HomeMy WebLinkAboutMinutes - City Council - Regular - 7/13/1989499
CITY OF LUBBOCK
CITY COUNCIL MEETING
MINUTES
JULY 13, 1989
The City Council of the City of Lubbock, Texas met in regular session
on the 13th day ❑f July, 1989 in the City Council Chambers, first
floor, City Hail, 1625 13th Street, Lubbock, Texas at 10:00 A.M.
Present: Mayor B. C. McMinn, Mayor Pr❑ 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 10:00 A.M.
{ 1.) The Invocation was given by Assistant City
Manager Jim Bertram.
( 2.) The Pledge of Allegiance was given in unison by
those in the Council Chambers.
[ 3.) Motion was made by Councilman Patterson, seconded
by Councilman Phillips t❑ approve the Minutes of
the June 22, 1989 Regular City Council meeting as
written. Motion carried: 7 Yeas; 0 Nays.
{ 4.11 Board Appointments
( 5.) Charley Pope Will Appear
ock. Inc.. to oresent
the rollowing items:
89-48A-499-381
A. Consider Recommendation for a Concert
Proposal Package for the Municipal
Coliseum.
Charley Pope, Chairman of the Civic Centers Board
and President of Civic Lubbock, Inc., appeared to
present a recommendation of the Civic Centers
Board that Council authorize a Concert Proposal
Package for the Municipal Coliseum.
According to Mr. Pope, the proposed concert
package would encourage promoters t❑ bring
multiple bookings to the Coliseum by giving them
a rebate on their building rent, and it is
recommended that this proposal be for a one-year
trial period. Currently, rent on the Coliseum is
$1,575 or 10% of the gross revenue after taxes,
whichever is greater and the average rental
income this past year was $3,064 per concert.
Under the Concert Proposal Package, a promoter
booking 5 concerts in a 12-month period would
receive a 20% rebate on rent; a 30% rebate for 8;
and a 40% rebate for 12 concerts in 12 months.
The proposal will be available to all promoters
booking the full Coliseum from October 1 through
September 30.
July 13, 1989
Page 500
89-48.A-500-382
Mr. Pope pointed out that if a promoter booked 12
concerts, based on average concert rental over
the past two years, the concert package proposal
could yield approximately $20,000 less in rent
than if 12 concerts were booked individually;
however, this amount could be recovered through
concession/merchandise sales on one concert.
1988/89 has been an unusual year, with 14
concerts booked --typically, there are six -eight
booked per year.
Mr. Pope went on to say that this proposal could
help fulfill Civic Lubbock, Inc.'s Charter by
encouraging major entertainment bookings in
Lubbock plus the additional potential of
increasing revenues through merchandising
percentages and concession sales.
Staff memo indicated that the concert package
would entice promoters to book better
entertainment as well as increase the average
number of concerts booked each year.
Motion was made by Councilman Patterson, seconded
by Councilman Maloy to approve recommendation of
Civic Centers Board for a Concert Proposal
Package for the Municipal Coliseum. Motion
carried: 7 Yeas; 0 Days.
B. Consider a Recommendation for Marquees_
at the Civic Center and Auditorium -
Coliseum.
Charley Pope, President of Civic Lubbock, Inc.
and Chairman of the Civic Centers Board,
presented recommendation for marquees at Civic
Center and Auditorium -Coliseum.
According to Mr. Pope, the Memorial Center
Complex (Avenue Q to Avenue L, 4th Street to loth
Street) was developed under a Title I Urban
Renewal Plan which adopts strict standards for
development, including very rigid sign
regulations. Proposed signs in this area must be
approved by the Urban Renewal Memorial Center
Project Architectural Review Committee appointed
by the Urban Renewal Board, to ensure the sign
meets the basic standards of design, material,
color, texture and compatibility. The
Committee's recommendation is then sent to the
Urban Renewal Board for approval, and once
approved, a permit can be obtained to build the
sign.
Mr. Pope stated that Civic Lubbock, Inc. is of
the opinion that marquees are necessary for
proper promotion of the Civic Center and
Auditorium -Coliseum and could enhance event
participation at both facilities. Civic Lubbock,
Inc., obtained an architect to work with the
Civic Center and Planning Department Staff to
design marquees that would comply with the
Memorial Complex ordinance. The ordinance
governing signs in this area requires signage to
be somewhat more restrictive than that in the
City's Code of Ordinances.
July 13, 1989
Page 501
Three marquees are proposed as follows:
Civic Center--
1) 4th Street and Avenue 0
2) Avenue Q by the Avenue Q fountain
Col iseum--
1) 4th Street and Boston Avenue
The proposed marquees at the Coliseum and at 4th
Street and Avenue 0 would be identical signs and
would be freestanding, double -sided marquees, 30'
high with 12' X 20' message displays.
According to Mr. Pope, the marquee at 4th Street
and Avenue 0 meets all sign restrictions, but the
marquee at the Coliseum would require a variance
from the Zoning Board of Adjustment as the
Municipal Coliseum is presently zoned R-1 single
family residence, which prohibits signs of any
kind.
The proposed marquee on Avenue Q would be a
double -sided, freestanding marquee not more than
6' high, and no longer than 24' and further would
have a zero setback, but would not project
farther than the property line and would meet all
sign restrictions.
The cost for the two 30' marquees at the Coliseum
(4th and Boston) and for the Civic Center (4th
Street and Avenue 0) is approximately $160,000
each. The marquee on Avenue Q would cost between
$70,000 and $80,000.
Mr. Pope stated that Civic Lubbock, Inc. proposed
the following two funding options:
(1) Sponsorships: The sponsor's
name/logo would be predominantly
displayed on the body of the sign
in exchange for the funding
support provided; or
(2) Civic Lubbock, Inc., purchase of
the marquee on Avenue Q, with the
cost of the other two marquees to
be shared with the City of
Lubbock. Assuming that adequate
reserve funds exist at the end of
the 88/89 fiscal year and that the
revenues hold for Civic Lubbock,
Inc. for the next fiscal year,
Civic Lubbock, Inc. could either
purchase or finance the purchasing
of the Avenue Q marquee in
1989/1990 fiscal year. For the
other two marquees, a capital
project request could be
considered over a two -to -three
fiscal year period beginning in
the 1990/91 fiscal year, and the
cost of the marquees would be
shared between Civic Lubbock,
Inc., and the City of Lubbock.
Following the completion of the
88/89 fiscal year and the
preparation of the financial
statements for Civic Lubbock,
July 13, 1989
Page 503
89-48A-503-384
( G.) A represen
councit will aoDear to present recommenaatlon Tor
awarding of art grants for the tirst grant period
Jerry Griffin, representing the Lubbock
Cultural
Affairs Council, presented recommendations
for
awarding 1989 first period art grants as
follows:
City of Lubbock -Fine Arts Center
MATRIX
$1,800
UC Programs
Perestroyka: Culture, Politics
and Change in the Soviet Union
1,500
UC Cultural Events
Boys Choir of Harlem
1,000
UC Cultural Events
1989 International Guitar
Festival Concerts
1,000
West Texas Watercolor Society
Western Federation 14th Annual
Exhibition
3,000
TTU Theatre
American College Theatre Festival
Region VI
4,000
Lubbock Symphony Orchestra, Inc.
Youth Concerts
7,500
TTU Music Theatre
"The Elixir of Love"
2,500
Science Spectrum
Holography Exhibition: Laser
Light Frontiers
6,000
TTU College of Architecture
Fall Lecture & Exhibition
Series
1,000
The Museum of TTU
Hall of Early Texan Cultures
5,000
Ballet Lubbock
The Nutcracker Ballet
5,000
Fiestas del Llano, Inc.
Fiestas Patrias Celebration-15
de Septiembre
5,000
$44,300
On January 12, 1989, the City Council approved an
Agreement whereby the City agreed to pay to the
Cultural Affairs Council the sum of $94,839 for
the encouragement, promotion, and improvement of
all forms of art in the community. This is the
10th year the Council has approved this Art Grant
Agreement. The $94,839 is the amount collected
from 1/2 cent of the hotel -motel tax during the
fiscal year that ended September 30, 1988.
It was recommended that approval of $44,300 in
grant awards for the first grant period of 1989.
July 13, 1989
Page 504
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Patterson to approve recommendation
of the Lubbock Cultural Affairs Council for
awarding of arts grants for the first grant
period of 1989. Motion carried: 7 Yeas; 0 Nays.
89-48A-50-4-385
( 7.) ORDINANCE #9288--Amending Chapter 6, Article XVII
entitled Board of Electrical Examiners and
Article V of the Electrical Code.
ORDINANCE #9288
AN ORDINANCE AMENDING ARTICLE XVII OF CHAPTER 2 AND ARTICLE V
OF CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK WITH
REGARD TO THE ELECTRICAL CODE OF THE CITY OF LUBBOCK, TEXAS; THE
DUTIES OF THE BOARD OF ELECTRICAL EXAMINERS AND QUALIFICATIONS OF
ELECTRICIANS WORKING IN THE CITY OF LUBBOCK; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
89-4EIA-50,4-386
( 8.)
Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo to pass on second and final
reading Ordinance #9288 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
ORDINANCE #9279--Ab
Easements dedicated
1433, in the Meadow
ORDINANCE #9279
nina and closi
on.
AN ORDINANCE ABANDONING AND CLOSING COMMON AREA, UNDERGROUND
UTILITY EASEMENTS, GARBAGE SERVICE COLLECTION EASEMENTS, DRAINAGE
EASEMENTS AND ACCESS EASEMENTS LOCATED IN LOTS 1346 THROUGH 1433 OF
THE MEADOWS, AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY,
TEXAS, EACH OF WHICH IS MORE PARTICULARLY DESCRIBED IN THE BODY OF
THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS
OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo to pass on second and final
reading Ordinance #9279 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
89-48A-504-387
( 9.) ORDINANCE #9267--1988 Assessment Paving Program
(Project No. 9062 .
ORDINANCE #9267
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART
OF THE COST OF IMPROVING THE FOLLOWING ALLEY LOCATED IN THE FOLLOWING
BLOCKS ANO ADDITIONS; THE EAST -WEST ALLEY ABUTTING LOTS 1 THROUGH 6,
BLOCK 23, ELLWOOD PLACE ADDITION, AND LOTS 1 THROUGH 26, BLOCK 29,
ELLWOOD PLACE ADDITION; AND INCLUDING PORTIONS OF THE FOLLOWING
STREETS: 78TH STREET AND QUIRT AVENUE, SUCH PORTIONS BEING MORE
PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF
LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF AND PORTIONS OF OTHER
SUNDRY STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF
LUBBOCK, TEXAS, AND/OR ALONG THE BOUNDARIES OF SAID CITY AND
PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE
OF ASSIGNABLE CERTIFICATIONS IN EVIDENCE HEREOF, ALLOCATING FUNDS.
(SEE SECTION ONE OF THIS ORDINANCE FOR UNITS DELETED BY CITY
COUNCIL).
July 13, 1989
Page 505
This is the third and final reading of this
Paving Assessment Ordinance which authorizes
paving of Quirt Avenue from East 50th Street to
Slaton Highway and two blocks of 78th Street from
IH-27 to Avenue D. (One alley considered at the
public hearing and was deleted from the project
by the City Council.)
Bids (received June 29, 1989) were less than the
estimated bid prices used in establishing the
"calculated" assessment rates, but were not low
enough to require revising the "enhancement"
rates set by the City Council at the public
hearing.
The final assessment rates will be those set by
the Council at the public hearing. The Quirt
Avenue rate set by the Council varied from parcel
to parcel. The curb and gutter rate will be
$5.59 per foot and the paving rate will be the
difference between the total rate set by the
Council and the C&G rate. This varies from
parcel to parcel.
The final assessment rate for the two blocks of
78th Street will be $5.59 per foot curb and
gutter and $7.70 per foot for paving. These
amounts total the rate ❑f $13.29 (60% of the
calculated rate) set by the Council at the public
hearing.
Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo to pass on third and final
reading Ordinance #9267 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
89-48A-505-388
(11.} Consider Resolution #3139 accepting paving
improvements constructed by Kerr Construction
Company in Piedmont Addition, Lots 1-A and 2-Ar
Block 15 and Lot 20-A, Block 10.
RESOLUTION #3139
RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS
LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions
of City Ordinance 1331, the subdivider of Piedmont Addition, Lots 1-A
& 2-A„ Block 15, & Lot 20-A, Block 10 made arrangements with Kerr
Construction Company for the construction ❑f paving improvements on a
certain street dedicated in said subdivision under the provisions of
said Ordinance prior t❑ the recording of the subdivision plat ❑f the
above mentioned addition including the following street:
Cul-de-Sac construction east ❑f York Avenue on 61st
Street known as Unit Number 2032-29; and
WHEREAS, the construction of the above improvements on the
above mentioned street was performed under the supervision ❑f the
City Engineer, and said improvements have been completed and have
been inspected and found t❑ have been constructed in accordance with
City specifications and in accordance with the provisions ❑f City
Ordinance 1331; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
July 13, 1989
Page 506
SECTION 1. THAT the improvements on said portions of the above
mentioned street BE and the same are hereby accepted and the City
Engineer BE and he is hereby authorized to release escrow money in
the amount of $23,362.18.
SECTION 2. THAT this Resolution shall take effect and be in
force from and after its passage.
Passed by the City Council this 13th day of July, 1989.
ATTEST:
s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry D. Hertel
Larry D. Hertel, City Engineer
Assistant
89-48A-506-389
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
U. o t Fullingim
Jmilingim,
City Attorney
This is a routine acceptance of paving
improvements required with this replat. These
improvements complete all paving revisions
required by the Slide Road Development Plan.
This replat is located on the east side of York
Avenue at 61st Street and a cul-de-sac was
constructed at this location.
There is no City cost due the contractor and
escrow funds in the amount of $23,362.18 will be
refunded to the developer upon acceptance. This
money was deposited with the City in lieu of a
bond for the paving improvements. Staff
recommended approval.
Motion was made by Councilwoman Trejo, seconded
by Councilman Patterson to authorize Resolution
#3139 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
(12.) Consider Resolution #3140 accepting pavin
improvements constructed by Williams and
Construction Company in West Chase Add_iti
2.
RESOLUTION #3140
RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS
LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions
of City Ordinance 1331, the subdivider of West Chase Addition, Lot 2,
made arrangements with Williams & Peters Construction Co. & Hugo Reed
and Associates for the construction of paving improvements on a
certain street 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 street:
North 1/2 of 72nd Street from East lip line of Quaker
Avenue to approximately 215 feet east of Quaker Avenue
known as Unit Number 2034-08.
AND WHEREAS, the construction of the above improvements on the
above -mentioned street was performed under the supervision of the
July 13, 1989
Page 507
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.
THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS.
SECTION 1. That the improvements on said portions of the
above -mentioned street be and the same are hereby accepted and the
City Engineer be and he is hereby authorized to release escrow money
in the amount of $6,751.08.
SECTION 2. This resolution shall take effect and be in force
from and after its passage.
PASSED AND APPROVED this 13th day of July, 1989.
ATTEST:
/s/ Ranette Boyd
Ranettie Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry Hertel
Larry Hertel, City Engineer
89-4:BA-507-390
/s/ B. C. McMinn_
B.C. McMINN, MAYOR
APPROVED AS TO FORM:
s J. Worth Fullin im
J. Worth Fullingim, Assistant
City Attorney
This is a routine acceptance of paving
improvements required with the platting ❑f this
property. The paving plans were prepared by an
engineering firm and the City performed testing
and inspection during construction.
This plat is located on the east side of Quaker
Avenue at 72nd Street and no City cost is due the
contractor. Escrow funds in the amount of
$6,751.08 will be refunded to the developer upon
acceptance. This money was deposited with the
City in lieu of a bond for the paving
improvements. Staff recommended approval.
Motion was made by Councilwoman Trejo, seconded
by Councilman Patterson to authorize Resolution
#3140 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
(13.) Consider Resolution #3141 authorizing the Ma
to sign the cover sheet of the plans prepare
the State Department of Highways and Public
Transportation for the construction ofIH-27
54th Street to 19th Street.
RESOLUTION #3141
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of
Lubbock the Title or Cover Sheet as requested by the State Department
of Highways and Public Transportation for the Plans and
Specifications for the portion of I-27 Section 2 Highway Improvements
from near 54th Street to near 19th Street in the City of Lubbock,
Lubbock County, Texas being Federal Aid Project No. I-27-7(55)303.
July 13, 1989
Page 508
Passed by the City Council this 13th day of July, 1989.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
.n5 TO CONTENT: APPROVED
/s/ Larry D. Hertel
Larry D. Hertel, City Engineer
COVER SHEET FILED WITH RESOLUTION #3141
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ J. Worth Fulling
J. Worth Fullingim, Assistant
City Attorney
The State's latest estimate for this project is
$36,900,000, and the project is scheduled for bid
in October, 1989. The plans conform to the
schematic designs previously reviewed with public
agencies. Staff recommended approval.
Motion was made by Councilwoman Trejo, seconded
by Councilman Patterson to authorize Resolution
#3141 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
89•-48A-508- 391
Consider Resolution #3
na c
n
RESOLUTION #3142
n streets
ruction
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. 2 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.
ATTEST,
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Don Jennings, /s/ J. Worth Fulling _
Don Jennings, Street Superintendent J. Worth Fullingim,
Assistant City Attorney
CHANGE ORDER NO. 2
TO
1989 MAINTENANCE PROGRAM
WHEREAS, the City Council has approved the 1989 Maintenance
Contract as listed in the specifications on January 26, 1989.
July 13, 1989
Page 509
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. 50th Street from 315' West of Frankford
Avenue to Homestead Avenue
b. 49th Street from Frankford Avenue to
Homestead Avenue
C. Homestead Ave. from 50th Street to Brownfield
Highway
2. That Bid Item #1 (Asphalt for Course #1) shall be in-
creased by 3,969 gallons.
3. That Bid Item 02 (Asphalt for Course #2) shall be in-
creased by 5,874 gallons.
4. That Bid Item #4 (Grade 4 Rock) shall be increased by 176
cubic yards.
5. That Bid Item #5 (Grade 2 Rock) shall be increased by 256
cubic yards.
6. That Bid Item #7 (Patching with Black Base) shall be in-
creased by 700 square yards.
Original Amount of Contract $1,456,815.00
Amount Increased by Change Order No. 1 $ 130,829.10
Amount Increased by Change Order No. 2 $ 47,500.90
$1,635,145.00
THIS AGREEMENT WITNESSETH: 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 sub-
ject to all contract stipulations and covenants.
IN WITNESS THEREOF, the Owner and the Contractor have hereto
set their hands this 13th day of July, 1989.
OWNER: CONTRACTOR:
CITY OF LUBBOCK CAPROCK HIGHWAY CONSTRUCTION CO.
BY:/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Rzinette Boyd
Ranett:e Boyd, City Secretary
APPROVED AS TO CONTENT:
s Dcfn Jennings
Don Jennings, Street
Superintendent
APPROVED AS TO FORM:
s J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
BY:/s/ Jean Sam, Asst. Secretary _
(CENT TURNER, PRESIDENT
This Change Order will enable an additional
15,875 square yards of streets to receive a two-
July 13, 1989
Page 511
Western Meadows Addition. The proponent of this
closure, which will be used for platting
purposes, is John Abney. The area being closed
is 20' X 301' for a total area of 6,020 square
feet. The alley being closed will revert to a
utility easement.
The Appraisal District has this property valued
at $0.50 per square foot ($0.50 x 6,020 sq. ft. _
$3,010). Since it will remain as a utility
easement for all utilities, the Right -Of -Way
Department values it at 50% fee simple or $1,505.
Mr. Abney proposed that Staff grant this alley
closure at no cost to him for four reasons:
1. This alley closure is part of the
required Slide Road Development
Plan.
2. The Bacon family, original
dedicator of part of this alley,
owns one of the properties
abutting this alley closure.
3. Valuation of the alley property is
less than the street frontage.
4. Once the property is developed,
the City will receive added tax
revenues.
Most of these reasons are true of most other
closures involved with the Slide Road Plan.
Staff recommended this closure. The $150
application fee has been paid, all utilities are
in agreement, and the final plat is being
prepared. Staff recommended approval subject to
the $1,505 fee.
Motion was made by Councilman Maloy, seconded by
Councilman Carpenter to pass on first reading
Ordinance #9289 and instructing that a reduction
in the $1,505.00 fee be made. This reduction
would give credit of $798.50 for previous
dedications by proponent, and would bring amount
of the negotiated fee to $706.50. Motion
carried: 7 Yeas; 0 Nays.
89-48A-511-393
(16.) Consi
artment to maKe an
n Section 105
County, Texas.
RESOLUTION #3143
orizing the Right-
ffer t❑ Ewell B.
, for a 3.89 acre
Block 5, Garza
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality
located in Lubbock County, Texas, has determined and does hereby
determine that the public needs, safety and welfare demand and create
a public necessity for the acquisition of additional land for
municipal public uses and purposes, to -wit: for access and any other
lawful purpose in connection with the extension of the water works
system of the City of Lubbock, and the City Council of said City
finds it in the public interest and for public purposes and municipal
purposes to proceed with the acquisition of lands as needed for such
purposes as aforesaid; NOW THEREFORE:
July 13, 1989
Page 512
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title to the following
described tract of land located in Garza County, Texas, be acquired
for public purposes and municipal purposes as set forth in the
preamble hereof, to -wit:
BEING the description of 3.89 acre tract of land out of Section
105, Block 5, H.&G.N. R.R. Co. Survey, Garza County, Texas and
being more particularly described as follows:
BEGINNING at a 112" iron rod set at the Northwest corner of
said Section 105, for the Northwest and beginning corner of
this tract;
THENCE South 88021141" East, along the North line of said
Section 105, a distance of 5276.69 feet to a 112" iron rod set
for the Northeast corner of said Section 105, and the Northeast
corner of this tract;
THENCE South 01*48152" West, along the East line of said
Section 105, a distance of 30.00 feet to a 1/2" iron rod, set
for the Southeast corner of this tract;
THENCE North 88021'41" West, a distance of 5076.65 feet to a
1/2" iron rod, set for the P. C. of a curve to the left, and a
point of this tract;
THENCE Southwesterly, along the arc of said curve, an arc
distance of 266.99 feet to a 112" iron rod, set for a corner of
this tract, said curve has a radius of 170.00 feet, a central
angle of 89059'04", and a chord that bears South 46038146"
West, a distance of 240.38 feet;
THENCE North 88020'46" West, a distance of 30.00 feet to a 112"
iron rod, set for the Southwest corner of this tract;
THENCE North 01039114" East, along the West line of said
Section 105, a distance of 199.95 feet the PLACE OF BEGINNING.
SECTION 2. THAT the owners of said tract, being Ewell B.
Morgan and wife, Gladys Morgan, BE offered through the Right -of -Way
Department of the City of Lubbock the amount of $3,112.00, which is
the amount appraised as the value and total damages for the fee
simple! title and acquisition of said real estate hereinabove
described, for the use and benefit of the City of Lubbock, Texas, for
the purposes herein stated, and unless accepted forthwith, the City
Attorney of said City of Lubbock is hereby authorized and instructed
to institute condemnation (eminent domain) proceedings to acquire the
fee simple title to said land as hereinabove described for public
purposes and municipal purposes.
Passed by the City Council this 13th day of July, 1989.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s/ Ed Buc
Ed Bucy, Right -of -Way Agent
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ J. Worth Fullingim _
J. Worth Fullingim, Assistant
City Attorney
This 3.89 acre tract of land in Garza County is
for a 30' wide by 5,276.69' service road to Lake
July 13, 1989
Page 513
Alan Henry dam and is located approximately seven
miles east, northeast of Justiceburg, Texas.
Acquisition cost of this 3.89 acres is $3,112 or
$800 per acre, which is the City's offer to the
Morgans. Staff recommended approval.
Motion was made by Councilwoman Trejo, seconded
by Councilman Patterson to authorize Resolution
#i3143 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
89-48A-513- 394
(17.) Consider Resolution #i3144 authorizing the Mayor
to execute an Amendment to a Street Use License
between the City of Lubbock and Borden Inc.
RESOLUTION #i3144
WHEREAS, Borden, Inc. of Lubbock, Texas (herein called
"Licensee") and the City of Lubbock (herein called "Licensor")
entered into a Street Use License Agreement which is dated May 23,
1985, for the purpose of Licensee constructing and maintaining a milk
storage tank partially in a dedicated public street as therein
described, said Street Use License is incorporated by reference into
this Resolution as if written in detail in this place; and
WHEREAS, said Licensee has requested the Licensor for an
amendment to the terms of said Street Use License to cover one
additional tract of land (which is also part of a dedicated public
street) to be used for the purposes hereinafter set forth; and
WHEREAS, Licensor after consideration of the matter finds such
request will not discommode the public in the use of said dedicated
public street and such request should be granted as hereinafter set
forth; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT in addition to the existing tract of land
already licensed to the Licensee for construction and maintenance of
a milk storage tank, the following additional tract is added by this
amendment to said Street Use License as an additional tract of land
licensed to Licensee for the purposes as hereinafter stated:
BEGINNING at a point a distance of 3.00 feet South of the
Southwest corner of Lot 5, Block 23, Original Town to the City
of Lubbock, Lubbock County, Texas;
THENCE West a distance of 3.70 feet;
THENCE North a distance of 14.00 feet;
THENCE East a distance of 3.70 feet;
THENCE South a distance of 14.00 feet to the POINT OF
BEGINNING.
SECTION 2. THAT by Licensee's payment to Licensor of the
additional sum of FIFTY AND NO/100 DOLLARS ($50.00), and acceptance
of said additional consideration by Licensor as additional
compensation for the licensing of said one additional tract (being
part of the dedicated street as hereinabove stated), Licensee accepts
all the terms of the existing Street Use License as applying to the
one additional tract of land hereby licensed to Licensee. Such
acceptance by Licensee of the terms of said Street Use License as
applying to said one additional tract of land is further made by
Licensee by constructing and maintaining the milk storage tank as
July 13, 1989
Page 514
aforesaid. The term of the Street Use License shall terminate at the
same time as originally provided in said Street Use License
Agreement.
SECTION 3. THAT except as hereby amended, the terms of said
Street Use License shall remain the same, and as hereby amended is
hereby ratified and confirmed by Licensor by passage of this
Resolution and by Licensee's acceptance of the terms of this
Resolution as aforesaid.
Passed by the City Council on this 13th day of July, 1989.
ATTEST:
/s/ Ranette Boyd _
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Ed Bucy
Ed Buc:y, Right -of -Way Agent
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s J. Worth Fullin im
J. Worth Fullingim, Assistant
This amendment is to the original Street Use
License issued May 23, 1985, to Borden, Inc., and
is for an encroachment into the east right-of-way
of Avenue J between 5th and 6th Streets for a
milk storage tank. This Resolution adds an
additional encroachment caused by the
construction of a new milk storage tank just to
the north of the tank covered by the License.
The new tank site measures 14' X 14' and
encroaches into the right-of-way of Avenue J in
an area 3.7' in width and 14' in length. Total
square footage of encroachment area is 51.8
square feet.
The $154 application fee has been received. The
first five-year term of this License expires on
May 27, 1994, or approximately one year from now.
For this one year, Staff will receive $54
(minimum per year street -use license fee) for
this additional encroachment. When the second
five-year term of this License begins, the five-
year fee to be paid in advance will cover both
encroachments.
Staff recommended approval.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to authorize Resolution
#3144 as recommended by Staff. Motion carried:
7 Yeas; O Nays.
89-48A-514- 395
(18.) Consider Resolution #3145 authorizing the Ri
Of-Wav Department to make an offer to E.Z. H
12
tion
RESOLUTION #3145
or a portion ❑T Lots
WHEREAS, on the 26th day of January, 1989, the City Council
passed Resolution No. 3423 authorizing the acquisition of additional
land I -or municipal public uses and purposes; and
July 13, 1989
Page 515
WHEREAS, on the 9th day of February, 1989, the City Council
passed Resolution No. 3036 authorizing the acquisition of additional
land for municipal public uses and purposes; and
WHEREAS, the tracts of land whose acquisition were authorized
in Resolution No. 3023 and Resolution No. 3036 have since been
resurveyed and reappraised as one single tract of land; and
WHEREAS, the City ❑f Lubbock, Texas, a Home Rule Municipality
located in Lubbock County, Texas, has again determined and does
hereby determine that the public needs, safety and welfare demand and
create a public necessity for the acquisition of the hereinafter
described land for municipal public uses and purposes, to -wit: for
the widening of Detroit Avenue, and the City Council ❑f said City
finds it in the public interest and for public purposes and municipal
purposes to proceed with the acquisition of the hereinafter described
land as needed for such purposes as aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title to the following
described tract of land located in Lubbock County, Texas, be acquired
for public purposes and municipal purposes as set forth in the
preamble hereof, to -wit:
That portion of Lots 6, 7, 8, 9, 10, 11 and 12, Block 1, Maddox
Addition to the City of Lubbock, Lubbock, County, Texas, being
the proposed right-of-way for Detroit Avenue and being further
described by metes and bounds as follows:
BEGINNING at the ❑riginal Southeast corner ❑f Lot 12, Block 1,
Maddox Addition t❑ the City of Lubbock, Lubbock County, Texas,
for the Southeast corner ❑f this tract;
THENCE N. 87030'32" W., along the South line of said Lot 12,
and along the North line ❑f Colgate Street, a distance ❑f 32.81
feet to a 112" iron rod with cap marked "RPS 1974" for the
Southwest corner of this tract;
THENCE N. 02005'45" E., a distance of 175.00 feet to a 112"
iron rod with cap marked "RPS 1974" in the North line ❑f Lot 6,
Block 1, Maddox Addition for the Northwest corner ❑f this
tract;
THENCE S. 87030'32" E., along the North line ❑f said Lot 6, a
distance ❑f 34.02 feet to a point for the original Northeast
corner ❑f Lot 6, and for the Northeast corner of this tract;
THENCE S. 02029'28" W., along the East line of said Lots 6
through 12, a distance of 175.00 feet to the POINT OF
BEGINNING.
SECTION 2. THAT the owners ❑f said tract, being E. Z. Hogan,
Jr. and his wife, Linda Kay Hogan, BE offered through the Right -of -
Way Department of the City of Lubbock the amount of $27,615.00, which
is the amount appraised as the real value and total damages for the
fee simple title and acquisition of said real estate hereinabove
described, for the use and benefit of the City ❑f Lubbock, Texas, for
the purposes herein stated, and unless accepted forthwith, the City
Attorney of said City of Lubbock is hereby authorized and instructed
to institute condemnation (eminent domain) proceedings to acquire the
fee siimple title to said land as hereinabove described for public
purposes and municipal purposes.
July 13, 1989
Page 516
Passed by the City Council this 13th day of July, 1989.
ATTEST:
/s/ Ranette Boyd _
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
89-48A-516- 396
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant
City Attorney
This Resolution combines two previous resolutions
for condemnation offering purposes. On January
26, 1989, Resolution #3023 was created and passed
to acquire a parcel of right-of-way from E.Z.
Hogan, Jr. (and wife) at 327 North Detroit Avenue
for the widening of Detroit Avenue. The approved
offering price was $3,637.
February 9, 1989, Resolution #3036 was passed to
acquire another portion of right-of-way from E.Z.
Hogan, Jr. (and wife) at 313 North Detroit Avenue
for the widening of Detroit Avenue. The approved
offering price was $29,700.
E.Z. (Ted) Hogan, Jr., has refused both offers
and for the purpose of facilitating the City's
legal and condemnation work, the property has
been resurveyed and reappraised as one parcel.
Originally, 313 North Detroit contained a closed
7-11 Store and 327 North Detroit contained a
residence.
The City's new offer to Mr. and Mrs. Hogan is
$27,516, $5,722 less than the original offer of
$33,337 for both parcels. The reason for the
reduction is that, by the addition of the
commercially zoned residential property to the
north, more excess land has been created and the
land to building ratio has increased.
Motion was made by Councilman Phillips, seconded
by Councilman Patterson to authorize Resolution
#3145 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
(19.) Consider the price and condition of sale of
Parcel Numbers 33500-9-220 (5.22') and 33500-9-_
230 N.41' in the Lubbock NDP Urban Renewal
Area.
This is a routine sale of property by the Urban
Renewal Agency to Gary Patton, dba Spectrum
Construction, Inc., for $1,570. This property is
to be redeveloped as a single-family residence
and is properly zoned. This proposed sale was
approved by the Urban Renewal Board of
Commissioners on June 20, 1989. Staff
recommended approval.
July 13, 1989
Page 517
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter to accept price and
condition of sale of Parcel Numbers 33500-9-220
(5.22') and 33500-9-230 (N.41') in the Lubbock
NDP Urban Renewal Area. Motion carried: 7 Yeas;
0 Nays.
89-48A-517- 397
(20.) Consider Resolution #3146 authorizing the Mayor
to execute a Buy -Out Agreement with the
Department of Housing and Urban Development for
the Coronado Project TEX. R-33.
RESOLUTION #3146
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, the City°s
Urban Renewal Agency and the United States Department of Housing and
Urban Development for the purchase of the Coronado Project TEX.R-33
land sales inventory, 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 13th day of July, 1989.
ATTEST:
Is Ranette Boyd
Ranette, Boyd, City Secretary
APPROVED AS TO CONTENT:
s Sandy Ogletree
Sandy Ogletree, Community
Development Administrator
Is1 B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Is/ Teresa J. Wright
Teresa J. Wright, Assistant
Trial Attorney
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
BUY-OUT AGREEMENT
URBAN RENEWAL PROJECT R-33
EFFECTIVE JANUARY 1, 1989
The Department ❑f }lousing and Urban Development (HUD) agrees to
accept a lump sum payment of $98,000 as the full and final payment
for the unsold land inventory identified on attached pages 99 through
102 of the Appraisal Report dated November 15, 1987, by Don L.
Harris, M.A.I., incorporated herein by reference. Said payment shall
be made by certified check within 30 days from the date of the
execution of the Agreement. When the Agreement is signed by HUD, the
Lubbock Urban Renewal Agency and the City, and payment has been
received by HUD, the Agency and City are discharged from any further
obligation under Section 106(i) of the Housing Act of 1939, as
amended, for Urban Renewal Project R-33, subject to the following
terms and conditions:
1. The City is authorized to offset from the lump sum payable, in a
total amount not to exceed $30,000: (a) the cost ❑f the said
Appraisal Report ❑f Don L. Harris, and (b) the land disposition
costs, eligible for deduction from sales proceeds pursuant to
the early closeout provision of Urban Renewal Handbook 7222.1,
Chapter 3, Section 4.b., incurred for properties sold after
July 13, 1989
Page 518
project closeout and prior to this Agreement in excess of the
proceeds of such sales.
2. The City agrees to pay t❑ HUD, in addition t❑ the $98,000,
eighty percent of the amount that the aggregate net sales
proceeds of any inventoried properties sold in the first year
following the date of this Agreement exceeds the aggregate buy-
out value of such properties, and forty percent of the amount
that the aggregate net sales proceeds ❑f any inventoried
properties sold in the second year following said date exceeds
the aggregate buy-out value of such properties. The "aggregate
net sales proceeds" for each year is the sum of the sales prices
obtained for parcels sold in that year, less the sum of the
disposition expenses allocable t❑ such parcels eligible for
deduction from sales proceeds pursuant to the early closeout
provisions of Urban Renewal Handbook 7222.1, Chapter 3, Section
4.b. The "aggregate buy-out value" for each year is the sum of
the values for the parcels sold in that year, as listed on pages
99 through 102 ❑f the said Appraisal Report, muitipled by
thirty-four percent.
3. A report on any inventoried properties sold in the first and
second year period following execution of this Agreement shall
be submitted to HUD n❑ later than 45 days after the end of the
first and second year. Any amounts payable to HUD in the first
or second year, pursuant to paragraph 2, shall be paid within 30
days ❑f the last conveyance ❑f properties sold in that year.
4. As used in this Agreement, property "sold" within a specified
time means property for which a contract of sale consummated in
a conveyance is executed within such time, regardless of the
time of the conveyance.
5. All 'land proceeds received by the City from the disposition ❑f
the inventoried properties shall be treated as a program income
to the City's Community Development Block Grant (CDBG) program,
to the extent CDBG funds are used for the payments to HUD under
this Agreement.
Except for the parcels identified in the attached draft letter
dated May 20, 2989, to Mr. Victor J. Hancock, the City and the Agency
each certify by the execution of this Agreement that there are no
understandings or agreements pending for the sale of any ❑f the
inventoried property, or reasonable expectations for the sale of any
such property within the next year, for more money than its buy-out
value. The "buy-out value" is the value for the property as listed
on pages 99 through 102 ❑f the said Appraisal Report, multiplied by
thirty-four percent.
Before me, the undersigned authority, a Notary Public in and for said
County, Texas, on this day personally appeared B. C. McMinn, Mayor,
known to be the person whose name is subscribed below.
Date: 7-13-89 Notary: Is1 Olivia R. Solis
Commission expires 11-30-89.
CITY OF LUBBOCK, TEXAS
Is1 B. C. McMinn
B. C. McMINN, MAYOR
s L nnda Jenkins
Urban Renewal Agency
Lynnda Jenkins, Chairman
Zsl Audrey E. Scott
Department ❑f Housing and Urban
Development
Audrey E. Scott
July 13, 1989
Page 519
APPROVED AS TO CONTENT:
/s/ Sandy Ogletree
Sandy Ogletree, Community
Development Administrator
APPROVED AS TO FORM:
/s/ Teresa Wright
Teresa Wright, Assistant
City Attorney
LETTER DATED MAY 20, 1989 FILED WITH RESOLUTION #3146
In April, 1989, the City Council approved a Buy -
Out Agreement with the Department of Housing and
Urban Development for $68,000. Additionally, the
City Council allocated Community Development
Contingency Funds to be utilized to execute and
complete the Agreement. On that same day, HUD
official informed City Staff that the federal
attorney had several concerns with the Agreement
presented to the City, and that HUD was freezing
all negotiations.
A revised Agreement was presented for the City
Council's review. The revised Agreement requires
that the City pay $68,000 for the land inventory.
This Buy -Out amount is comprised of the $98,000,
the current value of the inventory less $30,000
in eligible expenses. This stipulation is the
same as the original Agreement.
A major difference is that the original Agreement
required that any net proceeds which exceeded
$68,000 during the next five years would be
remitted to HUD. The revised Agreement states in
paragraph 2 that 80% of the aggregate net sales
proceeds in year one and 40% of the net sales
proceeds in year two following the execution of
the Agreement will be remitted to HUD.
This clause is to the City's benefit since the
City's accountability to HUD is limited to two
years instead of five. Also, this stipulation
recognizes the expenses of maintenance and
closing costs for each parcel and requires only a
percentage of the net proceeds. This requirement
might create some remittance to HUD during the
first and second years, but this payment is
estimated to be less than $5,000. A Staff review
of the 1989 year-to-date sales activity, which
has been an above -average year, shows a payment
of approximately $2,200 would be due at the end
of 1989.
The last paragraph requires certification that
the City has no parcels under contract which have
a value which exceeds the Buy -Out value. Since
HUD has been requiring the City to sell the lots
for the appraised value, which exceeds the Buy -
Out value, a listing of all parcels under
contract are listed and exempt from this
requirement.
The remainder of the Agreement further clarifies
the responsibilities of the City with respect to
the Agreement and does not change the original
terms of the Agreement.
July 13, 1989
Page 520
89-48A-520-398
(21.)
The Urban Renewal Board of Directors reviewed the
revised Agreement on May 23, 1989 and recommended
execution of the Agreement. Staff recommended
approval.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to authorize Resolution
#3146 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
Consider Resolution #3
to sign the Cover Shee
the Texas Department o
Transportation for a t
at Brownfield Road (U.
Frontage Roads.
RESOLUTION #3147
7 authorizi
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
a
ation
THAT the Mayor of the City of Lubbock BE and is hereby
authorized and directed t❑ execute for and on behalf of the City of
Lubbock a Cover Sheet for the plans and specifications as furnished
by the Texas State Department of Highways and Public Transportation
for traffic: signal installation at Brownfield Road (U.S. 62) and West
Loop 289 Frontage Roads.
Passed by the City Council this 13th day of July, 1989.
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Isl David E. Woosle
David E. Woosley, Traffic Engineer
COVER SHEET FILED WITH RESOLUTION #3147
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim,
Assistant City Attorney
The Traffic Engineering Department designed this
signal work. These traffic signals are being
installed by the State at their cost. The
estimated construction cost is $95,000. The
traffic signals will then be turned over to the
City for maintenance. The State plans on bidding
this project this fall and construction should be
complete by next spring. Staff recommended
approval.
Motion was made by Councilman Phillips, seconded
by Councilwoman Trej❑ t❑ authorize Resolution
#3147 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
July 13, 1989
Page 521
89-48A-521-399
(22.) Consider Ordinanc
175fa1 of Section
w
ORDINANCE #9290
AN ORDINANCE AMENDING SUBSECTION 16-175(a) OF SECTION
THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK TO REVISE SAID
SUBSECTIO14 TO BETTER CONFORM WITH STATE LAW AS REGARDS SPEED
FOR MOTOR VEHICLES IN THE CITY OF LUBBOCK PARTICULARLY
TEX.REV.CIV.STAT.ANN. ART. 6701d, §166; PROVIDING A PENALTY;
PROVIDING FOR PUBLICATION AND EFFECTIVE DATE HEREOF.
89-48A-521-400
ter
16-175 OF
LIMITS
It has recently come to the attention of the City
that the City Code contradicts State Law with
regard to speed limits inside cities. The City
of Lubbock Code establishes the speed limit
within the City at 30 MPH, unless otherwise
posted. The State Law establishes a 30 MPH speed
limit only in "urban districts" within a city
unless otherwise posted. ("Urban district" is
territory contiguous to and including a highway
or street which is built up with structures
devoted to business, industry or dwelling houses
situated at intervals of less than 100 feet for a
distance of 1/4 mile or more on either side.)
Outside an "urban district", State Law
establishes the speed limit at 55 MPH unless
otherwise posted, and the City does not have the
authority to alter this blanket speed limit. The
City still has the authority to alter any speed
limit on a specific street based upon a traffic
engineering study and subject to the State Law.
Staff recommended approval.
Motion was made by Councilman Carpenter, seconded
by Councilman Maloy to pass on first reading
Ordinance #9290 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
(23.) Consider Ordinance #9291 authorizing a traffic
signal at the intersection of 19th Street and
Inler Avenue.
ORDINANCE #9291
AN ORDINANCE AUTHORIZING A TRAFFIC SIGNAL AT THE INTERSECTION
OF 19TH STREET AND INLER AVENUE; AND PROVIDING FOR PUBLICATION.
The Contract for construction of a traffic signal
at this intersection was previously awarded and
the signal is currently under construction. This
ordinance, authorizing a traffic signal at this
intersection, is necessary before the signal can
be put into operation in order to protect the
City's liability. Staff recommended approval.
Motion was made by Councilman Patterson, seconded
by Councilman Maloy to pass on first reading
Ordinance #9291 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
July 13, 1989
Page 522
89-48A-522-40I
(24.) Consider Resolution #3148 authorizing the Mayor
to sign a Lease Agreement with Texas General
Steel Company, Inc. for building space.
RESOLUTION #3148
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 Lease Agreement with Texas General Steel Company, Inc.,
attached herewith, which shall be spread upon the minutes of the
Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein
in detail.
Passed by the City Council this 13th day of July, 1989.
ATTEST:
Is1 Ranette Boyd
Ranet:te Boyd, City Secretary
APPROVED AS TO CONTENT:
Isl B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ larvin Coffee Is1 Harold Willard
Marvin Coffee, Director of Aviation Harold Willard, Assistant
City Attorney
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
KNOW ALL MEN BY THESE PRESENTS:
LEASE AGREEMENT
This Lease Agreement, entered into at Lubbock, Texas, by and
between the City of Lubbock, hereinafter referred to as "Lessor," and
Texas General Steel Company, Inc., hereinafter referred to as
"Lessee."
WITNESSETH
WHEREAS, Lessor owns and operates a public airport designated
as Lubbock International Airport and herein called "Airport;" and
WHEREAS, Lessor also owns a warehouse located on the Airport
which Lessee desires to lease and utilize for storage purposes; and
WHEREAS, Lessor deems it in the public interest to lease said
warehouse to the Lessee for good and valuable consideration.
ARTICLE I
NOW THEREFORE, for and in consideration of the terms, covenants
and conditions hereinafter set forth, the Lessor does hereby lease
unto Lessee, for use as a storage facility, the warehouse whose
general location at the Airport is depicted on Exhibit A attached
hereto and by this reference made a part hereof for all purposes,
together with the right of ingress and egress.
The initial term of this Agreement shall be for a period of six
(6) months commencing on May 15, 1989, and ending on November 14,
1989, both dates inclusive, and shall be extended upon the same terms
and conditions contained herein for an additional term of six (6)
months if Lessee notifies the Director of Aviation of the City of
Lubbock in writing of Lessee's desire for such additional term prior
to expiration of the initial term.
July 13, 1989
Page 523
Notwithstanding any provision in the above paragraph, this
Agreement is subject to earlier termination as hereinafter provided.
ARTICLE II
In consideration of the rights and privileges herein granted,
Lessee shall pay to the Lessor a rental of TWENTY-FOUR HUNDRED AND
NO/100 DOLLARS ($2,400.00) for the initial term of this Lease,
payable in six (6) equal monthly installments of FOUR HUNDRED AND
N0/100 DOLLARS ($400.00), in advance, by the fifteenth (15th) day of
each month this Lease is in effect.
All payments that become due and payable by Lessee shall be
made to the City of Lubbock at the office of the Director of
Aviation, Lubbock International Airport, Lubbock, Texas.
ARTICLE III
This Lease is granted subject to the following provisions and
conditions:
1. Lessee shall use the warehouse solely for storage
purposes.
2. Lessee agrees that it will at all times auring the term
of this Lease maintain the warehouse in good condition,
ordinary wear and tear excepted, such maintenance to be
the sole responsibility and obligation of Lessee.
3. Lessor will not be required to provide Lessee with access
to the warehouse by removing snow or ice from any portion
of the Airport.
4. Lessee will erect no signs and will distribute no
advertising matter on Airport premises without the prior
written consent of the Director of Aviation. Such prior
written consent shall not be required for advertising
placed by Lessee with Ackerley Airport Advertising, Inc.
or any other party having the right to sell, rent or
offer airport terminal advertising space.
5. Lessee shall not permit any mechanic's, materialman's or
contractor's liens to arise against the warehouse, and
Lessee expressly agrees that it will keep and save the
warehouse and Lessor harmless from all costs and damages
resulting from any lien or liens of any character created
or that may be asserted through any act or thing done by
Lessee, its agents, officers or employees.
6. In the event any mechanic's or other liens or orders for
payment shall be filed against the warehouse while this
Agreement is in effect, Lessee shall within ten (10) days
cause the same to be cancelled and discharged of record,
by bond or otherwise, at the election and expense of
Lessee, and shall also defend on behalf of Lessor, at
Lessee's sole cost and expense, any action, suit or
proceeding which may be brought thereon or for the
enforcement of such liens or orders.
7. Lessor shall assume no responsibility as to the condition
of the warehouse and Lessee herein expressly assumes all
responsibility for maintenance, upkeep and repairs
necessary to keep the warehouse in a safe and serviceable
condition.
8. The Lessee shall not make, permit or suffer any
additions, improvements or alterations to the warehouse
herein leased without prior written consent of the
Director of Aviation of the City of Lubbock. Any such
additions, improvements or alterations made with the
July 13, 1989
Page 524
consent of the Director of Aviation shall be solely at
the expense of the Lessee, and unless such consent
provides specifically that title t❑ the additions,
improvements or alterations so made shall vest in the
Lessee, title thereto shall at all times remain in the
Lessor, and such additions, improvements or alterations
Shall be subject to all of the terms, covenants and
conditions of this Agreement.
9. The Lease herein granted is subject to any and all
applicable laws, ordinances, rules and regulations
pertaining t❑ the Airport.
10. During time of war or national emergency, the Lessor
shall have the right to enter into an agreement with the
United States Government for military or naval use of all
❑r part of the landing area, the publicly owned air
navigation facilities, and other area or facilities ❑f
the Airport. If any such agreement is executed, the
provisions of this instrument, insofar as they are
inconsistent with the provisions ❑f the agreement with
the Government, shall be suspended, but rent hereunder
shall abate accordingly.
11. This Agreement shall be subordinate to the provisions of
any existing or future agreement between the Lessor and
the United States pertaining to the ❑peration or
maintenance of the Airport, the execution of which has
been ❑r may be required as a condition precedent to the
receipt or expenditure of federal funds for the
development of the Airport. Should the effect of such
agreement with the United States effectively destroy the
commercial value ❑f Lessee's rights under this Agreement,
the Lessor shall not be held liable therefor, but rent
hereunder shall abate accordingly.
12. All rights, privileges and interests acquired herein by
Lessee, at the ❑ption of the Lessor, may be suspended if
such suspension is found by the Lessor, acting in good
faith, to be necessary to secure federal financial aid
for the development of the Airport, or further
development or promotion of aeronautical operations
thereon, but rent hereunder shall abate accordingly.
13. The Lessor, acting by and through the Director of
Aviation or ❑ther designated representative, shall have
the right to inspect the warehouse at all reasonable
times that this Lease is in effect.
14. Any property of the Lessor or any property for which the
City of Lubbock may be responsible which is damaged or
destroyed incident to the exercise of the privileges
herein granted, or as a result of acts or omissions of
the employees or agents of Lessee, shall be properly
repaired ❑r replaced by the Lessee to the satisfaction of
the Lessor and its authorized representatives, or in lieu
of such repair or replacement, the Lessee shall, if so
required by the Lessor, pay to the Lessor money in any
amount deemed sufficient by the Lessor to compensate for
the loss sustained by the Lessor which results from the
loss of, damage t❑ ❑r destruction of such property.
15. The Lessee agrees to indemnify, defend and forever save
the Lessor, its authorized agents, representatives and
employees, harmless from and against any and all
penalties, liability, annoyances, expense or loss,
including attorneys' fees, resulting from claims or court
action of any nature arising directly or indirectly ❑ut
July 13, 1989
Page 525
of any acts or omissions of the Lessee, its agents,
servants, guests, employees or business visitors under
this Agreement.
16. The Lessee shall maintain at all times, at its sole
expense, with an insurance underwriter authorized to do
business in the State of Texas and acceptable to the
Lessor insurance against claims of public liability and
property damage resulting from Lessee's activities at the
Airport. The amount of insurance coverage shall not be
less than FIFTY THOUSAND AND N01100 DOLLARS ($50,000) for
property damage arising out of any one accident or event,
or less than ONE HUNDRED THOUSAND AND NO/100 DOLLARS
($100,000) for personal injury or death of any one person
in any one event, or less than THREE HUNDRED THOUSAND AND
NO/100 DOLLARS ($300,000) for personal injury or death of
two (2) or more persons in any one event. Certificates
of insurance or other satisfactory evidence of coverage
shall be filed with the Director of Aviation prior to
entry upon the warehouse premises by the Lessee. Each
policy shall name the Lessor, City of Lubbock, as an
additional insured as its interest may appear and shall
contain a provision requiring the insurer to give the
Lessor written notice of cancellation or of any material
change in said policy or certificates at least thirty
(30) days in advance of the effective date of such
cancellation or material change. Each policy shall also
contain a provision waiving the right of such insurer to
subrogation.
17. Lessee shall furnish to the Lessor satisfactory evidence
that it carries Workers' Compensation Insurance in
accordance with the laws of the State of Texas.
18. The Lessee herein agrees to assume responsibility for the
payment of all public utility charges connected with
Lessee's use of the warehouse including, but not limited
to water, gas, electricity, telephone and sewer service.
19. The Lessee warrants that it has not employed any person
employed by the Lessor to solicit or secure this Lease
Agreement upon any agreement for a commission,
percentage, brokerage or contingent fee.
20. Lessee shall not assign nor sublet this Lease without
prior written consent of the Director of Aviation of the
City of Lubbock, and no such assignment or subletting
shall affect Lessee's obligations to make all required
rental payments hereunder.
21. The failure of the Lessor to insist upon performance of
any of the terms, covenants or conditions of this Lease
shall not be construed as a waiver or relinquishment of
the future performance of any such terms, covenants or
conditions, and the Lessee's obligation with respect to
such future performance shall continue in full force and
effect.
22. Lessee shall, at its sole expense, provide a complete and
property arrangement for the adequate sanitary handling
and disposal away from the Airport of all trash, garbage
and other refuse that results from Lessee's use of the
warehouse.
23. In the event Lessee remains in possession of the
warehouse after the expiration of this Agreement, such
holding over shall not be deemed as a renewal or
extension of this Lease, but shall create only a tenancy
from day to day which may be terminated at any time by
Lessor.
July 13, 1989
Page 526
24. Lessee shall prohibit both unauthorized persons and
vehicles from entering those Airport premises over which
Lessee has control or usage of either exclusively or in
common with other Airport tenants, and Lessee agrees that
in the event that a civil penalty or fine is levied
against the Airport or City as a result of Lessee's
failure to comply or act in accordance with this
provision or any other applicable federal, state or local
statutes, ordinances, rules and regulations affecting the
use, occupancy or operation of any of said premises,
Lessee shall immediately reimburse the Airport ❑r City
the full amount of the penalty or fine and correct the
act or omission leading to, causing or contributing to
the violation.
ARTICLE IV
This Lease Agreement shall terminate at the end of the initial
term hereof and Lessee shall have no further right or interest in the
warehouse except as provided in Article I and Article III, Paragraph
23.
This Agreement is subject to termination for the reasons set
forth i below, provided that fifteen (15) days written notice is given
to the non -terminating party. Rental due hereunder shall be payable
only to the effective date of said termination.
The Lessee may terminate upon the happening of any of the
following:
1. The permanent abandonment of the Airport as an airline
terminal.
2. The issuance by any court of competent jurisdiction of an
injunction in any way preventing ❑r restraining the use
of the Airport, provided such injunction remains in force
for at least thirty (30) days.
3. The breach by the Lessor of any ❑f the terms, covenants
or conditions ❑f this Agreement to be kept, performed and
observed by the Lessor, and the failure of the Lessor to
remedy such breach for a period ❑f thirty (30) days after
written notice from the Lessee of the existence of such
breach.
4. The assumption by the united States Government, or any
authorized agency of same, ❑f the operation, control ❑r
use of the Airport and its facilities in such a manner as
to substantially restrict the Lessee from utilizing the
warehouse under the terms of this Agreement for a period
❑f at least thirty (30) days.
The Lessor may terminate upon the happening ❑f any of the
following:
1. If the Lessee shall file a voluntary petition ❑f
bankruptcy; if Lessee is adjudicated as bankrupt; if a
court shall take jurisdiction of Lessee and its assets
pursuant to proceedings brought under the provisions of
any federal reorganization act; if a receiver for
Lessee's assets is appointed; or if Lessee is divested of
its rights, powers and privileges under this Agreement by
other operation of law.
2. If the Lessee shall ibandon and discontinue operations
under this Agreement.
July 13, 1989
Page 527
3. If the Lessee shall default in or fail to make any
payments at any time and in the amounts required under
this Agreement.
4. If the Lessee shall fail to perform, keep or observe any
of the terms, covenants or conditions contained in this
Agreement to be performed, kept or observed by Lessee.
5. If the Lessee shall fail to abide by all applicable laws,
ordinances, rules and regulations of the United States,
State of Texas, City of Lubbock or Director of Aviation
of the City of Lubbock.
6. If Lessor, acting in good faith, finds termination of the
rights, privileges and interests of Lessee acquired under
this Lease to be necessary to secure federal financial
aid for the development of the Airport, or further
development or promotion of aeronautical operations
thereon.
In the event the warehouse is damaged by fire or other
accidental cause during the term of this Agreement so as to become
totally or partially unusable for storage purposes, Lessor shall have
the option to restore the building to its former condition. If
Lessor exercises its option to restore the warehouse, Lessor shall
proceed with due diligence. If the damage is so extensive as to
practically amount to the total destruction of the utility of the
warehouse for storage purposes, Lessee's obligation to pay rent
hereunder shall abate for the time and to the extent that the
warehouse has been rendered unusable. Should Lessor not exercise its
option to restore the building, this Lease shall terminate, such
termination to be effective on the date of damage by fire or other
accidental cause, and the rent shall be apportioned to that date.
Within ten (10) days following the date of expiration or
termination of this Agreement, the Lessee shall, as required by the
Lessor, vacate said warehouse, remove all property of Lessee and
restore the warehouse to as good a condition on such date of
expiration or termination as when received, ordinary wear and tear
excepted; provided, however, that Lessee's right to remove its
property from the warehouse upon expiration or termination is subject
to the condition that Lessee has paid in full all amounts due Lessor
under this Agreement. If the Lessee shall fail or neglect to restore
the warehouse within ten (10) days of said expiration or termination,
then at the option of Lessor, said property of the Lessee shall
either become the property of the Lessor without compensation
therefor or the Lessor may restore the warehouse at the expense of
the Lessee, and no claim for damages against the Lessor or its
officers, agents or employees shall be created or made as a result of
either action.
ARTICLE V
Notices to the Lessor required or appropriate under this Lease
shall be deemed sufficient if in writing and mailed by registered
mail with postage prepaid to the Director of Aviation, Lubbock
International Airport, Route 3, Box 201, Lubbock, Texas 79401.
Notices to the Lessee required or appropriate under this Lease
shall be deemed sufficient if in writing and mailed by registered
mail with postage prepaid to Texas General Steel Company, Inc., Rt.
3, P. 0. Box 24 West, Lubbock, Texas 79401.
Should Lessor institute legal action to collect rentals due
under this Lease Agreement or damages for breach of any covenant made
herein, a reasonable sum shall be added to the amount of recovery for
attorneys' fees together with all costs of court.
Both parties hereby agree that this instrument constitutes the
final agreement of the parties and that all other previous
July 13, 1989
Page 528
agreements, leases and contracts between the parties which pertain to
the property described herein are hereby declared null and void.
Executed this the 13th day of July, 1989.
LESSOR:
CITY OF LUBBOCK
8Y: s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Marvin Coffee
Marvin Coffee, Director of
Aviation
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant
City ,Attorney
89-48A-528-4k2
(25.)
LESSEE:
TEXAS GENERAL STEEL CO., INC.
8Y:/s/ Blaine C. Pierce
Blaine C. Pierce, Manager
ATTEST:
/s/ Pam Robertson
Secretary
Texas General Steel, a tenant at LIA, has
requested to lease a warehouse on Airport
property, solely for storage.
The proposed Agreement is for a period of six
months, from May 15, 1989 to November 14, 1989.
Texas General Steel will pay a rental of $2,400
for the term of the lease, payable in monthly
installments of $400. The Airport Board reviewed
and recommended approval of this Lease Agreement.
Staff recommended approval.
Motion was made by Councilman Carpenter, seconded
by Councilman Phillips to authorize Resolution
#3148 as recommended by the Airport Board and by
Staff. Motion carried: 7 Yeas; O Nays.
Consider Resolut
to sign an a reel
the Humanities f
Fine Arts Center
RESOLUTION #3149
3149 authorizing the Mayor
with the Texas Committee for
e "Matrix" oroaram at the
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock 8E and is hereby
authorized and directed to execute for and on behalf of the City of
Lubbock a Grant Agreement with the Texas Committee for the Humanities
for Project No. 89-1696, 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 13th day of July, 1989.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranet-te 3oyd, City Secretary
July 13, 1989
Page 529
APPROVED AS TO CONTENT:
/s/ Lee Osborn
Lee Osborn, Director of Parks
& Recreation
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant
City Attorney
GRANT AGREEMENT FILED WITH RESOLUTION #3149
The intention of the MATRIX Program is to
assemble an interpretive exhibition compiled from
photographs and writings done by Lubbock youths
during a summer workshop at the Fine Arts Center.
According to Staff comments, arrangements are
currently underway to tour MATRIX, and a
catalogue will also be produced to document the
program and the exhibition.
The workshops for "Matrix" were held in June,
1989 and attendees were senior high youth who had
been recommended by schools, agencies, churches,
special interest groups, civic clubs, and City
departments. Nineteen boys and girls were
selected, representing a cross section of Anglo,
Black, Hispanic, Oriental, and Indian cultures.
The cost of the exhibit will be underwritten by a
grant from the Texas Committee for the
Humanities. Staff recommended approval of the
Agreement.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Maloy to authorize Resolution #3149
as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
89-48A-529•- 403
(25.) Consider Resoluti
to execute a contract wltn LubbocK county water
Control and Imorovement District No. 1 for water
RESOLUTION #3150
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of
Lubbock a Contract and Agreement by and between the City of Lubbock
and the Lubbock County Water Control and Improvement District No. 1,
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 13th day of July, 1989.
/s/ B. C. McMinn
B.C. McMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
/sZ J. Robert Massengale /s/ John C. Ross, Jr.
J. Robert Massengale, Assistant John C. Ross, Jr.
City Manager for Financial Services City Attorney
July 13, 1989
Page 530
THE STATE OF TEXAS AGREEMENT REGARDING LUBBOCK
L
COUNTY OF LUBBOCK WASTEWATER DISPOSAL PERMIT
This Agreement ("Release and Agreement") is made and entered
into by and between the City of Lubbock (herein called "Lubbock"), a
municipal corporation located in Lubbock County, acting by and
through its undersigned duly authorized mayor, as authorized by
specific action of its City Council and the Lubbock County Water
Control and Improvement District No. 1 (herein called "District),
acting by and through its undersigned duly authorized president, as
authorized by specific action of its Board of Directors.
RECITALS
1. Lubbock filed an application with the Texas Water
Commission ("Commission") requesting an amendment to Permit No.
10353-02 for authorization to modify its sewage treatment and
disposal facilities;
2. District protested the application, alleging that
Lubbock's wastewater disposal practices impaired District's water
supply; and
3. Bonafide disputes and controversies exist between the
parties, both as to liability and the amount thereof, if any, and by
reason of such disputes and controversies the parties hereto desire
to compromise and settle all claims and causes of action (if any) of
any kind whatsoever which District has arising out of the
application, hereinabove referred to, and the alleged impairment of
District's water supply as a result of Lubbock's wastewater disposal
operations and intend that the full terms and conditions of the
agreement be set forth in this document. The parties hereto
specifically agree that this release shall also be construed to apply
to any claim that District may assert now or in the future when such
claim or claims are based upon alleged damage or injury in any way
arising or attributable to the migration of underground waters.
Except as aforementioned, this release shall not be construed so as
to release any claim or claims District may have as a result of the
City violating any term or condition of the wastewater disposal
permit granted to the City pursuant to its current pending
application to amend Permit No. 10353-02.
AGREEMENT
For and in consideration of the mutual promises, covenants,
obligations, and benefits described in this Agreement and as further
inducement for the City of Lubbock executing a water supply contract
with District, Lubbock and District agree as follows:
Section 1. Withdrawal of Protest. Upon execution of this
Release and Agreement, District will file a motion with the
Commission requesting the dismissal of District's protest of
Lubbock's application. If District does not file the motion within
ten (10) days after the effective date of this Agreement, District
will be in default of this Agreement and Lubbock may terminate this
Agreement. District, its assigns, successors, agents, servants and
employees, and all persons, natural or corporate, in privity with it
or any of them, hereby contract and agree that it shall not interfere
in any way with the application to amend Permit No. 10353-02 issued
by the Texas Water Commission or any amendments to or renewals
thereof to said Permit No. 10353-02 currently pending before the
Texas Water Commission which are necessary or required to secure the
wastewater disposal permit sought by City in the aforementioned
permit: application.
Section 2. Public Property. Lubbock and District have agreed
upon a contract fixing terms of water service by Lubbock to District
including terms for the calculation of rates to be charged for such
service (the "Water Supply Contract"). District authorizes, to the
July 13, 1989
Page 531
extent capable under existing law, Lubbock's use of streets, alleys,
and general utility or other easements of District for construction,
operation and maintenance of Lubbock's water system to point of
delivery of water to wholesale customer. In the event District does
not currently have an easement over, under, on or upon a public
street, alley or other right-of-way, whether public or private, it
will assume the affirmative duty to acquire such easement, at its
cost, for use by the City. If Lubbock's water system is placed in,
on, above, or across any street, alley, or easement, Lubbock agrees
to use reasonable efforts not to unreasonably interfere with the
lawful use of the street, alley, or easement, but Lubbock shall have
the right to temporarily interfere with such usage when necessary or
convenient for the installation, inspection, repair or replacement of
the facilities. Lubbock shall restore lands, pavement or public
improvements resulting from exercise of the rights provided in this
section, including the cost of relocation of any public facilities
located within any such easement, but District shall pay the cost of
relocating any property belonging to District or any public utility,
if this cost is not borne by City as aforesaid.
Section 3. No Interference. District, its assigns,
successors, agents, servants and employees, and all persons, natural
or corporate, in privity with it or any of them, hereby contract and
agree that they shall not interfere in any way with the wastewater
disposal projects authorized under Permit No. 10353-02 issued by the
Texas Water Commission or any amendments to or renewals currently
ep ndii22 thereof. District, its assigns, successors, agents, servants
and employees, and all persons, natural or corporate, in privity with
it or any of them, hereby contract and agree that they shall not
interfere in any way with Lubbock's efforts to obtain authorization
to discharge treated effluent, provided the quality of the effluent
meets or exceeds the limitations described in Effluent Set 2-N in
Texas Water Commission Rule '309.4 as of the date this Agreement is
signed. City of Lubbock shall have the right to enforce this
provision in the event of its breach in the District Court of Lubbock
County, Texas, by pursuing any legal or equitable remedy appropriate.
Section 4. Release. District, its successors, assigns, and
all persons, natural or corporate, in privity with it has this day
released and by these presents do release, acquit, and forever
discharge Lubbock, its successors, assigns, agents, servants, and
employees, and all persons, natural or corporate, in privity with it,
from any and all claims or causes of action of any kind whatsoever,
at common law, in equity, statutory or otherwise which District has,
or might have, known or unknown, now existing or that might arise
hereafter, directly or indirectly, attributable to occurrences or
transactions involving District's water supply, which have taken
place prior to this date (including any damages attributable to
migration of underground water either now or in the future).
Section 5. Effective Date. This Release and Agreement shall
take effect and be binding on each party as of the date which
execution of this Release and Agreement is made by all parties
hereto.
Section 6. Governing Law. This Release and Agreement shall be
enforced and construed in accordance with the laws of the State of
Texas.,
Section 7. Agreement Prepared Jointly by Both Parties'
Attorneys. This Release and Agreement has been prepared by the joint
efforts of the respective attorneys for each of the parties.
Section 8. Acknowledgment of Entire Release and Agreement.
Each party acknowledges that it has carefully read this instrument,
including all documents or instruments that it refers to; that this
instrument expresses the entire Release and Agreement between the
parties concerning the subjects that it purports to cover; that each
party has executed the Release and Agreement freely and of his or her
own accord; and that it is expressly understood that the terms hereof
July 13, 1989
Page 532
are contractual and not merely recitals.
Section 9. Partial Invalidity. If any provision, word,
phrase, clause, sentence or paragraph of this Release and Agreement
or the application thereof to any person or circumstance is or shall
ever be held by a court of competent jurisdiction to be invalid,
void, or unenforceable, the remainder of the Release and Agreement
and the application of such provision, word, phrase, clause, sentence
or paragraph or other part of this Release and Agreement to other
persons or circumstances shall nevertheless survive and continue in
full force and effect without being impaired or invalidated in any
way.
Section 10. No Admission of Liability. It is expressly
understood and agreed that the terms hereof are contractual and not
merely recitals and that the agreements herein contained and the
consideration transferred is to compromise doubtful and disputed
claims, avoid litigation, buy peace, and that no payments made nor
released or other consideration given shall be construed as an
admission of liability, all liability being expressly denied.
Section 11. Acknowledgement of Release and Agreement.
District acknowledges and warrants that it has carefully read this
instrument, including all documents that it refers to; that this
instrument expresses the entire Release and Agreement; that District
fully understands this instrument to be a compromise, settlement and
release of all claims, known or unknown, all as more fully described
in paragraph 4 of this agreement. District acknowledges and warrants
that it has the authority and is legally competent to execute this
Release and Agreement, and that it does so of its own free will and
accord without reliance on any representation of any kind or
character not expressly set forth herein.
Section 12. Multiple Originals. This Release and Agreement
shall be executed in two (2) counterparts, both of which shall, for
all purposes, be deemed to be an original, and all such counterparts
shall together constitute and be one and the same instrument.
EXECUTED as of the 11th day of July, 1989.
LUBBOCK COUNTY WATER CONTROL
AND IMPROVEMENT DISTRICT NO. 1
BY:/s/ Tommy Fisher
President
ATTEST:
Mack Oriser
Secretary
MAILING ADDRESS for notice:
Lubbock County Water Control
and Improvement District No. 1
Buffalo Springs Lake
Rt . 3.0 , Box 400
Lubbock, Texas 79404
ACCEPTED AND EXECUTED as of the 13th day of July, 1989.
THE CITY OF LUBBOCK
8Y:/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranet:te Boyd, City Secretary
July 13, 1989
Page 533
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
MAILING ADDRESS for notice:
City of Lubbock
P.D. Box 2000
Lubbock, Texas 79457
STATE OF TEXAS y
y KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK y
This {Contract is made by and between the City of Lubbock (herein
called "CITY"), a municipal corporation located in Lubbock County,
acting by and through its undersigned duly authorized mayor as
authorized by specific action of its City Council; and the Lubbock
Country Water Control and Improvement District No. 1 (herein called
"WHOLESALE: CUSTOMER"), a conservation and reclamation district in
Lubbock County, acting by and through its undersigned duly authorized
president, as authorized by specific action of its Board of
Directors.
1. RECITALS
1-1. This Contract is made to provide access to CITY'S
existing water system and to define the terms and
conditions under which the CITY will construct and
maintain water system capacity adequate to provide a
specific volume of water for wholesale CUSTOMER'S water
system to make water available for property located
within the corporate limits of the Village of Buffalo
Springs, Texas as of January 1, 1988.
1-2. This Contract is entered into in compliance with the
settlement and compromise agreement between CITY and
WHOLESALE CUSTOMER of even date herewith.
For and in consideration of the mutual agreement, covenants,
obligations, and benefits of this Contract, the CITY and WHOLESALE
CUSTOMER contract and agree as follows.
2.
3.
DEFINITIONS
All words and phrases used in this Contract shall be
construed and interpreted in accordance with accepted
construction and usage in the operation of municipally -
owned water utilities at the time this Contract is
signed.
WHOLESALE CUSTOMER APPLIES FOR WATER SERVICE
WHOLESALE CUSTOMER makes application to CITY that it
furnish water service by providing access to its existing
water system and by constructing and maintaining water
system capacity adequate to provide water service to
WHOLESALE CUSTOMER'S water system for the property
described in this Contract.
4. TERMS, PROVISIONS AND CONSIDERATIONS
CITY will furnish such service described in paragraph 3
above and will perform as required by the terms of this
Contract in consideration of the commitments made by
WHOLESALE CUSTOMER to CITY and to each other under the
terms of this Contract. The wholesale water ordinance
passed by the CITY to implement this Contract will be
July 13, 1989
Page 534
binding on both parties.
And the Parties agree to additional terms and conditions as follows:
5. CITY SHALL FURNISH CERTAIN WATER SYSTEM FACILITIES
6-1. CITY Shall Furnish Facilities
The CITY shall furnish its existing water system
facilities and additional water system facilities as are
necessary to provide water service to WHOLESALE
CUSTOMER'S water system for the property herein described
under such conditions as are provided as follows:
Quality and Treatment
Potable water of similar quality supplied t❑ citizens and
residents of the City of Lubbock, Texas treated by
disinfectants and such ❑ther treatment as may in the
future be directed by the City Council ❑f the City of
Lubbock and meeting the applicable quality standards of
the Texas State Department ❑f Health and ❑ther local,
State and Federal governmental agencies at the point of
delivery hereinafter provided during the term of this
Contract or of any renewal or extension thereof. CITY
may furnish such supply out of surface water, ground
water, or both, at its discretion.
6-1.2. Quantity
Quantities ❑f water as may be required by WHOLESALE
CUSTOMER not to exceed any of the following limitations:
720,000 gallons during any 24-hour period of time; or
262,800,000 gallons during any 365-day period of time,
as measured at the point ❑f delivery. CITY shall install
a metering station at the point of delivery and at its
❑ption may include in such metering station the following
devices: (1) control the rate of flow; (2) measure the
instantaneous flow of gallons per day; (3) measure peak
hourly flow during the day of maximum flow in gallons per
day; (4) measure the cumulative volume of water taken;
and (5) control changes in the rate ❑f flow, said devices
being ❑perable by CITY at the master metering station and
remotely from within CITY. WHOLESALE CUSTOMER shall be
entitled t❑ inspect, test, and examine this metering
station and equipment at reasonable times. The volumes
specified in this paragraph shall be subject t❑ and
limited by the CITY'S power to conserve and ration water
as provided by Sections 6-2.6 and 6-3.1 of this Contract
and shall be made available upon completion of facilities
necessary or convenient to deliver the water from the
CITY'S existing facilities to the WHOLESALE CUSTOMER'S
Well No. 4 at the location shown ❑n Exhibit "A", attached
hereto and made a part hereof for all purposes. It is
anticipated that completion of such facilities shall be
on or about July 15, 1989.
6-1.3. Point of Delivery and Pressure.
Water at a reasonably constant flow rate calculated to
meet maximum daily demand at a constant pressure of not
less than 20 pounds per square inch at meter located at
the point of delivery. Point of delivery as used in this
Contract shall mean the point at which the water supplied
under this Contract passes through the meter described in
Section 6-1.2 of this Contract and exits said meter into
the facilities owned or operated by WHOLESALE CUSTOMER as
July 13, 1989
Page 535
shown in Exhibit "A", attached hereto and made a part
hereof.
6-1.4. Metering Equipment
Installation and maintenance, at its own expense at the
point of delivery, of the necessary metering equipment
and required devices of standard type for properly
measuring the quantity of water delivered to the
WHOLESALE CUSTOMER and calibration of such metering
equipment within a reasonable time after request by the
WHOLESALE CUSTOMER, but not less frequently than once
every twelve (12) months, or more frequently than once
every three (3) months. A meter registering not more
than three percent (3%) above or below the test result
shall be deemed to be accurate. The previous readings of
any meter disclosed by test to be inaccurate shall be
corrected in accordance with the percentage of inaccuracy
found by such tests for a period extending back one-half
(1/2) of the time elapsed since the last calibration date
but, in no event, further back than a period of six (6)
months. If the meter is out of service or out of repair
so that the amount of water delivered cannot be
ascertained or computed from the reading thereof, the
water delivered during the period such meter is out of
service or out of repair shall be estimated upon the
basis of the best data available. The metering equipment
register shall be read by the CITY at least once a month.
Billing Procedure
A monthly statement of the amount of water determined to
be consumed by WHOLESALE CUSTOMER through the meter
described in Section 6-1.2 of this Contract during the
preceding month shall be mailed to WHOLESALE CUSTOMER.
All statements for water s❑ consumed shall be due and
payable fifteen (15) days after the issuance of said
statement. A late payment charge of five percent (5%)
shall be charged to WHOLESALE CUSTOMER if said customer
fails to pay its bill on or before the fifteenth (15) day
from date of issuance. In the event WHOLESALE CUSTOMER
fails to pay its statement in full on or before the
expiration of thirty (30) days from the date of issuance
of said statement than in such event interest shall be
added to said statement at the maximum lawful rate of
interest on prejudgment debts in the State of Texas from
such date aforementioned until said statement is paid in
full. If payment is not received by the CITY within
thirty (30) days after the due date, the statement shall
be deemed delinquent. The CITY shall notify the
WHOLESALE CUSTOMER in writing when any such payment shall
become delinquent, and if such delinquency is not removed
within thirty (30) days after the sending of such written
notice, the CITY may, at its discretion, cease supplying
water to the WHOLESALE CUSTOMER under the terms of this
Contract or exercise its lien upon WHOLESALE CUSTOMER'S
revenues as provided by this Contract (see paragraph 8).
After water has ceased to be supplied, the CITY may, at
its discretion, notify the WHOLESALE CUSTOMER of its
intention to declare this Contract forfeited and null and
void. Upon such notice, the WHOLESALE CUSTOMER shall
have thirty (30) days to pay all delinquent charges,
reconnect charges, and penalties in order to reinstate
water supplies prior t❑ final action by CITY declaring
this contract forfeited and null and void. As used in
this section reconnect charges shall be fifteen dollars
for such service made before 5:00 P.M. on any weekday and
twenty five dollars for such service rendered after 5:00
P.M. on any weekday. No penalties exist at the time of
the execution of this agreement for such service,
July 13, 1989
Page 536
however, if CITY in the future determines to add such a
penalty then WHOLESALE CUSTOMER agrees to pay the penalty
adopted by the CITY for customers within the same class
as WHOLESALE CUSTOMER.
Should WHOLESALE CUSTOMER disagree with the monthly
statement it shall take the following action:
(a) Within the fifteen (15) days after receipt ❑f
the statement it shall notify CITY in writing
of its points of disagreement.
(b) Within fifteen (15) days from receipt of the
writing from WHOLESALE CUSTOMER setting forth
its points of dispute CITY shall test the
meter at point of delivery and WHOLESALE
CUSTOMER may be present during such testing.
(c) If the test as outlined in subparagraph (b)
above shows that the statement for water
delivered t❑ WHOLESALE CUSTOMER was based on
meter reading and such meter was registering
not more than three percent (3%) above or
below the test results for such meter as
described in Section 6-1.4 of this agreement
then in such event WHOLESALE CUSTOMER shall
pay the statement rendered to it.
(d) If the test as outlined in subparagraph (b)
above shows that the statement for water
delivered to WHOLESALE CUSTOMER was based on
meter readings and such meter was registering
more than three percent (3%) above or below
the test results for such meter as described
in Section 6-1.4 of this agreement then in
such event an adjustment shall be made to the
statement in favor of WHOLESALE CUSTOMER if
more than three percent (3%) in excess of the
test meter results and in favor of CITY if
the meter readings are more than three
percent (3%) below the test meter results.
(e) A period of thirty (30) days shall be added
to the time requirements allowing for the
forfeiture of this Contract when the testing
procedure has been conducted as described in
subparagraphs (a) through (d) of this
section.
6-2. Conditions of Service
WHOLESALE CUSTOMER shall comply with continuing
conditions of receiving service as follows:
6-2.1. Wholesale Customer's Facilities
WHOLESALE CUSTOMER agrees and understands that it will
install and maintain at its sole expense all facilities
necessary for WHOLESALE CUSTOMER to operate its water
system from the point of delivery as described in this
Contract and that the City ❑f Lubbock shall be under no
obligation whatsoever to bear any of said expenses
aforementioned. The design and construction ❑f the
facilities between the meter and the air gap shall be
subject to review and approval by CITY. After the
installation of the facilities, to be installed by CITY,
WHOLESALE CUSTOMER shall at all times maintain an "air
gap" on its side of the point of delivery and shall not
alter, modify or improve its facilities in any way which
will affect the "air gap" without prior written notice to
July 13, 1989
Page 537
CITY. The design and construction of the facilities, and
any repairs, modifications, or improvements t❑ the
facilities shall comply with all federal, state, and
local regulatory requirements.
6-2.2. Rates and Payment Date
Pay to the CITY no later than the due date specified in
the statement for water delivered pursuant to the terms
❑f this Contract those charges for wholesale water as set
forth within said statement. The charges for wholesale
water shall be in accordance with the rates for WHOLESALE
WATER CUSTOMERS outside the city limits, established by
Ordinance of the City Council of the City of Lubbock, for
the class of customer hereinabove mentioned, which
Ordinance will be filed for public record with the City
Secretary of the City of Lubbock and reference t❑ which
is hereby made as if fully set forth herein. The
Ordinance establishing rates for the service hereinabove
mentioned may be, from time to time, modified or amended
and in the event of such modification or amendment the
reference to the Ordinance above set forth shall be
construed so as to apply to the last modification or
amendment. The rate shall be based upon estimates of
WHOLESALE CUSTOMER'S proportionate share of operations
and maintenance expenses, capital, and capital -related
expenses of the CITY'S Water System as described by the
methodology shown in Exhibit "B", attached to this
Contract. In the event the Ordinance establishing the
rates for water delivered pursuant to this Contract is
modified or amended and such modification or amendment
results in a new or revised rate applicable to sales
under this Contract then in such event, CITY shall
furnish WHOLESALE CUSTOMER with a revised rate not less
then forty-five (45) days prior to the effective date
thereof together with the costs and tables used in
calculating the rate, as per example outlined in Exhibit
"B", attached hereto. The rates charged do not imply nor
include service by the CITY beyond the CITY'S point of
delivery; it being the intent of this Contract that all
expenses on WHOLESALE CUSTOMER'S side of the point of
delivery as defined in this Contract shall be the sole
expense of WHOLESALE CUSTOMER.
Nothing in this Contract shall be construed as
constituting an undertaking by CITY to furnish water to
WHOLESALE CUSTOMER except pursuant to the terms of this
Contract. WHOLESALE CUSTOMER stipulates and agrees that
the rates and policies specified in this Contract are
just and reasonable. WHOLESALE CUSTOMER rates will not
be higher than any other customer of the same
classification.
6-2.3,. Advance Deposit
Make an advance deposit in the amount of $5,000.00 cash
❑r by letter of credit in like amount approved by CITY
which sum is considered to be reasonably adequate to
secure WHOLESALE CUSTOMER'S future monthly water charges
during the first twelve (12) months after this Contract
is signed on behalf of CITY. The initial deposit shall
be paid prior to the CITY furnishing water to WHOLESALE
CUSTOMER. On or before the end of the twelfth (12) month
after this Contract is signed on behalf of CITY and
annually thereafter, upon request by CITY, WHOLESALE
CUSTOMER shall deposit (within ten [103 days of such
request) any additional money with CITY required to make
the WHOLESALE CUSTOMER'S deposit equal to the product of
multiplying the WHOLESALE CUSTOMER'S monthly bill, as
averaged over the prior twelve (12) month period, by a
Duly 13, 1989
Page 538
factor of three (3). This deposit or letter of credit
shall be collected and held by the CITY for the term of
this Contract and the deposit will accrue interest at 6%
in favor of the WHOLESALE CUSTOMER during the time in
which it is retained by the CITY. In the event that
WHOLESALE CUSTOMER has paid its account in accordance
with the terms of this Contract for a period of five (5)
years from its execution, then in such event the cash
deposit or letter of credit shall be returned to
WHOLESALE CUSTOMER and no further deposit shall be
required.
6-2.4. Service To and Definition of Retail Customers
Limit service to retail customers within the defined
service area of the WHOLESALE CUSTOMER as shown on
Exhibit "A", attached hereto unless the parties agree it
writing for service to others. A retail customer is
defined as a single or multiple family dwelling, or a
commercial customer. For purposes of this Contract, a
commercial customer is a customer of WHOLESALE CUSTOMER
which uses the water for purposes other than household
use. Notwithstanding anything contained herein to the
contrary a retail customer shall not include a political
subdivision, corporation, partnership, or individual
engaged in the water supply business. The WHOLESALE
CUSTOMER shall prohibit the resale or transfer of water
delivered by the CITY under this Contract by any of
WHOLESALE CUSTOMER'S retail customers or members to any
other party, unless the written consent of the CITY is
obtained in advance.
6-2.5. Sanitary Control
Maintain at all times an air gap between CITY'S
pressurized system and WHOLESALE CUSTOMER'S system of not
less than twice the diameter of the pipe at the point of
delivery. WHOLESALE CUSTOMER shall not allow service by
direct pressure from the CITY'S supply. WHOLESALE
CUSTOMER shall permit personnel of CITY to enter upon the
property ❑f WHOLESALE CUSTOMER for the purpose of
inspecting any and all facilities to determine whether
WHOLESALE CUSTOMER is maintaining the required air gap.
Should CITY have reasonable grounds to believe that any
condition exists which might result in contamination of
CITY'S water supply or jeopardize CITY'S certification
with the State Health Department ❑r other federal, state
or local regulatory authorities, then CITY shall notify
the WHOLESALE CUSTOMER and WHOLESALE CUSTOMER shall
immediately correct such condition. In the event
WHOLESALE CUSTOMER fails to correct such condition the
CITY may, at its sole discretion, which shall not be
unreasonably exercised, either correct the condition, at
WHOLESALE CUSTOMER'S cost, and include the cost of
materials and labor in subsequent billing statements from
CITY to WHOLESALE CUSTOMER or cease delivering water
under this Contract until such condition is corrected to
the satisfaction of the CITY. In the event the CITY
determines that contamination ❑f CITY'S water supply by
WHOLESALE CUSTOMER exists, CITY shall have the absolute
right t❑ discontinue service to WHOLESALE CUSTOMER until
such time as said contamination has been eliminated by
WHOLESALE CUSTOMER. Nothing herein shall be construed t❑
impose upon the CITY the duty and obligation to make any
inspection ❑r t❑ regulate the quality of water beyond
CITY'S metering point to WHOLESALE CUSTOMER, and the
WHOLESALE CUSTOMER shall be solely responsible for the
operation, maintenance, regulation and employment ❑f all
facilities beyond the metering point, and the regulation
July 13, 1989
Page 539
6-2.6.
6-2.7,,
6-2.8.
6-3.
6-3.t..
of the use of all water received by it at the metering
point.
Water Conservation
In the event the CITY is required to implement a water
conservation and rationing plan for its system then in
such event WHOLESALE CUSTOMER shall receive the same
water allotment under such plan as any other wholesale
customer served by CITY. WHOLESALE CUSTOMER shall
cooperate with and assist CITY in developing,
implementing and maintaining water conservation plans,
programs, and rules incorporating loss -reduction measures
and management practices, techniques, and technologies
designed to insure that water made available under this
Contract is used in an economically -sensitive manner and
designed to reduce the consumption of water, reduce the
loss or waste of water, improve the efficiency in the use
of water, and increase the recycling and reuse of water.
WHOLESALE CUSTOMER agrees that if water supplies or
services are curtailed within CITY, CITY may impose a
like curtailment on deliveries to WHOLESALE CUSTOMER and
WHOLESALE CUSTOMER will cooperate by imposing
conservation measures upon its sales. CITY'S obligations
under this Contract shall be subject to water
conservation plans and drought contingency plans adopted
by CITY or required or approved by the Texas Water
Commission, the Texas Water development Board, or any
other or additional federal, state, or local regulatory
authority with power to require or approve water
conservation and drought contingency plans.
Public Property
Authorize, to the extent capable under existing law,
CITY'S use of streets, alleys, and general utility or
other easements of the WHOLESALE CUSTOMER for
construction, operation and maintenance of the CITY'S
water system to point of delivery of water to WHOLESALE
CUSTOMER. If CITY'S water system is placed in, on,
above, or across any street, alley, or easement CITY
agrees to use reasonable efforts not to unreasonably
interfere with the lawful use of the street, alley, or
easement, but CITY shall have the right to temporarily
interfere with such usage when necessary or convenient
for the installation, inspection, repair or replacement
of the facilities. CITY shall restore lands, pavement or
improvements resulting from exercise of the rights
provided in this section, including the relocation of any
facilities located within any such easement, but
WHOLESALE CUSTOMER shall pay the cost of relocating any
of property belonging to WHOLESALE CUSTOMER or any
property belonging to any other utility company.
Right of Entry
CITY is hereby authorized the right of entry at no cost
to inspect and maintain CITY facilities located within or
upon property of WHOLESALE CUSTOMER.
Mutual Conditions
Failure to Deliver
CITY does not warrant that the services provided for in
this Contract will be free from interruption or stoppage
caused by maintenance, repair, substitution, renewal,
replacement or improvement of any of the equipment
involved in the furnishing of any such services or caused
by the changes of services, alterations, strikes,
July 13, 1989
Page 540
lockouts, labor controversies, accidents, or acts of God,
the elements, or any other cause beyond the reasonable
control of CITY. In case by reason of Force Majeure
either party hereto shall be rendered unable, wholly ❑r
in part, to carry out its obligations under this
Contract, to comply with applicable federal, state, and
local regulatory authorities having or asserting
jurisdiction over the operation of WHOLESALE CUSTOMER'S
water supply, and to meet sanitary control requirements
as hereinabove set forth, then if such party shall give
notice and full particulars ❑f each Force Majeure in
writing to the other party within a reasonable time after
occurrence of the event or cause relied on, the
obligation of the party filing such notice, so far as it
is affected by such Force Majeure, shall be suspended
during the continuance of the inability then claimed, but
for no longer period, and such party shall endeavor to
remove or overcome such inability with all reasonable
dispatch. The terms "Force Majeure" as employed herein
shall mean, but without limitation, acts ❑f God, strikes,
lockouts, or other industrial disturbances, acts of
public enemy, war, orders of any kind of the Government
of the United States ❑r the State of Texas ❑r any civil
or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes,
storms, floods, washouts, droughts, arrests, restraint of
government and people, civil disturbances, explosions,
breakage or accidents to machinery, pipelines or canals,
partial or entire failure of water supply and inability
on the part of the CITY to deliver water hereunder, or ❑f
the WHOLESALE CUSTOMER to receive water hereunder, on
account of any other causes not reasonably within the
control of the party claiming such inability. The
settlement of strikes and lockouts shall be entirely
within the discretion of the party having the difficulty,
and the above requirement that any Force Majeure shall be
remedied with all reasonable dispatch shall not require
the settlement of strikes and lockouts as according t❑
the demands ❑f the opposing party or parties when such
course is unfavorable in the judgment of the party having
the difficulty. In the event of a shortage of water, or
the supply of water available to CITY is otherwise
diminished, the supply of water to the WHOLESALE CUSTOMER
shall be reduced or diminished in the same ratio or
proportion as the supply t❑ other customers comparable to
WHOLESALE CUSTOMER is reduced or diminished. WHOLESALE
CUSTOMER shall not be entitled to receive water under
this Contract without making payment for same as required
by this agreement, however, WHOLESALE CUSTOMER shall have
the right to contest a bill for water service in
accordance with the provisions of Sec. 5-1.5 of this
Contract, which action will not affect the delivery of
water by CITY to WHOLESALE CUSTOMER which such dispute is
pending.
Regulatory Agencies
This Contract is subject to such rules and regulations as
may now exist and as may be adopted by the Texas State
Department of Health, State and Federal governmental
agencies, and such ordinances of the CITY OF LUBBOCK that
are passed that affect the rates applicable to all
customers and its water system or other ordinances passed
by the CITY which are necessary for the protection of the
public health, safety or welfare and which ordinances
affect the CITY water system and its customers, and CITY
and WHOLESALE CUSTOMER will collaborate in obtaining such
permits and certificates as may be required to comply
therewith. This Contract is subject to all applicable
federal, state and any applicable ordinances, rules,
July 13, 1989
Page 541
orders, and regulations of any state or federal
governmental authority having or asserting jurisdiction
including, but not limited to, the rate -fixing power of
the Texas Water Commission. However, nothing contained
in this Contract shall be construed as a waiver by any
party to the contract of any right to question or contest
any law, order, rule or regulation which may affect the
terms and conditions of this Contract in any forum having
jurisdiction, and WHOLESALE CUSTOMER and CITY each agree
to make a good faith effort to support proposed laws and
regulations which would be consistent with the
performance of this Contract in accordance with its
terms.
6-3.3,. Miscellaneous Conditions
All the situations, promises, undertakings and Contracts
herein contained by or on behalf ❑f either CITY or
WHOLESALE CUSTOMER shall bind the successors and assigns
of either party, whether so expressed or not; but neither
CITY nor the WHOLESALE CUSTOMER shall have the right to
assign this Contract, or any part thereof except as
hereinafter provided without the written consent of the
other party. WHOLESALE CUSTOMER consents to an
assignment of this Contract by CITY to a water
conservation and reclamation district created under
authority of TEX. CONST. art. XVI, L 59. Either party
may waive any default on the part of the opposite party
affecting any ❑ther provision of the Contract, but a
waiver of any ❑ne default shall not be deemed a waiver of
any other or subsequent default or defaults. No delay by
either party in enforcing any of its rights under this
Contract shall be deemed a waiver of such rights. CITY
and CITY'S agents have made no representation ❑r promises
with respect to the water supply or services except as
herein expressly set forth, and no rights, easements,
entitlements, or licenses are acquired by WHOLESALE
CUSTOMER by implication or otherwise except as expressly
set forth in this Contract.
6-3.4. Notice of Violation
In the event that either the CITY or the WHOLESALE
CUSTOMER should violate any of the terms ❑f Paragraph 6,
hereof the other party shall promptly notify the ❑ther
respective party of the violation. Unless this Contract
provides otherwise, in the event said violation is not
cured within thirty (30) days after the sending ❑f such
notice, the party sending the notice may at its
discretion notify the other party of its intention t❑
declare this Contract forfeited and null and void.
Except as otherwise provided by this Contract, upon
receiving such notice the delinquent party shall have
thirty (30) days to cure said violation prior to final
action by the other party declaring this Contract
forfeited and null and void. Any notice required under
the terms of this Contract shall be in writing and shall
be delivered by certified mail, addressed to the CITY or
the WHOLESALE CUSTOMER. If the default cannot be cured
within the thirty (30) day period, the length ❑f the
period shall be extended for a reasonable period of time,
if the delinquent party commences curing the violation
within the thirty (30) day period and continues the
curing ❑f the violation with due diligence and
continuity.
6-3.5. Title
Title to all water supplied hereunder shall be in the
CITY up to the point of delivery, at which point title
July 13, 1989
Page 542
shall pass to the WHOLESALE CUSTOMER. Each of the
parties hereby agrees to save and hold each other party
hereto harmless from all claims, demands, and causes of
action which may be asserted by anyone on account of the
transportation and delivery of said water while title
remains in such party.
6-4. Term of Contract
The term of this Contract shall be a period of thirty
(30) years from its effective date. WHOLESALE CUSTOMER
is given an option and contract for a like period
provided that at least twenty-four (24) months prior to
the expiration of the initial term of this Contract, CITY
and WHOLESALE CUSTOMER, in good faith begin to negotiate
another contract pertaining to purchase of water from
CITY by WHOLESALE CUSTOMER containing mutually agreeable
terms and conditions. If another contract is not
consummated, CITY shall not terminate service until
WHOLESALE CUSTOMER has had a reasonable time (such time
not to exceed two [2] years), in which to procure
alternate service and this Contract shall remain in force
until WHOLESALE CUSTOMER procures alternative service or
the expiration of two (2) years, which ever event occurs
first.
7. CUMULATIVE REMEDIES
Recognizing that failure in the performance of WHOLESALE
CUSTOMER'S or CITY'S obligations under this Contract
could not be adequately compensated in money damages
alone, WHOLESALE CUSTOMER or CITY agree in the event of
any default on their part that CITY or WHOLESALE CUSTOMER
shall have available to them the equitable remedy of
mandamus and specific performance in addition to any
other legal or equitable remedies (other than termination
except as provided by this Contract) which may also be
available to CITY.
8. PLEDGE OF REVENUES
WHOLESALE CUSTOMER hereby pledges the gross revenues from
WHOLESALE CUSTOMER'S water system to the CITY to pay the
charges due CITY under this Contract, and in the event of
default, the CITY may exercise its rights to such funds
by any available procedure, provided the source of the
funds for WHOLESALE CUSTOMER'S payment to CITY under this
Contract shall not be limited to that source of revenue.
Unless otherwise specifically provided in writing by
subsequent agreement between CITY and WHOLESALE CUSTOMER,
City shall never have the right to demand payment by
WHOLESALE CUSTOMER of any obligation assumed or imposed
on it under and by virtue of this Contract from funds
raised or to be raised by taxation of property.
WHOLESALE CUSTOMER represents and covenants that the
services to be obtained pursuant to this Contract are
essential and necessary to the operation of WHOLESALE
CUSTOMER and its own water facilities, and that all
payments to be made hereunder by it will constitute
reasonable and necessary "operating expenses" of the
WHOLESALE CUSTOMER'S water system, within the meaning of
Article 1113, Vernon's Texas Civil Statutes and any
amendments thereto, if appropriate, and the provisions of
all ordinances authorizing the issuance of all future
bonds of the WHOLESALE CUSTOMER which are payable from
revenues of the WHOLESALE CUSTOMER'S water system shall
recognize and recite this provision. WHOLESALE CUSTOMER
agrees to establish and collect such rates and charges
for its services to be supplied by its system as will
make possible the prompt payment of all expenses of
July 13, 1989
Page 543
operating and maintaining its system including the
payments contracted hereunder, and the prompt payment of
the principal of and interest on its obligations, if any,
payable from the revenues of its water systems.
WHOLESALE CUSTOMER agrees that, in addition to all other
remedies provided herein or at law or in equity, CITY
shall be entitled to a writ of mandamus issued by a court
of competent jurisdiction compelling and requiring
WHOLESALE CUSTOMER to take all actions covenanted herein
and to make prompt payment of the payments contracted to
be made herein and to observe and perform the covenants,
obligations and conditions imposed in this Contract.
The term gross revenues from WHOLESALE CUSTOMER'S water
system as used in this section shall mean all of the
revenues received by WHOLESALE CUSTOMER from the
operation of its water system less all reasonable
operating and maintenance expenses.
9. WAIVER
No failure on the part of either party at any time to
require the performance by the other party of any portion
of this Contract shall in any way affect the innocent
party's right t❑ enforce such provision or any other
provision. Nor shall any waiver by the CITY of any
provision hereof be taken or held to be a waiver of any
other provision hereof or any other breach hereof. No
rights under this Contract may be waived and no
modification or amendment to this Contract may be made
except by written amendment executed by the parties. No
officer or agent ❑f WHOLESALE CUSTOMER ❑r CITY is
authorized to waive or modify any provision of the
Contract. No modifications to ❑r rescission ❑f this
Contract may be made except by a written document signed
by CITY'S and WHOLESALE CUSTOMER'S authorized
representatives.
10. HEADINGS
All headings in this Contract have been inserted for
convenient reference ❑nly and shall not in any manner be
construed as modifying, amending, or affecting in any way
the express terms and provisions hereof.
11. OTHER CHARGES
In the event any sales or use taxes, or taxes ❑r user fee
of any similar nature are imposed on gathering,
impounding, taking, sale, use, or consumption ❑f the
water received by WHOLESALE CUSTOMER from CITY, the
amount of the tax or user fee allocable t❑ WHOLESALE
CUSTOMER shall be borne by WHOLESALE CUSTOMER. Whenever
CITY shall be required to pay, collect, or remit any tax
or user fee ❑n water received by WHOLESALE CUSTOMER, then
the tax ❑r user fee, if not included in the rates under
this Contract, will be added t❑ the charges otherwise
payable to CITY under this Contract and WHOLESALE
CUSTOMER shall promptly pay ❑r reimburse CITY for the tax
❑r user fee in the manner directed by CITY.
12. NOTICES
All notices, payments and communications ("notices")
required or allowed by this Contract shall be in writing
and be given by depositing the notice in the United
States mail postpaid and registered or certified, with
return receipt requested, and addressed t❑ the party t❑
be notified. Notice deposited in the mail in the
previously described manner shall be conclusively deemed
t❑ be effective from and after the expiration ❑f three
July 13, 1989
Page 544
(3) days after the notice is deposited in the mail.
Notice given in any other manner shall be effective only
if and when received by an officer or the designated
representative of the party to be notified. For purposes
of notice, the addresses of the designated
representatives for receipt of notice for each of the
parties shall be shown on the signature pages of this
Contract. Either party may change its address by giving
written notice of the change to the other party at least
fifteen (15) days before the change becomes effective.
13. PLACE OF PERFORMANCE
All amounts due under this Contract, including, but not
limited to, payments due under this Contract or damages
for the breach of this Contract, shall be paid or done in
Lubbock County, Texas, said Lubbock County, Texas, being
the place of performance agreed to be the parties to this
Contract. In the event that any legal proceeding is
brought to enforce this Contract or any provisions
hereof, the same shall be brought in Lubbock County,
Texas.
14. APPLICABLE LAW
This Contract shall be construed under the laws of the
State of Texas and all obligations of the parties
hereunder are performable in Lubbock County, Texas.
WHOLESALE CUSTOMER hereby binds itself, its successors, assigns and
representatives for the faithful and full performance of the terms
and provisions of this Contract.
EXECUTED as of the llth day of July, 1989.
LUBBOCK COUNTY WATER CONTROL
AND IMPROVEMENT DISTRICT NO. 1
BY:Is/ Tommy Fisher
President
ATTEST:
Is Jack Oriser
Secretary
MAILING ADDRESS for notice:
Lubbock County Water Control
and Improvement District No. 1
Buffalo Springs Lake
Rt. 10, Box 4DO
Lubbock, Texas 79404
ACCEPTED AND EXECUTED as of the 13th day of July, 1989.
THE CITY OF LUBBOCK
BY:/s/ B. C. McMinn__
B. C. McMINN, MAYOR
ATTEST:
Zs.L Ranette Boyd
RANETTE BOYD, City Secretary
APPROVED AS TO FORM:
Isl John C. Ross, Jr.
JOHN C. ROSS, JR., City Attorney
July 13, 1989
Page 545
MAILING ADDRESS for notice:
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
EXHIBIT A, B, AND C FILED WITH RESOLUTION #3150
The Agreement for water service to the Lubbock
County Water Control and Improvement District #1
calls for the City to provide water to the
maximum amount of 720,000 gallons per day. The
estimated amount of current demand from the Water
District is approximately 150,000 gallons per day
and the water supply should be adequate until
Buffalo Springs is built out of vacant land.
The price of the water is 81.17% of the high -
volume rate for customers inside the Lubbock city
limits. The high -volume rate is for those
consumers who use over 250,000 gallons of water
per month. The District will pay for all water
consumed, and the Agreement provides for a
payment schedule to level out the increases over
a five to seven year period.
The District will pay in cash the sum of
$45,781.00 as its share of the capital
improvements which include the water line, under
the Agreement.
The Release and Agreement contains an agreement
by the Water District to withdraw the protest
against the City currently before the Water
Commission and to avoid interference in the
current application for the Waste Water Disposal
Permit, also currently before the Texas Water
Commission.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilwoman Trejo to authorize Resolution
#3150 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
89-48A--545- 4 04
(27.) Consider Resolution #3151 ratifying a Pooled Unit
for Texland Petroleum. Inc.
RESOLUTION #3151
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 Ratification of Pooled Unit Texland - LIF Lubheirs Unit No.
7, 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 13th day of July, 1989.
Isl B. C. McMinn
B.C. McMINN, MAYOR
ATTEST:
/s Ranette Boyd
Ranette Boyd, City Secretary
July 13, 1989
Page 546
APPROVED AS TO CONTENT:
/s/ J. Robert Massengale
J. Robert Massengale, Assistant
City Manager
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, Jr.
City Attorney
RATIFICATION OF POOLED UNIT
TEXLAND - LIF LUBHEIRS UNIT NO. 7
STATE OF TEXAS §
COUNTY OF LUBBOCK §
KNOW ALL MEN BY THESE PRESENTS:
THA1' the undersigned owner of an interest in the oil and gas in,
on, under and that may be produced from the following described lands
out of Section 5, Block A, TT RR Co. Survey, Lubbock County, Texas,
at depths from the surface to the base of the Upper Clearfork
Formation, to -wit:
BEGINNING at a point, for the Southwest and beginning corner of
this description, whence the Southwest corner of said Section 5,
bears West, 1089.20 feet and South 00117'10" East, 1885.89;
THENCE North 00017'10" West, 905.74 feet to a point, for the
Northwest corner of this description;
THENCE North 64158'19" East, 1460.29 feet to a point, for the
most Northerly corner of this description;
THENCE South 25105'39" East, 789.90 feet to a point, for a
corner of this description;
THENCE South 00100'21" West, 115.10 feet to a point, for a
corner of this description;
THENCE North 70005'38" West, 359.46 feet to a point, for a
corner of this description;
THENCE South 00017'10" East, 815.49 feet to a point for the
Southeast corner of this description;
THENCE West, 1319.73 feet to the POINT OF BEGINNING, containing
40 acres.
for and in consideration of the sum of One Dollar and other good and
valuiable consideration does hereby approve, ratify and adopt that
certain Declaration of Pooled Unit dated June 12, 1989, and executed
by Texland Peroleum, Inc., recorded at Volume , Page , of the
Real Property Records of Lubbock County, Texas, by which the above
described lands were pooled and combined into a production unit for
the Texland LIF Lubheirs Unit No. 7, pursuant to the provisions of
the oil and gas mining leases which are identified in Exhibit A of
said Declaration of Pooled Unit to the extent that each such lease
covers a portion of the land described hereinabove. Furthermore, the
undersigned does agree that its interests in the above described land
is hereby pooled and combined in accordance with said Declaration of
Pooled Unit and that oil and gas production therefrom shall be
apportioned upon a surface acreage basis as provided in said
Declaration of Pooled Unit and paid to the respective owners of
interests in the various tracts of land within said unit as provided
in the respective Oil and Gas Leases covering such tracts of land.
EXECUTED this 14th day of July, 1989.
CITY OF LUBBOCK
By:/s/ B. C. McMinn
B. C. McMINN, MAYOR
July 13, 1989
Page 547
STATE OF TEXAS §
COUNTY OF LUBBOCK §
Before me, the undersigned authority, a Notary Public in and for
said County, Texas, on this day personally appeared B. C. McMinn,
Mayor, known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same
as the act and deed of the City of Lubbock and as Mayor, for the
purposes and consideration therein expressed and in the capicity
therein stated.
By:/s1 Olivia R. Solis
Notary Public for the State
of Texas
My commission expires
11-30-89.
DECLARATION OF POOLED UNIT
TEXLAND - LIF LUBHEIRES NO. 7 UNIT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
'That the undersigned, being the owners of certain valid and
subsisting Oil, Gas and Mineral Leases listed in Exhibit "A" attached
hereto and made a part hereof for all purposes, covering and
affecting certain contiguous tracts of land in Lubbock County, Texas,
or being the owners of the oil and gas estate under certain tracts of
land as described in Exhibit "A", do, by virtue of the Authority
conferred by the terms of said Oil, Gas and Mineral Leases and all
amendments and corrections thereto, hereby pool, consolidate, combine
and unitize said Oil, Gas and Mineral Leases, and other oil and gas
and royalty interests as to production of oil, gas, distillate,
condensate and other oil and gas substances, from the lands described
in Exhibit "B:, attached hereto and made a part hereof for all
purposes (which lands are hereinafter referred to as Unit Acreage),
and do hereby pool, consolidate, combine and unitize the royalties,
working interests, overriding royalties, production payments, mineral
interests, and other interests pertaining to said leases and/or Unit
Acreage and the production therefrom insofar, and only insofar, as
said Leases and other interests cover and include the oil and gas
rights as hereinafter defined in and under such Unit Acreage, to form
an operation production unit known as the LIF - Lubheirs No. 7 Unit
(Hereinafter referred to as "Unit"), containing a total called
acreage of 40.00 acres, more or less, as described in Exhibit "B for
the production from the Unit of oil, gas, distillate, condensate and
other oil and gas substances from a well or wells on said Unit. A
"well" as used herein means an oil or gas well so classified by the
rules and regulations of the Railroad Commission of Texas and this
Unit includes all production that is produced from any oil or gas
well located on the Unit Acreage.
The production of such oil, gas, distillate, condensate and
other oil and gas substances from an oil or gas well on any part of
said Unit Acreage shall constitute production of such products from
all of the leases or lands contained in such Unit. Drilling or
reworking operations or other operations conducted on said lands or
leases within such Unit for the production of oil, gas, distillate,
condensate and other oil and gas substances covered by this
Declaration of Pooled Unit shall constitute such operations for the
production of oil, gas, distillate, condensate and other oil and gas
substances on all lands and leases incuded within the Unit.
All oil, gas, distillate, condensate and other oil and gas
substances produced from any oil or gas well in such Unit shall be
allocated proportionately among all of the tracts within such Unit in
the proportion that the number of surface acres in each of such
tracts which are included in the Unit bears to the total number of
surface acres in such Unit, and the share of production to which each
July 13, 1989
Page 548
interest owner is entitled shall be computed on the basis of such
owner's respective interest in each tract within the Unit.
It is the intention of the undersigned to include, and they do
hereby incude, in said Unit all oil and gas leases and other oil and
gas rights or royalty interests which the undersigned now owns
covering the said Unit and any additional oil and gas lease or
leases, or oil and gas rights or royalty interest which may be
hereinafter acquired by the undersigned, covering all or any part of
the Unit during the time said Unit remains effective.
This Unit shall remain in effect for 180 days and as long
thereafter as (1) there is a well on said Unit producing or capable
of producing substances, or (2) operations for drilling or reworking
are conducted thereon with no cessation of more than 180 consecutive
days
This Unit shall become effective when approved by the City
Council for the City of Lubbock pursuant to the terms of the Oil and
Gas Drilling Ordinance for the City of Lubbock (Ch. 14, Art. VI).
Notwithstanding anything in this Declaration to the contrary, the
Unit herein created shall be controlled by the terms and provisions
of the Lubbock City Drilling Ordinance, being Chapter 14, Article VI,
of the Code of Ordinances for the City of Lubbock.
This instrument may be ratified in separate instruments by any
party who owns an interest in the oil and gas in the Unit Area and
shall be binding upon each party who executes such a separate
ratification.
IN WITNESS WHEREOF this instrument is executed this 12th day of
June;, 19819.
ATTEST: TEXLAND PETROLEUM, INC.
/s/ Susan Brooks
Susan Brooks, Secretary
STATE: OF TEXAS §
COUNTY OF TARRANT §
/s/ R. J. Schumacher
R. J. Schumacher, President
This instrument was acknowledged before me this 12th day of
June„ 1989, by R. J. Schumacher, President of Texland Petroleu, Inc.,
a Texas corporation, on behalf of said corporation.
/s/ Maroaret L. Nettleton
Notary Public for the State
of Texas
My Commission expires
8-13-90.
EXHIBIT A
to
DECLARATION OF POOLED UNIT
TEXLAND-LIF LUBHEIRS NO. 7 UNIT
The following Oil and Gas Leases and/or Mineral Interest are subject
to this declaration of pooling insofar, and only insofar, as said
lease covers the lands described in Exhibit B of this document.
Oil and Gas Leases
Texl and - L# 1749A
Date: August 3, 1983
Lessor: Lubheirs, Inc.
Lessee: Young Land and Exploration, Inc.
Recording: Volume 54, Page 73, OGL Records,
Lubbock County, Texas
July 13, 1989
Page 549
Texland - L# 1749B
Date: December 13, 1984
Lessor: The City of Lubbock
Lessee: Texland Petroleum, Inc.
Recording: Volume 55, Page 685, OGL Records,
Lubbock County, Texas
Texland - L# 1749B
Date: April 19, 1989
Lessor: Grinnell Corporation
Lessee: Texland Petroleum, Inc.
Recording: Volume 3086, Page 218, Official Real
Property Records, Lubbock County, Texas
EXHIBIT B
to
DECLARATION OF POOLED UNIT
TEXLAND-LIF LUBHEIRS NO. 7 UNIT
The following lands out of Section 5, Block A, Lubbock County, Texas,
are b,y this document pooled and combined from the surface to the base
of the Upper Clearfork Formation thereunder into a production unit
known as the Texland-LIF Lubheirs Unit No. 7.
BEGINNING AT A POINT, for the Southwest and beginning corner of this
description, whence the Southwest corner of said Section 5, bears
West, 1089.20 feet and South 00017'10" East, 1885.89 feet;
THENCE North 00117'10" West, 905.74 feet to a point, for the
Northwest corner of this description;
THENCE North 64058'19" East, 1460.29 feet to a point, for the most
Northerly corner of this description;
THENCE South 25005'39" East, 789.90 feet to a point, for a corner of
this description;
THENCE South 00000'21" West, 115.10 feet to a point for a corner of
this description;
THENCE North 70005'38" West, 359.46 feet to a point, for a corner of
this description;
THENCE: South OD°17'10" East, 815.49 feet to a point, for the
Southeast corner of this description;
THENCE: West, 1319.73 feet to the POINT OF BEGINNING, containing 40.0
acres„
According to Staff Memo, Texland recently
completed the Lubheirs #7 and included within the
40-acre pooled unit was an 8.4 acre Lease from
Grinnell Corporation covering Lot 1 of the Allen
Industrial Park. Texland executed a Declaration
of a Pooled Unit pooling the Grinnell Lease
Lubheirs and the City of Lubbock leases.
The City of Lubbock Lease does not grant pooling
authority; therefore, it is necessary for the
City to ratify the pool unit by having the Mayor
execute the Ratification of Pooled Unit.
Staff recommended approval of this Resolution.
Motion was made by Councilman Patterson, seconded
by Councilman Phillips to authorize Resolution #
3151 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
July 13, 1989
Page 550
89-48A-550-405
(28.)
Consider Resolution #3152 authorizing the Mayor
t❑ execute an Assignment of the Software
Maintenance Contract with Command Data Systems to
US West. Inc.
RESOLUTION #3152
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of
Lubbock an assignment of a contract by and between the City of
Lubbock and Command Data Systems to US West, Inc., attached herewith,
which shall be spread upon the minutes of the Council and as spread
upon the minutes of this Council shall constitute and be a part of
this Resolution as if fully copied herein in detail.
Passed by the City Council this 13th day of July, 1989.
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ B. C. McMinn
B.C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Thomas A. Martin /s/ John C. Ross, Jr.
Thomas A. Martin, Manager of John C. Ross, Jr.
Information Services City Attorney
CONSENT
The undersigned hereby consents to the assignment to US West,
Inc. or any of its affiliates or subsidiaries of all of the rights
and obligations of Command Data Systems subsequent to .tune 30, 1989
under the undersigned's contract(s) with Command Data Systems:
ATTES17:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s Thomas A. Martin
Thomas A. Martin, Manager ❑f
Information Services
/s B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, Jr.,
City Attorney
According to Staff memo, since October, 1985, the
City has had a Contract with Command Data Systems
to provide the software for the Computer Assisted
Dispatch and Police Records systems. As ❑f July
1, 1989, Command Data Systems was bought by US
West, Inc., the company formerly known as
Mountain Bell. This assignment transfers the
City's contractual relationship to US West.
Staff recommended approval of the Assignment of
Contract.
Motion was made by Councilman Patterson, seconded
by Councilman Phillips to authorize Resolution
#3152 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
July 13, 1989
Page 551
89-48A-551- 406
(29.)
Resolution #3153 by the City Council of the City
of Lubbock Texas relating t❑ the issuance and
sale of $7,445,000 "City of Lubbock Texas
General Obligation Bonds Series 1989" and
3,800,000 "City of Lubbock, _Texas, Certificates
of Obligation, Series 1989" including the
approval and distribution of a Notice of Sale and_
an Official Statement.
RESOLUTION #3153
WHEREAS, a Notice of Sale and an Official Statement have been
prepared by First Southwest Company, the financial advisor for the
City of Lubbock, Texas (the "City"), in connection with the issuance
and sale of $7,445,000 "CITY OF LUBBOCK, TEXAS, GENERAL OBLIGATION
BONDS„ SERIES 1989" AND $3,800,000 "CITY OF LUBBOCK, TEXAS,
CERTIFICATES OF OBLIGATION, SERIES 1989". The Notice of Sale and
Official Statement has been submitted to the Council and staff of the
City for review and comments; and
'WHEREAS, the Council hereby finds and determines that the
information, and data contained in such Official Statement pertaining
to the City and its financial affairs is true and correct in all
material respects and no material facts have been omitted therefrom
which are necessary to make the statements therein, in the light of
the circumstances under which they were made, not misleading; and
'WHEREAS, the Council further finds and determines that the
aforesaid documents pertaining to the sale of such obligations should
be approved and authorization should be given to the City's financial
advisor to proceed with the distribution of such documents for the
purpose of soliciting bids for the purchase of said obligations; now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
:SECTION 1: That the Notice of Sale and the Official Statement
prepared in connection with the issuance and sale of $7,445,000 "CITY
OF LUBBOCK, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1989" and
$3,800,0O0 "CITY OF LUBBOCK, TEXAS, CERTIFICATES OF OBLIGATION,
SERIES 1989" is hereby approved, such document being on file in the
office of the City Secretary and incorporated herein by reference as
a part: of this resolution for all purposes.
SECTION 2: That the City's financial advisor is hereby
authorized and directed to proceed with the mailing and distribution
of said Notice of Sale and Official Statement for purposes of
soliciting bids for the purchase of said obligations.
PASSED AND APPROVED, this the 13th day of July, 19B9.
Is1 B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranett:e Boyd, City Secretary
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter to authorize Resolution
#3153 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
July 13, 1989
Page 552
89-48A-552-407
(30.)
execution oT a
in relation to
General Obliga
resolving othe
RESOLUTION #3154
Agent/Registrar Agreement"
ty of Lubbock, Texas,
ds, Series 1989" and
s incident and related
WHEREAS, on this date the City Council of the City of Lubbock,
Texas, authorized the issuance of "City of Lubbock, Texas, General
Obligation Bonds, Series 1989", in the principal amount of $7,445,000
(the "Securities"); such securities to be issued in fully registered
form only.; and
WHEREAS, in relation to payment, registration, transfer and
exchange of said Securities, the Paying Agent/Registrar selected
therefor is Texas Commerce Bank National Association, Lubbock, Texas;
and
WHEREAS, a "Paying Agent/Registrar Agreement" by and between the
City and said Bank has been prepared and submitted to the City
Council for approval and execution, such Agreement, setting forth the
duties and responsibilities of the Paying Agent/Registrar for such
Securities, being attached hereto as Exhibit A and incorporated
herein by reference as a part of this Resolution for all purposes;
and
WHEREAS, the City Council hereby finds and determines that such
"Paying Agent/Registrar Agreement" should be approved and execution
of same for and on behalf of the City authorized; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK that
the "Paying Agent/Registrar Agreement" by and between the City and
Texas Commerce Bank National Association, Lubbock, Texas relating to
the above described Securities, attached hereto as Exhibit A, is
hereby approved as to form and content, and the Mayor and City
Secretary of the City are hereby authorized and directed to execute
such Agreement in substantially the same form and content herein
approved for and on behalf of the City and as the act and deed of
this City Council.
PASSED AND APPROVED, this 13th day of July, 1989.
CITY OF LUBBOCK, TEXAS
Is1 B. C. McMinn _
B. C. McMINN, MAYOR
ATTEST:
Isl Ranette Boyd
Ranette Boyd, City Secretary
PAYING AGENTIREGISTRAR AGREEMENT FILED WITH RESOLUTION #3154
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Phillips to authorize Resolution
#3154 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
July 13, 1989
Page 553
89-48A-553- 408
(31.) Resolution #3155 approving and authorizing the
execution of a "Paying Agent/Registrar Agreement"
in relation to the "City of Lubbock, Texas,
Certificates of Obligation, Series 1989" and
resolving other matters incident and related
thereto.
RESOLUTION #3155
WHEREAS, on this date the City Council of the City of Lubbock,
Texas, authorized the issuance of "City of Lubbock, Texas,
Certificates of Obligation, Series 1989", in the principal amount of
$3,800,000 (the "Securities"); such securities t❑ be issued in fully
registered form ❑nly; and
WHEREAS, in relation to payment, registration, transfer and
exchange of said Securities, the Paying Agent/Registrar selected
therefor is Texas Commerce Bank National Association, Lubbock, Texas;
and
WHEREAS, a "Paying Agent/Registrar Agreement" by and between the
City and said Bank has been prepared and submitted to the City
Council for approval and execution, such Agreement, setting forth the
duties and responsibilities of the Paying Agent/Registrar for such
Securities, being attached hereto as Exhibit A and incorporated
herein by reference as a part of this Resolution for all purposes:
and
WHEREAS, the City Council hereby finds and determines that such
"Paying Agent/Registrar Agreement" should be approved and execution
of same for and ❑n behalf of the City authorized; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK that
the "Paying Agent/Registrar Agreement" by and between the City and
Texas Commerce Bank National Association, Lubbock, Texas relating to
the above described Securities, attached hereto as Exhibit A, is
hereby approved as to form and content, and the Mayor and City
Secretary of the City are hereby authorized and directed t❑ execute
such Agreement in substantially the same form and content herein
approved for and on behalf of the City and as the act and deed of
this City Council.
PASSED AND APPROVED, this 13th day of July, 1989.
CITY OF LUBBOCK, TEXAS
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
PAYING AGENTIREGISTRAR AGREEMENT FILED WITH RESOLUTION #3155
Motion was made by Councilman Carpenter, seconded
by Councilwoman Trej❑ to authorize Resolution
#3155 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
July 13, 1989
Page 554
89-48A-554- 409
(32.) Consider Ordinance
ft9z9z au
Tomas,
: snecif
neral m i gatlon
features of said bonds; levying a continuing
direct annual ad valorem tax for the payment of
said bonds; and resolving other matters incident
ss
livery ❑t said bonds, including the appr
d distribution of an Official Statement
rtaininq thereto; and providing an effec
ORDINANCE #9292
AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF LUBBOCK,
TEXAS, GENERAL OBLIGATION BONDS, SERIES 1989"; SPECIFYING THE TERMS
AND FEATURES OF SAID BONDS; LEVYING A CONTINUING DIRECT ANNUAL AD
VALOREM TAX FOR THE PAYMENT OF SAID BONDS; AND RESOLVING OTHER
MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, PAYMENT AND
DELIVERY OF SAID BONDS, INCLUDING THE APPROVAL AND DISTRIBUTION OF AN
OFFICIAL STATEMENT PERTAINING THERETO; AND PROVIDING AN EFFECTIVE
DATE.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Patterson to pass on first reading
Ordinance #9292 as recommended by Staff. Motion
carried: 7 Yeas; O Nays.
89 -48A-554 - 4 10
(33.) Consider Ordinance #9293 authorizing the issuan
of "City of Lubbock Texas Certificates of
Obligation, Series 1989"; levying an ad valorem
tax upon all taxable property in the City for
payment of said Certificates• specifying the
terms and features of such Certificates and
resolving ❑ther matters incident and related to
the issuance, sale, security, payment and
delivery of said Certificates, including the
approval and distribution_ of an Official_
Statement relating thereto; and providing an
effective date.
ORDINANCE #9293
AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF
LUBBOCK, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 198911; LEVYING AN
AD VALOREM TAX UPON ALL TAXABLE PROPERTY IN THE CITY FOR THE PAYMENT
OF SAID CERTIFICATES; SPECIFYING THE TERMS AND FEATURES OF SUCH
CERTIFICATES AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE
ISSUANCE, SALE, SECURITY, PAYMENT AND DELIVERY OF SAID CERTIFICATES,
INCLUDING THE APPROVAL OF AN OFFICIAL STATEMENT RELATING THERETO; AND
PROVIDING AN EFFECTIVE DATE.
The preceding items are the routine Resolutions
and Ordinances necessary for the issuance of
bonds and they include approval and distribution
❑f a Notice ❑f Sale and an Official Statement,
approval of "Paying Agent/Registrar Agreements"
and Ordinances authorizing the issuance of
$7,445,000 General Obligation Bonds and
$3,800,000 of Certificates of Obligation.
This was the first reading of the Ordinances, and
the second reading by Council will be July 27,
1989. This will allow opening of bids and
setting of the interest rate on August 10, 1989.
July 13, 1989
Page 555
Motion was made by Councilwoman Trejo, seconded
by Councilman Carpenter to pass on first reading
Ordinance #9293 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
89-48A-555.411
(34.) BID #10218A--Door units (Community Development).
A-1 Home Improvement--1 32X80X1-3/4 door and
hardware w/installation; 1 36X80X1-3/4 door and
hardware w/installation; 1 32X80X1-34 pre -hung
unit and hardware w/trim & installation; 1
36X80X1-3/4 pre -hung unit and hardware w/trim &
installation; 1 32X80X1-4/8 door and hardware
w/installation; 1 36X80X1-3/8 door and hardware
w/installation.
Motion was made by Councilman Carpenter, seconded
by Councilman Phillips to authorize low bid
meeting specifications. Motion carried: 7 Yeas;
0 Nays.
89-48A-555-412
(35.) BID #10234--Senior Citizen Center remodeling and
authorize same (Parks and Recreation).
RESOLUTION #3156
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of
Lubbock a Contract by and between the City of Lubbock and Mize
Engineering & Development for the Senior Citizen Center remodeling,
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 13th day of July, 1989.
ATTEST:
/s/ Ranette Boyd
Ranet:te Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Gene Eads
Gene Eads, Purchasing Manager
CONTRACT
STATE: OF TEXAS
COUNTY OF LUBBOCK
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant
City Attorney
THIS AGREEMENT, made and entered into this 25th day of May,
1989 by and between the City of Lubbock, County of Lubbock, State of
Texan, acting by and through B.C. McMinn, Mayor, thereunto authorized
to do so, hereinafter referred to as OWNER, and Mize Engineering &
Development, Inc., of the City of Lubbock, County of Lubbock, and the
State of Texas, hereinafter termed CONTRACTOR.
July 13, 1989
Page 556
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. 10234 - SENIOR CITIZEN CENTER REMODELING FOR THE AMOUNT OF
$50,850.00
and all extra work in connection therewith, under the terms as stated
in the contract documents and at his (or their) own proper cost and
expense to furnish all materials, supplies, machinery, equipment,
tools, superintendence, labor, insurance and other accessories and
services necessary to complete the said construction in accordance
with the contract documents as defined in the General Condition of
Agreement.
The CONTRACTOR hereby agrees to commence work within ten days
after the date written notice to 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:
Is1 Ranette Boyd
Secretary
APPROVED AS TO CONTENT:
s Jerr-y Smith
ATTEST:
Secretary
COMPLETE ADDRESS:
Mize Engineering & Development, Inc.
P.O. Box 64882
Lubbock, Texas 79464
CITY OF LUBBOCK, TEXAS (OWNER)
Is/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Harold Dillard
MIZE ENGINEERING & DEVELOPMENT
INC. - CONTRACTOR
By:
TITLE: President
Mize Engineering & Development, Inc.
Motion was made by Councilman Carpenter, seconded
by Councilman Phillips to authorize Resolution
#3156 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
July 13, 1989
Page 557
89-48A-557-413
(36.) BID #10216--T-shirts Parks and Recreation),
Shirt World--4,536 t-shirt, short -sleeve, crew -
neck; 1,164 t-shirt, long -sleeve, crew -neck.
Motion was made by Councilman Carpenter, seconded
by Councilman Phillips to authorize low bid
meeting specifications. Motion carried: 7 Yeas;
0 Nays.
89-48A-557-4I4
(37.) BID #10184--ACM Abatement at Municipal Square,
and authorize same(Building Maintenance)-.
RESOLUTION #3157
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 ❑f Lubbock and Southwest
Abatement, Inc. for ACM Abatement at Municipal Square, attached
herewith, ::hich 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 13th day ❑f July, 1989.
ATTEST:
Is Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Is Gene Eads
Gene Eads, Purchasing Manager
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
s B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
s Harold Willard
Harold Willard, Assistant
City Attorney
THIS AGREEMENT, made and entered int❑ this 25th day of May,
1989 by and between the City of Lubbock, County ❑f Lubbock, State of
Texas„ acting by and through B.C. McMinn, Mayor, thereunto authorized
t❑ do so, hereinafter referred to as OWNER, and Southwest Abatement,
Inc. of the City ❑f Lubbock, County of Lubbock, and the State ❑f
Texas„ hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration ❑f the payments and
agreements hereinafter mentioned, t❑ 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 ❑f certain improvements
descriibed as follows:
BID NO. 10184 - ACM ABATEMENT AT MUNICIPAL SQUARE FOR THE AMOUNT OF
$29,400.00
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
July 13, 1989
Page 558
services necessary to complete the said construction in accordance
with the contract documents as defined in the General Condition of
Agreement.
The CONTRACTOR hereby agrees to commence work within ten days
after the date written notice to 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
APPROVED AS TO CONTENT:
s Gene Eads
Gene Eads, Purchasing
Manager
ATTEST:
Secretary
COMPLETE ADDRESS:
SOUTHWEST ABATEMENT, INC.
4200 Broadway
Albuquerque, N.M. 87105
89-48A-558 -415
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant
City Attorney
CONTRACTOR:
/5
Vice President
Southwest Abatement, Inc., Albuquerque, NM.
Motion was made by Councilman Carpenter, seconded
by Councilman Phillips to authorize Resolution
#3157 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
(38.) BID #10235--1988 Assessment Paving Program, and
authorize same (Streets).
RESOLUTION #3158
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 Williams &
Peters Construction Company, Inc. for the 1988 Assessment Paving
Program, 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.
July 13, 1989
Page 559
Passed by the City Council this 13th day of July, 1989.
ATTEST:
/s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/Gene Eads
Gene Eads„ Purchasing Manager
CONTRACT
STATE: OF TEXAS
COUNTY OF LUBBOCK
s B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant
THIS AGREEMENT, made and entered into this 25th day of May,
1989 by and between the City of Lubbock, County of Lubbock, State of
Texas, acting by and through B.C. McMinn, Mayor, thereunt❑ authorized
to do so, hereinafter referred to as OWNER, and Williams & Peters
Construction Co., Inc., of the City of Lubbock, County of Lubbock,
and the State of Texas, hereinafter termed CONTRACTOR.
WITNE:SSETH: 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. 10235 - 1988 ASSESSMENT PAVING PROGRAM FOR THE AMOUNT OF
$1,025,227.65
and all extra work in connection therewith, under the terms as stated
in the contract documents and at his (or their) own proper cost and
expense to furnish all materials, supplies, machinery, equipment,
tools,, superintendence, labor, insurance and other accessories and
services necessary to complete the said construction in accordance
with the contract documents as defined in the General Condition of
Agreement.
The CONTRACTOR hereby agrees to commence work within ten days
after the date written notice to d❑ so shall have been given to him
and to substantially complete same within the time specified in the
contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment on account thereof as provided
therein.
IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in Lubbock, Lubbock County, Texas in the year and day
first above written.
ATTEST:
/s/ Ranette Boyd
Secretary
APPROVED AS TO CONTENT:
/s/ Jerry Smith
CITY OF LUBBOCK, TEXAS (OWNER)
s B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s Harold Willard
July 13, 1989
Page 560
ATTEST:
Secretary
COMPLETE ADDRESS:
WILLIAMS & PETERS
P.O. Box 5215
WILLIAMS & PETERS CONSTRUCTION
CO., INC. - CONTRACTOR
By: Isl
TITLE: President
CONSTRUCTION CO., INC.
Lubbock, Texas 79417
89-48A-560 -416
(39.)
Williams & Peters Construction Co. --Alternate 1 -
Paving construction; Alternate 2 - Preformed
pavement marking.
Motion was made by Councilman Carpenter, seconded
by Councilman Phillips to authorize Resolution
#3158 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
BID #10179--Miscellaneous fire equipment (Central
Fire Station).
Koetter Fire Protection, Houston--12 Scott air
packs.
Casco Industries, Channelview--4 4" M x M
adapters; 4 4" F x F adapters; 2 1-112" F x F
adapters; 3 1-112 M x M adapter (awarded tie
bid); 2 1-112" F x F adapter; 9 1-314" Hardline
nozzle; 3 1" Hardline nozzle; 8 2-112F x 1-112 M
adapter.
Halprin Fire Equipment Co., Los Angeles, CA--2 2-
112 x 1-112 WYES; 12 personal distress alarms; 10
smoke cutter flashlight; 4 salvage covers; 4
Hydrant WYES; 2 1-112" M x M adapters; 3 1-314"
nozzle; 7 1-314" Hardline nozzle.
Daco Fire Safety Equipment--4 6" hose clamp.
Motion was made by Councilman Carpenter, seconded
by Councilman Phillips to authorize low bids
meeting specifications and awarding tie bid to
Casco Industries for 3 1-112 M x M adapters.
Motion carried: 7 Yeas; 0 Nays.
89-48A,-560- 417
(40.) BID #10231--Annual fuse bid Central Warehouse).
Westinghouse Electric Supply--25 200 AMP
loadbreak cutout; 10 300 AMP deadblade; 250 9KV
arrester; 20 15 AMP fuse, 250Vt.; 30 20 AMP fuse,
250Vt.; 125 30 AMP fuse, 250Vt.; 50 60 AMP fuse,
250Vt.; 100 fuse on knob; 10 8 limiter tap
assembly.
Fields & Co.--10 plug fuse, S15, 125Vt.; 10 plug
fuse, S20, 125Vt.; 2,000 plug fuse, T30, 125Vt.;
25 plug fuse, S30, 125 Vt.; 10 plug fuse, T20,
125Vt.; 10 plug fuse, T10, 125Vt.
Nelson Electric Supply--25 2 AMP fuse link.
July 13, 1989
Page 561
Southwestern Electric Supply--1,700 fuse, 10A,
600V; 10 200 AMP limiter link; 20 100 AMP fuse,
250Vt.; 10 Non 200 fuse, 250Vt.; 50 NOS 30 fuse,
600Vt.; 20 NOS 60 fuse, 600Vt.; 50 NOS 100 fuse,
600Vt.; 60 FRN 45 fuse, dual -element; 70 FRN 60
fuse, dual -element; 50 FRS 15 fuse, dual -element;
20 FRS 20 fuse, dual -element; 40 FRS 25 fuse,
dual -element; 10 FRS 125, dual -element; 10 TR
600R fuse; 10 TR 400R fuse; 10 4 limiter tap
assembly; 10 FRS 70 fuse; 600Vt.
Temple, Inc.--200 100 AMP cutout, 7.8KV; 10 door
for 100 AMP cutout; 10 200 AMP 15KV cutout; 200
expandable cap for 100 AMP cutout; 10 expandable
cap for 200 AMP cutout; 10 600 AMP underarm
disconnect; 10 200 AMP cutout door; 200
combination cutout/L.A. 7.8KV 100 AMP; 10
secondary arrester; 10 40 AMP secondary fuse; 10
60 AMP secondary fuse; 10 100 AMP secondary fuse;
10 200 AMP secondary fuse; 10 20 AMP secondary
fuse; 700 6 AMP fuse link; 125 10 AMP fuse link;
200 15 AMP fuse link; 150 25 AMP fuse link; 300
40 AMP fuse link; 200 65 AMP fuse link; 75 80 AMP
fuse link; 60 100 AMP fuse link; 25 140 AMP fuse
link; 10 200 AMP fuse link; 25 50 AMP fuse link;
10 15 AMP capacitor fuse; 10 25 AMP capacitor
fuse.
Nunn Electric Supply Carp.--20 10 AMP fuse,
250Vt.; 10 FRS 90 fuse, 600Vt.; 10 FRN 90 fuse,
250Vt.; 10 FRN 90 fuse, 600Vt.; 10 NON 3 fuse,
250Vt.; 10 NON 6 fuse, 250Vt.; 10 FRS 35 fuse,
dual -element; 15 FRS 40 fuse, dual -element; 10
FRS 9 fuse, dual -element; 20 FRS 10 fuse, 600Vt.;
10 FRS 50 fuse, dual -element; 40 FRN 30 fuse,
600Vt.
Motion was made by Councilman Carpenter, seconded
by Councilman Phillips to authorize low bids
meeting specifications. Motion carried: 7 Yeas;
0 Nays.
89-48A-561- 418
(41.) BID #10242--Annual bid for hot -cold mix
(Streets).
Williams & Peters Construction--600 Tn. cold mix.
Kerr Construction--600 Tn. Type C hot mix; 600
Tn. Type D hot mix.
Motion was made by Councilman Carpenter, seconded
by Councilman Phillips to authorize low bids
meeting specifications. Motion carried: 7 Yeas;
0 Nays.
89-48A-561- 419
(42.) BID #10243--Annual bid for concrete (Streets).
Cement & Supply Co.--200 30" curb & gutter exp.
joint; 300 cy. Class A 5-1/2 sack concrete; 300
cy. Class B High Early concrete; 300 cy. Class B
calcium chloride concrete; 200 cy. 3500 PSI, 5-
112 sack concrete; 600 cy. Class C High Early;
200 cy. Class C 4-112 sack concrete; 100 cy.
Class C 4-1/2 sack concrete; 100 cy. Class C Hi -
Early concrete; 200 cy. Class C. calcium chloride
concrete; 200 cy. Class A 6 sack concrete; 200
cy. Class A Hi -Early concrete; 100 cy. Class
July 13, 1989
Page 562
calcium chloride concrete; 50 fl. clear membrane
curing compound.
Lubbock Building Products--200 ft. 112 x 3
expansion joint; 200 ft. 112 x 3-1/2 expansion
joint; 200 ft. 112 x 4 expansion joint; 200 ft.
1/2 x 6 expansion joint; 300 cy. Class B 5 sack
concrete; 50 gl. Thompson water seal (tie bid on
all items above); 300 cy. ground stabilizer.
Motion was made by Councilman Carpenter, seconded
by Councilman Phillips to authorize low bids
meeting specifications and awarding tie bids to
Lubbock Building Products for 200 ft. 112 x 3
expansion joint; 200 ft. 1/2 x 3-1/2 expansion
joint; 200 ft. 112 x 4 expansion joint; 200 ft.
112 x 6 expansion joint; 300 cy. Class B 5 sack
concrete; and 50 gl. Thompson water seal. Motion
carried: 7 Yeas; 0 Nays.
89-48A-562- 420
(43.) BID #10240--Annual battery bid (Garage Parts).
Texas Battery Co., Inc.--12 Battery Group 71; 20
Battery 12-30L.
Lubbock Auto Supply--10 Battery 22NF.
Douglas Battery Dist.--100 Battery 31GC; 15
Battery 30H; 80 Battery 24F; 12 Battery Group
40LT; 20 Battery 8D; 20 4D Batteries; 20 Battery
3EH180; 12 Battery 12F; 12 Battery No. fit; 60
Battery Group 64 Ford Car.; 60 Battery 29N Group;
50 Battery 74 12 Volt;
Motion was made by Councilman Carpenter, seconded
by Councilman Phillips to authorize low bid
meeting specifications. Motion carried: 7 Yeas;
0 Nays.
89-48A-562- 421
(10.) Zone Case #2635 located 910 Slaton Highway) —
Request of D.L. "Sonny" Keesee for zoning chan
from M-1 to M-1 Specific Use for a community
based residential center certified by the Texa
Board of Pardons & Paroles) ❑n Lots 3 and 4, P
Ex Addition. and consider ordinance.
Mayor McMinn announced that, at the last meeting
of the Planning and Zoning Commission, Mr. Keesee
requested the PR Commission to hold his zone
change request until the August Planning and
Zoning Commission hearing. The City Attorney
ruled that there being no recommendation from the
Planning and Zoning Commission, it was necessary
that the City Council not hear, but continue this
request.
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter to continue Mr. Keesee's
request until the August 24, 1989 City Council
meeting. Motion carried: 7 Yeas; 0 Nays.
July 13, 1989
Page 563
(44.) Hold an Executive Session on
discuss appointments to:
Lubbock Citizens Traffic Commission
Committee for Women
Lubbock Industrial Development Corporation
Canadian River Municipal Water Authority
Electric Utilities Board
Zoning Board of Adjustment
89-48A-563- 422
(45.) Consider three appointments to the Lubbock
Citizens Traffic Commission. The terms of
Durward Mahon, Danny McLarty, and Mike Johnson
will expire July 13, 1989.
Motion was made by Councilman Phillips, seconded
by Councilman Patterson to reappoint Mike Johnson
and appoint Dennis Dillon to replace Durward
Mahon and Mark McDougal to replace Danny McClarty
on the Lubbock Citizens Traffic Commission.
Motion carried: 7 Yeas; 0 Nays.
89-48A-563-433
(46.) Consider one appointment to the Committee for
Women to fill the unexpired term of Ann (Crier.
Her term expires June 19 1991.
Motion was made by Councilman Phillips, seconded
by Councilwoman Trejo to appoint Michelle Gilmore
to fill the unexpired term of Ann (Crier on the
Committee for Women. Motion carried: 7 Yeas; 0
Days.
89-48A-563-434
(47.) Consider one appointment to the Industrial
Development Corporation. The term of George
Miller will expire on July 24, 1989.
Motion was made by Councilman Phillips, seconded
by Councilwoman Trejo to reappoint George Miller
to the Lubbock Industrial Development
Corporation. Motion carried: 7 Yeas; 0 Days.
89-48A-563-435
(48.) Consider one appointment to the Canadian River
Municipal Water Authority. The term of Warlick
Carr will expire on July 31, 1989.
RESOLUTION #3159
WHEREAS, the City Council of this City heretofore elected
Warlick Carr as a member of the Board of Directors of the Canadian
River Municipal Water Authority for the term ending July 31, 1989,
pursuant to the provisions of Chapter 243 of the Laws passed by the
Regular Session of the Texas Legislature in 1953, and,
WHEREAS, such office has now become vacant by reason of term
ending, and,
July 13, 1989
Page 564
WHEREAS, in the performance ❑f its duty to d❑ so under said Law,
this City Council desires t❑ officially elect a person qualified to
fill the vacancy occasioned as aforesaid, therefore,
BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
1. That Warlick Carr, a qualified voter and a property owning
taxpayer of the City of Lubbock who is not a member of the governing
body or an employee of said City, be and is hereby elected to the
Board of Directors of the CANADIAN RIVER MUNICIPAL WATER AUTHORITY
for the term beginning July 31, 1989 and ending July 31, 1991.
2. The director elected as aforesaid shall be certified t❑ the
Board of Directors of the CANADIAN RIVER MUNICIPAL WATER AUTHORITY by
the Mayor of this City and shall otherwise qualify in the manner
prescribed by the above mentioned Law relating to said Authority.
PASSED AND APPROVED, this the 13th day ❑f July, 1989.
/s B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
THE STATE OF TEXAS
CITY OF LUBBOCK
CDUNTY OF LUBBOCK
I, the undersigned, City Secretary of the City of Lubbock,
Texas, do hereby certifiy that the above and foregoing is a true and
correct copy of a resolution of the City Council of said City passed
and adopted on the 13th day of July, 1989, as same appears of record
in Book 48A, Page et seq., of the Minutes of said City Council.
WITNESS MY HAND AND SEAL OF THE CITY OF LUBBOCK, TEXAS, this the
1Bth day of July, 1989.
DIRECTOR'S OATH
THE STATE OF TEXAS
COUNTY OF LUBBOCK
s Ranette Boyd
Ranette Boyd,
Secretary, City of Lubbock
I, Warlick Carr, DO SOLEMNLY SWEAR that I will faithfully
execute the duties of the office of Director of the CANADIAN RIVER
MUNICIPAL WATER AUTHORITY, and will t❑ the best of my ability
preserve, protect and defend the Constituion and Laws of the United
States and of this State, and I FURTHER SOLEMNLY SWEAR that I have
not directly nor indirectly paid, offered or promised t❑ pay,
contributed, no promised to contribute any money, or valuable thing,
or promised any public office or employment as a reward to secure my
appointment, and that I will not be directly nor indirectly
interested in any contract with or claim against the said CANADIAN
RIVER MUNICIPAL WATER AUTHORITY except such warrants as may be issued
to me as fees of office. So help me God.
/s/ Warlick Carr
July 13, 1989
Page 565
SWORN TO AND SUBSCRIBED before me, the undersigned authority,
this the 18th day of July, 1989.
Zs/ Tesa L. Riddle
Notary Public in and for
the State of Texas
My Commission expires
06-24-93.
CERTIFICATION OF DIRECTOR
THE STATE OF TEXAS
CITY OF LUBBOC
COUNTY OF LUBBOCK
I, B. C. McMinn, Mayor of the City of Lubbock, Texas, DO HEREBY
CERTIFY THAT Warlick Carr, a qualified voter and property owning
taxpayer of the City of Lubbock, Texas, and who is not a member of
the governing body or an employee of such city, has been elected to
the Board of Directors of the CANADIAN RIVER MUNICIPAL WATER
AUTHORITY t❑ serve to the date when his successor is elected or
appointed and qualified, pursuant to resolution duly passed and
adopted by the City Council of said City on the 13th day of July,
1989.
IN WITNESS WHERE, I have hereunto set my hand officially and
affixed the seal of the City of Lubbock, Texas, this the 19th day of
July, 1989.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s Ranette Boyd
Ranette Boyd, City Secretary
Motion was made by Councilman Phillips, seconded
by Councilman Patterson to authorize Resolution
#3159 and reappoint Warlick Carr to the Canadian
River Municipal Water Authority. Motion carried:
7 Yeas; 0 Nays.
89-48A-565- 436
(49.) Consider two appointments to the Electric
Utilities Board. The terms of Edward Breihan and
,aim Gilbreath will expire on June 30. 1989.
Motion was made by Councilman Phillips, seconded
by Councilman Malay to reappoint Edward Breihan
and Jim Gilbreath to the Electric Utilities
Board. Motion carried: 7 Yeas; 0 mays.
89-48A-565-437
(50.) Consider two appointments to the Zoning Board of
is
expires Fe
Motion was made by Councilman Phillips, seconded
by Mayor Pro Tem Baker to move Mel Lisman (of the
ZBA) from Alternate Member to replace Chuck
Mayers, and to appoint Kim Allen and John Roark
as Alternate Members to the Zoning Board of
Adjustment. Motion carried: 7 Yeas; 0 Nays.
July 13, 1989
Page 566
There being no further business to come before Council, motion was
made by Councilman Patterson, seconded by Councilman Phillips to
adjourn the meeting at 11:54 a.m. e
XL/57 C 4
B. C. Mc INN, MAYOR
(fl� :
Ranet Boyd, City Secret ry
READ AND APPROVED THIS 27TH DAY OF JULY,
TES
v
Ranelrye Boyd, City SecWetary
1989.
AB. C. MeA N, MAYOR
NOTICE OF
PUBLIC HEAR LNG
NOTICE is WOW hiMap Rol f.
City CarMcll wilt hold a PuEltc
Hearingon Thursday. July iL 19e4.
a1:s9 A.M., in 1He Cily Council
Chambers. 1625 131h Street. LuE- - R -16 5
bock. Texas, to consider the recom-
mendations by the Planning and :AS
Zoning Cornmimlon that zoning be
Changed an certain Properties in CK
eonsE� ay speae it o MedCity
: e s Hernandez a Notary Public in and for Lubbock County, Texas on this day
Council will act an such recommen,
dations. The following zone casesManager of the Southwestern Newspa-
wilt be heard:
ZONE CASE 1`10.76Z5: Request oflishers of the Lubbock Avalanche -Journal — Morning. Evening and Sunday, who
D.L. "Sonny" Keesee for Toetng n did depose and say that said newspaper has been published continuously For more
Change from M-1 to M-1 Speclflc
Use [for a community Eased rest- rlor to the first insertion of this
dential center certifled by the Tex-
asBoardalPardonsaParoleslon No 506941 at Lubbock County, Texas and the attached print-
SlattonHinhway}n Ex Addition (ylg l Notice is a true copy of the original and was printed in a Lubbock
i
Avalanche -Journal on the following dates: .1 tin Is 2Rth
121 Words @ .45 = 55.66--__--.- --.--.
FRANC S HF RNRNDEZ
countAc
M n ee r '; s f:J
�;' fly Ca:tirriss:.n expr.& �
LUBBOCK AVALANCHE -JOURNAL er»
Southwestern Newspapers Corporation
Subscribed and sworn to before me this A2 day of 1111 y , 19 89
MM 58-10
R-173
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me F'ranCea Hernandez a Notary Public in and For Lubbock County,
personally appeared T- -I - Auf i I t s Account Hanaive r of the Soutl
pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening
being by me duly sworn did depose and say that said newspaper has been published conti
than fifty-two weeks prior to the first insertion of this Lemma I No t 1 ca
No. 506307 at Lubbock County. Texas and 1
ed copy of the Le o-S I Not 1 C I! is a true copy of the original and was print
Avalanche -Journal on the following dates: Ju t r 15+ 221 1989
[a 92 = *274.26
ACCount Md agar
LUBBOCK AVALANCHE -,JOURNAL �
Southwestern Newspapers Corporation
Subscribed and sworn to before me this __26 day of •I U I y . 19 19
FORM 55-10
SECflNp
REAQINGORD 110ES
ORDINANCE NO.9M
AN ORDINANCE AMEND-
ING ARTICLE %VIE OF CHAP-
TER 2 AND ARTICLE V OF
CHAPTER G OF THE CODE OF
ORDINANCES OF THE CITY OF
LUBBOCK WITH REGARD TO
THE ELECTRICAL CODE OF
THE CITY OF LUBBOCK. TEX-
AS; THE DUTIES OF THE
BOARD OF ELECTRICAL EXAM-
INERS AND QUALIFICATIONS
OF ELECTRICIANS WORKING
IN THE CITY OF LUBBOCK;
PROVIDING A PENALTY; PR
D-
VIDING A SAVINGS CLAUSE;
AND PROVIDINGFOR PUBLICA-
TION.
f ORDINANCE NO.92791
AN ORDINANCE ABANDON-
ING AND CLOSING COMMON
AREA, UNDERGROUND UTILI-
TY EASEMENTS. GARBAGE
SERVICE COLLECTION EASE-
MENTS. DRAINAGE EASE-
MENTS AND ACCESS EASE-
MENTS LOCATED IN LOTS 134E
THROUGH 3433 OF THE MEAD-
OWS, AN ADDITION TO THE
CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS, EACH OF
WHICH IS MORE PARTICULAR-
LY DESCRIBED IN T14S BODY
OF THIS ORDINANCE. DIRECT-
ING THE CITY ENGINEER TO
MARK THE OFFICIAL MAPS OF
THE CITY OF LUBBOCK TO RE-
FLECT SAID ABANDONMENT
AND CLOSING; PROVIDING A
SAVINGS CLAUS; AND PROVID-
ING FOR PUBLICATION.
THIRD READING ORDINANCE
ORDINANCE HO.4267
AN ORDINANCE CLOSING
HEARING AND LEVYING AS-
SESSMENTS FOR PART OF THE
COST OF IMPROVING THE FOL-
LOWiNG ALLEY LOCATED IN
THE FOLLOWING BLOCKS AND
ADDITIONS, THE EAST -WEST
ALLEY ABUTTING LOTS 1
THROUGH d. BLOCK 23, ELL -
WOOD PLACE Ar- " -
in'..
AFFIDAVIT OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority on this day personally
appeared T.J . Ault i I I of the
Lubbock Avalanche Journal a newspaper published in
the City of Lubbock, Texas, who, being by me duly sworn, upon oath
deposes and says:
That said newspaper is of general circulation in the City of
Lubbock, Texas, and that the attached "NOTICE OF INTENTION TO ISSUE CITY
OF LUBBOCK, TEXAS, CERTIFICATES OF OBLIGATION", hereto attached, was
published in said newspaper in its issues of
June 27 _ 1989, and
July 2
1989;
and said newspaper devotes not less than twenty-five percent
its total column lineage to items of general interest, is pu
less frequently than once each week, entered as second-class
matter in the county where it is published and has been publ
regularly and continuously for not less than twelve (12) mar
the date of the publication of said "NOTICE OF INTENTION TO
OF LUBBOCK, TEXAS, CERTIFICATES OF OBLIGATION".
Title: Account Man=a
NOTICE: OF INTENTION
TO ISSUE CITY OF
LUBBOCK.TEXAS,
CERTIFICATES
OF OBLIGATION
TAKE NoTIcE That Me city
Council of the City Of Lubbxk.
Texas, shall convene at 9:0
d'Cldck A.M. On the 13fh day of
JYIy, 1M9, at its regular rn"finp
Place In the City Nall of said C;ty.
and. during such meetifMQ, the City
COUMP will consider the f Irst read-
fnp of an ordinance aufhar;tlnp the
issuance of cerllf;cates of obllYa.
Lion ;n an amount not 10 exceed
s3.100'000 tar the purpose of pavinp
cordrxtual Obligalion5 to be irh
cured for [il the purchase of any
land and righis-of-way for authory
;zed ne@ds and purpbyes, and (II)
professional serv;cos. such Cerfiti.
cafes to be payable from ad va;-
arem fixes. The cerl ificdtes are 10
be Issued. and thls notice is p;ven.
under and pursuant to the provi-
sions of Subchapter C of Chapler
771. LOCdI Government Code-
's.' Ronefte Boyd
City secretary.
w _-_ City of Lubbock, Tex
F-187
le rnan de z a Notary Public in and for Lubbock Count
I. Will, Account Manager of the 5o
if the Lubbock Avalanche -Journal — Morning, Evenin
pose and say that said newspaper has been published co
the First insertion of this Legal Notice
No.506 378 at Lubbock County. Texas an
Ica is a true copy of the on �na1 a d w
vin�gd� e.0❑ -1u1Y 29+ Au St + iag
a.
RJ
it r
INAL
)oration
1C�
me this 21 day of Au9_ust ly 89
SECOND
READING ORDINANCES
ORDINANCE N0.9769
AN ORDINANCE ABANDON-
ING AND CLOSING PORTIONS
OF TWO UNDERGROUND UTILI-
TY EASEMENTS AND TWO GAR-
BAGE COLLECTION EASE-
MENTS'LOCATED NORTH OF
S2ND STREET IN LUBBOCK
COUNTY, TEXAS, AND MORE
PARTICULARLY DESCRIBED
HEREINAFTER IN THIS OROI-
NANCE; DIRECTING THE CITY
ENGINEER TO MARK THE OF,
FICIAL MAPS OF THE CITY OF'
LUBBOCK TO REFLECT SA
ABA N DO NME N T AN D C LOS I NG,
PROVIDING A SAVINGS
CLAVSE; AND PROVIDING FOR
ORDINANCE NO.
AN ORDINANCE AMEND-
ING SUBSECTION 16.175fa1 OF:
SECTION 16.175 OF THE CODE
OF ORDINANCES OF THE CITY
OF LUBBOCK TO REVISE SAID
/ SUBSECTION TO BETTER CON-
FORM WITH STATE LAW AS RE-
GARDS SPEED LIMITS FOR MO-
n TOR VEHICLES IN THE CITY OF
LUBBOCK PARTICULARLY
TEX.REV.CIV.STAT.ANN.ART.
6701d. 166; PROVIDING A PEN-
. ALTY; PROVIDING FOR PUBLI•
CATION AND EFFECTIVE DATE
-F�F- HEREOF.
1.. ORDINANCE NO.9791
AN ORDINANCE AUTHORfZ-
ING A TRAFFIC SIGNAL AT THE I
INTERSECTION OF 19TH
STREET AND INLER AVENUE;
AND PROVIDING FOR PUBLICA-
TION.
ORDINANCE No.9292
AN ORDINANCE AUTHOR II-
fNG THE ISSUANCE OF -CITY
OF LUBROCK. TEXAS, GENER-
AL OBLIGATION BONDS, SE-
RIES 19091-; SPECIFYING THE
TERMS AND FEATURES OF
�� anunc. I =vviun A mm.