HomeMy WebLinkAboutMinutes - City Council - Regular - 9/28/1989770
CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
SEPTEMBER 28, 1989
10:00 A.M.
The City Council of the City of Lubbock, Texas met in regular session
on the 28th day of September, 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 Pro Tem Joan Baker, Councilman T.
J. Patterson, Councilman Bill Malay, Councilman George Carpenter,
Councilwoman Maggie Trejo, City Manager Larry J. Cunningham, City
Attorney John C. Ross, Jr., and City Secretary Ranette Boyd
Absent: Councilman Gary Phillips
Mayor McMinn called the meeting to order at 10:00 A.M.
1.} The Invocation was given by Councilman T. J.
Patterson.
( 2.) The Pledge of Allegiance was given in unison by
those in the Council Chambers.
3.) Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo to approve the Minutes of
the September 14, 1989 Regular City Council
meeting as written. Motion carried: 6 Yeas; 0
Nays.
( 4.) Board Appointments
89-4811-770- 572
( 5.) Laurin Prather, President of the BCD, will appe
to request Council approval of _Contract between
the Board of City Development and Texas Tech
Universitv Small Business Development Center.
Laurin Prather, President of the BCD, reported
that the Board of City Development has entered
into a new Contractual Agreement with Texas Tech
University/Small Business Development Center to
provide all services for small business in
Lubbock. These services will include the Bid
Procurement Center, formerly under South Plains
Association of Governments.
The perpetual Agreement will begin October 1,
1989 for a value of $90,000, and it has a 30-day
termination clause by either party. The Small
Business Committee will become the Advisory
Committee for SBDC and will meet on a monthly
basis to oversee the program and evaluate the
performance of SBDC. As in the past, all of
these monies will be marked for the City of
Lubbock, and the BCD will continue to provide
office space for the SBDC.
September 28, 1989
Page 771
Mr. Prather said that the Board of City
Development feels that TTU/SBDC will be the best
provider of service for the small business
community within the City of Lubbock.
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter to approve Contract
between the Board of City Development and Texas
Tech University Small Business Development
Center. Motion carried: 6 Yeas; 0 Nays.
89-488-77:1-573
[ 6.} ORDINANCE #9310--Establishing a 45 MPH speed
limit on East Broadway between Avenue A and
Idalou Road.
ORDINANCE #9310
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN
PORTIONS OF EAST BROADWAY, AS HEREINAFTER MORE PARTICULARLY DESCRIBED
IN THIE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH
RESPECT THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF
SUCH CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR
HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter to pass on second and
final reading Ordinance #9310 as recommended by
Staff. Motion carried: 6 Yeas; 0 Nays.
Councilman Carpenter requested to abstain from voting on Item #7.
89-48B-771-5;�4
( 7.) ORDINANCE #9171--
acent t
on
ORDINANCE #9171
no and closing a
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 13TH STREET
ADJACENT TO BLOCKS 72 AND 73, OVERTON ADDITION TO THE CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN
THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE
OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONING AND
CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION
This Ordinance was read for the first time on
February 11, 1988. This portion of 13th Street
to be closed is located just south of the First
Baptist Church's main building between Avenue V
and Vernon Avenue. Proponent for this closure is
Arnold Maeker for the First Baptist Church. The
area to be closed will revert back to a 60'
Drainage and Utility Easement, and $4,566.48 will
be received for the closure.
Motion was made by Councilman Patterson, seconded
by Councilman Malay to pass on second and final
reading Ordinance #9171 as recommended by Staff.
Motion carried: 5 Yeas; 0 Nays; 1 Abstention --
Councilman Carpenter, for perceived conflict of
interest.
September 28, 1989
Page 772
89-1BB-772- 5-6,
[ 8.) ORDINANCE #9311--Allowing "Updated Service
Credits" and Ten Year Vesting in Texas Municipal
ORDINANCE #9311
TEXAS MUNICIPAL RETIREMENT SYSTEM
AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING
THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN
SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH
SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF LUBBOCK;
ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTION; GRANTING ADDITIONAL
RIGHTS., CREDITS AND BENEFITS AUTHORIZED BY SECTIONS 62.105 AND 64.202
OF TITLE 110B, REVISED CIVIL STATUTES OF TEXAS, 1925, AS AMENDED BY
THE 70TH LEGISLATURE; AND PRESCRIBING THE EFFECTIVE DATE OF THIS
ORDINANCE.
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter to pass on second and
final reading Ordinance #9311 as recommended by
Staff. Motion carried: 6 Yeas; 0 Nays.
89-4813-772-576
(10.) Consider Resolution #3203 approving and acceptin
terms of Texas Department of Highways and Public
Transportation Commission Minute Order No. 89232
for paving improvements on Slide Road from 19th
Street to 29th Drive.
RESOLUTION #3203
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK,
SECTION 1. THAT the City of Lubbock hereby approves and
accepts the terms of Texas State Department of Highways and Public
Transportation Commission Minute Order No. 89232, a copy of which is
attached hereto and made a part of this Resolution.
SECTION 2. THAT the City Engineer shall furnish to the Texas
State Department of Highways and Public Transportation a copy of this
Resolution duly certified to by the City Secretary as evidence of the
acceptance by the City of Lubbock of the aforesaid Minute Order No.
89232..
Passed by the City Council this 28th day of September, 1989.
ATT EST :
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry D. Hertel
Larry D. Hertel, City Engineer
Isl B. C. McMinn
B. C. MCMI N, MAYOR
APPROVED AS TO FORM:
Isl J. Worth Fullingim _
J. Worth Fullingim,
Assistant City Attorney
September 28, 1989
Page 773
STATE DEPARTMENT OF HIGHWAYS
AND PUBLIC TRANSPORTATION
MINUTE ORDER
Lubbock County
District No. Lubbock (5)
WHEREAS, in LUBBOCK COUNTY in the City of Lubbock on SLIDE ROAD
from 19th Street (State Highway 114) to 29th Drive, a distance of
approximately 0.6 mile, a construction project was approved in the
1988-92 Urban System Program (Non -Major Urbanized Areas); and
WHEREAS, it has been determined that right of way acquisition
is required for this project; and
WHEREAS, Minute Order 87454 dated June 28, 1988 designated this
section of Slide Road a part of the State Highway System as a
Principal Arterial Street;
NOW, THEREFORE, IT IS ORDERED that the Engineer -Director is
hereby directed to tender the following proposal to the City of
Lubbock:
Provided the City of Lubbock will:
1. Provide fifty percent of the right of way clear of
obstructions and free of cost to the State with acquisition
procedures to be in accordance with policies of the State
Department of Highways and Public Transportation and with
applicable Federal and State laws governing the acquisition
policies for acquiring real property.
2. Provide fifty percent of the cost of eligible utility
adjustments as may be required in accordance with policies
of the State Department of Highways and Public
Transportation.
3. Upon completion of the construction of this project,
maintain that portion of the work which is its
responsibility in accordance with Federal and State
requirements, and agree to regulate traffic and prevent
encroachment on the right of way, all in accordance with
governing policies and regulations of the State Department
of Highways and Public Transportation.
The State Department of Highways and Public Transportation will:
1. Provide fifty percent of the right of way clear of
obstructions and free of cost to the State with acquisition
procedures to be in accordance with policies of the State
Department of Highways and Public Transportation and with
applicable Federal and State laws governing the acquisition
policies for acquiring real property.
2. Provide fifty percent of the cost of eligible utility
adjustments as may be required in accordance with policies
of the State Department of Highways and Public
Transportation.
3. Provide relocation assistance as may be determined to be
eligible under the Relocation Assistance Program.
4. Provide for construction.
Upon acceptance of the provisions of this Order by the City of
Lubbock, IT IS FURTHER ORDERED that the Engineer -Director is hereby
authorized to proceed in the most feasible and economical manner with
project development to include any necessary agreements, right of way
acquisition, utility adjustments, relocation assistance and
construction at an estimated cost to the State of $1,340,500
September 28, 1989
Page 774
($1,164,500 of which was previously authorized for construction),
which will be funded in the 1988-92 Urban System Program (Non -Major
Urbanized Areas).
This Order shall become operative upon acceptance by the City
of Lubbock; and if not accepted within 90 days of the date hereof,
the action herein contained shall be automatically canceled.
Minute Number 89232
Date Passed: August 29, 1989
Project: CRP 90 (1)M
Control: 8015-05-002
Highway: Slide Road
Country: Lubbock
The Texas Department of Highways and Public
Transportation through PASS (Principal Arterial
Street System) 1988-92 Urban Systems Program is
designing and will reconstruct the section of
Slide Road from 19th Street to 29th Drive to
Thoroughfare Standards ("T-1") with two lanes for
traffic in each direction with a continuous left
turn lane.
Staff memo mentioned that in their work session
of August 25, 1988, the City Council approved
approximately $100,000 for the City's estimated
50% of the right-of-way acquisition costs and 50%
of the utility adjustment costs.
The State is acquiring the right-of-way scheduled
for April, 1990 letting, but may be delayed due
to right-of-way process. A capital project in
the amount of $100,000 has been set up for the
City's 50% of the estimated right-of-way and
utility adjustment costs. Staff recommended
approval.
Motion was made by Councilman Carpenter, seconded
by Councilwoman Trejo to authorize Resolution
#3203 as recommended by Staff. Motion carried:
6 Yeas; 0 Nays.
89-48ES-77.4-5.77
Consider Resolution #3204 accepting curb and
gutter improvements constructed by Allen Teine
Construction Comganv in Hunter's Glen Addition
RESOLUTION #3204
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 Hunter's Glen Addition,
Tract "A" made arrangements with Allen Teinert Construction Company,
Inc. 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:
The North 112 of 98th Street from 7 feet West of the West
property line of the alley West of Elmwood Avenue to 350 feet
West of the West property line of the alley West of Elmwood
Avenue (curb and gutter only) known as Unit Number 2034-01.
September 28, 1989
Page 775
WHEREAS, the construction of the above improvements on the
above -mentioned street was performed under the supervision of the
City Engineer, and said improvements have been completed and have
been inspected and found to have been constructed in accordance with
City specifications and in accordance with the provisions of City
Ordinance 1331; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements on said portions of the
above -mentioned 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 TWO THOUSAND TWENTY-THREE AND 70/100 DOLLARS
($2,023.70).
SECTION 2. THAT this Resolution shall take effect and be in
force from and after its passage.
Passed by the City Council this 28th day of September, 1989.
ATTEST:
s Ra�nette Boyd _
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Isl Larry Hertel
Larry Hertel, City Engineer
CONSTRUCTION
UNIT
/sl B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Isl J. Worth Fullin im
J. Worth Fullingim, Assistant
City Attorney
CONSOLIDATED FINAL COST
HUNTER'S GLEN TRACT "A"
September 28, 1989
SUB -UNIT DESCRIPTION
2034-01 North 1/2 of 98th street from 7` W of WPL of Alley W of
Elmwood Ave. to 350' W of WPL of Alley W of Elmwood Ave.
(Curb and Gutter Only)
CONSTRUCTION COST
343 L.F. of Curb and Gutter at $5.901L.F.
COST DISTRIBUTION
Construction Developer Deposit in City
Cost Cost Escrow Account
$2,023.70
$2,023.70 $2,023.70 $2,023.70 *
* To be returned to Hope Lutheran Church subsequent to acceptance by
City Council. This was a deposit into City escrow account in lieu
of Bank Letter.
This is a routine acceptance of paving
improvements required at the time of platting of
this new subdivision for curb and gutter along
the north side of 98th Street from the alley west
of Elmwood Avenue. There is no City cost due the
contractor. A refund of prepaid money in the
amount of $2,023.70 for this curb and gutter is
due to the developer upon this acceptance.
September 28, 1989
Page 776
Motion was made by Councilman Patterson, seconded
by Councilman Maloy to authorize Resolution #3204
as recommended by Staff. Motion carried: 6
Yeas; 0 Nays.
89-48B-776-578
(12.) Consider Resolution #3205 supporting the proposed
RESOLUTION #3205
WHEREAS, the Texas State Department of Highways and Public
Transportation is gathering input about the proposed Texas Highway
Trunk System as part of a long-range plan to develop a rural network
❑f four -lane or better divided roadways linking urban areas in the
State of Texas, as well as major ports and points of entry from
surrounding states and Mexico; and
WHEREAS, the City Council of the City of Lubbock wholeheartedly
and enthusiastically supports the Texas Highway Trunk System and such
long-range planning in connection therewith, and desires to make such
support known to the Texas State Department of Highways and Public
Transportation, and as a matter of public record desires to evidence
the support of this City Council for the Texas Highway Trunk System;
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the City of Lubbock endorses, approves, and
fully supports the proposed Texas Highway Trunk System as shown on
the map dated September 1989, attached hereto and made a part of this
Resolution as if fully copied herein in detail in this place.
SECTION 2. THAT the City Council of the City of Lubbock
recommends that said map be amended to show the following additions
as an integral part of the proposed Texas Highway Trunk System:
State Highway 114 from Lubbock westward to the New Mexico State line;
State Highway 114 from Jacksboro to Dallas; U.S. Highway 380 from
Bridgeport to Greenville; and U.S. Highways 82 and 380 from
Brownfield westward to the New Mexico State line.
SECTION 3. THAT the City Council of the City of Lubbock
pledges the assistance of the City of Lubbock to pursue future
expansions of the Interstate Highway System in Texas.
SECTION 4. THAT the Director of Transportation of the City of
Lubbock is hereby authorized and directed to transmit a copy of this
Resolution duly certified to by the City Secretary to Mr. Robert
Cuellar, Transportation and Planning Division, State Department of
Highways and Public Transportation, in ❑rder to evidence the support
of the proposed Texas Highway Trunk System by the City of Lubbock
unto the State of Texas as represented by its Department of Highways
and Public Transportation.
Passed by the City Council this 28th day of September, 1989.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
September 28, 1989
Page 777
APPROVED AS TO CONTENT:
Is1 Larry V. Hoffman
Larry V. Hoffman, Director of
Transportation
APPROVED AS TO FORM:
Is/ Harold Willard
Harold Willard, Assistant
City Attorney
MAP DATED SEPTEMBER, 1989 FILED WITH RESOLUTION #3205
According to Staff memo, the State Department of
Highways and Public Transportation will hold a
series of meetings this Fall to get public input
regarding the proposed Texas Highway Trunk
System. The Trunk System is part of the long-
range plan to develop a rural network of four -
lane or better, divided roadways. The System
will link urban areas in the State, as well as
major ports and points of entry from surrounding
states and Mexico.
Staff recommended that the proposed System be
supported with four exceptions as follow:
(1) Extension of SH 114 from West to
the New Mexico Line;
(2) Extension of US 82 and 380 West
from Brownfield to the New Mexico
Line;
(3) SH 114 from Jacksboro to Dallas; and
(4) US 280 from Bridgeport to Greenville
A copy of the Resolution will be sent to the
Lubbock Chamber of Commerce for inclusion in
their packet of information supporting the
system. Lubbock's testimony will be given by
Councilman Carpenter at a public meeting to be
held in Amarillo on the morning of October 5,
1989.
Staff recommended approval.
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker to authorize Resolution
#3205, with addition presented by Staff. Motion
carried: 6 Yeas; 0 Nays.
89-48B-777-5 79
(13.) Consider Resolution #3206 authorizing the Mayor
to execute a Geophysical Operation Permit with
Dawson Geophysical Company.
RESOLUTION #3206
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 Permit to Dawson Geophysical Company to conduct geophysical
operation upon lands owned by the City of Lubbock, attached herewith,
which shall be spread upon the minutes of the Council and as spread
upon the minutes of this Council shall constitute and be a part of
this Resolution as if fully copied herein in detail.
September 28, 1989
Page 778
Passed by the City Council this 28th day of September, 1989.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
/s Ed Buc /s/ J. Worth Fullingim
Ed Bucy, Right -of -Jay Agent J. North Fullingim, Assistant
City Attorney
PERMIT FILED WITH RESOLUTION NO. 3206
Recently, the City acquired Section 69 and part
❑f Section 70, Block 5 in Garza County for the
Lake Alan Henry Project. Dawson Geophysical
Company, of Midland, desires to run a seismic
survey across this land and, this Resolution
gives the Mayor authority to sign the Permit to
allow this. Under this Permit, they will pay
$1,500 per mile and since they will cross the
City ❑f Lubbock land for approximately ❑ne and a
half miles, total consideration t❑ be received is
$2,250.
Staff recommended approval.
Motion was made by Mayor
by Councilwoman Trejo to
#3206 as recommended by
6 Yeas; 0 Nays.
89-486-778-§80
(14.) Consi
Pro Tem Baker, seconded
authorize Resolution
Staff. Motion carried:
UT -Way Department to maKe an o
for a 8.87 acre road parcel, a
access parcel, and O.97 acre f
restrictive easements located
Block 5 Garza County, Texas.
RESOLUTION #3207
izina the Riaht-
acre DuoIic
n Section 117
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality
located in Lubbock County, Texas, has determined and does hereby
determine the public needs, safety and welfare demand and create a
public necessity for the acquisition of the fee simple title and
easement title to additional land for municipal public uses and
purposes, to -wit: for fee simple title to land for public access and
road parcel, and any other lawful purpose in connection with the
extension ❑f the water works system of the City of Lubbock, and for
easement title to land for flood and restrictive easement purposes
from elevation 2220 feet above mean sea level to elevation 2245 feet
above mean sea level, which easement grants City (a) the right to
intermittently overflow, flood ❑r cover such land, at any time with
flood,, slack or backwater created by construction, maintenance and
operation by City of its proposed Lake Alan Henry Reservoir, also
known as the Justiceburg Dam and the Reservoir and for the storage ❑f
water created by the construction of the Dam; (b) the right t❑ enter
upon :said land, with due notice and without loitering, to clear,
destroy or dispose of any timber, brush, obstruction, accumulation,
trash,, filth or any other thing which would in any way interfere with
the construction, maintenance and operation of such dam and reservoir
or tend to render the same unsafe or unsanitary and to prevent the
drainage or dumping ❑f refuse, sewage or ❑ther material into such
September 28, 1989
Page 779
reservoir and to carry out an adequate program of pollution control;
and (c) the right to prevent the construction of, or the removal,
with due notice, of any structure or facility located or to be
located on said land, 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 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 tracts of land hereinafter designated respectively as
"Tract A" and "Tract B" both of said tracts of land being located in
Garza County, Texas, be acquired for public purposes and municipal
purposes as set forth in the preamble hereof, to -wit:
TRACT A
PUBLIC ACCESS
FIELD NOTES on a 7.71 acre tract of land out of Section
117, Block 5, H. & G.N. R.R. Co. Survey, Garza County,
Texas and being more particularly described as follows:
BEGINNING at the Southeast corner of said Section 117, a
1-1/4" iron rod, as set by F.M. German in 1895, for the
Southeast and beginning corner of this tract;
THENCE North 01039'14" East, along the East line of said
Section 117 and the West line of Section 106, 1013.25
feet to a point in a curve, the most Southerly line of a
proposed road, for the Northeast corner of this tract;
THENCE Southwesterly, along the arc of said curve to the
right, the most Southerly line of said proposed road, an
arc distance of 1494.77 feet to a point in the South line
of said Section 117 and the North line of Section 116,
for the Southwest corner of this tract, said curve has a
radius of 1492.39 feet, a central angle of 57123'13",
tangent lengths of 816.84 feet and a chord that bears
South 46138'57" West, 1433.06 feet;
THENCE South 88°21'20" East, along the South line of said
Section 117 and the North line of Section 116, 1013.24
feet to the point of beginning.
CONTAINING 7.71 acres.
TRACT B
ROAD PARCEL
FIELD NOTES on a 8.87 acre tract of land out of Section
117, Block 5, H. & G.N. R.R. Co. Survey, Garza County,
Texas and being more particularly described as follows:
BEGINNING at a 1/2" iron rod, set at the Southeast corner
of the Southwest 1/4 of said Section 117, for the
Southwest and beginning corner of this tract, whence the
Southeast corner of said Section 117, a 1-1/4" iron pipe,
as set by F.M. German in 1895, bears South 88121'20"
East, 2644.31 feet, said iron pipe, being the common
corner of Sections 106, 107, 116 and 117;
THENCE North 01041'21" East, along the East line of the
Southwest 1/4 of said Section 117, 95.42 feet to a point,
in the North line of a proposed road, for the most
Southerly Northwest corner of this tract;
September 28, 1989
Page 780
THENCE South 81021'23" East, along the North line of said
proposed road, 290.68 feet to a 112" iron rod, set for a
corner of this tract;
THENCE South 88021'20" East, 60.00 feet North of and
parallel with the South line of said Section 117, 923.57
feet to a 1/2" iron rod, set for the P.C. of a curve to
the left;
THENCE Northeasterly, along the arc of said curve, the
most Northerly line of said proposed road, an arc
distance of 2155.52 feet to a set 112" iron rod, said
curve has a radius of 1372.39 feet, a central angle of
89059'26", tangent lengths of 1372.16 feet and a chord
that bears North 46038'57" East, 1940.69 feet;
THENCE North 01139'14" East, 60.00 feet West of and
parallel with the East line of said Section 117, 1202.84
feet to a 112" iron rod, set for the most Northerly
Northwest corner of this tract;
THENCE South 88°21'18" East, 60.00 feet to a point in the
East line of said Section 117 and the West line of
Section 106, for the Northeast corner of this tract;
THENCE South 01039'14" West, along the East line of said
Section 117 and the West line of Section 106, 1621.75
feet to a point in a curve, the most Southerly line of
said proposed road, for the most Northerly Southeast
corner of this tract;
THENCE Southwesterly, along the arc of a curve to the
right, the most Southerly line of said proposed road, an
arc distance of 1494.77 feet to a point in the South line
of said Section 117 and the North line of Section 116,
for the most Southerly Southeast corner of this tract,
said curve has a radius of 1492.39 feet, a central angle
❑f 57123'13", tangent lengths of 816.84 feet and a chord
that bears South 46138'57" West, 1433.06 feet;
THENCE North 88°21'20" West, along the South line of said
Section 117 and the North line of Section 116, 1631.07
feet to the point of beginning.
CONTAINING 8.87 acres.
SECTION 2. THAT easement title for flood and restrictive
easements to the land hereinafter described by metes and bounds, and
respectively designated "Tract C" (Flood and Restrictive Easement A)
and "Tract D" (Flood and Restrictive Easement B), said tracts of land
being located in Garza County, Texas, be acquired for public purposes
and municipal purposes as set forth in the preamble hereof, to -wit:
TRACT C
(FLOOD AND RESTRICTIVE EASEMENT "A")
FIELD NOTES on a 0.35 acre easement out of Section 117,
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 intersection of
the East line of the Southwest 1/4 of said Section 117,
with contour elevation 2245, Mean Sea Level, National
Geodetic Vertical Datum of 1929 (MSL, NGVD 1929) whence
the Southeast corner of said Section 117, a 1-1/4" iron
pipe, as set by F.M. German in 1895, bears South
01041'21" West, 1256.98 feet and South 88021'20" East,
2644.31 feet, said corner being the common corner of
Sections 106, 107, 116 and 117;
September 28, 1989
Page 781
THENCE North 01°41'21" East, leaving said contour
elevation 2245, MSL, NGVD 1929, along the East line of
the Southwest 114 of said Section 117, 165.92 feet to a
112" iron rod, set in said contour elevation 2245, MSL,
NGVD 1929;
THENCE along said contour elevation 2245, MSL, NGVD 1929,
the following meandered courses and distances;
North 69°45'57" East, 43.49 feet;
North 50039'39" East, 130.85 feet;
North 59041'33" East, 79.16 feet to a set 112" iron rod;
South 29032'49" West, 68.48 feet;
South 46°44'25" West, 116.02 feet;
South 27033'45" West, 89.90 feet;
Sough 31107'15" West, 87.56 feet;
South 45113'10" West, 14.27 feet to the point of
beginning.
CONTAINING 0.35 acres.
TRACT D
(FLOOD AND RESTRICTIVE EASEMENT -B-)
FIELD NOTES on a 0.62 acre easement out of Section 117,-
Block 5, H. & G.N. R.R. Co. Survey, Garza County, Texas
and being more particularly described as follows:
BEGINNING at the intersection of the East line of the
Southwest 114 of said Section 117, with the North line of
a proposed road, whence the Southeast corner of said
Section 117, a 1-114" iron pipe, as set by F.M. German in
1895, bears South 01141'21" West, 95.42 feet and South
88121'20" East, 2644.31 feet;
THENCE North 01141'21" East, along the East line of the
Southwest 114 of said Section 117, 362.15 feet to a set
112"' iron rod;
THENCE South 36143'19" East, 44.67 feet to a point;
THENCE South 25°59'49" East, 157.81 feet to a point;
THENCE South 07152'33" West, 198.28 feet to a point, in
the North line of said proposed road;
THENCE North 81021'23" West, along the North line of said
proposed road, 80.30 feet to the point of beginning.
CONTAINING 0.62 acres.
SECTION 3. THAT the owners of said tract, being Bandy Silas
Cash, individually and as Independent Executor of the Mildred Violet
Woodard Cash (deceased) Estate, BE offered through the Right -of -Way
Department of the City of Lubbock the amount of $13,264.00, which is
the amount appraised as the value and total damages for the fee
simple title and acquisition of said real estate hereinabove
described, and the amount of $97.00 for the easement title to the
real estate hereinabove described for the value and damages therefor,
being a total offer to said owner of $13,361.00 for such fee simple
and easement title acquisition, 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 and easement
title to said land as hereinabove described for public purposes and
municipal purposes.
September 28, 1989
Page 782
Passed by the City Council this 28th day of September, 1989.
ATTEST:
Isl Ranette Boyd
Ranette Boyd, City Secretary
APPROVED A5 TO CONTENT:
'/s Ed Buc
Ed Bucy, Right -of -Way Agent
89-48E3-782.591
(15.)
/s B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Isl J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
These tracts of land are located approximately
five miles east of Justiceburg, Texas. Staff is
to acquire an 8.87 acre road parcel and a 7.71
acre public access parcel for total fee simple
land of 16.58 acres. These two tracts are at the
southeast corner of Mr. Cash's property and will
adjoin the remainder of the public access area.
On the east side of Mr. Cash's land are a 0.35
acre tract of land and a 0.62 acre tract of land,
both needed for Flood and Restrictive Easements.
Acquisition cost for this 16.58 acres is $13,264
or $800 per acre, and acquisition cost for the
two Easements totaling 0.97 acre is $97 or $100
per acre. Total for both fee simple and easement
area is $13,361, and is the City's offer to Mr.
Cash. Staff recommended approval.
Motion was made by Councilwoman Trejo, seconded
by Councilman Patterson to authorize Resolution
#3207 as recommended by Staff. Motion carried:
6 Yeas; 0 Nays.
Consider Resolut
Of -Way Departmen'
Severs and wife,
acre tract of 1 ai
5 Garza County,
RESOLUTION #3208
rizina the Right-
ila m. bevers Tor a
ocated in Section 1
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:
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:
September 28, 1989
Page 783
Field Notes on a 158.82 acre tract of land known as the
S.W. 4 of Section 106, Block 5, H. & G. N. R. R. Co.
Survey, Garza County, Texas, and being more particularly
described as follows:
BEGINNING at the Southwest corner of Section 106, a found
14" iron pipe as set by F. M. German in 1895, for the
Southwest and beginning corner of this tract, said corner
being the common corner of Sections 106, 107, 116 and
117 ;
THENCE North 01039'14" East, along the West line of said
Section 106 and the East line of Section 117, 2635.05
feet to a 2" iron rod set for the Northwest corner of
this tract;
THENCE South 88021'53" East, 2627.28 feet to a 2" iron
rod set for the Northeast corner of this tract;
THENCE South 01044'03" West, 2635.01 feet to a 2" iron
rod set in the South line of said Section 106 and the
North line of Section 107, for the Southeast corner of
this; tract;
THENCE North 88021'57" West, along the South line of said
Section 106 and the North line of Section 107, 2623.59
feet to the PLACE OF BEGINNING.
CONTAINING: 158.82 Acres.
SECTION 2. THAT the owners of said tract, being Samuel S.
Bevers and wife, 0della M. Bevers, BE offered through the Right -of -
Way Department of the City of Lubbock the amount of $127,056.00,
which is the amount appraised as the value and total damages for the
fee simple title and acquisition of said real estate hereinabove
described, for the use and benefit of the City of Lubbock, Texas, for
the purposes herein stated, and unless accepted forthwith, the City
Attorney of said City of Lubbock is hereby authorized and instructed
to institute condemnation (eminent domain) proceedings to acquire the
fee simple title to said land as hereinabove described for public
purposes and municipal purposes.
Passed by the City Council this 28th day of September, 1989.
ATTEST:
1s1 Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Isl Ed Bucy
Ed Bucy, Right -of -Way Agent
Is/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s J. Worth Fullin im
J. Worth Fullingim,
Assistant City Attorney
This 158.82 acre tract of land in Garza County is
needed for the Public Access Area of Lake Alan
Henry and is located approximately six miles
east, northeast of ►]usticeburg, Texas and is part
of the land area needed west of the dam.
Acquisition cost of this 158.82 acres is $127,056
or $800 per acre, which is the City's offer to
the Bevers. Staff recommended approval.
September 28, 1989
Page 784
Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo to authorize Resolution
#3208 as recommended by Staff. Motion carried:
6 Yeas; O Nays.
89-48B-784- 582
(16.) Consider Resolution #3209 authorizing the Mayor
to sign a Street Use License for a covered
loading dock for the Depot Restaurant.
RESOLUTION #3209
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of
Lubbock a Street Use License Agreement with The Depot Restaurant and
Bar, 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 28th day of September, 1989.
ATTEST:
Is1 Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS. TO CONTENT:
Isl Ed Bucy
Ed Bucy, Right -of -Way Agent
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
Isl B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant
City Attorney
STREET USE LICENSE
'This indenture made this 28th day of September, 1989, being the
date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home
Rule Municipal Corporation, and THE DEPOT RESTAURANT AND BAR, INC.,
of Lubbock County, Texas, hereinafter called "LICENSEE."
WITNESSETH:
:subject to the terms, conditions and provisions herein, the
CITY OF LUBBOCK does hereby grant to the LICENSEE, the right,
privilege and license to use a portion of dedicated street for a
covered loading dock, to -wit:
1EGINNING at a point 36 feet North of the Southeast
corner of Lot 13, Block 231, Original Town Addition to
'the City of Lubbock, Lubbock County, Texas;
THENCE 7.CO feet East;
THENCE 31.00 feet North;
THENCE 7.00 feet West;
THENCE 31.00 feet South to the PLACE OF BEGINNING.
September 28, 1989
Page 785
The term of this grant shall be for five (5) years from date
hereof, and shall be automatically extended for successive five (5)
year terms not to exceed twenty (20) years in any event, unless
either party shall give written notice of termination to the other
party before the expiration of the first, second or third five (5)
year term, as the case may be, and the CITY OF LUBBOCK retains the
right at its election to cancel and revoke this license with or
without cause upon notice to LICENSEE. Said notice shall be deemed
properly served if deposited in the post office, postage paid,
addressed to LICENSEE at 1801 Avenue G, Lubbock, Texas 79401, or the
last known address of LICENSEE.
Upon the expiration or cancellation and revocation of this
license by the CITY OF LUBBOCK or the abandonment of the license by
the LICENSEE, the improvements that are permitted under this license
shall be removed by the LICENSEE and the property shall be restored
to its original condition at no cost or expense to the CITY OF
LUBBOCK. In the event LICENSEE fails or refuses to remove such
improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK
may take possession and remove or cause t❑ be removed such
improvements, and the expense incurred shall be assessed against
LICENSEE, for which LICENSEE shall be liable.
1. LICENSEE shall pay to the CITY OF LUBBOCK as compensation
for such grant the sum of TWO HUNDRED FIFTY AND N01100 ($250.00)
DOLLARS cash in advance contemporaneously with the acceptance and
execution hereof by LICENSEE for the first five (5) year term of this
license, and thereafter such rate of compensation may be changed for
each succeeding five (5) year term by the CITY OF LUBBOCK to a rate
of compensation which is based on procedures and policies as
established by the City Council of the CITY OF LUBBOCK, based on an
appraisal of the fair market value of such land by the Right -of -Way
Department of the CITY OF LUBBOCK, as applied to the formula for
determining such rate established by the City Council. If such rate
is not changed by the CITY OF LUBBOCK, the rate for the preceding
five (5) year term shall apply. The CITY OF LUBBOCK shall notify the
LICENSEE of any change in rates in writing before the start ❑f the
five (5) year term to which such change in rate shall apply; and if
such notification is not made, then the rate for the preceding five
(5) year term shall apply.
2. The LICENSEE agrees to pay all costs arising ❑ut of the
exercise of this license herein granted, including but not limited to
the replacement and repairing of paving, sidewalks and utilities of
any nature occasioned by the construction authorized by this license.
3. In the event the CITY OF LUBBOCK determines that the
existence of such use interferes with or causes the rerouting or
realignment of any public utility, franchised utility or sanitary or
storm sewer line constructed or to be constructed by the CITY OF
LUBBOCK or franchised utility, LICENSEE agrees to reimburse the CITY
OF LUBBOCK or such utility, as the case may be, for its expense in
relocating or rerouting over and above the expense which would have
been incurred except for LICENSEE'S use herein.
4. This license is not transferable by the LICENSEE without
first receiving the written consent of the City Manager of the CITY
OF LUBBOCK.
5. This license is made subject t❑ the condition that should
the LICENSEE exercise any right under the license herein granted and
prepare or begin ❑r complete any part of the construction as herein
contemplated across any or all of the above described property, then
and in that event said LICENSEE, its successors and assigns, will at
all times defend, indemnify and otherwise hold the CITY OF LUBBOCK,
its agents, servants and employees harmless from any and all claims,
demanids, actions, causes of action, suits at law or in equity ❑f
whatsoever kind or nature which may grow out of or be related t❑ the
making of this license or the construction or maintenance and use
permitted herein. The CITY OF LUBBOCK, at its option, may require an
September 28, 1989
Page 786
agreement with any contractors hired by LICENSEE to perform the
construction, repair or maintenance permitted herein, which agreement
will indemnify the CITY OF LUBBOCK from and against all claims,
liability, cost and expense growing out of the performance of the
work to be done by such contractors. The CITY OF LUBBOCK may further
require any of said contractors, when engaged in the construction,
repair or maintenance permitted herein, to furnish, without expense
to the CITY OF LUBBOCK, a reliable surety bond in an amount and in a
form satisfactory to the said CITY OF LUBBOCK, guaranteeing the
faithful performance of all the terms, covenants and conditions
contained in said agreement, and a certified copy of a policy of
public liability insurance assumed by said contractors in said
agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to
give notice to LICENSEE prior to incurring any costs or expenses or
the payment of any such claims or demands in order to give LICENSEE a
reasonable opportunity to settle or adjust the same.
6. LICENSEE agrees and is required to furnish a policy of
public liability and property damage insurance, within limits
specified by, and in a form satisfactory to the City Attorney for the
CITY OF LUBBOCK, and which names the CITY OF LUBBOCK as the insured,
said policy covering the uses herein granted.
7. Prior to any construction as authorized by this license,
the LICENSEE shall submit to the City Engineer plans and
specifications for the construction to be done, and the LICENSEE
shall not commence construction until such plans and specifications
are approved by the City Engineer.
8. All of the covenants and provisions of this license shall
be binding upon and inure to the benefit of the successors, legal
representatives, assigns and the duly authorized agents and
contractors of the parties hereto to the same extent and effect as
the same are binding upon and inure to the benefit of the parties
hereto, but no assignment hereof by the LICENSEE, its successors or
assigns shall be binding upon the CITY OF LUBBOCK without the consent
of the CITY OF LUBBOCK in each instance, except as specified in
numbered paragraph four (4).
9. LICENSEE, by the acceptance of the uses permitted herein,
understands and agrees that no interest, title or rights of
possession are intended or implied except those expressly set forth
hereiin, and LICENSEE waives any and all claims in and to the public
way LICENSEE is permitted to use hereby and agrees to give peaceful
possession of said property covered herein upon termination or
cancellation of this license.
CITY OF LUBBOCK
Isl B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
Is1 Ranette Boyd
Ranet:te Boyd, City Secretary
AGREED TO AND ACCEPTED this day of
, 1989.
LICENSEE: THE DEPOT RESTAURANT
AND BAR, INC.
BY:
RONALD E. THOMPSON, PRESIDENT
September 28, 1989
Page 787
APPROVED AS TO CONTENT:
/s Ed Buc
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Harold Millard
Harold Millard, Assistant City
Attorney
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and
for said county, Texas, on this day personally appeared B. C. McMINN,
MAYOR, known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same
as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the
purposes and consideration therein expressed and in the capacity
herein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 28th day of
September, 1989.
/s/ Olivia R. Solis
Notary Public, Lubbock County,
Texas
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and
for said County, Texas, on this day personally appeared RONALD E.
THOMPSON, known to me to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that he executed the
same for the purposes and consideration therein expressed and in the
capacity therein stated as the act and deed of The Depot Restaurant
and Bar, Inc.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
, 1989.
Notary Public, Lubbock County,
Texas
This proposed License is for the Depot Restaurant
for the property located on the west side ❑f the
1800 block ❑f Avenue G. This encroachment will
be in the street right-of-way of Avenue G and
measures 7' wide and 31' long (north -to -south)
and will be used for a covered fire exit and
entrance dock for customers. This warehouse
building is being converted int❑ a banquet hall
for the restaurant, and the Fire Marshal has
required that a fire exit be installed along
Avenue G.
The $150 application fee has been paid and the
cost of this License will be the minimum $50 per
year, payable in advance every five years for a
total of twenty years. All utilities are in
agreement, and Staff recommended approval.
September 28, 1989
Page 788
89-48B-788-583
(17.)
Motion was made by Councilman Patterson, seconded
by Mayor Pr❑ Tem Baker to authorize Resolution
#3209 as recommended by Staff. Motion carried:
6 Yeas; 0 Nays.
Consider the closing of completed Community
Development Projects and associated adjustments
to the Contingency Fund.
At the end of each fiscal year, the Community
Development Projects which have been completed
during the previous 12 months are closed, and the
budget underruns and overruns are reconciled to
the Contingency Fund.
During the past twelve months, the following
projects have been completed:
CDBG CLOSEOUT - 1988/89
12th YR Arnett Benson (6109-13)
12th YR Phyllis Wheatley (6106-08)
13th YR Residential Rehab (4413)
596112 PR -Handicap Accessibility
596615 CD-Chatman/Coronado Study
597101 PR -Lake #2 & #6 Landscape
597102 PR -Mackenzie Park Lighting
597104 PR -Stubbs Playground Reno
597610 CD -Overton Sidewalks
597118 PR -Barrier Free Park III
597319 EN-E. 26th St. Bridge/Const
597620 CD -Early Learning Centers
597627E CD -Lubbock Heritage Society
597622 CD-CED Redevelopment Plan
598102 PR-Butler/Outreach Prog
598406 CE-Conc Code Enforcement
598607 CC, -Emergency Repair
598609 CDi-Indirect Cost
598610 CD -Paint -Up Program
598612 CD-Sidewalk/Arnett Benson
598613 CD-Weatherization
598815 CD -Home Security/Elderly
4411 CD -Administration
4415 CD -Field Services
Revised
Under Over Budget
$ 9,924.00 $136,076.00
30,235.00 127,765.00
(4,056.02)
18,172.96
3,603.84
1,841.56
4,119.88
14,361.81
2,170.15
1,249.67
0.00
340.39
155.47
0.00
221.34
13,990.05
2,482.36
5,692.61
11,069.15
(14,871.09)
(185.62)
(11,616.00)
(540.10)
(34.05)
32,727.04
4,896.16
36,258.44
31,880.12
18,338.19
47,829.85
41,750.33
299,837.96
35,059.61
9,844.53
75,000.00
7,778.66
234,704.09
50,185.62
111,616.00
20,540.10
46,949.95
75,034.05
27,517.64
160,927.39
235,730.85
TOTAL TO CONTINGENCY $ 88,327.36
The budget underruns were primarily due to the
competitive bidding environment for construction
projects. The Arnett Benson sidewalks and Stubbs
Playground projects were under budget due to
lower bid prices. The Phyllis Wheatley project
was under budget due to the property acquisition
phase of the project being completed without
condemnation expenses being incurred. The
primary overruns were in concentrated code
enforcement with the increased demolition effort.
The Indirect Cost budget reflects the payment of
100% of the allowable cost to the City for
services.
The closing of these accounts will increase the
Contingency Fund Budget from $159,639 to
$247,966.36. Staff recommended approval.
September 28, 1989
Page 789
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to approve closing of
completed CD projects and associated adjustments
to the Contingency Fund as recommended by Staff.
Motion carried: 6 Yeas; 0 Nays.
89-48B-789 -584
(18.) Consider the allocation of
ce
improvements.
This item is to consider an "interim" CDBG
allocation in order to comply with HUD's
timeliness concerns in reprogramming available
funds.
Staff recommended an adequate Contingency Fund
balance of $125,000-$150,000 remain in order to
fund projects until June, 1990. During the past
several months a number of potential projects
have been submitted for consideration. These
projects include:
I. Sewer and Water Improvements/Franklin
Estates
2. Fair Housing Analysis
3. Early Learning Centers of Lubbock
4. Hodges Ballfield Improvements
5. Code Enforcement
The following projects are recommended for
funding at this time:
Sewer & Water Improvements/ $ 41,000
Franklin Estates
Fair Housing Analysis 5,000
Early Learning Centers of Lubbock 20,000
Hodges Ballfield Improvements 20,000
Code Enforcement 19,200
Total 105 �00
The proposed allocation would decrease the
Contingency Fund balance to $142,766.36. Staff
anticipates an upcoming Youth Sports Grant will
require up to $25,000 CDBG match.
Motion was made by Councilman Patterson, seconded
by Councilman Maloy to approve allocation of CDBG
funds for public service and improvements as
recommended by Staff. Motion carried: 6 Yeas; 0
Nays.
89-48B-789-5 B5
(19.) Consider Resolution #3210 authorizing the Mayor
to execute a Funding Agreement with Earl
Learning Centers of Lubbock.
RESOLUTION #3210
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
September 28, 1989
Page 790
Lubbock a Community Development Funding Agreement/Contract by and
between the City of Lubbock and Early Learning Centers of Lubbock,
Inc. for child care, attached herewith, which shall be spread upon
the minutes of the Council and as spread upon the minutes of this
Council shall constitute and be a part of this Resolution as if fully
copied herein in detail.
Passed by the City Council this 28th day of September, 1989.
ATTEST:
/s Ranette Boyd _
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Sandy Ogletree
Sandy Ogletree, Community
Development Administrator
/s B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Teresa J. Wright
Teresa J. Wright, Assistant
Trial Attorney
COMMUNITY DEVELOPMENT FUNDING AGREEMENT/CONTRACT
FOR CHILD CARE BETWEEN
THE CITY OF LUBBOCK AND EARLY LEARNING CENTERS OF LUBBOCK, INC.
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Agreement is entered into this 28th day of
September , 19B9 , between the City of Lubbock, Texas, a home
rule municipal corporation, hereinafter called "City", and Early
Learning Centers of Lubbock, Inc., a nonprofit corporation,
hereinafter called "Grantee".
WITNESSETH:
WHEREAS, the City is obligated to do and perform certain
services in its undertaking of a Community Development Plan pursuant
to the Housing and Development Act of 1974, as amended; and
WHEREAS, the Grantee is a nonprofit corporation offering
assisted child care services to lower and moderate income working
families who are in need of such services by operating day care
centers; and
WHEREAS, the services provided by the Grantee benefit citizens
of the City of Lubbock and constitute a valuable public service; and
WHEREAS, the City Council of the City of Lubbock has declared
the maintenance and operation of day care facilities by the Grantee
to be a public purpose; and
WHEREAS, the City Council of the City of Lubbock has declared
this to be a one time funding agreement between the City and the
Grantee; and
WHEREAS, the Grantee and the services it provides have been
found to meet the criteria for funding under provision 570-2Dl(e) of
the Community Development Regulation for Public Services; and
WHEREAS, the accomplishment of the above public purpose is the
predominant purpose of this transaction; continuing supervision by
the City together with statutory and contractual requirements provide
sufficient assurance that the public purpose will be accomplished;
the City Council has found that the Grantee has the special
expertise, knowledge and experience necessary for the operation of
September 28, 1989
Page 791
day care facilities and that the City will receive adequate
consideration in the form of substantial public benefit; and
WHEREAS, the City desires to contract with the Grantee to make
available child care assistance at the Early Learning Center, 1301
42nd Street;
NOW THEREFORE, the City and Grantee do hereby mutually agree as
follows:
1. The assistance made available through this agreement
shall be uised by the Grantee solely for the purposes of providing low
cost child) care services to qualified lower income families. This
assistance shall provide the difference between the actual cost of
child care services and the contributions made by the parent less any
supplemental funding provided by other sources. parent contributions
shall be determined using the procedures applicable to the Texas
Department of Human Services Title XX program.
The services provided by the Grantee shall exclusively benefit
lower income families residing in the Community Development Target
Area and whose gross household income does not exceed the lower
income eligibility requirements as established by the Department of
Housing and Community Development. The Community Development Target
Area is identified in Exhibit A of this agreement. Except as
otherwise required by this agreement, the Grantee shall administer
and operate the child care services funded under this agreement
consistent with the operating standards and procedures established by
the Texas Department of Human Services for the Title XX Child Care
Program.
2. The City agrees to provide Grantee assistance from
Department ❑f Housing and Urban Development funds in an amount not to
exceed $20,000. This contract shall commence on or as of November 1,
1989 and shall terminate on November 1, 1990. Payments will be made
by CITY to Grantee based upon Grantee's invoice reflecting a $1.93
charge per child per day enrolled for child care services provided at
the aforementioned site. Such monthly invoices shall be submitted
not later than the tenth day of each month and shall be in a format
prescribed by the CITY.
3. Grantee understands and agrees that the assistance made
available under this agreement is contingent upon the actual receipt
of adequate Federal funds to meet the CITY's liabilities under this
agreement. It is expressly understood that this agreement in no way
obligates the General Fund or any other monies or credit of the City
of Lubbock.
4. The Grantee shall submit with the monthly invoice an
enrollment report listing each child receiving assistance through
this contract indicating the child's name, address, ethnic group,
age, sex, monthly gross family income, parent contribution, and
enrollment and attendance record.
5. Without limiting any of the other obligations or
liabilities of the Grantee, the Grantee shall at its own expense
provide minimum insurance coverages as listed below, and maintain
coverages without interruption, provided by an insurer of a Best
Rating of 8+ or better, against all liabilities for accidents arising
out of or in connection with Grantee's performance under this
agreement. A certificate of insurance will be placed on file with
the Community Development of the CITY by Grantee. In the event of
any material change, non -renewal or cancellation of any policy,
Grantee's insurance company will give 45 days actual prior written
notice to the Community Development Department of the City of Lubbock
for such changes or cancellation.
September 28, 1989
Page 792
TYPE OF COVERAGE MINIMUM LIMITS
COMMERCIAL GENERAL LIABILITY:
Coverage A - Each Occurrence $300,000
General Aggregate Other Than Products/
Completed Operations $300,000
5. The Grantee agrees to provide the CITY with the year-end
audit report for the Grantee's operations. The Grantee shall submit
an audit report which is in compliance with the provisions of the
Single Audit Act of 1984, and OMB Circular No. 128. The audit shall
be prepared by an independent Certified Public Accountant and shall
include as supplemental information statements of compliance and
internal control with respect to Federal financial assistance
provided to the Grantee by the CITY. The audit report shall be
submitted no later than 150 days following the end of the Grantee's
Fiscal year.
7. The Grantee agrees that the performance of work and
services pursuant to the requirements of this agreement shall conform
to high professional standards. The Grantee shall not at any time or
in any manner represent that it or any of its agents or employees are
in any manner agents or employees of the CITY.
8. For purposes of determining venue and the law governing
this agreement, activities performed under this agreement are
performed in the City of Lubbock, Lubbock County, State of Texas.
9. It is expressly understood by Grantee that this
assistance is made available as part of CITY's Community development
Block Grant Program, and as such, the activities undertaken must
comply with all of the rules and regulations established by said
program, including those assurances and conditions which are
incorporated as Part II of this agreement and hereby adopted for all
purposes. Grantee agrees that the services provided by the Grantee
under this agreement shall be devoted primarily to assist low and
moderate income households.
10. The Grantee further agrees to make its books and records
available to inspection by any representative of the CITY, the
Department of Housing and Urban development, and the CITY's
independent auditors as the CITY may determine necessary at any
mutually convenient time. Grantee also agrees to provide CITY, the
Department of Housing and Urban Development, and the CITY's
independent auditors with such reports as the CITY may from time -to -
time require as proof of Grantee's compliance with any or all terms
and conditions of this agreement.
11. It is understood and hereby agreed that the Grantee shall
not deny benefits to or discriminate against any person on the basis
of race, color, religion, age, sex, national origin, or handicapped
status in the performance of any activities funded under this
agreement.
12. The CITY shall not be subject to any of the obligations
or liabilities of the Grantee incurred in the performance of this
agreement. The Grantee expressly agrees to indemnify and hold
harmless the CITY for any and all liabilities and obligations
incurred due to the negligence of the Grantee, its employees,
officers, agents, subcontractor,s or agencies, or the negligent acts
or omissions, breaches of contract of the Grantee or its employees,
officers, agents, subcontractors or agencies.
13. This contract may be terminated as a result of any one of
the following happenings:
a. If through any cause the Grantee shall fail to fulfill in
a timely manner its obligations under this agreement or
if the Grantee violates any of the conditions of this
September 28, 1989
Page 793
agreement, then the CITY shall give written notice of
such violation or failure to proceed in a timely manner
to the Grantee. Within ten (10) days after such notice,
the Grantee shall inform the CITY in writing of the
corrective action taken. The Grantee shall exercise all
due diligence to correct any and all violations. In the
event the violations are not fully corrected within
twenty (20) days from the date the Grantee first gave
notice to the CITY of the actions taken, the CITY retains
the right to terminate this agreement forthwith.
b. This agreement shall at all times be subject t❑ any
corrective actions taken or directives issued by the
Department of Housing and Urban Development in relation
to the CITY's Community Development Block Grant Program.
The Grantee shall comply with any and all such
communications received by CITY from the Department ❑f
Housing and Urban Development, including termination of
this agreement, as if such communication were made a part
hereof.
C. This agreement may be terminated by Grantee upon sixty
(60) days prior written notice to the CITY.
14. No member of ❑r delegate to the Congress ❑f the United
States and no Resident Commissioner shall be admitted to any share ❑r
part of this agreement or to any benefit to arise herefrom.
15. The Grantee shall not assign, sell or transfer any
interest in this contract without the prior written consent of the
City thereof.
16. This agreement contains the entire agreement of the
parties.
17. None of the services covered by this agreement shall be
subcontracted without the prior written consent of the City.
IN WITNESS WHEREOF, the City and the Grantee have executed this
agreement as of the first day above written.
ATTEST
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Sandy Ogletree
Sandy Ogletree
Community Development
Administrator
APPROVED AS TO FORM:
/s Teresa J. Wright
Teresa J. Wright
Assistant Trial Attorney
EXHIBITS FILED WITH RESOLUTION NO. 3210
CITY OF LUBBOCK
/s B. C. McMinn
B. C. MCMINN, MAYOR
Early Learning Centers
of Lubbock, Inc.
s Joanne Cotter
JoAnne Cotter
Executive Director
ATTEST:
/s/ Louise Cummins
Secretary
Community Development Block Grant funding has
been requested to aid in the operation ❑f the New
Directions Early Learning Center located at 1301
September 28, 1989
Page 794
42nd Street. The New Directions Program is for
teenagers who are pregnant or have just had
babies and is an effort to keep these young women
in school to complete their high school
education. The Early Learning Center provides
day care for the children of the New Directions
Program. A one-time funding request has been
made due to various budget constraints and
reductions related to LISD and the Early Learning
Center. The policy of the City of Lubbock has
been that Community Development funds will not be
used for operating programs and ongoing operating
programs, except for one-time emergencies or
urgent programs or pilot programs. This
particular request would meet the need for a
❑ne-time urgent need request and would not be
eligible for continuation funding.
The allocation of funding t❑ the Early Learning
Centers of Lubbock New Directions Program is
formula based with the total contribution not to
exceed $20,000. Based on expense figures from
the first year of operation (1988-89), Staff
estimated that the average daily cost per child
will be $14.45 in 1989-90. The New Directions
Center anticipates an average daily reimbursement
of $12.52 per child from ❑ther funding sources,
and the request for CDBG funding is to offset the
$1.93 per child revenue shortfall. The funding
formula is based ❑n a $1.93 per pupil cost
multiplied by days enrolled in program.
Community Development Block Grant funds will be
used to assist only those families meeting the
low -to -moderate income guidelines published by
the Department of Housing and Urban Development.
Staff estimated that 59 children will be assisted
daily through CD funding.
The Lubbock Independent School District is aware
that the assistance sought by the Early Learning
Centers is a one-time request and cannot be
renewed. LISD will assist the Early Learning
Centers to obtain future funding in the amount
being sought from Community Development.
The Funding Agreement includes the project
budget, timetable, funding formula, and Community
Development guidelines. The Agreement was
presented and approved by the Early Learning
Centers Board of Directors on September 20, 1989.
Motion was made by Councilwoman Trejo, seconded
by Councilman Patterson to authorize Resolution
#3210 as recommended by Staff. Motion carried:
6 Yeas; 0 Nays.
(20.) Consider application for public -transportation
funds.
This item was deleted from the agenda.
89-48B-794-58F
(21.) Consider Resolu
to sian an Agreement between the UltV oT LUDDOCK
eaktn services.
September 28, 1989
Page 795
RESOLUTION #3211
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 exec-zte for and on behalf of the City of
Lubbock a Public Health Service Contract by and between the City of
Lubbock and the Texas Department of Health, attached herewith, which
shall be spread upon the minutes of the Council and as spread upon
the minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
Passed by the City Council this 28th day of September, 1989.
Isl B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
Isl Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Isl 0c3ug Goodman
Doug [woodman, Public Health
Administrator
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
PUBLIC, HEALTH SERVICE CONTRACT FILED WiITH RESOLUTION #3211
Each year the State Health Department signs a
Contract with the City requesting that the
Lubbock Health Department provide certain
services to the community. In exchange for these
services, the Texas Department of Health provides
the City with money for supplies, professional
services, equipment, and staff.
This particular Contract provides for 14.5
additional Health Department employees to provide
support for programs related to AIDS, sexually
transmitted diseases, dental care, public health
promotion, immunization, family planning
services, maternity services, and laboratory
services.
This Contract is for $383,352 and does not
include an estimated $126,053 for vaccine used by
the Immunization Clinic, nor $18,300 for supplies
provided to the City Laboratory. The Contract
represents a 33% increase over the Contract
presented to City Council for FY 1988-89. Part
of this increase represents the addition of two
Registered Nurses and a Community Service Aide
who will initiate an Outreach Program for the
community to search for women in need of maternal
and family planning services.
This money was made available through the State
Legalization Impact Assistance provisions of the
Immigration Reform and Control Act of 1986. The
actual value of the Contract is over $500,000.
Staff recommended Council approval.
September 28, 1989
Page 796
89-48B-796-587
(22.)
Motion was made by Councilman Carpenter, seconded
by Mayor Pro Tem Baker to authorize Resolution
#3211 as recommended by Staff. Motion carried:
6 Yeas; 0 Nays.
Consider Resolution #3212 authorizing the Mayor
to submit a Grant Application to the Texas
Department ❑f Health for AIDS education.
RESOLUTION #3212
WHEREAS, the City Council of the City of Lubbock deems it to be
in the best interest of the health, safety and welfare of the
citizens of the City of Lubbock to seek funding for an AIDS Education
Coordinator through a Texas Department of Health grant; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby
authorized and directed to make application for a grant from the
Texas Department of Health t❑ fund an AIDS Education Coordinator for
the City 0 Lubbock and to sign such grant application and associated
documents as are necessary to secure said grant funding.
Passed by the City Council this 28th day of September, 1989.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s R+anette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
s Rita P. Harmon /s/ Donald G. Vandiver
Rita 1?. Harmon, Assistant City Donald G. Vandiver, First
Manager for Public Safety and Services Assistant City Attorney
The City Health Department is requesting $27,117
to fund an AIDS Education Coordinator for Lubbock
County for eight months. (The Contract period
will be from January, 1990 to August, 1990.) The
Grant is specifically for AIDS education, with
the objective to coordinate the numerous
education efforts being provided by the four to
five agencies primarily involved in AIDS
education.
In visiting with other agencies in the County who
provide AIDS education, a problem in the
distribution of services was discovered. Some
target groups were being approached by every
agency as to the possibility of providing AIDS
education for the group while other groups were
not approached at all. The Coordinator will work
to decrease duplication of services and broaden
the base of services to new target groups. The
Coordinator will also meet with a contact person
for AIDS education in each high school in the
County, and a seminar would be developed for each
school. Additionally, the Coordinator will work
with the cooperating agencies t❑ schedule
seminars for young adults.
September 28, 1989
Page 797
The Grant would coordinate the local education
effort and provide information and referral
services for education needs, matching the need
with the most appropriate local provider, and the
Coordinator will facilitate bi-monthly meetings
with all cooperating agencies. These meetings
would be used to support each other, share needs,
develop solutions to problems and plan
cooperative, comprehensive educational programs
for the community.
As of September 14, 1989, the Lubbock City Health
Department had reported 212 HIV} individuals.
Staff have a cumulative total of 69 AIDS cases,
with 37 individuals still living. The Lubbock
AIDS Health Care Planning Group estimates that by
the end of 1991, Lubbock will have 1,400 to 3,000
HIV infected people. The Sexually Transmitted
Disease Clinic saw 1,413 patients in June, July
and August of 1989. Fourteen percent of these
patients were under 18 years of age, and 61%
percent were between 19 and 34 years of age.
These two groups of teenagers and young adults
are not the focal group of any AIDS education
being taught by agencies in their programs.
The idea for this Grant was derived from several
meetings the City Health Department scheduled
with various agencies providing AIDS education.
These agencies included: West Texas AIDS
Foundation (WesTAF), Texas Department of Health,
Catholic Family Services, Lubbock Independent
School District, and Mental Health Mental
Retardation of Lubbock. The Grant was discussed
with these and they supported it. The Lubbock
Health Department will work with the agencies in
town which are already conducting AIDS education
to target AIDS education in an organized,
cooperative effort.
Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo to authorize Resolution
#3212 as recommended by Staff. Motion carried:
6 Yeas; 0 Nays.
89-4813-797-5?`8
(23.) Consider Resolution #3213 authorizing the Mayor
to sign an agreement with HDR Engineering, Inc.
for engineering services for the sanitary
landfill.
RESOLUTION #3213
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of
Lubbock an Agreement for Engineering Services by and between the City
of Lubbock and HDR Engineering, Inc. of Dallas, Texas, attached
herewith, which shall be spread upon the minutes of the Council and
as spread upon the minutes of this Council shall constitute and be a
part of this Resolution as if fully copied herein in detail.
September 28, 1989
Page 798
Passed by the City Council this 28th day of September, 1989.
ATTEST:
/s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Is Rita P. Harmon
Rita P. Harmon, Assistant City
Manager for Public Safety and Services
AGREEMENT FILED WITH RESOLUTION #3213
/s/ B. C. McMinn _
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
On September 14, 1989, the City Council
authorized Staff to negotiate a Contract with HDR
Engineering, Inc. in association with Parkhill,
Smith and Cooper for engineering services to
develop a Site Development Plan and prepare the
permit to the Texas Department of Health for a
69.69 acre expansion to the existing landfill.
The response to the proposals included services
for the expansion of the current landfill. HDR,
in addition to the services requested, responded
to the RFP with a recommendation for an optional
scope of services to include the development of a
comprehensive site analysis to maximize the life
of the existing landfill in conjunction with the
expansion to determine which alternatives may be
best for the entire facility to get the maximum
life and use out of the total acreage. The
current landfill was permitted in 1970, and at
that time the Site Development Plan did not
include detailed engineering drawings for the
location and size of trenches or include any
current technology. Some of the tasks to be
examined in the optional services include:
1. Meet with Texas Department of
Health and City representatives to
discuss a plan of implementation
for landfill expansion .end site
optimization. Discuss
hydrogeologic considerations
relative to simple expansion of
the site versus a partial "final
closure". Determine permitting
requirements and time frame for
permit issuance under various
scenarios.
2. Develop drawings illustrating
filling techniques to change the
current operation from a trench
fill method to an area fill
method. Prepare a permit
modification document for the
existing landfill to the Texas
Department of Health and calculate
a revised remaining site capacity
based on area fill.
3. Define "final closure" area and
design the appropriate groundwater
monitoring program to determine
September 28, 1989
Page 799
potential future groundwater
contamination caused by "closed"
fill and prepare a closure plan
for Texas Department of Health
review.
4. Investigate the need for
additional disposal capacity and
determine feasibility of modifying
the expanded area to include
additional adjacent property.
5. Determine the need or lack of it
for relocating Blackwater Draw to
maximize the site life including
necessary permitting and
regulatory approval.
6. Define ultimate limits of fill and
develop an overall concept for
site development.
Staff recommended accepting the original scope of
services as requested in the RFP as well as the
optional scope of services. It is estimated the
current life of the 32O acre landfill is
approximately nine years, with the expanded area
giving the City an additional seven years. Staff
anticipates the Site Optimization Plan, which
looks at various options for the disposal, i.e.,
trench fill versus area fill and closure
scenarios, would expand the current capacity at
the existing landfill and could possibly limit
the financial obligations for closure, thereby
avoiding future costs. The new regulations
require a performance bond for a 30-year Closure
Plan where the current regulations require a 5-
year Closure Plan. Staff indicated it is
difficult to determine the dollar value
associated with an additional year of life in the
landfill; however, if some very basic figures
such as the cost of land, site selection cost,
engineering and permitting are considered, the
value of an additional year of the landfill could
fall between a $30,0OO and $50,000 per year
savings.
According to Staff memo, it was difficult to
determine the actual schedule for this project
because of the inclusion of the optional
services. The optional services identify various
scenarios for modification of existing landfill,
closure, and fill methods. Based on the option
accepted, a time schedule would be prepared at
that time. However, it is anticipated that the
permitting process will take between 12-24 months
with much of the time to be determined by the
Texas Department of Health. They may take up to
six months to review the permit application and
schedule a public hearing.
It was recommended that the Contract with HDR
including optional services listed in the scope
be approved.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to authorize Resolution
#3213, including the optional services
recommended by Staff. Motion carried: 6 Yeas; 0
Nays.
September 28, 1989
Page 800
( 9.) ORDINANCE #9312--Zone Case #2637 (2601and 2603
University Avenue) --Hold a Public Hearing to
consider request of A. Thomas Jones (for Sunset
Church of Christ and Christian Childcare Center
for zoning change from R-2 to A-2_(limited to
church and church related uses and child care
facilities) on Lots 6-8 Block 2 Wonderland
Addition and Lots 16-18 Block 1 Deerwood
Addition.
ORDINANCE #9312
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE NO. 2637; A ZONING CHANGE FROM R-2 TO A-2 ZONING, LIMITED
TO CHURCH USES AND CHILD CARE FACILITIES ON LOTS 6-8, BLOCK 2,
WONDERLAND ADDITION AND LOTS 16-18, BLOCK 1, DEERWOOD ADDITION,
LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING
A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
A. Thomas Jones appeared on behalf of Sunset
Church of Christ and Christian Childcare Center
to present this request for zone change.
No one appeared in opposition to this request.
Mayor McMinn closed the hearing at 10:39 a.m.
According to Staff memo, the two buildings in
this request were built and used for many years
primarily as a church facility. Built prior to
1975, the use, after the 1975 Zoning Code was
adopted, creates a nonconforming status. The
property is zoned R-2. The child care facility
was operated as a Lease from the church for
several years, thus maintaining the nonconforming
status as church -related. Recently, the
proponents purchased the property between 26th
Street and the alley. When Staff contacted them
regarding the need for a zone change to bring the
zoning up to date, they responded with this
request.
Assistant City Manager Jim Bertram gave the
adjacent land uses as follows:
North - Single-family
South - Church property (included in the
zone case)
East - Duplex
West - University Avenue and single-
family
The request does conform to the Comprehensive
Land Use Plan since the non -conforming use is
illustrated on the current Plan. The request
also conforms with Zoning Policy for both church
use and child care centers. That policy has been
to locate church uses and child care facilities
on the perimeter of neighborhoods and adjacent to
major thoroughfares. University Avenue is a
major thoroughfare, and 26th Street is a
collector street through this square mile.
Regarding the effect of this zone change on the
street system, the single most evident complaint
September 28, 1989
Page 801
has been with traffic congestion in the morning
and afternoon delivery times at the center. If
the center were still church related, the use
would remain non -conforming and there would be no
need for a zone change request.
The design of the facility offers no opportunity
for improving traffic flow. There is no access
from the current parking lot to the alley because
of the playground. There simply are a lot of
people at that one spot twice a day, dispersed
among other citizens using 26th Street as a
collector street. Staff recommended that the
proponent counsel with the parents using the
center that there is an actual or perceived
parking problem and ask them not to block the
neighbors' driveways.
In terms of both policy and the existing use of
the buildings, the Staff supports the
recommendation of the Planning and Zoning
Commission.
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker to pass on first reading
Ordinance #9312 as recommended by P&Z and City
Staff. Motion carried: 6 Yeas; 0 Nays.
89-48B-801- 54O
(24.) Consider Resolution #3214 designating a
reme
unhealthful condition ana autnorizing service to
the area unaer spec
RESOLUTION #3214
WHEREAS, the City of Lubbock annexed an area northeast of the
City by Ordinance No. 8025 passed on final reading on April 10, 1980;
and
WHEREAS, there was substantial existing development in that
area at the time of annexation; and
WHEREAS, substandard or non -existing water and sewer systems
have been shown to constitute an extremely unhealthful condition to
this densely populated area; and
WHEREAS, the extension of water and sewer service is necessary
to correct these extremely unhealthful conditions; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT due to the extremely unhealthful conditions
which the City Council find to exist in an area (which forms a part
of said annexed area) is described as follows:
'That area enclosed within the red line on the map
attached hereto and made a part hereof as "Exhibit A"
'The City Council authorizes the use of all available means to
address this condition, including the extension of water and sanitary
sewer imains to the point shown on the attached map called ',,,"Jbit A
without a deposit as required by Section 28-163 of the Lubl .. City
Code, providing such extension of service from the street
authorized by Section 28-151(a) of the Lubbock City Code.
SECTION 2. THAT the water and sanitary sewer system serving
each individual property owner and/or occupant in said area above -
described is to remain a privately maintained water and sanitary
September 28, 1989
Page 802
sewer system, and the connection of said water and sanitary sewer
system int❑ the water and sanitary sewer system of the City of
Lubbock shall in n❑ wise place any legal obligation or duty upon the
City of Lubbock to operate or maintain said private water and
sanitary sewer system.
Passed by the City Council this 28th day of September, 1989.
ATTEST:
Is1 Ranette Boyd _
Ranett:e Boyd, City Secretary
APPROVED AS TO CONTENT:
Isl Wilford D. Watson
Wilford D. Watson, Chief Engineer
Water Utilities
EXHIBIT A FILED WITH RESOLUTION #3214
Is1 B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Isl J. Worth Fullingim
J. Worth Fullingim,
Assistant City Attorney
The City of Lubbock Water Utilities Engineering
Department was contacted some time ago by Mr.
Vincent Mathia, the newly appointed trustee of
the J.E. Franklin Trust for water service to the
existing mobile home subdivision and mobile home
park. The existing homes are being serviced by a
private water system and sanitary sewer system.
The properties have not been platted and
therefore could not be served under the standard
subdivision ordinances.
Mr. Mathia has been working with Staff regarding
a Community Development program to help alleviate
this problem. Staff recommended that Council
allocate CDBG funding to install water and
sanitary sewer lines to the area at an estimated
cost for sanitary sewer of $38,079.81 and an
estimated cost for water of $2,050.04. The
Franklin Estate people would be responsible for
water meter costs and also for the maintenance
and repair of their water system. Additionally,
they would remain responsible for maintaining and
repairing their sanitary sewer system.
This Resolution is a necessary step in allowing
the City to serve the designated area without
platting of the land within the area.
Staff recommended approval of the Resolution.
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter to authorize Resolution
#3214 recommended by Staff. Motion carried: 6
Yeas; 0 Nays.
89-48B-ebj-59I
(25.) Consider Fees for Independent Auditors.
Staff provided Council with copies of a letter
from Mason, Warner and Company setting out their
maximum fee for the audit for the Fiscal Year
ending September 30, 1989. The maximum fee, as
indicated in the letter, is $80,000, both the fee
September 28, 1989
Page 803
and the hourly rates are the same as those for
last year. Hourly rates are as follows:
1989
Partners 120.00
Managers 88.00
Seniors 56.00 to 68.00
Staff 45.00
The Agreement with Mason, Warner and Company is
for one year with provision to extend the
Agreement for an additional four periods.
Acceptance of Mason, Warner and Company's fee
letter for Fiscal Year ending September 30, 1989,
would constitute the fifth and final extension of
this Agreement.
Staff recommended approval.
Motion was made by Councilman Carpenter, seconded
by Mayor Pro Tem Baker to accept fees for
independent auditors for Fiscal Year ending
September 30, 1989 as recommended by Staff.
Motion carried: 6 Yeas; 0 Nays.
89-488-803-5.92
(26.) BID #10344--Electrical switches (Electric
Distribution .
Cummins Supply, Amarillo--6 Electrical switch,
single-phase, pad -mounted.
Temple, Inc.--4 Vacuum switch, 3-way, 3-switched;
4 vacuum switch, 4-way, 4-switched.
Motion was made by Councilwoman Trejo, seconded
by Mayor Pro Tem Baker to authorize low bids
meeting specifications. Motion carried: 6 Yeas;
0 Nays.
89-48B-803-593
(27.) BID #10340--Fire Department uniforms Fire
Department).
Daco Fire Safety Equipment--600 Long sleeve blue
shirts; 100 long sleeve white shirts; 30 short
sleeve white shirts; 500 uniform trousers.
Blauer Manufacturing, Humble--9 Foul weather
jackets.
Donovan Uniform Co., Inc., Dallas--100 Fire Dept.
dress trousers; 40 Fire Dept. dress jackets; 100
Fire Dept. uniform dress caps.
Uniforms of Texas, Dallas -500 Short sleeve blue
shirts.
Motion was made by Councilwoman Trejo, seconded
by Mayor Pro Tem Baker to authorize low bids
meeting specifications. Motion carried: 6 Yeas;
0 Nays.
89-48B-803-94
(28.) BID #10363--Abandoned Vehicles Contract, and
authorize same (Police Department).
September 28, 1989
Page 804
RESOLUTION #3215
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 RP's Heavy
Duty Towing for abandoned vehicles, attached herewith, which shall be
spread upon the minutes of the Council and as spread upon the minutes
of this Council shall constitute and be a part of this Resolution as
if fully copied herein in detail.
Passed by the City Council this 28th day of September, 1989.
ATTEST:
Is Ranette Boyd
Ranett:e Boyd, City Secretary
APPROVED AS TO CONTENT:
Isl Gene Eads
Gene Eads, Purchasing Manager
CONTRACT
STATE OF TEXAS
COUNTY OF 1-1-IBBOCK
Isl B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Is1 Harold Millard
Harold Millard, Assistant
City Attorney
THIS AGREEMENT, made and entered into this 14th day of
September, 1989 by and between the City of Lubbock, County of
Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor,
thereunto authorized to do so, hereinafter referred to as OWNER, and
RP's Heavy Duty Towing 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. 10363 - ABANDONED VEHICLES CONTRACT FOR THE AMOUNT OF
$12.00 PER VEHICLE
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 ara
services necessary to complete the said construction in accordant-,,
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 -',e proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment on account thereof as provided
therein.
September 28, 1989
Page 805
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
ATTEST:
Secretary
COMPLETE ADDRESS:
RP's Heavy Duty Towing
711 Erskine
Lubbock, Texas 79464
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Harold Willard
RP'S HEAVY DUTY TOWING
CONTRACTOR
By: /s/ Bob Turner
/s/ Royce Parrish
TITLE: Owners
RP's Heavy Duty Towing --Annual price for
abandoned vehicle removal and storage (price per
vehicle).
Motion was made by Councilwoman Trejo, seconded
by Mayor Pro Tem Baker to authorize Resolution
#3215 as recommended by Staff. Motion carried:
6 Yeas; 0 Nays.
89-488-805 ,2595
(29.) BID #10332--Air ort liability insurance
(Finance).
Republic Hogg Robinson of Texas --Airport General
Liability - $5,000/$15,000 Deductible -
$11,000,000 coverage.
The Sanford Agency --Public Official Liability
Insurance - $25,000 Deductible/$2,000,000 Each
Wrongful Act - $5,000,000 Annual Aggregate.
Motion was made by Councilwoman Trejo, seconded
by Mayor Pro Tem Baker to authorize low bids
meeting specifications. Motion carried: 6 Yeas;
0 Nays.
89-48E4-805- 596
(30.) BID #10308--Lighting supplies (Parks and
Recreation).
Fields & Company--65 Luminaire bracket.
General Electric Supply Co.--65 Steel pole, 30'.
Motion was made by Councilwoman Trejo, seconded
by Mayor Pro Tem Baker to authorize low bids
meeting specifications. Motion carried: 6 Yeas;
0 Nays.
September 28, 1989
Page 806
(31.)
Mold an Executive
0
Complete Count Committee
Community Services Commission
Housing Standards Commission
Temporary Playa Lake/Drainage Study Committee
Urban Design and Historical Preservation
Commission
At 11:30 a.m., Councilman Phillips joined Council for the remainder
of the meeting.
89-48B-806-597
(32.) Consider one appointment to the 1990 Complete
Count Committee 1990 Census). Jay Harris
declined appointment.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Maloy to appoint Bob Horton to
replace Jay Harris on the 1990 Complete Count
Committee. Motion carried: 7 Yeas; 0 Nays.
89-48B-806�98
(33.) Consider eight appointments to the
ces Commission. The terms of .aim Kers
arbara Ginsberg. Nat Kiser
Castaneda Verlina Carroll and Burnis Henderson
expire Auaust 31. 1989 and one neighborhood
on
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Patterson to reappoint Roger
Greene, Nat Kiser, and Verlina Carroll and to
appoint Jay Ibarra, Jr. to replace Jim Kersey,
Myra Burris to replace Barbara Ginsberg, Mary
Jane Botell❑ to replace Carmen Castaneda, Fr.
David Cruz to fill one neighborhood position
(Carlisle), and Carolyn Tieg to replace Burnis
Henderson on the Community Services Commission.
Motion carried: 7 Yeas; 0 Nays.
89-48B-806- 599
(34.) Consider one appointment to th
Commission to fill the unex it
McLean. Mr. McLean's term was
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Maloy to appoint Larry Lowe to fill
the unexpired term of Mike McLean on the Housing
Standards Commission. Motion carried: 7 Yeas; 0
Nays.
89-48B-806•60'
(35.) Consider one appointment to the temporary Playa
Lake/ Drainage Study Committee. Pat Hixson
dec'ined her appointment.
September 28, 1989
Page 807
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Maloy to appoint Vada White to
replace Pat Hixson on the temporary Playa
Lake/Drainage Study Committee. Motion carried:
7 Yeas; 0 Nays.
89-48B-807-601
(36.) Consider one appointment to the Urban
Historical Preservation Commission.
Leo Padgett expired September 14, 198
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Maloy to appoint David Miller to
replace Leo Padgett on the Urban Design and
Historical Preservation Commission. Motion
carried: 7 Yeas; 0 Nays.
There being no further business to come before Council, motion was
made 13y Councilman Patterson, seconded by Councilman Phillips to
adjourn the meeting at 11:50 a.m. Motion carried: 7 Yeas; 0 Nays.
B. C. MCMIN , MAYOR
qRante
Boyd, City Secre ary
READ AND APPROVED THIS 12th DAY OF OCTOBER, 1989.
C'
t
B. C. McMI N, MAYOR
qRanete Boyd, City Secr ary
R-22-1
THE: STATE OF TEXAS
COUNTY OF LUBBOCK
Before me Frances Re.rn an d e z. a Notary Public in and for Lubbock County. Texas on this day
personally appeared T.J. 'Afui_I t s Account MAnager of the South• NOTICE OFW~
pers Corporation, publishers of the Lubbock Avalanche -.Journal — Morning. Evening . PUBLIC HEARING
NOTICE Is hereby given that the
being by me duly sworn did depose and say that said newspaper has been published Conti C1iy Council will hold • Public
bw
than fifty-two weeks prior to the first insertion of this Legal Notice Hearing at 10:-V Thursday, to tSepe City
- 4E. 1999. al 10:30 A.M., in The City
5 6 5 3 8 Council Chambers, 1625 13th Street.
No. at Lubbock County. Texas and t Lubbock. Texas, 10 consider the
L e Q a recommendations tw The Planning
ed copy of the _ is a true copy of the original
and was print end Zoning Commission that zon.
$ e A t e m 6 e r 13, 1989 9 Ino be changed on certain proper.
Avalanche -,Journal on the following dates: ties In Lubbock, Texas. All inter-
13 2 Words is .46 � 6 Q . 7 2 ested persons may speak, then the
f City Council will act on such rec-
F r I ommendalions. The lacewing zone
Cases will be heard.
ZONE CASE NO. %37: Reddest of
2�{�� A. Thomas Jones (for Sunset
C,,y Church eI Christ and Christian
ChildcareCenTtr) for xoninp
change from R-2 to A•2(limited Io countManager church d Church related uses
and child care facilities) on Lots
LUBBOCK AVALANC'HE�-JOURNAL an Lots 2. Wonderland Addiflon
and Lots la-lp, Block 1, Ueer+yootl
Addition (260) and 2603 University
Southwestern Newspapers Corporation Avenue).
R-221
Subscribed and sworn to before me this _1d day of October ig 89
FORM 58-10
City of Lubbock
Temp. Order 10--3-89 Agenda
STATE OF TMS
COUNTY OF Lubbock
Before me, the undersigned authority, ou this day
personally appeared
J. Aufill
Who being by ire duly sworn, deposes and says that Whe
the Account Manager of
_ Luhb o-ck Avalanche -Journal _; that said
newspaper is regularly published in
County (Counties), Texas, and generally circulated in
S u rra un d ing County
'texas; that the attached notice was published in said
newspaper on the following date(s), to wit:
September 99 1989
sentatives
Subscribed and sworn to before me this the 11
of September , 19 89 , to certify
witness my band and seal of office.
(SEAL)
Al
Tf' �- •res
' M'/,LVff�r:..iif:iR LKj�
_---
or
Texas
Frances Hernandez
Print or Type. Name of Notary Public
Hy Commission Expires 7-6-91
NOTICE OF PUBLIC HEARING
HS Texas Water Commission wilt
ewtuct a public hearing at
D:00 a.m- • TueWay. October 3,
fe9
flWam B. Travis Slate Office
dllding - Room 1-111
701 North Congress Avenue - Avs-
n. Texas. 78701
he purpose of the hearing will be
1 determine whether a Temporary
►der, pursuant Oo 26191, TEXAS
'ATER. CODE, And 31 7AC
75.21-305.30 of the Rulas of }he
axes Wafer Commission. should
s issued to the City of Lubbock,
.O. Box 2000, Lubbock. Texas
The City of Lubbock has applled to
he Texas Water Comm lsMon for a
emporary Order to authorize &s-
d nosal of treated wastewater from
wastewater treatment facilities
covered under Permit no. 103S3-D2.
Disposal would be by irrigation on
an add] t lona 11500 acres of land ad-
lacent to or In the vicinity of the
Gray Farm in Lubbock, Lubbock
County, Texas. The City of Lvbb
bock shall maintain acontract with
landowners, whose property is au.
thorned for disposal of effluent by
the Temporary Order, and main -
lain lain supervisory and management
control over the lane to assure that
crops suitable for Irrigation are
maintained and that the allowable
application rate is not exceeded.
Application rates for the Irrigated
laud shall not exceed 41 acre-
feetlacrelvear and the bidCheml.
Cal oxygen demand fBODSI con•
centratldn shad not exceed 4s milli-
grams per liter (mgl) 30-dav aver-
age. The City of Lubbock is re-
questing this temporary order
while their application for amend-
ment to permit No. 103SM is be•
ing processed by the Commission.
The applicant has stated; tl l Such
a request is Iustlfied to prevent a
discharge of materials or an over-
loading of the currently authorized
lands which will result in severe
property damage., (2) That there
are no feasible alternatives; cal
There are no significant hazards to
human life and health, unreason-
ably damage to property o► Per-
son"sons other than Otte sPolicani. or
economic loss to per-
sons Other than One appilcant.
The temporary order, if Issued,
would authorize the city of Lub-
bock td di pose of treated effluent
on an addi�Ionat 7500 acres of land
adlaceni to or In the vicinity of the
Gray Farm pursuant go the terms
and conditions set forth in the pro.
Posed temporary order. The issu-
ance of the temporary order shall
not in any way constrain, bind, or
Commit the commission in its deci-
sion on any application or request
by the City of Lubbock, including
the pending application for the
amendrhanl to permit No. I03S3.02,
or in Its decisions or posltlons in
BAY other Preceding or matter be-
fore the commission. The order
shall expire 1, days after issu-
ance. or upon approval of the pro -
Posed amendment to permit All
bar 10353.02, which aver occurs
Ifni.
Further Information Concerning
this application Poll, a temporary or.
der may be obtained by confading
Irene L. Manteiongo, Staff Alter -
hey, P.O. Box 13M7, Capitol Sta.
tion. Austin, Texas, 71171t, Tele-
phone $12.463-8069. Information
concerning participating in hear.
Ings maybe obtained by contact]no
the public interest Advocate, Cvn.
thin Haves, of P.D. Box IX07. Cap.
itol Station, Austin. Texas,
78711.3087, Telophorm 512-463.903D.
Issued this 1st day of September,
I M.
Brenda W. Foster, Chief Clerk
Texas Water Commission
SECOND
R-242 READING OROINANCES
pRDINANCE NM 91]7
THE. STATE OF TEXAS INGAANORDINANCE CLOSING A OANDDPORTION
COUNTY OF LUBBOCK OF 13TH STREET ADJACENT To
Frances Hernandez BLOCIKS 72 AND 73, OVERTON
Before me a Nptary F Vic• in and for Lubbock County. T ADDITION TO THE CITY of
persona 11y appeared T.J. A u ill 1 c e'n u n M a n a e r 1. h LUBBOCK. LUBBOCK COUNTY
pers Corporation, publishers of the Lubbock Avalanche -Journal
being by me duly sworn did depose and say that said newspaper
than fifty-two weeks prior to the first insertion of
N
- No- 506614
t
this
ed copy of the L! �= a I V i c e is a true
Avalanche -.Journal on LLhe f awin dd t s:
231 words [a . _z`.52
Account anager
LUBBOCK AVALANCHE -.JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to betore me thss 10 day of
FORM 58.10
of t C° SOut TEXAS, AND MORE PARTICU-
LARLY 1 — Morning. Evening c BODY OFTHSSORp NANCE' DCRIBED IN I-
llas bern Ruglished conti� TO MARK THE OFFI� AL MAPS
L e g a U 1 c e OF THE CITY OF LUBBOCK TO
REFLECT SAID ABANDONING
at Lubbock County, Texas and t AND CLOSING; PROVIDING A
SAVINGS CLAUSE; A14D PRO.
Copv Of the on inal and was rin VIDI NG FOR PUBLICATION.
e p t. 301 Act. 7, 1(f89 / ORDINANCE NO.
October 19
AN ORDINANCE ALTERING
THE
' ITS ONRCERTAIN P OF
SPEED L
PORTIONS OF
EAST BRO RE PA TI ULARLHERE -
AFTER MORE PARTICULARLY
DESCRIBED IN THE BODY OF
THIS ORDINANCE; DIRECTING
PLACEMENT OF SIGNS WITH
RESPECT THERETO; REPEAL.
::•!-r-; �', jl�i- ING CONFLICTING ORDI-
pr;r NANCES TO THE EXTENT OF
SUCH CONFLICT; APPLICATION
OF THIS ORDINANCE ONLY TO
STREETS OR IGHWAYS
NAMED HEREN,IPROVIDING
THIS ORDINANCE SHALL BE
CUMULATIVE; PROVIDING A
PENALTY; PROVIDING A SAV.
8[� INGSCLAUSE; ANOPROVIDING
9 FOR Pl,., rrer,n.,
OR D I NA NC E NO. 031)
TEXAS MUN ICI PAL
RETIREMENT SYSTEM
AN ORDINANCE AUTHORII-
ING AND ALLOWING, UNDER
THE ACT GOVERNING THE
TEXAS MUNICIPAL RETIRE.
MENT SYSTEM, '•Uppgrg0
SERVICE CREDITS" IN SAID
SYSTEM FOR SEl�yICE PER-
^ORMED BY QUALIFYING
AEMaERS OF SUCH SYSTEM
NHO PRESENTLY ARE IN THE
?F LUBB CK TESTABL SHING