HomeMy WebLinkAboutMinutes - City Council - Regular - 10/12/1989Page 808
CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
OCTOBER 12, 1989
10:00 A.M.
The City Council of the City of Lubbock, Texas met in regular session on
the 12th day of October, 1989 in the City Council Chambers, first floor,
City Hall, 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 Gary Phillips, Councilman Bill Maloy, Councilman
George Carpenter, Councilwoman Maggie Trejo, City Manager Larry J.
Cunningham,•City Attorney John C. Ross, Jr., and City Secretary Ranette
Boyd.
Mayor McMinn called the meeting to ❑rder at 10:00 A.M.
( 1.) The Invocation was given by Ranette Boyd, City
Secretary.
( 2.) The Pledge of Allegiance was given in unison by those
in the Council Chambers.
{ 3.) Motion was made by Councilman Patterson, seconded by
Councilman Phillips t❑ approve the Minutes of the
September 28, 1989 Regular City Council meeting as
written. Motion carried: 7 Yeas; 0 Nays.
( 4.) Proclamation
"Recycling Month" -- October, 1989
"Red Ribbon Week" -- October 22-29, 1989
( 5.) Board Appointments
89-48B-808-602
( 6.) Chuck Kershner
:or October 13
to obtain
Chuck Kershner appeared on behalf of the NCNB to
request a Loudspeaker Permit in conjunction with a
barbecue and dance.
Regarding the requirements for obtaining signatures
indicating approval from those living nearby, one
citizen indicated disapproval, two did not sign the
petition, and the remaining 26 expressed approval ❑f
the Permit.
Motion was made by Councilman Patterson, seconded by
Councilwoman Trejo to approve issuance of a
Loudspeaker Permit t❑ NCNB for October 13, 1989.
Motion carried: 7 Yeas; 0 Nays.
89-48B-809-6 03
( B.)
October 12, 1989
Page 809
ORDINANCE #9312--Zane Case #2637 (2601 and 2603
University) --Request of A. Thomas Jones (for Sunset
Church of Christ and Christian Childcare Center) fa
zoning change from R-2 to A-2 (limited to church an
church related uses and child care facilities) on L
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, DEERnOOD ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
89-488-809-7604
( 9•)
Motion was made by Councilman Carpenter, seconded by
Councilman Patterson to pass on second and final
reading Ordinance #9312 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
ti
u
RESOLUTION #3216
16 authorizin
. 1 to Pro_iec
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
to
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock a Change
Order No. 1 to Project No. 9421 to be entered int❑ by and between said
City of Lubbock and Williams & Peters Construction Company, Inc. related
to K. N. Clap; Park parking lot renovation, 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 ❑f this Resolution as if
fully copied herein in detail.
Passed by the City Council this 12th day of October, 1989.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Larry V. Hoffman
Larry V. Hoffman, Director of
Transportation
/s B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
s/ J. Worth Fullin im
J. Worth Fullingim, Assistant
City Attorney
TO: Williams & Peters Constructiton Co., Inc.
P.O. Box 5215
Lubbock, Texas 79417
Gentlemen: CHANGE ORDER NO 1 to PROJECT NUMBER 9421
Whereas, it is desirable to make changes in the plans and
specifications for this project, being namely Change Order No. 1.
October 12, 1989
Page 810
Original Amount of Contract $77,938.55
Increased by Change Order No. 1 10 488.00
Total Amount of Contract $88.426.D5
Construction completion time is extended five (5) working days for a
total of fifty (50) working days.
THIS AGREEMENT WITNESSETH: In consideration of the mutual
advantages gained, the Owner and the Contractor agree to the change shown
herein and in the revised plans, the Owner agrees to pay the Contractor
the amount of increase in cash. The Contractor agrees to proceed with
construction and to adhere to applicable specifications, under the
direction of the Engineer. Furthermore, the parties agree that the
original contract between the Owner and the Contractor shall be modified
to the extent herein indicated, including one (1) attachment.
IN WITNESS WHEREOF, the Owner and the Contractor have hereto set
their hands this 12th day of October, 1989.
WILLIAMS & PETERS CONSTRUCTION CO., INC.
(Contractor)
BY:�s. Dean Williams TITLE:_President
Dear, Williams
Williams & Peters Construction Co., Inc.
BY:/s/ B. C. McMinn
B. C. McMinn
Mayor
slim Bertram
Jim Bertram
Assistant City Manager
CITY OF LUBBOCK
(Owner)
ATTEST: s Ranette Boyd
Ranette Boyd
City Secretary
RECOMMENDED FOR APPROVAL
L/ Larry V. Hoffman
Larry V. Hoffman
Director of Transportation
/5 Bob Cass
Bob Cass
Deputy City Manager
/s/ Lee Osborn
Lee Osborn
Director of Parks & Recreation
K.N. CLAPP PARK PARKING LOT RENOVATION
PAVING IMPRDVEMENTS
PROJECT NUMBER 9421
CHANGE ORDER NO. 1
Construction
quantity
Unit Price
Amount
1.
Sidewalk
300
S.Y.
12.75/S.Y.
3,825.00
2.
Drive Approach
200
S.Y.
$20.00/S.Y.
$ 4,000.00
3.
Valley Gutter
85
S.Y.
$20.00/S.Y.
$ 1,700.00
4.
Curb & Gutter
180
L.F.
$ 5.35/L.F.
$ 963.00
TOTAL OF CHANGE ORDER NO. 1 $10,488.00
This change order in the amount of $10,488 will
provide for a sidewalk along the south side of the
parking lot adjacent to the swimming pool and
expansion of the service drive to the pool and
equipment storage fenced area. This change order also
extends the completion date by five working days for a
total of 50 working days. Staff recommended approval.
Motion was made by Councilwoman Trejo, seconded by
Councilman Maloy to authorize Resolution #3216 as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
October 12, 1989
Page 811
89-48B-811-�05
(10.) Consider Resolution #3217 authorizing the Right -Of -Way
Department to make an offer to Don Robison and wife,
Josephine Robison, for a 3.63 acre road parcel located
in Section 104, Block 5, a 60' Water Line Easement
located in Section 104, Block 5, and a 60' Water Line
Easement located in Sections 120 and 132, Block 5, all
in Garza County, Texas.
RESOLUTION #3217
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality
located in Lubbock County, Texas, has determined and does hereby determine
that the pubic needs, safety and welfare demand and create a public
necessity for the acquisition of additional land for municipal public uses
and purposes, to -wit: fee simple title to land hereinafter described for
access and any other lawful purpose in connection with the extension of
the water works system of the City of Lubbock, easement title to two
tracts of land hereinafter described together with rights of ingress,
egress, and regress thereto at any and all times to accomplish the
following purposes: allowing but not limited to construction,
reconstruction, erection, repair, inspection, patrolling and maintaining
of a water line, in connection with the extension of said water system,
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:
S1=CTION 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:
DESCRIPTION
BEING the description of a 3.63 acre tract out of Section 104,
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 Southeast corner of
said Section 104 and the Southeast and beginning corner of
this tract;
THENCE North 88021'41" West, along the South line of said
Section 104, 5276.69 feet to a 112" iron rod set for the
Southwest corner of said Section 104 and the Southwest corner
of this tract;
THENCE North 01039'47" East, along the West line of said
Section 104, 30.00 feet to a 112" iron rod set for the
Northwest corner of this tract;
THENCE South 88021'41" East 5276.70 feet to a 112" iron rod
set for the Northeast corner of this tract;
THENCE South 01041'04" West, along the East line of said
Section 104, 30.00 feet to the PLACE OF BEGINNING.
CONTAINING 3.63 acres.
SECTION 2. THAT the easement title together with ingress, egress,
and regress thereto to the two following described tracts of land herein
designated "Tract A" and "Tract B", both being located in Garza County,
Texas, be acquired for public purposes and municipal purposes as set forth
in the preamble hereof, to -wit:
October 12, 1989
Page 812
TRACT A
DESCRIPTION
BEING the description of a 60.0 feet water line easement in
Section 104, Block 5, H.&G.N. R.R. Co. Survey, Garza County,
Texas, and being more particularly described as follows:
BEGINNING at a point for the Southwest and beginning corner of
this easement, whence the Northwest corner of Section 104,
Block 5, bears North 88117'06" West, 2045.6 feet;
THENCE South 88017'06" East, along the North line of Section
104, Block 5, 102.10 feet to a point, for the Northwest corner
of this easement;
THENCE South 52017'34" East, 3871.25 feet to a point, for the
Northeast corner of this easement;
THENCE South 1041'04" West, along the East line of Section
104, Block 5, 74.19 feet to a point, for the Southeast corner
of this easement;
THENCE North 52017'34" West, 3997.49 feet to the PLACE OF
BEGINNI NG.
CONTAINING 5.42 acres, being 238.45 centerline rods.
TRACT B
DESCRIPTION
BEING the description of a 60.0 feet water line easement in
Section 120 and 132, Block 5, H.&G.N. R.R. Co. Survey, Garza
County„ Texas, and being more particularly described as
follows:
BEGINNING at a point for the Northwest and beginning corner of
this easement, whence the Northeast corner of Section 132,
Block 5.. bears South 88119'39" East, 871.1 feet;
THENCE South 56013'55" East, at 1028.71 feet pass the East
line of Section 132, Block 5, and the West line of Section
120, 7264.50 feet to a point for the Northeast corner of this
easement;
THENCE South 1039'47" West, along the East line of Section
120, 70.83 feet to a point for the Southeast corner of this
easement;
THENCE North 56013'55" West, at 6235.74 feet pass the West
line of Section 120, and the East line of Section 132, Block
5, 7397.80 feet to a point for the Southwest corner of this
easement;
THENCE South 88119'39" East, along the North line of Section
132, Block 5, 112.92 feet to the PLACE OF BEGINNING.
CONTAINING 10.10 acres, being 444.31 centerline rods.
SECTION 3. THAT the owners of said tract, being Don Robison and
wife, Josephine Robison, BE offered through the Right -of -Way Department of
the City of Lubbock the amount of $2,904.00, 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 said owners be offered the
amount of $13,655.20 for the easement title to Tract A and Tract B
hereinabove described together with ingress, egress, and regress thereto,
for a total offer to the owners of $16,559.20 for the fee simple title
land and easement title land together with ingress, egress, and regress
thereto, for the use and benefit of the City of Lubbock, Texas, for the
purposes herein stated, and unless accepted
of said City of Lubbock is hereby authorized
condemnation (eminent domain) proceedings to
and easement title with ingress, egress, and
as hereinabove described for public purposes
October 12, 1989
Page 813
forthwith, the City Attorney
and instructed to institute
acquire the fee simple title
regress thereto, to said land
and municipal purposes.
Passed by the City Council this 12th day of October, 1989.
ATTEST:
Is/ Ranette Boyd _
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
1 sl Ed Bum
Ed Bucy, Right -of -Way Agent
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Isl J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
This offer is for a tract of land and easement areas
located approximately seven miles northeast of
Justiceburg, and they are needed for the Lake Alan
Henry Project. This is a 3.63 acre tract of land 30'
wide by 5276.70' long which is needed for the private
service road to the dam. The two 60' wide Easements
are being acquired for the water line running from the
dam to Lubbock. Acquisition price for this is $2,904
or $800 per acre.
The first Easement is 238.45 rods long and the second
Easement is 444.31 rods long for a total length of
682.76 rods. At $20 per rod, total Easement
acquisition price is $13,655.20. The total for both
the fee simple and the easements is $16,559.20, which
is the City of Lubbock's offer to the Robisons. Staff
recommended approval.
Motion was made by Mayor Pro Tem Baker, seconded by
Councilwoman Trejo to authorize Resolution #3217 as
recommended by Staff. Motion carried: 1 Yeas; 0
Nays.
89-48B-813-606
(11.) Consider Resolution #3218 authorizing the Right -of
Department to make an offer to Paul L. Brunson and
wife, Vida Harrison Brunson for the east 5' of Lot
and all of Lot 1. Block 16. Mvrtle Slaton Addition
RESOLUTION #3218
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality
located in Lubbock County, Texas, has determined and does hereby determine
that the public needs, safety and welfare demand and create a public
necessity for the acquisition of additional land for municipal public uses
and purposes, to -wit: for the widening of Indiana Avenue, 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 Lubbock County, Texas, be acquired for public
purposes and municipal purposes as set forth in the preamble hereof, to -
wit:
October 12, 1989
Page 814
The East five (5) feet of Lot 2 and all of Lot 1, Block 16, Myrtle
Slaton Addition No. 3, an Addition to the City of Lubbock, Lubbock
County, Texas.
SECTION 2. THAT the owner,, of said tract, being Paul L. Brunson
and his wife, Vida Harrison Brunson, BE offered through the Right -of -Way
Department of the City of Lubbock the amount of $58,000 which is the
amount appraised as the value and total damages for the fee simple title
and acquisition of said real estate hereinabove described, for the use and
benefit of the City of Lubbock, Texas, for the purposes herein stated,
and unless accepted forthwith, the City Attorney of said City of Lubbock
is hereby authorized and instructed to institute condemnation (eminent
domain) proceedings to acquire the fee simple title to said land as
hereinabove described for public purposes and municipal purposes.
Passed by the City Council this 12th day of October, 1989.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
s B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant
City Attorney
This property is located at the southwest corner of
42nd Street and Indiana Avenue (3401 42nd), and is
needed for the widening of Indiana Avenue. Don
Harris, M.A.I., appraised this property for $58,000,
which is the City's offer to the Brunsons. The Right -
Of -Way Department reviewed the appraisal and found it
adequate and within the market range of value. Staff
recommended approval.
Motion was made by Councilman Patterson, seconded by
Mayor Pro Tem Baker to authorize Resolution #3218 as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
89-48B-814-607
(12.) Consider Ordinance #9313 abandoning and closin
Easement located in Section 15 Block E-2
County, Texas.
ORDINANCE #9313
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A STORM WATER
STORAGE AND DRAINAGE EASEMENT LOCATED IN SECTION 15, BLOCK E-2, 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 ABANDONMENT AND CLOSING; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
This Ordinance closes a portion of a Storm Water
Storage and Drainage Easement just south of 82nd
Street and east of Slide Road in the Lakeridge area,
and the area being closed is 56,755 square feet (or
1.303 acres). A new Cut and Fill Plan has been
submitted. The proponent of this closure is Lakeridge
Country Club Estates, Inc., the original dedicator of
this Easement. The $150 application fee has been paid
and the final plat has been submitted. Staff
recommended approval.
Motion was made by Councilman
Councilman Phillips to pass on
#9313 as recommended by Staff.
Yeas; 0 Nays.
89-48B-815-608
(13.) Consider Ordinan
ocated in Sect
ORDINANCE #9314
October 12, 1989
Page 815
Carpenter, seconded by
first reading Ordinance
Motion carried: 7
d close a
un
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A STORM WATER
STORAGE AND DRAINAGE EASEMENT LOCATED IN SECTION 11, BLOCK E-2, 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 ABANDONMENT AND CLOSING; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
89-48B-815.609
(14.)
89-48B-815-611)
(15.)
This Easement to be abandoned and closed is located
north of 82nd Street and just east of Quaker Avenue in
the King's Gate North area and was dedicated by
separate instrument, Volume 2725, Page 280 of the
Lubbock County Deed Records in January, 1988. This
closure releases the legal description which was in
the recorded instrument. Area being closed is 19.8325
acres. A Cut and Fill Plan has been approved for this
reclaimed area. Proponent of this closure is Graco,
Inc., who was the dedicator of this Easement. The
$150 application fee has been paid. Staff recommended
approval.
Motion was made by Councilwoman Trejo, seconded by
Councilman Patterson to authorize Resolution #9314 as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
and conditions of sale
Number 33500-16-140 in the Lubbock NDP Urban Renewal
This is a routine sale of property by the Urban
Renewal Agency to Spectrum Construction, Inc., Gary
Patton, President, for $1,463. This property (at 1010
Second Street) is to be redeveloped as a single-family
residence and is properly zoned for this. The sale
was approved by the Urban Renewal Board of
Commissioners on September 19, 1989.
Motion was made by Councilman Patterson, seconded by
Councilman Carpenter to accept the price and
conditions of sale of Parcel Number 33500-16-140 in
the Lubbock NDP Urban Renewal Area as recommended by
Staff. Motion carried: 7 Yeas; 0 Nays.
Consider Resolution #3219 authorizing the Mayor to
sign a "Youth Sports to Combat Drugs in Public
Housing" Grant Application and consider allocation of
Community Development Contingency Funds.
RESOLUTION #3219
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
October 12, 1989
Page 816
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
Application for Federal Assistance by and between the City of Lubbock and
the United States Department of Housing and Urban Development in the
amount of $50,000 for Youth Sports Clubs To Combat Drugs in Public
Housing, 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 ❑f this Resolution as if fully copied herein in detail.
Passed by the! City Council this 12th day of October, 1989.
ATTEST:
Is Ranette-Bo d
Ranette Boyd„ City Secretary
APPROVED AS TO CONTENT:
/s Sande Ogletree
Sandy Ogletree, Community
Development Administrator
Is1 B. C. McMinn
B. C. MCMINN, MAYOR
APPROVED AS TO FORM:
Isl Teresa J. Wright
Teresa J. Wright, Assistant
Trial Attorney
APPLICATION, EXHIBIT A, EXHIBIT B, & EXHIBIT C FILED WITH RESOLUTION.
The objective of the Youth Sports program is to aid
youths by providing positive youth programs in areas
affected by drug problems. The emphasis is on public
housing sites, but the City's proposal is not limited
to Housing Authority children. The target groups are
low-income and high -risk youth.
The Grant is funded by the Department ❑f Housing and
Urban Development (HUD) through the Secretary's
Discretionary Fund in the amount of $25,ODO and
requires a 100% local funding match. Between 38 and
100 Youth Sports Grants will be awarded on a
competitive basis to communities throughout the
country. The Youth Sports Grants will be awarded in a
method to achieve an equitable geographical
distribution and will be a one-time only Grants.
The City of Lubbock's proposal is to allocate CDBG
funds for the required match and will provide a total
project fund of $50,000 to utilize the development ❑f
new sports programs as well as expand the existing
efforts to assist youth. The Youth Sports Grant
specifies the percentage of funding that may be
allocated t❑ various types of activities. The Grant
stipulates that a maximum of $28,750 may be used for
public services activities which include the
development of educational programs related to drug
abuse, cultural programs, and the purchase of sports
equipment. The Grant allows for 20% ❑r $5,000 to be
used for program administration, and the remaining
balance of $16,260 must be used for acquisition,
construction, or rehabilitation of community centers,
or parks that are utilized by youth sports ❑rgani-
zations.
In developing the application an analysis of sports
activities was compiled to help identify gaps in
existing services, overlapping activities including
non-profit activities, and City -sponsored programs.
This analysis will assist in the evaluation of
projects and in the targeting of the needs.
October 12, 1989
Page 817
In order to allocate the Youth Sports Grant, the City
of Lubbock will establish a Special Projects Task
Force which will solicit and evaluate project
proposals under the Human Relations Commission. The
Task Force will evaluate funding proposals on the
qualifications and experience of the organization's
key personnel, the severity of the drug problem in the
targeted area, the number of youth assisted, and the
target population to be assisted. Organizations
receiving funding will be required to sign a Funding
Agreement which will define the activity being
administered by the organization and the funding
level. Grant approval is anticipated for the end of
December, 1989.
Motion was made by Councilman Patterson, seconded by
Councilwoman Trejo to authorize Resolution #3219 as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
89-48B-817-611
(16.) Consider Ordinance #9315 establishing a 35
ana utica
ue.
ORDINANCE #9315
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN
PORTIONS OF 74TH STREET AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE
BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO;
REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT;
APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS NAMED HEREIN;
PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Seventy -Fourth Street is constructed and classified as
a "collector" street. The north side of 74th Street
is zoned for commercial and high -density residential
uses. The south side of 74th Street is zoned for
commercial, high -density residential, and low -density
residential uses; however, there are no single-family
homes fronting on 74th Street. A recent speed study
shows that the 85th percentile speed in this area is
in excess of 35 MPH, but because of the type of zoning
in the area, Staff recommended that a speed limit of
35 MPH be established.
Motion was made by Councilman Phillips, seconded by
Councilwoman Trejo to pass on first reading Ordinance
#9315 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
89-4BB-817-612
(17.) Co
a
n #3220 authorizi
rior
e un
to
Flow and Water Quality Gauging Stations at Justiceourg
RESOLUTION #3220
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 Joint
Funding Agreement by and between the City of Lubbock and the United States
Department of Interior, Geological Survey, attached herewith, which shall
be spread upon the minutes of the Council and as spread upon the minutes
October 12, 1989
Page 818
of this Council shall constitute and be a part of this Resolution as if
fully copied herein in detail.
Passed by the City Council this 12th day of October, 1989.
ATTEST:
Is/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Is1 Sam Wahl
Sam Wahl, Director of Water
Development
Isl B. C. McMinn
B.C. McMINN, MAYOR
APPROVED AS TO FORM:
IsZ John C. Ross, Jr.,
John C. Ross, Jr., City
Attorney
DEPARTMENT OF THE INTERIOR
GEOLOGICAL SURVEY
JOINT FUNDING AGREEMENT
FOR
WATER RESOURCES INVESTIGATIONS
THIS AGREEMENT is entered into as of the 1st day of October 1989 by the
GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the
first part, and the CITY OF LUBBOCK, party of the second part.
1. The parties hereto agree that subject to the availability of
appropriations and in accordance with their respective authorities there
shall be mainitained in cooperation a program involving the collection of
stream -flow anid water -quality data hereinafter called the program.
2. The following amounts shall be contributed to cover all of the cost
of the necessary field and office work directly related to this program,
but excluding any bureau level general administrative or accounting work
in the office of either party.
(a) $10,640 by the party of the first part during the period
October 1, 1989 to September 30, 1990.
(b) $1.0,640 by the party of the second part during the period
October 1, 1989 to September 30, 1990.
(c) Additional amounts by each party during the above period or
succeeding periods as may be determined by mutual agreement
and set forth in an exchange of letters between the parties.
3. Expenses incurred in the performance of this program may be paid by
either party in conformity with the laws and regulations respectively
governing each party, provided that so far as may be mutually agreeable
all expenses shall be paid in the first instance by the party ❑f the first
part with appropriate reimbursement thereafter by the party ❑f the second
part. Each party shall furnish to the other party such statements or
reports of expenditures as may be needed to satisfy fiscal requirements.
4. The field and office work pertaining to this program shall be under
the direction of ❑r subject to periodic review by an authorized
representative ❑f the party of the first part.
5. The areas to be included in the program shall be determined by
mutual agreement between the parties hereto or their authorized
representatives. The methods employed in the field and office shall be
those adopted by the part of the first part to insure the required
standards ❑f accuracy subject t❑ modification by mutual agreement.
6. During the progress of the work all operations ❑f either party
pertaining to this program shall be open to the inspection ❑f the other
party, and if the work is not being carried on in a mutually satisfactory
October 12, 1989
Page 819
manner, either party may terminate this agreement upon 60 days written
notice to the other party.
7. The original records resulting from this program will be deposited
in the office of origin of those records. Upon request, copies of the
original records will be provided to the office of the other party.
8. The maps, records or reports resulting from this program shall be
made available to the public as promptly as possible. The maps, records
or reports normally will be published by the party of the first part.
However, the party of the second part reserves the right to publish the
results of this program and, if already published by the party of the
first part shall, upon request, be furnished by the party of the first
part, at cost, impressions suitable for purposes of reproduction similar
to that for which the original copy was prepared. The maps, records or
reports published by either party shall contain a statement of the
cooperative relations between the parties.
9. Billing for this agreement will be rendered October, 1990. payments
of bills are due within 60 days after the billing date. If not paid by
the due date, interest will be charged at the current Treasury rate for
each 30-day period, or portion thereof, that the payment is delayed beyond
the due date. (31 USC 3717; Comptroller General File B-212222, August 23,
1983.).
GEOLOGICAL SURVEY CITY OF LUBBOCK
UNITED STATES
DEPARTMENT OF THE INTERIOR
By:
Signature & Title
District Chief
Austin, TX
By: s B. C. McMinn
B. C. McMINN, MAYOR
ATTACHMENT FOR TX033 FILED WITH RESOLUTION.
89-488-819-613
(18.)
This is the renewal of the annual Contract with the
Geological Survey to maintain and operate the stations
at Justiceburg and at the Post Lake Site to continue
to collect stream flow and water quality data in these
areas. The total cost for the project is $21,280, and
it is on a 50-50 share basis, with the City`s share
being $10,640. This represents a cost increase of
$700 from the previous year. Staff recommended
approval.
Motion was made by Councilman Carpenter, seconded by
Councilman Maloy to authorize Resolution #3220 as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
Consider Resoluti
execute anAgreem
Municipal Develop
services.
RESOLUTION #3221
221 authorizi
nc. To
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
nter Tor
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 between the City of Lubbock and National Center for Municipal
Development, 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.
October 12, 1989
Page 820
Passed by the City Council this 12th day of October, 1989.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS T; CONTENT:
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Bob Cass /s/ Donald G. Vandiver
Bob Cass, Deputy City Manager Donald G. Vandiver, First
Assistant City Attorney
AGREEMENT
Between the City of Lubbock, Texas
and the
NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT, INC.
Washington, D.C.
WHEREAS, the City of Lubbock ("City"), in consultation with other
major cities in Texas, has determined that there is a need for jointly
sponsored Washington Representation, and
WHEREAS, this need is particularly pressing in relation to:
1. Information about legislative and executive action on issues of
common interest,
2. Transmitting city positions on these issues to the Congressional
delegation and to the Administration, and
3. Obtaining individual city service to pursue defined projects or
individual legislative priorities, and
WHEREAS, the National Center for Municipal Development is known to
the Cities and is capable of and willing to undertake such representation
in Washington,
NOW, THEREFORE, the City ❑f Lubbock in association with and
recognizing the concurrent participation of, the Cities of Dallas, Fort
Worth, Houston, and Plano (collectively, the "Cities") enters int❑ this
agreement with the National Center for Municipal Development ("NCMD.")
I.
OBLIGATIONS OF THE NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT, INC.
A. NCMD will ❑perate a unit to act as a Washington ❑ffice for the
Cities and will assign a member of its staff as head of this unit. NCMD
will furnish requisite staff, office space, utilities, furnishings, and
equipment, secretarial services, common -use office supplies and services,
and general administrative support.
B. NCMD will consult with the "Committee" (see section IIE) to
determine issues ❑f specific interest t❑ the Cities and t❑ determine
policies and positions which the Cities as a group hold and wish to be
pursued by NCMD. In cases in which the City position differs from or
conflicts with the Cities' group position, NCMD will consult with the City
and the Committee to determine the proper course ❑f action.
October 12, 1989
Page 821
C. Information.
1} NCMQ will provide regular information on
Washington issues and events of interest to the Cities.
This will be done by:
a} "Washington Report", a regular publication of
NCMQ,
b) Written reports, bulletins, and memoranda on
developments in Texas -specific issues, and
c) Direct phone contact.
21) NCMQ will present federal affairs briefings for the
Cities at times and places specified by the Committee.
Q. Congressional Relations.
1} NCMQ will establish, and maintain on a regular basis
contact with the Texas Senators and the Cities'
delegations in the House of Representatives.
E. Individual City Service.
1) NCMQ will, at its own instance, initiate and pursue
research, reports, meetings, consultation and other
activities on matters of interest to the City and will
respond to request for similar actions from the City.
It will inform the Administration and Congress of the
needs of the City. Such services and activities will be
provided at a cost of $80.00 per hour.
2) Should billable costs for the contract period appear to
exceed the costs specified in Sections II, B or C, NCMQ
will notify the City, together with its estimates of the
extra amounts expected to be required the reasons
therefor, and its recommendation to the City.
II.
OBLIGATIONS OF THE CITY
A. The City will contract with NCMQ for the specified services
for a period of one year, commencing October 1, 1989 and
ending September 30, 1990.
8. Service Costs.
1) The service cost of this contract is $20,000,composed of
three elements:
a} A retainer of $12,960.00 per year.
b} Thirty six assured -use of hours of service at $85.00
totallying $3,060.00.
c} Optional use hours of service at the rate of $85.00
per hour, totalling $3,980.00.
C. Reimbursable Costs -- Not to exceed $5,500.00
1) Costs incident to travel outside Washington, D.C., for
long-distance telephone calls, and for expedited
communication services shall be reimbursed to NCMQ upon
submission of its invoice to the City. It is understood
that travel is to be preauthorized by the City or the
Committee. In the case of travel authorized by the
October 12, 1989
Page 822
Committee, the City agrees to pay its pro-rata share of
the costs.
2) Costs for the following items which exceed the
allocation for such items in the basic contract cost
shall, when authorized by the City and the Committee, be
reimbursed to NCMD upon presentation of its invoice:
a) Subscription and dues.
b) Printing and graphics.
c) Supplies.
d) Provision of Local ground transportation in
` Washington.
e) Rental of meeting facilities and other meeting
expenses.
D. Contract costs are payable as follows:
1) The retainer and assured hourly costs totally $16,000.00
are payable quarterly in advance in these amounts:
October 1, 1989 $4,005.00
January 1, 1990 $4,005.00
April 1 1990 $4,005.00
July 1, 1990 $4,005.00
2) The optional hourly costs above the first thirty hours
of service are payable upon billing by NCMD after that
the assured hours of service have been exceeded. (Sec.
II, B. 2)
E. The Committee.
1) The City will appoint a member to a Committee of the
Cities associated in this effort. The Committee will
appoint its own chairperson and determine the times and
places of its meetings. The functions of the Committee
are:
a) To determine common positions on federal
issues which NCMD is to pursue on behalf of the Cities.
b) To discuss apparent conflicts or differences on
issues or projects which may arise among the Cities and
to resolve them in terms of a course of action for NCMD.
c) To monitor the function and operation of the
Washington office to determine if it is fulfilling the
goals and objectives for which it was designed.
d) To authorize travel and other reimbursable
expenses to be incurred for the common purposes of the
Cities.
F. General.
1) The City will inform NCMD of the person(s) authorized to
request services and to serve as the chief contact.
October 12, 1989
Page 823
2} The City will supply the Center with a summary of the
federal programs in which the City is participating and
other information necessary to an understanding ❑f the
City's purposes in relation t❑ the federal government.
THE CITY AND THE CENTER CONCUR THAT THE FOLLOWING EXCLUSIONS SHALL
APPLY TO THIS AGREEMENT
A. NCMD will not:
7I.) Directly or indirectly participate in or intervene in
any political campaign on behalf of or in opposition to
any candidate for public office.
21 Will not represent the interests of local constituents
in pursuit of federal business.
14} By virtue of this agreement, represent other local
agencies in the City except those which are
instrumentalities or agencies of the City.
4} Perform any legal, engineering, accounting, or other
similar professional services.
5} Will not represent a position which clearly and directly
opposes national policies of the National League of
Cities and U.S. Conference of Mavors.
IV.
TERMINATION A EFFECTIVE DATE
Either party may terminate this agreement at any time by giving the
other at least ninety days written notice. This agreement shall take
effect on October 1, 1989.
DULY PASSED AND APPROVED THIS THE 12TH DAY OF OCTOBER, 1989.
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Bob Cass
Bob Cass, Deputy City Manager
ATTEST:
TITLE:
FOR THE CITY OF LUBBOCK, TEXAS
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
FOR THE NATIONAL CENTER FOR
MUNICIPAL DEVELOPMENT, INC., BY
PRESIDENT
October 12, 1989
Page 824
89-48B-8,24•-614
(19.)
In 1986, the City Council approved a Contract between
the City of Lubbock and the National Center for
Municipal Development. The cities of Lubbock, Plano,
Houston, Dallas and Fort Worth agreed at that time to
enter into a joint contract for federal representation
services. Under the terms of the Contract, the cities
received routine notifications on various items of
interest from Washington and are also able to secure
specific service for individual City projects.
The service cost of the Contract is $20,000, which
includes what amounts to a "retainer" and individual
"service hours" which may be rolled forward to
subsequent years if not used in the current fiscal
year. In addition, approximately $5,500 is set aside
for reimbursables should they be necessary.
In discussing this Contract with representatives from
other member cities, it was Staff's opinion that it
has provided the most cost effective method to secure
representation services before various federal
agencies in Washington.
Staff recommended approval ❑f this Contract.
Motion was made by Councilman Maloy, seconded by
Councilman Patterson to authorize Resolution #3221 as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
Consi
or
RESOLUTION #3222
ssuance of $16.970
esolution
RESOLUTION APPROVING A RESOLUTION AUTHORIZING THE
ISSUANCE OF BRAZOS RIVER AUTHORITY SPECIAL FACILITIES
(LAKE ALAN HENRY) REVENUE BONDS, SERIES 1989;
PRESCRIBING THE FORM AND TERMS OF SAID BONDS;
PROVIDING FOR THE SECURITY AND PAYMENT THEREOF;
AUTHORIZING THE FORM AND USE OF THE OFFICIAL STATEMENT;
AND RESOLVING OTHER MATTERS RELATING TO THE SUBJECT
THE STATE OF TEXAS
COUNTY 01= LUBBOCK
CITY OF LUBBOCK L
nue
WHEREAS, on May 11, 1989, the City of Lubbock, Texas (the "City")
and Brazos River Authority (the "Authority") entered into that certain
Water Supply Agreement (the "Contract") in order that City may obtain an
additional surface water supply; and
WHEREAS, in order to provide the additional water supply the
Authority is to construct, maintain and operate the "Project" (as defined
in the Contract); and
WHEREAS, pursuant to the Contract, upon request of the City, and
only upon its request, the Authority is to issue and sell Bonds (as
defined in the Contract) in an aggregate amount sufficient in the opinion
❑f the Authority and the City t❑ pay all Project Costs (as defined in the
Contract)and to establish any funds required by the resolution
authorizing the Bonds; and
WHEREAS, the Contract provides that the initial resolution
authorizing the issuance ❑f preconstruction bonds and construction bonds
October 12, 1989
Page 825
for the Project (the "Bond Resolution") is subject to approval by the
City; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. In accordance with the Contract, the City and Authority
have determined that the Authority shall issue and sell bonds more
particularly described as "Brazos River Authority Special Facilities (Lake
Alan Henry) Revenue Bonds, Series 1989 in the aggregate amount of
$16,970,000 (the "Bonds").
SECTION 2. There has been submitted to the City the Bond Resolution
substantially 'in the form to be adopted by the Board of Directors (the
"Board") of the Authority on October 16, 1989 and bearing the draft date
October 10, 11989.
SECTION 3. The Bond Resolution is hereby approved by the City.
SECTION 4. The City's approval of the Bond Resolution is subject to
the review and approval of the terms of sale of the Bonds on October 16,
1989. The City expressly delegates the power of review and approval to
the Assistant City Manager for Financial Affairs. The power granted in
this section shall be exercised in accordance with the following criteria:
the Bonds are sold upon the terms and conditions as set forth in the
Notice of Sale and Bidding Instructions and Official Statement dated
September 29, 1989, and in the professional judgment of the Assistant City
Manager the terms of sale of the Bonds are feasible and within the City's
ability to pay.
SECTION �. In the event that the Bonds are sold pursuant to the
authority granted by the Board in the Bond Resolution to the "Authorized
Officer" (as defined in the Bond Resolution), the City hereby authorizes
Robert Massengale, Assistant City Manager, on behalf of the City, to
approve the terms of the sale of the Bonds by the Authorized Officer, in
satisfaction of the requirement set forth in the Bond Resolution.
Passed by the City Council this 12th day of October, 1989.
Isl B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
sl Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Isl Robert Massengale
Robert Massengale, Assistant City
Manager for Financial Services
CERTIFICATE FOR
RESOLUTION APPROVING A RESOLUTION AUTHORIZING THE
ISSUANCE OF BRAZOS RIVER AUTHORITY SPECIAL FACILITIES
(LAKE ALAN HENRY) REVENUE BONDS, SERIES 1989;
PRESCRIBING THE FORM AND TERMS OF SAID BONDS;
PROVIDING FOR THE SECURITY AND PAYMENT THEREOF;
AUTHORIZING THE FORM AND USE OF THE OFFICIAL STATEMENT;
AND RESOLVING OTHER MATTERS RELATING TO THE SUBJECT
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
CITY OF LUBBOCK §
We, the undersigned officers of the City of Lubbock, Texas, hereby
certify as follows:
October 12, 1989
Page 825
1. The City Council of said City convened in REGULAR MEETING ON THE
12TH DAY OF OCTOBER, 1989, at the City Hall, and the roll was called of
the duly constituted officers and members ❑f said City Council, to -wit:
B. C. "Peck" McMinn, Mayor Ranette Boyd, City Secretary
Joan Baker George Carpenter
Bill Maloy T. J. Patterson
Gary D. Phillips Maggie Trejo
and all of said persons were present, except the following absentees:
NONE, thus constituting a quorum. Whereupon, among other business, the
following was transacted at said Meeting: a written
RESOLUTION APPROVING A RESOLUTION AUTHORIZING THE ISSUANCE OF BRAZOS RIVER
AUTHORITY SPECIAL FACILITIES (LAKE ALAN HENRY) REVENUE BONDS, SERIES 1989;
PRESCRIBING THE FORM AND TERMS OF SAID BONDS; PROVIDING FOR THE SECURITY
AND PAYMENT THEREOF; AUTHORIZING THE FORM AND USE OF THE OFFICIAL
STATEMENT; AND RESOLVING OTHER MATTERS RELATING TO THE SUBJECT
was duly introduced for the consideration of said City Council for passage
and adoption. It was then duly moved and seconded that said Resolution be
adopted; and, after due discussion, said motion, carrying with it the
adoption of said Resolution, prevailed and carried by the following vote:
7 voted "For", O voted "Against, 0 abstained, all as shown in the
official Minutes of the City Council for the Meeting held on the aforesaid
date.
2. That a true, full, and correct copy of the aforesaid Resolution
adopted at the Meeting described in the above and foregoing paragraph is
attached to and follows this Certificate; that said Resolution has been
duly recorded in said City Council's minutes of said Meeting; that the
above and foreoing paragraph is a true, full, and correct excerpt from
said City Council's minutes of said Meeting pertaining t❑ the adoption of
said Resolution; that the persons named in the above and foregoing
paragraph are the duly chosen, qualified, and acting officers and members
of said City Council as indicated therein; and that each of the officers
and members of said City Council was duly and sufficiently notified
officially and personally, in advance, ❑f the time, place, and purpose of
the aforesaid Meeting, and that said Resolution would be introduced and
considered for adoption at said Meeting; and that said Meeting was open to
the public, and public notice of the time, place, and purpose of said
Meeting was given, all as required by Vernon's Ann. Civ. St. Article 5252-
17.
3. That the City Council of said City has approved, and hereby
approves, the, aforesaid Resolution; that the Mayor and the City Secretary
of said City have duly signed said Resolution; and that the Mayor and the
City Secretary ❑f said City hereby declare that their signing of this
Certificate shall constitute the signing of the attached and following
copy of said Resolution for all purposes.
SIGNED AND SEALED the 12th day of October, 1989.
sl Ranette Boyd
City Secretary
Isl B. C. McMinn
Mayor
According t❑ the Contract with Brazos River Authority,
the Authority is now proceeding to issue bonds to
begin the Lake Alan Henry Project. The Contract
provides for the City of Lubbock to review practically
every action that is taken by the Authority on the
Project. The current schedule for the issuance of the
bonds is October 15, which is the next Board Meeting
for the Brazos River Authority.
According to Staff comments, the $16,970,000 includes
a $7,900,000 reimbursement for expenditures made by
the City of Lubbock on the Project to date. The
remaining $9,070,000 will be for engineering and pre-
October 12, 1989
Page 827
liminary preparation for construction, such as
relocation of pipelines and ❑il wells.
The Bond Resolution the Brazos River Authority will be
passing to issue the bonds is routine except for a
special provision which allows the General Manager of
the Brazos River Authority to negotiate the sale of
the bonds in case the sale is not consummated on the
Authority's Board Meeting date or if the bids at that
time are not acceptable. The Resolution by the City
of Lubbock allows Staff to review any negotiated sale
prior to the consummation of that sale.
The elements and events relating to this bond sale are
proceeding according to original plans. City Staff
has approved all elements of the Project and
recommended approval ❑f the Resolution.
Motion was made by Councilman Patterson, seconded by
Councilwoman Trejo to authorize Resolution #3222 as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
89-48B-827-515
(21.) BID #10272--18" Globe valve Water Utilities).
A&P Water and Sewer Supplies, Odessa
Motion was made by Councilman Patterson, seconded by
Mayor Pro Tem Baker to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
89-48B-827:.6119
(22.) BID #10293--Municipal Hill Operations facilities, and
authorize same (Building Services).
RESOLUTION #3223
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 Knox, Gailey and Meador,
Inc. for Municipal Hill operations facilities, attached herewith, which
shall be spread upon the minutes of the Council and as spread upon the
minutes of this Council shall constitute and be a part of this Resolution
as if fully copied herein in detail.
Passed by the City Council this 12th day of October, 1989.
ATTEST:
sl Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Isl Gene Eads
Gene Eads, Purchasing Manager
Isl B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Is/ Harold Willard_
Harold Willard, Assistant City
Attorney
October 12, 1989
Page 828
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
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, thereunt❑ authorized to
do so, hereinafter referred to as OWNER, and Knox, Gailey and Meador, Inc.
of the City of Lubbock, County of Lubbock, and the State of Texas,
hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditions expressed in the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the
construction of certain improvements described as follows:
BID NO. 10293 - MUNICIPAL HILL OPERATIONS FACILITIES FOR THE AMOUNT
OF $2,035,119.00
and all extra, work in connection therewith, under the terms as stated in
the contract documents and at his (or their) own proper cost and expense
to furnish all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance and other accessories and services
necessary to complete the said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after
the date written notice to d❑ so shall have been given to him and to
substantially, complete same within the time specified in the contract
documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment on account thereof as provided
therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first
above written.
ATTEST:
s Ranette Boyd
Secretary
APPROVED AS TO CONTENT:
s William J . Payne
ATTEST:
/s Dan 14enl ❑
Secretary
COMPLETE ADDRESS:
Knox, Gailey & Meadors, Inc.
P.O. Box 5736
1109 North Avenue T
Lubbock, Texas 79417
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Harold Willard
KNOX, GAILEY & MEADORS, INC.
CONTRACTOR
BY: /s/ Randell Gailey
TITLE: President
89-48B-829 -617
(23.)
89-48B-829-618
(24.)
October 12, 1989
Page 829
Knox, Gailey & Meador, Inc.
Motion was made by Councilman Patterson, seconded by
Mayor Pro Tem Baker to authorize Resolution #3223 as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
BID #10285--Annual pricing for distribution
transformers (Electric Distribution).
Motion was made by Councilman Patterson, seconded by
Mayor Pro Tem Baker to award bids based upon Vendor
ranking and availability of distribution transformers.
Motion carried: 7 Yeas; 0 Nays.
BID #10353--Test hole drilling, and authorize same
RESOLUTION #3224
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 Hi Plains Drilling, Inc.
for test hole drilling, attached herewith, which shall be spread upon the
minutes of the Council and as spread upon the minutes of this Council
shall constitute and be a part of this Resolution as if fully copied
herein in detail.
Passed by the City Council this 12th day of October, 1989.
ATTEST:
s Ranette Bo d _
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Gene Eads
Gene Eads, Purchasing Manager
STATE OF TEXAS
COUNTY 01 LUBBOCK
/s B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s Harold Willard
Harold Willard, Assistant
City Attorney
CONTRACT
THIS AGREEMENT, made and entered into this 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 Hi Plains Drilling, Inc. of
the City of Abernathy, County of Hale, and the State of Texas, hereinafter
termed CONTRACTOR.
WITNESSElrH: 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. 10353 - TEST HOLE DRILLING IN THE AMOUNT OF $17,987.50
October 12, 1989
Page 830
and all extra work in connection therewith, under the terms as stated in
the contract documents and at his (or their) own proper cost and expense
to furnish all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance and other accessories and services
necessary to complete the said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after
the date written notice to do so shall have been given to him and to
substantially complete same within the time specified in the contract
documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment on account thereof as provided
therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first
above written.
ATTEST:
s Ranette Boyd
Secretary
APPROVED AS 1"0 CONTENT:
Isl William J. Payne
ATTEST:
Secretary
COMPLETE ADDRESS:
Hi Plains Drilling, Inc.
P.O. Box 730
Abernathy, Texas, 79311
CITY OF LUBBOCK, TEXAS (OWNER)
Isl B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Isl Harold Willard
HI PLAINS DRILLING, INC.
CONTRACTOR
By:
TITLE:
Hi Plains Drilling, Inc. --Test hole drilling for ten
wells.
Motion was made by Councilman Patterson, seconded by
Mayor Pro Tem Baker to authorize Resolution #3224 as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
89-48B-8:30- 619
(20.) BID #10368--Police motorcycles (Police Department).
Kawasaki/Suzuki Good Times--2 Police motorcycles.
Motion was made by Councilman Maloy, seconded by
Councilman Phillips to hold this item. Motion
carried: 7 Yeas; 0 Nays.
(25.) Hold an Executive Session
discuss appointments to:
89-48B-831-UO
(26.)
89-48B-831-621
(27.)
October 12, 1989
Page 831
)ersonnel matte
Community Services Commission
Lubbock Central Appraisal District Board
Consider ❑ne appointment to the Community Services
Motion was made by Councilman Phillips, seconded by
Councilwoman Trejo to reappoint Inez Baucum t❑ the
Community Services Commission. Motion carried: 7
Yeas; 0 Nays.
utio
RESOLUTION 3225
225 nomin
h
WHEREAS, there has been enacted in the State of Texas an Act relat-
ing to ad valorem taxation of property (S.B. 621) and this Act applies to
and is controlling on the City of Lubbock, Texas, as a taxing unit; and
WHEREAS, there is created under the provisions ❑f this Act, a Board
of Directors to govern the Appraisal District established by the Act, the
City ❑f Lubbock is desirous of nominating candidates to be placed on the
ballot for election t❑ this Board of Directors upon the next election as
provided by this Act.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the following persons are nominated by the governing body ❑f
the City of Lubbock as candidates for positions on the Board of Directors
of the Appraisal District created for the County ❑f Lubbock and that the
names of these candidates be submitted to the Chief Appraiser of the
Appraisal District by the Mayor to be placed ❑n the ballot for election to
such positions at the next election for such purpose:
Phil Pirkle Aubrey Faulkner
Giles M. (Buddy) Forbess Richard Spikes
It. B. Criswell
Passed by the City Council this 12th day of October, 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:
s1 Robert Massengale _ /s/ Donald G. Vandiver
Robert Massengale, Assistant City Donald G. Vandiver, First
Manager for Financial Services Assistant City Attorney
October 12, 1989
Page 832
LUBBOCK CENTRAL APPRAISAL DISTRICT
BOARD OF DIRECTORS
W. B. CRISWELL, CHAIRMAN
Business:
Lubbock Chamber of Commerce
Agricultural Manager
P.Q. Box 561
Lubbock, Texas 79408
Phone: 763-4666
Residence:
Farming & Ranching
Route 1, Box 39
Idalou, Texas 79329
Phone: 892-2090
RICHARD SPIKES; VICE-CHAIRMAN
Business:
Richard C. Spikes, CPA
The Compound
2232 Indiana
Lubbock, Texas 79410
Phone: 797-2611
Aesidence:
4606 5th Street
Lubbock, Texas 79416
Phone: 792-6723
PHIL PIRKLE, SECRETARY
Business:
Sr. Vice -President
Business Development & Marketing
Lubbock National Bank
P.Q. Box 6100
Lubbock, Texas 79493
Phone: 792-1000
Residence:
4913 78th Street
Lubbock, Texas 79424
Phone: 794-4895
GILES M.-(BUDDY) FQRBESS, MEMBER
Business:
Benton Oil Company
P.Q. Box 31
Lubbock, Texa, 7940E
Phone: 763-5301
Residence:
4009 69th Street
Lubbock, Texas 79413
Phone: 799-1744
AUBREY FAULKNER, MEMBER_
Business:
Frontier Wholesale
833 East 40th Street
Lubbock, Texas 79404
Phone: 744-14-4
Residence:
3303 59th Street
Lubbock, Texas 79413
Phone: 795-1328
Motion was made by Councilman Phillips, seconded by
Councilman Carpenter to nominate the following persons
as candidates for positions on the Board of Directors
of the Appraisal District (created for the County of
Lubbock), which names will be submitted to the Chief
Appraiser of the Appraisal District and placed on the
ballot for election to those positions:
Phil Pirkle
Giles M. (Buddy) Forbess
W. B. Criswell
Aubrey Faulkner
Richard Spikes
Motion carried: 7 Yeas; 0 Nays.
October 12, 1989
Page 833
89-48B-83?-zi622
( 7.) Bill Evans, Vice President of Cresap Company, will
appear to present report and recommendations _r_eg ar
the Criminal Justice System of Lubbock County.
In May, 1989, the City of Lubbock entered into a
Contract with the Cresap Division of Towers, Perrin,
Forster and Crosby, Inc. for a comprehensive review of
the Criminal Justice System in Lubbock County. Since
then the Cresap Firm reviewed information, various
statistics, histories, and interviewed employees and
officials of the Lubbock Police Department, Criminal
District Attorney's Office, the Court System,
Sheriff's Office, and other representatives of the
County and City governments as well as some
representatives ❑f the Lubbock County Criminal Justice
Commission.
Bill Evans, Vice President of Cresap Company, appeared
to present the following findings and recommendations
regarding their evaluation of the Criminal Justice
System in Lubbock County:
Mr. Evans stated that his firm had been engaged by the
City Council of Lubbock to reform a comprehensive
study of the Lubbock County Criminal Justice System,
and to make specific recommendations that would form a
program that would reduce crime in Lubbock County.
The study was started in May, 1989, and Mr. Evans
complimented the cooperation from all involved. He
said that 140 interviews were conducted, and a massive
data was collected and analyzed. From this, the
recommendations presented in this report were
formulated.
Mr. Evans noted that in his experience, the ❑nly thing
found as a way t❑ reduce crime in the community that
works is creating conditions in the community that
spell out a high degree of probability that those who
commit crimes in the jurisdiction are apt to be caught
and incarcerated, not placed on probation.
Mr. Evans advised that in Lubbock County the solution
is to achieve a balance between the various elements
of the Criminal Justice System. He noted that the
role ❑f the Police is t❑ solve crimes, and then there
must be sufficient prosecutory capacity t❑ handle
those who are caught and charged. Further, there must
be sufficient capacity in the Court System to try
people and to dispose of cases --currently, most of the
cases are disposed ❑f by plea bargaining, and Mr.
Evans advised that if there's not the threat of a
trial, there's not sufficient leverage for the
prosecutors in dealing with cases that are plea
bargained. The final element, according to the
Consultant, is that there must be sufficient jail
space.
Mr. Evans stated that their study shows that the
Police Department and the Sheriff's Department produce
reasonable solution rates of crime (particularly the
Police Department), but there is a shortfall in the
capacity of the Prosecutor's Office, the CDA's Office,
and the Courts to handle the caseload. Also, the lack
of beds in jails ❑r prisons has, in the opinion of the
Consultants, affected the functioning of the Criminal
Justice System in Lubbock County, and this factor is
operating to the advantage of crooks and t❑ the
disadvantage of citizens.
October 12, 1989
Page 834
According to Mr. Evans, the basic crime rate of any
community is a function of the demographics of that
community. Some cities or counties )y their nature
have more crooks than others, and Mr. Evans pointed
out that the Consultants studied statistics to
calculate the risk to a criminal who commits a crime
in Lubbock County. Based upon 1988 figures showing
the numbers of crimes reported to the Police and the
Sheriff's Department, the number of arrests that were
made --the number of cases that were filed --and then
survived indictment, reached trial, resulted in
conviction, and then resulted in sentence for
incarceration, for every 100 crimes reported to the
Police in Lubbock County in 1988, 3.4% people went to
prison or to jail. Mr. Evans noted that it is
necessary to find a way to increase the risk or to
raise the price that the criminal has to pay for
committing crimes in Lubbock County. Mr. Evans stated
the Consultants opinion that to do that, will require
expenditures beyond present expenditures of about $6
million per year.
Mr. Evans used the scenario of the patrolman who
originally responds and does that job right. That
patrolman will produce a number of cases with leads
that then can be followed up by detectives. If the
detectives are able to work on the cases with leads,
that's what drives up the solution rate. According to
Mr. Evans, the next step in the process is the
prosecutor who will take the case, achieve an
indictment and a conviction, and so on. Mr. Evans
stated that because of the lack of prosecutorial
capacity in Lubbock County, hard-working prosecutors
wind up plea bargaining cases for less than would be
indicated if they had the capacities to try them.
Part of the capacity depends upon the capacity of the
courts to conduct trials, and in Lubbock County last
year there were 89 felony trials conducted.
Mr. Evans noted that the recently established 6th
District Court in Lubbock County will help increase
that capacity and advised of other ways to help
increase the capacity for the number of trials
conducted. One of them is by the appointment of a
Criminal Master who would take a substantial load from
the judges who sit on criminal cases. This individual
would handle indictments, preliminary hearings,
preside at jury pools, etc., and this would make more
of the judges' time available for actually hearing
contested trials.
The recommendation further was to hire a full-time
secretary and a half-time legal clerk for each one of
the District Courts, in order to increase their time
to hear cases. According to the study, implementing
these recommendations could add 25% to the capacity in
the six district courts of Lubbock County. That is,
the equivalent of about 1.5 additional courts being
achieved without adding additional courts.
Mr. Evans said that the study shows the District
Attorney's Office to be a well -managed, sensibly
executed system with the exception that there aren't
enough prosecutors. The lack of sufficient numbers of
prosecutors leads to plea bargaining situations and
dismissals after indictment. According to the study,
after indictments are returned, about 50% of the cases
are dismissed, with the majority being dismissed
because the accused had been convicted of another
felony. By increasing the capacity of the
October 12, 1989
Page 835
Prosecutor's Office and of the Court System there
would be fewer dismissals because the prosecutors
would have greater capacity t❑ handle those cases, and
that would drive up the price of crime. The
recommendation is for nine additional attorneys in the
Criminal District Attorney's Office, and that would
allow two Prosecutors for every District Court to be
assigned on a permanent basis.
At this point, Mr. Evans noted the demands that would
be put ❑n the County Jail under the assumption that
the State is several years away from fulfilling its
responsibilities ❑f taking all ❑f the convicted felons
from the County Jail. Mr. Evans noted the need for an
additional 700 beds than the County Jail will have
after the 2nd Floor is ❑pened later this year. It was
suggested that Lubbock County extend its bed capacity
by acquiring an existing building, refurbishing it to
be used as a "Minimum Security Facility"; and that the
present jail and the addition that's about to open to
be used as the "Maximum Security Facility". The new
facility would be temporary and would be staffed in
increments so that as the population builds up, the
staff can be increased. Then in several years all
those beds wouldn't be needed and that facility could
be slowly closed and eventually abandoned. The
initial cost is estimated at $3 million, and adding
the associated operating costs there would be
additional costs of about $5.4 million.
Mr. Evans reported the crime rate in Lubbock is about
15% higher than the average of Texas cities in the
average of U.S. cities in the population of 100,000 to
250,000. Mr. Evans said that with respect to the
Lubbock Police Department the Consultants received a
number of views from users of the service, from
observers, and from many employees of the Police
Department. According t❑ Mr. Evans, there are no two
more important things for the Police Department to do
than to respond rapidly to the scene of crimes
emergencies and to solve crimes. The present solution
rate was about 18.8% in 1988. The national average
runs about 20%.
Mr. Evans noted the current practice of a Detective
making a case, the case being accepted for prosecution
by the Criminal District Attorney's Office, a warrant
being issued for the arrest of the person charged, and
the warrant going to the Sheriff's Office ❑f Lubbock
County to be served ❑n the suspect. According to the
study, there are presently about 750 unserved felony
warrants in Lubbock County, and the service of these
warrants is not pursued diligently because of the
number of people that are involved in that work in the
Sheriff's Office.
It was recommended that the Lubbock Police Department
serve criminal warrants ❑n people who live in the City
of Lubbock whose cases have been made by the Lubbock
Police. Mr. Evans noted that it should be the job of
the Detective who makes the case to serve the
warrants, and in those cases where the Detective is
unsuccessful on the initial attempt, to place the
warrant in a warrant pool to be worked out
periodically, to provide the patrol force with the
language on that and will be found in the report.
It was noted that there are substantial delays in
dispatching police officers when citizens call, and
that some of the delays are due to use ❑f the priority
October 12, 1989
Page 836
system which is a part of the computer -aided dispatch
function of the Communication Center. Priority #1, 2,
or 3 is assigned to each case and a substantial number
of cases are Priority 3, which are not entered as
rapidly as Priority 1 cases. Mr. Evans said that 95%
of the calls should be without any delay in dispatch
and that is possible by abandoning the priority system
that now exists. It is also necessary to redeploy the
patrol force to provide a greater match between the
number of calls expected at a given hour, and the
number ❑f police officers available to answer those
calls. The officers also should be placed so that
there are sufficient numbers to handle projected calls
in each part of town.
The study suggested revamping the current 19 standard
beat zones in Lubbock. The suggestion is that there
be 3 beat zone maps: Daytime shift, evening shift,
and midnight shift, and that they be drawn to place
❑ne patrol unit in one zone, with the parts of town
experiencing the highest percentage of calls with
smaller beats. This would place patrolmen in the
parts of town where they're likely to be needed and
speed up the response time.
Also recommended in the report is eliminating the Flex
Shift that works from 7:00 p.m. t❑ 3:00 a.m. and
having three shifts t❑ cover the 24-hour day. In the
morning hours there would be 27 patrol units on the
streets on a typical day; in the evening hours there
would be 37; and on the night shift, there would be 24
which coincide with expected activity levels. Mr.
Evans noted that this is based upon a criteria that if
property deployed, each patrol officer answering an
average ❑f four calls per 8-hour shift at an average
of 30 minutes per call would have six hours in his
patrol zone to deal with traffic violators, d❑ ❑n-view
arrests, etc.
Mr. Evans pointed out that within the Lubbock Police
Department, there has been a tendency to create
special purpose units to solve short-term problems and
as a result organizational fragmentation presently
exists. Three different divisions of the department
are involved in doing follow-up investigations, for
example. Also, the personnel doing the patrol work
and the detective who do the follow-up investigations
(the two really basic operational functions of any
police department) have expressed their opinion that
the value system of the department is on the special
purpose units, and that they, are not appreciated and
are unrewarded. Mr. Evans advised that the value
system of the Lubbock Police Department must be clear;
that answering citizen calls, doing patrol work, and
catching criminals is the most important work ❑f the
Police Department.
The patrol force now has Lieutenants in charge of each
of the four shifts, and a total of five Lieutenants
are assigned to patrol which means is that for a
number ❑f days, and patrol shifts, the ranking officer
on duty is the Sergeant. The study recommended that
the Captains be put in charge of each of the three
patrol shifts and that a Lieutenant assist. Further,
it was recommended that schedules be worked s❑ that
the most of the time either the Captain or the
Lieutenant be present to actively supervise the shift
October 12, 1989
Page 837
and spend time on the streets. Mr. Evans stated that
kind of responsibility is appropriate to the grade of
Captain.
The study did not recommend additional police
officers, but rather suggested a total of five less
than current. The number of patrol units total 88
each day (as opposed to 77 each day on the streets in
September). However, it was suggested that the City
continue to anticipate annual losses in the Police
Department brought about by retirement or resignation
and continue to put recruits in training, with the
expectation that they be ready to be deployed by the
time the person whom they replace is going to leave.
Mr. Evans said that currently there are 12 recruits in
training over and above this number the that was
specified, and that is how it should be.
Another recommendation was for additional detective
capability and the purchase of additional cars for
detectives. Also suggested is an organizational
rearrangement that would lead to the appointment of
one additional Assistant Chief. Presently, there are
about 7 operating divisions in the department, and
most of them report to one of two Assistant Chiefs:
One is in charge of Field Operations, one is in charge
of Support Operations, with some special purpose units
report directly to the Chief. The recommendation was
for an additional Assistant Chief position, to be in
charge of all the uniformed patrol force and the
traffic force. The second Assistant Chief would be in
charge of investigation and the third Assistant Chief
would be in charge of everything else for the
administrative and support functions for the two
operating units.
Mr. Evans closed by saying that the Lubbock Police
Department has a number of highly capable, dedicated,
able, willing police officers and that by creating
this new leadership focus on fundamentals, by
strengthening the supervision of the patrol shifts, by
concentrating on getting there fast and catching the
criminals and some other techniques that we have
suggested in the report for better use of detective
time, not only will the people of Lubbock see and feel
this more rapid response time, but they will see an
increase in the number of crimes that are solved.
Mayor McMinn commented that each of the Council had
been briefed on this report prior to this meeting.
Mayor Pro Tem Baker asked Mr. Evans how the findings
of the study compare with the report of the Criminal
Justice Commission, and Mr. Evans replied that this
report is entirely consistent with what the Lubbock
County Criminal Justice Commission and that the
Commission's report covered some things not covered in
this report, but that the thrust of the two reports is
very consistent.
Mayor Pro Tem Baker then asked about alternative
sentencing, and Mr. Evans replied that their
experience is that the way to make crime go down is to
put more people in jail, not find ways to keep them
out ❑f jail.
October 12, 1989
Page 838
Motion was made by Mayor Pro Tem Baker, seconded by
Councilman Carpenter that the City Council accept the
report and take it under advisement, with the idea to
implement the recommendations within the City
Council's jurisdiction as soon as possible.
Motion carried: 7 Yeas; 0 Nays.
There being no further business to come before Council, Mayor McMinn
adjourned the meeting at 11:25 a.m. Motion carried: 7 Yeas; 0 Nays.
J. C - /, * -! A�-,-*
B. C. McMINN, MAYOR
T:
Ran to Boyd, City Sec etary
READ AND APPROVED THIS 24TH DAY OF OCTOBER, 1989.
C
B. C. McM N , MAYOR
t;
MRanette Boyd, City Secre ry
OOOVN
RE NANCH4
ORDINANCE No.4S12
•`ING 1ONIHGIOARDINANCE O- R-251
OF4THE MAF
CI-ty OF ILUBBOCK
CHANGFOLLOWiN
ES: ZONE CASE NO.2aG TEXAS
A ZONING CHANGE FROM R-1.
TO A-2 ZONING. LIMITED TO BBOCK
CAREFA%CILTIESONLOTS�rances- Hernandez a Notary Public in and for Lubbock County, Texas on this day
BLOCK 2�WONDERLAND AODI' -�: Auf t l s Account Mgn� ar of the Southwestern Newsga-
DEEEER%NODOD ADDIITION, LUB Ted
BOCK'TIEXAS; S VIv`Ne �, Publishers of the Lubbock Avalanche -Journal —Morning, Evening and Sunday, who
ZoNwTYI PROVIOI"G A SAV- sworn did depose and say that said newspaper has been published continuously for more
INGSCLAU56AND PROVIDING ks prior to the first insertion of this Ls¢at bin-tielk
FOR UB"CAT,GN
R-4iIPN(.506A at Lubbock County, Texas and the attached print -
is a true copy of the original and was printed in the Lubbock
Avalanche -Journal on the following dates: 4f alt 19a9
75 words @ .92 = $69, 0Q f�
I
Account tanager
LUBBOCK AVALANCHE -JOURNAL i I:•.p,r 59I
Southwestern Newspapers Corporation
Subscribed and sworn to before me this __23_ day of October , 19$Q
FORM 58.10