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