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HomeMy WebLinkAboutMinutes - City Council - Regular - 11/14/1991CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING NOVEMBER 14, 1991 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 14th day of November, 1991 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 T. J. Patterson, Councilman Gary Phillips, Councilman Bill Maloy, Councilwoman Joan Baker, Councilwoman Maggie Trejo, Councilman M. J. Aderton, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr., and City Secretary Ranette Boyd. Mayor McMinn called the meeting to order at 10:00 A.M. ( 1.) ( 2.) ( 3.) 91-508-793-667 ( 4.) The Invocation was given by City Manager Larry Cunningham. The Pledge of Allegiance was given in unison by those in the Council Chambers. Motion was made by Mayor Pro Tern Patterson, seconded by Councilman Aderton to approve the Minutes of the October 22, 1991 Regular City Council meeting as written. Motion carried: 7 Yeas; O Nays. A representative of the Government Finance Officers Association will appear to present the Distinguished Budget presentation award for the fiscal year 1990- 91 to the City of Lubbock. The Government Finance Officers Association of the United States and Canada {GFOA) recently announced that the City of Lubbock has received GFOA's Distinguished Budget Presentation Award for the 1990-91 Budget, the highest form of recognition in governmental budgeting. To receive this award, governments submit their budget document for review by a panel of independent budget experts and using extensive criteria, the reviewers evaluate the effectiveness of the budget as a policy document, a financial plan, an operations guide, and a communication device. Award-winning documents must be rated proficient in all four categories. Norman Huggins, Finance Director of the City of Plainview and GFOA representative, presented a plaque to the Budget and Research Director. November 14, 1991 Page 794 91-SOB-794-668 ( S.) 91-50B-794-669 ( 6.) 91-50B-794-670 ( 7.} Chuck Kershner will appear to request a Loudspeaker Permit for November 16, 1991 from 7:00 p.m. until 11:30 p.m. in conjunction with a Chi Omega Barn Dance. No one spoke either for or against this request. According to Staff memo, Mr. Kershner has met the requirements of the Loudspeaker Ordinance. Council approval is necessary because of the location and time of this event. Motion was made by Councilwoman Baker, seconded by Mayor Pro Tern Patterson to approve issuance of a Loudspeaker Permit to Chuck Kershner for November 16, 1991 from 7:00 p.m. until 11:30 p.m. Motion carried: 7 Yeas; O Nays. Chuck Kershner will appear to request a Loudspeaker Permit for November 22, 1991 from 7:00 p.m. until 11:30 p.m. in conjunction with a rehearsal dinner for a wedding. No one spoke either for or against this request. According to Staff memo, Mr. Kershner has met the requirements of the Loudspeaker Ordinance. Council approval is necessary because of the location and time of the event. Motion was made by Mayor Pro Tern Patterson, seconded by Councilman Phillips to approve issuance of a Loudspeaker Permit to Chuck Kershner for November 22, 1991 from 7:00 p.m. until 11:30 p.m. Motion carried: 7 Yeas; O Nays. ORDINANCE #9483--Zone Case #1941-B (northwest corner' of Colgate Street and Detroit Avenue)--Request of the City of Lubbock (for E.Z. Hogan, Jr.) for a zoning change from C-2 to C-2 Specific Use (for self-service gasoline sales) on Lots 6-12, Block 1, Maddox Add it ion. ORDINANCE #9483 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1941-B; A ZONING CHANGE FROM C-2 TO C-2 SPECIFIC USE PERMIT FOR SELF- SERVICE GASOLINE SALES ON LOT 6-12, BLOCK, 1, MADDOX ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilwoman Trejo, seconded by Councilwoman Baker to pass on second and final reading Ordinance #9483 as recommended by Staff. Motion carried: 7 Yeas; O Nays. 91-508-795-671 { 8.) November 14, 1991 Page 795 ORDINANCE #9487--Zone Case #2526-A (north of 98th Street and east of Indiana Avenue)--Request of David Goyette (for Indiana Avenue Baptist Church) for a zoning change from C-2. R-2. and R-1 to A-2 (limited to church and church related uses) on a tract out of Section 13, Block E-2. ORDINANCE #9487 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2526-A; A ZONING CHANGE FROM C-2, R-2 ANO R-1 TO A-2 ZONING, LIMITED TO CHURCH USES ON A TRACT OUT OF SECTION 13, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 91-508-795-672 ( 9.) Motion was made by Councilwoman Trejo, seconded by Councilwoman Baker to pass on second and final reading Ordinance #9487 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #9488--Amendment to allow outside service for restaurants in the C-2A District. ORDINANCE #9488 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS ENTITLED "ZONING", BY AMENDING SECTION 29-16(c)(37) TO PERMIT RESTAURANTS WITH ACCESSORY PASSOUT WINDOWS AND OUTSIDE DINING AREAS IN C-2A ZONES; BY AMENDING SECTION 29-3 BY ADDING SECTIONS 29-3(97.1.1) AND 29-3 (97.1.2) DEFINING RESTAURANTS WITH ACCESSORY PASSOUT WINDOWS AND OUTSIDE DINING AREAS; AND BY AMENDING SECTIONS 29-16{l)(l)k AND 29-16(1){1)1 REGARDING OFF STREET PARKING FOR OUTSIDE DINING AREAS OF LESS THAN TWO HUNDRED FIFTY {250) SQUARE FEET; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY AND PROVIDING FOR PUBLICATION. 91-50B-795-673 (10.) Motion was made by Councilwoman Trejo, seconded by . Councilwoman Baker to pass on second and final reading Ordinance #9488 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #9489--Allowing for group homes for the handicapped in the R-1 District. ORDINANCE #9489 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, ENTITLED ''ZONING", BY ADDING TO SECTION 29-3, A DEFINITION FOR 11 GROUP HOUSING FOR HANDICAPPED PERSONS", BY AMENDING SECTION 29-7 ENTITLED 11 R-l, SINGLE FAMILY DISTRICT" BY ADDING SECTION 29-7(c)(9) TO MAKE GROUP HOUSING FOR UP TO FOUR (4) HANDICAPPED PERSONS A PERMITTED USE IN SUCH DISTRICT; BY ADDING SECTION 29-7{d)(9) TO MAKE GROUP HOUSING FOR FIVE (5) OR MORE HANDICAPPED PERSONS A CONDITIONAL USE IN THE "R-1 11 SINGLE FAMILY DISTRICT 11 ; BY AMENDING SECTION 29-30(b) TO PROVIDE REQUIREMENTS FOR PERMITS FOR GROUP HOMES FOR HANDICAPPED PERSONS; AND BY REPEALING THE WHOLE OF SECTION 29-28(f)(2)m ENTITLED "GROUP HOUSING FOR MENTALLY RETARDED PERSONS 11 ; PROVIDING FOR PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilwoman Trejo, seconded by Councilwoman Baker to pass on second and final reading Ordinance #9489 as recommended by Staff. Motion carried: 7 Yeas; O Nays. November 14, 1991 Page 796 91-508-796-674 (11.} ORDINANCE #9486--Amendinq Section 13.l(j} of the Housing Code to add alternate members to the Housing Standards Commission. ORDINANCE #9486 AN ORDINANCE AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED "HOUSING," BY AMENDING SECTION 13-l{j), TO PROVIDE FOR UP TO FOUR (4) ALTERNATE MEMBERS OF THE HOUSING STANDARDS COMMISSION; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 91-50B-796-675 (12.) Motion was made by Councilwoman Trejo, seconded by Councilwoman Baker to pass on second and final reading Ordinance #9486 as recommended by Staff. Motion carried: 7 Yeas; O Nays. ORDINANCE #9485--Amending Chapter 4 of the Code of Ordinances with regard to animal control. ORDINANCE #9485 AN ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO REGULATING THE KEEPING OF ANIMALS WITHIN THE CITY OF LUBBOCK; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The Public Hearing for the Animal Control Ordinance was held on October 10, 1991 and in response to comments received, Staff met with the Board of Health and several citizens who spoke at the Public Hearing. Several recommendations submitted by citizens were incorporated into the second reading. PAWS Recommendations: In the opinion of the Board of Health, the three recommendations made by the People for Animal Welfare {PAWS) were fully considered by the Committee and the Board of Health prior to final draft of the Ordinance and the Board again recommended that the following not be passed as part of this ordinance: The first recommendation would require the City to give dogs and cats only to a "Chartered, non-profit animal welfare group 11 • Currently, PAWS is the only chartered, non-profit animal welfare group within the city and it was the opinion of the Board of Health that elected officials should have the final decision in contracting for the deposition of animals under City control. The second recommendation was that all animals adopted out by the City should be sterilized prior to adoption. A new State law effective January I, 1992 requires that all animals leaving shelters must be sterilized and in Staff's opinion, it is not necessary to include this provision which is governed by State law. November 14, 199 1 Page 797 The third recommendation was to make it illegal for the owners of animal facilities {pet shops or kennels) to destroy their own animals. PAWS feels that destruction of animals by individuals other than veterinarians and animal control officers is cruel. According to the Board of Health, State law addresses animals being treated or destroyed cruelly and states that "A person charged with destroying an animal in a cruel manner can be charged in District Court by the proper officials.". Insurance-Dangerous Animals --(Section 4-23,(d}(4); page 12) --It was recommended that the insurance requirement for dangerous animals track the language in the State statute to allow the option of demonstrating financial responsibility, and this has been included. Insurance-Wild Animals --(Section 4-24,{a)(7); page 14) --The insurance requirement for wild animals has been deleted. Insurance for wild animals is not readily available. Wild Animal Permit --{Section 4-24,(b)(S}; page 14} --Anyone who has a State or Federal permit for wild animals would not be required to obtain a separate local permit. Revocation of license for Commercial Kennels -- (General Design Standards, page 1) --The commercial kennel section stipulated that a license may be revoked if a kennel failed to meet the standards specified. This clause was not included in the other animal care facilities. This stipulation has been removed from the commercial kennels and placed in the general requirements section so that it applies to all animal care facilities. Hogs --(Section 4-27, Section 4-28) Page 16 --No changes recommended --At the public hearing, Council questioned if the City would be discouraging FFA or FHA students from keeping hogs or other animals. The general feeling of the Committee and the Board of Health was that these students' efforts will not be affected. Currently, it is unlawful to keep live hogs within the city limits except at the following locations: the South Plains Fairgrounds, Texas Tech University, and in an area between Avenue C and 13th Street, 16th Street east to the city limits and north to the city limits. The Board of Health reviewed Section 4-28 and concurred with Staff to change the ordinance to allow the current procedure of keeping hogs and other animals at Lubbock Christian University and Monterey High School AG farm. The Board of Health and City Staff are against allowing hogs in areas of the city outside these recommended zones. November 14, 1991 Page 798 91-50B-798-676 (17.) Fees --(Section 4-33) Pages 17-18; No changes recommended --Fees included are not intended to produce revenues for the City since approximately 40 facilities affected and less than $2,000 would be generated. The premise for assessing a fee is to recover the cost of the inspection and permitting. The inspection would take approximately two hours annually and is covered by the fee structure. This is a practice comparable to assessing fees for permits for restaurants, etc. Staff recommended City Council approval of the animal control ordinance on the second reading with the changes recommended above with two exceptions: After Council discussion in Work Session of these proposed revisions, it was consensus to stipulate a reduction in the fee from $50 to $10 for stables. Council also agreed to eliminate a portion of the area presently zoned to allow for the keeping of hogs. Motion was made by Mayor Pro Tern Patterson, seconded by Councilman Phillips to pass on second and final reading Ordinance #9485 with proposed revisions recommended by Staff, and stipulating a reduction in the fee from $50 to $10 for non-commercial stables. It was further stipulated that except for the block bounded by 15th and 16th Streets and Avenues A & B, that hogs shall not be allowed in the area described in Section 4-20(a). Motion carried: 7 Yeas; O Nays. Consider Resolution #3750 accepting paving improvements constructed by Williams and Peters Construction Company, Inc., in Lakeridge Country Club Estates, Lots 775-800. RESOLUTION #3750 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS ANO AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Lakeridge Country Club Estates, Lots 775-800 made arrangements with Williams & Peters Construction Co., Inc. for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above-mentioned addition including the following streets: Wayne Avenue from its intersection with the north lip line of 96th Street to its intersection with the north end of cul-de-sac north of 96th Street known and designated as New Subdivision Sub-Unit Number 55 of Unit Number 2034. Winston Avenue from its intersection with the north lip line of 96th Street to its intersection with a line 7 feet north of north property line of alley north of 96th Street known and designated as New Subdivision Sub-Unit Number 56 of Unit Number 2034. November 14, 1991 Page 799 Wayne Avenue from its intersection with the north 1ip line of 96th Street to its intersection with the south lip line of 96th Street known and designated as New Subdivision Sub- Unit Number 57 of Unit Number 2034. 96th Street from its intersection with a line 7 feet west of west property line of alley west of Vicksburg to its intersection with a line 15 feet west of west property line of Wayne Avenue known and designated as New Subdivision Sub- Unit Number 58 of Unit Number 2034. 98th Street from its intersection with a line 7 feet west of west property line of alley west of Vicksburg to its intersection with a line 7 feet west of west property line of alley west of Wayne Avenue known and designated as New Subdivision Sub-Unit Number 59 of Unit Number 2034. 97th Street from its intersection with the east lip line of Wayne Avenue to its intersection with the end of cul-de-sac east of Wayne Avenue known and designated as New Subdivision Sub-Unit Number 60 of Unit Number 2034. WHEREAS, the construction of the above improvements on the above- mentioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331; NOW THEREFORE: Bf IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION I. THAT the improvements on said portions of the above- mentioned streets Bf and the same are hereby accepted and the City Engineer BE and he is hereby authorized to notify the developer of acceptance by the Lubbock City Council. SECTION 2. THIS resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED this 14th day of November, 1991. Isl B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ J. Worth Fullinqim J. Worth Fullingim, Assistant City Attorney November 14, 1991 Page 800 CONSOLIDATED FINAL COST LAKERIDGE COUNTRY CLUB ESTATES LOTS 775-800 S.Y. PAVING L. F. S.Y. S.Y. VALLEY ALLEY GUTTERS LOCATION 611 BASE £.li RETURNS FILLETS 2034-55 Wayne Ave. from NLL 1,072.65 595.31 49.16 96th St. End of Cu1'd'sac N. of 95th Street 2034-56 Winston Ave. from 592 .17 360.16 20.36 51.83 NLL 96th St. to 7' N of NPL Alley N of 96th St. 2034-57 Wayne Ave. from 2,199.48 1,178.14 20.36 103.48 NLL 98th St. to SLL 96th St. 2034-58 96th St. from 2,505.97 889.70 36 .18 7' W of WPL Alley W of Vicksburg to 15' W of W ROW line Wayne Ave. 2034-59 98th St. from 322.73 428.86 25.19 7' W of WPL Alley W of Vicksburg to 7' W of WPL Alley of Wayne Ave. 2034-60 97th St. from 1,134.80 694.23 ELL Wayne Ave. to End of Cul'd'sac E of Wayne Ave. Total 7,827.80 4,146.40 102.09 204.47 ITEM COST 7827.7 S.Y. Paving, 611 Base at $ 7 .15 $55,968.77 4146.7 L.F. C & G at $ 5.40 $22,390.56 102.09 S.Y. Alley Returns at $24.00 $ 2,450.16 204.47 S.Y. Valley Gutters at $25.00 $ 5,111.75 & Fillets Total Contract Cost $85,921.24 UNIT COST 2034-55 $12,113.12 2034-56 $ 7,963.27 2034-57 $25,163.88 2034-58 $23,590.39 2034-59 $ 5,227.92 2034-60 $11,862.66 $85,921.24 91-50B-801-677 (18.) November 14, 1991 Page 801 This is a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of paving and curb and gutter north of 98th Street and west of Vicksburg Avenue. There is no City cost due the contractor upon this acceptance. Staff recommended approval. Motion was made by Councilman Maloy, seconded by Mayor Pro Tem Patterson to authorize Resolution #3750 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Consider Resolution #3751 accepting paying improvements constructed by Hub City Pavers in Methodi s t Hospital Addition, Lots 4 and 5. RESOLUTION #3751 RESOLUTION ACCEPTING IMPROVEMENTS AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Lots 4 & 5, Methodist Hospital Addition made arrangements with Hub City Pavers, Inc. for the construction of improvements in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above-mentioned Addition including the following: Alley paving between 21st and 22nd Streets from Knoxville Avenue West to the East side of Lot 4, then South to 22nd Street known as Unit No. A-461-07 . WHEREAS, the construction of the above improvements was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331; NOW THEREFORE: BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements BE and the same are hereby accepted and the City Engineer BE and he is hereby authorized to notify the owner of acceptance by the Lubbock City Council. November 14, 1991 Page 802 SECTION 2. THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 14th day of November, 1991. Isl B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: Isl J. Worth Fullinqim J. Worth Fullingim, Assistant City Attorney UNIT A -461-07 CONSOLIDATED FINAL COST METHODIST HOSPITAL ADDITION LOTS 4 & S 496.7 S.Y. Concrete Alley Paving 15 L. F. of Curb and Gutter $30.00/S.Y. $ 6.00/L.F. $30.00/S.Y. $13.50/S.Y. $ 6 .00/L. F. $14,901.00 $ 90.00 29.3 S.Y. Alley Return $ 879.00 392 S.Y. Concrete Removal $ 5,292.00 25 L.F. Curb and Gutter Removal $ 150.00 Total Contract Cost $21,312.00 . The quantities and cost were submitted by Hugo Reed and Associates, Inc. This is a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of concrete paving in the alley between 21st and 22nd Streets from Knoxville Avenue west to the east side of Lot 4, then south to 22nd Street. There is no City cost due the contractor upon this acceptance. Staff recommended approval. Motion was made by Councilman Maloy, seconded by Mayor Pro Tern Patterson to authorize Resolution #3751 as recommended by Staff. Motion carried: 7 Yeas; O Nays. November 14, 1991 Page 803 91-508-803-678 (19.) Consider Resolution #3752 accepting paving improvements constructed by Craft Contracting Corporation in West View Addition, Lots 63-82. RESOLUTION #3752 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Lots Lots 63-82, West View Addition made arrangements with Craft Contracting Corporation for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above-mentioned Addition including the following streets: 69th Place from its intersection with the East lip line of Grover Avenue to its intersection with the Northeast corner of Lot 75 and designated as New Subdivision Sub-Unit Number 67 of Unit Number 2034. Genoa Avenue from its intersection with the North lip line of 69th Place to its intersection with the South lip line of 69th Street and designated as New Subdivision Sub-Unit Number 68 of Unit Number 2034. WHEREAS, the construction of the above improvements on the above- mentioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331; NOW THEREFORE: BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above- mentioned streets and the same are hereby accepted and the City Engineer BE and he is hereby authorized to notify the owner of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 14th day of November, 1991. ATTEST: Isl Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Isl Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: Isl J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney Isl B. C. McMinn B. C. McMINN, MAYOR The Consolidated Final Cost is filed with Resolution No. 3752. November 14, 1991 Page 804 91-50B-804-679 (20.) This is a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of paving and curb and gutter on 69th Place from Grover Avenue to 452' east and Genoa Avenue from 69th Place to 69th Street. There is no City cost due the contractor upon this acceptance. Staff recommended approval. Motion was made by Councilman Maloy, seconded by Mayor Pro Tern Patterson to authorize Resolution #3752 as recommended by Staff. Motion carried: 7 Yeas; o Nays. Consider Resolution #3753 accepting paving improvements constructed by Williams and Peters Construction Company in Preston Hills Addition. Lots 77-94. RESOLUTION #3753 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS ANO AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Preston Hills Addition, Lots 77-94, made arrangements with Williams & Peters Construction Co., Inc. for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said ordinance prior to the recording of the subdivision plat of the above-mentioned addition including the following: 84th Street from its intersection with the west end of radius of Dover Avenue to its intersection with the east lip line of Elkhart Avenue known and designated as New Subdivision Sub-Unit Number 47 of Unit Number 2034. Elkhart Avenue from its intersection with a line 25 feet south of south end of radius of 84th Street to its intersection with the north end of radius of alley north of 84th Street known and designated as New Subdivision Sub-Unit Number 48 of Unit Number 2034. Alley paving from Elkhart to Colton north of 84th Street known and designated as Unit Number A-461-13. AND WHEREAS, the construction of the above improvements on the above-mentioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above- mentioned streets BE and the same are hereby accepted and the City Engineer BE and he is hereby authorized to notify the developer of acceptance by the Lubbock City Council. November 14, 1991 Page 805 SECTION 2. THAT this Resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED this 14th day of November, 1991. Isl B. C. McMinn 8. C. McMINN, MAYOR ATTEST: Isl Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: Isl J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney The Consolidated Final Cost is filed with Resolution No. 3753. 91-50B-805-680 (21.) This is a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of paving and curb and gutter and alley paving on 84th Street from Dover to Elkhart Avenue. There is no City cost due the contractor upon this acceptance. Staff recommended approval. Motion was made by Councilman Maloy, seconded by Mayor Pro Tern Patterson to authorize Resolution #3753 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Consider Resolution #3754 authorizing the Right-Of- Way Department to make an offer to First Interstate Bank of Arizona as Trustee of the Oscar and Corinne Palmer Trust for a ten-acre tract of land located in Section 2, Block D-3, and authorizing the Mayor to sign a Sales Contract for purchase of this property (Airport). RESOLUTION #3754 WHEREAS, the City Council of the City of Lubbock finds that the land hereinafter described is needed for public purposes, to-wit: the development of an airport clear zone; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Right-of-Way Department of the City of Lubbock is hereby authorized and directed to make an offer on behalf of the City in the amount of $105,000 to First Interstate Bank of Arizona as Trustee of the Oscar and Corinne Palmer Trust, for the purchase by the City of a tract of land to be used as set forth in the preamble hereof, and being further described as follows: November 14, 1991 Page 806 A tract of land out of Section 2, Block D-3 being further described as follows: BEGINNING at a point in the South perimeter fence of the South Plains Army Air Field, said point being 50 feet north and 1702.5 feet east of the S.W. corner of Section 2, Block D-3, Lubbock County, Texas. THENCE east along said south perimeter fence 50 feet from and parallel to the south line of said Section 2, a distance of 1168.53 feet to a point. THENCE north a distance of 352.65 feet to a point; said point being on an east-west line along the north edge of a loading dock for warehouses included in this tract. THENCE west along the north edge of said docks a distance of 1278.53 feet to a point in the east property line of Avenue H (as said avenue is described and located on the South Plains Army Air Field plat dated May 6, 1944, and approved by H.O. Bordelon, Commanding Officer), said property line being 25 feet east of the center line of said street. THENCE south along the said east property line of said Avenue Ha distance of 214.65 feet to a point. THENCE east a distance of 110 feet to a point. THENCE south a distance of 138 feet to the point of beginning. SECTION 2. THAT said purchase is to be accomplished by the Right- of-Way Department SECTION 3. THIS Resolution authorizes the mayor to sign the attached sales contract. Passed by the City Council this 14th day of November, 1991. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Isl Ed Bucy Ed Bucy, Right-of-Way Agent APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth F~llingim, Assistant City Attorney /s/ B. C. McMinn B. C. McMINN, MAYOR A copy of the Texas Association of Realtors Commercial Earnest Money Contract along with Exhibit A are filed with Resolution No. 3754. November 14, 1991 Page 807 This Resolution authorizes the Right-Of-Way Department to make an offer of $105,000 to the First Interstate Bank of Arizona as Trustee for a ten-acre tract of land located along the south boundary of the Lubbock Airport industrial area needed for airport expansion and a clear zone. This tract is the only land not owned by the City in Section 2 and funding for this purchase will come from an approved FAA grant. Tommy Cantrell, M.A.I., appraised this property at $100,000 (the City's first offer) and Don Harris, M.A.I., appraised the property at $105,000. First Interstate agreed to $102,500. The property contains one abandoned underground gasoline fuel storage tank which must be removed and any contamination remediated. First Interstate has agreed to remove the tank and do all remedial work for the higher appraised value of $105,000. The terms of the Contract are as follows: 1. Parties of the Contract: First Interstate Bank of Arizona, Trustee, Seller; and the City of Lubbock, Purchaser. 2. Purpose: Airport Clear Zone and Development Area. 3. Date for Both Parties to Sign Contract By: November 22, 1991. Date of Closing, thirty days after acceptance of contract. 4. Price: $105,000. 5. Effective Date: November 22, 1991 or earlier. 6. Importance of Contract: First Interstate Bank assumes all underground storage tank removal and remedial work. This tract of land was originally owned by the City and contains three large metal warehouse buildings. Staff's recommended offer to First Interstate Bank is $105,000. Motion was made by Councilwoman Trejo, seconded by Councilman Aderton to authorize Resolution #3754 as recommended by Staff. Motion carried: 7 Yeas; O Nays. November 14, 1991 Page 808 91-50B-808-681 (22.) Consider Re solution #3755 authorizing the Right -Of- Way Department to make an offer to H.A. Se ssi ons and J.T. Talkington for an Underground Water Line Easement located in Lot 2, Block 6 , Memorial Center Addition (1622 10th). RESOLUTION #3755 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 and welfare demand and create a public necessity for the acquisition of additional land for public purposes and municipal purposes, to-wit: a water 1ine easement, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of an easement in, upon, over, under, along and across land as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT an easement in, upon, along, over, under, along and across the following described tract of land located in Lubbock County, Texas, be acquired for public purpose s and municipal purposes as set forth in the preamble hereof, to -wit: BEGINNING at the Northeast corner of Lot Two (2), Block Six (6), Memorial Center Addition to the City of Lubbock, Lubbock County, Texas; THENCE West along the North line of Lot Two (2), a distance of 155.00 feet to a point; THENCE South, a distance of 15 .00 feet to a point; THENCE East parallel to the North property line of Lot Two (2), a distance of 155.00 feet to a point; THENCE North, a distance of 15.00 feet to the POINT OF BEGINNING. November 14, 1991 Page 809 SECTION 2. THAT the owners of said tract, being H. A. SESSIONS and J. T. TALKINGTON, BE offered through the Right-of-Way Department of the City of Lubbock the amount of $7,000.00, which is the amount . appraised as the value and total damages for the acquisition of an easement in, upon, over, under, along and across said real estate hereinabove described, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire an easement in, upon, over, under, along and across said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 14th day of November, 1991. Isl B. C. McMinn B. C. McMINN, MAYOR ATTEST: Isl Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Isl Ed Bucy Ed Bucy, Right-of-Way Agent APPROVED AS TO FORM: Isl J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney This Resolution authorizes the Right-Of-Way Department to make an offer to H.A. Sessions and J.T. Talkington for a 15' Underground Water Line Easement located across the north 15' of Lot 2 (north of 10th Street, just east of Avenue Q, and north of the old Southern Sea Restaurant building now being leased to O.S.C., a long distance telephone answering service). This 12" water line is being installed from 9th Street and Avenue 0 westward to Avenue R in the Overton Addition to boost the water pressure there. The area of Easement requested is 15' by 155', or 2,325 square feet. Land sales in this area indicate a value of $6.00-$8.00 per square feet, and $6.00 X 2,325 = $13,950. In this case, the Right-Of-Way Department values the easement at 50% of fee or $6,975. Mr. Sessions and Mr. Talkington have agreed to this value and the City will be shortening the route by at least 700'. The alternative route would be southward along Avenue 0, westward down 10th Street, and northward to 9th Street and would require replacing a good deal of paving footage and paying for additional pipe. Staff recommended an offer of $7,000. Motion was made by Mayor Pro Tern Patterson, seconded by Councilman Maloy to authorize Resolution #3755 as recommended by Staff. Motion carried: 7 Yeas; O Nays. November 14, 1991 Page 810 91-508-810-682 (23.) Consider Ordinance #9490 abandoning and closing a portion of an alley located in the Crump Five Acre Subdivision (4805 University). ORDINANCE #9490 AN ORDINANCE ABANDONING ANO CLOSING PORTIONS OF AN ALLEY LOCATED IN CRUMP FIVE ACRE SUBDIVISION, AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT ANO CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 91-50B-810-683 (24.) This Ordinance abandons and closes a mistakenly dedicated alley in 1952. This 7.50' alley is located south of 48th Street between University Avenue and Avenue X, along the south edge of a 20' Utility Easement. This 20' Underground Utility Easement was originally an alley along the south side of Lots 1-8, South College Addition, which was platted in 1956 and was out of the north half of Lot 2, Block 29, Crump 5 Acre Addition. When acquiring dedication for this 20' alley they asked the landowner to the south to dedicate 7.5'. However, the landowner owned the south half of Lot 2, Block 29, Crump 5 Acre Addition and this made the entire alley dedication to be 27.5'. A few years later when this property was replatted into Lots 8, 10 and 11, South College Addition, this 7.5' of alley dedication was never closed. Area being closed is 7.5' by 582.5', or 4,368.75 square feet. There will be no charge for this since it was done by mistake by the developers and was never used as an alley. A local title company called this to Staff's attention when they ran across the problem while doing title work for Highland Hospital. The Right-Of-Way Department recommended this closure. Motion was made by Councilman Aderton, seconded by Councilman Maloy to pass on first reading Ordinance #9490 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Consider setting the date and time for the Comprehensive Housing Affordability Housing Strategy (CHAS) Public Hearing on November 21, 1991. In accordance with the requirements of the Cranston- Gonzalez National Affordable Housing Act of 1990, the Community Development Department prepared a draft Comprehensive Housing Affordability Strategy (CHAS) for review and comments by the public prior to the CHAS submission to the U.S. Department of Housing and Urban Development on January 2, 1992. The CHAS is a comprehensive planning document that identifies Lubbock's overall needs for affordable and supportive housing and outlines a strategy to address those needs. An approved CHAS will be required before HUD will consider applications for 1992 funds for most HUD programs. 91-50B-811-684 (25.} November 14, 1991 Page 811 A Notice of Availability for Public Review and Comment was published in the Lubbock Avalanche Journal which summarized the draft CHAS and invited interested parties to comment either in writing or at the Public Hearing. In addition, a copy of the summary was mailed directly to area organizations involved in housing or social services. As part of the submission process, the City Council conducts one public hearing to provide citizens an opportunity to comment on the draft CHAS. Staff recommended the time and date of the public hearing for November 21, 1991 at 10:30 a.m. Motion was made by Mayor Pro Tern Patterson, seconded by Councilwoman Trejo to set the date and time for the Comprehensive Housing Affordability Housing Strategy (CHAS) Public Hearing for November 21, 1991 at 10:30 a.m. Motion carried: 7 Yeas; 0 Nays. Consider Resolution #3756 authorizing the Mayor to sign Change Order #3 with HOR on the Landfill Permit Application. RESOLUTION #3756 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 Change Order No. 3 to a Contract for engineering services between said City (as Owner) and HDR Engineering, Inc. (as Engineer) dated September 28, 1989, related to a landfill expansion project, 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 14th day of November, 1991. ATTEST: Is/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Isl Lee Ramirez Lee Ramirez, Sanitation Superintendent APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney Isl B. C. McMinn B. C. McMINN, MAYOR November 14, 1991 Page 812 CHANGE ORDER PROJECT: TO: HDR ENGINEERING, INC. CHANGE ORDER NUMBER: 3 DATE: September 11, 1991 ENGINEER'S PROJECT NO.: 00008-096-037 12700 HILLCREST ROAD, STE. 125 DALLAS, TEXAS 75230 CONTRACT DATE: September 28, 1989 CONTRACT FOR: Sanitary Landfill Permit and Design Services The Scope of Work for the Contract is increased as follows: 1. Meet with Federal Aviation Administration {FAA) officials and other various agencies to establish requirements for bird hazard assessments relative to the Sanitary Landfill and the Lubbock International Airport. 2. Provide assistance with current landfill operations including responses to the Texas Department of Health, specifications for drilling test holes for blasting services, monitoring well information and groundwater characterization. 3. Additional Aerial Photography and detailed topographic mapping. {Subcontractor services in the amount of $17,499 that are not a part of this contract.) The original Maximum Price was ............................... $140,000.00 Net change by previously authorized Change Orders •..•....•... $ 14,940.00 The Maximum Price prior to this Change Order was ............. $154,940.00 The Maximum Price will be increased by this Change Order in the amount of ........................................... $ 12,830.00 The new Maximum Price including this Change Order will be .... $167,770.00 APPROVED: HDR Engineering, Inc. ENGINEER City of Lubbock OWNER 12700 Hillcrest Road, Suite 125 Dallas. Texas 75230 P.O. Box 2000 Lubbock. Texas 79457 ADDRESS ADDRESS BY:/s/ Name Not Legible Date: September 11, 1991 BY:/s/ B. C. McMinn Date: December 9, 1991 In the 1989-90 Budget, a capital project was approved for the expansion of the City's Municipal Landfill. The funds approved for this project included engineering services required to obtain a permit from the Texas Department of Health for the operation of a Municipal Solid Waste Sanitary Landfill on approximately 220 acres of property which is located immediately south and west of our existing landfill site. HDR Engineering, Inc., Dallas, Texas, the engineering firm preparing the City's landfill permit application, has submitted a Change Order in the amount of $12,830.00 to cover additional services requested by the City. The Scope of Work for the Contract has increased as follows: 91-50B-813-685 (26.) November 14, 1991 Page 813 1. Meet with the Federal Aviation Administration {FAA) officials and other various agencies to establish requirements for bird hazard assessments relative to the Sanitary Landfill and the Lubbock International Airport. 2. Provide assistance with current landfill operations including responses to the Texas Department of Health, specifications for drilling test holes for blasting services, monitoring well information and groundwater characterization. 3. Additional aerial photography and detailed topographic mapping. These services were not a part of the original contract. The original Contract with HDR was for $140,000 plus subcontractor fees at cost and Council has approved two previous Change Orders in the amount of $14,940. This third Change Order brings the total fee paid to HOR for the original services provided to a total of $167,770. Subcontractor costs such as drilling, surveys, drainage studies, etc. added an additional $109,070 for a total cost of $276,840. This represents total professional engineering expenses on the landfill permit application. The permit was filed with TOH on July 19, 1991. Staff recommended the approval of this Change Order. Motion was made by Mayor Pro Tern Patterson, seconded by Councilman Maloy to authorize Resolution #3756 as recommended by Staff. Motion carried: 7 Yeas; O Nays. Consider Resolution #3757 authorizing the Mayor to sign a Grant Application for continuation of the Library Literacy Program. November 14, 1991 Page 814 RESOLUTION #3757 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor or his designated representative of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Grant Application and associated subsequent documents for library literacy projects by and between the City of Lubbock and the U.S. Department of Education, which Grant Application 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 14th day of November, 1991. Isl B. C. McMinn 8. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Rita Harmon Rita Harmon, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Grant Application for the Library Literacy Projects is filed with Resolution No. 3757. This Resolution authorizes the Library to apply for funds for the third year of the Literacy Program from the U.S. Department of Education. On approval,. $34,818 in grant funds will be used between October I, 1992 and September 31, 1993. The purpose of the grant is to fund the Library's ''Read to Achieve" project. The first-year grant began October 1, 1990 and ended September 30, 1991; the second-year grant began October 1, 1991 and will conclude September 30, 1992. The project includes a Project Coordinator and a Programs Specialist. The services provided through the grant include a Literacy HOTLINE 747-READ that provides a single source of information for both providers and seekers of literacy assistance. Potential students are assessed and either referred to an appropriate agency or matched with volunteer tutors trained under the project. The grant provides materials for literacy instruction; promotes the establishment of new adult literacy programs by community organizations; provides ongoing expertise; and publicizes literacy instruction opportunities within the community. The Library maintains a special collection of circulating materials designed for adults with low reading skills; provides office space, furnishings, utilities, and space for workshops. The Public Information Office will provide approximately $2,000 of inkind production time for television spots at no cost to the grant. 91-50B-815-686 (27.) November 14, 1991 Page 815 The key provisions of the grant include: 1. The deadline for the grant application is December 14, 1991. 2. Quarterly, semi-annual, and final financial status reports are required. 3. A final performance report is required. 4. The library has to assure its compliance with federal requirements such as the Drug Free Work Place, etc. Results of the first full fiscal year's project success were: 980 Contract calls for the HOTLINE 7 Tutor-Training Workshops held at the Library and in the community. 155 Volunteer tutors trained 260 Persons seeking literacy assistance interviewed at the Library. 145 Students paired for work with tutors 75 Students referred to other sources (PIC, Adult Learning Center, Scottish Rite) This grant will be reviewed by the SPAG grant review process. Staff recommended approval. Motion was made by Councilman Aderton, seconded by Councilwoman Trejo to authorize Resolution #3757 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Consider Ordinance #9491 authorizing the issuance of "City of Lubbock. Texas. Combination Tax and Sewer System Subordinate Lien Revenue Certificates of Obligation, Series 1991h. ORDINANCE #9491 AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF LUBBOCK, TEXAS, COMBINATION TAX AND SEWER SYSTEM SUBORDINATE LIEN REVENUE CERTIFICATES OF OBLIGATION, SERIES 1991"; LEVYING AN AD VALOREM TAX UPON ALL TAXABLE PROPERTY IN THE CITY AND PLEDGING THE NET REVENUES OF THE CITY'S SEWER SYSTEM FOR THE PAYMENT OF SAID CERTIFICATES; PRESCRIBING THE TERMS AND DETAILS OF SUCH CERTIFICATES AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, SECURITY, PAYMENT AND DELIVERY OF SAID CERTIFICATES, INCLUDING THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AND PROVIDING AN EFFECTIVE DATE. This is first reading of an Ordinance authorizing issuance of $1,655,000 in Certificates of Obligation to the Texas Water Development Board which is the first segment of the SRF loan from the Water Development Board. This loan is in the form of Certificates of Obligation issued directly to the Water Development Board for a pre-determined rate of 5.5%. November 14, 1991 Page 816 91-508-816-687 {28.) Council action is the first step in the $50 million SRF loan previously approved to construct the sewer system improvements. The rate is lower than anticipated and is consistent with the direction of the City Council. Staff recommended approval of the Ordinance. Motion was made by Mayor Pro Tern Patterson, seconded by Councilman Maloy to pass on first reading Ordinance #9491 as recommended by Staff. Motion carried: 7 Yeas; O Nays. Consider Resolution #3758 authorizing the Mayor to execute an Agreement with the National Center for Municipal Development. Inc. for Federal Representation Services. RESOLUTION #3758 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 by and between the City of Lubbock and the National Center for Municipal Development, Inc., attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 14th day of November, 1991. ATTEST: Isl Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Isl Bob Cass Bob Cass, Deputy City Manager APPROVED AS TO FORM: Isl Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Isl B. C. McMinn B. C. McMINN, MAYOR AGREEMENT Between the City of Lubbock, Texas and the November 14, 1991 Page 817 NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT, INC. Washington, D.C. WHEREAS, the City of Lubbock, (hereinafter referred to as "City"}, in consultation with other major cities in Texas, has determined that there is a need for jointly sponsored Washington, D.C. representation; and WHEREAS, this need is particularly pressing in relation to: 1. Information about legislative and executive action on issues of common interest; 2. Transmitting City positions on these issues to the Congressional delegation and to the Administration; and 3. Obtaining individual City service to pursue defined projects or individual legislative priorities. WHEREAS, the National Center for Municipal Development is known to the cities and is capable of and willing to undertake representation in Washington; NOW THEREFORE: The City of Lubbock, in association with and recogn1z1ng the concurrent participation of the Cities of Dallas, Fort Worth, Houston and Plano (collectively hereinafter referred to as "Cities"), enters into this Agreement with the National Center for Municipal Development {hereinafter referred to as "NCMD"). I. OBLIGATIONS OF THE NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT. A. NCMD will operate a unit to act as a Washington office for the Cities and will assign Barbara T. McCall as head of this , unit and as Washington Assistant to the Cities. Dicken Cherry will also be assigned as Washington Assistant to the Cities. NCMD will furnish requisite staff, office space, utilities, furnishings, and equipment, secretarial services, common-use office supplies and services, and general administrative support. B. The Washington Assistants will consult with the "Committee" (see Section II E) to determine issues of specific interest to the Cities and to determine policies and positions which the Cities as a group hold and wish to be pursued. In cases in which the City positions differ from or conflict with the Cities' group position, the Washington Assistants will consult with the City and the Committee to determine the proper course of action. November 14, 1991 Page 818 C. Information. D. 1. The Washington Assistants will provide regular information on Washington issues and events of interest to the Cities. This will be done by: a. uwashington Report,u a regular publication of NCMD; b. Written reports, bulletins, and memoranda on developments in Texas-specific issues; and c. Direct phone contact. 2. The Washington Assistants will present federal affairs briefings for the Cities at times and places specified by the Committee. Congressional Relations. The Washington Assistants will establish and maintain on a regular basis contact with the Texas Senators and the Cities' delegation in the House of Representatives. E. Administrative Relations. F. The Washington Assistants will advise and consult on behalf of the City with the White House, and the following federal agencies, or departments: Commerce, SBA, Treasury, HUD, Labor, HHS, DOT, EPA, Interior, Justice, DOE, and such other agencies, departments, and commissions as may be necessary to the performance of Washington service to the City. Individual City Services. 1. The Washington Assistants will initiate and pursue research, reports, meetings, consultation and other activities on matters of interest to the City and will respond to requests for similar actions from the City. It will inform the Administration and Congress of the needs of the City. Such services and activities will be provided at a cost of $90.00 per hour. 2. Should billable costs for the contract period appear to exceed the costs specified in Sections II, B or C, McCall will notify the City, together with her estimates of the extra amounts expected to be required, the reasons therefor, and her recommendation to the City. IJ. OBLIGATIONS OF THE CITY A. The City will contract with NCMD for specified services for a period of one (I) year, commencing on October 1, 1991 and ending on September 30, 1992. B. Service Costs. 1. The service costs of this Contract is composed of three (3) elements: a. A retainer of $14,288.00 per year. b. Thirty-six (36} assured usage of hours of service at $90.00 per hour, totalling $3,240.00. c. Optional use hours of service at the rate of $90.00 per hour. C. November 14, 1991 Page 819 Reimbursable Costs--Not to Exceed $5,000.00. 1. Costs incident to travel outside Washington, O.C. for long distance telephone calls, and for expedited communication services shall be reimbursed to NCMD upon submission of its invoice to the City. It is understood that travel is to be preauthorized by the City or the Committee. In the case of travel authorized by the Committee, the City agrees to pay its pro-rata share of the costs. 2. Costs for the following items which exceed the allocation for such items in the basic contract cost shall, when authorized by the City and the Committee, be reimbursed to NCMD upon presentation of its invoice: a. Subscription and dues. b. Printing and graphics. c. Supplies. d. Provision of local ground transportation in Washington. e. Rental of meeting facilities and other meeting expenses. 3. If an expenditure under this Section is authorized by the Committee, the City agrees to pay its pro-rata share. D. Contract costs are payable as follows: 1. The retainer and assured hourly costs of $17,528.00 are payable, quarterly, in advance in these amounts: October 1, 1990 $4,382.00 January 1, 1991 $4,382.00 April 1, 1991 $4,382.00 July 1, 1991 $4,385.00 2. The optional hourly costs above the first thirty-six (36) hours of service are payable upon billing by NCMD, after the assured hours of service have been exceeded. (Section II, B. 2) E. The Committee. 1. The City will appoint a member to a Committee of the Cities associated in this effort. The Committee will appoint its own chairperson and determine the times and places of its meetings. The functions of the Committee are: a. To determine common positions on federal issues which NCMD is to pursue on behalf of the Cities. b. To discuss apparent conflicts or differences on issues or projects which may arise among the Cities and to resolve them in terms of a course of action for NCMD. November 14, 1991 Page 820 F. c. To monitor the function and operation of the Washington office to determine if it is ful- filling the goals and objectives for which it was designed. d. To authorize travel and other reimbursable expenses to be incurred for the common purposes of the Cities. General. 1. The City will inform the Washington Assistants of the person(s} authorized to request services and to serve as the chief contact. 2. The City will supply the Washington Assistants with a summary of the federal programs in which the City is participating, and other information necessary to an understanding of the City's purposes in relation to the federal government. III. THE CITY AND THE CENTER AGREE THAT CERTAIN EXCLUSIONS SHALL APPLY. A. NCMD will not: 1. Directly or indirectly participate in or intervene in any political campaign on behalf of or in opposition to any candidate for public office. 2. Will not represent the issues of local constituents in pursuit of federal business. 3. By virtue of this Agreement, represent other local agencies in the City except those which are instrumentalities or agencies of the City. 4. Perform any legal, engineering, accounting, or other similar professional services. 5. Will not represent a position which clearly and directly opposes national policies of the National League of Cities and U.S. Conference of Mayors. 6. Expend more than $2,500 provided by this Contract in efforts to influence HUD directly, as specified in Section 7(d) and 13(g) of the Department of Housing and Urban Development Act, 42 U.S.C. 3535(d) and 3537b(g) and 24 C.F.R. Section 86.1. In addition, NCMD will notify the City if there is possibility of exceeding this expenditure limit. November 14, 1991 Page 821 IV. THE CITY AND NCMO AGREE. A. Any change of the persons assigned as Washington Assistants must be approved by the City Manager. B. Either party may terminate this Agreement at any time by giving the other at ninety (90) days written notice. This Agreement shall take effect on October 1, 1991. DULY PASSED AND APPROVED THIS THE 14th day of November, 1991. CITY OF LUBBOCK, TEXAS NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT, INC. BY:/s/ B. C. McMinn B. C. McMINN, MAYOR BY: =pR=E=s-::-:rn=E=N=T------- ATTEST: Isl Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, Deputy City Manager APPROVED AS TO FORM: Isl Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney In 1986, the City Council approved a Contract with the National Center for Municipal Development and the cities of Lubbock, Plano, Houston, Dallas and Fort Worth agreed at that time to enter into a joint Contract for federal representation services. Under. the terms of the Contract, the cities received routine notifications on the various items of interest from Washington and are also able to secure specific services for individual city projects. Proposed contract costs for the forthcoming year are broken down as follows: 1. Retainer -$14,288 2. 36 Assured Usage Hours of Service -$3,240 3. Reimbursables Not to Exceed $5,000 In addition, Staff is able secure additional hours of service at a rate of $90 per hour. The NCMD has been of significant value to the City with regard to discussions with various federal agencies. November 14, 1991 Page 822 91-50B-822-688 (29.) Staff memo advised that on May 17, HUD published the final rule on the requirements governing the lobbying of HUD personnel. From Staff's perspective, the relevant features of those rules indicated that as long as a city's expenditures for contract lobbyists or non-policy employees are less than $10,000 per year for "influencing" HUD, the City is required to 11 keep records" but not to report. According to Barbara McCall, a city would "clearly be protected from reporting and could effectively be relieved of record keeping on .•..... (this} contract by a clause in the contract stating that not more than $2,500 may be expended for purposes of influencing specific decisions of HUD." According to Staff memo, this would not interfere with the customary mode of operation and wording to that effect has been included. Staff recommended approval of this Contract. Motion was made by Councilwoman Baker, seconded by Mayor Pro Tern Patterson to authorize Resolution #3758 as recommended by Staff. Motion carried: 7 Yeas; O Nays. Consider Resolution #3759 authorizing the Mayor to execute a Lease Agreement with the Camp Fire Council of Lubbock for a tract of land 371.45' south and 109' east of the southwest corner of Lot 8, Block I. Burleson and Osborn Canyon Addition (Installment No. 1h RESOLUTION #3759 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Lease Agreement by and between the City of Lubbock and Campfire Council of Lubbock, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 14th day of November, 1991. ATTEST: Isl Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Isl Jerry Smith Jerry Smith, Director of Building Services APPROVED AS TO FORM: Isl Jean E. Shotts, Jr. Jean E. Shotts, Jr., Assistant Trial Attorney Isl B. C. McMinn B. C. McMINN, MAYOR November 14, 1991 Page 823 STATE OF TEXAS )( LEASE AGREEMENT COUNTY OF LUBBOCK ){ This lease by and between the City of Lubbock, Lubbock County, Texas, hereinafter called "LESSOR", and Camp Fire Council of Lubbock, a Texas non-profit corporation, hereinafter called "LESSEE", for and in consideration of the Sum of One and No/100 Dollars to Lessor paid, the receipt of which is hereby acknowledged, and the consideration of the covenants herein contained, to be kept and performed: WITNESSETH: Lessor does hereby let and lease unto the Lessee the following described tract of land in Lubbock County, Texas, to-wit: BEGINNING at a point which bears 371.45 feet south and 109 feet east of the Southwest corner of Lot Eight (8), Block One (1), Burleson & Osborn's Canyon Addition Installment No. 1 to the City of Lubbock, Lubbock County, Texas; THENCE South 20 degrees 12 minutes West 203.22 feet; THENCE West 260 feet; THENCE North 150 feet; THENCE North 78 degrees 26 minutes 30 seconds East, 289.09 feet; THENCE South 69 degrees 48 minutes East 50 feet to the Place of Beginning. such tract being a part of two tracts of land conveyed to Lessor by J. A. Hodges and wife, Helen Hodges, by deeds dated January 3, 1963, and which are recorded in Vol. 922, at page 511 and at page 515, Deed Records of Lubbock County, Texas, to which reference is here made for all purposes, and which tracts of land comprise Helen Mclean Hodges Park. TO HAVE AND TO HOLD the said premises hereby demised unto the Lessee from November 14, 1991, for a term of twenty (20) years next ensuing, for the sum of One and No/100 Dollars, payable in advance upon the execution of this lease hereinabove mentioned, subject to the following terms, conditions, covenants and provisions. 1. Lessee shall keep the said premises in good repair, normal wear and tear excepted. 2. Lessee has constructed a building, parking area and has made certain improvements on said leased premises, all of which shall be used by its personnel, and persons using the said premises; such improvements shall be and belong the Lessee so long as Lessee occupies the said premises, but once Lessee abandons the said premises, or this lease expires or is terminated, the said building, parking lot and improvements shall be the property of Lessor unless such lease is renewed within six months of its expiration. Lessee shall bear all costs and charges for any and all improvements placed on said property, and all repairs, and Lessee shall keep and maintain all improvements, as well as all renewals and additions to the appurtenances during the term of this lease. Approval shall be secured from Lessor before any improvements are placed on the premises by Lessee. Such approval or disapproval shall be made by the Director of Parks. 3. Lessee shall pay all bills required in carrying out its use of the lease premises. November 14, 1991 Page 824 4. Lessee shall not assign this lease, or sublet the whole or any part of said premises, not make or allow any unlawful, improper or offensive use thereof. Lessee shall comply with all ordinances and regulations of the State, County and City and other governmental agencies applicable to the demised premises. 5. Lessor agrees that Lessee in conjunction with the leased premises may use the remaining part of said park not herein leased for such purposes necessary to further the aims of Lessee. Such use shall be subject to the rules established for such part and any rules set by the Parks Department for a special use by the Lessee; and, further, such use shall be a use in common with other park patrons and not an exclusive use unless an area is reserved for Lessee by the Parks Department on agreed times and dates. The premises shall be left in an clean a condition as the premises were found to be in. The right of ingress and egress over the remaining portion of the said park is hereby expressly granted to Lessee, its servants, employees and members. Such right is subject to established park rules and shall not prevent the establishing of park hours, park uses or the erecting of fences, structures, barriers or signs as the Park Department may determine as necessary. 6. In the event the improvements are destroyed by fire, act of God or accident so that the inteded use of said premises cannot be carried out, Lessee shall remove, or cause to be removed, the unsightly portion that may be damaged, or repair the same. 7. At the termination of this lease, or any extension thereof, all improvements and personal property affixed to the soil shall remain on the premises, and if the Lessee is not in default in the performance of the covenants hereof, Lessee may remove those items of personal property whose removal will not permanently injure the building. 8. In the event Lessee shall make default in the performance of any of the agreements, conditions and convenants contained herein, Lessor may, at its option, notify Lessee in writing of the breach, or breaches, and give the Lessee fifteen (15) days in which to correct same, and if Lessee does nto correct such default, Lessor may enter the leased premises and take possession thereof and depossess and evict Lessee and keep and retain all goods, wares, chattel, implements, fixtures, furniture and personal property. A landlord's lien in expressly granted Lessor as security to assure the carrying out of the terms of this lease, and such lien may be enforced at a public or private sale of said property, after a ten (IO) days notice in writing is given to Lessee. Such sum, or sums, received shall be the amount of damages Lessor is entitled to receive for the breach, as it would be difficult to ascertain the damages in such case. 9. Lessor does hereby grant to Lessee an option for renewal and extension of this lease for a term of twenty (20} years for the same consideration and provisions and conditions; provided however, such extension must be aprpoved by the City Council of the City of Lubbock before the expiration of the original term herein. Lessee shall notify Lessor in writing at least three months before the end of the term of the lease, that an extension is desired and that Council approval is requested. If such notice is not given by Lessee at the expiration of the lease, or if the request for extension is denied, Lessee shall be a tenant fro~ year to year at a rental of One and No/100 Dollar per year, terminable at the will of Lessor after three months written notice to Lessee. November 14, 1991 Page 825 10. Lessee agrees to hold the Lessor free and harmless against any and all claims, demands, suits, and judgments resulting from its use, maintenance and occupancy of the property and improvements. The Lessee shall maintain at all times, as its sole expense, insurance acceptable to the Lessor against claims of public liability and property damage resulting from the Lessee's use, maintenance and occupancy of the property. The amount of insurance coverage shall not be less than $50,000.00 for property damage as result of any one accident or less than $100,000.00 for personal injury or death of any one person in any one accident or less than $300,000.00 for personal injury or death of two or more persons in any accident. Certificates evidencing coverage shall be provided to the Lessor. 11. The agreements, conditions, covenants and terms herein shall be binding and insure to and for the benefit of the undersigned, their respective successors and assigns. Executed this the 14th day of November, 1991. ATTEST: Isl Laura J. Monroe ATTEST: Isl Ranette Boyd CITY OF LUBBOCK, TEXAS /s/ Charlie Brown. President Campfire Council of Lubbock Isl B. C. McMinn Ranette Boyd, City Secretary B. C. Peck McMinn, Mayor APPROVED AT TO CONTENT: Isl Jerry Smith Jerry Smith, Director of Building Services APPROVED AS TO FORM: Isl Jean E. Shotts, Jr. Jean E. Shotts, Jr. Assistant Trial Attorney Camp Fire Council of Lubbock, formerly known as the Lubbock Council of Camp Fire Girls, Inc., a Texas non-profit corporation, leased this property on August 15, 1971. It is located near Helen Hodges Park at North University and Marshall Street near Canyon Lake #1. This Lease was for a term of 20 years for a fee of $1.00 and the agreement was made with the provision that the Camp Fire Council of Lubbock would bear all costs to improve the property by constructing a building and parking lot as well as maintaining all improvements. If lessee abandons these premises, the building, parking lot, and improvements will be the property of the City of Lubbock. The Camp Fire Council of Lubbock request to exercise their option for renewal and extension of the Lease for another 20 years with the same provisions and conditions, provided however that such extension be approved by the City Council. Staff recommended approval of this lease agreement extension. Motion was made by Councilman Maloy, seconded by Councilman Phillips to authorize Resolution #3759 as recommended by Staff. Motion carried: 7 Yeas; O Nays. November 14, 1991 Page 826 91-50B-826-689 (30.) 91-50B-826-690 (31.) 91-50B-826-691 (32.} 91-50B-826-692 (33.) 91-50B-826-693 {34.) BID #11611--Ductile iron pipe (Central Warehouse). Western Industrial--1,200' 6 11 ductile iron Class 150 pipe; 400' 12" ductile iron Class 150 pipe. Motion was made by Mayor Pro Tern Patterson, seconded by Councilman Aderton to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. BIO #11579--Annual pricing for fire hydrant meter (Water Utilities). Master Meter, Inc., Longview--25 ea. 3" fire hydrant meter. Motion was made by Mayor Pro Tern Patterson, seconded by Councilman Aderton to authorize low bid meeting specifications. Motion carried: 7 Yeas; O Nays. BID #11548--Annual bid for distribution transformers {Electric Distribution). Bids are awarded based on ranking and availability. Motion was made by Mayor Pro Tern Patterson, seconded by Councilman Aderton to authorize low bid meeting specifications. Motion carried: 7 Yeas; O Nays. BID #11623--Annual Contract for tree trimming and removal (Electric Distribution). Asplunch Tree Expert Co., Mansfield. Motion was made by Mayor Pro Tern Patterson, seconded , by Councilman Aderton to authorize low bid meeting specifications. Motion carried: 7 Yeas; O Nays. BID #11582--Home Security Program (Community Development}. Circle Drive Construction--50 ea. 32''X80 11 Xl-3/4" pre-hung door unit with hardware and installation; 50 ea. 36"X80"Xl-3/4" pre-hung door unit with hardware and installation. Motion was made by Mayor Pro Tern Patterson, seconded by Councilman Aderton to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 91-50B-827-694 {35.) 91-50B-827-695 (36.) 91-508-827-696 (37.) 91-50B-827-697 (38.) 91-508-827-698 (13.) November 14, 1991 Page 827 BID #11531--Cable and luminaires (Central Warehouse). Cummins Supply, Amarillo--55,000' No. 2 Triplex, cable in pipe; 10,000' two 4/0 Phase Conductor, one 2/0 Neutral Conductor, in 2" pipe; 10,000' two 350 MCM Phase Conductor, one 4/0 Neutral Conductor in 2- 1/211 pipe; 32,500' No. 1/0 single alum. 19 strand, 15KV, cable in pipe; 150 ea. 400W luminaires. Motion was made by Mayor Pro Tern Patterson, seconded by Councilman Aderton to authorize low bid meeting specifications. Motion carried: 7 Yeas; O Nays. BIO #11627--Annual pr1c1ng for office systems (Building Services). Hester's Office Center--Annual discount percentage-- material and installation. Motion was made by Mayor Pro Tern Patterson, seconded by Councilman Aderton to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. BIO #11628--Police motorcycles and parking control vehicle {Garage). Graves Harley Davidson/BMW--2 ea. Police Solo Motorcycle Spec 204. Associated Supply Co.--3 ea. Police Parking Control Vehicle Spec 205. Motion was made by Mayor Pro Tern Patterson, seconded by Councilman Aderton to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. BID #11585--Utility bodies (Garage). Fruehauf Trailer--2 ea. Utility Body Spec 708B; 1 ea. Utility Body Spec 719A. American Equipment & Trailer--! ea. Utility Bod with hydraulic tailgate lift Spec 708; 1 ea. Pickup Dump Body with liftgate Spec 735. Utility Trailer Southwest Sales, Amarillo--2 ea. Hydraulic Tailgate Lift Spec 763. Motion was made by Mayor Pro Tern Patterson, seconded by Councilman Aderton to authorize low bid meeting specifications. Motion carried: 7 Yeas; O Nays. Hold a Public Hearing to consider the request of Grantland Corporation for an Oil and Gas Drilling Permit for a tract located approximately 2307' south of North Kent and 337' west of North Guava in Section 8, Block A. Designation of well is Grantland Ashby #4. November 14, 1991 Page 828 91-50B-828-699 (14.} Consider approval of an Oil and Gas Drilling Permit for Grantland Ashby #4. Dub Bratcher appeared on behalf of Grantland Corporation to request approval of an Oil and Gas Drilling Permit for Grantland Ashby #4. No one appeared in opposition. Mayor McMinn closed the hearing at 10:33 a.m. On October 4, 1991, Staff received an application for a permit to drill this well for a storage site proposed in conjunction with a tank battery approved by an existing permit. 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'. Grantland proposed earth sludge pits and no landscaping at the well site. The blow-out 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 site is proposed from East Kent or North Guava on private property. SHORT TERM IMPACTS: A minimum of short term impact is expected since the area is uninhabited and the current use is agricultural. 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 industrial on the Comprehensive Land Use Plan and additional wells are in the immediate area. Since little additional development is projected in the immediate area and future development anticipated is for industrial, few long term negative impacts are anticipated. RECOMMENDED PERMIT CONDITIONS: 1. No hydrocarbon lubricant (waste oil} will be used to free-up the hole during drilling until after the first series of surface casing has been set to 350' or greater. 2. The permittee will require that a first series of casing be set when drilling reaches a depth of 350' to 400'. The permittee will notify the Lubbock office of the Texas Railroad Commission for the intended dates for casing the well. 3. The first and if used, the second series of casing of the well will be in substantial compliance with applicable portions of Rule 13 of the Texas Railroad Commission. 91-50B-829-700 (15.) 91-50B-829-701 (16.) November 14, 1991 Page 829 4. The permittee will meet all other conditions of Section 14, Article VI of the Lubbock Code and those specifications indicated within the application of Grantland for Grantland Ashby #4. Motion was made by Councilman Maloy, seconded by Mayor Pro Tern Patterson to approve request of Grant1and Corporation for issuance of an Oil and Gas Drilling Permit for Grantland Ashby #4 with conditions recommended by City Staff. Motion carried: 7 Yeas; 0 Nays. Hold a Public Hearing to consider the request of Grantland Corporation for an Oil and Gas Drilling Permit for a tract located approximately 2310' south of East Kent and 2067' west of North Guava in Section 8, Block A. Designation of well is Grantland Ashby #3. Consider approval of an Oil and Gas Drilling Permit for Grantland Ashby #3. Dub Bratcher appeared on behalf of Grantland Corporation to request approval of an Oil and Gas Drilling Permit for Grantland Ashby #3. No one appeared in opposition. Mayor McMinn closed the hearing at 10:35 a.m. On October 8, 1991 Staff received an application for a permit to drill the above described well for a storage site proposed in conjunction with a tank battery approved by an existing permit. 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'. Grantland proposes earth sludge pits and no landscaping at the well site. The blow-out 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 site is proposed from East Kent on private property. SHORT TERM IMPACTS: A minimum of impact is expected for the short term since the area is uninhabited and current use is agricultural. 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 industrial on the Comprehensive Land Use Plan. Additional wells are in the immediate area. Since little additional development is projected in the immediate area and future development is anticipated as industrial, few long term negative impacts are anticipated. November 14, 1991 Page 830 91-508-830-702 (39.) RECOMMENDED PERMIT CONDITIONS: 1. No hydrocarbon lubricant (waste oil) will be used to free-up the hole during drilling until after the first series of surface casing has been set to 350' or greater. 2. The permittee will require that a first series of casing be set when drilling reaches a depth of 350' to 400'. The permittee will notify the Lubbock office of the Texas Railroad Commission for the intended dates for casing the well. 3. The first and if used, the second series of casing of the well will be in substantial compliance with applicable portions of Rule 13 of the Texas Railroad Commission. 4. The permittee will meet all other conditions of Section 14, Article VI of the Lubbock Code and those specifications indicated within the application of Grantland for Grantland Ashby #3. Motion was made by Councilman Aderton, seconded by Councilman Phillips to approve request of Grantland Corporation for issuance of an Oil and Gas Drilling Permit for Grantland Ashby #3 with conditions recommended by City Staff. Motion carried: 7 Yeas; 0 Nays. Hold an Executive Session to discuss personnel matters regarding duties. responsibilities and/or appointments to: Planning and Zoning Commission 91-50B-831-703 ( 40.) November 14, 1991 Page 831 Consider six appointments to the Planning and Zoning Commission. The terms of Bob Schmidt, Tim Lambert, Kyle Fulton. Dan Barnett. Edwin Scott, and Gilbert Flores will expire November 16, 1991. Motion was made by Councilman Phillips, seconded by Mayor Pro Tern Patterson to reappoint Bob Schmidt and Kyle Fulton and to appoint Wendell Davis, Nellie Gomez, Molly Irvin, and James Pipkin to the Planning and Zoning Commission. Motion carried: 7 Yeas; O Nays. There being no further business to come before Council, motion was made by Mayor Pro Tern Patterson, seconded by Councilman Phillips to adjourn the meeting at 10:55 a.m. Motion carried: 7 Yeas; O Nays. . C.A,•~ ~ ~ . B.C. McMi'ful,Mayor ATTEST: ~.g_ RanteBoyd, City Secretary Read and approved this the 21st day of November, 1991. Ah Cl!;.:~ B.C. McMih,Mayor ATTEST: