HomeMy WebLinkAboutMinutes - City Council - Regular - 11/21/1991CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
NOVEMBER 21, 1991
10:00 A.M.
The City Council of the City of Lubbock, Texas met in regular session on
the 21st 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.} The Invocation was given by Assistant City Manager
Rita Harmon.
{ 2.) The Pledge of Allegiance was given in unison by
those in the Council Chambers.
{ 3.) Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Aderton to approve the Minutes of the
November 14, 1991 Regular City Council meeting as
written. Motion carried: 7 Yeas; 0 Nays.
( 4.) Board .Appointments
91-508-833-704
{ 5.} ORDINANCE #9490--Abandoning and closing a portion of
an alley► located in Crump Five Acre Subdivision
(4805 University).
ORDI_N_ANCE_ #9490
AN ORDINANCE ABANDONING AND 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 AND CLOSING; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR PUBLICATION.
91-50B-833-705
( 6.)
Motion was made by Councilman Phillips, seconded by
Mayor Pro Tem Patterson to pass on second and final
reading Ordinance #9490 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
aeries i77l
November 21, 1991
Page 834
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.
91-508-83;-706
( 9.)
Motion was made by Councilman Phillips, seconded by
Mayor Pro Tem Patterson to pass on second and final
reading Ordinance #9491 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
RESOLUTION #3760
IBE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
'THAT the Mayor of the City of Lubbock is hereby authorized and
directed to execute for and on behalf of said City Supplementary
Agreement No. 1 to the Agreement dated July 8, 1991, between said City
(as Owner) and HDR Engineering, Inc. (as Engineer) for professional
engineering services for the Railroad Relocation for East-West Freeway
Project in Lubbock, attached herewith, which shall be spread upon the
minutes of the Council and as spread upon the minutes of the Council
shall constitute and be a part of this Resolution as if fully copied
herein in detail.
Passed by the City Council this 21st day of November, 1991.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVE=D AS TO CONTENT:
s James Bertram
James Bertram, Assistant City
Manager for Development Services
APPROVED AS TO FDRM:
s J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
A copy of the Supplemental Agreement No. 1 to the Agreement dated July
8, 1991. between the City of Lubbock and HDR Engineering, Inc. is filed
with Resolution No. 3760.
November 21, 1991
Page 835
The original Agreement between the City of Lubbock
and HDR Engineering, Inc., (HDR) for this project
was approved on July 8, 1991 and the scope of work
and compensation for the original Agreement were
based on the assumption of preparation of an
environmental assessment of the project and
participation in public meetings on railroad
relocation issues by HDR and their subcontractors.
In October, the City was notified by the Texas
Department of Transportation that in addition to the
EA, a Draft Environmental Impact Statement (EIS) and
a Final Environmental Impact Statement will he
required for the project. Also, the State decided
to hold a third public meeting regarding the
East-West Freeway and the railroad relocation and
requested HDR to provide information on railroad
relocation. The involvement in the third public
meeting and the preparation of the Environmental
Impact Statement are the bases for this Supplemental
Agreement.
The schedule required to complete the Environmental
Impact Statement process is anticipated to add six
months to the EA process. However, a decrease in
the anticipated number of right-of-way parcels will
allow a six months reduction in the design prase of
the project and will not change the 48 month project
completion projection.
The increased monetary compensation included in the
Contract for the expanded scope of work is as
follows:
Original
Supplemental
Agreement
Agreement No. 1
Increase
HDR
$290,558
$349,673
$ 59,115
PSC
84,526
103,346
18,820
Hicks
& Co.
117,265
231,674
114,409
Totals
$492,349
$684,693
$192,344
The Seagraves, Whiteface and Lubbock Railroad has
reviewed and agreed to the proposed Supplemental
Agreement No. 1. The State is currently reviewing
the Supplemental Agreement and any required
revisions by the State must be incorporated into the
Agreement prior to Council approval.
Staff recommended Council approval of Supplemental
Agreement No. 1.
Motion was made by Councilwoman Baker, seconded by
Councilwoman Trejo to authorize Resolution #3760,
subject to approval by State Department of Highways
and Public Transportation. Motion carried: 7 Yeas;
0 Ways.
November 21, 1991
Page 836
91-50B-836-707
(10.)
Sales Contract for purchase of this property
jAi_rport ]
RESOLUTION 03761
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality
located in Lubbock County, Texas, has determined and does hereby
determine that the public needs, safety and welfare demand and create a
public necessity for the acquisition of additional land for municipal
purposes and public purposes, to -wit: for the expansion of Lubbock
International Airport; NOW THEREFORE:
BE IT RESSOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title to the following described
tract of land located in Lubbock County, Texas, be acquired for public
purposes and municipal purposes as set forth in the preamble hereof,
to -wit:
A tract of land out of Section 32, Block A, Lubbock County,
Texas, being more particularly described as follows:
BEGINNING at a point which bears a distance of 1320.00 feet
North and a distance of 260.00 feet East of the Southwest
corner of Section 32, Block A, Lubbock County, Texas;
THENCE N. 00°08'00" W. a distance of 911.93 feet along a
line parallel to and a distance of 210.00 feet East of the
East ROW line of U. S. 87 to a paint;
THENCE N. 05°34'38" E. a distance of 100.50 feet to a point;
TH17NCE N. 00008'00" W. a distance of 500.00 feet to a point;
THENCE N. 02°59'45" W. a distance of 200.25 feet to a point;
TH17NCE N. 00008'00" W. a distance of 831.10 feet along a
line parallel to and a distance of 210.00 feet East of the
East ROW line of U. S. 87 to a point;
THENCE N. 02°43'45" E. a distance of 97.09 feet to a point
for• the Northwest corner of this tract;
THENCE East a distance of 1061.30 feet to a point for the
Northeast corner of this tract;
THENCE South a distance of 2640.00 feet to a point for the
Southeast corner of this tract;
THENCE West a distance of 1060.00 feet to the POINT OF
BEGINNING.
SECTION 2. THAT the Mayor of the City of Lubbock is hereby
authorized to execute a Contract of Sale, attached to this Resolution
and incorporated herein by this reference, for the purchase of the above
described real property and the improvements thereon for the sum of
$225,000.00 and other consideration.
November 21, 1991
Page 837
SECTION 3. THAT if the above Contract of Sale is not executed by
November 25, 1991, by all of the owners of the above described property,
such owners being ROBERT C. HOBGOOD, ULYSS O. HOBGOOD and MARTHA RUTH
BREWER, individually and as Trustees of the "HOBGOOD FAMILY TRUST," the
City Attorney of the City of Lubbock is hereby authorized and instructed
to institute condemnation (eminent domain) proceedings to acquire the
fee simple title to said property for the public purposes and municipal
purposes as aforesaid.
Passed by the City Council this 21st day of November, 1991.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
s Harold Willard
Harold Willard, Assistant City
Attorney
THE STATE OF TEXAS §
CONTRACT OF SALE
COUNTY OF LUBBOCK §
This Contract of Sale is made by and between ROBERT C. HOBGOOD,
ULYSS O. HOBG,DOD and MARTHA RUTH BREWER, each individually and as
Trustees of the "HOBGOOD FAMILY TRUST" pursuant to that certain
Indenture of Trust dated June 27, 1983, and filed for record in Volume
1845, Page 848 of the need Records of Lubbock County, Texas, and Volume
2435, Page 55 of the Real Property Records of Lubbock County, Texas,
(and all of whom are collectively referred to herein as "SELLERS") and
the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation of Lubbock
County., Texas, (referred to herein sometimes as "BUYER").
RECITALS:
:1. SELLERS own 54.27 acres of land, more or less, located in
Lubbock County, Texas, and all improvements located upon the land.
2. SELLERS desire to sell and CITY desires to buy the above
described property, herein referred to as "the HOBGOOD FARM," free and
clear of all liens, claims and encumbrances, and upon the terms and
conditions hereinafter set forth.
AGREEMENT:
PROPERTY
November 21, 1991
Page 838
For the consideration hereinafter set forth and upon all terms,
conditions and provisions herein contained, SELLERS agree to sell and
convey to BUYER, and BUYER agrees to purchase from SELLERS the following
described property located in Lubbock County, Texas:
A. Real Property: A total of 64.27 acres of land, more or
less, and more particularly described as follows:
A tract of land out of Section 32, Block A, Lubbock County,
Texas, being more particularly described as follows:
BEGINNING at a point which bears a distance of 1320.00 feet
North and a distance of 260.00 feet East of the Southwest
corner of Section 32, Block A, Lubbock County, Texas;
THENCE N. 00008100" W. a distance of 911.93 feet along a
line parallel to and a distance of 210.00 feet East of the
East ROW line of U. S. 87 to a point;
THENCE N. 05034'38" E. a distance of 100.50 feet to a paint;
THENCE N. 00008100" W. a distance of 500.00 feet to a point;
THENCE N. 02059'45" W. a distance of 200.25 feet to a point;
THENCE N. 00008'00" W. a distance of 831.10 feet along a
line parallel to and a distance of 210.00 feet East of the
East ROW line of U. S. 87 to a point;
THENCE N. 02043'45" E. a distance of 97.09 feet to a point
for the Northwest corner of this tract;
THENCE East a distance of 1061.30 feet to a point for the
Northeast corner of this tract;
THENCE South a distance of 2640.00 feet to a point for the
Southeast corner of this tract;
TH17NCE West a distance of 1060.00 feet to the POINT OF
BEGINNING.
Thiis conveyance shall be subject to all written oil, gas and other
mineral leases, restrictions, covenants, reservations and mineral
severances and rights -of -way of record in Lubbock County, Texas, or
visible upon the ground, but only to the extent they are still in force
and effect at the time of such conveyance. SELLERS reserve all other
oil, gas„ and minerals unto themselves.
This Agreement to sell and convey property specifically includes
the property above described together with all the rights and
appurtenances pertaining thereto and all improvements thereon.
B. Improvements: This Agreement to sell and convey the real
property above described shall specifically include irrigation wells,
underground tile, and any other improvements situated on such real
property.
November 21, 1991
Page 839
II.
CONSIDERATION
BUYER shall pay to SELLERS the purchase price for the real
property as follows:
A. Cash: TWO HUNDRED TWENTY-FIVE THOUSAND AND N0/100 DOLLARS
($225,000.00) cash to be paid by BUYER to SELLERS jointly at closing.
B. Payment for Moving Expenses: In addition to the purchase
price, BUYER shall pay to ULYSS 0. HOBGOOD the sum of FIVE THOUSAND AND
NO/100 DOLLARS ($5,000.00) for moving or relocation expenses for farm
and ranch equipment, personal property and livestock situated on the
real property herein described.
EVIDENCE OF TITLE
Within two (2) days from the date of this Contract, BUYER will
cause a preliminary title insurance commitment to be issued at BUYER'S
expense. BUYER shall inform SELLERS in writing within five (5) days of
the date BUYER receives said title insurance commitment if BUYER
discovers objections or defects which prevent the issuance of a title
policy in the form desired by BUYER. SELLERS will use their best
efforts to correct, within thirty (30) days, said objections and
defects. If SELLERS are unable to correct said objections and defects
on or before the expiration of said thirty (30) days, then BUYER may
elect to declare this Contract terminated and of no further force and
effect; or BUYER may waive the objections and defects to title and agree
to accept the title as not conforming in all respects to the foregoing
requirements„ in which event, this sale shall be closed as herein
provided. The title commitment and policy will be issued from the title
company selected by BUYER.
IV.
TAXES
It is understood that the ad valorem taxes for 1989 and 1990 and
all previous years have been paid and that prorated taxes for 1991 to
the date of closing will be paid by SELLERS.
V.
CONDITIONS PRECEDENT
The obligations of the BUYER and SELLERS to consummate this
transaction are subject to the fulfillment, at or prior to closing, of
each of the following conditions:
A. A title policy is issued in favor of CITY as hereinabove set
forth.
B. CITY is able to secure from SELLERS such legal documents as
may be required to consummate this transaction, including
the acquisition of good and indefeasible title to the
property which is the subject of this Contract of Sale, free
and clear of all liens, claims and encumbrances, as herein
provided, or which may appear at the time of closing,
including a general warranty deed from all of the respective
SELLERS and appropriate release of all liens at the cost of
SELLERS.
November 21, 1991
Page 840
C. Acquisition of the real estate free and clear of all claims
of any parties in possession so that CITY is free, beginning
January 1, 1992, to enter into any contract for the use,
operation, management or maintenance of the HOBGOOD FARM as
CITY may desire, subject to the rights of SELLERS to harvest
crops for the 1991 crop year.
Immediately upon execution of this Contract, SELLERS and BUYER
each agree to diligently pursue in good faith all actions that may be
necessary to fulfill the above conditions as soon as reasonably
possible. Both BUYER and SELLERS agree that the closing date for
completing thie sale of the herein described real property shall be on or
before January 1, 1992.
Y1.
CONTRACT BINDING
This Contract and all covenants and agreements herein shall inure
to the benefit of and be binding upon the parties hereto and upon their
respective heirs, administrators, executors, successors and assigns.
VI 1.
PLACE OF PERFORMANCE
The parties agree that all payments, remedies and conditions
performable under the terms of this Contract shall be payable and
performable in Lubbock County, Texas.
PROPERTY ACCEPTED AS IS
BUYER represents that it has inspected the real property to be
conveyed and agrees to accept such property and all improvements thereon
conveyed AS Is, WHERE IS and WITH ALL OF THEIR FAULTS; and said property
and improvements are being sold without any warranty as to quality or
fitness, save and except those representations made in a general
warranty deed and bill of sale in the standard form provided by the
State of Texas. SELLERS do not warrant as to the total footage of
underground pipe; the total footage of fences; the condition of any
improvements; or the total acreage or boundaries of the real property.
IX.
NOTICE
Any notice given or made for any purpose pursuant to this Contract
shall be valid only if in writing and sent by certified mail, return
receipt requested, postage prepaid, addressed as follows:
If to SELLERS: Mr. U. 0. Hobgood
1602 Avenue H
Abernathy, Texas 79311
If to BUYER: Mr. Ed Bucy
Right -of -Way Agent
CITY OF LUBBOCK
P. 0. Box 2000
Lubbock, Texas 79457
Either party may, at any time, and from time to time, in the manner set
forth herein for the giving of notice, change the address of such party
as designated in this paragraph.
November 21, 1991
Page 841
X.
CROPS
It is understood and agreed that all of the feed and harvested
crops on hand, as well as the growing of crops for the year 1991 and
proceeds of sale from all such crops, belong to and are being retained
by the respective SELLERS, and SELLERS have the right to continue the
harvest of all such crops without liability or obligation to BUYER.
XI.
REALTO
BUYER and SELLERS represent to each other that neither party has
retained a licensed realtor or broker with respect to this Contract of
Sale and no realtor or broker fees are due to any party except to ULYSS
0. HOBG00u, who retains a commission upon closing.
XII.
CLOSING
Time is, of the essence in this Contract. It is understood that
after this Contract is executed actions are required by both SELLERS and
BUYER in order to satisfy the conditions precedent, and that closing
will occur on or before January 1, 1992. Closing shall take place at
the downtown office of Service Title Company of Lubbock, Texas, or such
other place as the parties may mutually agree. At the time of closing,
all documents; are to be executed and delivered, and all monies are to be
paid. The title policy fee and all normal closing costs will be paid
for by the BUYER.
XIII.
GENERAL CONDITIONS
A. Possession: BUYER shall acquire the right to own and
operate the H0uG000 FARM as of the date of closing.
B. Entire Agreement: This Contract embodies the entire
agreement and understanding of the parties and supersedes any and all
prior letters of intent, agreements, arrangements and understandings
relative to the subject matter hereof.
C. Counterparts: This Contract may be executed in one or more
counterparts, each of which shall be effective as an original.
IN WITNESS WHEREOF, the parties hereto have executed this Contract
of Sale, effective this 21st day of November, 1991.
s Robert C. Hobgood
ROBERT C. HOBG00D, Individually
and as a Trustee of the Hobgood
Family Trust
s U1 ss 0. Hobgood
ULYSS 0. HOBGOOU, Individually
and as a Trustee of the Hobgood
Family Trust
SELLERS:
Is1 Martha Ruth _Brewer
MARTHA RUTH BREWER, Individually
and as a Trustee of the Hobgood
Family Trust
November 21, 1991
Page 842
BUYER:
CITY OF LUBBOCK:
BY:/sj B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
Isf Ranette_Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Is/ Ed Bucy
Ed 8ucy, Right -of -Way Agent
APPROVED AS TO FORM:
s Harold Willard
Harold Willard, Assistant City
Attorney
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and for
said County, Texas, on this day personally appeared B. C. McMINN, Mayor
of the City of Lubbock, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he
executed the same for the purposes and consideration therein expressed
and in the capacity therein stated as the act and deed of the City of
Lubbock.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 21st day of November,
1991.
Is1 Olivia R. Solis
Notary Public in and for
the State of Texas
THE STATE: OF TEXAS §
COUNTY OF Hale §
BEFORE ME, the undersigned authority, a Notary Public in and for
said County, Texas, on this day personally appeared ROBERT C. HOBGOOD,
known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same for the
purposes and consideration therein expressed and in the capacity therein
stated.
1991.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 23rd day of November,
Isj Frank Gaston
Notary Public in and for
the State of Texas
November 21, 1991
Page 843
THE STATE OF TEXAS §
COUNTY OF Hale §
BEFORE ME, the undersigned authority, a Notary Public in and for
said County, Texas, on this day personally appeared ULYSS O. HOBGOOD,
known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same for the
purposes and consideration therein expressed and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 23rd day of November,
1991.
/s/ Frank Gaston
Notary Public in and for
the State of Texas
THE STATE: OF TEXAS §
COUNTY OF Hale §
BEFORE ME, the undersigned authority, a Notary Public in and for
said County, Texas, on this day personally appeared MARTHA RUTH BREWER,
known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that she executed the same for the
purposes and consideration therein expressed and in the capacity therein
stated.
1991.
GIVEN UNDER MY HANG AND SEAL OF OFFICE this 23rd day of November,
/s/ Frank Gaston
Notary Public in and for
the State of Texas
This Resolution authorizes the Right -Of -Way
Department to make an offer of $225,000 to the three
trustees of the Hobgood Family Trust. This offer is
for a 64.27-acre tract located northwest of the old
airport terminal and adjacent to the east access
road of 1-27 needed for airport expansion and a
clear zone. Funding for this purchase will come
from an approved FAA Grant ($202,500) and local
share ($22,500). Tommy Cantrell, M.A.I., appraised
this property at $225,000. The property is
predominantly farm and ranch land and includes an
old house and barn.
The terms of the Contract are as follows:
1. Parties of the Contract: Robert C.
Hobgood, Ulyss O. Hobgood, and
Martha Ruth Brewer, individually and
as Trustees of the Hobgood Family
Trust, Sellers; and the City of
Lubbock, Purchaser.
2. Purpose: Airport Clear zone and
Development Area.
3. Date for Both Parties to Sign
Contract By: November 25, 1991.
Date of Closing - January 1, 1992 or
sooner.
November 21, 1991
Page 844
91-50B•-844-708
(11.)
4.
5.
Price - $225,000 plus $5,000
relocation and moving expenses.
Effective Date: November 25, 1991
or earlier.
6. Importance of Contract: Several
Abstracts of Judgment, Deeds of
Trust, and Liens must be partially
released in order to provide the
City with a clear title.
Staff recommended an offer to the Hobgoods of
$225,000 plus $5,000 in relocation and moving
expenses.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to authorize Resolution #3761
as recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
2 (3202 64th).
RESOLUTION #3762
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality
located in Lubbock County, Texas, has determined and does hereby
determine that the public needs, safety and welfare demand and create a
public necessity for the acquisition of additional land for municipal
public use and purposes, to -wit: for the widening of Indiana Avenue,
and this City Council of said City finds it in the public interest and
for public purposes and municipal purposes to proceed with the
acquisition of lands as needed for such purposes as aforesaid; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title to the following described
tract of land located in Lubbock County, Texas, be acquired for public
purposes and municipal purposes as set forth in the preamble hereof,
to -wit„
A tract of land out of the Southwest 1/4 of the Southwest
11/4 of Section 7, Block E-2, Lubbock County, Texas, being
further described by metes and bounds as follows:
BEGINNING at a point which is a distance of 660.00 feet
North and a distance of 1122.00 feet Fast of the Southwest
corner of Section 7, Lubbock County, Texas;
THENCE Fast a distance of 198.00 feet;
THENCE North a distance of 330.00 feet;
THENCE West a distance of 198.00 feet;
THENCE South a distance of 330.00 feet to the POINT OF
BEGINNING.
November 21, 1991
Page 845
SECTION 2. THAT the owner of said tract, being JEANNE McFARLAND
MIMMS, a single woman, BE offered through the Right -of -Way Department of
the City of Lubbock the amount of $6,960.75, which is the amount
appraised as the value and total damages for the acquisition of said
real estate hereinabove described for the use and benefit of the City of
Lubbock, Texas, for the purposes herein stated, and unless accepted
forthwith, the City Attorney of said City of Lubbock is hereby
authorized and instructed to institute condemnation (eminent domain)
proceedings to acquire the fee simple title to said land as hereinabove
described for public purposes and municipal purposes.
Passed by the City Council this 21st day of November, 1991.
Is1 B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
Ra ette Bovd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Ed _ Ektcy
Ed Buc;y, night -of -Way Department
APPROVED AS TO FORM:
Isj Harold Willard
Harold Willard, Assistant City
Attorney
This 1.5 acre tract of land is located on 64th
Street just east of Indiana Avenue and west of the
Tennis Center at Leftwich Park. For maintenance
reasons, Realtor Roy Middleton, representing Jeanne
McFarland Mimms, has been negotiating the sale of
this property to the City to use for park expansion
and a stormwater storage area. This 330' by 198'
tract is valued on the tax rolls at $81,675 and lies,
within the 100 year flood zone. Mrs. Mimms bought
this property in 1978 and had planned to build on
it, but because of the requirements of a Cut and
Fill Plan and platting has not built as planned.
Over the years, the property has not been
appropriately maintained and Roy Middleton, an
adjacent neighbor to the tract of land, suggested
that she donate or sell the land to the City.
A year ago, Mr. Middleton approached City Staff with
a letter stating that Mrs. Mimms would accept
$20,000 to $25,000 for the property and a memo was
sent to City departments inquiring about potential
use for the property. Interest was shown, but money
was not available so after further negotiating, Mr.
Middleton advised that for present and back taxes
($6,960.75) and an additional amount of money, the
City could obtain ownership.
A second memo was sent to City departments
explaining the offer of acquisition of this property
for taxes due, with the stipulation that the land be
acquired but not developed at the present. This
information was given to Mr. Middleton, and he
indicated that Mrs. Mimms would accept $10,000.
November 21, 1991
Page 846
Staff counter offer was for taxes due and Mr.
Middleton then countered with a proposal that the
City pay the current and back taxes ($6,960.75),
stating that the adjacent townhouse owners pay the
difference of $3,039.25.
This $6,960.75 is available from "Storm Sewer
Unreserved-Undesignated Funds". (Leftwich park was
purchased with similar storm sewer funds.)
Staff recommended an offer to Mrs. Mimms of
$6,960.75, with Roy Middleton and other townhome
owners making up the difference to total $10,000.
Council requested that before the City pays the
$6,960.75, proof of payment of taxes and receipt of
the $3,039.25 from Mr. Middleton and others who have
committed to help pay this amount be in hand. Ed
Bucy, Right -Of -way Agent, stated that the process
will be handled by a Title Company to ensure
compliance by all parties.
Motion was made by Councilwoman Trejo, seconded by
Mayor Pro Tem Patterson to authorize Resolution
#3762 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
91-50B-846-709
(12.) Consider Resolution -#3763 expressing intent relative
to Sales Tax Election.
RESOLUTION #3763
WHEREAS, the City Council of the City of Lubbock has called an
election for January 18, 1992, wherein the voters of this city will have
an opportunity to approve an increase in the local sales tax of 1/2 cent
per dollar; and
WHEREAS, 3/8 cent of said tax, if approved, will be used for
economic development as provided by Article 5190.6, Section 4A,
V.A.T.S., and 1/8 cent will be allocated to reduce the ad valorem
property tax rate within the city; and
WHEREAS, the City Council deems it appropriate to set forth this
intention as to such property tax reduction; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council is committed, in the event of voter approval
of the sales tax increase at the January 18, 1992 election, to reduce
the ad valorem tax rate within the city by an equivalent amount of
revenue generated by the 1/8 cent increase in the city sales tax and to
further reduce the ad valorem tax rate by an additional three (3) cents,
which three (3) cents is currently being used to fund city economic
development programs, which total tax reduction in the city ad valorem
tax rage shall equal seven (7) cents per $100 valuation.
November 21, 1991
Page 847
BE IT FURTHER RESOLVED BY THE CITY COUNCIL Of THE CITY Of LUBBOCK:
THAT it is the intent of the City Council to maintain the above
tax rate reduction for the fiscal years 1992-93, 1993-94 and 1994-95,
unless one of the conditions listed below occurs.
I. The citizens vote for the issuance of debt that requires an
increase in tax revenues;
2. The city suffers a natural disaster or unforeseen emergency
requiring an increase in city tax revenues; or
.3. An increase in the tax revenue is required to protect the
city credit rating.
PASSED AND APPROVED this 21st day of November, 1991.
Zs/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Bob Cass
Bob Cass, Deputy City Manager
APPROVED AS TO FORM:
s Donald G. Vandiver
Donald G. Vandiver, first Assistant
City Attorney
During the November 14 City Council Work Session
Council discussed this Resolution which states
Council intent to refrain from raising ad valorem
taxes for a three-year period, conditioned upon the
passage of the sales tax issue in January. The
Resolution points out that the Council would reserve
the right to increase ad valorem taxes in the event
the citizens voted favorably on such an increase
(i.e., a bond election), in the event of natural
disaster, or if it is deemed necessary to protect
the City's credit rating.
Motion was made by Councilwoman Baker, seconded by
Mayor Pro Tem Patterson to authorize Resolution
#3763. Motion carried: 7 Yeas; 0 Nays.
91-50B••847-710
(14.) BID #11651--Tennis Courts Renov tions and authorize
same (Parks and Recreation).
November 21, 1991
Page 848
RESOLUTION #3764
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock a
Contract by and between the City of Lubbock and Trans Texas Tennis, Inc.
for Tennis Center court renovations, 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 21st day of November, 1991.
ATTEST:
Is/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Gene Eads
Gene Eads, Purchasing Manager
APPROVE? AS TO FORM:
s Harold Willard
Harold 'Willard, Assistant City
Attorney
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
Is/ B. C. McMinn
B. C. McMINN, MAYOR
THIS AGREEMENT, made and entered into this 21st day of November,
1991 by and between the City of Lubbock, County of Lubbock, State of
Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to
do so, hereinafter referred to as OWNER, and Trans Texas Tennis, Inc. of
the City of Houston, County of Harris, and the State of Texas,
hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the OWNER
and under the conditions expressed in the bond bearing even date
herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence
and complete the construction of certain improvements described as
follows:
BID NO. I1651--Tennis Courts Renovations (Parks and Recreation) in the
amount of $60,619.00
and all extra work in connection therewith, under the terms as stated in
the contract documents and at his (or their) own proper cost and expense
to furnish all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance and other accessories and services
necessary to complete the said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
The! CONTRACTOR hereby agrees to commence work within ten days
after the date written notice to do so shall have been given to him and
to substantially complete same within the time specified in the contract
documents.
November 21, 1991
Page 849
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment on account thereof as provided
therein.
IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in Lubbock, Lubbock County, Texas in the year and day
first above written.
ATTEST: CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Ranette B�d Lsl B. C. McMinn
Secretary Mayor
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
ATTEST:
Secretary
Trans Texas Tennis, Inc.
CONTRACTOR
By:
TITLE:
COMPLETE ADDRESS: Trans Texas Tennis, Inc.
5216 Werner
Houston, Texas 77022
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Trejo to authorize Resolution #3764
as recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
91-50B-849-711
(15.) BID #U600--Professional and General Liability
Insurance for Lubbock International Airport
(Finance).
Broussard, Bush & Hurst of Texas, lnc.--Professional
Public Officials and Employees Liability Insurance -
$5 Million limit, $7,500 deductible annual premium.
Sanford Insurance Agency --General Liability
Insurance - $50 Million limit, $1,000 deductible
annual premium.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Trejo to authorize low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
91-50B-849-712
(16.) BID #11622--Water Treatment Plant improvements-6MG
Clearwell Contract 4, and authorize same (Water
Utilities).
November 21, 1991
Page 850
RESOLUTION #3765
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock a
Contract by and between the City of Lubbock and Advance Tank &
Construction Company for Water Treatment Plant Improvements --Contract 4,
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 21st day of November, 1991.
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Zsl Gene Eads
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
ZsZ Harold Willard
Harold Willard, Assistant City
Attorney
CONTRACT
STATE OF TEXAS
COUNTY 01: LUBBOCK
/s/ B. C. McMinn
B. C. McMINN, MAYOR
THIS AGREEMENT, made and entered into this 21st day of November,
1991 by and between the City of Lubbock, County of Lubbock, State of
Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to
do so, hereinafter referred to as OWNER, and Advance Tank and
Construction Company of the City of Wellington, Colorado, County of
Larmier, and the State of Colorado, hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the OWNER
and under the conditions expressed in the bond bearing even date
herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence
and complete the construction of certain improvements described as
follows:
BID NO. 11622--Water Treatment Plant 6MG Clearwell Contract 4 (Water
Utilities) in the amount of $1,393,559.00
and all extra work in connection therewith, under the terms as stated in
the contract documents and at his (or their) own proper cost and expense
to furnish all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance and other accessories and services
necessary, to complete the said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
November 21, 1991
Page 851
The CONTRACTOR hereby agrees to commence work within ten days
after the date written notice to do so shall have been given to him and
to substantially complete same within the time specified in the contract
documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment on account thereof as provided
therein.
IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in Lubbock, Lubbock County, Texas in the year and day
first above written.
ATTEST: CITY OF LUBBOCK, TEXAS (OWNER)
s Rainette Boyd /s/ B. C. McMinn
Secretary Mayor
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
ATTEST:
Secretary
COMPLETE ADDRESS:
Advance Tank and Construction Co.
CONTRACTOR
By:
TITLE:
Advance Tank & Construction Co.
P.O. Box 219
3700 East County Road 64
Wellington, CO 80549
Motion was made by Mayor
by Councilwoman Trejo to
as recommended by Staff.
Nays.
Pro Tem Patterson, seconded
authorize Resolution #3765
Motion carried: 7 Yeas; 0
91-50B,-851-713
(17.) BID #11606--Annual pricing for lubricants and engine
oil -(Garage parts).
Industrial Lubricants--132 ea. wheel bearing grease,
1 lb. can; 96 qt. motor oil, 2 cycle; 480 qt. motor
oil, 40W HD; 480 qt. motor oil, 30W HD; 6 dr. gear
lubricant, multigrade 85W 140, 120 lb. drums; 240
ea. Universal Tractor hydraulic oil in 5 gl. pails;
96 qt. motor oil, SAE 20W 20; 10,000 qt. Dexron-
Mercon II; 240 qt. automatic transmission fluid,
Type F; 120 qt. gear oil, 85W 140; 12 dr. motor oil,
30W in 55 gl. drums; 6 dr. tractor hydraulic oil in
55 gl. drums; 12 dr. automatic transmission fluid,
Dexron II in 55 gl. drums; 12 dr. chassis
lube/grease, 140W in 120 lb. drums.
Texaco Lubricants--2,000 ea. all purpose tube grease
cartridges.
Western Marketing--70 ea. Antiwear hydraulic oil,
ISO 46 in 55 gl. drums; 96 qt. motor oil, IOW, chain
& bar oil, non detergent; 4,800 qt. motor oil,
multigrade 15W 40; 72 qt. motor oil, 30W, non -
detergent; 360 ea. motor oil, 2 cycle in 8 oz. cans;
200 dr. motor oil, 15W 40HD in 55 gl. drums.
November 21, 1991
Page 852
91-50B-852-714
(13.)
91-50B-852-715
(18.)
91-54B-852-716
(19.)
91-50B-852-717
(24.)
91-50B-852-718
( 7.)
91-54B-852-719
( 8•)
Motion was made by Mayor Pro Tem Patterson,
by Councilwoman Trejo to authorize low bids
specifications. Motion carried: 7 Yeas; 4
Hold an Executive Session to discuss land
acquisition (Transit).
seconded
meeting
Nays.
Southeast Lubbock Development Corporation
Neighborhood Redevelopment Commission/Urban
Renewal
Motion was made by Councilman Phillips, seconded by
Mayor Pro Tem Patterson to reappoint Greg Phea to
the Southeast Lubbock Development Corporation.
Motion carried: 7 Yeas; 4 Nays.
Motion was made by Councilman Phillips, seconded by
Mayor Pro Tem Patterson to reappoint Ron Childress,
Jack Thompson, and Benny Aguilar and appoint Albert
Lincoln to the Neighborhood Redevelopment
Commission/Urban Renewal Board. Motion carried: 7
Yeas; D Nays.
Hold a Public Hearing_for t_he_Comprehensive Housing
Affordability Housing Strategy (CHASl.
Consider Resolution #3766 authorizing the Mayor to
execute the Certifications and all related documents
as required by the Comprehensive Housing
Affordability Strategy (CHAS) for FY 1992-1997.
November 21, 1991
Page 853
RESOLUTION #3766
BE IT RESOLVED BY THE CITY COUNCIL OF THE C1TY 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 the
Certifications for the FY 1992-1997 Comprehensive Housing Affordability
Strategy (CHAS) and related documents, which are 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 21st day of November, 1991.
Is1 B. C. McMinn
B. C. MCMINN, MAYOR
ATTEST:
/s/_Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Sandy Ogletree
Sandy Ogletree, Community Development
Administrator
APPROVED AS TO FORM:
5 Dennis W. McGill
Dennis W. McGill, Trial Attorney
A copy of they Certification is filed with Resolution No. 3766.
Sandy Ogletree, Community Development Administrator,
stated that 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 comment by the public
prior to the submission of the CHAS to the U.S.
Department of Housing and Urban Development on
January 2, 1992.
The CHAS is a comprehensive planning document which
identifies Lubbock's overall needs for affordable
and supportive housing and which outlines a strategy
to address those needs. An approved CHAS is
required before HUD considers applications for 1992
funds for most HUD programs.
Staff initiated the preparation in July by reviewing
early instructions and identifying focus groups to
assist with data collection and strategy
formulation. These groups included City staff,
public and private agencies, community groups,
non-profit organizations and other interested
individuals.
Staff utilized these resources to compose the CHAS,
which will be used to direct future housing and
community development actions.
November 21, 1991
Page 854
Ms. Ogletree stated that this Public Hearing is part
of the submission process and will provide citizens
an opportunity for citizen comment on the draft
CHAS.
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 to area organizations involved in
housing or social services.
A summary of the three main sections of the CHAS
(Needs Assessment, Five -Year Strategy, and One -Year
Plan) follows:
SUMMARY
A. Community Profile and Heeds Assessment
The Community Profile and Needs Assessments has
revealed that affordable housing in Lubbock
continues to be of great importance. While the
estimated family median income in Lubbock is
$33,901, the average wage for the City's work farce
is approximately $18,420 annually. Moreover, about
387o of the work force makes less than the average
wage, and an estimated 15% of the population falls
below the poverty level.
In addition to affordability, the City must also
consider housing availability in view of Lubbock's
recent .5% population increase. The elderly are the
fastest growing renter population with a 35.6%
annual population increase in the last 10 years.
The Hispanic population has outpaced the general
population with a growth rate of 3.5% annually.
Finally, the single -heads -of -households families are
also a housing priority. Single mothers receiving
AFDC comprise 85% of the waiting list for public
housing units, and 80% of families in public housing
are single -parent households. These rates are
projected to continue into at least the next five
years:
B. FIVE-YEAR STRATEGIES
The City's focus will continue t❑ be the
preservation and utilization of existing housing as
well as infill development of affordable housing.
Specific programs will be designed to address the
identified needs ❑f renters and homeowners in low
and very low income categories. The priorities for
assisted housing will follow the Federal preference
guidelines and priority groups for rehabilitation
and substantial rehabilitation assistance will be
elderly and small families including single head of
household families.
In addition, highest priority will be given to
moderate rehabilitation, rental assistance, and
first time homebuyer assistance. New construction
as associated with the affordable housing programs
are also consi-dered a priority program.
November 21, 1991
Page 855
The following strategies were offered to further the
mission of providing and facilitating affordable
housing options for all low income people in our
community:
1. To provide resources to preserve the
existing housing stock for very low
and low income households.
2. To provide adequate rental housing
opportunities to very low income
renters.
3. To provide and promote homeownership
opportunities for low income
homebuyers.
4. To provide transitional, service
enriched housing for homeless
families, or families at -risk of
becoming homeless.
5. To provide accessible service
enriched facility for adolescents
and youth.
5. To provide a service enriched
facility for temporary care of the
elderly and handicapped.
C. ONE-YEAR PLAN
In order to achieve the desired five year results,
the following annual strategies are outlined:
1. To provide assistance in the form of
loans and grants to low and very low
income persons for the repair and
renovation of their homes.
2. To provide additional rental housing
for low and very low income elderly
homeowners.
3. To facilitate the linkages between
private lending sources and
prospective homebuyers.
4. To continue utilization of the
existing housing stock for
homeownership.
5. To increase rental assistance
available to very low income
families.
5. To develop and encourage capacity
building through technical
assistance programs designed to
establish non-profit community based
organizations to assist in meeting
the needs of special needs
population.
November 21, 1991
Page 856
7. To assist in developing longer term
transitional housing and social
services for homeless families.
8. To develop special housing program
for the low and very low income
elderly population.
As part of the submission of the FY 1992
Comprehensive Housing Affordability Strategy (CHAS),
the regulations require that jurisdictions must
certify that they will affirmatively further fair
housing, and that they are in compliance with a
residential anti -displacement and relocation
assistance plan. Staff recommended approval.
Those speaking in favor of this request were:
Abraham Spires
Nancy Haney, Lubbock Homeless Consortium
Those speaking in opposition to this request were:
Cecil Puryear
Ken Phillips
Mayor McMinn closed the hearing at 11:15 a.m.
Motion was made by Councilwoman Baker, seconded by
Councilman Maloy to authorize Resolution #3766.
Motion carried: 7 Yeas; 0 Nays.
There being no further business to come before Council, motion was made
by Mayor Pro Tem Patterson, seconded by Councilwoman Baker to adjourn
the meeting at 11:16 a.m. Motion carried: 7 Yeas; 0 Nays.
4
B. C. McMin Mayor
ATTEST:
4Rae==teft-e=13oyd, City ec tary
Read and approved this the 12th day of December, 1991.
C
. C. McMi ff, Mayor
AT ST:
Ranet Boyd, City Se etary