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