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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