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: