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HomeMy WebLinkAboutMinutes - City Council - Regular - 7/26/1990Page 543 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING JULY 26, 1990 10:00 A.M. The City Council ❑f the City of Lubbock, Texas met in regular session on the 26th day of July, 1990 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 M. J. Aderton, Councilwoman Maggie Trejo, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr., City Secretary Ranette Boyd, and Deputy City Secretary Beatrice Cervantes. Mayor McMinn called the meeting to order at 10:00 A.M. [ 1.} The Invocation was given by Assistant City Manager Rita Harmon. 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 to approve the Minutes ❑f the July 12, 1990 Regular City Council meeting as written. Motion carried: 7 Yeas; 0 Nays. ( 4.) 90-49B--543-374 ( 5.) 90-49B-543-375 ( 6.) Board Appointments Bill Irwin will appear on behalf ❑f University Bill Irwin appeared ❑n behalf of University Ministries t❑ request a Loudspeaker Permit for August 29, 1990 from 7:30 p.m. until 9:30 p.m. University Ministries has been approved for a Loudspeaker Permit in the past with n❑ complaints regarding their outdoor concerts. They have complied with all provisions of the City ordinance, and the loudspeakers will be faced away from the residences within the area. Motion was made by Councilman Maloy, seconded by Councilwoman Trejo t❑ approve issuance of a Loudspeaker Permit to University Ministries. Motion carried: 7 Yeas; 0 Nays. Dr. Sam Spikes, ❑f the Overton South Neighborhood Association, will appear to request Council cooperation in working with the Lubbock School System regarding a Junior High location in Central Lubbock. Dr. Sam Spikes, representing the Overton South Neighborhood Association appeared to encourage the July 26, 1990 Page 544 90-49B-544-376 ( 7.) Council to work with the school system regarding the junior high location in central Lubbock and specifically requested City cooperation if LISD decides to locate a school adjacent to a City park. Dr. Spikes also expressed appreciation for increased police protection and code enforcement efforts. Mayor McMinn stated that the City of Lubbock will cooperate with LISD in their endeavor. Carl Gundlach, Site Manager for Texas Instruments, appeared to appeal the July 12, 1990 ruling of the Board of Electrical Examiners regarding proposed compromise amendment to the City of Lubbock Electrical Code. Following is the sequence of events which occurred on this issue: 1. Prior to November, 1989, two Texas Instruments employees were denied the opportunity to take the Master Electrician exam. 2. That decision was appealed to the Permit and License Appeal Board, which overturned the Electrical Board's ruling and allowed the employee to take the test. 3. In July, 1989, the Electrical Code was amended (partially upon direction of the Electric Board and partially by mutual agreement between the Staff and the City Attorney's Office) to clarify the definition of "working for the public" as it relates to the criteria for licensee. Further, the appeals process was amended by changing the previous appeal to the Permit and License Appeals Board to the City Council. 4. About November 1989, Mr. Gundlach appealed to the Electric Board of Examiners to change the ordinance to its previous form, but the appeal was not considered favorably. 5. Mr. Gundlach continued his appeal by meeting with the Staff on more than one occasion to discuss the issue. 6. On April 6, Mr. Gundlach wrote a letter to the City Manager requesting appearance before City Council to address this issue. 7. At this point, the City Manager asked the electrical industry representatives and the Board of Electrical Examiners to try to reach a compromise. 8. In May 1990, the Board of Electrical Examiners again considered and denied the proposed changes, and Mr. Gundlach then appealed to the City Council. 9. At the May 24 Council work session, Council asked City Staff to take the issue back to the Board for another attempt at compromise. July 26, 1990 Page 545 10. Since that time, a compromise amendment was drafted by Texas Instruments but rejected by the Board and local contractors at the July Board meeting. Effectively, Mr. Gundlach wants the Electrical Code amended to read exactly as it did prior to the 1989 Amendment. This would remove the burden of requiring residential wiring experience as a condition for registration, and it would also reinstate the Permit and License Appeals Board as the appeals forum. In a written Staff opinion, it was stated that both sides are close to a compromise ordinance amendment which would create a new classification to address Texas instruments' objectives. Councilman Phillips asked Mr. Gundlach what the compromise was, and Mr. Gundlach replied that this agreement would restrict individuals, while employed by T.I., from doing work for the general public. He asked Council to note that he was not asking for anything new or special, but that the Electrical Ordinance be changed to the way it was prior to July, 1989. Mr. Gundlach stated that in late 1988, the Board of Electrical Examiners denied two Texas Instruments employees permission to take licensing tests citing insufficient experience, and that in a follow-up discussion with the Board, it was explained that denial was based on the fact that the individuals work for a private company. According to Mr. Gundlach, the same request was resubmitted in April, 1989, but was again denied and went on to say that during this meeting, the denial was further explained by a Board member, who stated that "there were already enough Master Electricians in Lubbock and that there wasn't enough work for the ones they had". According to Mr. Gundlach, the two employees appealed this decision to the Permit and License Appeals Board's and that decision was overturned. He then stated that in August, 1989, a request by a different employee was denied, this time for a Journeyman's test. When this person mentioned that he would appeal the decision, he was told that that the requirements had been changed to state that only individuals performing work for the general public could be licensed, and that he could no longer appeal to the Permit and License Appeals Board. Mr. Gundlach said that subsequent to that time, he surveyed other cities with regard to licensing requirements and did not find a city in the State of Texas which requires "work for the general public" as a prerequisite for licensing. Mr. Gundlach stated his ❑pinion that the changes made in 1989 were carefully worded to exclude private industry employees and were based on fear, on the part of the licensing board, that licensing of private industry electricians might result in competition with contractors currently operating in this City. He stated that he is not interested in contracting electrical work, but wants his employees to have the same opportunity for professional recognition they would have in any other city in Texas. Mr. Gundlach informed Council that licensing is a validation of his employees' knowledge, experience and skill, and is also a factor used in their performance evaluations, adding July 26, 1990 Page 546 90-49B-546-377 ( 8.) that denial of licensing hurts employees in their career advancement and at T.I. Mr. Gundlach assured Council he was not seeking preferential treatment, but is asking that the same rules apply to everybody. The requirements, as they are currently written, in Mr. Gundlach's opinion, are both discriminatory and offensive and send a strong negative signal to any industry operating or considering operating in this City. Councilman Patterson asked Mr. Gundlach whether he had met with the Board of Electrical Examiners to express his position, and Mr. Gundlach stated that they had done so on a number of occasions. He stated that, with assistance from City departments, he thought they had received a consensus for a compromise on at least two occasions, but when presented to the board, both were denied. Councilman Phillips asked for details of the compromise which Mr. Gundlach thought had been worked ❑ut. Mr. Gundlach replied that in the compromise, he was willing to restrict his employees from performing work for the general public while holding a Master Electrician License as long as they work for T.I.; if upon termination they could receive a General Master's License under their own name by going through the City Secretary's Office. The Board refused to accept the compromise. Mr. Gundlach stated that, if the Ordinance was changed back to the way it was written prior to July, 1989, it would strike reference to "general public" as a condition ❑f licensing and would reinstate the Permit and License Appeals Board. Mayor Pro Tem Baker asked whether Mr. Gundlach was requesting that Council further amend the Ordinance to include the compromise agreement discussed earlier, and Mr. Gundlach replied that that would be left to Council. At this point, Council proceeded to consider the next Item #8 before taking action. Kirk Price, representing National Electrical Contractors Association (and others), appeared to request Council support of the July 12, 1990 decision of the Board of Electrical Examiners. He stated that this Council -appointed Board which is comprised of one professional Electrical Engineer, two licensed and active Master Electricians, one licensed and active Journeyman, ❑ne General Contractor, one Residential Contractor, and ❑ne Lineman, was appointed t❑ determine whether applicants have satisfied requirements of the Electrical Code of the City of Lubbock. He went on to say that this Code, as written, was developed over a period of years to ensure the safety of the citizens ❑f Lubbock and to ensure that electrical work done in the City ❑f Lubbock meets both the local and national Electrical Codes. July 26, 1990 Page 547 He quoted the Code as stating that "before an applicant can apply and take either the Journeyman or Master Electrician's Exam, he must meet certain experience requirements under the direct supervision of a licensed Master Electrician who has himself met the same requirements." According to Mr. Price, these experience requirements are in place to ensure that the applicant has had a well-rounded education in the electrical construction industry and has not just become adept in one kind of electrical work. Mr. Price closed stating that the purpose of the Lubbock Electrical Code is a practical safeguarding of persons and properties from the hazards arising from the use of electricity and that an integral part of the Code is the Board of Electrical Examiners and its responsibility to maintain the high standards required for an applicant for the licensing exams. Councilman Patterson asked Mr. Price whether he had met with Mr. Gundlach since the last time Council asked them to meet. Mr. Price replied that they had met with Mr. Gundlach once, and that he had not been in town since that time to meet with them. Mayor McMinn asked whether there was any way the two sides could get together and work this out, and Mr. Price replied that he thought they had reached a compromise. According to Mr. Price, it was the Board's understanding that Mr. Gundlach did not like the wording and he informed them that he would not agree t❑ the compromise that had been presented to him. Mr. Price said that the Board then informed Mr. Gundlach that if he could not agree with this compromise, then they would have to deny his request and keep the current Code in force. Mayor Pro Tem Baker asked Mr. Price what his compromise was, and Mr. Price said that the Board's compromise was basically the same except there would not be a simple paper exchange of licensee - an industrial facility Master Electrician or Journeyman's Licensee would have to appear before the Board of Electrical Examiners to restate their qualifications for reevaluation. Ms. Baker asked whether they would have to be retested, and Mr. Price said they would not need to be retested, but the Board might decide that the applicant needs certain additional requirements, i.e., 3 months experience in residential construction. Councilman Patterson asked if other Texas cities were doing this, and Mr. Price replied that all Codes are different. Councilman Maloy asked about a proposal for the next legislative session regarding regulation of licensing electricians similar to the licensing of plumbers, and Mr. Price replied that a bill is being co -sponsored by the Independent Electrical Contractors, and the National Contractors Association in Texas, and its passage would call for amending the Electrical Code to reflect any changes. Mayor Pro Tem Baker commented that this Bill had been introduced in past legislative sessions but has not passed. Mr. Price explained by saying that large cities formerly against such legislation have now agreed to back state licensing of electricians. July 26, 1990 Page 548 Councilman Maloy asked if the licensing requirements changes in July, 1989 were approved by City Council, and Mr. Price said they were, and that the wording "general public" came about because the ordinance at the time was not specific enough. He stated his understanding that a Permit and License Appeals Board member had said that the wording in the ordinance was not specific enough. Mr. Price concurred with Mr. Gundlach that the wording is unfair because it does not allow an applicant to take the test due to the Board's decision and that for this reason, the City Attorney inserted the words "work for the general public" to clarify that position. Councilman Maloy said that in hearing both sides of this issue, he felt like there would be problems in all instances. He stated he understood T.I.'s concern for their employees' career advancement, and that their policy reflects that a Master Electricians License creates the possibility of an increase in salary and benefits to their employees. He then stated that he also understood how this would create a problem if a Master Electrician leaves T.I.'s employee and goes out into the City of Lubbock practicing as a Master Electrician without having residential experience and how this would affect the City of Lubbock -- whether there is improper electrical work being done by somebody who has plant experience but doesn't have experience in other types facilities. Mayor Pro Tem Baker stated her opinion that T.I. or any private enterprise should be able to train their employees to the level of skills they want, and Mr. Price informed Council that these businesses may train their employees to any skill level, but that these employees can not be licensed under the City of Lubbock Code. He said further that these employees have access to the exam for a Master Electricians License, but if they can pass the exam, most companies will allow advancement on the career ladder. Bill Byrd, Chairman of the Board of Electrical Examiners, a licensed professional Engineer, and a licensed Architect, recommended that City Council not change the City Ordinance as it is presently written. Mr. Byrd stated that at their last meeting the Board voted 6-1 not to change the Ordinance as it was their opinion that if the ordinance is changed it will not benefit T.I. internally. Mr. Byrd went on to say that he agrees that T.I.'s employees are highly trained and the present ordinance allows them to perform any work needed on their own property, but that they are not fully qualified to perform work in the public, and he asked that Council not allow this to happen. He said that at the their last Board meeting, they tried to work out their differences with T.I. and had a good plan on the table, but that T.T. was not willing to negotiate. Mr. Gundlach clarified that prior to the changes made which eliminated the appeals process and installed the words "general public", the requirements for a licensee within Texas Instruments (under an in-house license) were the same requirements for any Master Electrician operating in the City of Lubbock. He stated further that the apprenticeship, training, experience, and the exam are exactly the same, and that the people who passed that qualification procedure are the same people now operating in the City of Lubbock, and asked Council for the opportunity to do the same thing within T.I. - July 26, 1990 Page 549 that they be allowed to have the same requirements as any other electrician. Presley Shofner, Vice -Chairman of the Permit and License Appeals Board, recounted the May, 1989 Permit and License Appeals Board Hearing where the Board overruled the decision of the Board of Electrical Examiners. Mr. 5hofner said further that during the ordinance revision process, the Permit and License Appeals Board was not given an opportunity t❑ express the Board's views in the matter. Mr. 5hofner recommended that Council instruct City Staff to amend Sections 2-458, 6-156, 6-157, and 6-159 of the Electrical Ordinance, thereby re-establishing the power removed from the Permit and License Appeals Board. Motion was made by Councilman Phillips to instruct Staff t❑ come up with an Industrial Electrician classification which definition would allow change ❑f classification to Master Electrician, with the approval of the Board ❑f Electrical Examiners, and further re- establishing the right of appeal. Mayor Pro Tem Baker asked Councilman Phillips if he was suggesting that Council revert to the previous version of the ordinance or that it be left as it is but to include the words "Industrial Master Electrician". Councilman Phillips replied that Staff should bring back to Council recommended amendment which would address the right ❑f appeal. Mayor Pro Tem Baker seconded the motion. Councilman Maloy asked Councilman Phillips if in his motion he was recommending an Industrial Electrician classification in instances such as in the event a Z.I. electrician leaves T.I.'s employ, he would automatically become a Master Electrician within the City of Lubbock. Councilman Phillips replied that an Industrial Electrician would have to appear before the Board of Electrical Examiners and fulfill the same qualifications to be a Master Electrician as anyone else. There would also be the right t❑ appeal to the Permit and License Appeals Board. Councilman Maloy restated his understanding that this motion would allow an electrician working for a company in the City ❑f Lubbock t❑ apply for and take the exam for a Master Electrician License and be licensed as a Master Electrician for that company but not authorized to work for the general public in the City of Lubbock without the approval Board ❑f Electrical Examiners. Ms. Baker added to Mr. Maloy's statement that: If the employee leaves T.I., then he will need to come back to the Board of Electrical Examiners and go through the process to work for the general public. Councilman Phillips reiterated that the Industrial Electrician classification would be for on -premises work for that particular business. Mayor McMinn instructed that the City Attorney's Office and Staff prepare a draft ordinance reflecting this motion and submit it for Council review and action at a future meeting. Motion carried: 7 Yeas; 0 Nays. July 26, 1990 Page 550 90-49B-550-378 ( 9.) ORDINANCE #9355 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK, BEING THE ZONING CODE SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2315-B; CHANGE LOT 1, BLOCK 1, UNIVERSITY PLACE ADDITION, LUBBOCK COUNTY, TEXAS FROM R-1 (DH DISTRICT) TO R-1 (DH LANDMARK) ZONING DISTRICT; DESIGNATING A LANDMARK THEREON; IDENTIFYING CERTAIN EXTERIOR ARCHITECTURAL FEATURES OF THAT LANDMARK; PROVIDING FOR A PENALTY; PROVIDING A SAYINGS CLAUSE AND PROVIDING FOR PUBLICATION. 90-49B-550-379 (10.) Mrs. J. C. Rigney was present but was unable to present her request. No one appeared in opposition. Mayor McMinn closed the hearing at 10:44 a.m. Assistant City Manager Jim Bertram stated that this request is to receive additional recognition as an individual landmark for the brick house at 3001 19th Street. The house was built in 1932 for J.C. and Jewell Rigney, and the land known as Lot 1, Block 1, University Place Addition, was purchased by Mr. Rigney in September 1932. According to the deed records the sale price was $400 cash. Any buildings built on the property were subject to the deed restrictions placed on the plat filed by N. L. Peters and S. B. Haynes in 1925 and modified by 1928. According to Staff comments, the mixed red and black brick house is typical of the bungalow style, with a multigabled roof. The brick chimney on the exterior wall is flanked by two windows; the front porch is inset, with a gabled roof supported by two brick piers; and the house originally consisted of a living room, dining room, kitchen, three bedrooms, and two baths. In August 1948, an addition of approximately 1,500' was built onto the rear of the structure adding two roams and a bath to the building. The Planning and Zoning Commission and City Staff recommended approval. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to uphold P&Z and authorize Ordinance #9367 on recommendation of Staff. Motion carried: 6 Yeas; 0 Nays --Councilman Maloy absent from Council Chambers. Lots 1-6 and Lots 75-80, Bacon Heights Addition. July 26, 1990 Page 551 ORDINANCE #9367 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2650; A ZONING CHANGE FROM R-1 TO C-2 ZONING ON LOTS 1-6 AND 76-80, BACON HEIGHTS ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. David Goyette appeared on behalf of John Abney to request approval of the first zoning increment following a Comprehensive Land Use Plan change approved by the P&Z Commission and City Council in June, 1990. Additionally, Mr. Goyette requested that Council postpone second reading of this Ordinance until proponent has submitted a written request in order re- evaluation of existing property. According to Mr. Goyette, a commitment from Council was necessary for them to proceed. City Attorney John Ross stated that after first reading of an ordinance, Council may consider it for second reading at any time in the future, but that it's not final until then. Councilman Maloy asked how long the proponent wanted to wait, and Mr. Goyette replied that they have set an 18- month deadline for permanent improvements on the entire project. Councilman Maloy stated he was concerned about zoning of existing residential area, and proponent John Abney replied that the present homeowners are under contract until January, 1991. He explained that the area is commercially zoned until they find permanent buyers and also stated that they are concerned that taxes might change, but that they have agreed to purchase affected homes. No one appeared in opposition. Mayor McMinn closed the hearing at 10:53 a.m. Assistant City Manager Jim Bertram gave the adjacent land use relationships as follows: North - commercial South - residential East - residential West - commercial Mr. Bertram stated that the request is consistent with the Comprehensive Land Use Plan and went on to say that at a previous meeting the Planning and Zoning Commission considered and found the following two items acceptable: 1. The phased approach with a possibility of two stages in Phase I (example: the six lots ❑n the north being developed while the five lots on the south would have homes on them until a development is proposed). 2. A temporary street blockade and turn around (in lieu of a cul-de-sac) would be appropriate for an initial 18 month period. That closure would also be subject to City Council approval. Mr. Bertram stated that the P&Z Commission recommended the zone request with the following conditions: July 26, 1990 Page 552 1. No new curb cuts will be allowed on Slide Road. The street entrance on 52nd and the north alley return may remain. All residential curb cuts on 52nd shall be rebuilt when a commercial project is approved. Any new commercial drive on 52nd Street shall be 100' or more east of Slide Road. 2. A 7' (7' above any proposed final parking lot grade) cinder block fence with a brick ledge on each side of the footing shall be constructed on the south boundary. That fence shall be constructed prior to the removal for homes on the south 5 lots. The east fence shall be a standard 7' wood fence. 3. The east end of the development shall have a 30' building setback. 4. Contiguous lots on each side of the street shall be included in any staged redevelopment scheme. 5. A temporary turn around and fence may be used on 52nd Street at the east end of the development. An initial review regarding installation of brick facing on one or both sides of the cinder block fence and installation of a permanent brick fence on the east end, as well as the status of the temporary turn around and construction of the cul- de-sac, shall be on the Planning and Zoning Commission "Other Business" agenda during February 1992. The Commission shall issue a decision to brick the south fence and/or install the cul-de-sac and permanent east fence or defer action for one- year time periods. Any permanent brick fence shall conform to the standards outlined in the Slide Road Development Plan (January 26, 1984). 6. That a Site Plan, including building elevations showing materials, color and texture shall be submitted and approved by the Planning and Zoning Commission prior to the issuance of a Building Permit. Additional matters to be detailed by the Planning and Zoning Commission when the property is proposed for replat: 1. Design of the proposed temporary turn around. 2. Escrow of funds to ensure the cul-de-sac and brick fence facing. 3. Location of the temporary wood fence on the east end. According to Mr. Bertram, Staff supports the recommendation of the Planning and Zoning Commission, with conditions 1-6 noted above and Staff does not oppose proponent's request to postpone second reading. Motion was made by Mayor Pro Tem Baker, seconded by Councilwoman Trejo to authorize Ordinance #9367 with Conditions 1-6 recommended by P&Z and City Staff and additionally, to hold this item for second reading until a written request is submitted. Motion carried: 7 Yeas; 0 hays. 90-49B-553-380 (11). ORDINANCE #9368 July 26, 1990 Page 553 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2651; A ZONING CHANGE FROM R-1 TO IDP ZONING ON A TRACT OUT OF SECTION 36, BLOCK A- K, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PRO- VIDING FOR PUBLICATION. 90-49B--553-381 (12.) Henry Huneke appeared on behalf of H. A. Sessions to present this request for zone change. No one appeared in apposition. Mayor McMinn closed the hearing at 11:05 a.m. Assistant City Manager Jim Bertram stated that the area adjacent to Frankford remains zoned R-1 from the time it was annexed and gave the adjacent land use relationships as follows: North - heavy commercial/industrial South - heavy commercial (Womble Olds) East - mini warehouses/vacant zoned M-1 West - commercial and future city park According to Staff memo, the Comprehensive Land Use Plan notes this area as IDP, and a review of the major development items from IDP include: 1. 43' front yard setback on Frankford. 2. 1 acre minimum lots. 3. 200' minimum depth lots (these will be 367') 4. 5% landscaping 5. Outside storage shall be screened behind a 6' screening fence. 6. No truck loading or docks on the wall facing Frankford. 7. Walls facing Frankford shall be 30% brick, wood, stucco, aggregate stone or stone (excludes doors and windows) 8. A Site Plan review by P&Z prior to a construction permit. According to Mr. Bertram, this request is routine, and the Planning and Zoning Commission and City Staff recommended approval. Motion was made by Councilman Phillips, seconded by Councilman Maloy to authorize Ordinance #9369 as recommended by P&Z and Staff. Motion carried: 7 Yeas; 0 Nays. Specific Use (for residential and out-nati.ent counselling facility for persons with alcohol dependency and related diagnoses on Lots 9-20, Block 101, Original Town. July 26, 1990 Page 554 ORDINANCE #9369 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2652; A ZONING CHANGE FROM C-4 TO C-4 SPECIFIC USE PERMIT FOR RESIDENTIAL AND OUT- PATIENT COUNSELING FACILITY FOR PERSONS WITH ALCOHOL DEPENDENCY AND RELATED DIAGNOSIS 0I9 LOTS 9-20, BLOCK 101, ORIGINAL TOWN, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Gene Menefee, Director of MHMR, appeared to present this request for zone change to allow a treatment and counselling center in the former Civic Center Inn building and also gave a slide presentation of present MHMR facilities and of the proposed facility noting needed improvements. Dr. S. M. Kennedy, Trustee of MHMR, Joe Phillips, Bishop William H. Watson, Rene Coke, Juan Luna, and Cecil Puryear spoke in favor of this request. Bill Ranck and Elwood Kinney, property owners adjacent to the proposed facility, spoke in opposition to the request. Mayor McMinn closed the hearing at 11:33 a.m. Assistant City Manager Jim Bertram stated that such treatment centers require Specific Use for any proposed location and gave the adjacent land use relationships as follows: North - commercial South - commercial East - commercial West - commercial According to Staff memo, the request is not a Comprehensive Land Use Plan question, as the entire area is designated commercial. The use, because of the potential sensitivity of the operations, requires a Specific Use Permit in any location. The Inn had a total of 91 rooms along with the administrative, meeting and restaurant areas, and Ms. Foster (MHMR employee) has indicated that approximately 81 parking spaces will be acquired with the property. The counselling center has no parking ratio listed in the zoning code. Ms. Foster reported that a number of the rooms will be converted to offices and that their policy is to encourage residents to leave personal vehicles elsewhere and use MHMR transportation. She estimated that 67 spaces will be needed if each Staff person is counselling ❑ne client, which leaves 14 for general use. The Planning and Zoning Commission recommended a condition which would require that MHMR obtain additional spaces if conditions ❑r verified complaints indicate a need. During the P&Z hearing, Ms. Foster indicated that current plans were to locate outpatient counselling at the new site. Most clients are currently utilizing the location at Broadway and Texas (1210 Texas). The programs are generally 8:00 a.m. to 5:00 p.m. weekdays with two ❑r three 6:00 p.m. t❑ 8:00 p.m. sessions. Building security monitors all doors with panic hardware and silent alarms and the only entry/exit to the building will be at the main door under the old 90-49B--555-382 (13.) (14.) July 26, 1990 Page 555 canopy adjacent t❑ the alley on the north (except for emergency exits). MHMR personnel are staffed at the building all hours. The residential program is anticipated to include 15 detoxification beds for persons ages 18 and up, 28 beds for the 28 to 45 day treatment program and eventually 10 treatment beds for clients ages 13 to 17, and the MHMR Staff will number approximately 45 persons. Staff comments indicated that several adjacent property owners and one Planning and Zoning Commission member indicated serious doubts about compatibility ❑f the proposed use with the area. Supporting the proposal were a number ❑f MHMR Board members, Gene Menefee, Ms. Foster and a letter from CenterCorp. Since the hearing was based primarily ❑n the "social" aspects of the use versus technical land use issues, Staff did not make a recommendation. The Planning and Zoning Commission recommended approval of the request with tw❑ conditions: 1. Operation ❑f the facility shall be limited to MHMR. 2. MHMR shall acquire additional parking should a valid parking shortage occur directly attributed to activities within MHMR facility. Prior to the Zone Case hearing before Council, written property owner opposition received amounted to approximately 10%. Councilman Maloy asked Staff that if Council were to approve this request and there are problems associated, would the zoning be indefinite, and Mr. Bertram replied that once zoning is in place, Staff could not provide a remedy, and MHMR would be responsible for alleviating any problems. Mayor Pr❑ Tem Baker stated her understanding that in case of problems, Council could appeal to the State for relief. Motion was made by Councilman Patterson, seconded by Councilman Aderton to authorize Ordinance #9369 with Conditions recommended by P&Z. Motion carried: 7 Yeas; 0 Nays. east of the Lubbock Children's Home. Consider approval -of an Oil and Gas Drilling Permit for West Lee Harrison #28. Randy McClay appeared on behalf of Tamarack Petroleum to present this request for approval of an oil and gas drilling permit. No one appeared in opposition. Mayor McMinn closed the hearing at 11:42 a.m. Assistant City Manager Jim Bertram stated that on July 5, 1990, Staff received an application for a permit to drill the above described well. The storage site is July 26, 1990 Page 556 90-49B-556-383 (15.) proposed at an existing tank battery outside the City limits, east and south of the Lubbock Children's Home on property owned and farmed by the Home. According to Staff memo, the application is substan- tially in order. The Lee Harrison field is an approved water flood operation for secondary recovery, and as such, the well has no production unit. Tamarack proposes earth sludge pits with no landscaping at the well. The blowout protector has a minimum rating of 3,000 psi. Disposal of waste materials is proposed at an approved site outside Lubbock County. Access to the drill site will be from Erskine on private property. SHORT TERM IMPACTS: A minimum of impact is expected for the short term since the area is undeveloped. Six existing wells surround this proposed site, and the well and storage sites are remote from any residential. POTENTIAL LONG TERM IMPACTS: The land area surrounding and including this site is designated residential on the Comprehensive Land Use Plan; however, the Children's Home owns the property and leases it for farming. Since little or no development is projected for the immediate area for many years, long term negative impacts should be minimal. RECOMMENDED PERMIT CONDITIONS: 1. No hydrocarbon lubricant (waste oil) shall be used to free -up the hole during drilling until after the first series of surface casing has been set which will protect the water aquifer. The first series of casing depth shall be in compliance with the Texas Water Commission and Texas Railroad Commission requirements. 2. The permittee shall notify the Lubbock office of the Texas Railroad Commission for the intended dates for casing the well. 3. Casing of the well shall be in substantial compliance with applicable portions of Rule 13 of the Texas Railroad Commission. 4. The permittee shall meet all other conditions of Section 14, Article VI of the Lubbock Cade and those specifications indicated within the application of Tamarack Petroleum for West Lee Harrison Unit #28. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to approve issuance of an Oil & Gas Drilling Permit to Tamarack Petroleum (West Lee Harrison #28). Motion carried: 7 Yeas; 0 Nays. The well site for North Loop Unit #1 is south of Loop 289 and west of North Quirt. July 26, 1990 Page 557 (16.) Consider approval f an Oil and Gas Drilling Permit for North Looa Unit #1. Dub Bratcher appeared on behalf of Texland Petroleum to request approval of an Oil and Gas Drilling Permit for North Loop Unit #1. Lloyd Croslin, property owner, and Bob Ranck spoke in opposition to this request. After a lengthy discussion between Council, the proponent, and the opposition, Mayor McMinn closed the hearing at 12:19 p.m. Assistant City Manager Jim Bertram stated that on January 23, 1990, Staff received an application for a permit to drill the above described well, and a permit request was withdrawn at this site in February, 1990. The storage site is proposed at an existing tank battery. The site is south of Loop 289 and west of North Quirt Avenue According to Staff memo, the application is substantially in order. The production unit contains 40 acres and has a maximum diagonal of less than 3,000'. Texland proposes earth sludge pits and no landscaping at the well. The blowout protector has a minimum rating of 3,000 psi. Disposal of waste materials is proposed at a Railroad Commission approved landfill in Lubbock County. Access to the drill and storage site is proposed from Loop 289 on private property. SNORT TERM IMPACTS: The surface owner of the tract where the well is proposed to be located is separate from the mineral interest. As such, the mineral owners have a right by State Law to condemn a surface area for the well. Lloyd Croslin and Sam Arnett own the surface and have not been able t❑ agree with Texland on a suitable well location. The Staff anticipated that Council would be asked to become a part of the decision making process for the well location. This parcel at Quirt and Loop 289 is zoned M-1 with conditions and is not platted. The Comprehensive Land Use Plan illustrates IDP as policy at the site. At some point, commercial or light industrial development would be anticipated. The well and storage site are remote from any existing residential development. POTENTIAL LONG TERM IMPACTS: The land area surrounding and including this lease is designated as IDP on the 1986 Comprehensive Land Use Plan. Little additional development is projected soon in the immediate area, so long term negative impacts should be minimal. As stated above, there was disagreement between the surface and mineral owners. The well is set back approximately 140' from the Loop 289 access road. The site is on the edge of a large/playa area which is towards the west. RECOMMENDED PERMIT CONDITIONS: 1. No hydrocarbon lubricant (waste oil) shall be used to free -up the hole during drilling until after the first series of surface casing has been set which will protect the water aquifer. The first series of casing depth shall be in compliance with the Texas Water Commission and Texas Railroad Commission requirements. July 26, 1990 Page 558 90-49B,-558-384 (17.) 2. The permittee shall notify the Lubbock office of the Texas Railroad Commission for the intended dates for casing the well. 3. Casing of the well shall be in substantial compliance with applicable portions of Rule 13 of the Texas Railroad Commission. 4. The permittee shall meet all other conditions of Section 14, Article VI of the Lubbock Code and those specifications indicated within the appli cation of Texas for North Loop Unit #1. Mr. Bertram informed Council that the application is in order, and that his only suggestion would be to consider moving the well south or east. Motion was made by Councilman Maloy, seconded by Councilwoman Trej❑ to deny issuance of an Oil & Gas Grilling Permit to Texland Petroleum (North Loop Unit 41). Motion carried: 5 Yeas; 2 Nays --Councilman Aderton and Mayor Pro Tem Baker. RESOLUTION 43420 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 disposal of sewage effluent as an integral part of the sewage disposal system of the City of Lubbock; 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: The Southeast Quarter (SE/4) of Section Six (6), Block 0, Lubbock County, Texas. SECTION 2. THAT 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 and the Right -of -Way Department of the City of Lubbock is authorized to offer the owners of said land, being Frances Evelyn Maddox and Inez Marie Trostle, the amount of $176,000.00, 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 improvements located thereon, and that unless such offer is accepted by July 31, 1990, the City Attorney is authorized to proceed with condemnation proceedings. July 26, 1990 Page 559 Passed by the City Council this 26th day of July, 1990. /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 Bucv IsI Harold Willard Ed Bucy, Right -of -Way Agent Harold Willard, Assistant City Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK 0 CONTRACT OF SALE This Contract of Sale is made by and between FRANCES EVELYN MADDOX and INEZ MARIE TROSTLE, both of Potter County, Texas, (collectively referred to herein as "SELLERS") and the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation of Lubbock County, Texas, (referred to herein sometimes as "CITY" and sometimes as "BUYER"). R E C I I A 11 :1. SELLERS own 160.00 acres of land, more or less, located in Lubbock County, Texas, and all improvements located upon the land. ��. SELLERS desire to sell and CITY desires to buy the above described property, herein referred to as "the PUGH ESTATE FARM," free and clear of all liens, claims and encumbrances, and upon the terms and conditions hereinafter set forth. AGREEMENT: I. PROPERTY For the consideration hereinafter set forth and upon all terms, conditions and provisions herein contained, SELLERS agree to sell and convey to BUYER, and BUYER agrees to purchase the following described properly located in Lubbock County, Texas: A. Real Property: A total of 160.00 acres of land, more or less, and more particularly described as follows: The Southeast Quarter (SE/4) of Section Six (6), Block 0, Lubbock County, Texas. This conveyance shall be subject to all written oil, gas and other mineral leases, restrictions, covenants, reservations and mineral severances and rights -of -way of record in Lubbock County, Texas, or visible upon the ground, but only to the extent they are still in force and effect at the time of such conveyance. This Agreement to sell and convey property specifically includes the property above described together with all the rights and appurtenances pertaining thereto and all improvements thereon. SELLERS hereby reserve all minerals unto themselves and all mineral leasing privileges. B. Personal Property: This Agreement to sell and convey the property above described shall specifically include irrigation wells, underground tile, and any other improvements situated on the real property herein described. July 25, 1990 Page 550 11. CONSIDERATION BUYER shall pay to SELLERS the purchase price for the real and personal property as follows: A. Cash: ONE HUNDRED SEVENTY-SIX THOUSAND AND NO/100 DOLLARS ($175,000.00) cash to be paid by BUYER to SELLERS at closing. B. Adiustment of Sales Price: The sales price of ONE HUNDRED SEVENTY-S1X THOUSAND AND NO/100 DOLLARS ($175,000.00) is based upon the total acreage of 150.00 acres, more or less. EVIDENCE OF TITLE Within five (5) days from the date of this Contract, BUYER will cause a preliminary title insurance commitment to be issued at BUYER'S expense. BUYER shall inform SELLERS in writing within five (5) days of the date BUYER receives said title insurance commitment if BUYER discovers objer_tiions or defects which prevent the issuance of a title policy in the form required. SELLERS will use their best efforts to correct, within thirty (30) days, said objections and defects. If SELLERS are unable to correct, said objections and defects at or before closing, then BUYER may elect to declare this Contract terminated and of no further force and effect;, or BUYER may waive the objections and defects to title and agree to accept the title as not conforming in all respects to the foregoing re- quirements, in which event, this sale shall be closed as herein provided. The tittle commitment and policy will be issued from the title company selected by BUYER. IV. TAXES A. Ad Valorem Taxes: It is understood that the ad valorem taxes for 1988 and 1989 and all previous years have been paid and that prorated taxes for 1990 to the date of closing will be paid by SELLERS. V. CONDITIONS PRECEDENT The obligations of the parties to consummate this transaction are subject, to the fulfillment, at or prior to closing, of each of the following conditions: A. A title policy issued in favor of CITY as hereinabove set forth. B. CITY is able to secure from SELLERS such legal documents as may be required to consummate this transaction, including the acquisition of good and indefeasible title to the property which is the subject of this Contract of Sale, free and clear of all liens, claims and encumbrances as herein provided or which may appear at the time of closing, including a general warranty deed from the respective SELLERS and appropriate release of all liens. C. Compliance with all laws applicable to CITY as may be necessary to effectuate this Contract, together with the issuance and funding of all necessary debt financing of CITY with respect to the purchase. D. The acquisition of the real estate is free and clear of all claims of any parties in possession so that CITY is free, beginning January 1, 1991, or at the end of the 1990 crop year, July 26, 1990 Page 561 whichever occurs last, to enter into any contract for the use, operation, management or maintenance of the PUGH ESTATE FARM as CITY may desire, subject to the rights of SELLERS to harvest crops for the 1990 crop year as herein provided. Immediately upon execution of this Contract, SELLERS and BUYER each agree to diligently pursue in good faith all actions as may be necessary to fulfill the above conditions as soon as reasonably possible. V1. CONTRACT BINDING This Contract and all covenants and agreements herein shall inure to the benefit of and be binding upon the parties hereto and upon their respective heirs, administrators, executors, successors and assigns. VII. PLACE OF PERFORMANCE The parties agree that all payments, remedies and conditions performable under the terms of this Contract shall be payable and performable in Lubbock County, Texas. VIII. PROPERTY ACCEPTED AS IS BUYER represents that it has inspected the property and agrees to accept the real property and all personal property and improvements conveyed AS IS, WHERE IS and WITH ALL OF THEIR FAULTS; and said property is being sold without any warranty as to quality or fitness, save and except those representations made in a general warranty deed and bill of sale in the standard form provided by the State of Texas. SELLERS do not warrant as to the total footage of underground pipe; the total footage of fences; the condition of any improvements or irrigation equipment; or the total acreage or boundaries. IX. NOTICE Any notice given or made for any purpose pursuant to this Contract shall be valid if in writing and sent by certified mail, return receipt requested, postage prepaid, addressed as follows: If to SELLERS: Frances Evelyn Maddox Inez Marie Trostle P. 0. Box 1628 Amarillo, Texas 79105 If to BUYER: John C. Ross, Jr. City Attorney or the Acting City Attorney CITY OF LUBBOCK P. 0. Box 2000 Lubbock, Texas 79457 Either party may, at any time, and from time to time, in the manner set forth herein for the giving of notice, change the address of such party as designated in this paragraph. X. CROPS It is understood and agreed that all of the feed and harvested crops on hand, as well as the growing of crops for the year 1990 and proceeds of sale from all such crops, belong to and are being retained by the respective SELLERS, and SELLERS have the right to continue the harvest of all crops without liability or obligation to BUYER. July 26, 1990 Page 562 XI. REALTOR BUYER and SELLERS represent to each other that neither party has retained a reactor or broker with respect to this Contract of Sale and no realtor or broker fees are due to any party. XII. CLOSING Time is of the essence in this Contract. It is understood that after this Contract is executed actions are required by both SELLERS and BUYER in order to satisfy the conditions precedent, and that closing will occur on or before August 1, 1990. Closing shall take place at the office of the title company selected by BUYER, or such other place as the parties may mutually agree. At the time of closing, all documents are to be executed and delivered, and all monies are to be paid. XIII. GENERAL CONDITIONS A. PassessiQn: BUYER shall acquire the right to own and operate the PUGH ESTATE FARM as of January 1, 1991, or at the end of the 1990 crop year, whichever occurs last. B. Entire Agreement: This Contract embodies the entire agreement and understanding of the parties and supersedes any and all prior letters of intent, agreements, arrangements and understandings relative to the subject matter hereof. C. Contract Survives: The terms and conditions of this Contract shall survive closing and are enforceable as between the parties hereto, their heirs, legal representatives, successors and assigns. D. Counterparts: This Contract may be executed in one or more counterparts, each of which shall be effective as an original. IN WITNESS WHEREOF, the parties hereto have executed this Contract of Sale, effective this 26th day of July, 1990. Ise Frances Evelyn Maddox FRANCES EVELYN MADDOX CITY OF LUBBOCK: BY:Ls/_6. C. McMinn B. C. McMINN, MAYOR ATTEST: SELLERS: /s/ Inez Marie Trostl e„ INEZ MARIE TROSTLE BUYER: Is/ Beatrice Cervantes, Deputy City Secretary for Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Ls/Ed Buc Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: Isj Harold Willard Harold Willard, Assistant City Attorney July 26, 1990 Page 563 THE STATE OF TEXAS § COUNTY OF POTTER § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared FRANCES EVELYN MADDOX, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 31st day of July, 1990. Is/ Cynthia J. Andrews Notary Public in and for the State of Texas THE STATE OF TEXAS § COUNTY OF POTTER § BEFORE ME, the undersigned authority, a Notary Public in and for said County;, Texas, on this day personally appeared INEZ MARIE TROSTLE, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 31st day of July, 1990. Is1 Cynthia J. Andrews Notary Public in and for the State of 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 B. C. McMINN, MAYOR of the City of Lubbock, 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 City of Lubbock. GIVENI UNDER MY HAND AND SEAL OF OFFICE this 26th day of July, 1990. /s/ Olivia R. Solis_____ Notary Public in and for the State of Texas This Resolution authorizes the Mayor to sign a Sales Contract for 160 acres of land out of the southeast quarter of Section 6, Block 0, Lubbock County, Texas, owned by Frances Evelyn Maddox and Inez Marie Trostle for purchase of additional land at the Land Application Site for the application of effluent sewer water. The landowners have accepted the City's offer of $1,100 per acre for a total offer of $176,000. Staff recommended approval. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to authorize Resolution #3420 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays --Councilman Maloy absent from Council chambers. 90-49B-563-3B5 (18.) Consider Resolution #3421 authorizing the Mayor to execute a contract of sale for the Burgess Farm (one mile east of the City Limits on East 19th Street). July 26, 1990 Page 564 RESOLUTION #3421 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 disposal of sewage effluent as an integral part of the sewage disposal system of the City of Lubbock; 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: The West 122.75 acres out of the South Half (S/2) of Survey 72, Block A, Certificate No. 928, E. L. & R.R. RY Co., Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the middle of the intersection of an East-West County Road with a North -South County Road, the S.W. corner Survey 72, Block A, Lubbock County, Texas, and the S.W. corner of this Survey; THENCE N. 00009' E., a distance of 953.70 varas along the middle of the North -South County Road, and along the West line of Survey 72, Block A, to a point, the N.W. corner of this Survey, and the S.W. corner of the North Half (N/2) of Survey 72, Block A; THENCE East, along the common boundary line of the North and South Halves of Survey 72, Block A, a distance of 722.11 varas t❑ a 1" iron pipe on the South side of an irrigation ditch, the N.E. corner of this survey, and the N.W. corner of the East 200 acres of the South Half (S/2) of Survey 72, Block A; THENCE S. 00*05' East, a distance of 953.70 varas to a point in the muddle of the East-West County Road, from which a 1" iron pipe in an East-West fence bears N. 00*05' W. about 20 feet, which point is the S.E. corner of this Survey, and the S.W. corner of the East 200 acres of the South Half (S/2) of Survey 72, Block A; THENCE West a distance of 726.21 varas, along the center of the East-West County Road and the South line of Survey 72, Block A, to the PLACE OF BEGINNING. SECTION 2. THAT 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 and the Right -of -Way Department of the City of Lubbock is authorized to offer the owner of said land, being Hubert L. Burgess, the amount of $135,025.00, 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 that unless such offer is accepted by August 15, 1990, the City Attorney is authorized to proceed with such condemnation proceedings. July 26, 1990 Page 565 Passed by the City Council this 26th day of July, 1990. /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 Bucv /s/ Harold Willard Ed Buc:y, Right -of -Way Agent Harold Willard, Assistant City Attorney THE STATE OF TEXAS § CONTRACT OF SALE COUNTY OF LUBBOCK This Contract of Sale is made by and between HUBERT L. BURGESS, (herein referred to as "SELLER") and the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation of Lubbock County, Texas, (referred to herein sometimes as "CITY" and sometimes as "BUYER"). RECITALS: 1. SELLER owns 122.75 acres of land, more or less, located in Lubbock County, Texas, and all improvements located upon the land. 2. SELLER desires to sell and CITY desires to buy the above described property, herein referred to as the "BURGESS FARM," free and clear of all liens, claims and encumbrances, and upon the terms and conditions hereinafter set forth. A G R E E M E N T: I. PROPERTY For the consideration hereinafter set forth and upon all terms, conditions and provisions herein contained, SELLER agrees to sell and convey to BUYER, and BUYER agrees to purchase the following described property located in Lubbock County, Texas: A. Real Property: A total of 122.75 acres of land, more or less, and more particularly described as follows: The West 122.75 acres out of the South Half (S/2) of Survey 72, Block A, Certificate No. 928, E. L. & R.R. RY Co., Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the middle of the intersection of an East-West County Road with a North -South County Road, the S.W. corner Survey 72, Block A, Lubbock County, Texas, and the S.W. corner of this Survey; THENCE N. 00*09' E., a distance of 953.70 varas along the middle of the North -South County Road, and along the best line of Survey 72, Block A, to a point, the N.W. corner of this Survey, and the S.W. corner of the North Half (N/2) of Survey 72, Block A; THENCE East, along the common boundary line of the North and South Halves of Survey 72, Block A, a distance of 722.1I varas to a 1" iron pipe on the South side of an irrigation ditch, the N.E. corner of this survey, and the N.W. corner of the East 200 acres of the South Half (S/2) of Survey 72, Block A; July 26, 1990 Page 566 THENCE S. 00005' East, a distance of 953.70 varas to a point in the middle of the East-West County Road, from which a V iron pipe in an East-West fence bears N. 00*05' W. about 20 feet, which point is the S.E. corner of this Survey, and the S.W. corner of the East 200 acres of the South Half (S/2) of Survey 72, Block A; THENCE West a distance of 726.21 varas, along the center of the East-West County Road and the South line of Survey 72, Block A, to the PLACE OF BEGINNING. This conveyance shall be subject to all written oil, gas and other mineral leases, restrictions, covenants, reservations and mineral severances and rights -of -way of record in Lubbock County, Texas, or visible upon the ground, but only to the extent they are still in force and effect at the time of such conveyance. This Agreement to sell and convey property specifically includes the property above described together with all the rights and appurtenances pertaining thereto and all improvements thereon. .'TELLER hereby reserves all minerals unto himself and all mineral leasing privileges. B. Personal Property: This Agreement to sell and convey the property above described shall specifically include irrigation wells, underground tile, and any other improvements situated on the real property herein described. II. CONSIDERATION 13UYER shall pay to SELLER the purchase price for the real and personal property as follows: A. Cash: ONE HUNDRED THIRTY-FIVE THOUSAND TWENTY-FIVE AND NO/100 DOLLARS ($135,025.00) cash to be paid by BUYER to SELLER at closing. B. Adjustment of Sales Price: The sales price of ONE HUNDRED THIRTY-FIVE THOUSAND TWENTY-FIVE AND NO/100 DOLLARS ($135,025.00) is based upon the total acreage of 122.75 acres, more or less. It is understood that BUYER has the right to cause a survey to be made at BUYER'S expense to determine the exact boundaries, encroachments and number of acres contained in the property acquired by BUYER. In the event the total number of acres as determined by the survey is different than the above stated acreage, the total sales price will be adjusted upward or downward according to the difference by the sum of ONE THOUSAND ONE HUNDRED AND NO/100 DOLLARS ($1,100.00) per acre. EVIDENCE OF TITLE Within ten (10) days from the date of this Contract, BUYER will cause a preliminary title insurance commitment to be issued at BUYER'S expense. BUYER shall inform SELLER in writing within ten (10) days of the date BUYER receives said title insurance commitment if BUYER discovers objections or defects which prevent the issuance of a title policy in the form required. SELLER will use his best efforts to correct, within thirty (30) days, said objectiions and defects. If SELLER is unable to correct said objections and defects at or before closing, then BUYER may elect to declare this Contract terminated and of no further force and effect; or BUYER may waive the objections and defects to title and agree to accept the title as not conforming in all respects to the foregoing requirements, in which event, this sale shall be closed as herein provided. The title commitment and policy will be issued from the title company selected by BUYER. July 26, 1990 Page 567 IV. TAXES A. Ad Valorem Taxes: It is understood that the ad valorem taxes for 1988 and 1989 and all previous years have been paid and that prorated taxes for 1990 to the date of closing will be paid by SELLER. V. CONDITIONS PRECEDENT The obligations of the parties to consummate this transaction are subject to the fulfillment, at or prior to closing, of each of the following conditions: A. A title policy issued in favor of CITY as hereinabove set forth. 13. CITY is able to secure from SELLER such legal documents as may be required to consummate this transaction, including the acquisition of good and indefeasible title to the property which is the subject of this Contract of Sale, free and clear of all liens, claims and encumbrances as herein provided or which may appear at the time of closing, including a general warranty deed from the SELLER and appropriate release of all liens. C. Compliance with all laws applicable to CITY as may be necessary to effectuate this Contract, together with the issuance and funding of all necessary debt financing of CITY with respect to the purchase. D. The acquisition of the real estate is free and clear of all claims of any parties in possession so that CITY is free, beginning January 1, 1991, ❑r at the end of the 1990 crop year, whichever occurs last, to enter into any contract for the use, operation, management or maintenance of the BURGESS FARM as CITY may desire, subject to the rights of SELLER t❑ harvest crops for the 1990 crop year as herein provided. Immediately upon execution of this Contract, SELLER and BUYER each agree Ito diligently pursue in good faith all actions as may be necessary to fulfill the above conditions as soon as reasonably possible. VI. CONTRACT BINDING This Contract and all covenants and agreements herein shall inure to the benefit of and be binding upon the parties heret❑ and upon their respective heirs, administrators, executors, successors and assigns. VII. PLACE OF PERFORMANCE The parties agree that all payments, remedies and conditions performable under the terms of this Contract shall be payable and performable in Lubbock County, Texas. VIII. PROPERTY ACCEPTED AS IS BUYER represents that it has inspected the property and agrees to accept the real property and all personal property and improvements conveyed AS IS, WHERE IS and WITH ALL OF THEIR_FAULT5; and said property is being sold without any warranty as to quality or fitness, save and except those representations made in a general warranty deed and bill of sale in July 26, 1990 Page 558 the standard form provided by the State of Texas. SELLER does not warrant as to the total footage of underground pipe; the total footage of fences; the condition of any improvements or irrigation equipment; or the total acreage or boundaries. IX. NOTICE Any notice given or made for any purpose pursuant to this Contract shall be valid if in writing and sent by certified mail, return receipt requested, postage prepaid, addressed as follows: If to SELLER: If to BUYER: Mr. Hubert L. Burgess 2805 24th Street Lubbock, Texas 79410 John C. Ross, Jr. City Attorney CITY OF LUBBOCK P. 0. Box 2000 Lubbock, Texas 79457 Either party may, at any time, and from time forth herein for the giving of notice, change designated in this paragraph. X. CROPS to time, in the manner set the address of such party as It is understood and agreed that all of the feed and harvested crops on hand, as well as the growing of crops for the year 1990 and proceeds of sale from all such crops, belong to and are being retained by the SELLER, and .TELLER has the right to continue the harvest of all crops without liability or ❑bligation to BUYER. XI. REALTOR BUYER and SELLER represent to each other that neither party has retained a reactor or broker with respect to this Contract of Sale and no realitor or broker fees are due to any party. XII. CLOSING Time is of the essence in this Contract. It is understood that after this Contract is executed actions are required by both SELLERS and BUYER in order to satisfy the conditions precedent, and that closing will occur on or before October 1, 1990. Closing shall take place at the office of the title company selected by BUYER, or such other place as the parties may mutually agree. At -the time of closing, all documents are to be executed and delivered, and all monies are to be paid. XIII. GENERAL CONDITIONS A. Possession: BUYER shall acquire the right to own and operate the BURGESS FARM as of January 1, 1991, or at the end of the 1990 crop year, whichever occurs last. B. Entire_ Agreement: This Contract embodies the entire agreement and understanding of the parties and supersedes any and all prior letters of intent, agreements, arrangements and understandings relative to the subject matter hereof. July 26, 1990 Page 569 C. Contract Survives: The terms and conditions of this Contract shall survive closing and are enforceable as between the parties hereto, their heirs, legal representatives, successors and assigns. D. Counter arts: This Contract may be executed in one or more counterparts, each of which shall be effective as an original. IN WITNESS WHEREOF, the parties hereto have executed this Contract of Sale, effective this 26th day of July, 1990. Zsl Hubert L. Burgess HUBERT L. BURGESS SELLER: BUYER: CITY OF LUBBOCK: BY:/s/ B. C. McMinn B. C. MciiINN, MAYOR ATTEST: IsZ Beatrice Cervantes, Deputy City Secretary for Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is/ Ed Buc' Ed Bucy, Right -of -Way Agent THE STATE OF TEXAS § COUNTY OF LUBBOCK § APPROVED AS TO FORM: Is1 Harold Willard Harold Willard, Assistant City Attorney 13EFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared HUBERT L. BURGESS, known to me to Ibe 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. GIVENI UNDER MY HAND AND SEAL OF OFFICE this 2nd day of August, 1990. s Cleta Husted Notary Public in and for the State of 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 B. C. McMINN, MAYOR of the City of Lubbock, 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 26th day of July, 1990. Is1 Olivia R. Solis Notary Public in and for the State of Texas This Resolution authorizes the Mayor to sign a Sales Contract for the purchase of approximately 122.75 acres of land for the Land Application Site located in the southwest part of Section 72, Block A, Lubbock County, Texas. Hubert L. Burgess, owner of this property, has July 25, 1990 Page 570 90-49B-.570-386 (19.) agreed to sell for $1,100 per acre for a total of $135,025. Council approved Right -Of -Way Department acquisition of approximately 957 acres of additional land for the Land Application Site this year. Total acreage acquired after close on these two tracts will be 757.3 remaining (Jimmy Powe, owner). Staff recommended approval. Motion was made by Councilman Patterson, seconded by Councilman Aderton to authorize Resolution 43421 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays --Councilman Maloy absent from Council Chambers. Consider Resolution 43422 authorizing the Mayor to execute an amendment to a Street Use License between the City of Lubbock and Borden, Inc. (505 Avenue J). RESOLUTION 43422 WHEREAS, Borden, Inc. of Lubbock, Texas (herein called "Licensee") and the City of Lubbock (herein called "Licensor") entered into a Street Use License Agreement which is dated May 23, 1985, for the purpose of Licensee constructing and maintaining a milk storage tank partially in a dedicated public street as therein described, said Street Use License is incorporated by reference into this Resolution as if written in detail in this place; and WHEREAS, said Licensee has previously requested the Licensor for an amendment to the terms of said Street Use License to cover one additional tract of land (which is also part of a dedicated public street) to be used for another milk storage tank which amendment was granted by the City of Lubbock by passage of Resolution No. 3144 by its City Council, and Licensee has now requested a new amendment to said Street Use License Agreement to cover one additional tract of land (which is also part of a dedicated public street) to be used for the purposes hereinafter set forth; and WHEREAS, Licensor after consideration of the matter finds such request: will not discommode the public in the use of said dedicated public street and such request should be granted as hereinafter set forth; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT in addition to the existing tract of land (as amended) already licensed to Licensee for construction and maintenance of two milk storage tanks, the following additional tract is added by this amendment to said Street Use License as an additional tract of land licensed to Licensee for the purposes as hereinafter stated: BEGINNING at a point a distance of 13.00 feet South of the Northwest corner of Lot 4, Block 23, Original Town to the City oaf Lubbock, Lubbock County, Texas; THENCE West a distance of 3.70 feet; THENCE North a distance of 40.00 feet; THENCE East a distance of 3.70 feet; THENCE South a distance of 40.00 feet to the P01NT OF BEGINNING. SECTION 2. THAT by Licensee's payment to Licensor of the five (5) year term renewal fee now due under the terms of the License and acceptance of said payment by Licensor as compensation also for the licensing of said one additional tract (being part of the dedicated street as hereinabove stated), Licensee accepts all the terms of the existing Street Use License as applying to the one additional tract of land hereby licensed to July 26, 1990 Page 571 Licensee. Such acceptance by Licensee of the terms of said Street Use License as applying to said one additional tract of land is further made by Licensee's previous construction of a milk storage tank pursuant to the original Street Use License Agreement authorized by Resolution No. 2033, another milk storage tank constructed pursuant to said Resolution No. 3144 amendment to said License, and the construction of two more additional milk storage tanks and a pump facility structure hereby authorized and permitted by this new amendment to said License, and accomplished by this Resolution as now passed by the City Council. The term of the Street Use License shall terminate at the same time as originally provided in said Street Use License Agreement. SECTION 3. THAT except as hereby amended, the terms of said Street Use License! shall remain the same, and as hereby amended is hereby ratified and confirmed by Licensor by passage of this Resolution and by Licensee's acceptance of the terms of this Resolution as aforesaid. Passed by the City Council this 26th day of July, 1990. ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Ed Buc Ed Bucy, Right -of -Way Agent Ls1 B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Is1 J. Worth Ful l i.ngim�_ J. Worth Fullingim, Assistant City Attorney This Resolution amends the original 20-year Street Use License issued on May 23, 1985 to Borden, Inc., for an encroachment into the east right-of-way of Avenue J between 5th and 6th Streets for a milk storage tank. It will add an additional encroachment caused by the construction of two milk storage tanks and a pumping station which will encroach into the right-of-way of Avenue J in an area of 3.7' wide and 40.0' long for total square footage of the encroachment of 148 square feet. This is the second amendment to the original License, which was first amended for by Resolution No. 3144 (July 13, 1989) for a second milk storage tank which encroached into the right-of-way 3.7' by 14'. The next five-year term of the original Street Use License is now due and payable, and the five-year payment of $250 will cover all three tracts of the original License and the two amendments. Staff recommended approval. Motion was made by Councilwoman Trejo, seconded by Councilman Phillips to authorize Resolution #3422 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays --Councilman Maloy absent from Council Chambers. July 26, 1990 Page 572 90-49B-572-387 (20.) 90-49B-572-388 (21.) This is a routine sale of property by the Urban Renewal Agency to Charles E. Key, dba Key Construction Company, for $300. This property is t❑ be redeveloped as a single-family residence and is properly zoned. This proposed sale was submitted according to the Marketing Plan for the Guadalupe Area adopted by the Urban Renewal Board of Commissioners ❑n October 17, 1989. Motion was made by Councilman Patterson, seconded by Councilman Phillips t❑ accept price and conditions of sale of Parcel Number 33500-15-60 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. RESOLUTION #3423 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor ❑f the City of Lubbock BE and is hereby authorized and directed to execute for and ❑n behalf of the City ❑f Lubbock an Agreement for Economic and Aviation Consulting Services with Kurth & Company, Inc., attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes ❑f this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 26th day ❑f July, 1990. Is1 B. C. McMinn B. C. McMINN, MAYOR ATTEST: Zs/ Ranette Boyd Ranet:te Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: IsL Stern E. Case I sj Harold Willard - Bern E. Case, Director of Harold Willard, Assistant Aviation City Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK § AGREEMENT FOR ECONOMIC AND AVIATION CONSULTING SERVICES THIS AGREEMENT is made and entered into this 26th day of July, 1990, by and between the City of Lubbock, Texas, a home rule municipality located in Lubbock County, Texas, hereinafter referred to as "Client," and Kurth & Company, Inc. 4400 MacArthur Blvd., N.W., Washington, D.C. 20007, hereinafter referred to as "KCInc." WITNESSETH: THAT for and in consideration ❑f the sums hereinafter stated to be paid by Client, KCInc agrees to provide economic and aviation consulting services as agreed upon between the parties and pursuant t❑ ATTACHMENT 1, incorporated herein by reference and made a part of this Agreement. July 26, 1990 Page 573 Client agrees to pay KCInc for services rendered at the hourly rates set forth in ATTACHMENT 2, incorporated herein by reference and made a part of this Agreement. These hourly rates may be adjusted on November I of each year to reflect changes in the Consumer Price Index published by the Bureau of Labor Statistics. II Client agrees to reimburse KCInc for all long distance telephone, telegraph, telex, local messenger service, intercity express deliveries, photocopies, travel (airline ticket, hotel accommodations, meals, rental cars, etc.) postage, computer time and similar out-of-pocket expenses reasonably incurred by KCInc in providing the aviation and consulting services herein described. III The total cost to Client for the services of KCInc herein described, includiing all expenses subject to reimbursement, shall not exceed Twenty Thousand and No/IOU Dollars ($20,000). KCInc shall send Client monthly statements which indicate the hours spent by each class of employee performing the services herein described and the expenses incurred performing such services. All such statements shall be paid within thirty (30) days of the date received by Client, or Client must notify KCInc in writing of any amounts improperly billed to Client. Iv Either Client or KCInc may terminate this Agreement by notifying the other party of intent to so terminate in writing and, in that event, unless otherwise agreed, KCInc agrees to give Client all work performed to the date notification is received and Client agrees to pay KCInc for services rendered and reasonable expenses incurred to such date. v KCInc is, and at all times during the performance of this Agreement shall remain, an independent contractor, with full, complete and exclusive power and authority to direct, supervise and control its own employees and determine the method for performance of the services to be rendered under this Agreement; and any rights Client may have hereunder are not intended and shell riot at any time change or affect the status of KCInc as an independent contractor. VI KCInc agrees that all services herein described shall be performed in a professionally competent and workmanlike manner and any products of whatsoever kind created during the performance of such services shall become and remain the property of Client and may be subsequently used or disposed of as Client sees fit. VII This Agreement is made in and shall be construed in accordance with the laws of the State of Texas. VIII This Agreement shall be binding upon and inure to the benefit of the successors and assigns of both Client and KCInc. July 26, 1990 Page 574 IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. CITY OF LUBBOCK, TEXAS BY:ZsZ B. C. McMinn B.C. McMiNN, MAYOR ATTEST: s Rarette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/_ Bern E. Case Bern E. Case, Director of Aviation KURTH & COMPANY, INC. BY:Is/ Charles B. Kurth CHARLES B. KURTH, PRESIDENT ATTEST: /s/ Gina Nowacki APPROVED AS TO FORM: Harold Willard, Assistant City Attorney ATTACHMENT I AND 2 FILED WITH RESOLUTION This analysis will evaluate the airport and its strategic advantages over similar airports seeking hub status and will also evaluate the quality of service based on location, distance to targeted cities and current, and proposed fleet mixes which could serve this market. A selection committee reviewed all proposals submitted and recommended that City Council authorize the Contract with Kurth & Company, Inc. The project is approved for funding by the BCD with support from the Chamber of Commerce at a cost of $20,000. Estimated completion is within eight weeks after commencing the work. Motion was made by Councilwoman Trejo, seconded by Councilman Maloy to authorize Resolution #3423 as recommended by Staff. Motion carried: 1 Yeas; O Nays. 90-49B-.574-389 (22.) Consider Resolution #3424 authorizing the Mayor to sign an Agreement with Texas Tech University Health Sciences Center for maternal support services. RESOLUTION #3424 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 and associated documents between the Lubbock City Health Department and the Office of Maternal and Infant Health, Texas Tech University Health Sciences Center, for new maternal and infant support services, 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 Resolu- tion as if fully copied herein in detail. July 26, 1990 Page 575 Passed by the City Council this 26th day of July, 1990. /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/ Rita Harmon Is1 Donald G. Vandiver Rita Harmon, Assistant City Manager Donald G. Vandiver, First Assistant City Attorney AGREEMENT This is a letter of agreement between the City of Lubbock acting by and through the Lubbock City Health Department (hereafter referred to as LCHD) and the Texas Tech University Health Sciences Center, acting by and through the Office of Maternal and Infant Health, Lubbock (hereafter referred to as OMIH;). This agreement will be carried out through Maternal and Infant Health Improvement Act (MIHIA) grant funding, for the purpose of providing new maternal and infant support services to residents living within Lubbock County. This agreement is based upon the MIHIA 1989-1991 proposals which describe the plan for delivery of case management services in Lubbock County, Texas, through a jioint effort between OMIH in Lubbock and LCHD. This agreement is, therefore, included within the revised MIHIA Contract, TDH document number C9000230, contract number 1AC(88-89)1414 effective July 7, 1989, between the Texas Department of Health and TTUHSC Lubbock. The following is agreed upon by LCHD and OMIH: 1. OMIH, through MIHIA Program funding, will pay for one maternal/infant care case worker who will be stationed at the LCHD clinic at 1902 Texas Avenue, Lubbock, Texas, according to the following: a. 1.0 full-time equivalent position (40 hours per week) at a salary equal to the equivalent outreach/case management position already established at LCHD. Payment for this position will not exceed 5% above the usual starting salary of $12,126. This salary range is meant to allow an exceptionally well -qualified applicant to start at a salary rate above base, in accordance with usual and customary LCHD guidelines now in effect, and at the discretion of LCHD. b. This MIHIA outreach worker position will be eligible for salary increases in accordance with the usual standard guidelines and procedures of LCHD. These increases in salary will not exceed a maximum total salary level of $13,863 per year, and will be granted only if and when the employee meets advancement crite- ria as defined by LCHD. C. Funding to cover fringe benefits commensurate with the usual and customary fringe benefit rate at LCHD for equivalent positions. d. Funding for this position is contingent upon renewal of the Maternal and Infant Health Improvement Act grant, at the funding level which permits this position, as specified in the 1990-1991 MIHIA application for grant renewal. e. Funding is to be used solely for salary and fringe benefits of this 1.0 FTE position, and cannot be used to offset other LCHD expenditures. July 26, 1990 Page 576 2. The scope of work for the employee covered in this agreement will be as outlined in the attached document entitled MIHIA Case Worker/Tracker Job Description, and will include screening and enrolling into the MIHIA program all prenatal women and infants using LCHD clinics. 3. Payments will be made to the LCHD at the end of each month from MIHIA grant funds through the OMIH, by receiving a bill for services from the LCHD by the fifteenth of each month for work during that month. Bills for services must reflect only time periods where the employee mentioned in this agreement remains on LCHD staff. 4. OMIH, through MIHIA Program funding will pay to LCHD necessary and properly documented personal vehicle travel expenses which are incurred in the performance of MIHIA duties, for the employee mentioned in this agreement, at $.24 per mile, up to a maximum of fifty (50) miles per week, unless otherwise agreed upon by LCHD and U11 1 i 5. OMIH will provide MIHIA program training and will audit MIHIA-related activities on a regular basis. 6. LCHD will provide office and/or clinic space, clerical supplies, and telephone access which are necessary to carry out normal tasks relating to the MIHIA program. 7. LCHD will provide case work training to the employee. S. LCHD will be responsible for the hiring and dismissal of employees under this agreement, but hiring choices must be approved by the MIHIA Director. This agreement made this 26th day of July, 1990 may be continued as long as there is a valid contract in effect between TDH and TTDHSC, Lubbock. This agreement may be altered by the mutual consent of both parties. This agreement may be cancelled by either party upon thirty days notice. CITY OF LUBBOCK Isj B. C. McMinn B. C. McMINN, MAYOR ATTEST: Beatrice Cervantes. Deouty Citv Secretary for Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ R. D. Goodman R.D. Goodman, Administrator City Health Department APPROVED AS TO FORM: Isf EionaTd G. Vandiver Donald G. Vandiver, First Assistant City Attorney OFFICE OF MATERNAL AND INFANT HEALTH, TTDHSC BY: Title: BY: Title: July 26, 1990 Page 577 The Maternal and Infant Health Improvement Act (MIHIA) was developed by Texas legislation to reduce maternal and infant morbidity and mortality, and to improve prenatal care services throughout Texas. TTUHSC manages the program and funding in the fifteen -county area of West Texas. MIHIA goals for 1989 through 1991 include developing and implementing case management activities, and these include identifying women who require prenatal care, assisting them in obtaining care, and in qualifying for the Medicaid and MIHIA programs. On -going support and counselling will be provided during pregnancy and throughout the infant's first year of life. Activities include education regarding pregnancy and parenting, sources of health care, making appropriate inter -agency referrals, ensuring clinic attendance and compliance, and facilitating resolution of problems with billing, finances, hospitals or providers. The Health Department has a cooperative program for the indigent maternal health and provides initial prenatal care and counselling. TTUHSC and University Medical Center provide in -hospital delivery services and care. This Agreement is to provide additional identification and screening for high -risk patients, enrollment and case management. Experience has shown that case workers selected, supervised, and evaluated by local Health Departments meet the job expectations more fully, and the program attains better integrated levels of health care services if the case workers are assigned to the Health Department. The TTUHSC will provide the funding for a case worker, but the individual will be assigned to the Health Department, since that is where the women are first seen and the initial services delivered. The key provisions of the Agreement are as follows: 1. The caseworker will be hired by the Health Department and will be paid by the City of Lubbock. 2. TTUHSC will reimburse the City of Lubbock for the actual salary and benefits paid. 3. The City of Lubbock will provide office space, telephone, clerical supplies, training and supervision. An Agreement between the City of Lubbock Health Department and TTUHSC must be executed to implement case management activities, which include hiring a qualified individual. Staff recommended approval. Motion was made by Councilman Patterson, seconded by Councilman Aderton to authorize Resolution #3424 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49B-577-390 (23.) July 26, 1990 Page 578 RESOLUTION #3425 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 (as Owner) an amendment to a contract that was entered into with Prewitt & Associates, Inc., consulting archaeologists (as Investigators) related to archaeological investigations made and/or to be made in connection with the Lake Alan Henry Project, which new amendment provides for such additional investigations in connection with a wildlife mitigation area survey, 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 26th day of July, 1990. ATTEST:: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Dan Hawkins Dan Hawkins, Director of Water Utilities Is1 B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Is1 J. Worth Fullingim,_ J. Worth Fuliingim, Assistant City Attorney AMENDMENT TO AGREEMENT FOR CULTURAL RESOURCES INVESTIGATIONS WHEREAS, the City of Lubbock ("City") has executed an Agreement with Prewitt and Associates, Inc. ("Contractor") on the 9th day of June 1988 for the purpose of conducting cultural resources investigations for the proposed Justiceburg Reservoir (now known as Lake Alan Henry) in Garza and Kent counties, Texas, in connection with a U.S. Army Corps of Engineers permit under Section 404 of the Clean Water Act; and WHEREAS, Section 8 of said Agreement provides for its amendment upon written mutual agreement of the parties principal thereto; and WHEREAS, the City desires to amend said Agreement to provide for additional cultural resources services in connection with wildlife mitigation lands to be purchased by the City; and WHEREAS, Contractor desires to provide such additional cultural resources services to the City and agrees to amend said Agreement for the purpose of providing such additional services. NOW THEREFORE, City and Contractor in consideration of the mutual covenants set forth herein amend said Agreement by adding Sections 14, 15, 16, and 17 as follows: 14. The scope of services and technical proposal prepared by Contractor for Phase I cultural resources survey of proposed wildlife mitigation lands are hereto annexed and made a part hereof as if fully copied herein in detail in this place. 15. The total compensation to be paid to Contractor by the City for additional services described in Section 14 of this instrument shall not exceed $50,000.00 in accordance with monthly estimates furnished to the City by the Contractor as the work progresses, provided, however, that such monthly, estimates shall be based on the detailed cost estimate which July 26, 1990 Page 579 accompanies and is part of the technical proposal. City shall pay monthly on such estimates to the Contractor after being billed by the Contractor by the fifteenth (15th) day of each month for the services of the previous month. its Contractor shall commence work on the additional services within five working days following receipt of written notice to proceed. The Contractor shall complete the work in accordance with the schedule defined in the scope of services described in Section 14. 17. These four sections constitute the entire amendment to the Agreement and all other provisions of the Agreement remain in full force and effect. Nothing in this amendment shall be construed as a modification to work related to Phase II testing as described in Section 1, Section 2, Section 3, and Section 10 of the Agreement. EXECUTED this 26th day of July, 1990. ATTEST„ s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s D n A. Hawkins Dan A. Hawkins, Director of Water Utilities CITY OF LUBBOCK By:/s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /sL J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney PREWITT AND ASSOCIATES, INC. By:/s/ Elton R. Prewitt Elton R. Prewitt, President As a result of Council's direction on June 14, 1990 concerning negotiation with a property owner at the Lake Alan Henry site for acquisition of property to be used for wildlife mitigation, the City of Lubbock's Right -Of -Way Agent negotiated a mutually agreeable price for this land with closure on this property as early as October 1, 1990. The City of Lubbock has requested final approval from the Texas Parks and Wildlife Department and United States Fish and Wildlife Service for utilization of this land for wildlife mitigation purposes (as required by the conditions of the Corps of Engineers 404 Permit for the Lake Alan henry Project). Before the land in question can be used for wildlife mitigation, specifically any alteration for habitat improvement, a "cultural resources investigation" must be conducted of the entire 2,200 acres in question. This investigation will involve an archaeological contractor walking this property and formally identifying areas which may require further cultural resources mitigation or protection. The City of Lubbock's current contractor for the Phase II Archaeological Mitigation for the Lake Alan henry dam and reservoir area is Prewitt and Associates of Austin, Texas. They have worked extensively in the July 26, 1990 Page 580 proposed reservoir area during the Phase II archaeological investigations and Staff's recommended the firm as the most knowledgeable candidate for the cultural resources investigation of the wildlife mitigation area. Prewitt's existing Contract has provisions which will allow for an extension to cover these additional services. Staff has requested that Prewitt and Associates submit a proposal to the City for a cultural resources investigation of the wildlife mitigation lands. The contractor has stated that he can have the required cultural resource investigation field work performed prior to the proposed closing date for the land currently being considered for wildlife mitigation. This investigation, as well as the approval of U.S. Fish and Wildlife Service, will ultimately resolve any concerns about utilization of the property in question for wildlife mitigation. Staff requested that Council approve the extension of Mr. Prewitt's Contract not to exceed price of $50,000 (in accordance with monthly estimates). Motion was made by Councilman Phillips, seconded by Councilman Malay to authorize Resolution #3425 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49B•-580-391 (24.) Consider approving write-off of delinquent accounts -and returned checks. Staff gathers accounts receivable and returned checks which are determined to be uncollectible and writes them off at one time annually to maintain an accurate evaluation of the City's accounts receivable. After these items are written off the City's books, they are maintained on file and collection efforts continue, and the City successfully collects on some of these accounts. Since annual reserves are set up for these write-offs and the accounts relate to the prior year's operations, there is no effect on the current year's operating statement. These write-offs are a routine housekeeping measure. Although the dollar amount of the 1989 write-off is somewhat greater than the 1988 write-off, total sales increased such that the percentage of sales being written off is less than 1988 and previous years. Staff recommended approval. Motion was made by Councilman Malay, seconded by Councilman Phillips to approve write-off of delinquent accounts and returned checks as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49B-580-392 (26.) BID #10717--Heavy Off -Road -Equipment (Central -Garage). Yellowhouse Machinery Co.--1 ea Articulating Motor Grader Spec #S-916. Case Power Equipment Co.--5 ea Tractor BAckhoe Spec #S- 905E with Accessories. Alamo Group--2 ea Tri-Section Rotary Motor Spec #S- 1002. July 26, 1990 Page 581 Associated Supply Co.--2 ea Wheel Loaders Spec #S-917 with Extended Warranty; 4 ea 4-6 Ton Tandem Roller Spec #S-940. Crafco Texas, Inc.--1 ea Asphalt Melting Kettle Spec #S-936. Motion was made by Councilman Patterson, seconded by Councilman Maloy to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 90-49B-.581-393 (27.) 81-D-41-0757--Chapel Hill Pavina, and authorize same (Community Development). RESOLUTION #3426 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 Ronnie Zahn Paving, Inc. for En -Chapel Hill Paving, 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 26th day of July, 1990. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: s Rariette Boyd Ranette Boy;, City Secretary APPROVED AS TO CONTENT: s Gene Eads Gene Eads, Purchasing Manager CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK APPROVED AS TO FORM: Isj Harold Willard Harold Willard, Assistant City Attorney THIS AGREEMENT, made and entered into this 26th day of July, 1990 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 Ronnie Zahn Paving, 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. 10757 - EN -CHAPEL HILL PAVING FOR THE AMOUNT OF $24,130.00 and all extra work in connection therewith, under the terms as stated in the conitract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superinitendence, labor, insurance and other accessories and services July 26, 1990 Page 582 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: CITY OF LUBBOCK, TEXAS (OWNER) s Ranette Boyd City Secretary APPROVED AS TO CONTENT: s Gene Eads Gene £ads, Purchasing Manager COMPLETE ADDRESS: Ronnie Zahn Paving, Inc. Rt. 10, Box B20 Lubbock, Texas 79404 90-49B-582-395 /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: IsZ Harold Willard Harold Willard, Assistant City RONNIE ZAHN PAVING, INC s TITLE: President ATTEST: Is/ Secretary Ronnie Zahn Paving, Inc. --Chapel Hill Paving. Motion was made by Councilman Patterson, seconded by Councilman Maloy to authorize Resolution #3426 as recommended by Staff. Motion carried: 7 Yeas; 0 Hays. (28.) BID _#10742 -Lift Station Pump Unit (Water Utilities). Western Industrial Supply Co.--1 ea Lift Station Pump. Motion was made by Councilman Patterson, seconded by Councilman Maloy to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 90-49B-582-396 (29.) BID #10754--Vaxserver 31005 (Information Services). Digital Equipment Corp.--VAXserver 31005. Motion was made by Councilman Patterson, seconded by Councilman Maloy to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 days. July 26, 1990 Page 583 90-49B-583-39 7 (30.) BID #10753--Coliseum Sound System, and authorize same (Auditorium -Coliseum). RESOLUTION #3427 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 Audio -Video Corporation for Coliseum Sound System, 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 26th day of July, 1990. 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 Gene Eads /s/ Harold Willard Gene Eads, Purchasing Manager Harold Willard, Assistant City Attorney CONTRACT 0�� STATE OF TEAMS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 26th day of July, 1990 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 Audio -Video Corporation of the City of Amarillo, County of Potter, 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. 10753 - COLISEUM SOUND SYSTEM FOR THE AMOUNT OF $95,515.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. July 26, 199O Page 584 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: CITY OF LUBBOCK, TEXAS (OWNER) /s/ Ranette_ _Boyd City Secretary APPROVED AS TO CONTENT: s Genie Eads Gene Eads, Purchasing Manager COMPLETE ADDRESS: Audio -Video Corporation P.O. Box 1017 1005 W. 10th Street Lubbock, Texas 79105 90-49B-584-398 Is1 B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Is/ Harold Willard Harold Willard, Assistant City AUDIO -VIDEO CORPORATION s TITLE: President ATTEST: 5 Secretary Audio -Video Corp. --Coliseum Sound System. Motion was made by Councilman Patterson, seconded by Councilman Maloy to authorize Resolution #3427 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. (31.) BID #10715--Civic Center Carpeting. Ehase_II, and authorize same (Civic Center). RESOLUTION #3428 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 Yates Carpet, Inc. for Civic Center Carpet - Phase II, 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 25th day of July, 1990. ATTEST: s Raniette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Gene Eads Gene Eads, Purchasing Manager Isj B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: s Harold Willard Harold Willard, Assistant City Attorney CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK July 26, 1990 Page 585 THIS AGREEMENT, made and entered into this 26th day of July, 1990 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 Yates Carpet, 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. 10716 - CIVIC CENTER CARPETING PHASE II FOR THE AMOUNT OF $76,989.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. 'fhe 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 City Secretary APPROVED AS TO CONTENT: Is1 Gene Eads Gene Eads, Purchasing Manager COMPLETE ADDRESS: Yates Carpet, Inc. 5278 W. 34th Street Lubbock., Texas 79410 CITY Of LUBBOCK, TEXAS (OWNER) Zs/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Zs/ Harold Willard Harold Willard, Assistant City YATES CARPET, INC. ISI TITLE: President ATTEST: Is1 Secretary July 26, 1990 Page 586 Yates Carpet, Inc. --Civic Center Carpeting Phase II. Motion was made by Councilman Patterson, seconded by Councilman Maloy to authorize Resolution #3428 as recommended by Staff. Motion carried: 7 Yeas; 0 hays. (25.) (32.) Private Industry Council MHMR Public Responsibility Committee Urban Renewal/Neighborhood Redevelopment Commission Board of City Development 90-49B--586-399 (33.) (34.) (35.) By consensus, Council agreed to hold Items 25-35 until the next Council meeting. There being no further business to come before the Council, motion was made by Councilman Patterson, seconded by Councilwoman Trej❑ to adjourn the meeting at 12:32 p.m. Motion carried: 7 Yeas; 0 Nays. V 0 . e + /ff. C. McMIN , MAYOR ATTEST: Ran.. to Boyd, City Se re ary READ AND APPROVED THIS 9TH DAY OF AUGUST, 1990. c . C. McM NN,'MAYOR ST: Ra ette Boyd, Cit3FSecretary