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HomeMy WebLinkAboutMinutes - City Council - Regular - 2/23/1989131 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING FEBRUARY 23, 1989 2:30 P.M. The City Council of the City of Lubbock, Texas met in regular session on the 23rd day of February, 1989 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 2:30 p.m. Present: Mayor B. C. McMinn, Mayor Pro Tem Joan Baker, Councilman T. J. Patterson, Councilman Gary Phillips, Councilman Bill Maloy, Councilman George Carpenter, Councilwoman Maggie Trejo, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr., and City Secretary Ranette Boyd. Mayor McMinn called the meeting to order at 2:30 p.m. 1.� The Invocation was given by City Secretary Ranette Boyd. 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. Mayor McMinn announced that Zone Case #2523, Regular Agenda Item #10, by consensus of Council after request by Proponent, will be continued until March 9 Council Meeting. Mayor McMinn stated further that, by consensus of Council, this case will not be continued again. 3.) Motion was made by Councilwoman Trejo, seconded by Councilman Patterson to approve the Minutes of the February 9, 1989 Regular City Council meeting as written. Motion carried: 7 Yeas; 0 Nays. ( 4.) Citizen Appearances 89-4:BA-131-110 ( 5.) Board Appointments Representatives of the Board of City -Development and Lubbock Chamber of Commerce appeared to FUNDING AGREEMENT AND ATTACHMENTS FILED UNDER BOARD OF CITY DEVELOPMENT SUPPORT SERVICES CONTRACT--FEBRUARY 23, 1989 IN MISCELLANEOUS FILES. February 23, 1989 Page 132 Dr. Sam Richards, Chair of the Board of City Development, and Mr. David Seim, Chair of the Lubbock Chamber of Commerce, appeared to request Council approval of Funding Agreement between the Board of City Development and the Lubbock Chamber of Commerce regarding economic development activities. The Lubbock Board of City Development (BCD) and the Lubbock Chamber of Commerce entered into agreement December 21, 1988. The BCD and the Chamber acknowledge that the BCD is bound by and must comply in all respects with the annual budget process of the City, and with Articles 689a-13, 689a-14, 689a-15 and 689a-16, V.A.C.S. Mayor Pro Tem Baker asked what is the term of Contract and if the term were extended what would be the length of extension. Dr. Richards stated that the Agreement is for 5 years but will be reviewed in 3 years with an option for extension at that time. The BCD agrees to pay and the Chamber agrees to accept, a percentage allocation of 36% of the "available funds" beginning with the 1988-89 fiscal year for each of the years of this Contract, payable in monthly installments. The Lubbock Chamber of Commerce, from these funds, will fund the budgeted and approved programs of work through the normal budget process for Commerciantes Organizados Mexico-Americanos (COMA) and the Lubbock Black Chamber of Entrepreneurs (LBCE) and shall be responsible for disbursing such funds to COMA and LBCE. The Lubbock Chamber of Commerce and the Lubbock Black Chamber of Entrepreneurs agree that for the fiscal year 1988-89, beginning October 1, 1988, the Chamber will pay 2% of the "available funds", in monthly installments to LBCE. Thereafter, beginning with the 1989-90 fiscal year, and continuing for the rest of the term of this Funding Agreement, a percentage allocation of 3% of the "available funds" for each of the remaining years. According to the Agreement between the Lubbock Chamber of Commerce and COMA for the fiscal year 1988-89, beginning October 1, 1988, COMA agrees to accept and the Chamber agrees to pay a percentage allocation of 4% of the "available funds", in monthly installments for each of the remaining years. Under the terms of the Ordinance outlining duties and responsibilities of the Board of City Development, it is necessary for Council to approve such major contracts as this. BCD and Chamber Board requested Council approval of this Contract. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize approval of Funding Agreement between the Board of City Development and the Lubbock Chamber of Commerce regarding economic development activities. Motion carried: 7 Yeas; 0 Nays. February 23, 1989 Page 133 89-48A-133-111 { 6.) ORDINANCE #9259--Establishing a 35 MPH speed limit on Avenue 0 between 22nd Street and 23rd Street, and a 45 MPH speed limit on Avenue 0 between 23rd Street and 50th Street. ORDINANCE #9259 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN PORTIONS OF AVENUE Q, AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 89-.48A-133-112 { 7.) Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to pass on second and final reading Ordinance #9259. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #9260--Estab limit on Frankford Ave the south City Limits. ORDINANCE #9260 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN PORTIONS OF FRANKFORD AVENUE, AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to pass on second and final reading Ordinance #9260. Motion carried: 7 Yeas; 0 Nays. 89-48A-133-113 (17.) Consider Resolution #3043 accepting_payingr improvements constructed by Kerr Construction Company in Stonegate Addition, Lots 309 through 366. RESOLUTIDN #3043 RESOLUTION RESDLUTIDN 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 Stonegate Addition, Lots 309 thru 366 made arrangements with Kerr Construction Company and Hugo Reed and Associates, Inc. for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above mentioned addition including the following streets: February 23, 1989 Page 134 East 1/2 of Homestead Avenue from its intersection with a line 86 feet north of north end of radius of 72nd Street to its intersection with a line 84 feet south of south end of radius of 73rd Street known and designated as New Subdivision Sub -Unit Number 76 of Unit Number 2033. 72nd Street from its intersection with the east lip line of Homestead Avenue to its intersection with the west end of radius of Genoa Avenue known and designated as New Subdivision Sub -Unit Number 77 of Unit Number 2033. 73rd Street from its intersection with the east lip line of Homestead Avenue to its intersection with the west end of radius of Genoa Avenue known and designated as New Subdivision Sub -Unit Number 78 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 of City Ordinance 1331; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above mentioned streets BE and the same are hereby accepted and the City Engineer BE and he is hereby authorized to direct the payment of the City's portion of the extra width cost in the amount of $4,501.39. SECTION 2. THAT this Resolution shall take effect and BE in force from and after its passage. Passed by the City Council this 23rd day of February, 1989. ATTEST: LsL 3anette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: LsL Larry Hertel Larry 0. Hertel, City Engineer /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney This routine acceptance of paving improvements (west of Frankford Avenue and south of 66th Street) is required at the time of platting this new subdivision. The City will participate in a portion of the cost to pave 73rd Street, in accordance with existing policies for extra -width paving quantities constructed on a designated collector street adjacent to residential property. The amount due the contractor from the City is $4,501.39. The plans and estimates for this project were done by a consulting engineering firm with testing and inspection by City personnel. Staff recommends approval. February 23, 1989 Page 135 Motion was made by Councilman Patterson, seconded by Councilman Phillips to authorize Resolution #3043 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48A-135-114 (18.} Consider Resolution #3044 authorizing the Mayor to sign Change Order No. 1 adding certain streets to the 1989 Maintenance Contract between the City of Lubbock and Caprock Highway Construction Company. RESOLUTION #3044 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 Change Order No. 1 adding certain streets to the 1989 Maintenance Contract between the City of Lubbock and Caprock Highway Construction Company, 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 23rd day of February, 1989. ATTEST: LsLRanette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: LsLDon Jennings /s1 J. Worth Fullingim Don Jennings, Street Superintendent J. Worth Fullingim, Assistant City Attorney CHANGE ORDER NO. 1 TO 1989 MAINTENANCE PROGRAM WHEREAS, the City Council has approved the 1989 Maintenance Contract as listed in the specifications on January 26, 1989. WHEREAS, the Contractor, Caprock Highway Construction Company, herein agrees to the following changes: (1) That the following streets shall be added to the 1989 Maintenance Program. (a) University Ave (b) 69th Street (c) 73rd Street (d) 79th Street from 22nd Street to 34th Street from Memphis Ave to Joliet Drive from Slide Rd. to Chicago Ave from Slide Rd. to Bangor Ave February 23, 1989 Page 136 (e) Albany Ave (f) Elgin Ave (9) Santa Fe Dr. (h) Avenue 0 from 79th Street to 82nd Street from 42nd Street to 50th Street from University Ave to Boston Ave from 16th Street to 19th Street (2) That Bid Item #1 (Asphalt for Course #1) shall be increased by 18,877 gallons. (3) That Bid Item #2 (Asphalt for Course #2) shall be increased by 27,935 gallons. (4) That Bid Item #4 (Grade 4 Rock) shall be increased by 840 cubic yards. (5) That Bid Item #5 (Grade 2 Rock) shall be increased by 1,218 cubic yards. Original Amount of Contract $1,456,815.00 Amount Increased by Change Order No. 1 $ 130,829.10 $1,587-644.10 THIS AGREEMENT WITHESSETH: In consideration of the above listed increases to the 1989 Maintenance Contract, the Owner and the Contractor agree to the herein changes. The aforementioned changes and work affected hereby, are subject to all contract stipulations and covenants. IN WITNESS THEREOF, the Owner and the Contractor have hereto set their hand this 23rd day of February, 1989. APPROVED: ZsZ B. C. McMinn 6. C. Mcl"INN, MAYOR ATTEST: /s/ IRanette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Don Jennings Don Jennings, Street Superintendent APPROVED: /s/ Kent Turner Kent Turner, President Caprock Highway Construction Company, Lubbock, Texas APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney Because of bids lower than Staff projections for the 1989 Maintenance Program, the Street Department proposes to add the following streets and quantities to the 1989 Maintenance Program as Change Order No. 1. This change would enable an additional 75,501 square yards of streets to receive a two -course seal coat. The streets proposed to be added are as follows: February 23, 1989 Page 137 89-48A-137-115 (19.) 1. University Avenue from 22nd Street to 34th Street 2. 69th Street from Memphis Ave, to Joliet Dr. 3. 73rd Street from Slide Road to Chicago Ave. 4. 79th Street from Slide Road to Bangor Ave. 5. Albany Avenue from 79th Street to 82nd Street 6. Elgin Avenue from 42nd Street to 50th Street 7. Santa Fe Drive from University Ave. to Boston 8. Avenue O from 16th Street to 19th Street The contract will be revised by Change Order No. 1 as shown below, which includes the Permanent Street Maintenance Fund. Original Amount of Contract $1,456,815.00 Amount Increased by Change Order 130,829.10 No.1 Total Contract Amount $1,587,644.10 Staff recommended that additional funds, resulting from the favorable bid, be used to adjust traffic facilities, water valve boxes and provide for patching ahead of seal coating. Motion was made by Councilman Carpenter, seconded by Councilman Phillips to authorize Resolution #3044 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Flygare for a Water Line Easement in Section 20 21, and 24, Lubbock County, Texas. RESOLUTION #3045 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Right -of -Way Department of the City of Lubbock is hereby authorized to make an offer of $2.00 per linear foot for the purchase of a water line easement to be located in Sections 20, 21, and 24, all in Block S, Lubbock County, Texas, from the owners of said property as their interest may appear, including Olga Arnett, Sam C. Arnett III, Arlette Arnett Flygare, Abby Ann Flygare, Mary Jane Arnett, Karen Elizabeth Arnett, and William Arnett Flygare. SECTION 2. THAT said rate of $2.00 per linear foot is hereby approved as the fair market value for such easement, and the expenditure therefor is declared to be a valid municipal public purpose expenditure. February 23, 1989 Page 138 Passed by the City Council this 23rd day of February, 1989. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: L Ed Buc Ed Bucy, Right -of -Way Agent 89-48A-138-1I6 (20.) /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney This north -south Water Line Easement is to be located just west of Farm Road 835 which runs along the west side of the Buffalo Lakes property. Total length of this Easement will be just over one mile at a price of $2.00 per linear foot. This Water Line Easement will be acquired to serve Lake Ransom Canyon with water. The Arnetts will be responsible for installation of the water line from the water tap to their house and water will be sold to them at rates according to the applicable Ordinance. Staff recommends approval. Motion was made by Councilman Carpenter, seconded by Councilman Maloy to authorize Resolution #3045 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Grant Program. RESOLUTION #3046 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 an behalf of the City of Lubbock a Funding Agreement by and between the City of Lubbock and Hub City Economic Development Corporation, for participation in the South Plains Association of Government's Revolving Loan Fund to provide financial assistance to qualified businesses, 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. February 23, 1989 Page 139 Passed by the City Council this 23rd day of February, 1989. ATTEST: /s/__Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ a� Ogletree Sandy Ogletree, Community Development Administrator /s/ B. C. McMinn B.C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Teresa Wright Teresa Wright Assistant City Attorney COMMUNITY DEVELOPMENT FUNDING AGREEMENT/CONTRACT FOR THE LOAN GUARANTEE PROGRAM BETWEEN THE CITY OF LUBBOCK AND HUB CITY ECONOMIC DEVELOPMENT CORPORATION STATE OF TEXAS § COUNTY Of= LUBBOCK § This Agreement is entered into this 23rd day of February, 1989 between the City of Lubbock, Texas, a home rule municipal corporation, hereinafter called "City" and Hub City Economic Development Corporation, a non-profit corporation hereinafter called "Grantee". WITNESSETH WHEREAS, the City is obligated to do and perform certain services in its undertaking of a Community Development Plan pursuant to the Housing and Development Act of 1974, as amended; and WHEREAS, the Grantee is a non-profit corporation which has a primary purpose to promote, assist and enhance economic development activities for businesses in the City of Lubbock; and WHEREAS, the services provided by the Grantee benefit citizens of the City of Lubbock and constitute a valuable public service; and WHEREAS, the City Council of the City of Lubbock has declared the economic development services to be provided by the Grantee to be a public purpose; and WHEREAS, the Grantee and the services it provides have been found to meet the criteria for funding under provision 24 CFR 570.203 of the Community Development Block Grant Regulation for economic development; and WHEREAS, the accomplishment of the public purpose is the predominant purpose of the transaction; continuing supervision by the City together with statutory and contractual requirements provide sufficient assurance that the public purpose will be accomplished; the City Council has found that the Grantee has the special expertise, knowledge and experience necessary for the administration of economic development projects and that the City will receive adequate consideration in the form of substantial public benefit; and WHEREAS, the City desires to contract with the Grantee to make available financial assistance for eligible businesses through the provision of public sector matching funds for the South Plains Association of Governments Revolving Loan Fund designed to assist new and existing businesses. February 23, 1989 Page 140 NOW THEREFORE, the City and the Corporation do hereby mutually agree as follows: 1. The assistance made available through this Agreement shall be used by the Grantee solely for the purpose of providing economic development funds to eligible businesses and projects through the South Plains Association of Government's Revolving Loan Fund. The purposes of the Revolving Loan Program include: 1. Improve and expand the economic development opportunities through private sector job creation and capital formulation. 2. To diversify local economies. 3. Provide an additional financing resource for businesses located in the CDBG Target Area. 4. Provide an incentive for businesses to locate or expand in the City of Lubbock and the CDBG Target Area. 5. Provide new or additional neighborhood services in the CDBG Target Area. 6. Benefit the low and moderate income persons, as defined by HUD guidelines, living in the City of Lubbock through the creation and retention of jobs. The Grantee shall perform the services of the program in accordance with the program guidelines as outlined in Exhibit A. 2. This Contract shall commence on or as of March 1, 1989, and shall) terminate March 1, 1990. Grantee covenants and agrees that, in the event it desires to extend the terms of this Agreement beyond its stated date of expiration, it shall submit a written request for extension at least: 30 days prior to the current expiration date hereof. The City is under no duty or obligation to grant the requested extension and that before any such extension become effective, it must be in writing as an amendment to this Agreement and approved by the City Council of the City of Lubbock. It is understood and agreed that this Agreement may be terminated by the City or the Grantee at any time by giving at least 30 days notice in writing to the other party. The notice shall stipulate the effective date of termination and to what extent performance of the work is being terminated. After receipt of notice of termination, Grantee shall stop work under the Agreement on the date and to the extent specified in the notice termination. Grantee covenants and agrees that in the event it fails to comply with or breaches any of the terms and provisions of the Agreement, City shall have the right to declare this Agreement immediately terminated, and City shall have no further responsibility or liability hereunder. 3. The City agrees to provide the Grantee assistance from Department of Housing and Urban Development funds in an amount not to exceed $100,000. It is understood and hereby agreed that it shall be the responsibility of the Grantee to perform and do the activities set forth in this agreement as consideration for the funds secured and provided by the City hereunder. 4. City agrees to pay Grantee based upon the receipt of request for funds up to $100,000 for participation in the South Plains Association of Government's Revolving Loan Fund economic development projects. February 23, 1989 Page 141 Upon approval of the loan for inclusion in the South Plains Association of Government's Revolving Loan Program a request for the required public sector matching funds will be presented to the Grantee. The Grantee shall review the loan for compliance with the CDBG guidelines and determine compliance. The Grantee shall request the funding in accordance with this Agreement from the City of Lubbock and then remit to the South Plains Association of Government's Revolving Loan Fund the required funding. The funding will be provided as a grant to satisfy the necessary matching requirements. In the event Grantee has not used the entire funded amount upon the completion of this program upon termination of this Agreement, Grantee shall refund City that unused portion within 30 days of the completion or termination of this program. 5. It is expressly understood by Grantee that this assistance is made available as part of City's Community Development Block Grant program, and as such, the activities undertaken must comply with all of the rules and regulations established by said program, including those assurances and conditions which are included as Fart 1I of this contract and hereby adopted for all purposes. Such rules and regulations shall be made a part of any contract executed between the Grantee and the other interested parties which are required for the South Plains Association of Governments Revolving Loan Fund. 5. Grantee further agrees to make its books and records available for inspection by any representative of the City that City may determine at any mutually convenient time. Grantee also agrees to provide City with such reports as the City may from time to time requiire as proof of Grantee's compliance with any and all terms and conditions of the contract. All reports or other communications relative to this agreement shall be addressed to the Community Development Administrator. 7. The Grantee agrees to provide City with copies of all printed publicity, handout materials, reports, videotapes and any other published materials which are directly related to this program. 8. Grantee agrees to include an acknowledgment of CDBG funding on all publicity, handouts, reports, videotapes and any other published materials which are directly related to this program. 9. Grantee agrees to indemnify and hold the City harmless from and against all liability for injuries or death to persons, or damage to property caused by Grantee's performance of this Agreement or by the negligence of its agents or employees, or by any persons' use of educational materials developed by Grantee, and Grantee shall give to City prompt and timely written notice of any claim instituted which in any way, directly or indirectly, contingently or otherwise, affects or might affect City and City shall have the right to compromise and defend same to the extent of its own interests. 10. No officer or employee of the City; no member of its governing body; and no other public official of the governing body of the locality in which the program is situated or being carried out who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this program shall participate in any decision relating to this Agreement which affects his or her personal interests or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. 11. No member of or delegate to the Congress of the United States and no Resident Commissioner shall be admitted to any share or part of this Agreement or to any benefit to arise herefrom. February 23, 1989 Page 142 12. The Grantee shall not assign, sell or transfer any interest in this contract without the prior written consent of the City thereof. 13. For purposes of determining venue and the law governing this agreement, activities performed under this Agreement are performed in the City and County of Lubbock, State of Texas. 14. This Agreement contains the entire Agreement of the parties. 15. None of the services covered by this Agreement shall be subcontracted without the prior written consent of the City. IN WITNESS WHEREOF, the City and the Grantee have executed this Agreement as of the first day above written. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Sandy Ogletree Sandy Ogletree, Community Development Administrator APPROVED AS TO FORM: LsL�eresa Wright Assistant: City Attorney CITY OF LUBBOCK /s/ B. C. McMinn HUB CITY ECONOMIC DEVELOPMENT CORPORATION /s/ Laurin Prather President ATTEST: /s/ Carlton Schwab Carlton Schwab Member - Board of Directors ATTACHMENTS FILED WITH RESOLUTION #3045. In October 1987 the City Council approved allocation of $300,000 of Community Development Block Grant funds for economic development projects. Originally, the proposal was to provide matching funds to the Caprock Local Development Company for an Economic Development Administration grant. The CDBG regulations and the EDA policies were not compatible, so an alternate plan was developed. The second proposal was to establish a loan guarantee program with the Community Development Block Grant funds, but HUD would not allow any drawdown of federal funds prior to default. This eliminated the possibility of offering a reduced rate of interest to a business owner. At this time, the proposal is to contract $100,000 of the original $300,000 allocation to the Hub City Economic Development Corporation (HCEDC) for one year. The funding would be used as the required 25% public sector match for the South Plains Association of Governments Revolving Loan Fund (SPAG-RLF). February 23, 1989 Page 143 On March 30, 1988, the South Plains Association of Governments received approval of $500,000 of EDA funding. This funding required a $167,000 local match; thus, all loans which are made through the fund require a public sector match of 25%. The loan fund can be utilized to assist businesses within 13 West Texas counties including the City of Lubbock and Lubbock County. The loan proceeds may be used to finance working capital, acquisition of machinery and equipment, buildings and land, and consolidation of accounts payable. Existing loans cannot be refinanced. The maximum loan is $200,000 with no more than 33% of the total project cost being requested from the loan fund. The term of the loan is tied to the useful life of the assets pledged as collateral. Working capital loans may not exceed five years. The interest rate of the loan is determined by the SPAG-RLF Board based upon the strength of the proposal. The rate could be set at 5 points below the equivalent treasury rate. The review committee also reviews the proposal for credit worthiness, job creation, and compliance with EDA guidelines and requirements. One of the requirements of the SPAG-RLF program is the provision of a 25% local matching grant, which must be made by a chamber of commerce, economic development corporation, city or county. The Lubbock CDBG allocation would be utilized for this match for loans made within the City limits of Lubbock only, and for projects meeting CD guidelines. The Hub City Economic Development Corporation is a non-profit corporation which operates from the Board of City Development. The purposes of the corporation include: a. Assist eligible individuals and businesses through the provision of services designed to improve existing business capabilities and strengths or for the development of new businesses as may be appropriate. b. To assist small businesses in obtaining loans and other financial resources as to increase the effectiveness of existing businesses or the development of new businesses; and c. To provide such other and further services to small businesses designed to strengthen them and promote the public interest as are in the corporation's capacities. The review committee of the Hub City Economic Development Corporation would evaluate loan proposals for inclusion in the Economic Incentive Fund. The primary purpose of this review is to ensure compliance with the CDBG regulations. The loan proposal will be initially reviewed and approved for inclusion in the SPAG-RLF prior to being referred to the Hub City Economic Development Corporation. February 23, 1989 Page 144 Upon approval by HCEDC, the required funding to provide the public sector match would be requested from the City's CDBG funding. The funding will be provided to the SPAG-RLF as an on -going grant that will remain in the RLF. Motion was made by Councilwoman Trejo, seconded by Councilman Patterson to authorize Resolution as recommended by Staff. Motion carried: 7 Yeas; D Nays. 89-48A-144-117 (21.) Consider Resolution #3047 authorizing the Mayor to sign an Agreement to purchase water allocation from the City of Pampa. RESOLUTION #3047 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract to be entered by and between the City of Lubbock and the City of Pampa for the sale of water from the City of Pampa to the City of Lubbock as provided in said contract, 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 23rd day of February, 1989. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Sam Wahl Sam Wahl, Director of Water Utilities U_ B. C. McMinn B. C. MCMINN, WYOR APPROVED AS TO FORM: ZsZ J. Worth Fullin im J. Worth Fullingim, Assistant City Attorney AGREEMENT CITY OF PAMPA, TEXAS ("Pampa"), a home -rule city under the laws of the State of Texas, acting by and through its Mayor hereunto duly authorized, and the CITY OF LUBBOCK TEXAS ("Lubbock"), a home -rule city under the laws of the State of Texas, acting by and through its Mayor hereunto duly authorized, for and in consideration of the mutual covenants hereinafter made, DO CONTRACT AND AGREE as follows: 1. Pampa agrees to sell to Lubbock, and Lubbock agrees to purchase from Pampa, 800,000,000 gallons of untreated water during each calendar year of this Agreement to be delivered to Lubbock at its point of delivery for Lubbock's water allocation by the Canadian River Municipal Water Authority ("CRMWA") at Lake Meredith, Hutchinson County, Texas, out of Pampa's allocation by CRMWA. February 23, 1989 Page 145 2. If Pampa has additional water available, it will notify Lubbock and Lubbock shall have the option to purchase up to an additional 200,000,000 gallons of water during any calendar year of this Agreement upon the same terms and conditions as provided in this Agreement. Lubbock shall exercise this option by written notice to Pampa within thirty (30) days after Pampa notifies Lubbock that such additional water is available; otherwise, the option for that calendar year shall lapse. 3. Lubbock agrees to pay to Pampa, at Pampa, Gray County, Texas, for said water at the rate of 12.5t per 1,000 gallons. Payment for the fixed, annual purchase of 800,000,000 gallons shall be made no later than May 15th of each year during the term of this Agreement. The additional gallons of water which may be purchased under Paragraph 2 above will be paid by Lubbock upon the exercise of the option. 4. The term of this Agreement shall be for four (4) years and eight (8) months, beginning on May 1, 1989, and ending on December 31, 1993, and shall continue thereafter as a year-to-year Agreement provided, however, that either party may give written notice to the other party to terminate this Agreement no later than November 1 prior to the expiration of the primary term of this Agreement or any annual extension thereof. 5. Lubbock further agrees to pay all expenses relating to the delivery of said water, including, without limitation, all pumping, chemical and pipeline costs. 6. THE WATER IS SOLD AS IS AND WITH ALL FAULTS. PAMPA DOES NOT WARRANT THAT THE WATER IS FIT FOR ANY PARTICULAR PURPOSE. THE WATER 11S, SOLD WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED. ►. This Agreement is contingent upon the approval of the Board of Directors of CRMWA and the ability of CRMWA to transport the water to Lubbock through the existing pipeline serving Lubbock. 8. In the event that Pampa's allocation is not sufficient to meet its needs and the amount of water to be sold hereunder, Pampa will notify Lubbock in writing of the amount of allocation available, and Lubbock shall have thirty (30) days in which to either accept the amount so allocatee (with the sales price at 12.5t per 1,000 gallons) or to terminate this Agreement. In the event that Lubbock has prepaid for any water which cannot be delivered, Pampa will refund any overpayment. 9. Any written notices required to be given under this Agreement shall be deemed given upon being mailed, by certified mail, return receipt requested, postage prepaid, and addressed to the other party as follows: City of Pampa ATT: Director of Public Works P. O. Box 2499 Pampa, TX 79066-2499 City of Lubbock ATT: P. O. Box 2000 Lubbock, TX 79457-2000 10. This Agreement may not be assigned by Lubbock without the prior written consent of Pampa. February 23, 1989 Page 146 EXECUTED in triplicate originals this the 21st day of February, .;. ATTEST: Is1 Phyllis Jeffers City Secretary ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary CITY OF PAMPA, TEXAS Is1 David A. McDaniel David A. McDaniel Mayor CITY OF LUBBOCK, TEXAS /s/ B. C. McMinn B. C. McMinn Mayor APPROVED THIS the 12th day of April, 1989. CANADIAN RIVER MUNICIPAL WATER AUTHORITY By: See Attachment John C. Williams, General Manager ADDENDUM TO AGREEMENT City of Pampa -- City of Lubbock Transfer of Water The! foregoing Agreement is approved by the Board of the CRMWA. The approval, however, is conditioned that the Agreement is subject to the Board's authority to allocate water among the member -cities and also the member -cities' prior right to pipeline capacity. It is also conditioned that the expenses relating to delivery of the water will be paid to CRMWA when they are due. Done this 12th day of April, 1989. CANADIAN RIVER MUNICIPAL WATER AUTHORITY By: /s/ John C. Williams John C. Williams General Manager The City of Pampa has offered to sell to the City of Lubbock 800 million gallons of water each year for the next five years at a price of 12 1/2 cents per 1,000 gallons. The City would also have the option, if Pampa has the water available, to purchase up to an additional 200 million gallons of water any year during this Agreement. After the initial five years, the Agreement may continue on a year to year basis. Maloy asked if 12 1/2 cents is the rate the City currently pays. City Manager Larry Cunningham replied that this is a reduced rate covering only the capital cost. Councilman Carpenter suggested Mayor McMinn write Mayor of Pampa to express the City of Lubbock's appreciation for this opportunity. Staff recommended that Council authorize this Agreement with the City of Pampa for the water from Lake Meredith to be effective May 1, 1989 - December 31, 1993. February 23, 1989 Page 147 Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize Resolution #3047 as recommended by Staff. Motion carried: 7 Yea; 0 Nay. 89-48A-147-118 (22.) Consider_ Resolution #3048 authorizing the Mayor to accept water and sewer improvements in West Chase Addition, Lot 1. RESOLUTION #3048 RESOLUTION RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOT 1, WEST CHASE ADDITION. WHEREAS, the developer of Lot 1, West Chase Addition have complied with the provision of the City of Lubbock Code, Chapter 28, Article IV, by providing the water and sewer improvements for said addition in accordance with paragraph 156 of said Chapter 28; and WHEREAS, the total utility cost to the developer is $11,488.54 with the improvements constructed by Panhandle Construction Company having a value of $10,424.63 as determined by the unit prices established by said Chapter 28, and $1,142.86 cash paid to the City, with First Federal Savings Bank, the developer, to receive a refund of $5,567.93 in accordance with Chapter 28 of the Code of the City of Lubbock and a refund of deposit in the amount of $78.95; and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $5,567.93 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $78.95. SECTION 4. THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 23rd day of February, 1989. ATTEST: Z.sl Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Zsl Wilford Watson Wilford D. Watson, Chief Water Utilities Engineer Is/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Zsl J. Worth Fullin im J. Worth Fullingim, Assistant City Attorney February 23, 1989 Page 148 This is a routine acceptance of water and sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $11,488.54 and a $5,567.93 refund is due the developers in accordance with Chapter 28 of the Code of Ordinances, as well as a $78.95 refund of deposit. Staff recommended approval of this Resolution. Motion was made by Councilman Patterson, seconded by Councilman Maloy to authorize Resolution #3048 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48A-148-119 (24.) BID #10062--Filter gravel and sand Water Treatment Texas Mining Company--600 Tn. Filter Sand. Arkhola Sand & Gravel Co.--60 Cy. 3/4" to 1/2" Filter Gravel; 60 Cy. 1/2" to 1/4" Filter Gravel; 60 Cy. 1/4" to 1/8" Filter Gravel; 60 Cy. 1/8" to #10 Filter Gravel. Motion was made by Councilman Carpenter, seconded by Councilman Phillips, to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Hays. 89-48A-148-120 (25.) BID #10021--Annual pricing Agreement for lamps [Central Warehouse Southwestern Electric Supply--240 ea. A191F 25W Lamp; 240 ea. 189W Lamp; 240 ea. 150W Lamp; 1,500 ea. 100W If Lamp; 200 ea. 300W Med. Base Clear Lamp; 96 ea. 150W RS Lamp; 320 ea. 75W RS If Lamp; 60 ea. 300W Clear Base Lamp; 60 ea. 24" Flourescent Daylight; 20 ea. F15T8/CW Lamp; 80 ea. 75W R 30 Fl Lamp; 96 ea. F20T12/CW Flourescent Lamp; 30 ea. 250 R40/1 Lamp; 300 ea. Q1500T3/CL Lamp; 48 ea. F20T23WW Lamp; 240 ea. 25T61/2DC/If Lamp; 12 ea. 7-1/2 S/R 115-125 Lamp;3 ea. LU1000 Lamp Sodium Vapor; 120 ea. 151`6 145V Lamp Incandescent; 8 ea. LU 70 Lamp; 600 ea. 150 R/FL Lamp.; 20 ea. 1000W 130W Mog CL Lamp 1000PS; 8000 ea. F40CW Lamp; 72 ea. F96T12D Lamp; 330 ea. F40T12D Lamp; 180 ea. F96T12/CW Lamp; 48 ea. F48T12/CW Lamp; 24 ea. F72T12/CW/H0 Lamp; 4 ea. M1000/U Lamp Metal Halide; 15 ea. F72T12/CW Lamp; 48 ea. F48T12/CS/HO Lamp; 60 ea. F96T12/CW- SHO Lamp; 24 ea. 50A/RS 30V Lamp; 24 ea. F40/GRO Lamp; 240 ea. U-Bent Lite White Lamp WESCO F640LW/EW-II. Item 2 - Tie bid for 600 ea. 60W Clear Lamp between General Electric Supply Co. and Fields & Co.; Mayor McMinn, in a drawing, selected the Company Name: Fields & Co. February 23, 1989 Page 149 General Electric Supply Co.--1,000 ea. 20OW If Lamp; 360 ea. 75W RS SL Lamp; 280 ea. 40OW MV Lamp; 12 ea. 300/R/FL/1 Lamp; 400 ea. 40OW Sodium Vapor Lamp; 550 ea. 250W Sodium Vapor Lamp; 12 cs. Flash Bar Lamp; 96 ea. 150Q Lamp; 240 ea. 25T61/1ntr Lamp; 24 ea. 50OT3Q/CL/U Lamp; 24 ea. EP2 Lamp; 16 ea. 1200 T 20 Lamp for Rotating Beacon; 260 ea. 150OW 130 CL Lamp Mog Base; Fields & Co.--600 ea. 60W Clear Lamp; 24 ea. 10OW 230V Lamp; 4 cs. Flip Flash Lamp; 36 ea. Q 20A/Par 56 Lamp Quartz; 150 ea. 40W Ballast; 40 ea. Ballast; 120 ea. Advance Ballast VQM2540TP 277. Temple Inc.--360 ea. 6 6A/T10/R Lamp. Westinghouse Electric Supply--1,200 ea. 75W If Lamp; 72 ea. 175W MV Lamp; 96 ea. 50OW MOG Lamp; 800 ea. 150 PAR FL Lamp; 74 ea. 360W Sodium Vapor Lamp; 900 ea. 10OW Sodium Vapor Lamp; 30 ea. FCBT9WW Lamp; 24 ea. LU 150 Lamp; 300 ea. F96T12/CW/HO Lamp; 180 ea. F40WW Lamp. Motion was made by Councilman Carpenter, seconded by Councilman Phillips, to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 89-48A-149-121 (26.) RFP #9998--Laser Printer Information Services). Xerox --Total Monthly Payment 1,000,000 Impression. The staff of the Information Services Department recommends that the mainframe Laser Printer be awarded to Xerox on a five-year lease. The Xerox five-year lease bid is some $2,000 per month less than IBM and the Xerox system has an off-line printing feature not found on the IBM. The lease plan provides several advantages: 1. At the end of the five-year term, the City would not be left with an outdated machine if technology advances as quickly as we believe it will. 2. The lease gives us the flexibility to upgrade to a color laser should that become available during the term. 3. The opportunity cost of capital savings to the City by leasing vs. purchase is estimated at $39,600 over the five year term. Motion was made by Councilman Carpenter, seconded by Councilman Phillips, to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. February 23, 1989 Page 150 89-48A-150-122 (27.) BID #10077--PVC pipes and fittings Water Utilities)._ Transtex Supply Co.--4,300' of 12" SDR 51 PIP; 4,450' of 18" SDR 51 PIP. Rohan Co.--2 ea. 14" MJ x 12" MJ Reducer. C & C Municipal Supply--1 ea. 12" MJ x 10" FLG,Reducer. O'Tool Plastic Pipe Co.--900' of 15" SDR 51 PIP; 1,600' of 21" SDR 51 PIP; 1,500' of 10" SDR 51 PIP. Fields & Co.--1 ea. 18" x 12" Reducer. Clowe & Cowan --I ea. 10" FLG x PE Adapter; 1 ea. 21" x 18" PVC Reducer SDR 51, 80 PSI; 1 ea. 21" x 10" PVC Tee; 1 ea. 18" x 12" PVC Tee; 2 ea. 18" x 10" PVC Tee; 2 ea. 18" 45 Degree ELL; 1 ea. 18" x 15" PVC Reducer. Motion was made by Councilman Carpenter, seconded by Councilman Phillips, to authorize low bids meeting specifications. Motion carried: 0 Yeas; 0 Nays. 89-413A-150-123 (28.) BID #10066--Miscellaneous utility items Central Warehouse]. Westinghouse Electric Supply--1,000 ea. 17.5KV Pin Insulator; 100 ea. #1/0-4 Service Wedge; 250 ea. Tree Guard. Techline Inc.--2,000 ea. 5/8 MF Locknut; 1,000 ea. 1/2" MF Locknut. Poleline Electric Supply--100 ea. 5/8 x 22 DA Bolt; 2,000 ea. 1 2/4 x 2 1/4 x 3/16 Sq. Washer; 100 ea. 3/4" Insulator Pin; 4,000 ea. #16 Quad Service Drop. Graybar Electric Co.--10 ea. Runway Light Clamp; 10 ea. Runway Lighting Coupling; 50 ea. 15 AMP Fuse Link. Temple Inc.--400 ea. #2 Solid Copper Sleeve; 20 ea. #2 Elbow 200 AMP; 20 ea. Transformer Cluster Mt. Cummins Supply--6 ea. Air Switch 15 KV; 200 ea. 16" Cross Plate Anchor. Motion was made by Councilman Carpenter, seconded by Councilman Phillips, to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. February 23, 1989 Page 151 89-48A-151-124 (29.) BID #10075--Water Sup2ly Line at Lake Ransom Canyon, and authorize same (Water Utility Engineering). Awarded to Utility Contractors of America, Inc. RESOLUTION #3049 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 Utility Contractors of America, Inc. for water supply line, 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 23rd day of February, 1989. ATTEST: /s/ Ranettte 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: Ls/ Harold Willard Harold Willard, Assistant City Attorney CONTRACT THIS AGREEMENT, made and entered into this 23rd day of February, 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 Utility Contractors of America of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 10075 - WATER SUPPLY LINE AT LAKE RANSOM CANYON FOR THE AMOUNT OF $69,399.00 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. February 23, 1989 Page 152 The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted 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 APPRt7VE0 AS TO CONTENT: Is. ia_ u__y Wilson CITY OF LUBBOCK, TEXAS (OWNER) /s/ B. C. McMinn Mayor APPROVED AS TO FORM: /s/ Donald G. Vandiver ATTEST: Utility Contractors of America Inc. of Lubbock s Britt; Lane CONTRACTOR Secretary By: Ls/ -Britt Britt Lane TITLE: President COMPLETE ADDRESS: 5520 Brownfield Hwy, Lubbock, TX 79407 Motion was made by Councilman Carpenter, seconded by Councilman Phillips, to authorize Resolution #3049. Motion carried: 7 Yeas; 0 Nays. 89-413A-15C-125 (23.) 89-48A-152-126 ( 8.;) ORDINANCE #9261--ZONE CASE #2626 (located ORDINANCE #9261 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2626; A ZONING CHANGE FROM R-1 TO A-2 ZONING, LIMITED TO CHURCH USES, ON LOTS 1, 2, 3 AND 4, BLOCK 15, TRIGG HEIGHTS ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATIDN. The Reverend Field Bennings presented his request for zone change to allow a church in a residential district. February 23, 1989 Page 153 Assistant City Manager Jim Bertram advised that prior to 1975, churches were a permitted use in R-I and that the updated Ordinance in 1975 placed churches in the A-2 zone as a permitted use because of their non-residential character, traffic flow and other land use differences. Other than in A-2 and commercial zones, proposed sites are subject to a public review. No one appeared in apposition and Mayor McMinn closed the Hearing at 3:07 P.M. Mr. Bertram gave the adjacent land use relationships as follows: North - Vacant and R-1 South - Vacant and R-1 East - Vacant and R-1 West - Vacant and Single -Family Homes The Comprehensive Land Use Plan states that churches should be placed adjacent to thoroughfares. The location requested is a full block of 8.52 acres. Block 15 is adjacent to King and Ivory Avenues, one block north of 82nd Street which is the closest thoroughfare. Access from the south (82nd Street) on Ivory and King Avenues is unpaved. Mr. Bertram pointed out that land uses in the area have been stable for a lengthy period of time; water and sewer services are available to the tract; and several citizens in the adjacent subdivision supported the change at the hearing. The use of the property will increase traffic within the subdivision to some extent, although the very low density of development indicates excess capacity exists in the area now. The streets are unpaved. The Planning and Zoning Commission approved this request subject to the following condition: 1. Tied to church and church related uses. Staff recommended that the City Council uphold the Planning and Zoning Commission. Motion was made by Councilman Patterson, seconded by Councilman Carpenter to authorize Ordinance #9261 as recommended by Staff and Planning and Zoning Commission. Motion carried: 7 Yeas; D Nays. February 23, 1989 Page 154 89-48A-154-127 ( 9•) R-1 on tracts out of Section 26, Block E-2. ORDINANCE #9262 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2402-B; A ZONING CHANGE FROM GO AND C-2 TO C-2; R-2, GO & C-2 TO GO; R-2 AND GO TO R-1 ZONING ON TRACTS OUT OF SECTION 26, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. David Goyette presented this request for an adjustment to the existing C-2, GO and R-2 zoning at southeast corner of 82nd and Frankford Avenue. No one appeared in opposition and Mayor McMinn closed the Public Hearing at 3:10 P.M. Assistant City Manager Jim Bertram stated that this request adjusts primarily the "GO" buffer, and creates a net gain for R-1 single family. He stated that the adjacent land use relationships are as follows: North - R-1 South - Vacant East - Vacant West - Vacant As a development at the corner of two major thoroughfares, the request is consistent with the Comprehensive Land Use Plan. The only deviation from the Plan is the extension of C-2 east along 82nd Street. The Plan notes a policy of 660' from the section line, but the current zone district exceeds the policy. Including the conversion of R-2 to GO, there is no increase of non-R-I zoning to the east. This request decreases C-2 by 10%, eliminates R-2, and adds 9.5 acres back into R-1 single family. The request is consistent with Zoning Policy but the existing Ordinance does not have the standard "Site Plan review prior to a construction permit." Proponents did not object to Council adding to this Ordinance a requirement for Site Plan review prior to a construction permit. The Planning and Zoning Commission recommended approval of this request by a vote of 9-0. Staff recommends that the City Council uphold the Planning Commission and add the condition of Site Plan review prior to issuance of permit. February 23, 1989 Page 155 89-48A-155-128 (10.) 89-48A-155-129 (11.) 89-48A-155-130 (12.) 89-48A-155-131 (13.) 89-48A-155-132 (14.) Motion was made by Councilman Carpenter, seconded by Councilman Malay to authorize Ordinance #9262 as recommended by Staff with stipulation of Site Plan review before Construction Permit is issued. Motion carried: 7 Yeas; 0 Nays. ZONE CASE NO. 2623 (located 715 East_49th Street) --Request of Michael B. duff (for Rainbow Wrecker Service) for zoning change from M-1 t❑ M- 2 Specific Use (,junkyard, salvage,--or-automobile wrecking yard) on tracts out of Block 43, Suburban Homes Addition. Motion was made by Councilman Patterson, seconded by Councilman Malay to continue this hearing until the March 9, 1989 Council Meeting with stipulation that this will be the last continuance of this request. Motion carried: 7 Yeas; 0 Nays. Hold a Public Hearing to consider the request of Lif-Lubheirs #5). Consider approval of an Oil and Gas Drilling_ Permit for Texland-Lif-Lubheirs #5. Hold aPublic Hearing to consider the request of Texland Petroleum for an Oil and Gas Permit for a tract located approximately 300 feet north of Municipal Drive and 1,836 feet east of North uirt Texland Lif-Lubheirs #6). Consider approval of an Oil and Gas Drilling Permit for Texland-Lif-Lubheirs #6. Dub Bratcher, representing Texland Petroleum, presented this request for Oil & Gas Permits. He stated that the City owns 1/2 of the mineral rights; storage will be off site rather than on site as originally planned; and that bond and insurance documents are not currently available but will be presented before issuance of actual permits. No one appeared in opposition. Mayor McMinn closed Public Hearings on #5 and #6 at 4:10 P.M. Staff memo indicated that February 23, 1989, the City received an application for permit to drill this well in which the City has one-half interest in the mineral rights. The application is substantially in order. The production unit is already unitized, and the well is a part of a secondary recovery operation. Texland proposes earthen sludge pits and no landscaping at the well and storage site. The blowout protector has a minimum rating of 3,000 February 23, 1989 Page 156 psi and disposal of waste materials is proposed at a Railroad Commission approved dump outside Lubbock County. Access to the drilling and storage site is proposed from Municipal Drive via private property. SHORT TERM IMPACTS: A minimum of impact is expected for the short term since the general vicinity is either undeveloped or industrial. POTENTIAL LONG TERM IMPACTS: The land area surrounding and including this lease is designated industrial on the 1986 Comprehensive Land Use Plan. Since existing uses to the west are industrial (McCrory's Warehouse) and agricultural to the east, no long term negative impacts are anticipated. RECOMMENDED PERMIT CONDITIONS: 1. No hydrocarbon lubricant (waste oil) shall be used to free -up the hole during drilling until after the first series of surface casing has been set to 350' or greater. 2. The permittee shall require that a first series of casing be set when drilling reaches a depth of 350-400'. The permittee shall notify the Lubbock office of the Texas Railroad Commission of the intended dates for casing the well 3. The first and second series of casing shall be in substantial compliance with applicable portions of Rule 13 of the Texas Railroad Commission. 4. The permittee shall meet all other conditions of Section 14, Article VI of the Lubbock Code and those specifications indicated within the appli cation of Texland for Texland-Lif-Lubheirs #5. On February 5, 1989, City received an application for permit to drill well #6. The City of Lubbock has one-half interest to these mineral rights also. That application is substantially in order. The production unit is already unitized, and the well is a part of the secondary recovery operation. Texland proposes earthen sludge pits and no landscaping at the well and storage site. The blowout protector has a minimum rating of 3,000 psi. Disposal of waste materials is proposed at a Railroad Commission approved dump outside Lubbock County. Access to the drill and storage site is proposed from Municipal Drive or North Quirt on private property. SHORT TERM IMPACTS: A minimum of impact is expected for the short term since the general vicinity is either undeveloped or industrial. POTENTIAL LONG TERM IMPACTS: The land area surrounding and including this lease is designated industrial on the 1986 Comprehensive Land Use Plan. Since the existing use to the west is industrial and agricultural to the east and north, no long term negative impacts are anticipated. February 23, 1989 Page 157 89-48A-157-133 (22A.) RECOMMENDED PERMIT CONDITIONS: 1. No hydrocarbon lubricant (waste oil) shall be used to free -up the hole during drilling until after the first series of surface casing has been set to 350' or greater. 2. The permittee shall require that a first series of casing be set when drilling reaches a depth of 350-400'. The permittee shall notify the Lubbock office of the Texas Railroad Commission of the intended dates for casing the well. 3. The first and second series of casing shall be in substantial compliance with applicable portions of Rule 13 of the Texas Railroad Commission. 4. The permittee shall meet all other conditions of Section 14, Article VI of the Lubbock Code and those specifications indicated within the appli cation of Texland for Texland-Lif-Lubheirs #5. Motion was made by Councilman Patterson, seconded by Councilman Phillips to approve Oil and Gas Drilling Permits for Texland Lif-Lubheirs #5 and Lif-Lubheirs #5 as recommended by Staff, and authorizing issuance of the permits upon receipt of Bonds or Letters of Credit and Certificate of Insurance. Motion carried: 7 Yeas; O Nays. Agreement above mentioned. RESOLUTION #3050 RESOLUTION BE IT RESOLVEO 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 of Sale by and between the City of Lubbock and Billy Huddleston, 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; and THAT the Mayor of the City of Lubbock be further authorized to sign any and all other contracts of sale in substantial compliance with the terms of the Contract of Sale and Memorandum of Agreement entered by and between the City of Lubbock and the property owners in and around the Justiceburg Reservoir Project as specifically mentioned in the Memorandum of Agreement dated April 3, 1985. February 23, 1989 Page 158 Passed by the City Council this 23rd day of February, 1989. ATTEST: /s1 Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: L Sam Wahl Sam Wahl, Director of Water Utilities THE STATE. OF TEXAS § COUNTY OF GARZA & § COUNTY OF KENT § /s/ B. C. McMinn B.C. McMINN, MAYOR APPROVED AS TO FORM: /sZ James P. Brewster James P. Brewster, Civil Trial Attorney CONTRACT OF SALE KNOW ALL MEN BY THESE PRESENTS: BY THIS AGREEMENT AND CONTRACT, Billy Huddleston of Scurry County, Texas, as the Seller and hereinafter called "LANDOWNER," and the City of Lubbock, a home rule municipal corporation of Lubbock County, Texas, as the Buyer and hereinafter called "CITY," by which Landowner agrees to sell to City and City agrees to buy from Landowner the property, rights, titles and easements hereinafter described upon the terms and conditions following: WITNESSETH 1. That Landowner has agreed, and does hereby agree, to sell and convey unto City, and does hereby sell and agree to convey unto City the surface land to be acquired in fee (the oil and gas and other hydrocarbon minerals being reserved to Seller as set forth in the :Memorandum of Agreement attached hereto) by warranty deed, free and clear of all outstanding liens, mortgages, deeds of trust or other indebtedness, but subject to any and all easements, leases, rights -of -gray, restrictions, outstanding mineral interests and royalty interests, if any, relating to or affecting the herein described real property, existing on the date of execution of the Memorandum of Agreement, all those certain tracts or parcels of land lying and situated in Garza County and Kent County, Texas, and being more particularly described as follows, to -wit: TRACT(S) A: Land described and referred to as Reservoir Area "A" containing 490.50 acres out of Sections 56 and 69, Block 5, H.&G.N. R.R. Co. Survey, Garza and Kent Counties of Texas, described in description 7 page's in length, certified to by Wilson Surveying Company, Inc. dated November, 1987, and land described and referred to as Reservoir Area "B" containing 5.56 acres out of Section 69, Block 5, H.&G.N. R.R. Co. .survey, Garza County, Texas, described in description 2 pages in length, certified to by Wilson Surveying Company, Inc. dated November, 1987, all as set forth in Exhibit hereto attached and made a part hereof by reference as if fully copied herein in detail in this place. February 23, 1989 Page 159 TRACT(S) B: Land described and referred to as the Dam and Construction Area containing 788.60 acres out of Sections 55 and 69, Block 5, H.&G.N. R.R. Co. Survey, Garza and Kent Counties of Texas, described in description 4 pages in length, certified to by Wilson Surveying Company, Inc. dated November, 1987, all as set forth in Exhibit hereto attached and made a part hereof by reference as if fully copied herein in detail in this place. TRACTS) C: Land described and referred to as Unusable Land "A" containing 0.15 acres out, of Section 69, Block 5, H.&.G.N. R.R. Co. Survey, Garza County, Texas, described in description 1 page in length, certified t❑ by Willson Surveying Company, Inc. dated November, 1987; land described and referred to as Unusable Land "B" containing 3.00 acres out of Section 69, Block 5, H.&.G.N. R.R. Co. Survey, Garza County, Texas, described in description 2 pages in length, certified t❑ by Wilson Surveying Company, Inc. dated November, 1987; land described and referred to as Unusable Land "C" containing 0.51 acres out of Section 69. Block 5, H.&.G.N. R.R. Co. Survey, Garza County, Texas, described in description I page in length, certified to by Wilson Surveying_ Company, Inc. dated November, 1987; land described and referred to as Unusable Land "D" containing 291.91 acres out of Section 69, Block 5, H.&.G.N. R.R. Co. Survey, Garza County, Texas, described in description 5 pages in length, certified to by Wilson Surveying Company, Inc. dated November 1987; and land described and referred to as Unusable Land "E" containing 257.99 acres out ❑f Section 55, Block 5, H.&G.N. R.R. Co. Survey, Garza and Kent Counties ❑f Texas, described in description 2 pages in length, certified t❑ by Wilson Surveying Company, Inc. dated June, 198B, all as set forth in Exhibit hereto attached and made a part hereof by reference as if fully copied herein in detail in this place. 2. In and for the consideration hereinafter stated and such specific consideration therefor as provided in the Memorandum of Agreement attached hereto, the Landowner, when necessary, will provide the City easements described by metes and bounds for one or more water pipelines, electric transmission lines and communication lines from the pump station across their property, together with temporary construction easements t❑ construct and install water pipelines, electric transmission lines and communication lines, the pump house, dam, reservoir and other facilities required by City to complete the Justiceburg Project. 3. In and for the consideration hereinafter stated, Landowner further agrees, when necessary and upon request by the City, to provide the City, without cost, an easement for an all- weather service road, such easement area being in the location described and referred t❑ as "Section 97, Block 5" at the top of the page of a one (1) page description that describes a 3.63 acre easement out ❑f Section 97, Block 5, H.&G.N. Survey, Garza County, Texas, certified to by Wilson Surveying Company, Inc. dated July, 1987, all as set forth in Exhibit attached heret❑ and made a part hereof by reference as if fully copied herein in detail in this place. 4. That Landowner further has agreed, and does hereby agree, t❑ sell and convey unt❑ City, and as applicable does hereby sell and agree to convey unto City, such ❑ther rights, titles, interests and privileges, and upon such terms, conditions and limitations, as agreed, set forth and defined in that certain Memorandum of Agreement to which Landowner and City were parties, dated the 3rd day ❑f April, 1986, a copy ❑f which Memorandum of Agreement is attached hereto and by such attachment is incorporated and made a part of this Contract of Sale for all purposes. In the event of any inconsistency between this Contract of Sale and the attached Memorandum, either by inclusion of matter or omission, the provisions of the Memorandum of Agreement shall control. February 23, 1989 Page 160 5. That in consideration of the conveyance to it by Landowner of the property, rights and easements above described, City agrees to pay to Landowner the amounts calculated, and at the times provided, in the Memorandum of Agreement attached hereto and made a part of this Contract. This consideration is summarized only as follows: A. The sum of $800.00 per acre for all acreage defined by metes and bounds in paragraphs 1A, 1B, 1C and 1D, which sum shall be full consideration for all titles and easements described in paragraphs 1A, 1B, 1C, 1D, 2A, 2B and 2G (as applicable), as such paragraphs appear in the proposed farm for Contract of Sale incorporated by and attached to the Memorandum of Agreement. B. The sum of $20.00 per rod (and for an area 60 feet in width) for all easement areas defined in paragraphs 2C, 2D, 2E and 2F (as applicable), of the proposed farm for Contract of Sale attached to the Memorandum of Agreement. Notwithstanding anything contained herein or the Memorandum of Agreement attached hereto to the contrary, it is acknowledged and agreed that certain Landowners may not, due to prior separation or conveyance, own the minerals on their property. Such Landowners shall only be required to convey the surface without the minerals and shall be compensated at the rate of $800.00 per acre for the property conveyed. 6. The times and amount of each such payment shall be as specifically provided in the Memorandum of Agreement. The City shall consider and treat all other terms, conditions and limitations, as set forth and defined in the attached Memorandum of Agreement to the extent same imposes duties or obligations upon City, as required of Cite as a part of its consideration due hereunder. Unless otherwise expressly specified, in the event of any inconsistency between this Contract of Sale and the attached Memorandum, either by inclusion or omission, the provisions of the Memorandum of Agreement shall control. 7. Prior to the date any warranty deed or easement instrument is required by this Contract or the Memorandum of Agreement attached, the City at its sale cost shall arrange to secure such abstracts of title covering the real estate which is the subject of this Contract as appropriate for examination by an attorney of its own selection, and/or it may arrange to secure or obtain at its sole cost a policy of title insurance. 8. Any objections to the title appearing upon examination, or in the process of securing a policy of title insurance, which objections remain the duty of Landowner to cure under the terms of the Memorandum of Agreement, shall be set forth in writing and deliivered to Landowner for cure or elimination at least sixty (60) days prior to the date of execution of any such warranty deed or easement right subsequently provided under the Memorandum of Agreement. 9. Landowner shall have a reasonable time to cure said objections and show title as is required under the terms of the Memorandum of Agreement, but that reasonable time shall not exceed the date provided for the deed or easement grant provided in the Memorandum of Agreement. 10. if Landowner fails or refuses to correct such title defect, City, in its option, may enforce specific performance of same. 11. Taxes on the real estate herein conveyed or to be conveyed, shall be prorated to the date of the final payment for all land) taken in fee simple and in accordance with the Memorandum of Agreement attached. February 23, 1989 Page 161 12. Landowner agrees to sign and execute such warranty deed and easement instruments as conform with the Memorandum of Agreement. The duty to prepare all such instruments shall be upon City. 13. The parties hereto agree that compliance by each of all terms, conditions, provisions, and limitations contained in the Memorandum of Agreement as attached is of the essence of this Contract of Sale. 14. This Contract of Sale shall be binding upon in inure to the benefit of the heirs, executions, administrators, successors and assigns of the respective parties to this Contract. 15. This Contract of Sale and all attachments thereto, shall be filed) of record in the Deed Records of any and all counties in which all or any part of the property or property interests involved lies or is situated. EXECUTED in duplicate originals as of the 21st day of February, 1989. CITY OF LUBBOCK, TEXAS (BUYER): BY: /s/ B. C. McMinn 13. C. McMINN, MAYOR ATTEST: Is/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Ls/ Sam Wahl Sam Wahl, Director of Water Utilities STATE OF' TEXAS § COUNTY OF LUBBOCK § SELLERS: Is/ Billy Huddleston BILLY HUDDLESTON APPROVED AS TO FORM: Is/ James P. Brewster James P. Brewster, City Civil Trial Attorney BEFORE ME, the undersigned authority, personally appeared B. C. McMINN, Mayor of the City of Lubbock, and acknowledged to me that he executed the foregoing instrument for the purposes and consideration therein expressed and in the capacity therein stated as the act and deed of the City of Lubbock this 23rd day of February, 198'9. /s/ Billy C. Townley Notary Public, Lubbock, County Texas My Commission Expires: 1-24-92 February 23, 1989 Page 162 STATE OF TEXAS § COUNTY OF Lubbock § BEFORE ME, the undersigned authority, personally appeared BILLY HUDDLESTON and acknowledged to me that he executed the foregoing instrument for the purposes and consideration therein expressed this 21st day of February, 1989. /s/ Debbie Aguirre Notary Public, Lubbock County Texas My Commission Expires: 6/17/89 On April 3, 1986, the City Council entered into a Memorandum of Agreement with landowners protesting City applications for the proposed Justiceburg Project. That Agreement by its detail covered not only the major issues of interests to be acquired and consideration therefor, but further approved in substance a form for each document that would subsequently be required to complete the land acquisition process. The Resolution authorizes the Mayor to execute on behalf of the City the first of these Contracts of Sale with the owners who are party to the Memorandum of Agreement. Contract of Sale is with Mr. Billy Huddleston, owner of property at the eastern edge of the project, and is needed to continue pre -construction activities. City is securing 1,838.22 acres in fee simple from Mr. Huddleston at the $800-per-acre price approved in the Memorandum of Agreement. One - quarter of the total consideration for fee simple property will be due at the time of execution of this Contract of Sale. The sum now due is $367,644. The Huddleston Contract of Sale substantially complies with the form approved by the owners and the City previously. Since all subsequent Contracts of Sale with the other parties to the Memorandum of Agreement will be substantially the same as the Huddleston's Contract and that form provided in the Memorandum of Agreement, this Resolution further authorizes the Mayor to sign subsequent Contracts of Sale as presented without repeated consideration by the Council of virtually identical instruments. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Maloy to authorize Resolution #3050 as recommended by Staff and further authorizing those subsequent Contracts of Sale as presented without repeated consideration by Council of virtually identical instruments. Motion carried: 6 Yeas; O Nays. Councilwoman Trejo absent from chambers. February 23, 1989 Page 163 89-48A-163-134 (15.) Hold a public hearing for the 1989-90 Community Development Block Grant Program. 89-48A-163-135 (16.) Consider Resolution #3051 which authorizes the Mayor to execute and submit the Community Development Block Grant Application and all related documents. RESOLUTION #3051 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 Community Development Block Grant Application of 1989-90 for the year 1989 and related documents, which Application 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 23rd day of February, 1989. ATTEST; /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is1 B. C. McMinn B.C. McMINN, MAYOR APPROVED AS TO FORM: LsLSandy Ogletree jsj Teresa Wright Sandy Ogletree, Community Teresa J. Wright, Assistant City Development Administrator Attorney APPLICATION AND RELATED DOCUMENTS FILED WITH RESOLUTION #3051. Mayor McMinn convened the Public Hearing at 5:05 P.M. and set out the procedure for the Hearing. Paul Nash, Chair of the Community Development Advisory Committee, presented CDAC recommen- dations and reported that $4.4 million in requests were received by CDAC, and that they have held 3 public hearings and 2 work sessions to formulate their recommendations. Three public meetings were held during January, 1989 to receive citizen input for use in developing the Annual Statement of Objectives, and were held at Mae Simmons Community Center, Rodgers Community Center and the Central Senior Citizens Center. In addition to citizen input the City departments submitted their requests and back-up material for funding City projects. Mr. Nash advised that from the proposed projects and activities, the Community Development Advisory Committee recommends Council funding the following projects: February 23, 1989 Page 164 Concentrated Code Enforcement South Overton Park Acquisition Arnett Benson Redevelopment Arnett Benson Sidewalks On -Site Redevelopment Residential Rehab Emergency Repair Weatherization Paint -Up Administration Field Services Indirect Costs Home Security Program Health Department Expansion Butler Park Outreach Program Burns Parks Improvements Helen Hodges Ballfield Park Lighting Mackenzie Park Lighting Phase I Summer Recreation Satellite Program Contingency Fund $182,985 245,503 138,800 60,000 75,000 600,000 75,000 50,000 20,000 169,000 244,000 100,000 30,000 32,550 8,000 17,400 8,500 40,120 92,600 19,000 76,542 $2,285,000 The total Community Development Block Grant Program is for $2,285,000, approximately a 4% increase from the 1988-89 funding level. The City of Lubbock's Community Development Program is administered in accordance with the Housing and Community Development Act of 1974 as amended and with 24 CFR 570.303 of the Community Development Block Grant Regulations. The Statement of Objectives has been prepared as stipulated in those regulations. A preliminary Statement of Objectives was published in the Lubbock Avalanche Journal on February 15 and the Statement of Objectives has been on file with the City Secretary for review by any interested parties. Following submission of the Statement of Objectives, the Community Development staff will begin preparation of the environmental assessments and other planning activities to start the CD Fiscal Year an June 1, 1989. Lynda Jenkins, Chair of Urban Renewal Board and Neighborhood Redevelopment Commission conveyed that Board's support of the CDAC recommended projects. Cecil Puryear opposed money allocated for Code enforcement and favors spending money to provide for low income housing and for lowering the standards for Code Enforcement. Dwight Pierce, representing Greenfair Manor, requested playground equipment for parkland directly behind Greenfair Manor. He stated that a petition containing more than 100 signatures has been turned in to the City. Councilman Carpenter asked if equipment is somewhere where it is not being used and could be moved to this area. Assistant City Manager Harmon replied that February 23, 1989 Page 165 there is no equipment not being used. Councilman Patterson stated that he would like to have known of this request earlier. Mayor McMinn asked if these representatives attended hearings and Mr. Pierce replied that they did not, because they were not aware any were being held. Paul Trevino, representing Northwest Little League, expressed appreciation for past Council funding and requested allotments for a new concession stand, new lighting ❑n ❑ne field, landscaping, irrigation, parking lot and restroom improvements for this site. He stated that their main concern is concession stand. Mr. Trevin❑ advised that they did attend the Public Hearing. Councilman Maloy expressed his support for the Little League program and his hope is that the entire list can be taken care of in the next few years. Mayor Pro Tem Baker asked Mr. Nash for the CDAC justification of placement of Mackenzie Park lighting and Councilman Nash stated this will finish up a project which has been going on for the past few years. The Reverend David Cruz, representing residents of Carlisle, presented a request for development of a playground at a cost ❑f $67,000. Reverend Cruz stated that due to a missed message this was not presented at CDAC Hearing. Charles Hunter spoke in favor of fully funding Phases I, II, and III ❑f the Overton Park acquisition. He stated City would benefit from completion ❑f the park at ❑ne time. There being no others t❑ speak, Mayor McMinn closed the Public Hearing at 5:45 P.M. Motion was made by Mayor Pro Tem Baker, seconded by Councilwoman Trej❑ to approve Resolution #3051 as recommended by CDAC and stipulating further the funding of the Carlisle Park Project for $67,000 out of existing contingency funds, and the motion further charged City Staff to come back with additional information regarding needs, plans and estimates for Lusk Park development near Greenfair. Councilman Carpenter asked what the balance ❑f Contingency Fund would be with this expenditure. Mrs. Ogletree stated $230,000, less $67,000, plus $79,000 = $242,000. Councilman Carpenter spoke in favor of the Carlisle and Lusk Park projects and asked for community assistance in providing cleanup, play programs, etc. Councilman Malay asked that the Lusk Park matter be ❑n the next Council Meeting. Discussion followed of getting word out regarding the Community Hearings. Councilman Carpenter advised that presently, the needs of children, families and neighborhoods need to have priority. Mayor Pr❑ Tem Baker pointed out the number ❑f park requests Council had addressed and concurred with comments that human needs must be met. February 23, 1989 Page 166 Councilman Phillips expressed his concern over cost being 20% of the allocation and advised they should be held as low as possible to provide funds for meeting human needs. Motion was made by Mayor Pro Tem Baker, seconded by Councilwoman Trejo to authorize Resolution #3051 as recommended by Staff. Motion carried: T Yeas; 0 Nays. There being no further business to come before the Council, motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to adjourn the meeting at 6:05 P.M. Motion carried: T Yeas; 0 Nays. w B. C. Mc INN, MA OR ATTEST: Rane to Boyd, City Secre ar READ AND APPROVED THIS 9TH DAY OF MARCH, 1989. Xf. e•� r -"L- B. C. McMINN, MAYOR E7ST: J Ran!tte Boyd, City Se eta NOTICE OF P► e C HEARNG NOTICE IS THE STATE, OF TEXAS R-43 hee c }v CounC RwiiII Inold a ubac Heaing on Thursday, COUNTY OF LUBBOCK 14a9rat3deP.M "IntheeCityCourrtt.. 1= r a n[ e s H e rr� 3 n d e z ,it Chambers, 162S 17th Street• Before me a Notary Public in and for Lubbock Countv, Te) Lubbock, Texas, to consider reC personally appeared T,J. Aufil I � Acco,ur)t ManaF'l.Fr of the Sou thwfornmendationsbythePlanningand 2flnins Cornmissidn that Poning may be changed on [ertain proper pers Corporation. publishers of the Lubbock Avalanche -,Journal -- Morning. Evening and ties in Lubbock. Texas, All Inter- beingby me duly sworn did depose and say that said newspaper has been published continuC eS1¢d persons may speak, then the PP City council will act on such rec• than fifty-two weeks prior to the first insertion of this Legal Notice ornmendallons. The following Zone Ca5e5 wi l l be heard: No. 82T186 at Lubbock County. Texas and the ZONE CASE NO, 2623: Continuo ed coy of the Ler-a I Notice is a true cn v of the on final and was rioted E appeal of Michael B. Dull (for P. P P p Rainbow Wre(;ker Service) far ion• e b r u a r y 8, 19 8 9 ing change from M-1 to M-2 SPeCIf- Ava�anr7c he .Iournal on the fallowing dates: is Use (junkyard, salvage. or aulo- 213 W o r d s P .46 $ 9 T■ 9 0 mobile wrecking yard) on tracts out of Block 43, Suburban HomeS 71 Add Iion (715 East 491h Slreef) - tcount fCanager LUBBOCK AVALANCHE -,JOURNAL Southwestern Newspapers Corporation ZONE CASE NO. 2626: Request of Rev- Field Bennings [for The ACTS Ctlurchl for iD. 'S Change from R- �i•�f� �! 1 to A4 (I i mited to a Churc n) Gn r. Lots 1, 7. 3, and 4. Block 15. Trigg F� Heights Addi}ion (Suulheast of 781h Street and Ivory Avenue). t ,� • 1 I.: �'' • ZONE CASE NO, 2407•B: Request' -- of Oavid GoWle (for Craft. Elliot Subscribed and sworn to before me this th day of F,, o ru 4 ry . lg 39 a FORM 58-10 3 Field) 40r Zoning Change from Go,and C-2 to C-2, R-2 and GO To GO, GO and C-2 to GO, and R-7. GO and C•2 1C R-I On fraC}s Cut of Sec• i lion 26. Block E•2 ISvutheast COY• ner of 87nd Street and Franittord I Avenue)- R 43 kOTICE NOTICE Is hereby given that a Puti t hearing-whr be tfeld on Fck�_ ruary 23, 1M in the City Council THE STATE OF TEXAS R-44 Chambers at 1625 131h Street, tub - tock.Texa%.ats:gOp.m,foconsid- COUNTY OF LUBBOCK er the appticAlk)n of Chevron USA for an Oil and Gas Drilling permit Before me F ran c e s cIernatidjdz a Notary Public in and For Lubbock County. located: personally appeared T . J . Au i i._I s Account `3n a_nile_r of the Sout s, 81xk A. Lubbock County Texas, the wet, focation 1s pers Corporation, publishers of the Lubbock Avalanche-Journai — Morning. Evening proposed approximately 1y79 feet south and 56gfeet West of,henorth- being by me duly sworn did depose and say that said newspaper has been published cant east corner. The well site is north ofLoop 2a9and West atNorth Gua- Avenue. than fifty-two weeks prior to the first insertion of this LECzi E eau t i cc va Storage is proposed at the well No. `7 �i� r ��� at Lubbock County. Texas and 1 F041 additionaf informs}ion, contatt Randy Henson, 762.61,,, ed ropy' of the i. a >: a i i t o t ice is a true copy of the original and was print extension 2,g3 g-µ NOTICE Avalanche -,Journal on the following dates: 197 .d o r d s , .46 =$90,62 NOT SC9 is hereby given that a Public hearing will be held an Feb- ruarY 23, M9 in }he City Councii K� / - •, /` + ss :3 Chambers at 1645 "th $free$. Lub- bock. Texas, a on fo.rn,Ta to nd P! rr the apP4icafion of 7ealantl f�e- troieum for an Oil and Gas Drilling .(��� . •,__ Permit loco}ed: In Section S. elotk A, Lubbock Account I•! a 9 e r L f - 1ti.r '� Cou ty, Texas, the well location is ProPOsed approximately 1M1 fee} LUBBOCK AVALANCHE JOURNAL f= ✓`-'. c, - of south and 1636 fee} east of the northwest corner. The well site is north of Municlpal Orfve a7 Southwestern Newspapers Corporation - sad . df NdrfhQulrt, s�g�-�aa. aI the rka'�-" ...ttL •4LOS µ!S I s' SlI1M5 d tl3A3N.�B1G2�l�pa1 Subscribed and sworn to before me this 7tWY Of Fe6 ry 19--- i.3 FORM 58-10