast
�C f CA4
No.
of David Goyette (tar Gilliland &
at Lubbock Countv. Texas and tl Hall Enterprises) (Of zoning
.- G, f' y change from A-1 ToGO on Tract C.
ed copy of the 1 is a true copy of the original and was print( Woodiand Park Addlfion [East of
Avalanche -.Journal on the following dates: c CP
de oad and North of tpth
e C 2 19 1 Sli el}R
}�
ZONE CASE NO. 242C Requesi of
David Gdyefte Ifor Texas Com.
_ merce $ank7 or :aning change
J�►A`_[j/,' from R•1 and Cd to M-1 on a tract
.�
w -, out Of section it, Block A ISourh of
�.� V.S. Highway 8l Clovis Road] and
Ursu"ne STr""'
TONE CASE NO. MS: ReQuest of
!� [ C ; a u % [_ r
Graclneal Estate development
f �. •• Y change from R-1 to C-3
LUBBOCK AVALANCHE -JOURNAL!
EllOn a tract Out Of Section I Block E.
� 2 [SouthWat Carnet of 4th Street
Southwestern Newspapers Corporation
'' and Slide Rosd)-
��'
LSM
ZONE CASE M. 111a6: Appeal Of
Ouare McQueen, A. LA. fa Ironing
change from R-2 Specific Use to
Subscribed and sworn to belore me this day of
GO On LOPS 13-1
1. r i =i �.' r19 -• ediilllon Northwest Ulf,
ae
Street and Slide Road).
f�
ZONE CASE No. till: Appeal of
Michael 6. Will for zdntrrotihange
from M-1 to M•2 Speclfic use (lunk.
yard. salvage, or automobile
wrecking yard) on tracts out of
Block a], Suburban Homes Addf•
tlOn {115 East 4Mh Street}.
R-3
FORM 58.10
SAa.B7ft p1 ihe.resolullon zip
ORDINANCE 0924P
THE STATE OF TEXAS
R-29
AN ORDINANCE AMEND.
OF THEOF
l�'F9Dii
COUNTY OF LUBBOCK
IIyANCE3 TNEC006E
OF LUBBOCK BY ADDING A
Before me Frances Hernandez
_ a Notary Public in and for Lubbock County, Tex
NEW
KNOWNTION AS SECTION 71S9
personally appeared T.J.A0111,)
Mangager of the Southwe
ECTION PROVIDES
WHICH SALE WATER SEA.
pers Corporation, publishers of the Lubbock
Avalanche -Journal — Morning, Evening and
SIcE OFTO STHEIC TY SE OSPT.
being by me duly sworn did depose and say
that said newspaper has been published continuo
RATE LIMITS; PROVIOING
CONDITIONS
than fifty-two weeks prior to the first insertion of this LeaRI Mialica
FOR SUCH SER-
s CH SERVICEA-OP ov a
No.
8271ig _ at Lubbock County, Texas and the a
IHr-FOR SEVERABILfT
ed coy of the Legal Notice
p,
is a true copy g y of the on inal and was printed !
BE IT ORDAINED BYTN CITY
COUNCIL
Avalanche-Journal on the following dates:
JanUarY 141 21t
OF THE CITY O I)B-
BOCK: A y
—
SECTION 1. THAT "eeoe of
Ordinances of the CRY of Lubbm l
µ
l
BE and IS hereby amended by adQ-
lh96511 a nas Section 78-39
/j
L ► l' lIfi/JIi
Whi
+rhlch Kali reed as Nlprsv;
- •�
__"'.'`�; :'.:'_c"-��; w
[a] The City eouneti reaNIrmo
itF prier policy adapted
march L 1994 to prohib4
A o u n t CI S e r
YN� I / r , Hi' M1
!' r ^�
the sale dl water to indiytb
vnis. businesses,
LUBBOCK AVALANCHE -JOURNAL
x _ +; ,
I• •.
; s%: �,r h1rCo
epmclea
or drpani=ations that IaY
oexardethecoroorateIjrrw
�`
:That order *
(b) That pri
Southwestern Newspapers Corporation
in =r
Ih order h7 Ci1IRp►A
raise and j4tlle prasasts
and threaterAd liti,iafWA.
Subscribed and sworn to before me this 23r d day of January 1999
re4ardino the disposal of
treated Mwocipai' eHlUMt
^ cxy. {1,e Cltr cowajl
FORM 58.10
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me Frances _Hernandez_ _a Notary Public in and
personally appeared T.J. Auf i l 1 t Account Manager
R-3
for Lubbock County, T
of the Southl
pees Corporation, publishers of the Lubbock Avalanche -.Journal — Morning. Evening a
being by me duly sworn did depose and say that said newspaper has been published contin
than fifty-two weeks prior to the first ins r non of this Legal Notice
No-8 044 at Lubhock County, Texas and th
ed copy of the Legal Notice is a true copy of the original and was printer
Avalanche -,Journal on the following dates: December 28, 1988
215 Words (a .46 = $98.90 n
70 CZ
�Account ManaV-e r
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this 3 day of .tan ua ry - 19 89—_
FORM 58-10
NOTICE OF PdRL1�,)4"R1r4G
NOTICE IS HERE1111 GIVEN ttf[iC;•
!qe City Cauncif - II held aYgubltc
hearing as Tirwaday..Je� 17.
19119, at 9r4 a.m., irriha CH quo-
ell Chambers, 1625 13th Street,
Lubbock, Texas, to consider rec.
ommindatlons by the Planning and
Zoning Commission that Zoning be
changed an certain Properties in
Lubbock, Texas. Alt interested per-
sons may speak, then the City
Council wIR act on such recommen.
dalions. The following zone cases
wi I I be Mora.
ZONE CASE NO. 2104-H: Request
of David Goyette (far Gilliland 6
Hall Enleeorlses} for Zoning
change trom A-1 TD GG on Tract C,
l Woodland Park Addition CEast of
Slide Road and North of Both
5Trea11.
ZONE CASE NO. 2624: Request of
David Gayetle (for Texas Com-
merce Bank) for toning change
from R-1 and Ca to M-1 on a tract
Cut of SeCTlon 1{, Mock AL(South of
V.S. Highway 44 (Clovis Road) and
11raulIra street).
ZONE CASE NO. 2H.1: Request of
Graco Real Estate De, lopmenl
for zoning change front' R•1 to Cact out of section 3, block E•
on a tra
2 (Soufheasl corner Of 4Th Street
and Slide Road).
ZONE CASE NO. 11WS: Appear of
Duane MCOUM , A.I.A. for mning
Change from R-x Specific Use to
GO on Lets 13A2-130. Meadows Ad-
dllion (Northwest corner of MTh
Street Ards Slide Road).
ZONE CASE NO. U23: Appeal of
)Michael b. Duff for Zerling change
from M-1 I0M-2SPOClfic Use (junk-
yard, sairago, or automobile
wrecking Yard) on erects otff of
block 43. Suburban Homes Addi-
tion (715 East49%Street).
R-3
7