HomeMy WebLinkAboutMinutes - City Council - Regular - 2/13/1992CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
FEBRUARY 13, 1992
10:00 A.M.
The City Council of the City of Lubbock, Texas met in regular session on
the 13th day of February, 1992 in the City Council Chambers, first
floor, City Hall, 1525 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 ,loan 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 Vaughn Hendrie, Director
of Community Relations.
[ 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 Phillips to approve the Minutes of the
January 23, 1992 Regular City Council meeting as
written. Motion carried: 5 Yeas; 0 Nays.
( 4.)
92-51A-59-52
( 5.)
92-51A-59-53
(11.)
92-51A-59-54
(12.)
Board Appointments
Presentation of Honorary Citizenship Certificates to
international students.
Consider a royal of an Oil and Gas Drilling Permit
for Lif-Lubheirs #14.
No one spoke either for or against this request.
Mayor McMinn closed the public hearing at 10:15 a.m.
According to Staff memo, on January 22, 1992 Staff
received an application for a permit to drill the
above described well in which the City of Lubbock
has an interest to the mineral rights within the
production unit. The storage site is proposed in
conjunction with a tank battery approved by an
existing permit.
February 13, 1992
Page 60
The application is substantially in order. The
production unit contains 40 acres and has a maximum
diagonal of less than 3,000' and Texland proposes
earth sludge pits and no landscaping at the well
site. The blow-out protector has a minimum rating
of 3,000 psi. disposal of waste materials is
proposed at a Railroad Commission approved dump in
Lubbock County. Access to the drill and storage
site is proposed from North Quirt on private
property.
SHORT TERM IMPACTS: A minimum short term impact is
expected since the area is uninhabited and current
use is for agriculture. The well and storage site
are remote from any existing residential
development.
POTENTIAL LONG TERM IMPACTS: The land area
surrounding and including this Lease is designated
Industrial on the 1986 Comprehensive Land Use Plan.
Additional wells are in the immediate area and since
little additional development is projected in the
immediate area, few long term negative impacts are
anticipated. Staff recommended approval subject to
the following conditions:
RECOMMENDED PERMIT CONDITIONS:
1. No hydrocarbon lubricant (waste oil)
shall be used to free -up the hole
during drilling until after the
first series of surface casing has
been set to 300' or greater.
2. The permittee shall require that a
first series of casing be set when
drilling reaches a depth of 300'.
The permittee shall notify the
Lubbock Office of Texas Railroad
Commission for the intended dates
for casing the well.
3. The first, and if used, the second
series of casing shall be in
substantial compliance with
applicable portions of Rule 13 of
the Texas Railroad Commission.
4. The permittee shall meet all other
conditions of Section 14, Article VI
of the Lubbock Code and those
specification indicated within the
application of Texland Petroleum for
Lif-Lubheirs #14.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to approve an Oil and Gas
Drilling Permit to Texland Petroleum for
Lif-Lubheirs #14 with conditions recommended by
Staff. Motion carried: 6 Yeas; 0 Nays.
February 13, 1992
Page 61
92-51A-61-55
( 6.) Max Winn will appear to address the Council.
regarding economic development programs.
Max Winn appeared to address the Mayor and City
Council regarding economic development programs and
suggested the following actions be taken:
1. Discontinue public funding of the
Chambers of Commerce.
2. Termination of personnel and
programs of the BCD.
3. Termination of the Contract with the
Science Spectrum.
4. Reduce City Manager personnel.
5. Hold public hearings on projects
prior to Council discussions in
executive sessions.
92-51A-6:1-56
7.) A representative from SPARTRN will appear to address
City Council regarding economic development
activities.
Mikel Ward, Chairman of SPARTAN, commented as
follows:
1. Holding public hearings in the evenings.
2. Holding public hearings on prison
before TDC hearing.
3. City staying out of business
ventures which now compete with or
in the future might compete with
private businesses.
4. Avoid using outside consultants and
instead rely on local experts.
5. Be more pro -business.
6. Re -direct revenues used for economic
development to target programs and
restrict administrative costs.
7. Allow banks to deal in projects
without City intervention.
S. Give attention to Vo-Tech Training
needs.
9. Retain businesses.
10. Market South Plains area.
11. Rescind Certificates of Obligation
for Omnimax Project and present
project in Bond Election.
February 13, 1992
Page 62
92-51A-62-57
( 8.) ORDINANCE #9500--
upholstery shop and all C-3 uses) ❑n Lots 21, 22 and
west 10' of Lot 23, Block 11, O'Neall Terrace
Addition.
ORDINANCE #9500
All ORDINANCE AMENOING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE
CASE NO. 2679; A ZONING CHANGE FROM C-2 TO C-3 SPECIFIC USE PERMIT FOR
FURNITURE UPHOLSTERY SHOP AND ALL UNCONDITIONALLY PERMITTED C-3 USES ON
LOTS 21, 22, ANO THE WEST 10 FEET OF LOT 23, BLOCK 11, O'NEALL TERRACE
ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONOITIONS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
92-51A-62-58
( 9.)
Motion was made by Mayor Pro Tem Patterson, seconded
by'Councilman Phillips to pass on second and final
reading Ordinance #9500 as recommended by Staff.
Motion carried: 6 Yeas; 0 Nays.
OROINANCE #9501
AN ORDINANCE AMENOING ZONING OROINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2680; A ZONING CHANGE FROM C-3 TO C-4 SPECIFIC USE PERMIT FOR DRIVE -
THROUGH RESTAURANT AND ALL UNCONDITIONALLY PERMITTED C-3 USES ON A 200'
x 200' TRACT BEING THE NORTHEAST CORNER OF TRACT B, CAPROCK ADOITION,
LUBBOCK, TEXAS; PROVIOING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Phillips to pass on second and final
reading Ordinance #9501 as recommended by Staff.
Motion carried: 6 Yeas; 0 Nays.
92-51A-62-59
(10.) ORDINANCE #9499--Abandoning and closing an Overhead
Electrical Transmission Line Easement located in
Section 17, Block E-2 (9810,Memphis Avenue).
ORDINANCE #9499
AN ORDINANCE ABANDONING AND CLOSING AN ELECTRICAL LINE EASEMENT
LOCATED IN SECTION 17, BLOCK E-2, 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 OF LUBBOCK TO
REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Phillips to pass on second and final
reading Ordinance #9499 as recommended by Staff.
Motion carried: 6 Yeas; 0 Nays.
February 13, 1992
Page 63
92-51A-63-60
(13.) Consider Resolution #3801 accepting paving
improvements constructed by Williams and Peters
Construction Company, Inc. in Pheasant Run
Addition, Lots 257-307.
RESOLUTION #3801
RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND
AVENUES AS LISTED BELOW.
WHEREAS, in conformance with the paving requirement provisions of
Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of
Pheasant Run Addition, Lots 257-307 made arrangements with Williams and
Peters Construction Company, Inc. for the construction of paving
improvements on certain streets dedicated in said Ordinance prior to the
recording of the subdivision plat of the abovementioned addition
including the following streets:
74th Street from its intersection with the west lip line of
Homestead Avenue to its intersection with the west end of
.alley return west of Huron Avenue known and designated as
New Subdivision Sub -Unit Number 70 of Unit Number 2034.
75th Street from its intersection with the west lip line of
Homestead Avenue to its intersection with the north end of
cul-de-sac at Huron Avenue known and designated as New
Subdivision Sub -Unit Number 71 of Unit Number 2034.
75th Street from its intersection with the west lip line of
Homestead Avenue to its intersection with the southwest
corner of Lot 253 known and designated as New Subdivision
Sub -Unit Number 72 of Unit Number 2034.
Huron Avenue from its intersection with the south end of
alley return between 73rd and 74th Streets to its
intersection with the north lip line of 74th Street known
and designated as New Subdivision Sub -Unit Number 73 of Unit
Number 2034.
Huron Avenue from its intersection with the south lip line
of 74th Street to its intersection with the north end of
cul-de-sac at 75th Street known and designated as New
Subdivision Sub -Unit Number 74 of Unit Number 2034.
Two alley returns on west side of Homestead Avenue between
74th, 75th, and 76th Streets known and designated as New
Subdivision Sub -Unit Number 75 of Unit Number 2034.
WHEREAS, the construction of the above improvements on the
abovementioned streets was performed under the supervision of the City
Engineer;, and said improvements have been completed and have been
inspected and found to have been constructed in accordance with the
provisions of Chapter 25 of the City of Lubbock Code of Ordinances; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements on said portions of the
above -mentioned streets BE and the same are hereby accepted and the City
Engineer BE and he is hereby authorized to notify the Developer of
acceptance by the Lubbock City Council.
February 13, 1992
Page 64
SECTION 2. THAT this Resolution shall take effect and be in force
from and after its passage.
PASSED AND APPROVED this 13th day of February, 1992.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
LsL_Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
ZsZ Lam D. Hertel
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
s J. Worth Fullingim
J. Worth Fullingim, Assistant City Attorney
A copy ❑f the Consolidated Final Paving Estimate is filed with
Resolution No. 3801.
This is a routine acceptance of paving improvements
consisting of street and alley paving and curb and
gutter on 74th, 75th and 76th Streets and Huron
Avenue. The improvements are required at the time
of platting.
There is no City cost due the contractor upon this
acceptance. Staff recommended approval.
Motion was made by Councilman Phillips, seconded by
Councilman Maloy to authorize Resolution #3801 as
recommended by Staff. Motion carried: 6 Yeas; 0
Nays.
92-51A-64-61
(14.) Consider Resolution_#3802 accepting paving
improvements constructed by Williams and Peters
Construction Company, Inc, in Farrar Park Addition,
Lot 2. -
RESOLUTION #3802
RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREET AND
AVENUES AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions of
Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of
Farrar Park, Lot 2 made arrangements with Williams & Peters Construction
Company, Inc. for the construction of paving improvements on certain
streets dedicated in said subdivision under the provisions of said
Ordinance prior t❑ the recording of the subdivision plat of the
above -mentioned Addition including the following street:
Street stub removal and disposal on West side of Chicago
Avenue between 66th Street and Loop 289, known and
designated as new Subdivision Sub -Unit Number 49 of Unit
Number 2034.
February 13, 1992
Page 65
WHEREAS, the construction of the above improvements on the
abovementioned street was performed under the supervision of the City
Engineer, and said improvements have been completed and have been
inspected and found to have been constructed in accordance with the
provisions of Chapter 25 of the City of Lubbock Code of Ordinances; NOW
THEREFORE:
:1=arAUr1■'l*lXOU194I> M11111L'[4lumulIgo arafflM>[1J:1Y,I+I:4
SECTION 1. THAT the improvements on said portion of the
above -mentioned street BE and the same are hereby accepted and the City
Engineer BE and he is hereby authorized to return prepaid escrow money
to the Developer in the amount of $2,500.00.
SECTION 2. THAT this Resolution shall take effect and be in force
from and after its passage.
Passed by the City Council this 13th day of February, 1992.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
ZsZ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
ZsZ Larry D. Hertel
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
s J. Worth Fullin im
J. Worth Fullingim, Assistant
City Attorney
A copy of the Consolidated Final Paving Cost is filed with Resolution
No. 3802.
This is a routine acceptance of paving improvements
consisting of a street stub removal on the west side
of Chicago Avenue between 66th Street and Loop 289.
The improvements are required at the time of
platting.
There is no City cost due the contractor upon this
acceptance. Staff recommended approval.
Motion was made by Councilman Phillips, seconded by
Councilman Maloy to authorize Resolution #3802 as
recommended by Staff. Motion carried: 6 Yeas; 0
Nays.
February 13, 1992
Page 55
92-51A-55-52
(15.)
RESOLUTION_#3803
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
Partial Paving Release concerning certain paving units which were
deleted from the 1990 Assessment Paving Program, and als❑ to release
certain abutting properties in which case no assessments were needed,
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 ❑f this Resolution as if fully copied herein in detail.
Passed by the City Council this 13th day of February, 1992.
IsI B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ranet.te Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
ZsZ Larry D. Hertel
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
s J. Werth Fullingim
J. Worth Fullingim, Assistant
City Attorney
PARTIAL PAVING RELEASE
STATE OF TEXAS §
COUNTY OF: LUBBOCK §
WHEREAS, by Resolution passed by the City Council on March 8,
1990, determining the necessity for making certain street and alley
improvements as therein designated, which Resolution was filed as a
matter of record to inform the public in Volume 3293, Pages 203-204
(inclusive) of the Official Real Property Records of the County Clerk of
Lubbock County, Texas, reference t❑ which record is made for all
pertinent, purposes; and
WHEREAS, the City Council of the City of Lubbock finds and
determines that the liens and/or clouds against certain properties
created by the filing of such resolution should be released against such
abutting properties as are hereinafter described for the reasons as
hereinafter stated; NOW THEREFORE:
KNOW ALL MEN BY THESE PRESENTS:
THAT Unit No. A-451-07, concerning alley improvements, was deleted
by the City Council in its entirety after the public hearing thereon,
and is hereby released and quitclaimed in its entirety.
February 13, 1992
Page 67
2.
The following described property is hereby released and
quitclaimed under Unit No. 2240-80 because no assessment was made
against such property after the public hearing thereon because existing
and prepaid paving, No. 189, 310, and 405, to -wit:
ADDITION - Park Lorraine
LOT - Tract C-19
ADDITION - Park Lorraine
LOT - Tract C - 50
ADDITION - Park Lorraine
LOT - I through 4
ADDITION - Park Lorraine
LOT - 12
ADDITION - Park Lorraine
LOT - 13
ADDITION _ Park Lorraine
LOT - 214
ADDITION - Park Lorraine
LOT - 215 and the North 5 feet of Lot 26
ADDITION - Park Lorraine
LOT - 36
ADDITION - Park Lorraine
LOT - 37
ADDITICIN - Park Lorraine
LOT - Tract E
ADDITION - Park Lorraine
LOT - Tract A-1
ADDITIO111 - Camelot
LOT - 3
3.
The following described property is hereby released and
quitclaimed under Unit No. 2240-80 because no assessment was made after
the public hearing thereon and because the proposed paving improvements
are below the highwater mark of the lake in which such paving
improvements are located or to be located, to -wit:
BEGINNING at a point which bears South 87°35'27" East 2985.75 feet
and North 51.35 feet from a R.R. spike found at Southwest corner
of Section 44, Block A-K, Lubbock County, Texas.
THENCE North 150.13 feet to a point;
THENCE North 87*36104" West 1349.99 feet to a point;
THENCE South 150.15 feet to a point;
THENCE South 89022'11" East .43 feet to a point;
THENCE South 87°36'04" East 1349.55 feet to the POINT OF
BEGINNING.
February 13, 1992
Page 68
4.
All of the property to which this partial release is applicable as
hereinabove described is located within the corporate limits of the City
of Lubbock, Lubbock County, Texas, and this release is only applicable
to the properties hereinabove specifically described. All interests
and/or liens not specifically herein released are hereby retained by the
City of Lubbock.
EXECUTED this 13th day of February, 1992.
CITY OF LUBBOCK
BY:/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Lamp D. Hertel
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
s J. Worth Fullingim
J. Worth Fullingim, Assistant City
Attorney
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,
known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same as the act
and deed of the CITY OF LUBBOCK and as Mayor, for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 13th day of February,
1992.
/s/ Olivia R. Solis
[Seal] Notary Public in and for
the State of Texas
My Commission Expires:
11/30/93
This is a release of any apparent lien or cloud
against certain properties on 34th Street. The
Intent -To -Pave Resolution filed March 8, 1990 for
this project placed a cloud of title against all
abutting properties. The properties listed on this
Release will not be assessed because they had either
previously provided for paving costs or the property
is below high water elevation of the adjacent playa
lake. Staff recommended approval.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Aderton to authorize Resolution 93803
as recommended by Staff. Motion carried: 6 Yeas; 0
Nays.
February 13, 1992
Page 69
92-51A-69-63
(16.) Consider Ordinance #9502 amending Chapter 8 of the
Code of Ordinances by amending Section 8-4 with
regard to voting precinct boundaries, voting places_,
and voting district.
ORDINANCE #9502
AN ORDINANCE AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES OF THE
CITY OF LUBBOCK, TEXAS, BY AMENDING THE LANGUAGE OF SECTION 8-4 WITH
REGARD TO VOTING PRECINCT BOUNDARIES, VOTING PLACES, AND VOTING
DISTRICTS AS REQUIRED BY STATE LAW; PRDVIDING A MAP OF THE VOTING
PRECINCTS AND DISTRICTS OF THE CITY DF LUBBOCK; PROVIDING THAT ALL
PORTIONS OF CHAPTER 8 NOT AMENDED SHALL REMAIN THE SAME; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE
DATE.
As a result of recent congressional and legislative
redistricting actions and the subsequent action by
the County Commissioners Court, numerous County
voting precinct boundaries have been amended within
the City Limits of Lubbock. The Texas Election Code
mandates that City voting precinct boundaries must
conform to County voting precinct boundaries.
The Texas Election Code also states that all changes
to election district boundaries by a governmental
subdivision, other than a County, shall not be
effective for any election held within five months
after the date of final adoption of those changes.
The City Attorney's Office asked the Secretary of
State what the impact of changing precinct
boundaries would have on the City Council Election
this Spring. The Secretary of State reply was that
the Council should hold Spring elections based on
the old precinct boundaries since five months will
not have elapsed between passage of this ordinance
on second reading and the May 2, 1992 (Election
date).
Three basic reasons for changes made to voting
precincts by the Lubbock County Commissioners Court
were:
1. Failure of the U.S. Census Bureau to
report population by existing
precincts.
2. Congressional and legislative
redistricting.
3. Consolidation of small precincts to
reduce the U.S. Justice Department
submittals.
Since City voting precincts must be in line with
County voting precincts, Staff recommended Council
passage of this Ordinance amending current
precincts. However, based on the comments from the
Secretary of State, Staff recommended that the City
Council election in the Spring be based on existing
precinct boundaries.
Motion was made by Councilwoman Baker, seconded by
Councilman Maloy to pass on first reading Ordinance
#9502 as recommended by Staff. Motion carried:
6 Yeas; 0 Nays.
February 13, 1992
Page 70
92-51A-70-64
(17.) Consider Resolution #3804 authorizing the Right -of -
Way De artment to make an offer to Frankie Martin
RESOLUTION #3804
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality
located in Lubbock County, Texas, has determined and does hereby
determine that the public needs, safety and welfare demand and create a
public necessity for the acquisition of additional land for municipal
public uses and purposes, to -wit: for the widening of Indiana Avenue;
and this City Council of said City finds it in the public interest to
proceed with the acquisition of lands as needed for such public purpose
and municipal purpose 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 imunicipal purposes as set forth in the preamble hereof,
to -wit:
The East 10 feet of Lot Fifteen (15) and all of Lot Sixteen
(16), Block Nineteen (19), Myrtle S1aton Addition Number
Three (3), an Addition to the City of Lubbock, Lubbock
County, Texas, according to the map, plat and/or dedication
deed thereof, recorded in Volume 478, Page 610, Deed
Records, Lubbock County, Texas.
SECTION 2. THAT the owners of said tract, being Frankie Martin
and Wilma Manning, individually and as independent executrices of the
estate of Dale Edwards, deceased, BE offered through the Right -of -Way
Department of the City of Lubbock the amount of $66,000, which is the
amount appraised as the value and total damages for the fee simple title
and acqu'.isition 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 its 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 13th day of February, 1992.
.-sL B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ranet:te Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Ed Busy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
ZsZ Harold Willard
Harold Willard, Assistant
City Attorney
February 13, 1992
Page 71
This residential property is being acquired for the
widening of Indiana Avenue from 34th Street south to
50th Street. This house is located on the northwest
corner of 44th Street and Indiana Avenue (3402 44th)
funding for the purchase is from the Street
Improvement Fund account and 1988 bonds. In June,
1988 the property was offered to the City for
$84,600, and since the passing of the owner the
executrixes of her estate have agreed to accept the
$66,000 Appraisal District value.
Originally, 26 houses and one business part -taking
(Lena Stephens) were to be acquired for this
widening and after the purchase of this house, seven
houses and this business part -taking remain to be
acquired. Staff recommended an offer of $66,000.
Motion was made by Councilwoman Baker, seconded by
Councilman Aderton to authorize Resolution #3804 as
recommended by Staff. Motion carried: 6 Yeas; 0
Nays.
92-51A-71-65
(18.) Consider_ Resolution #3805 authorizing the Right -of -
and Restrictive Easement located in Section 12,
Block 6 and a .20 acre Flood and Restrictive
Easement located in Section 19, Block 6, Garza
County, Texas Lake Alan Henry).
RESOLUTION #3805
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality
located iin Lubbock County, Texas, has determined and does hereby
determine the public needs, safety and welfare demand and create a
public necessity for the acquisition of the easement title to additional
land for municipal public uses and purposes, to -wit: for easement title
to land for flood and restrictive easement purposes, which easement
grants City; (a) the right to intermittently overflow, flood or cover
such land, at any time with flood, slack or backwater created by
construction, maintenance and operation by City of its proposed Lake
Alan Henry Reservoir, also known as the Justiceburg Dam and the
Reservoir and for the storage of water created by the construction of
the Dam; (b) the right to enter upon said land, with due notice and
without loitering, to clear, destroy or dispose of any timber, brush,
obstructiion, accumulation, trash, filth or any other thing which would
in any way interfere with the construction, maintenance and operation of
such dam and reservoir or tend to render the same unsafe or unsanitary
and to prevent the drainage or dumping of refuse, sewage or other
material into such reservoir and to carry out an adequate program of
pollution control; and (c) the right to prevent the construction of, or
the removal, with due notice, of any structure or facility located or to
be located on said land, in connection with the extension of the water
works system of the City of Lubbock, and the City Council of said City
finds it in the public interest and for public purposes and municipal
purposes to proceed with the acquisition of land as needed for such
purposes as aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT easement title for flood and restrictive
easements to the land hereinafter referred to as Flood and Restrictive
Easement "A" and "B" the legal descriptions of each of said tracts being
attached hereto and made a part hereof collectively as "Exhibit A", said
tracts of land being located in Garza County, Texas, be acquired for
public purposes and municipal purposes as set forth in the preamble
hereof.
February 13, 1992
Page 72
SECTION 2. THAT the owner of said tract, being POST INDEPENDENT
SCHOOL DISTRICT, BE offered through the Right -Of -Way Department of the
City of Lubbock the amount of $873.00, which is the amount appraised as
the value and total damages for the easement title to the real estate
hereinabove described for the value and damages therefor to said owner
of $873.00 for such easement title acquisition, 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 easement title to said land as
hereinabove described for public purposes and municipal purposes.
Passed by the City Council this 13th day of February, 1992.
ZsZ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
Zs/ Ranette Boyd
Ranette-_ Boyd, City Secretary
APPROVED AS TO CONTENT:
I s/ Ed Bucv
Ed Bucy, Right -Of -Way Agent
APPROVED AS TO FORM:
ZsZ J. Worth Fullingim
J. Worth Fullingim, Assistant City
Attorney
RESOLUTION
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF POST INDEPENDENT SCHOOL
DISTRICT:
THAT the following hereinafter described property pursuant to
Section 23.30 of the Education Code of the State of Texas is hereby
authorized to be impressed with and conveyed to the City of Lubbock,
Lubbock County, Texas, as a flood and restrictive easement in the form
set forth below this Resolution being passed this Ilth day of February,
1992, to -.wit:
FLOOD AND RESTRICTIVE EASEMENT
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF GARZA §
THAT POST INDEPENDENT SCHOOL DISTRICT, as successor in interest to
Justice Common School District No. 7, hereinafter called GRANTOR, for
and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS and
other good and valuable consideration, has by these presents GRANTED,
BARGAINED, SOLD and CONVEYED, and by these presents does GRANT, BARGAIN,
SELL and CONVEY unto the said City of Lubbock, Texas, its legal
representatives, successors and assigns for the use of the said City of
Lubbock, a restrictive building and flood easement, which easement
grants City (a) the right to intermittently overflow, flood or cover
such landl, at any time with flood, slack or backwater created by
construction, maintenance and operation by City of its proposed John
Montford Dam and the Lake Alan B. Henry Reservoir; (b) the right to
enter upon said land, with due notice and without loitering, to clear,
destroy or dispose of any timber, brush, obstruction, accumulation,
trash, filth or any other thing which would in any way interfere with
the construction, maintenance and operation of such dam and reservoir or
tend to render the same unsafe or unsanitary and to prevent the drainage
February 13, 1992
Page 73
❑r dumping of refuse, sewage or other material into such reservoir and
to carry out an adequate program of pollution control; and (c) the right
to prevent the construction of, or the removal, with due notice, of any
structure or facility located or to be located on said land.
Structures and facilities are defined as waterwells, septic
systems, cesspools, barns, sheds, places of habitation, but shall not
include pens, gates, fences, or cattleguards. All structures
constructed and maintained by the GRANTOR shall be at the Grantor's risk
with regard to flooding by the operation of the City's reservoir.
This restrictive building and flood easement lying and being
situated in the County of Garza, State of Texas, and being more
particularly described as follows:
Two tracts of land referred to as "Flood and Restrictive Easement
A" and "Flood and Restrictive Easement B" legal descriptions
thereof being collectively attached hereto as "Exhibit A" and made
a part hereof.
TO HAVE AND TO HOLD the above described premises, rights, titles,
easements, interests and all appurtenances thereto in anywise belonging,
unto the said Grantee, CITY OF LUBBOCK, TEXAS, its successors and
assigns forever; and GRANTOR does hereby binds itself, its successors
and assigns to WARRANT and FOREVER DEFEND all and singular the said
premises unto the said Grantee, CITY OF LUBBOCK, TEXAS, its successors
and assigns, against every person whomsoever lawfully claiming or to
claim the same or any part thereof, subject, however, to the
reservations and other matters set forth herein.
EXECUTED this 12th day of February, 1992.
POST INDEPENDENT SCHOOL DISTRICT
BY:Isj Prudenci❑ Basquez
Prudencio Basquez
President of its
Board of Trustees
THE STATE OF TEXAS §
COUNTY 017 GARZA §
BEFORE ME, the undersigned authority, ❑n this day personally
appeared the said Dan Hodges, President of the Board of Trustees of Post
Independent School District, 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 said Post
Independent School District.
1992.
[Seal]
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 12th day of February,
/s/ Kay Hays
Notary Public in and for
the State of Texas
A copy of the Field Notes are filed with Resolution No. 3805.
These two Flood and Restrictive Easement areas are
located approximately one mile southeast of
Justiceburg, Texas and will protect the City of
Lubbock if Lake Alan Henry attains flood elevation
due to excess rainfall and backs up onto the Post
I.S.D. property. These tracts total 8.73 acres and
price for this acreage is $100 per acre for a total
recommended offering price of $873.00. Staff
recommended approval.
February 13, 1992
Page 74
92-51A-74-66
(19.)
Motion was made by Councilwoman Baker, seconded by
Councilman Maloy to authorize Resolution #3805 as
recommended by Staff. Motion carried: 6 Yeas; 0
Nays.
Citi.bus.Transfer _Center (819 Broadway).
RESOLUTION #3806
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality
located in Lubbock County, Texas, has determined and does hereby
determine that the public needs and welfare demand and create a public
necessity for the acquisition of additional land for a municipal public
use and purpose, to -wit: for a downtown Lubbock Citibus transfer
center„ and this City Council of said City finds it in the public
interest and a public purpose and a municipal purpose to proceed with
the acquisition of lands as needed for such purpose 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 the
public purpose and the municipal purpose as set forth in the preamble
hereof, to -wit:
Lots 1 and 2, Block 135, Original Town ❑f Lubbock Addition,
Lubbock County, Texas.
SECTION 2. THAT the owner of said tract, being NORMA A.
MONTGOMERY, BE offered through the Right -of -Way Department of the City
of Lubbock the amount of $70,000, which is the amount appraised as the
value and total damages for the fee simple title and acquisition of said
real estate hereinabove described, for the use and benefit of the City
of Lubbock, Texas, for the purpose 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 a public purpose and a municipal purpose.
Passed by the City Council this 13th day ❑f February, 1992.
Is/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ranet,te Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Buy
Ed Bucy, Right -of -Way Department
APPROVED AS TO FORM:
ls1 Harold Willard
Harold Willard, Assistant City
Attorney
February 13, 1992
Page 75
92-51A-7 5-67
(20.)
This Resolution allows the Right -of -Way Department
to make an offer to Norma A. Montgomery for a
commercial tract of land and a two-story building
located at the southeast corner of Broadway and
Avenue H for the proposed Citibus Transfer Center.
Merle Blosser appraised the property at $86,000 and
Tommy Cantrell appraised it at $70,000. Review
Appraiser Don Harris set the value at $70,000 which
is the City's recommended offer to Mrs. Montgomery.
Staff recommended approval.
Motion was made by Councilwoman Baker, seconded by
Mayor Pro Tem Patterson to authorize Resolution
#3806 as recommended by Staff. Motion carried: 6
Yeas; 0 Nays.
RESOLUTION #3807
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality
located -in Lubbock County, Texas, has determined and does hereby
determine: that the public needs and welfare demand and create a public
necessity for the acquisition of additional land for a municipal public
use and purpose, to -wit: for a downtown Lubbock Citibus transfer
center, and this City Council of said City finds it in the public
interest and a public purpose and a municipal purpose to proceed with
the acquisition of lands as needed for such purpose 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 the
public purpose and the municipal purpose as set forth in the preamble
hereof, to -wit:
Lots 3, 4 and 5, Block 135, Original Town of Lubbock
Addition, Lubbock County, Texas.
February 13, 1992
Page 76
SECTION 2. THAT the owner of said tract, being CHARLES L. BUCY,
BE offered through the Right -of -Way Department of the City of Lubbock
the amount of $65,000, which is the amount appraised as the value and
total damages for the fee simple title and acquisition of said real
estate hereinabove described, for the use and benefit of the City of
Lubbock, Texas, for the purpose 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 a public purpose and a municipal purpose.
Passed by the City Council this 13th day of February, 1992.
ATTEST:
ZsL Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Is/ Ed-Bucy
Ed Bucy, Right -of -Way Department
APPROVED AS TO FORM:
Zsl Harold Willard
Harold Willard, Assistant City
Attorney
92-51A-76-68
(21.)
Isj B. C. McMinn
B. C. McMINN, MAYOR
This Resolution authorizes the Right -of -Way
Department to make an offer to Charles Bucy for a
commercial tract of land, building and a parking lot
located along Broadway, just east of Avenue H for
the proposed Citibus Transfer Center. This property
was first appraised by Merle Blosser for $66,000 and
by Tommy Cantrell for $65,000. Don Harris reviewed
the two appraisals and appraised the property at
$65,000. The City's recommended offer to Mr. Bucy
is $65,000.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to authorize Resolution #3809
as recommended by Staff. Motion carried: 6 Yeas; 0
Nays.
Consider Resolution #3808 authorizing the Right -of -
Way Department to make an offer to Louise Stewart,
Elva .Lee Townsend, and Joan Sherman for Lots 16, 17,
RESOLUTION #3808
WHEREAS, the City of Lubbock, Texas, a Home Rine Municipality
located in Lubbock County, Texas, has determined and does hereby
determine! that the public needs and welfare demand and create a public
necessity, for the acquisition of additional land for a municipal public
use and purpose, to -wit: for a downtown Lubbock Citibus transfer
center, and this City Council of said City finds it in the public
interest and a public purpose and a municipal purpose to proceed with
the acquisition of lands as needed for such purpose as aforesaid; NOW
THEREFORE:
February 13, 1992
Page 77
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 the
public purpose and the municipal purpose as set forth in the preamble
hereof, to -wit:
Lots 16, 17, 18, 19 and 20, Block 135, Original Town of
Lubbock Addition, Lubbock County, Texas.
SECTION 2. THAT the owners of said tract, being LOUISE STEWART,
ELVA LEE TOWNSEND and LOAN SHERMAN, BE offered through the Right -of -Way
Department of the City of Lubbock the amount of $122,000, which is the
amount appraised as the value and total damages for the fee simple title
and acquisition of said real estate hereinabove described, for the use
and benefit of the City of Lubbock, Texas, for the purpose 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 a public purpose and a municipal
purpose.
Passed by the City Council this 13th day of February, 1992.
js/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
ZsZ Ranet.te Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
5 Ed BLICY
Ed Bucy, Right -of -Way Department
APPROVED AS TO FORM:
ZsZ Harold Willard
Harold Willard, Assistant City
Attorney
This property consists of a commercial building with
two tenants and a parking lot located at the
Southwest corner of Broadway and Avenue G and is
also needed for the transfer center. Merle Blosser
appraised it at $122,000 and Tommy Cantrell
appraised it at $130,000. Don Harris review the
appraisals and set it at $122,000 which is the
City's recommended offer to Mrs. Stewart, Mrs.
Townsend, and Mrs. Sherman.
Motion was made by Councilwoman Baker, seconded by
Mayor Pro Tem Patterson to authorize Resolution
#3808 as recommended by Staff. Motion carried: 6
Yeas; 0 Nays.
February 13, 1992
Page 78
92-51A-78-69
(22.) Consider Resolution #3809 authorizing the Right —
of -Way Department to make an offer to Frances Juanita
Smith and Bob H. Smith for Lots 9 and 10, Block 135,
Original Town of Lubbock Addition, for a Downtown
Lubbock Citibus Transfer Center (1219 Ave. H).
RESOLUTION #3809
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality
located in Lubbock County, Texas, has determined and does hereby
determine that the public needs and welfare demand and create a public
necessity for the acquisition of additional land for a municipal public
use and purpose, to -wit: for a downtown Lubbock Citibus transfer
center, and this City Council of said City finds it in the public
interest and a public purpose and a municipal purpose to proceed with
the acquisition of lands as needed for such purpose 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 the
public purpose and the municipal purpose as set forth in the preamble
hereof, to -wit:
Lots 9 and 10, Block 135, Original Town of Lubbock Addition,
Lubbock County, Texas.
SECTIONI 2. THAT the owners of said tract, being FRANCES JUANITA
SMITH and BOB H. SMITH, BE offered through the Right -of -Way Department
of the City of Lubbock the amount of $50,000, which is the amount
appraised as the value and total damages for the fee simple title and
acquisition of said real estate hereinabove described, for the use and
benefit of the City of Lubbock, Texas, for the purpose 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 a public purpose and a municipal purpose.
Passed by the City Council this 13th day of February, 1992.
/s/ 8. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ra et:te Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Ed Bum
Ed Bucy, Right -of -Way Department
APPROVED AS TO FORM:
Is1 Harold Willard
Harold Willard, Assistant City
Attorney
February 13, 1992
Page 79
92-5IA-79-70
(23.)
This commercial property is located at the northeast
corner of 13th Street and Ave. H and was appraised
by Merle Blosser for $48,000 and by Tommy Cantrell
for $60,000. Don Harris reviewed both appraisals
and set a value of $50,000 which is the City's
recommended offer to Mrs. Smith and Mr. Smith.
Motion was made by Mayor
by Councilwoman Baker to
as recommended by Staff.
Nays.
Pro Tem Patterson, seconded
authorize Resolution #3809
Motion carried: 6 Yeas; 0
Consider Resolution #3810 authorizing the Right-of-
RESOLUTION #3810
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality
located in Lubbock County, Texas, has determined and does hereby
determine that the public needs and welfare demand and create a public
necessity for the acquisition of additional land for a municipal public
use and purpose, to -wit: for a downtown Lubbock Citibus transfer
center, and this City Council of said City finds it in the public
interest and a public purpose and a municipal purpose to proceed with
the acquisition of lands as needed for such purpose 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 the
public purpose and the municipal purpose as set forth in the preamble
hereof, to -wit:
Lots 6, 7, 8, 11, 12, 13, 14 and 15, Block 135, Original
Town of Lubbock Addition, Lubbock County, Texas.
February 13, 1992
Page 80
SECTION 2. THAT the owner of said tract, being the COUNTY OF
LUBBOCK, BE offered through the Right -of -Way Department of the City of
Lubbock the amount of $150,000, which is the amount appraised as the
value and total damages for the fee simple title and acquisition of said
real estate hereinabove described, for the use and benefit of the City
of Lubbock, Texas, for the purpose herein stated.
Passed by the City Council this 13th day of February, 1992.
/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 Department
APPROVED AS TO FORM:
s Harold Willard
Harold Willard, Assistant City
Attorney
These County properties consist of eight vacant lots
which are used for parking. Three of the lots face
Avenue H and five of the lots face Avenue G. Merle
Blosser appraised the eight lots at $134,000 and
Tommy Cantrell appraised them at $175,500. Don
Harris set the value at $150,000 which is the City's
recommended offer to the County. (Other
considerations were outlined in a letter from Mayor
McMinn to the County, dated February 3, 1992.)
On February 3, 1992, Mayor McMinn sent a letter to
the County, agreeing to two options for acquiring
these parcels. The option to acquire the parcels
only agrees to $200,000 and unless UMTA agrees to
pay more than $150,000, the City will must provide
up to $50,000 from Contingency Funds. Approval of
this Resolution will include authorization of any
additional needed funds.
Motion was made by Councilwoman Baker, seconded by
Mayor Pro Tem Patterson to authorize Resolution
03810 as recommended by Staff. Motion carried: 6
Yeas; 0 Nays.
February 13, 1992
Page 81
92-51A-81-71
(24.) Consider Resolution #3811 authorizing the Mayor to
sign a Street Monitor Well Permit with Texaco for
use of the City street parkway (5301 llth Street)_.
RESOLUTION #3811
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
Street/Alley And/Or City Public Grounds Monitor Well Permit by and
between the City of Lubbock and Texaco Refining & Marketing, Inc., 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 13th day of February, 1992.
Zsj B. C. McMinn
B. C. MCMINN, MAYOR
ATTEST:
IsJ Ranet a Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Ed Buhr
Ed Bucy, Right -Of -Way Agent
APPROVED AS TO FORM:
ZsZ J. Worth_1=u1_lingim
J. Worth Fullingim, Assistant
City Attorney
STREET/ALLEY AND/OR CITY
PUBLIC GROUNDS MONITOR WELL PERMIT
THE STATE: OF TEXAS §
COUNTY OE: LUBBOCK §
This indenture made this 13th day of February, 1992, being the
date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule
Municipal Corporation, and TEXACO REFINING & MARKETING, INC.,
hereinafter called "PERMITTEE."
WITNESSETH:
Subject to the terms, conditions, and provisions herein, the CITY
OF LUBBOCK does hereby grant to the PERMITTEE, the right, privilege and
license to use portions of dedicated streets and/or alleys and/or City
public grounds for groundwater monitoring wells, to -wit:
February 13, 1992
Page 82
BEGINNING at a point Eighteen (18) feet West and Six (6)
North of the Northeast corner of Lot 424, Alford Terrace
t❑ the City ❑f Lubbock, Lubbock County, Texas; Northeast
being defined as the point of intersection of the North
line as extended Eastward and the East property line as
Northward;
THENCE East Two (2) feet;
THENCE South Three (3) feet;
THENCE West Three (3) feet;
THENCE North Three (3) feet;
THENCE East One (1) foot to the POINT OF BEGINNING.
feet
Addition
corner
property
extended
Texas Water Commission leaking petroleum storage tank, L.P.S.T. Site
No. 91944 .
The term of this grant shall be for five (5) years from date
hereof, and shall be automatically extended for successive five (5) year
terms not to exceed twenty (20) years. In any event unless either party
shall give written notice of termination to the other party before the
expiration of the original or any subsequent five (5) year term, as the
case may be, and the CITY OF LUBBOCK retains the right at its election
to cancel and revoke this permit with or without cause upon thirty (30)
days prior written notice to the PERMITTEE. Said notice shall be deemed
properly served if deposited in the post office, postage paid, addressed
to PERMITTEE at the last known address of PERMITTEE. Application fee
for this permiit is ONE HUNDRED FIFTY AND NO/100 DOLLARS ($150.00) and is
non-refundable.
Upon expiration or cancellation and revocation of this permit by
the CITY OF LUBBOCK or the abandonment of the permit by the PERMITTEE,
the improvements that are permitted under this permit shall be removed
by the PERMITTEE and the property shall be restored to its original
condition at no cost or expense to the CITY OF LUBBOCK. In the event
PERMITTEE fails or refuses to remove such improvements after demand by
the CITY OF LUBBOCK, the CITY OF LUBBOCK shall take possession and
remove or cause to be removed such improvements, and the expense
incurred shall be assessed against PERMITTEE for which PERMITTEE shall
be liable.
PERMITTEE shall pay to the CITY OF LUBBOCK as compensation for
such grant the sum of FIVE HUNDRED AND NO/100 DOLLARS ($500.00) cash in
advance contemporaneously with the acceptance and execution hereof by
PERMITTEE for the first five (5) year non-refundable term of this
permit, and thereafter such rate of compensation may be changed for each
succeeding five (5) year term by the CITY OF LUBBOCK to a rate of
compensation which is based on procedures and policies as established by
the City Council of the CITY OF LUBBOCK. If such rate is not changed by
the CITY OF LUBBOCK, the rate for the preceding five (5) year term shall
apply. The CITY OF LUBBOCK shall notify the PERMITTEE of any change in
rates in writing before the start of the five (5) year term to which
such change in rate shall apply, and if such notification is not made,
then the rate for the preceding five (5) year term shall apply. This
first five (5) year FIVE HUNDRED AND NO/100 DOLLARS ($500.00) fee shall
be tendered in the form of a certified or cashier's check prior to the
placing of the request for this permit on the City Council Agenda. This
five (5) year fee is only refundable if this permit request is turned
down by the City Council.
February 13, 1992
Page 83
2. The PERMITTEE agrees to pay all costs arising out of the
exercise of this permit herein granted, including but not limited to the
replacement and repairing of paving, sidewalks and utilities of any
nature occasioned by the construction as authorized by this permit.
PERMITTEE must utilize all necessary construction barricades, warning
signs, and traffic control devices, in accordance with the Texas Manual
an Uniform Traffic Control Devices (T.M.U.T.C.D.), when drilling the
monitor well, inspecting the monitor well or testing of water samples
and removal of the monitor well. R11 drilling fluids and cuttings are
to be emptied at Texas Water Commission approved sites and not be
emptied onto City streets, alleys, or City owned property.
3. In the event the CITY OF LUBBOCK determines that the
existence of such use interferes with or causes the rerouting or
realignment of any public utility, franchised utility or sanitary or
storm sewer line constructed or to be constructed by the CITY OF LUBBOCK
or franchised utility, the PERMITTEE agrees to reimburse the CITY OF
LUBBOCK or such utility, as the case may be, for its expense in
relocating or rerouting over and above the expense which would have been
incurred except for PERMITTEE'S use herein. R11 work is to be done in
compliance with local, State and Federal laws and regulations.
4. This permit is not transferable by the PERMITTEE without
first receiving the written consent of the City Manager of the CITY OF
LUBBOCK.
5. This permit is made subject to the condition that should the
PERMITTEE exercise any right under the permit herein granted and prepare
❑r begin or complete any part of the construction as herein contemplated
across any or all of the above described property, then and in that
event said PERMITTEE, its successors and assigns will at all times
defend, indemnify and otherwise hold the CITY OF LUBBOCK, its agents,
servants and employees harmless from any and all claims, demands,
actions, causes of action, suits at law or in equity of whatsoever kind
or nature which may grow out of or be related to the making of this
permit or the construction or maintenance and use permitted herein.
Permittee is responsible and liable for any and all contamination done
to the water table if such occurs during the drilling, monitoring or
filling of the well. The CITY OF LUBBOCK, at its option, may require an
agreement with any contractors hired by the PERMITTEE to perform the
construction, repair or maintenance permitted herein, which agreement
will indemnify the CITY OF LUBBOCK from and against all claims,
liability, cost and expense growing out of the performance of the work
to be done by such contractors. The CITY OF LUBBOCK may further require
any of said contractors, when engaged in the construction, repair or
maintenance permitted herein, to furnish, without expense to the CITY OF
LUBBOCK, a reliable surety bond, in any amount and in a form
satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful
performance of all the terms, covenants and conditions in said
agreement, and a certified copy of a policy of public liability
insurance assumed by said contractors in said agreement with the CITY OF
LUBBOCK. The CITY OF LUBBOCK agrees to give notice to the PERMITTEE
prior to incurring any costs or expenses or the payment of any such
claims or demands in order to give the PERMITTEE a reasonable
opportunity to settle or adjust the same.
5. If the street or alley area is ever widened and the well is
found to be located in the portion to be widened and must be relocated,
Permittee must fill the old well and drill a new well at Permittee's
sole expense. This new well, if required by the Texas Water Commission,
could be located on City awned property and Permittee will be
responsible for additional licensing costs.
February 13, 1992
Page 84
7. After completion, the well shall be permanently filled and
capped to the requirements of the City, the Underground Water
Conservation District, the Texas Water Commission or other applicable
specifications. In general, the finished surface shall be left in a
condition at least as good as that which existed prior to the drilling
operations.
8. PERMITTEE agrees and is required to furnish a policy of
public liability and property damage insurance within limits as follows:
Comprehensive General Liability Insurance
Amounts - Bodily Injury $500,000 each occurrence
Property Damage $100,000 each occurrence
$100,000 for aggregate
OR
Commercial General Liability Insurance
Amount $600,000 combined single
limit each occurrence and
in the aggregate
Solely at Permittee's expense, Permittee shall d❑ one of the
following things:
(1) Permittee may furnish a separate insurance policy showing
the City of Lubbock as named insured; or
(2) Permittee may furnish an insurance certificate showing the
City of Lubbock as an additional named insured by
endorsement on Permittee's insurance policy.
9. All of the covenants and provisions of this permit shall be
binding upon and inure to the benefit of the successors, legal
representatives, assigns and the duly authorized agents and contractors
of the parties hereto to the same extent and effect as the same are
binding upon and inure to the benefit of the parties hereto, but no
assignment hereof by the PERMITTEE, its successors and assigns, shall be
binding upon the CITY OF LUBBOCK without the consent of the CITY OF
LUBBOCK in each instance, except as specified in numbered paragraph four
(4).
10. PERMITTEE, by its acceptance of the uses permitted herein,
understands and agrees that no interest, title or rights of possession
are intended or implied except those expressly set forth herein, and
PERMITTEE waives any and all claims in and to the public way PERMITTEE
is permitted to use hereby and agrees to give peaceful possession of
said property covered herein upon termination or cancellation of this
permit.
February 13, 1992
Page 85
Written notices required hereunder shall be mailed to the City of
Lubbock, addressed to the City Manager, P. 0. Box 2000, Lubbock, Texas
79457. Written notices required hereunder should be mailed to the
PERMITTEE, Texaco Refining & Marketing, Inc., P.O. Box 1650 - 14 TOD,
Tulsa, Oklahoma 74102.
CITY OF LUBBOCK
BY:/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED:
Is1 Ed Bucy
Ed Bucy, Right -Of -Way Agent
IsZ Larr F Hertel
Larry Hertel, City Engineer
ZsZ J. Worth_Fullingim
J. Worth Fullingim, Assistant
City Attorney
AGREED TO AND ACCEPTED this 13th day of February, 1992.
PERMITTEE:
ADDRESS:
BY:
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,
known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same as the act
and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 13th day of February,
1992.
/s/ Olivia R._Solis
[Seal] Notary Public in and for
the State of Texas
Olivia R. Solis
Printed or Typed Name
of Notary
February 13, 1992
Page 86
THE STATE OF TEXAS
COUNTY OF
BEFORE ME, the undersigned authority, a Notary Public in and for
said County, Texas, on this day personally appeared
, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to
me that he/she executed the same for the purposes and consideration
therein stated as the act and deed of aforesaid PERMITTEE.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
19
[Seal] Notary Public in and for
the State of Texas
Printed or Typed Name
❑f Notary
This permit is in conjunction with a recent
Resolution by the Council allowing issuance of
groundwater monitor well permits. The Texaco
station at the northwest corner of 11th and Slide
Road had its fuel tanks removed a few years ago and
a groundwater contamination problem was found. The
Texas Water Commission has recently required them to
go off -site with a monitor well. Texaco, through
their representative Groundwater Technology, Inc. of
Arlington, Texas, was refused permission from the
owner of Redbud Shopping Center t❑ drill this well
on their property. This shopping center is a
foreclosed property owned by the Resolution Trust
Corporation.
Texaco has asked permission to utilize the south
right-of-way of lath Street just west of Slide Road
to install this monitor well and will be charged
$100 per year, the first five years payable in
advance. The term of this permit will be for a
maximum of 20 years.
All utilities are in agreement and the $150
application fee has been paid. This permit is
recommended for approval.
Motion was made by Councilman Aderton, seconded by
Councilman Phillips to authorize Resolution #3811 as
recommended by Staff. Motion carried: 6 Yeas; 0
Nays.
February 13, 1992
Page 87
92-51A-87-72
(25.)
Dowerline in the Phyllis Wheatley Subdivision (2400
East 37th Street).
RESOLUTION #3812
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock an
instrument entitled "Easement and Right -Of -Way" for an electrical power
line in favor of Southwestern Public Service Company located in part of
Phyllis Wheatley Subdivision to the City of Lubbock, Lubbock County,
Texas, 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 13th day of February, 1992.
s B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ranet:te Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Ed BLICV
Ed Bucy, Righit-Of-Way Agent
APPROVED AS TO FORM:
s J. Worth Fullingim
J. Worth Fullingim, Assistant City
Attorney
EASEMENT AND RIGHT-OF-WAY
STATE OF TEXAS §
COUNTY Of= LUBBOCK §
WHEREAS, the City of Lubbock, a home rule city located in Lubbock
County, Texas, (herein called "City") needs to expand its sewerage
treatment: plant over upon a portion of area of land upon which the City
previously granted an Easement and Right of Way across property owned by
the City unto Southwestern Public Service Company, a New Mexico
Corporation with its principal office in Amarillo, Texas, (herein called
"SPS") for an electric power line owned and operated by SPS, said
Easement instrument being recorded in Volume 636, Page 363 of the Deed
Records of Lubbock County, Texas, reference to which record is made for
all pertinent purposes; and,
WHEREAS, the enlargement of the sewerage treatment plant over upon
a portion of the aforesaid easement necessitates the relocation of some
of the existing SPS electrical power line located in said easement to
another Vocation; and,
WHEREAS, the public street to the immediate south of Phyllis
Wheatley Subdivision to the City of Lubbock, Lubbock County, Texas, is
too narrow for feasible relocation of said portion of SPS electrical
power line to such narrow public street where a City electrical power
line already exists in such narrow public street; and
February 13, 1992
Page 88
WHEREAS, because of the conditions next -above described it is
necessary to delineate a new area immediately to the north of said
street where SPS can relocate its poles as a franchised utility pursuant
to Franchise Ordinance No. 8341 amended by Ordinance 9329 granted by
City to SPS subject to the terms of such franchise to be located in a
new Easement and Right -of -Way as hereinafter set forth; NOW THEREFORE:
KNOW ALL MEN B; THESE PRESENTS:
As part of the consideration for the relocation by SPS of a
portion of its existing electrical power line as requested by the City
to a new easement from the existing easement as aforesaid, such new
easement as hereinafter granted being a new delineated area subject to
the terms of the said Franchise because the narrow street to the South
cannot feasibly accommodate another power line (as hereinabove set
forth); for such consideration the City of Lubbock has this date
granted, sold, and conveyed unto SPS, its successors and assigns, an
easement and right-of-way for an electrical power line for so long as
such easement and right- of -way is used by SPS for such purposes
pursuant to its said Franchise from City upon and across land owned by
the City and described as follows:
The South 20 feet of Lots 11 and 12, Block 15, and the South 20
feet of Lots 11 and 12, Block 15, Phyllis Wheatley Subdivision an
addition to the City of Lubbock, Lubbock County, Texas.
II.
"rhe electric power line will consist of a variable number of
conductors or wires, insulators, crossarms, and all other necessary and
desirable power line devices, attached to, supported from, and a part of
the necessary structures consisting of a variable number of wood, steel,
or other metal members of poles, props, guys, and anchors.
SPS, by the acceptance of this easement, agrees that it will
indemnify and hold harmless the City against any and all damages, damage
suits, or, claims which may be made against the City and which arise from,
the operation, maintenance, and construction of the electric power line
upon the herein granted easement.
IV.
SPS has the right to remove all trees, branches, or other
obstructions which might endanger or interfere with the operation,
safety, or efficiency of Utility Facilities on the Property on which the
Easement is located.
V.
SPS will install and maintain Utility Facilities on the Property
on which the Easement is located according to the National Electric
Safety Coide in effect at the time of installation.
February 13, 1992
Page 89
VI.
City will have the right to use the Property for any purposes
consistent with the rights granted to SPS by the Easement, if City's use
does not endanger or interfere with SPS's use of the Easement.
79170.
VII.
The address of Grantee (SPS) is P. 0. Box 1261, Amarillo, Texas
EXECUTED this 13th day of February, 1992.
CITY OF LUBBOCK
By:/s/ S. B. C. McMinn
B. C. MCMINN, MAYOR
ATTEST.:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucv
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
Zsl J.-Worth Fullingim
J. Worth Fullingim
Assistant City Attorney
STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, personally appeared B. C.
McMINN, P9ayor of the City of Lubbock, and acknowledged to me that he
executed the above and foregoing instrument for the consideration
therein expressed and in the capacity therein stated as the act and deed
of the City oaf Lubbock this 13th day of February, 1992.
/s/ Olivia R. Solis
Notary Public in and for
the State of Texas
This Resolution authorizes the Mayor to execute an
Easement and right-of-way instrument with
Southwestern Public Service Company to cross the
south 20' of Lots 11 and 12, Block 15, and the south
20' of Lots 11 and 12, Block 16, Phyllis Wheatley
Subdivision. Due to the expansion of the Sewage
Treatment Plant, it is necessary that the existing
Southwestern Public Service line be relocated and
new Easements granted.
Staff recommended approval of this Easement
Agreement.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to authorize Resolution #3812
as recommended by Staff. Motion carried: 6 Yeas; 0
Nays.
February 13, 1992
Page 90
92-51A-90-73
(25.) Consider Resolution 93813 authorizing the Mayor to
execute__a 10" Water Pipeline Crossing License with
the. Atchison, Topeka, and Santa Fe Railway Company
14000 Clovis Road).
RESOLUTION 93813
8E 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 as Permittee therein a License for a 10-inch
water pipeline across railway property by and between the City of
Lubbock and Atchison, Topeka and Santa Fe Railway Company for ❑ne
pipeline facility t❑ be constructed, owned, operated and maintained by
said City of Lubbock across said Railroad's right-of-way at mile post 85
+ 4224.6, Lubbock Subdivision, 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 13th day of February, 1992.
Is1 B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ranet.te Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Is/ Ed Bucy
Ed 8uc,y, Right-of-way Agent
APPROVED AS TO FORM:
s Harold Willard
Harold Willard, Assistant City Attorney
PIPE LINE LICENSE
THIS LICENSE, Made this 30th day ❑f January, 1992, between THE
ATCHISON„ TOPEKA AND SANTA FE RAILWAY COMPANY, Delaware corporation
(hereinafter called "Licensor"), party of the first part, and CITY OF
LUBBOCK, a municipal corporation of the State of Texas (hereinafter,
whether one or more, tailed "Licensee"), party ❑f the second part.
WITNESSETH, That the parties hereto for the consideration
hereinafter expressed covenant and agree as follows:
1. Subject to the terms and conditions hereinafter set forth,
Licensor licenses Licensee to construct and maintain one (1) pipe line,
eleven inches (11") in diameter (hereinafter, whether one or more pipe
lines, called the "PIPE LINE"), across or along the right-of-way ❑f
Licensor at ❑r near the station of Lubbock, Lubbock County, Texas, the
exact location of the PIPE LINE being more particulary shown by bold
line upon the print hereto attached, No. 1-01667, dated January 17,
1992, marked "Exhibit A" and made a part hereof.
February 13, 1992
Page 91
2. Licensee shall use the PIPE LINE solely for carrying water and
shall not use it to carry any other commodity or for any other purpose
whatsoever.
(a) Licensee covenants that it will not handle ❑r transport
through the PIPE LINE on Licensor's property "hazardous waste" or
"hazardous substances", as "hazardous waste" and "hazardous substances"
may now or in the future be defined by any federal, state, or local
governmental agency ❑r body. In the event the Pipe Line is now ❑r in the
future used in handling, or transporting of "hazardous waste" or
"hazardous substances", Licensee agrees fully to comply with all
applicable federal, state, and local laws, rules, regulations, orders,
decisions and ordinances (hereinafter referred t❑ as "Standards")
concerning "hazardous waste" and "hazardous substances". Licensee
further agrees periodically to furnish Licensor with proof, satisfactory
of Licensor, that Licensee is in such compliance. Should Licensee not
comply fully with the above -stated obligations of this Section,
notwithstanding anything contained in any other provision hereof,
Licensor may, at its option, terminate this License by serving five (5)
days' notice of termination upon Licensee; but any waiver by Licensor ❑f
any breach of Licensee's obligations shall not constitute a waiver of
the right to terminate this License for any subsequent breach which may
occur, or to enforce any other provision ❑f this License. upon
termination, Licensee shall remove the PIPE LINE and restore Licensor's
property as herein elsewhere provided.
(Ib) Notwithstanding anything contained in the liability
section hereof, in case of a breach of the obligations contained in this
Section, or any of them, regardless ❑f the negligence ❑r alleged
negligence of Licensor, Licensee agrees to assume liability for and t❑
save and hold harmless Licensor from and against all injuries to any
person and damage to property, including without limitation, employees
and peopirty ❑f Licensor and Licensee and all related expenses, including
without limitation attorneys' fees, investigators' fees and litigation
expenses, resulting in whole or in part from Licensee's failure to
comply with any Standard issued by any governmental authority concerning
"hazardous substances" and/or "hazardous waste". Licensee, at its cost,
shall assure the defense of all claims, suits ❑r actions brought for
damages, and fines or penalties hereunder, regardless of whether they
are asserted against Licensor or Licensee. Licensee als❑ agrees t❑
reimburse Licensor for all costs ❑f any kind incurred as a result of the,
Licensee's failure to comply with this Section, including, but not
limited to, fines, penalties, clean-up and disposal costs, and legal
costs incurred as a result ❑f Licensee's handling, transporting, or
disposing of "hazardous waste" or "hazardous substances" on the property
of Licensor.
(c) It is understood and agreed that a Licensee wh❑ does not
now, ❑r -in the future, generate, handle, transport, treat, store or
dispose of on Licensor's property "hazardous waste" or "hazardous
substances" within the meaning of the Section, is not subject t❑ the
provisions of Section 2(b) hereof.
3. Licensee shall pay Licensor as compensation for this license
the sum of Seven Hundred Fifty and No/100 Dollars ($150.00).
4. Licensee shall, at its own cost and subject to the supervision
and control of Licensor's chief engineer, locate, construct and maintain
the PIPE LINE in such a manner and of such material that it will not at
any time be a source ❑f danger t❑ ❑r interference with the present or
future tracks, roadbed and property ❑f Licensor, ❑r the safe ❑peration
of its railroad. In cases where the Licensee is permitted under
paragraph 2 hereof t❑ use the PIPE LINE for ❑il, gas, petroleum
products, or other flammable or highly volatile substances under
pressure, the PIPE LINE shall be constructed, installed and thereafter
maintained in conformity with the plans and specifications shown on
print hereto attached in such cases, marked Exhibit B and made a part
hereof. If at any time Licensee shall, in the judgment of Licensor, fail
to perform properly its ❑bligations under this paragraph, Licensor may,
at its option, itself perform such work as it deems necessary for the
February 13, 1992
Page 92
safe operation of its railroad, and in such event Licensee agrees to
pay, within fifteen (15) days after bill shall have been rendered
therefor, the cost so incurred by Licensor, but failure on the part of
Licensor to perform the obligations of Licensee shall not release
Licensee from liability hereunder for loss or damage occasioned thereby.
5. Licensee shall reimburse Licensor for any expense incurred by
Licensor for false work to support Licensor's tracks and for flagman to
protect to traffic during installation of the PIPE LINE and for any and
all other expense incurred by Licensor on account of the PIPE LINE.
b. Licensee shall at all times indemnify and save harmless
Licensor against and pay in full all loss, damage, or expense that
Licensor may sustain, incur or become liable for, resulting in any
manner from the construction, maintenance, use, state of repair, or
presence of the PIPE LINE, including any such loss, damage or expense
arising out of (a) loss of or damage to property, (b) injury to or death
of persons, (c) mechanics' or other liens of any character, or (d) taxes
or assessment of any kind. It is the intention of the parties that
Licensor's right to indemnity hereunder shall be valid and enforceable
against licensee regardless of negligence (whether active, passive,
derivative, joint, concurring or comparative) on the part of Licensor,
its officers, agents and employees.
7. If at any time Licensee shall fail or refuse to comply with or
carry out; any of the covenants herein contained Licensor may at its
election forthwith revoke this license.
13, This license is given by Licensor and accepted by Licensee upon
the express condition that the same may be terminated at any time by
either party upon ten (10) days' notice in writing to be served upon the
other party, stating therein the date that such termination shall take
place, and that upon the termination of this license in this or any
other manner herein provided, Licensee, upon demand of Licensor, shall
abandon the use of the PIPE LINE and remove the same and restore the
right-of-way and tracks of Licensor to the same condition in which they
were prior to the placing of the PIPE LINE thereunder. In case Licensee
shall fail to restore Licensor's premises as aforesaid within ten (10)
days after the effective date of termination, Licensor may proceed with
such work at the expense of Licensee. No termination hereof shall
release Licensee from any liability or obligation hereunder, whether of
indemnity or otherwise, resulting from any acts, omissions or events
happening prior to the date the PIPE LINE is removed and the right-of-
way and track of Licensor restored as above provided.
9. In the case of the eviction of Licensee by anyone owning or
obtaining title to the premises on which the PIPE LINE is located, or
the sale or abandonment by Licensor of said premises, Licensor shall not
be liable to Licensee for any damage of any nature whatsoever or to
refund any payment made by Licensee to Licensor hereunder, except the
proportionate part of any recurring charge which may have been paid
hereunder in advance.
10. Any notice hereunder to be given by Licensor to Licensee shall
be deemed to be properly served if it be deposited in the United States
Mail, postage prepaid, addressed to Licensee at P.O. Box 2000, Lubbock,
Texas 79457. Any notice to be given hereunder by Licensee to Licensor
shall be deemed to be properly served if the same be deposited in the
United State Mail, postage prepaid, addressed to Licensor's Manager of
Contracts; at P.O. Box 1738, 920 S. E. Quincy Street, Topeka, Kansas
66612.
11. In the event that two or more parties execute this instrument
as Licensee, all the covenants and agreements of Licensee in this
license shall be the joint and several covenants and agreements of such
parties.
February 13, 1992
Page 93
12. All the covenants and provisions of this instrument shall be
binding upon and inure to the benefit of the successors, legal
representatives and assigns of the parties to the same extent and effect
as the same are binding upon and inure to the benefit of the parties
hereto, but no assignment hereof by Licensee, its successors, legal
representatives or assigns, or any subsequent assignee, shall be binding
upon Licensor without the written consent of Licensor in each instance.
13. Notwithstanding any other provisions of this license, Licensee
shall comply with all statutues, ordinances, rules, regulations, orders
and decisions (hereinafter referred to as "Standards"), issued by any
federal, state or local governmental body or agency established thereby
(hereinafter referred to as "Authority"), relating to Licensee's use of
Licensor's property hereunder. In its use of the premises, Licensee
shall at all times be in full compliance with all Standards, present or
future, set by any Authority, including, but not limited to, Standards
concerning air quality, water quality, noise, hazardous substances and
hazardous waste. In the event Licensee fails to be in full compliance
with Standards set by any Authority, Licensor may, after giving
reasonable notice of the failure to Licensee, and Licensee, within
thirty (30) days of such notice, fails either to correct such non-
compliance or to give written notice to the Licensor of its intent to
contest the allegation of non-compliance before the Authority
establishing the Standard or in any other proper forum, take whatever
action is necessary to protect the premises and Licensor's railroad and
other adjacent property. Licensee shall reimburse the Licensor for all
costs (including but not limited to, consulting, engineering, clean-up
and disposal costs, and legal costs) incurred by the Licensor in
complying with such Standards, and also such costs incurred by the
Licensor- in abating a violation of such Standards, protecting against a
threatened violation of such Standards, defending any claim of violation
of such standards in any proceeding before any Authority or court, and
paying any fines or penalties imposed for such violation. Licensee shall
assume liability for and shall save and hold harmless the Licensor from
any claim of a violation of such Standards regardless of the nature
thereof or the Authority or person asserting such claim, which results
from Licensee's use of Licensor's premises, whether such claim arises in
whole or in part from the negligence or alleged negligence of the
Licensor ❑r otherwise. Licensee, at its cost, shall assume the defense
of all such claims regardless of whether they are asserted against
Licensee or Licensor.
14. Upon written notice from Licensor, Licensee agrees to assume
the defense of any lawsuit, administrative action or other proceedings
brought against Licensor by any public body, individual, partnership,
corporation, or other legal entity, relating to any matter covered by
this License for which Licensee has an obligation to assume liability
for and/or to same and hold harmless the Licensor. Licensee shall pay
all the costs incident to such defense, including, but not limited to,
attorneys' fees, investigators' fees, litigation expenses, settlement
payments, and amounts paid in satisfaction of judgments. Any and all
February 13, 1992
Page 94
lawsuits or administrative actions brought or threatened on any theory
❑f relief available at law, in equity ❑r under the rules ❑f any
administrative agency shall be covered by this section, including, but
not limited to, the theories ❑f intentional misconduct, negligence,
breach of statute or ordinance, ❑r upon any theory created by statute or
ordinance, state ❑r federal.
IN WITNESS WHEREOF, the parties have executed this agreement in
duplicate the day and year first above written.
THE ATCHISON, TOPEKA AND
SANTA FE RAILWAY COMPANY
/s/ Name Not Legible
Manager of Contracts
CITY OF LUBBOCK, TEXAS
/s/ B. C. McMinn
B. C. McMinn, Mayor
A copy ❑f Exhiibit A is filed with Resolution No. 3813.
This Resolution authorizes the Mayor to sign a
standard Underground Pipeline Crossing License with
Santa Fe. The Water Utilities Department is
constructing a new water line across Clovis Road
just t❑ the west ❑f Loop 289 which will cross Santa
Fe's tracks. Santa Fe's fee for this license is
$750.
Staff recommended approval of this License
Agreement.
Motion was made by Councilwoman Baker, seconded by
Councilman Phillips to authorize Resolution #3813 as
recommended by Staff. Motion carried: 6 Yeas; 0
Nays.
February 13, 1992
Page 95
92-51A-95-74
(27.)
RESOLUTION #3814
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
Supplemental Agreement No. 1 to Lease Agreement No. DTFA07-91-L-01216
between the City of Lubbock and the United States of America, Department
of Transportation, Federal Aviation Administration, 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 13th day of February, 1992.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Bern Case
Bern Case, Director of Aviation
APPROVED AS TO FORM:
s Harold Willard
Harold Willard, Assistant City Attorney
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
800 Independence Ave, SW
Washington, D.C. 20591
Supplemental Agreement No. I to
Lease Agreement No. DTFA67-91-L-
01216
SUPPLEMENTAL AGREEMENT NO. 1, made and entered on this the 13th day of
February„ 1992, by and between the City of Lubbock, Texas, hereinafter
referred to as the Lessor, and the UNITED STATES OF AMERICA, Department
of Transportation, Federal Aviation Administration, hereinafter referred
to as the Government.
W I T N E S S E T H:
WHEREAS, by Lease Agreement No. DTFA07-91-L-61216 dated September 26,
1991, the Government leased from the Lessor 40,000 square feet of hangar
space at the Lubbock International Airport, Texas; and,
WHEREAS, the Lessor has agreed to expand the apron and relocate the
access ramp to the hangar facility at the request of the Government;
and,
WHEREAS, the Government had agreed to reimburse the Lessor the amount of
$13,365.00 for the expansion work by increasing the rental rate from
$9,900.00 per month to $11,013.75 per month for a 12 month period; and,
February 13, 1992
Page 96
NOW THEREFORE, the parties hereto agree to modify Lease No. DTFA07-91-L-
01216 as follows:
1. Articles 2, 3 and 4d are deleted and the following Articles
2, 3 and 4d are substituted in lieu thereof.
2. To have and to hold said premises with their
appurtenances for the term beginning January 15, 1992
through January 14, 1993 subject to the termination and
renewal rights as may be hereinafter set forth.
3. The Government shall pay the lessor the annual rent of
5132,165.00 at the rate of $11,013.75 per month in arrears
for the term set forth in Article 2 above. All rent shall be
pro -rated based on actual occupancy of the leased premises.
Rent checks shall be made payable to the lessor at the
address shown elsewhere in this agreement.
4d. The hangar space shall be square or rectangular in shape
without center supports. A hangar door leading to the
airport ramp area with dimensions of 100 feet by 24 feet
shall be provided. Access to the airport taxiways and
runways is required. The airside hangar apron shall be at
least 75 feet by 100 feet in size and the access route from
the hangar apron to the airport taxiway shall be located in
such a way that will allow the large sized aircraft to gain
access to the hangar facility.
ALL OTHER TERMS AND CONDITIONS of Lease Agreement No. DTFA07-91-L-01216
are hereby ratified and except as modified above shall be and remain the
same.
IN WITNESS THEREOF, the parties hereto have hereunto subscribed their
names as of the date first written above.
LESSOR
s B. C. McMinn
B. C. McMinn, Mayor
Officer
ATTEST::
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Bern E. Case
Bern E. Case, Director of Aviation
APPROVED AS TO FORM:
s Hat -old Willard
Harold Willard, Assistant City
Attorney
UNITED STATES OF AMERICA
ZsZ Name Not Legible
Real Estate Contracting
ACKNOWLEDGEMENT
I, Ranette Boyd, certify that I am the City Secretary of the entity
named in the attached agreement. I also certify that B. C. McMinn is the
Mayor and is authorized to sign this agreement and bind said entity to
the terms and conditions of this agreement.
/s/ Ranette Boyd
Ranette Boyd, City Secretary
February 13, 1992
Page 97
92-51A-97-75
(28.)
This is a Supplemental Agreement for additions to
the newly constructed FAA hangar in the West Airport
District. The increase in FAA payment from $9,900
per month to $11,013.75 per month, is due to the FAA
increasing the width of the apron in front of the
hangar from 50' to 75'. This increase will apply to
the first year only; all remaining renewals will be
at the original $9,900 per month rate which is a
total increase of $13,365 to be paid to the
contractor for the additional work.
The Airport Board approved this recommendation in
their January 15, 1992 meeting.
Staff recommended approval.
Motion was made by Councilwoman Baker, seconded by
Councilman Maloy to authorize Resolution #3814 as
recommended by Staff. Motion carried: 6 Yeas; 0
Nays.
RESOLUTION #3815
WHEREAS, on or about September 26, 1991, the City of Lubbock and
the United States of America, Department of Transportation, Federal
Aviation Administration (FAA) entered into Lease No. DTFA07-91-L-0I216,
wherein the City agreed to lease to the FAA 40,000 square feet of hangar
space at the Lubbock International Airport (Airport); and
WHEREAS, on or about September 27, 1991, the City of Lubbock, as
Lessor, and Gi. Greenstreet, Inc., as Lessee, entered into a Lease and
Sublease Agreement in which the City leased Airport premises to the
Lessee on which to construct a 40,000 square foot hangar; and
WHEREAS, Lessee agreed to construct said hangar in accordance with,
the requirements set forth in Lease No. DTFA07-91-L-01216; and
WHEREAS, Lessee further agreed that upon completing construction
of the hangar, Lessee would sublease that facility and the demised
premises back t❑ the City for use by the City in accomplishing its
economic development goals; and
WHEREAS, both the City and FAA desire to execute Supplemental
Agreement No. 1 to Lease No. DTFA07-91-L-01216, which would necessitate
amending the Lease and Sublease Agreement the City has with G.
Greenstreet, Inc. as well; and
WHEREAS, G. Greenstreet, Inc., for good and valuable
consideration, has agreed to amend its agreement with the City in the
manner necessitated by Supplemental Agreement No. 1; and
WHEREAS, amending the Lease and Sublease Agreement which the City
has with G. Greenstreet, Inc. contemporaneously with the City's
execution of Supplemental Agreement No. I to Lease No. DTFA07-91-L-01216
is in the best interest of the citizens of the City of Lubbock; NOW
THEREFORE:
February 13, 1992
Page 98
BE 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 ❑f the City of Lubbock, Texas,
Supplemental Agreement No. 1 to Lease No. DTFA07-91-L-01216 between the
City and the FAA and Amendment No. 1 t❑ the Lease and Sublease Agreement
between the City and G. Greenstreet, Inc., which Supplemental Agreement
and which Amendment are both attached hereto, and shall be spread upon
the minutes of the Council and as spread upon the minutes of this
Council shall constitute and be a part ❑f this Resolution as if fully
copied herein in detail.
Passed by the City Council this 13th day ❑f February, 1992.
/sJ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
Is/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Bern E. Case
Bern E. Case, Director ❑f Aviation
APPROVED AS TO FORM:
IsZ Harold Willard
Harold Willard, Assistant City
Attorney
AMENDMENT NO. 1
TO
LEASE AND SUBLEASE AGREEMENT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
WHEREAS, the City of Lubbock, Texas, as Lessor, and G.
Greenstreet, Inc., as Lessee, entered into a Lease and Sublease
Agreement: on September 27, 1991 in which the Lessor demised property at
Lubbock International Airport to the Lessee ❑n which t❑ construct a
40,000 square foot hangar, and the Lessee agreed t❑ sublease the
premises and hangar facility after construction to the City for use in
accomplishing the municipality's economic development goals; and
WHEREAS, both the Lessor and the Lessee, for good and valuable
consideration, have agreed t❑ amend the above -referenced Lease and
Sublease Agreement so as t❑ incorporate into such Lease and Sublease
Agreement provisions contained in Supplemental Agreement No. 1 to Lease
No. DTFAC,7-91-L-01216, attached hereto and made a part ❑f this
Amendment; NOW THEREFORE:
The above -referenced Lease and Sublease Agreement is hereby
amended in the following manner:
1. Numbered paragraph 1 ❑f Section I ❑f the Lease and Sublease
Agreement is amended to read as follows:
February 13, 1992
Page 99
In consideration of the sum of ONE DOLLAR ($1.00) and the
further consideration to construct a 40,000 square foot hangar at
the Lubbock International Airport in accordance with the terms and
specifications as contained in a proposed lease between the United
States of America and the City of Lubbock, a copy of which is
attached hereto as Exhibit A and made a part hereof for all
purposes, except as otherwise modified by Supplemental Agreement
No. 1 to such lease between the City of Lubbock and the United
States of America, the Lessor hereby demises and leases unto the
Lessee and the Lessee hereby takes from Lessor the demised
premises as described in Exhibit B attached hereto and made a part
hereof for all purposes. To have and to hold said premises for
the lease term hereinafter set forth on all the terms and
conditions set forth in this lease.
2. Nlumbered paragraph S of Section I of the Lease and Sublease
Agreement: is amended to read as follows:
Lessee understands and agrees that the facility to be built
by Lessee as part of the consideration of this Lease Agreement
shall be built to the standards and requirements of the United
States of America Department of Transportation as expressed in the
proposed Lease Agreement attached hereto as Exhibit A and made a
part hereof for all purposes, and as subsequently modified by
Supplemental Agreement No. 1 to such lease between the City of
Lubbock, and the United States of America, and to this end Lessee
shall coordinate its construction activities with the appropriate
federal agency to ensure that such facility, upon completion,
shall be acceptable to the United States Government.
:3. Nlumbered paragraph 12 of Section I of the Lease and Sublease
Agreement is amended to read as follows:
Lessee agrees that it shall be solely responsible for the
demised premises and the construction of the hangar as
contemplated by this lease during the period of construction and
prior to an indication by the United States Government that said
hangar has been constructed in accordance with the criteria and
specifications of that proposed Lease Agreement attached hereto as
Exhibit A and as modified by Supplemental Agreement No. 1 to such
lease between the City of Lubbock and the United States of
America. Lessee agrees that if said structure is damaged by fire,
hail, lightning, floods, tornadoes, hurricanes or any other
natural phenomena, acts of God, or act of Nature, that Lessee
shall immediately undertake any and all necessary repairs,
additional construction and any other act necessary to complete
the construction of the aforementioned hangar in reasonable
accordance to the time schedule heretofore mentioned in this Lease
Agreement.
4. Numbered paragraph 13 of Section I of the Lease and Sublease
Agreement is amended to read as follows:
Lessee hereby acknowledges that its agents have read and
reviewed the proposed Lease Agreement attached hereto as Exhibit
A, Supplemental Agreement No. 1 to such lease and the Letter
attached as Exhibit E, and Lessee hereby agrees that Lessee will
hold -the Lessor harmless from any claims, causes of action,
demands or liability made by the United States of America against
the City of Lubbock in the event that Lessee fails to timely
perform its obligations as heretofore set forth in this Lease
Agreement.
February 13, 1992
Page 100
5. Numbered paragraph 1 of Section II of the Lease and Sublease
Agreement is amended to read as follows:
Upon completion of the construction of the hangar heretofore
mentioned by Lessee and the acknowledgment of the United States of
America that said hangar has been constructed in accordance with
the terms, provisions, specifications and requirements of the
United States of America, all as set forth in Exhibit A attached
hereto and Supplemental Agreement No. 1 to the lease between the
City of Lubbock and the United States of America, then in such
event, the Lessee does hereby agree to sublease the demised
premises together with the hangar constructed thereon to the City
of Lubbock (hereinafter referred to as City) and the City does
hereby agree to take said demised premises in accordance with the
following terms and conditions:
6. Subparagraph b of numbered paragraph 1 of Section II of the
Lease and Sublease Agreement is amended to read as follows:
The City does hereby agree to pay to Lessee as consideration
for the sublease of these premises a lump sum of $13,365.00
payable upon acceptance of the hangar facility by the United
States of America, plus monthly lease payments of $8,600.00 per
month with such payments being due from the City to Lessee on the
ISt day of each month during the existence of the term of this
sublease, with the understanding, however, that the first such
monthly lease payment shall be prorated in the event that the date
of acceptance as mentioned in this subparagraph is less than one
full calendar month. In the event that City does not make the
payment due Lessee as required by this subparagraph, then in such
event Lessee shall make written demand upon City allowing City
fifteen (15) additional days from receipt of Lessee's demand to
make the appropriate payment. In the event the City fails to make
the payment after notice, as above set forth, then Lessee may
require the payment from City of the total amount of lease
payments remaining due under this Sublease.
All other terms and conditions of the Lease and Sublease Agreement
between the City of Lubbock and G. Greenstreet, Inc. are hereby ratified
and except as above amended shall be and remain the same.
EXECUTED THIS 27th day of January, 1992.
G. GREENSTREET, INC. CITY OF LUBBOCK
/s/ Gary Greenstreet
GARY GREENSTREET
PRESIDENT
ATTEST:
s Karen A. Yett
/sZ Don Last —Name -Not Legible
IsZ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
Isj Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
js/„Bern Case
Bern Case, Director of
Aviation
APPROVED AS TO FORM:
Zsl Harold Willard
Harold Willard, Assistant
City Attorney
February 13, 1992
Page 101
92-51A-101-76
(29.)
This is an amendment to the City's Agreement with
G. Greenstreet to lease a hangar at the Lubbock
International Airport which is in turn leased by the
City to the FAA. Upon a mid -point inspection the
FAA determined that it was necessary to widen the
apron from the original plans by an additional 25'
by 100' to meet their needs and G. Greenstreet
agreed to make this change for an additional price
of $13,365.
This Amendment allows for payment of this additional
work and is in conjunction with an amendment to the
City's Lease with the FAA in which the City is
reimbursed for the money expended.
The Airport Board previously approved and
recommended the amendment to the FAA Lease and were
advised of this accompanying amendment for the
Greenstreet Lease as well.
Staff recommended approval.
Motion was made by Councilwoman Baker, seconded by
Councilman Maloy to authorize Resolution #3815 as
recommended by Staff. Motion carried: 6 Yeas; 0
Nays.
RESOLUTION #3816
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and ❑n behalf of the City of Lubbock a Lease
Agreement by and between the City of Lubbock and Globe Airport Security
Services, Inc., attached herewith, which shall be spread upon the
minutes of the Council and as spread upon the minutes of this Council
shall constitute and be a part of this Resolution as if fully copied
herein in detail.
Passed by the City Council this 13th day of February, 1992.
/s/ B. C. McMinn
B. C. MCMINN, MAYOR
ATTEST„
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Bern E. Case
Bern E. Case, Director of Aviation
APPROVED AS TO FORM:
I$/ Hay -old Willard
Harold Willard, Assistant City
Attorney
February 13, 1992
Page 102
THE STATE OF TEXAS
COUNTY OF LUBBOCK
0
KNOW ALL MEN BY THESE PRESENTS:
0
SPACE LEASE - TERMINAL BUILDING
This Agreement, entered into at Lubbock, Texas, by and between the
City of Lubbock, a Texas Home Rule Municipality, hereinafter referred to
as "LESSOR," and Globe Airport Security Services, Inc., a New Jersey
Corporation, hereinafter referred to as "LESSEE."
WHEREAS, LESSOR owns and operates Lubbock International Airport,
hereinafter referred to as "Airport;" and
WHEREAS, LESSEE desires to provide security services to air
carriers operating at the Airport; and
WHEREAS, LESSOR deems it in the best interest of the citizens of
the City of Lubbock to provide LESSEE space at the Airport in which to
provide such services;
ARTICLE I
NOW THEREFORE, for and in consideration of the covenants and
conditions herein contained and other valuable consideration, the LESSOR
authorizes the LESSEE to exercise the rights, powers and privileges
hereinafter set forth and does hereby lease to the LESSEE approximately
159 square feet of space as shown on Exhibit "A," attached hereto and
made a part of this Lease for all purposes.
The term of this Agreement shall be for a period of one (1) year,
commencing on PYovember 1, 1991. This Agreement automatically renews
annually unless terminated as provided in Article V below.
ARTICLE II
In consideration of the rights and privileges herein granted,
LESSEE shall pay to the LESSOR a rental rate of EIGHTEEN AND 11/100
DOLLARS ($18.11) per square foot per year adjusted on January 1st of
every year that this Agreement remains in effect by the amount of the
increase or decrease in the Consumer Price Index (CPI) published by the
Bureau of Labor Statistics of the United States Department of Labor.
For the purpose of computing all adjustments, the CPI as of January 1,
1991, shall be construed as the base from which increases or decreases
in the rental rate are calculated.
Upon execution of this Agreement by both parties hereto, LESSEE
shall pay to LESSOR the rent as set forth above in twelve (12) monthly
installments of Two HUNDRED THIRTY-NINE AND 96/100 DOLLARS ($239.96),
payable in advance, by the tenth (10th) day of each month.
ARTICLE III
This Lease is granted subject to the following provisions and
conditions:
1. LESSEE shall use the leased premises solely for the purpose
of providing security services to air carriers operating at
the Airport.
2. LESSEE'S right to provide security services at the Airport
shall be nonexclusive.
3. Any property installed or added by LESSEE which becomes
permanently attached to the leased premises shall become the
property of LESSOR upon termination of this Lease.
4. LESSEE will erect no signs and will distribute no
advertising in the Airport without the prior written consent
February 13, 1992
Page 103
of the Director ❑f Aviation of LESSOR. Such prior written
consent shall not be required for advertising placed by
LESSEE with any party having the right t❑ sell, rent or
offer Airport terminal advertising space.
5. All of LESSEE'S business operations and solicitations will
be confined to the leased premises.
6. The LESSEE shall not bind nor attempt to bind LESSOR for
payment of any money in connection with installations,
alterations, additions or repairs on the leased premises or
any of LESSEE'S equipment or facilities located on the
leased premises, and shall not permit any mechanic's,
materialmen's or contractor's liens to arise against the
Airport premises or any improvements, equipment, machinery
or fixtures thereon belonging to the LESSOR, and LESSEE
expressly agrees that it will keep and save the premises and
LESSOR harmless from all costs and damages resulting from
any lien or liens of any character created or that may be
asserted through any act or thing done by LESSEE.
7. Failure of the LESSEE to comply with any requirement of
paragraph 6 of this Article shall be cause for immediate
termination of this Lease Agreement by LESSOR.
13. LESSOR shall assume no responsibility as to the condition of
the leased premises and shall not assume any responsibility
for maintenance, upkeep or repair necessary to keep the
premises in a safe and serviceable condition.
9. LESSOR shall have the right to approve any construction or
remodeling by LESSEE on the leased premises.
ARTICLE IV
This Lease is granted subject to the following additional provisions and
conditions:
1. The Lease herein granted is subject to any and all
applicable laws, ordinances, rules and regulations
pertaining to the Lubbock International Airport.
2. During time of war or national emergency, the LESSOR shall
have the right to enter into any agreement with the United
States Government for military or naval use of all or part
of the landing area, the publicly -owned air navigation
facilities, and any other areas and facilities at the
Airport. If any such agreement is executed, the provisions
❑f this instrument, insofar as they are inconsistent with
the provisions of the agreement with the Government, shall
be suspended, but rent hereunder shall be abated
accordingly.
3. This Agreement shall be subordinate to the provisions of any
existing or future agreement between LESSOR and the United
States relative to the operation and maintenance of the
Airport, the execution of which has been or may be required
as a condition precedent to the expenditure of federal funds
for the development of the Airport. Should the effect of
such agreement with the United States be to take any of the
property under lease or substantially destroy the commercial
value of LESSEE'S rights under this Agreement, the LESSOR
shall not be held liable therefor, but rent hereunder shall
be abated accordingly.
February 13, 1992
Page 104
4. All rights, privileges and interests acquired herein by
LESSEE may be suspended, at the option of the LESSOR,
following written notice of thirty (30) days, if such
suspension is found by the LESSOR, acting in good faith, t❑
be necessary t❑ secure federal financial aid for the
development of the Airport, or further development of
aeronautical operations thereon, but rent hereunder shall be
abated accordingly.
5, Tle LESSOR, acting by and through its Director of Aviation
or other designated representative, shall have the right to
inspect the leased premises at all reasonable times during
the term ❑f this Lease.
b. Any property of the LESSOR located on Airport premises, and
any property located at Airport premises for which the City
of Lubbock may be responsible, which is damaged or destroyed
as a result of acts or omissions ❑f the employees or agents
❑f LESSEE (but not criminal acts or omissions), shall be
properly repaired ❑r replaced by the LESSEE to the
satisfaction of the LESSOR and its authorized
representatives, or in lieu of such repair or replacement,
the LESSEE shall, if so required by the LESSOR, pay to the
LESSOR money in any amount deemed sufficient by the LESSOR
to compensate for the loss sustained by the LESSOR due to
the loss of, damage to or destruction of such property.
7. The LESSEE shall be deemed to be an independent contractor
and operator responsible to all parties for its respective
acts or omissions and LESSOR shall in no way be responsible
therefor.
a. The LESSEE agrees to indemnify, defend and forever save and
keep the LESSOR, its authorized agents, representatives and
employees, harmless from and against any and all penalties,
liability, annoyances or losses resulting from claims or
court actions of any nature arising (but not criminal acts
or omissions) out of any acts or omissions of the LESSEE,
its agents, servants, employees or business visitors under
this Agreement.
9. The LESSEE shall assume responsibility for the payment of
all taxes and assessments, license fees and public utility
charges levied on the leased premises, the business
conducted on the leased premises, and the property of LESSEE
used in connection therewith from the date of execution of
this Agreement. The LESSEE agrees to pay all claims or
damages for or on account of water, lights, heat, power,
sewage disposal and any other services or utilities
furnished to LESSEE, the leased premises, or any part
thereof. The LESSOR does not guarantee to furnish utilities
or utility services in the future.
10. The LESSEE acknowledges that it is informed that Texas Law
prohibits contracts between LESSOR and its "officers" and
"employees," and that the prohibition extends to an officer
of City agencies such as City -owned utilities and certain
City boards and commissions, and to contracts with any
partnership, corporation or other organization in which such
officers or employees have an interest. LESSEE certifies
that neither it nor any person having an interest in this
Lease Agreement is an officer or employee of the City of
Lubbock or any of its agencies.
11. This Lease may not be assigned or sublet without the written
consent of the Director of Aviation of the LESSOR, but such
consent shall not be unreasonably withheld. No such
assignment or subletting shall affect LESSEE'S obligations
to make all required rental payments hereunder.
February 13, 1992
Page 105
12. The failure of the LESSOR to insist in any one or more
instance upon performance of any of the terms or conditions
of this Lease shall not be construed as a waiver or
relinquishment of the future performance of any such terms
or conditions, but the LESSEE'S obligation with respect to
such failure of performance shall continue in full force and
effect.
ARTICLE V
This Lease Agreement is subject to termination with or without
cause by either party upon thirty (30) days written notice to the non -
terminating party.
In the {event the terminal building at the Airport is damaged by
fire or other accidental cause during the term of this Lease so as to
become totally or partially untenantable, LESSOR shall have the option
to restore the leased premises to their former condition. If LESSOR
exercises its option to restore the premises, LESSOR shall proceed with
due diligence. If the damage is s❑ extensive as to practically amount
to the total destruction of the utility of the leased premises for the
uses expressed in this Agreement, LESSEE'S obligation to pay rent
hereunder shall be abated for the time and to the extent that the
premises have been rendered untenantable. Should LESSOR not exercise
its option to restore the leased premises, this Lease shall terminate,
such termination to be effective on the date of damage by fire or other
accidental cause, and the rent shall be apportioned to that date.
Within fifteen (15) days following the date of expiration or
termination of this Agreement, LESSEE shall, as required by LESSOR,
vacate the leased premises, remove all property of LESSEE and restore
the leased premises to as good a condition on such date of expiration or
termination as when received, ordinary wear and tear excepted; provided,
however, that LESSEE'S right to remove its property is subject to the
condition that LESSEE has paid in full all amounts due and owing LESSOR
under this Agreement. If, after being requested by the LESSOR, the
LESSEE shall fail or neglect to to remove said property and so restore
the leased premises within fifteen (15) days of said expiration or
termination, then, at the option of LESSOR, said property shall either
become thie property of LESSOR without compensation therefor or LESSOR
may cause the property to be removed and the leased premises to be
restored at the expense of LESSEE, and no claim for damages against
LESSOR or its officers, agents or employees shall be created or made on
account of such removal and restoration.
ARTICLE VI
Notices to the LESSOR required or appropriate under this Lease
shall be deemed sufficient if in writing and mailed by registered mail
with postage prepaid to the Director of Aviation, Lubbock International
Airport, Route 3, Box 201, Lubbock, Texas 79401.
Notices to the LESSEE required or appropriate under this Lease
shall be deemed sufficient if in writing and mailed by registered mail
with postage prepaid to the address for LESSEE on file with the Director
of Aviation at Lubbock International Airport.
Should LESSOR institute legal action to collect rentals due under
this Lease Agreement or damages for breach of any covenant made herein,
a reasonable sum shall be added to the amount of recovery for attorneys'
fees together with all costs of court.
February 13, 1992
Page 106
Both parties hereby agree that this instrument constitutes the
final agreement of the parties and that all other previous agreements,
leases and contracts between the parties which pertain to the property
described herein are hereby declared null and void.
EXECUTED this 13th day of February, 1992.
LESSOR:
CITY OF LUBBOCK
BY:Zs1 B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Bern E. Case
Bern E. Case, Director of
Aviation
APPROVED AS TO FORM:
1sZ Harold Willard
Harold Willard, Assistant City
Attorney
LESSEE:
GLOBE AIRPORT SECURITY
SERVICES, INC.
BY:/s/ Name Not Legible
ATTEST:
/s/ Franklyn P. Rosenfield
Secretary
Globe Airport Security Services was retained by the
passenger airlines that serve LIA to perform
screening and skycap services. The airlines are
responsible for maintaining the integrity and
security of the screening operation and the movement
of passengers in and out of the secure concourse.
They are also responsible for the skycap porter
operation which enhances the level of service that
LIA's patrons receive.
Globe has requested to lease
Airport to provide space for
will be leasing approximately
one year at a rate of $18.11
adjustments. Initially, the
$239.96, making the annual re
CPI adjustment.
a small office in the
their supervisor. They
159 square feet for
per foot subject to CIP
monthly payment will be
venue $2,879.52 before
The Airport Board reviewed the Lease and recommended
it for approval at their meeting of January 15,
1992.
Staff recommended approval.
Motion was made by Councilman Aderton, seconded by
Councilwoman Baker to authorize Resolution 43816 as
recommended by Staff. Motion carried: 6 Yeas; 0
Nays.
February 13, 1992
Page 107
92-51A-101-11
(30.) Consider Resolution #3816-A authorizing Change Order
RESOLUTION #3816-A
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
Change Order No. 4-1 to C.O.L. Water Treatment Plant Improvements
Contract with the Contractor, Advance Tank & Construction Company,
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 13th day of February, 1992.
/s/ B. C. McMinn
B. C. MCMINN, MAYOR
ATTEST:
ZsZ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
ZsZ Dan A. Hawkins
Dan A. Hawkins, Director of Water
Utilities
APPROVED A5 TO FORM:
ZsZ J. Worth Fullingim
J. Worth Fullingim, Assistant City
Attorney
A copy of Change Order No. 1 is filed with Resolution No. 3816-A.
Advance Tank and Construction Company was awarded
the Contract to construct a six million -gallon
treated water storage clearwell at the Lubbock Water
Treatment Plant as part of the Water Treatment Plant
Improvements project. During the excavation phase
of the tank construction, the contractor encountered
a large amount of concrete debris buried at the tank
site. A significant amount of additional excavation
by the contractor was necessary to remove the debris
and provide a stable base for the tank structure.
Advance Tank and Construction Company has valued the
additional work to remove the debris at $11,297 and
has indicated its willingness to reduce this amount
by $3,940 if the City will authorize them to take
possession of the steel railroad track removed from
the tank site. This would result in a net change
order amount of $1,357 and the total Contract amount
of the clearwell construction portion of the
improvement project is $1,393,559.
HDR Engineering, Inc., engineers for this project
and City Staff have reviewed this change order
request and recommended approval.
February 13, 1992
Page 108
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to authorize Resolution #3816-
A as recommended by Staff. Motion carried: 6 Yeas;
0 Nays.
92-51A-108-78
(31.) Consider approving the write-off of uncollectible
accounts and insufficient funds checks.
Each year the Accounting Department accumulates all
uncollectible accounts and insufficient funds checks
and receives approval from the City Council to write
these accounts off the books. A file is maintained
on these checks and accounts and collection efforts
continue after the accounts are written off the
books.
The major portion of this write-off deals with the
Accounts Receivables for Electric, Water, Sewer, and
Sanitation billings. There was no material change
from the previous year; however, the last two years
showed significant improvements over previous years.
The write-off percentage for the calendar year 1991
from all utility accounts was 1.04% and this amount
of write-off for the utility bills is $900,255. The
total gross sales relating to that figure is
$86,514,764.
Staff recommended approval of the write-offs.
Motion was made by Councilwoman Baker, seconded by
Councilman Phillips approving write-offs of
uncollectible accounts and insufficient funds
checks. Motion carried: 6 Yeas; 0 Nays.
92-51A-108-79
(32.) Consider Ordinance #9503,establishing a date for the
Regular Municipal Election for 1992.
ORDINANCE #9503
AN ORDINANCE ESTABLISHING THE DATE OF THE REGULAR MUNICIPAL
ELECTION; AUTHORIZING THE MAYOR TO ORDER THE REGULAR MUNICIPAL ELECTION
OF THE CITY OF LUBBOCK FOR THE YEAR 1992; DECLARING AN EMERGENCY; AND
PROVIDING AN EFFECTIVE DATE.
This Ordinance will formally establish May 2, 1992
as the date of the 1992 Regular Municipal Election.
Because candidate filing commences February 17,
passage on emergency reading is necessary.
Within the next month Mayor McMinn will be asked to
sign the Election Order which will be published in
English and Spanish.
Motion was made by Councilwoman Baker, seconded by
Mayor Pro Tem Patterson to pass on emergency reading
Ordinance #9503 as recommended by Staff. Motion
carried: 6 Yeas; 0 Nays.
February 13, 1992
Page 113
92-51A-113-86
(39.) BID #11759--Cargo trailers (Fleet Management).
Jones Trailer, Inc., Woodson--3 ea. enclosed trailer
16" Spec 2961.
Motion was made by Councilwoman Baker, seconded by
Councilman Phillips to authorize low bid meeting
specifications. Motion carried: 5 Yeas; 0 Nays.
92-51A-113-87
(40.) BID #11778--Hi h voltage cable Central Warehouse).
Temple, Inc.--2,000 lb. No. 6 bare, soft drawn
copper wire.
Westinghouse Electric--22,500' single conductor
cable 500 MCM, 15KV; 50,000 lb. No. 477, ACSR bare
wire.
Motion was made by Councilwoman Baker, seconded by
Councilman Phillips to authorize low bids meeting
specifications. Motion carried: 5 Yeas; 0 Nays.
92-51A.-i13-88
(41.) BID #11 87 2--Annual pricing for chemical applications
)Land Application „Site)_
Pro -Agri Spraying, Ropesville--Aerial application.
Walker Spraying & Fertilizer, Shallowater--Ground
application.
Motion was made by Councilwoman Baker, seconded by
Councilman Phillips to authorize low bids meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
92-51A-1113-89
(42.) BID #11765--Paratransit-Route Vans (Citibus).
Lassiter Bus Co., Inc., Dallas--2 ea. 8-10 passenger
wheelchair lift equipped van; 2 ea. 16 passenger
wheelchair lift equipped van.
Motion was made by Councilwoman Baker, seconded by
Councilman Phillips to authorize low bid meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
92-51A-11.3-90
(43.) BID_#11761--Mechanical Street _Sweeper (Fleet
Management).
West Texas Equipment --Spec 911.
Motion was made by Councilwoman Baker, seconded by
Councilman Phillips to authorize low bid meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
February 13, 1992
Page 114
92-51A-114-91
(44.) BID #11718--Dental units (Health Department).
Healthco, Albuquerque, NM--3 ea. dental chair; 3 ea.
dental unit; 1 ea. dental vacuum system.
Motion was made by Councilwoman Baker, seconded by
Councilman Phillips to authorize low bid meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
92-51A-114-92
(45.) BID #11777--Creosote-treated wood Roles (Central
Warehouse).
Mid South Wood Preservers, Logansport, LA--180 ea.
40' Class 4 creosote treated wood pole; 17 ea. 55'
Class 2 creosote treated wood pole.
Treat -All Wood Products, Ridgeland, MS--50 ea. 50'
Class 2 creosote treated wood pole; 80 ea. 45' Class
2 creosote treated wood pole.
Motion was made by Councilwoman Baker, seconded by
Councilman Phillips to authorize low bids meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
92-51A--114-93
(45.) BID #11780--Annual pricing for fertilizer
application (Land Application Site).
Anderson Grain, Brownfield--736 tn. fertilizer
23-9-2-3+ZN; 100 tn. fertilizer 20-10-30-4+2N; 140
tn. fertilizer 32% liquid Nitrogen.
Motion was made by Councilwoman Baker, seconded by
Councilman Phillips to authorize low bid meeting
specifications. Motion carried: 5 Yeas; 0 Nays.
92-51A-11.4-94
(47.) BID#11747--Refuse containers (Solid Waste).
Caprock Welding R Supply--300 ea. sideloading refuse
container 3 cu. A.; 50 ea. frontloading refuse
container 4 cu. yd.
Motion was made by Councilwoman Baker, seconded by
Councilman Phillips to authorize low bid meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
92-51A-11.4-95
(48.) Hold an Executive Session to discuss personnel
matters regarding duties responsibilities and/or
appointments to:
Lubbock Firemen's and Policemen's Civil Service
Commission
Housing Standards Commission
February 13, 1992
Page III
4. Each political subdivision shall be
responsible for posting notices,
maintaining official records,
preparation of ballot, and conduct
of drawing for ballot position.
5. Each political subdivision shall pay
its proportionate share of common
costs.
As in the past, City and School candidates will be
listed on separate ballots to lessen the possibility
of voters receiving incorrect ballots.
As a matter of information, the City and School
contract with Lubbock County for the use of voting
equipment, and the County is purchasing new
electronic equipment which will be used for the
first time in the March Primary Elections. This
means that beginning with the May Election, Staff
will no longer vote on punchcards but will use paper
ballots which will be read by and tabulated by
optical scanners.
Staff recommended City Council authorize both the
Ordinance and the Joint Election Resolution.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Maloy to authorize Resolution #3817 as
recommended by Staff. Motion carried: 6 Yeas; 0
Nays.
92-51A.-1:11-81
(34.) BID #11757--Light _bars and sirens [Fleet
Management].
G.T. Distributors, Austin--22 ea. vehicle siren/PA
System per Spec 780.
Law Enforcement Equipment, Kansas City, KS--22 ea.
emergency light bar per Spec 775; 1 ea. utility
light bar per Spec 776.
Motion was made by Councilwoman Baker, seconded by
Councilman Phillips to authorize low bids meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
92-51A-1I.1-82
(35.) BID_#1.1773--Turf equipment (Fleet Management).
Western Implement--1 ea. rotary mower, 6' Spec 1004;
1 ea. 6' grading & spreading blade Spec 1051; 1 ea.
tilting landscape blade Spec 1052.
Outdoor Power Products--67 ea. string trimmer,
gasoline, Spec 1016; 2 ea. commercial gas chain saw
Spec 1029.
Terry County Tractor, Brownfield--1 ea. aerifier,
deep tine Spec 1050.
Weff Industries, Irving --I ea. rotary mower, 15'
Spec 1038.
Jacobsen Turf & Commercial, Carrollton--2 ea. curb &
asphalt edger, tractor drawn Spec 1031.
February 13, 1992
Page 112
Lubbock Saw & Knife--5 ea. turf edger, commercial
Spec 1017.
Goldthwaites, Ft. Worth--4 ea. rotary mower,
outfront diesel powered Spec 1006; 13 ea. push
mower, 21" commercial Spec 1008; 1 ea. aerifier,
floating tine Spec 1022; 3 ea. blower, backpack Spec
1027; 1 ea. soil top dresser Spec 1053.
Motion was made by Councilwoman Baker, seconded by
Councilman Phillips to authorize low bids meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
92-51A-112-83
(36.) BID_#11783--Annual pricing for agricultural
chemicals (Land Application Site).
Kitten Fertilizer, Inc., Slaton--300 gl. Comite.
Tri State Chemicals, Inc., Brownfield--15 gl. Ammo;
168 gl. Asana-XL; 43 gl. Caparol; 10 gl. Fusilade;
38 gl. Pix; 35 gl. Treflan; 10 gl. Capture; 350 lb.
Velpar.
Riverside -Terra Chemicals, Plainview--67 gl. Sencor.
Helena Chemical Co.--500 gl. Bladex; 275 gl. dual;
1,200 lbs. Evik; 200 gl. Lannate; 570 lb. Temik.
Estes Chemicals--60 gl. Arsenal; 450 gl. Cygon; 25
gl. Prep.
Motion was made by Councilwoman Baker, seconded by
Councilman Phillips to authorize low bids meeting
specifications and in a drawing by Councilwoman
Baker, awarding tie bid #'s 1 and 17 to Tri-State
Chemical. Motion carried: b Yeas; 0 hays.
92-51A-112-84
(37.) BI.D #11781--Insect Monitoring Services _(Land
Agplication Site).
Dana Palmer Agricultural--1800 acres corn; 500 acres
cotton; 540 acres alfalfa at cost per acre.
Motion was made by Councilwoman Baker, seconded by
Councilman Phillips to award tie bid to Dana Palmer
Agricultural drawn by Councilwoman Baker. Motion
carried: 6 Yeas; 0 hays.
92-51A-112-85
(38.) BID #11785--Traffic paint (Central Warehouse).
Sherwin-Williams Company--15 dr. yellow, water base,
traffic paint in 55 gallon drums; 15 dr. white,
water base, traffic paint in 55 gallon drums.
Motion was made by Councilwoman Baker, seconded by
Councilman Phillips to authorize low bid meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
February 13, 1992
Page 109
92-51A-109-80
(33.)
RESOLUTION #3817
WHEREAS, the City of Lubbock and Lubbock Independent School
District are both required to conduct elections on May 2, 1992; and
WHEREAS, Section 271.002 ❑f the Texas Election Code provides for
joint elections when an election is required upon the same day by tw❑ ❑r
more political subdivisions occupying all or part ❑f the same territory;
and
WHEREAS, it is deemed to be in the best interest of the citizens
residing in the City ❑f Lubbock and Lubbock Independent School District
to have a joint election on May 2, 1992, pursuant t❑ the above cited
provision of the Election Code; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK AND THE BOARD
OF TRUSTEES OF LUBBOCK INDEPENDENT SCHOOL DISTRICT ACTING JOINTLY:
THAT a joint election of the City of Lubbock and Lubbock
Independent School District be held on May 2, 1992, under provisions of
the Texas Election Code and other applicable law and in accordance with
the following agreed terms:
1. That common precinct boundaries and voting places shall be
designated by each governing body so far as is practical and expedient.
.2. That a single set of election officers shall be agreed upon
and designated by both governing bodies for the conduct of the election.
Such officers shall include those qualified to service for each
individual subdivision.
3. That the election shall be administered by Ms. Ranette Boyd,
City Secretary of the City ❑f Lubbock, within the city limits of the
City of Lubbock with Ms. Patti Flanagan of Lubbock Independent School
District serving as assistant election ❑fficer.
4. That there will be early voting conducted at the office of
the City Secretary and at South Plains Mall, 6002 Slide Road, for
persons living within the City ❑f Lubbock and Lubbock Independent School
District., and that the City Secretary is hereby appointed as early
voting clerk to oversee joint early voting.
5. That the preparation of election supplies, contacting of
appropriate officials, publication and all other routine matters for
those precincts with voting places within the City of Lubbock shall be
the responsibility ❑f the City Secretary of the City of Lubbock.
6. That each political subdivision shall be responsible for
posting Its own notices and maintaining records pertaining solely to its
own election as custodian of its own records. Each political
subdivision also shall be responsible for preparing that portion of the
ballot pertaining to its ❑wn election and for conducting a "drawing for
place on the ballot" for its own election at a location and time of its
own choice.
7. That the official canvassing of ballots and announcements of
results shall be done individually by each governing body, and each
political subdivision shall issue its own certificates of election to
the candidates elected to that political subdivision.
February 13, 1992
Page 110
8. That in all precincts where there are voters residing
❑utside the jurisdiction ❑f ❑ne ❑f the political subdivisions, but
inside the ❑ther political subdivision, such voters shall be given
ballots containing ❑nly the names of those candidates for whom they are
qualified t❑ vote. Write in votes shall be cast ❑n the ballot at the
indicated space.
9. That separate ballots and separate ballot boxes shall be
used for this election.
10. That each entity shall pay its proportionate share ❑f the
common costs attributable t❑ the joint election activities necessary for
the conduct ❑f the joint election.
Resolved by the City Council ❑n this 13th day ❑f February, 1992.
IsI B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
Resolved by the Board ❑f Trustees ❑f Lubbock Independent School District
this _ day ❑f , 1992.
ATTEST:
Secretary
BOB CRAIG, PRESIDENT
For the past six years the City and LISD have held
joint elections for a significant cost savings to
both entities as well as for convenience t❑ the
voters. City Staff met with LISD representatives
this week for preliminary discussion of a joint
election ❑n May 2, 1992.
Presented for Council consideration is a Joint
Election Resolution which sets ❑ut issues on which
City and School staff agreed. The Resolution
basically tracks previous resolutions and among the
agreed terms are:
1. Use ❑f the same polling places and
election ❑fficials.
2. Ranette Boyd as Election
Administrator and Patti Flanagan,
LISD representative, as Assistant
Election Officer.
3. Conduct of early voting at City Hall
and at the South Plains Mall.
February 13, 1992
Page 115
92-51A-115-96
(49.) Consider one appointment to the Firemen's and
Policemen's Civil Service Commission. The term of
James Gorsuch expired on January 31, 992.
Motion was made by Councilman Phillips, seconded by
Mayor Pro Tem Patterson to reappoint James Gorsuch
to the Firemen's and Policemen's Civil Service
Commission. Motion carried: 6 Yeas; 0 Nays.
92-51A-115-97
(50.) Consider two appointments to the Housing Standards
Commission.
Motion was made by Councilman Phillips, seconded by
Councilwoman Baker to appoint Gene Bals as Regular
member and to appoint Joe Murfee III and Bill
Grisham as Alternates on the Housing Standards
Commission. Motion carried: 6 Yeas; 0 Hays.
There being no further business to come before Council, motion was made
by Mayor Pro Tem Patterson, seconded by Councilman Phillips to adjourn
the meeting at 11:09 a.m. Motion carried: 6 Yeas; 0 Hays
B. C. McMirrfi, 14ayor
ATTEST:
r _
Bane a Boyd, City Secretaffy
Read and approved this the 27th day of February, 1992.
t
B. C. �cn�nay®r��
ATTEST:
Ranet a Boyd, City Secretar