HomeMy WebLinkAboutMinutes - City Council - Regular - 3/26/1992CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
MARCH 26, 1992
10:00 A.M.
The City Council of the City of Lubbock, Texas met in regular session on
the 26th day ❑f March, 1992 in the City Council Chambers, first floor,
City Hall, 1625 13th Street, Lubbock, Texas at 10:00 A.M.
Present: Mayor B. C. McMinn, Mayor Pro Tem T. J. Patterson, Councilman
Bill Maloy, Councilwoman Joan Baker, Councilwoman Maggie Trejo,
Councilman M. J. Aderton, City Manager Larry J. Cunningham, City
Attorney John C. Ross, Jr., and City Secretary Ranette Boyd.
Mayor McMinn called the meeting to order at 10:00 A.M.
1.} The Invocation was given by Jim Bertram, Assistant
City Manager for Development Services.
t 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 Councilwoman Trejo to approve the Minutes of the
March 12, 1992 Regular City Council meeting as
written. Motion carried: b Yeas; 0 Nays.
92-51A-189-150
( 8•)
RESOLUTION #3836
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. 1 adding paving quantities to Project No. 591305-0001-
3113 (En -Carlisle Paving -- 21st & 25th Streets) to an existing Contract
for paving improvements between said City and Williams & Peters
Construction Co., 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.
March 26, 1992
Page 190
Passed by the City Council this 26th day of March, 1992.
/sZ_ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Zs./ Larry D. Hertel
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
/sZ J. Worth Fullingim
J. Worth Fullingim, Assistant City
Attorney
CHANGE ORDER NO. 1 TO PROJECT 591305-0001-3113
EN - Carlise Paving - 21st and 25th Streets
TO: Williams and Peters Construction Co., Inc.
P.O. Boy, 5215
Lubbock, Texas 79417
Gentlemen:
WHEREAS, it is desirable to make changes in the plans and
specifications for this project, being namely the addition of the
following:
Curb and Gutter and
Driveway Approaches on Avenue G
from 2nd Place to 3rd Place and
from 29th Street to 30th Street
WHEREAS, the Contractor herein agrees to the following change:
Orginial Amount of Contract $63,687.50
Increased by Change Order No. 1 9,617250
Total Amount of Contract $73,305.00
15 Additional working days is allowed with this Change Order.
THIS AGREEMENT WITNESSETH: In consideration of the mutal
advantages gained, the Owner and the Contractor agree to the change
shown herein and in the revised plans, the Owner agrees to pay the
Contractor the amount of increase in cash. The Contractor agrees to
proceed with construction and to adhere to applicable specifications,
under the direction of the Engineer. Furthermore, the parties agree that
the original contract between the Owner and the Contractor shall be
modified to the extent herein indicated, including one (1) attachment.
IN WITNESS WHEREOF, the Owner and the Contractor have hereto set
their hands this 26th day of March, 1992.
March 26, 1992
Page 191
WILLIAMS & PETERS CONSTRUCTION CO., INC.
(Contractor)
By:/ss/Carlton Peters
Title: Vice President
CITY OF LUBBOCK
(Owner)
By:/s/ B. C. McMinn
B. C. McMinn, Mayor
RECOMMENDED FOR APPROVAL
/s/ Larry Hertel
Larry Hertel, City Engineer
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
ATTEST:/s/ Ranette Boyd
Ranette Boyd, City Secretary
CHANGE ORDER NO. i
TO
PROJECT NO. 591305-0001-31I3
(EN - Carlise Paving - 21st and 25th Streets)
Change Order No. 1 Consists of the Curb and Gutter and Flatwork on
Avenue G from 2nd Place to 3rd Place and Curb and Gutter on Avenue G
from 29th Street to 30th Street as Follows:
1. Add 1,565 LF to Item No. 2 for 24"
concrete curb and gutter at $5.75/LF = $ 8,998.75
2. Add 225 SY of 4" thick concrete driveway
approaches as Item No. 3 at
$2.75/S`r' = 618.75
TOTAL CHANGE ORDER NO. 1 AMOUNT = 9,617.50
ORIGINAL CONTRACT AMOUNT = $63,687.50
NEW CONTRACT AMOUNT = $73,305.00
This change order is for construction of curb,
gutter and driveway approaches on Avenue G from 2nd
Place to 3rd Place and from 29th Street to 30th
Street in the amount of $14,000 from CD funds.
Lubbock County will construct the asphalt paving on
this project. Staff recommended approval.
Motion was made by Councilwoman Baker, seconded by
Councilwoman Trejo to authorize Resolution #3836 as
recommended by Staff. Motion carried: 6 Yeas; 0
Nays.
March 25, 1992
Page 192
92-51A-192-151
( 9•)
Garza County, Texas_.
RESOLUTION #3837
WHEREAS, the City Council of the City of Lubbock finds the public
convenience and necessity requires the acquisition of the fee simple
title to certain lands, easements in certain lands and various interests
in lands, all as hereinafter set forth for the public municipal purposes
of enlarging its water system, including water supply reservoirs, to
construct and reconstruct, repair, maintain and operate such water
system wells, dams, and to construct necessary facilities and
appurtenances in connection therewith, and laying out pipelines and
pumps and other necessary appurtenances for the transmission of an
abundant supply of fresh water to the City of Lubbock; and
WHEREAS, the City Council of the City of Lubbock determines that
it is the interest of the public health and welfare to bring a
proceeding in eminent domain pursuant to Sections 402.011, 402,013,
402.017 and 251.001 respectively of the Local Government Code of the
State of Texas, Sections 11.033 and 11.035 of the Texas Water Code,
Chapter 1, Article II, Section 9 of the Charter of the City of Lubbock,
and Chapter 21 of the Texas Property Code, governing procedure in such
an eminent domain proceeding of this type; and,
WHEREAS, there exists a title dispute over the land and property
interests which the City of Lubbock needs to acquire for the public
municipal purposes hereinabove stated which renders it impossible for
the City of Lubbock to reach an agreement with the owners of the land
and property interest herein involved because different possible owners
claim the same property so the City of Lubbock of practical and legal
necessity (to protect itself from paying twice for the same land or
property interest) cannot under law settle the title disputes existing
between such possible owners. Since such title disputes have not been
settled, the City of Lubbock has been unable to agree with such possible
owners on the damages pursuant to Section 21.012(B)(4) of the Texas
Property Code; and,
WHEREAS, the various possible owners of the land involved in this
condemnation proceeding claim an interest in said property by virtue of
three (3) instruments of title transfer or as a transferee, assignee, or
heir under such instruments, such basic instruments are described as
follows:
1. A Divorce and Partition Decree in the matter of Mattie
Justice v. Jeff D. Justice, No. 283 in the 72nd District
Court of Garza County, Texas, dated March 16, 1925, recorded
in Volume 2, Page 20 of the records of said Court, reference
being made thereto for all pertinent purposes.
2.. A Deed from Jeff D. Justice to Mattie
15, 1925, recorded at Volume 28, Page
County, Texas Deed Records, reference
all pertinent purposes.
3.. A Deed from Mattie Justice to Jeff D.
15, 1925, and recorded at Volume 28,
County, Texas Deed Records, reference
all pertinent purposes.
Justice dated March
389 of the Garza
being made thereto for
Justice dated March
Page 392 of the Garza
being made thereto for
March 25, 1992
Page 193
Said various possible owners claim interests in said land as heirs
and/or successors in title to the said Jeff D. Justice, individually, or
Mattie Justice, individually, or jointly from both of them in some
instances, and there exists title disputes and conflicts between the
land interest of said various possible owners of said land which render
it impossible for the City of Lubbock to protect itself from paying
twice to possible owner claimants of the same property if agreement were
made with such possible owners as to purchase ❑f such conflicting
interests in land; and
WHEREAS, by reason of such conflicts in interests in land and
title disputes, the City of Lubbock is not required to acquire land
and/or property interests from and/or to settle with part of the
disputants at, the risk ❑f paying twice for the same property under the
case of Rabb v. La Feria Mut. Canal Co., 130 S.W. 916, Tex.Civ.App.
1910, Error Refused at pages 918-919 of said opinion, hence, because of
the magnitude! and complexity ❑f such land interest conflicts and title
disputes as hereinabove set forth, it is impossible for the City of
Lubbock to reach an agreement with said various possible owners as
aforesaid and/or to make offers of purchase to said possible owners for
the reasons aforesaid; and
WHEREAS, the City Council ❑f the City of Lubbock now finds the
public convenience requires that it proceed in eminent domain for the
purposes hereinabove stated; NOW THEREFORE;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTIONI 1. In order to avoid repetition, the City of Lubbock
definers certain terms hereinafter used in this Resolution as follows:
;1;j FLOOD EASEMENTS AND RESTRICTIVE EASEMENTS:
Flood easements and restrictive easements from elevation
2220 feet above mean sea level to elevation 2245 feet above
mean sea level, (except in Section 20, Block 6, H. & G. N.
R.R. Co. Survey, Garza County, Texas, the elevation is from
21220 feet above mean sea level to 2250 feet above mean sea
level) which easement grants the City of Lubbock (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 the City of
Lubbock ❑f its proposed John Montford Dam and the Lake Alan
Henry 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 ❑r dispose ❑f any timber, brush, obstruction,
accumulation, trash, filth ❑r 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 ❑r unsanitary and t❑ prevent the drainage or
dumping of refuse, sewage or ❑ther material into such
reservoir and to carry out an adequate program of pollution
control; and (c) the right to prevent the construction of,
❑r the removal, with due notice, ❑f any structure ❑r
facility located or to be located on said land. Structures
and facilities are defined as waterwells, septic systems,
cesspools, barns, sheds, places of habitation, and boat
docks, but shall not include pens, gates, fences,
cattleguards ❑r boat ramps. All structures constructed and
maintained by the possible landowners shall be at the
possible landowners' risk with regard to flooding by the
City of Lubbock's reservoir.
March 26, 1992
Page 194
(2) RESTRICTIVE EASEMENTS:
Restrictive easements on such portion of the land which is
between elevation 2245 feet above mean sea level and 300
feet horizontal distance from elevation 2220 feet above mean
sea level if the 380 feet horizontal distance contains a
larger area of land than is contained between elevations
2220 feet and 2245 feet above mean sea level, which grant
provides the City of Lubbock (a) 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 construction, maintenance and
operation of such John Montford Dam or Lake Alan Henry
Reservoir or tend to render the same unsafe or unsanitary,
and to prevent the drainage or dumping of refuse, sewage or
any other material into such reservoir and to carry out an
adequate program of pollution control; and (b) the right to
prevent the construction of, or the removal of, with due
notice, 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, and boat docks, but shall not include pens,
gates, fences, cattleguards or boat ramps. All structures
constructed and maintained by the possible landowners shall
be at the passible landowners' risk with regard to flooding
by the City of Lubbock's reservoir.
f3;� WATER RIGHTS:
Water rights of whatsoever kind
and all its tributaries and the
Brazos River and its tributaries
regress across adjoining land to
in the ownership of any person,
owner or successor in title to a
thereto under all or any part o
(4) SAND AND GRAVEL RIGHTS:
f
Sand and gravel rights for the purposes of this resolution
include the ownership of beds of Big Sand Creek and its
tributaries and the beds of the Double Mountain Fork of the
Brazos River and its tributaries together with the sand and
gravel located thereon and the right to mine and transport
said sand and gravel, and ingress, egress, and regress for
such purposes and all other ancillary rights of whatsoever
kind or nature in connection with said sand and gravel
mining and transportation operations, all of which legal
rights and interest in property are in the ownership of any
person, firm, or corporation as an owner or successor in
title to an owner claiming title thereto under all or any
part of the instruments referred to in numbered paragraphs
1, 2, and 3 of the preamble of this resolution.
(5) SAND AND GRAVEL AREAS:
Those areas described and referred to and described in those
instruments referred to in numbered paragraphs 1, 2, and 3
of the preamble of this resolution in which sand and gravel
exist and/or lie in the beds of Big Sand Creek and its
tributaries or the beds of the Double Mountain Fork of the
Brazos River and its tributaries, and such areas are areas
which were conveyed to Jeff D. Justice and his heirs and
assigns in connection therewith as to the beds of said Creek
and said River and the sand and gravel therein contained in
said beds of said Creek and said River.
March 26, 1992
Page 195
SECTION 2. The City Council of the City ❑f Lubbock hereby
determines that it is in the public interest and the public convenience
and necessity requires that the City of Lubbock acquire fee simple title
to land, easements in land, and interests in land from all possible
owners thereof who can be ascertained by said City for the public
municipal purposes ❑f expanding its water system as more fully set forth
in the preamble of this resolution, said necessary acquisitions by the
City of Lubbock being set forth as follows:
PARCEL ONE
City ❑f Lubbock seeks acquisition ❑f land and interests in land in
parts ❑f Sections 3 and 13, Block 6, H. & G. N. R. R. Co. Survey, Garza
County, Texas, collectively, hereinafter called "Parcel One".
The land or interests in land which City ❑f Lubbock seeks to
acquire in Parcel One are as follows:
(1) Fee Simple to land within the sand and gravel areas in
Parcel One referred t❑ as Reservoir Area "B" containing .01
of an acre described in Exhibit No. 4 which is attached
Hereto and made a part hereof.
(2) A flood easement and restrictive easement within the sand
and gravel areas in Parcel One referred to as "Flood
Easement and Restrictive Easement FR1" containing 37.81
acres described in Exhibit No. 5, which is attached hereto
and made a part hereof.
(3) Sand and gravel rights (as hereinabove defined) of persons
owning land or interests in land described in said Exhibits
No. 4 and No. 5 including ingress and egress of any owners
across adjoining land t❑ said sand and gravel areas.
(4) Water rights (as hereinabove defined) of persons owning land
or interests in land described in said Exhibits No. 4 and
No. 5 including ingress and egress of any persons across
adjoining land t❑ such water rights.
(5) The fee simple title to certain land outside the sand and
gravel areas in said Parcel One owned by Appleton Doyle
,Justice has been acquired by Warranty Deed filed at Volume
l.9', Page 993 in the Deed Records ❑f Garza County, Texas, as
l.nstrument No. 910976 reference to which record is hereby
made for all pertinent purposes, and a flood easement and
restrictive easement entitled "Restrictive Easement and
Flood Easement" recorded in Volume 197, Page 999 of the Deed
Records of Garza County, Texas, as Instrument No. 910977 and
reference to which record is hereby made for all pertinent
purposes was also acquired from the said Appleton Doyle
Justice which is located in said Sections 3 and 13 in said
Parcel One, and at the time the acquisitions were made the
right of ingress and egress across his adjoining land to the
water rights in the sand and gravel areas of the said
Appleton Doyle Justice were not obtained and his ingress and
egress rights from the sand and gravel areas across his
adjoining land were not obtained and the City of Lubbock
hereby seeks specifically to acquire his said ingress and
egress rights which were not heretofore obtained as
aforesaid.
March 26, 1992
Page 196
PARCEL TWO
City of Lubbock seeks acquisition of land and interests in land in
parts of Section 11 and 12, Block 6, H. & G. N. R. R. Co. Survey, Garza
County, Texas, collectively, hereinafter called "Parcel Two".
The land or interests in land which City of Lubbock seeks to
acquire in Parcel Two are as follows:
(1) Fee simple title to lands located within the sand and gravel
areas in Parcel Two referred to and described as follows:
Referred to as: No. of Acres: Exhibit No.:
RESERVOIR AREA "RAI" 76.08 ACRES 6
RESERVOIR AREA "RA22"
16.39 ACRES
7
RESERVOIR AREA "RA28"
0.33 ACRES
8
UNUSABLE LAND "OL2"
0.006 ACRES
9
UNUSABLE LAND 1100"
0.00I ACRES
I0
UNUSABLE LAND "B"
I.05 ACRES
II
Exhibits No. 6, No. 7, No. 8, No. 9, No. 10,
and No. 11 as
next -above set forth are
each respectively attached hereto
and made a part hereof.
(2) Flood easements and restrictive easements located within the
sand and gravel areas in
Parcel Two referred
to and
described as follows:
Referred t❑ as:
No. of Acres:
Exhibit No.:
FLOOD AND RESTRICTIVE
EASEMENT "FR2"
0.0I ACRES
12
FLOOD AND RESTRICTIVE
EASEMENT "FR5"
0.57 ACRES
I3
FLOOD AND RESTRICTIVE
EASEMENT "FR6"
3.19 ACRES
I4
FLOOD AND RESTRICTIVE
EASEMENT "FR7"
2.84 ACRES
15
FLOOD AND RESTRICTIVE
EASEMENT "FRB"
0.02 ACRES
16
FLOOD AND RESTRICTIVE
EASEMENT "FR9" 2.20 ACRES 17
FLOOD AND RESTRICTIVE
EASEMENT "FRIO" 0.28 ACRES I8
FLOOD AND RESTRICTIVE
EASEMENT ,FRII" 0.08 ACRES 19
FLOOD AND RESTRICTIVE
EASEMENT "FRI211 0.07 ACRES 20
FLOOD AND RESTRICTIVE
EASEMENT "FRI3" 0.03 ACRES 21
FLOOD AND RESTRICTIVE
EASEMENT 11FRI4" 0.05 ACRES 22
March 26, 1992
Page 197
FLOOD AND RESTRICTIVE
EASENENT "FR15" 0.25 ACRES 23
FLOOD AND RESTRICTIVE
EASENENT "FR16" 0.56 ACRES 24
FLOOD AND RESTRICTIVE
EASENENT "FR17" 0.03 ACRES 25
FLOOD AND RESTRICTIVE
EASENENT "FR18" 0.11 ACRES 26
FLOOD AND RESTRICTIVE
EASENENT 00FR19" 0.33 ACRES 27
FLOOD AND RESTRICTIVE
EASENENT "FR20" 3.34 ACRES 28
FFLOOD AND RESTRICTIVE
EASENENT "FR21" 0.0001 ACRES 29
FLOOD AND RESTRICTIVE
EASENENT 10FR22" 0.03 ACRES 30
FLOOD AND RESTRICTIVE
EASENENT 01FR23" 0.0004 ACRES 31
FLOOD AND RESTRICTIVE
EASENENT "FR24" 0.0009 ACRES 32
FLOOD AND RESTRICTIVE
EASENENT "FR27" 1.05 ACRES 33
FLOOD AND RESTRICTIVE
EASENENT "FR28" 0.26 ACRES 34
FLOOD AND RESTRICTIVE
EASENENT "FR29" 0.08 ACRES 35
FLOOD AND RESTRICTIVE
EASENENT 11FR30" 0.22 ACRES 36
Said Exhibits No. 12-36 (inclusive) as next -above set forth
are each respectively attached hereto and made a part
hereof.
(3), Restrictive easements located within the sand and gravel
areas in Parcel Two referred to and described as follows:
Referred to as: No. of Acres: Exhibit No.:
RESTRICTIVE EASENENT
"RE4"
RESTRICTIVE EASENENT
rr RE5 rr
RESTRICTIVE EASENENT
0.03 ACRES 37
0.18 ACRES 38
"RE6" 0.01 ACRES 39
Exhibits No. 37, No. 38, and No. 39 as next -above set forth
are each respectively attached hereto and made a part
hereof.
(4) Sand and gravel rights (as hereinabove defined) of persons
owning land or interests in land described in said Exhibits
No. 6-39 (inclusive) including ingress and egress of persons
across adjoining land to said sand and gravel areas.
March 26, 1992
Page 198
(5) Water rights (as hereinabove defined) of persons owning land
or interests in land described in said Exhibits No. 6-39
(inclusive) including
ingress and egress of
persons across
adjoining
land
to such
water rights.
(b) Fee simple title to lands
located outside
the sand and
gravel areas in Parcel
Two referred to and
described as
follows:
Referred to as:
No. of Acres:
Exhibit No.:
RESERVOIR
AREA
"RA2"
0.05
ACRES
40
RESERVOIR
AREA
"RA3"
0.10
ACRES
41
RESERVOIR
AREA
"RA4"
0.06
ACRES
42
RESERVOIR
AREA
"RA4A"
0.0004
ACRES
43
RESERVOIR
AREA
"RA5"
3.98
ACRES
44
RESERVOIR
AREA
"RA6"
I.I6
ACRES
45
RESERVOIR
AREA
"RA7"
0.70
ACRES
46
RESERVOIR
AREA
"RA8"
1.63
ACRES
47
RESERVOIR
AREA
"RA9"
5.73
ACRES
48
RESERVOIR
AREA
"RAIO"
0.57
ACRES
49
RESERVOIR
AREA
"RAIL"
0.0005
ACRES
50
RESERVOIR
AREA
"RAI2"
0.00I
ACRES
51
RESERVOIR
AREA
"RAI3"
0.007
ACRES
52
RESERVOIR
AREA
"RAI4"
0.20
ACRES
53
RESERVOIR
AREA
"RAI5"
0.2I
ACRES
54
RESERVOIR
AREA
"RA16"
0.05
ACRES
55
RESERVOIR
AREA
01RA17"
0.007
ACRES
56
RESERVOIR
AREA
"RAI8"
0.00I
ACRES
57
RESERVOIR
AREA
"RAI9"
0.06
ACRES
58
RESERVOIR
AREA
"RA20"
0.II
ACRES
59
RESERVOIR
AREA
"RA2I"
4.82
ACRES
60
RESERVOIR
AREA
"RA23"
9.20
ACRES
6I
RESERVOIR
AREA
"RA24"
3.87
ACRES
fit
RESERVOIR
AREA
"RA25"
0.I7
ACRES
63
RESERVOIR
AREA
"RA26"
0.75
ACRES
64
RESERVOIR
AREA
"RA27"
0.0I
ACRES
65
RESERVOIR
AREA
"RA29"
0.007
ACRES
66
UNUSABLE LAND "ULI"
0.77
ACRES
67
Said Exhibits No. 40-67 (inclusive) are attached hereto and
made a part hereof.
March 26, 1992
Page 199
(7) Flood easements and restrictive
easements
located outside
the sand and gravel areas in Parcel
Two referred to and
described as follows:
Referred to as:
No. of Acres:
Exhibit No.:
FLOOD AND RESTRICTIVE
EASEMENT "FRI"
56.41
ACRES
68
FLOOD AND RESTRICTIVE
EASEMENT "FR3"
33.32
ACRES
69
F'LGOD AND RESTRICTIVE
EASEMENT "FR4"
12.41
ACRES
70
FLOOD AND RESTRICTIVE
EASEMENT "FR25"
0.002
ACRES
72
FLOOD AND RESTRICTIVE
EASEMENT "FR26"
66.30
ACRES
72
FLOOD AND RESTRICTIVE
EASEMENT "D"
0.I4
ACRES
73
Said Exhibits No. 68-73
(inclusive)
are attached hereto and
made a part hereof.
(8) Restrictive easements located outside
the
sand and gravel
areas in Parcel Two referred to
and described as follows:
Referred to as:
No —of Acres:
Exhibit No.:
RESTRICTIVE EASEMENT
"REI"
4.93
ACRES
74
RESTRICTIVE EASEMENT
"RE2"
0.01
ACRES
75
RESTRICTIVE EASEMENT
"A"
4.25
ACRES
76
RESTRICTIVE EASEMENT
118"
I4.07
ACRES
77
RESTRICTIVE EASEMENT
"C"
18.43
ACRES
78
RESTRICTIVE EASEMENT
"D"
20.82
ACRES
79
RESTRICTIVE EASEMENT
"Eli
I.48
ACRES
80
RESTRICTIVE EASEMENT
"G"
0.I7
ACRES
81
RESTRICTIVE EASEMENT
"Hit
0.09
ACRES
82
RESTRICTIVE EASEMENT
"J"
2.7I
ACRES
83
RESTRICTIVE EASEMENT
711
0.67
ACRES
84
RESTRICTIVE EASEMENT
"Lit
0.20
ACRES
85
RESTRICTIVE EASEMENT
limit
0.82
ACRES
86
March 26, 1992
Page 200
RESTRICTIVE EASEMENT
"N" 0.64 ACRES 87
RESTRICTIVE EASEMENT
Uoll 0.94 ACRES 88
RESTRICTIVE EASEMENT
"P" 0.78 ACRES 89
RESTRICTIVE EASEMENT
"Q" I.20 ACRES 90
Said Exhibits No. 74-90 (inclusive) are attached hereto and
made a part hereof.
(9) Ingress and egress of persons across land described in
Exhibits No. 40-90 (inclusive) in connection with their
respective water rights and sand and gravel rights.
PARCEL THREE
City of Lubbock seeks acquisition of land and interests in land in
parts of the North 1/2 of Section 20, Block 5, H. G. N. R. R. Co.
Survey,, Garza County, Texas, collectively, hereinafter called "Parcel
Three".
The land or interests in land which City of Lubbock seeks to
acquire in Parcel Three are as follows:
(1) Fee simple title to lands located within the sand and gravel
areas in Parcel Three referred to and described as follows:
Referred
to as:
No. of Acres:
Exhibit No.:
RESERVOIR
AREA "A"
4.29 ACRES
91
RESERVOIR
AREA "B"
6.82 ACRES
92
Said Exhibits No. 91 and 92 are attached hereto and made a
part hereof.
(2), Flood easements and restrictive easements located within the
sand and gravel areas in Parcel Three referred to and
described as follows:
Referred to as:
FLOOD AND RESTRICTIVE
EASEMENT "FRY"
FLOOD AND RESTRICTIVE
EASEMENT "FR7"
No. of Acres: Exhibit No.:
79.97 ACRES 93
2.45 ACRES 94
Said Exhibits No. 93 and 94 are attached hereto and made a
part hereof.
(3) Sand and gravel rights (as hereinabove defined) of persons
owning land or interests in land described in said Exhibits
No. 91-94 (inclusive) including ingress and egress of
persons across adjoining land to said sand and gravel areas.
(4) Water rights (as hereinabove defined) of persons owning land
or interests in land described in said Exhibits No. 91-94
(inclusive) including ingress and egress of persons across
adjoining land to such water rights.
March 26, 1992
Page 201
(5) Flood easements and restrictive easements located outside
the sand and gravel areas in Parcel Three referred to and
described as follows:
Referred to as:
FLOOD AND RESTRICTIVE
EASEMENT "FRI"
FLOOD AND RESTRICTIVE
EASEMENT "FR2"
FLOOD AND RESTRICTIVE
EASEMENT 1fFR4"
FLOOD AND RESTRICTIVE
EASEMENT "FR5"
FLOOD AND RESTRICTIVE
EASEMENT "FR6"
FLOOD AND RESTRICTIVE
EASEMENT 00FR8"
No. of Acres: Exhibit No.:
58.93 ACRES 95
1.86 ACRES 96
54.36 ACRES 97
0.14 ACRES 98
0.06 ACRES 99
0.70 ACRES 100
Said Exhibits No. 95-100 (inclusive) are each respectively
attached hereto and made a part hereof.
(6) Ingress and egress of persons across land described in said
Exhibits No. 95-100 (inclusive) in connection with their
respective water rights and sand and gravel rights.
PARCEL FOUR
City of Lubbock seeks acquisition of land and interest in land in
parts of the South 1/2 of Section 20, Block 6, H. & G. N. R. R. Co.
Survey, Garza County, Texas, collectively, hereinafter called "Parcel
Four".
The land or interests in land which City of Lubbock seeks to
acquire 'in Parcel Four are as follows:
(1) Fee simple title to lands located within the sand and gravel
areas in Parcel Four referred to and described as follows:
Referred
to as:
No. of Acres:
Exhibit No.:
RESERVOIR
AREA "C"
4.96 ACRES
101
RESERVOIR
AREA "D"
27.19 ACRES
202
Said Exhibits No. 101 and 102 are attached hereto and made a
part hereof.
March 26, 1992
Page 202
(2) Flood easements and restrictive easements located within the
sand and gravel areas in Parcel Four referred to and
described as follows:
Referred to as:
FLOOD AND RESTRICTIVE
EASEMENT "FRIO"
FLOOD AND RESTRICTIVE
EASEMENT "FRII"
FLOOD AND RESTRICTIVE
EASEMENT "FRI2"
FLOOD AND RESTRICTIVE
EASEMENT "FRI3"
No. of Acres: Exhibit No.:
9.06 ACRES 103
8.76 ACRES I04
0.50 ACRES I05
3.73 ACRES 106
Said Exhibits No. 103-106 (inclusive) are each respectively
attached hereto and made a part hereof.
(3) Sand and gravel rights (as hereinabove defined) of persons
owning land or interests in land described in Exhibits No.
101-106 (inclusive) including ingress and egress of persons
across adjoining land to said sand and gravel areas.
(4) Water rights (as hereinabove defined) of persons owning land
or interests in land described in Exhibits No. 101-106
(inclusive) including ingress and egress of persons across
adjoining land to such water rights.
('5) Flood easements and restrictive easements located outside
the sand and gravel areas in Parcel Four referred to and
described as follows:
Referred to as:
FLOOD AND RESTRICTIVE
EASEMENT 11FR9"
FLOOD AND RESTRICTIVE
EASEMENT "FRI4"
FLOOD AND RESTRICTIVE
EASEMENT "FRIS"
No. of Acres: Exhibit No.:
16.33 ACRES 107
86.47 ACRES 108
0.01 ACRES 109
Said Exhibits No. 107-109 (inclusive) are each respectively
attached hereto and made a part hereof.
(6) Ingress and egress of persons across land described in said
Exhibits No. 107-109 (inclusive) in connection with their
respective water rights and sand and gravel rights.
SECTION 3. City of Lubbock is excluding from this acquisition in
eminent domain all the oil, gas, and other hydrocarbons that are
presently existing or can be found in, an, and under the land being
herein acquired with no right of the possible landowners remaining to
explore or drill for ail, gas, or other hydrocarbons from the surface of
the land being herein acquired for public municipal purposes.
March 26, 1992
Page 203
SECTION 4. There being no practical or legal necessity for the
City of Lubbock to make any offer of purchase to the possible owners of
the land and/or interest in land for the reasons stated in the preamble
of this resolution, the City Attorney of the City of Lubbock is hereby
authorized and directed to institute proceedings in eminent domain to
acquire for the City of Lubbock the fee simple title to land, easement
titles to land, and interests in land as hereinabove set forth in the
106th District Court of Garza county, Texas, for the public municipal
purposes as set forth in the preamble of this resolution.
Passed by the City Council this 26th day of March, 1992.
/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:
s J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
Copies of the Fee Simple Titles and Easements are filed with Resolution
No. 3837,.
In 1925, Jeff Justice, owner of several sections of
land south and east of Justiceburg, Texas, divorced
his wife, Mattie Justice and as part of the property
settlement, reserved through a metes and bounds
survey the rights to a strip of sand and gravel
along the bottom of the Brazos River and Sand Creek.,
These sand and gravel rights are mixed in with Fee
Simple and Easement land needed for Lake Alan Henry.
According to Staff memo, after several months of
research and study into the ownership and type of
conveyance of these rights, the only satisfactory
method of determining ownership questions was to
petition the court through condemnation in Garza
County. The sand and gravel rights owners claim the
process was a fee simple ownership conveyance; and
the present fee simple property owners claim that
the process was an easement conveyance. The fee
simple owners are Odie Hood in Section 20; Doyle
Justice in Sections 3 and 13; and Jim and Barbara
Boren, Carol Sue Reed, and the Snyder National Bank
in Sections 11 and 12. The sand and gravel rights
owners total at least 35. This Resolution also
includes unknown heirs or interest owners which
could surface in the future.
The acreage amounts needed in these sections are as
follows:
Sections 3 and 13: Fee simple - 0.1 acres
and Flood and Restrictive Easement - 37.81
acres. Both of these are in the sand and
gravel rights area.
March 26, 1992
Page 204
Section 20: In sand and gravel rights
area - fee simple - 114.57 acres and Flood
and Restrictive Easement - 33.16 acres.
Not in sand and gravel rights area - fee
simple - 16.33 acres and Flood and
Restrictive Easement - 202.53 acres.
Sections 11 and 12: In sand and gravel
rights area - fee simple - 93.857 acres,
Flood and Restrictive Easement 15.6014
acres, and Restrictive Easement - .22
acres. Not in sand and gravel rights area
- fee simple - 34.2239 acres, in Flood and
Restrictive Easement - 168.582 acres, and
Restrictive Easement - 72.21 acres.
Total in all five sections: Fee simple
258.9909, Flood and Restrictive Easement
457.6834, and Restrictive Easement -
72.43.
In addition to the Fee Simple and Easement
Conveyances, Staff is requesting the ingress and
egress rights across the land as well as the water
rights to the sand and gravel areas.
Because of the complexity of this acquisition, the
Legal Staff will petition the Garza District Court
through condemnation for the properties located in
the sand and gravel rights areas and outside of
these areas. The Court will identify the type
conveyances for sand and gravel rights (fee simple,
easement, or just the right to mine for sand and
gravel), the owners of the properties, and will
determine the values.
Bill Noble, MAI, will soon begin appraising these
properties and report to Staff. Staff memo
indicated that the maximum the property could be
worth under the last acquisition scenario ($800 fee
simple and $100 easement value) would be $800 x
258.9909 acres = $207,192.72 and $100 x 530.1134
acres = $53,011.34 for a total of $260,204.06.
However, this amount could vary depending on the
Court decision and Mr. Noble's appraisal.
Staff recommended Council approval of this
Resolution petitioning the Garza County Court for
condemnation in these five sections.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Aderton to authorize Resolution #3837
as recommended by Staff. Motion carried: 6 Yeas; G
Nays.
March 26, 1992
Page 205
92-51A-205-152
(10.)
RESOLUTION #3838
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 HOPE
III Implementation Grant Application for the year 1992 and related
documents; and
THAT the City Council of the City of Lubbock hereby authorizes
said Implementation Grant Application to contain local matching funds
that consist of personal property in the form of houses severed from the
land which are currently owned by the City, for use in the HOPE III
Homeownership Program equaling the predetermined sum of not less than
$280,000.00. Said application is attached herewith and shall be spread
upon the rn notes of the Council and shall constitute and be a part of
this Resolution as if fully copied herein in detail.
Passed by the City Council this 26th day of March, 1992.
/s/ B. C. _McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Sandy -Ogletree
Sandy Ogletree, Community Development
Administrator
APPROVED AS TO FORM:
s Dennis W., McGill
Dennis W. McGill, Trial Attorney
A copy of the HOPE III Implementation Grant Application is filed with
Resolution No, 3838.
According to Staff memo, the Cranston -Gonzalez
Affordable Housing Act, created the Homeownership
Opportunities for People Everywhere (HOPE). The
City of Lubbock has prepared an application for
funding under this program which is designed to
increase affordable homeownership opportunities for
low and moderate income families. (The maximum
grant to a City is $1 million and the grants are
awarded on a competitive basis.)
March 26, 1992
Page 206
The HOPE III Program is a replacement for the Urban
Homesteading Program and although they are similar,
significant differences include:
1. A local match requirement of 33%.
2. A requirement that a local
non-profit must participate with the
City in the program, and
3. Additional homeownership activities
eligible under HOPE III, i.e., down
payment and closing costs subsidy
programs.
The City of Lubbock's proposed grant is for $1
million, and the application includes three major
components:
1. Urban Homesteading for $510,000
which proposes t❑ purchase 20 FHA/VA
foreclosed properties and provide
them to qualified homebuyers.
2. The rehabilitation of City donated
structures which are relocated to
available Urban Renewal lots,
rehabilitated, and sold to new
homeowners. The estimated cost of
this component is $300,000.
3. $20,000 is the Down Payment
Assistance program for ten
homebuyers under the City's existing
Affordable Housing program.
The City's proposal is in cooperation with Guadalupe
Economic Services, Inc., and in ❑rder t❑ satisfy the
requirement of a nonprofit participant Guadalupe
will administer the nurturing and homeownership
training course and ongoing property monitoring for
the subcontract amount of $10,000.
The proposed match is approximately $330,000 and
will be comprised of ten City -owned donated
structures which can be rehabilitated and sold under
the HOPE III Program. It is proposed that the
properties being purchased under the Indiana Avenue
Right -Of -Way project be utilized as the local match
as the current appraised value of these properties
is eligible to meet the match component. Staff
noted that if these houses are used as the local
match, they will be removed from Indiana before
Staff needs the right-of-way for widening.
The HOPE application has been reviewed by the
Neighborhood Redevelopment Commission at their
February and March meetings and was recommended for
Council approval by the Commission and City Staff.
Motion was made by Councilwoman Trejo, seconded by
Mayor Pro Tem Patterson to authorize Resolution
#3838 as recommended by Staff. Motion carried: 5
Yeas; 0 hays.
March 26, 1992
Page 207
92-51A-207-153
(11.) Consider Resolution #3839 authorizing the Mayor to
execute the 1992 HOME Investment_Partnershi_p Program
Application and all related documents.
RESOLUTION #38�
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
application for the HOME Investment Partnership Program for the year
1992 and related documents, which Application is 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 26th day of March, 1992.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Sandy Ogletree
Sandy Ogletree, Community Development
Administrator
APPROVED AS TO FORM:
IsZ Qennis W. McGill
Dennis W. McGill, Trial Attorney
A copy of the HOME Investment Partnership Program Grant Application is
filed with Resolution No. 3839.
The HOME Investment Partnership Program was approved
under the National Affordable Housing Act (November,
1990). The federal appropriation of $1.5 billion is
currently being allocated to cities by formula, and
the City of Lubbock's allocation is $1,066,000.
One of the goals of HOME is to provide local
governments with the flexibility to decide which
kind of housing assistance or mix of assistance is
most appropriate to meet housing needs.
HOME funds may be used to develop and support
affordable housing, including tenant based rental
assistance, assistance to first-time homebuyers and
existing homebuyers, property acquisition, new
construction, reconstruction, moderate or
substantial rehabilitation, site improvements,
demolition, relocation expenses and other reasonable
and necessary expenses related to development of
non -luxury housing. The statute provides a
preference for rehabilitation and in order for the
City to utilize HOME funds for new construction,
additional criteria must be followed.
March 26, 1992
Page 208
HOME funds can only he utilized to assist low income
households. Administrative costs are not eligible
and in addition, each participating jurisdiction
must reserve at least 15% ❑f funds for housing t❑ he
developed, sponsored, or owned by community housing
development organizations (CHDO's). CHDO's are
private, non-profit organizations regulated by
federal requirements and the City has 18 months to
commit funding to a CHDO in the amount of $159,900.
The program description states that the City will
follow the goals, objectives, and strategies
identified in the CHAS with emphasis on assistance
to existing homeowners, the elderly, and new
homeownership opportunities. The description does
not include specific program designs or budget
figures as these will be developed and reviewed by
the Neighborhood Redevelopment Commission.
Staff recommended approval.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Aderton to authorize Resolution #3839
as recommended by Staff. Motion carried: 5 Yeas; 0
Nays.
92-51A-'208-154
(12.) Consider setting the date and time for the Emergency
Shelter Grant Program Public Hearing.
The City of Lubbock has submitted an application to
the U.S. Department of Housing and Urban Development
for the Emergency Shelter Grant Program to assist
the homeless in Lubbock. A Request for Proposals,
published in the Lubbock Avalanche Journal, invited
non-profit agencies to submit applications for
funding. In addition, a copy of the RFP was mailed
directly t❑ area ❑rganizations which assist or come
int❑ contact with Lubbock's homeless. The proposals
will be reviewed and recommendations for funding
will be brought to the City Council for their
consideration.
As part of the application process, the City Council
conducts one public hearing to receive comments ❑n
the proposed allocation of the Emergency Shelter
Grant funds. Staff recommended the time and date
for the public hearing for April 9, 1992 at 10:30
a.m.
Motion was made by Councilwoman Baker, seconded by
Mayor Pro Tem Patterson t❑ set the date and time for
the Emergency Shelter Grant Program Public Hearing
for April 9, 1992 at 10:30 a.m. as recommended by
Staff. Motion carried: 6 Yeas; 0 days.
March 26, 1992
Page 209
92-51A-209-155
(13.)
RESOLUTION #3840
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
Interlocal Cooperation Agreement by and between the City of Lubbock and
the County of Lubbock, attached herewith, which shall be spread upon the
minutes of the Council and as spread upon the minutes of this Council
shall constitute and be a part of this Resolution as if fully copied
herein in detail.
Passed by the City Council this 25th day of March, 1992.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS 'TO CONTENT:
s Sanly Ogletree
Sandy Ogletree, Community Development
Administrator
APPROVED AS TO FORM:
s Denri i s W. McGill
Dennis W. McGill, Trial Attorney
INTERLOCAL COOPERATION AGREEMENT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT is entered into on the 26th day of March, 1992, by
and between Lubbock County, Texas (hereafter referred to as "County")
and the City of Lubbock, Texas (hereafter referred to as "City"), both
parties being politcal subdivisions and local governments of the State
of Texas, pursuant to the authority granted and in compliance with the
provisions of the Interlocal Cooperation Act, Article 4413 (32c) Tex.
Rev. Civ. Stat. Ann. (Vernon's 1976) Chapter 362 of the Local Government
Code of the State of Texas and in furtherance ❑f the responsibilities of
said parties as provided under the law.
I. DEFINITIONS
(1) "local government" means a county; a home rule city,
village, or town organized under the general laws of this
state; a special district; a school district; a junior
college district; any other legally constituted political
subdivision ❑f the State of Texas or any adjoining state; or
a combination ❑f political subdivisions.
March 26, 1992
Page 210
(2) "governmental functions and services" means all or part of
any function or service included within the following
general areas: police protection and detention services;
fire protection; streets, roads and drainage; public health
and welfare; parks; recreation; library services; museum
services; waste disposal; planning; engineering;
administrative functions; and such other functions which are
❑f mutual concern t❑ the contracting parties.
(3) "administrative functions" means functions normally
associated with the routine ❑peration ❑f government such as
tax assessment and collection, personnel services,
purchasing, data processing, warehousing, equipment repair,
and printing.
(4) "party" means a county, municipality, state agency, ❑r other
political subdivision ❑f this State wh❑ either requests
mutual aid pursuant to this Agreement ❑r responds t❑ such
request for aid and is signatory to this Agreement.
(5) "municipality" means any city or town, including a home rule
city ❑perating under the general law or a special charter.
(6) "chief administrative officer" means the mayor ❑r city
manager of a municipality or the county judge.
II. PURPOSES
The purpose ❑f this Agreement is to cooperate in order t❑ provide
street paving and to maintain public ways used for vehicular traffic
within the bounds of Lubbock County.
The services performed and expenditures made pursuant to this
Agreement shall be deemed for public and governmental purposes.
The specific purposes ❑f the Agreement include cooperation in the
construction ❑f curb and gutter and street paving improvements on Avenue
G from 2nd Place t❑ 3rd Place and Avenue G from 29th Street to 30th
Street.
III. AUTHORIZATION
(1) This Agreement shall be duly authorized by the governing
body ❑f each chief administrative ❑fficer who signed herein.
If a governing body fails to authorize such Agreement, then
this Agreement shall be considered null and void.
(2) The authority ❑f the parties pursuant to this Agreement
includes compliance with the rules, regulations, and
requirements of the City and the County.
(3) The funding required to complete the activities as proposed
will be in conformance with all applicable guidelines and
regulations associated with the Community Development Block
Grant Program. The payment of the described work will be
provided by the CDBG Program. All described work will be
located in the defined CDBG target area as shown in Exhibit
A.
(4) This is an amendment to an existing contract between the
City ❑f Lubbock and Williams and Peters Construction Company
subject t❑ the same terms and conditions. Improvements
contemplated by this document will be paid for with current
Community Development Block Grant Funds.
March 26, 1992
Page 211
IV. DUTIES
The City will provide the following duties:
(a) area survey and staking
(b) design, plans and specifications of curb & gutter
(c) inspection of curb and gutter construction
(d) materials testing necessary for curb & gutter construction
(e) final approval of curb & gutter construction
The County will provide the following duties:
(a) design, plans and specifications of street paving
(b) inspection of street paving construction
(c:) materials testing necessary for street paving construction
(d) final approval of street paving construction
V. WAIVER AND INDEMNIFICATION
Each party shall indemnify and hold harmless the other party to
this Agreement from all claims by third parties for property damage or
personal) injury which may arise out of activities undertaken while
participating under this Agreement. In lawsuits where either party may
be liablle in part or total for the payment of damages, then any other
party to this Agreement may intervene in such cause of action to protect
its interest.
VI. AMENDMENTS
This Agreement contains all commitments and agreements of the
parties and no other oral or written commitments shall have any force or
effect iif not contained herein. Any proposed amendments shall not be
effective until approved in writing by all parties to this Agreement.
VII. TERM AND EFFECTIVE DATE
This Agreement shall become effective upon signing by both parties
and by the authorized and designated agents of the governing body of
each party. It shall remain in effect until terminated by either party
upon wriitten notice setting forth the date of termination. The parties
agree that each shall have the right to terminate this Agreement upon
ninety (90) days written notice to the other party of this Agreement.
VIII. VENUE
Each party agrees that if legal action is brought under this
Agreement, exclusive venue shall lie in Lubbock County, Texas.
IX. SAVINGS CLAUSE
In the event that one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal or
unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision of this Agreement
and this Agreement shall be construed as if such invalid, illegal or
unenforceable provision had never been contained in this Agreement.
March 26, 1992
Page 212
X. MUTUALITY
IN WITNESS WHEREOF, the parties to this Agreement have executed
this Agreement as of the effective date written below, each respective
party acting by and through its governing body or its designee in the
manner required by each party's charter or otherwise required by law on
the date hereinbelow specified.
SIGNED this 26th day of March, 1992.
CITY OF LUBBOCK
/s/ B. C. McMinn
B. C. McMinn, Mayor
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO FORM:
/s/ Dennis W. McGill
Dennis W. McGill
APPROVED AS TO CONTENT:
/sJ Sandy Ogletree
Sandy Ogletree, Community
Development Administrator
LUBBOCK COUNTY
/s/ Don McBeath
Don McBeath, County Judge
ATTEST:
/s/ Ann Davidson
Ann Davidson, County Clerk
APPROVED AS TD FORM:
/s/ Travis S. Ware
Travis S. Ware, Criminal
District Attorney
A copy of Exhibit A is filed with Resolution No. 3840.
The Interlocal Agreement between the City of Lubbock
and the County of Lubbock will provide cooperative
street paving and public ways for vehicular traffic
use within the bounds of Lubbock County. At all
locations, the County will be responsible for the
street paving, and the City of Lubbock will be
responsible for the curb and gutter paving. The
City's cost associated with this project is $14,000
and includes the following locations:
1. Avenue G from 2nd Place to 3rd
Place; and
2. Avenue G from 29th Street to 30th
Street.
The funding will be provided by the Community
Development Block Grant Program through an amendment
to an existing Contract with William & Peters
Construction Company. The County's portion of the
Interlocal Agreement will be provided by the
in-house resources of Lubbock County.
This is a standard Interlocal Agreement pursuant to
the authority granted and in compliance with the
provisions of the Interlocal Cooperation Act,
Article 4413 (32c) Tex. Rev. Civ. Stat. Ann.
(Vernon's 1976) Chapter 362 of the Local Government
Code of the State ❑f Texas. The funding required to
complete the activities as proposed will be in
conformance with all applicable guidelines and
regulations associated with the Community
Development Block Grant Program.
March 26, 1992
Page 213
92-51A-213-156
(14.)
The Agreement was reviewed by the Lubbock County
Court of Commissioners. Staff recommended approval.
Motion was made by Councilwoman Trejo, seconded by
Mayor Pro Tem Patterson to authorize Resolution
#3840 as recommended by Staff. Motion carried: 6
Yeas; 0 Nays.
Area.
This is a routine sale of property by the Urban
Renewal Agency to Spectrum Construction, Inc., Gary
Patton, President, for $1,570. This property is
properly zoned to be redeveloped as a single-family
residence. This proposed sale was submitted
according to the Marketing Plan for the Guadalupe
Area adopted by the Urban Renewal Board of
Commissioners on October 17, 1989. Staff
recommended approval.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Maloy to accept price and conditions
of sale of Parcel Number 33500-9-230 (S. IV) and
all of 33500-9-240 at 117 North Avenue L in the
Guadalupe Urban Renewal Area. Motion carried: 6
Yeas; 0 Nays.
92-51A-213-157
(15.) Consider the price and conditions of sale of Parcel
Number 33500-15-110 at 114 Avenue K in the Guadalupe
Urban Renewal Area.
This is a routine sale of property by the Urban
Renewal Agency to Spectrum Construction, Inc., Gary
Patton, President, for $300. This property is
properly zoned to be redeveloped as a single-family
residence. This proposed sale was submitted
according to the Marketing Plan for the Guadalupe
Area adopted by the Urban Renewal Board of
Commissioners on October 17, 1989. Staff
recommended approval.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Maloy to accept price and conditions
of sale of Parcel Number 33500-15-110 at 114 Avenue
K in the Guadalupe Urban Renewal Area. Motion
carried: 6 Yeas; 0 Nays.
March 26, 1992
Page 214
92-51A-214-158
(16.) Consider. Resolution #3841 approving Assignment of G.
Greenstreet Inc. Leasehold Interests in the FAA
Hangar at Lubbock International Airport.
RESOLUTION #3841
WHEREAS, the City of Lubbock did enter into a Lease and Sublease
Agreement for the construction ❑f a new forty thousand square foot
hangar at the Lubbock International Airport with G. Greenstreet, Inc. on
the 27th day of September, 1991; and
WHEREAS, said agreement above referred was amended by Amendment
No. 1 to the Lease and Sublease Agreement dated January 27, 1992, and
further amended by Supplemental Agreement No. 1 dated February 13, 1992;
and
WHEREAS, the above Lease and Sublease Agreement, as amended,
provides that G. Greenstreet, Inc. may assign said Lease upon written
approval of the City; and
WHEREAS, said approval is deemed in the best interest of the City;
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City does hereby consent to the Assignment of the Lease
and Sublease Agreement, as amended, which Assignment is set forth in
Exhibit "A" attached hereto and made part ❑f this Resolution for all
purposes, which Exhibit "A" 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 26th day of March, 1992.
IsI B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
IsZ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS Tv CONTENT:
s Bern Casa
Bern Case, Director of Aviation
APPROVED AS TO FORM:
s John-C. Ross, Jr.
John C. Ross, Jr., City Attorney
ASSIGNMENT OF LEASEHOLD INTEREST
This Assignment of Leasehold Interest is made and entered into
this date by and between G. GREENSTREET, INC. ("Assignor"), and GARY
GREENSTREET, TOM BROWN, DON DENTON, and DAVID WOOD ("Assignee").
March 26, 1992
Page 215
WHEREAS, Assignor is the owner of a leasehold interest in and to a
2.79 acre tract of land described on the attached Schedule "A", which in
incorporated herein by this reference as if copied herein in full.
Assignor's leasehold interest arises out of a Lease and Sublease
Agreement entered into by and between the City of Lubbock and G.
Greenstreet, Inc. dated the 27th day of September, 1991, and as amended
by Amendment No. 1 to Lease and Sublease Agreement dated January 27,
1992, and as amended by Supplemental Agreement No. 1 dated February 13,
1992 ("Leases").
WHEREAS, Assignor desires to transfer all its right, title and
interest in and to such Leases to Assignees.
NOW, THEREFORE, for adequate consideration received, the
undersigned agree as follows:
1. TRANSFER. Assignor does hereby transfer all its right, title
and itnerest in and to its leasehold interest in the Leases described on
the attached Schedule "A" to Assignee.
2.. WARRANTY AND REPRESENTATIONS. Assignor does hereby warrand
and represent to Assignee that the Leases are in full force and effect
and than there are no defaults in said Leases or any of the terms
thereof and that Assignor has not received prepayment of any rental as
called for under the terms and conditions of said Leases.
3. ENTIRE AGREEMENT. This Assignment represents the entire
agreement of the parties and no change or modification thereof shall be
valid unless evidenced by an instrument in writing signed by the
parties„
4. BINDING EFFECT. This Assignment shall be binding upon the
undersigned, their heirs, personal representatives, successors and
assigns.
DATED this 18th day of March, 1992.
ASSIGNOR
G. GREENSTREET, INC.
By:/s/ Gary Greenstreet
Gary Greenstreet, President
ASSIGNEE
/s/ Gary Greenstreet
Gary Greenstreet
/s/ Tom Brown
Tom Brown
/s/ Don Denton
Don Denton
/s/ David Wood
David Wood
March 26, 1992
Page 216
SCHEDULE "A1l
All the Leasehold Estate as described in that one certain Lease
and Sublease Agreement entered into by and between the City of Lubbock
and G. Greenstreet, Inc., dated the 27th day of September, 1991, and as
amended by Amendment No. 1 to Lease and Sublease Agreement dated January
27, 1992, and as amended by Supplemental Agreement No. 1 dated February
13, 1992, Governing the following described tract of land, to -wit:
A 2.79 acre tract of land out of Section 28, Block A, Lubbock
County, Texas, and being more particularly described by metes and
bounds as follows, to -wit:
BEGINNING at a 1/2" iron rod, set for the Southwest and beginning
corner of this tract, whence the Southwest corner of Section 24
bears South 00002'00" East, 637.34 feet and South 89059'30" West,
895.20 feet;
THENCE North, 347.50 feet to a 1/2" iron rod, set for the
Northwest corner of this tract;
THENCE East, 350.00 feet to a 1/2" iron rod, set for the Northeast
corner of this tract;
THENCE South, 347.50 feet to a 1/2" iron rod, set for the
Southeast corner of this tract;
THENCE West, 350.00 feet to the point of beginning.
Containing 2.79 acres.
Motion was made by Councilwoman Baker, seconded by
Mayor Pro Tem Patterson to authorize Resolution
#3841 as recommended by Staff. Motion carried: b
Yeas; 0 Nays.
92-51A-215-159
(17.)
March 26, 1992
Page 217
RESOLUTION #3842
BE IT RESOLVED 8Y 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 the limited purposes stated therein, an
agreement entitled "Assignment of Right To Receive Lease Payments and
Agreement Relating To Payments," which agreement directs the City to
make lease payments, due in accordance with that certain Lease and
Sublease Agreement between the City and G. Greenstreet, Inc., dated
September 27, 1991, to a third party all as more fully set forth in said
agreement above described, which agreement attached hereto 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 26th day of March, 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 Johri C. Ross, Jr.
John C. Ross, Jr., City Attorney
ASSIGNMENT OF RIGHT TO RECEIVE LEASE PAYMENTS
AND AGREEMENT RELATING TO PAYMENTS
THIS AGREEMENT is made this 18th day of March, 1992, by G.
GREENSTREET, INC. and GARY GREENSTREET, TOM BROWN, DON DENTON, and DAVID
WOOD, as "Assignors", LUBBOCK NATIONAL BANK as "Assignee" and is jointed
in by the CITY OF LUBBOCK, a municipal corporation as "City".
Assignment of Lease Interest
1. FOR VALUE RECEIVED, Assignors grant, transfer, and assign to
Assignee, and Assignee's successors and assigns, all right, title, and
interest of Assignors to receive all payments for rental to be paid by
the City, arising out of that certain Lease or those certain Leases, with
modifications, if any, described in "Schedule A" attached to this
Assignment.
2. The lease or leases described in attached "Schedule A" cover
premises located at the Lubbock International Airport and more
specifically described in the attached Exhibit "A" made a part hereof
the same as though copied herein in full, and include any extensions of
any such lease or leases and any guarantees of the Lessee's obligations
under any such lease or leases.
3. This Assignment is for the purpose of securing:
(a) Payment of one certain Real Estate Lien Note in the original
principal sum of $600,000.00 from Assignors to Assignee dated March 18,
1992, which obligation is secured by a Deed of Trust dated March 18,
1992.
March 26, 1992
Page 218
(b) Payment ❑f one certain Real Estate Lien Note in the original
principal sum of $600,000.00 from Assignors to any other person that is
secured by any mortgage, deed of trust, ❑r lien ❑f any kind ❑n the
property described in Paragraph 2, above.
(c) Performance by Assignors ❑f each ❑bligation, covenant, and
agreement of Assignors contained in this Assignment or any mortgage,
deed ❑f trust, or lien of any kind on the property described in
Paragraph 2, above.
Assignor's Rights and Duties
4. Assignee shall have the right t❑ collect, but not more than
thirty (30) days prior to accrual, all rents, issues, and profits from
the premises and t❑ retain, use, and enjoy the same, except as noted in
Paragraphs 11 and 17 herein and upon default by Assignors, may collect
more than thirty (30) days prior rent.
5. Assignors have, by this Assignment, immediately, totally,
and unconditionally transferred to Assignee all rights t❑ receive all
payments for rental to be paid by the City arising ❑ut of the lease
listed in "Schedule A" and subject to all the terms and conditions of
the lease listed in "Schedule A".
6. Assignors shall fully perform every condition and covenant
imposed on the lessor by any lease listed in "Schedule A".
T. Assignors and City shall give prompt notice to Assignee of
any Notice of Default by Assignors under any lease listed in "Schedule
A" by providing Assignee with a complete copy of any such Notice.
8. Assignors shall, at the sole cost and expense of Assignors,
enforce, short ❑f termination of the lease, the performance or
observance of every covenant and condition of any lease listed in
"Schedule A" by every lessee under every such lease. Assignors shall not
modify, waive, in any way alter the terms ❑f, terminate, or accept a
surrender of any lease listed in "Schedule A" unless required to do s❑
by the terms of a particular lease.
9. At Assignors sole cost and expense, Assignors shall appear
in and defend any action growing out of or in any manner connected with
any lease listed in "Schedule A" or the obligations ❑r liabilities of
the lessor, any lessee, ❑r any guarantor under any such lease.
Payment of Lease Rental
10. Assignors request that City make and deliver all lease
payments on the Leases described on "Schedule A" due to Assignors, to
Assignee at its place of business which is 4811 - 50th Street, Lubbock,
Lubbock County, Texas 79414.
11. Assignors understand and agree that checks received for
lease payments by Assignee will be deposited into an account at Assignee
in the name of Assignors. Assignors request that Assignee open such an
account fo rthe purpose of facilitating payments. Assignors authorize
Assignee t❑ endorse, negotiate and transfer all checks received from
City to the same extent they could do so for themselves. From said
account, all loan payments, or any other amounts due under the deed of
trust, security agreement, or other amounts due under the deed of trust,
security agreement, or other loan agreements from Assignors to Assignee
will be debited, and so long as no default exists under the terms of the
various loan documents, then in that event, any excess in said account
above the amount required for laon payments will be available for
distribtuion to Assignors by presentation ❑f a properly drawn check or
draft in accordance with signature cards in effect with Assignee at the
time of presentation of such check or draft.
March 26, 1992
Page 219
12. Assignors acknowledge that this is a full and absolute
assignment of all rents due under the terms of the leases described on
"Schedule A" and request that the full amount of all payments to be made
directly to Assignee in the form of checks representing the City's
obligation to pay each rent payment under the leases described on
"Schedule A".
13. This request relative to lease payments on the leases
described on "Schedule A" shall remain in effect during the term of the
Real Estate Lien Note, including all extension thereof, and so long as
any obligations owed to Assignee remain unpiad under the terms of the
above described Real Estate Lien Note or any renewals and extensions
thereof. Said Real Estate Lien Note is for an initial term of five (5)
years and subject to the terms of a commitment letter from Assignee to
Assignors dated January 7, 1992. The Real Estate Lien Note is subject to
renewal and extension for two (2) additional five (5) year terms.
14. Further, Assignors hereby release and agree to indemnify and
hold harmless Assignee, its agents, officers, servants and directors of
and from any and all liability as a result of making any payments of any
excess proceeds above the amount of its note payment to the extent such
payments are made in accordance wit a properly authorized signature card
on file with Assignee at the time said payments are made.
Joinder by City
15. City joins in this Agreement for the sole purpose of
acknowledging the request for payment made herein and the assignment of
the right to receive lease payments, pursuant to the terms and
conditions of the Lease Agreements described on "Schedule A" by
Assignors to Assignee. City agrees that all rental payments due under
the Leases described on "Schedule A" which would otherwise be due and
payable to Assignors shall be paid in accordance with the terms of this
Agreement by making payment of all such rental payments to Assignee. The
City also does hereby consent to the execution by Assignors of a deed of
trust, security agreement, financing statement and any other loan
documents in connection with the $600,000.00 Real Estate Lien Note
described above.
16. Assignors and Assignee do hereby release and agree to
indemnify and hold harmless the City, its City Council, and its agents
of and from any and all liability for payments of rent to be received
under the Leases described on "Schedule A", so long as said rents are
paid in accordance wit the terms of this Agreement.
17'. The Lease Agreement described on "Schedule A" contain a
provision allowing the City to terminate said Lease and to make
prepayments of the Lease. In the event the City elects to so terminate
said Lease, then in that event, at the election of Assignee, all
remaining unpaid principal and any accrued interest on the $600,000.00
Real Estate Lien Note described above shall immediately become due and
payable and all amounts received by Assignors shall be applied to
payment of the remaining balance due on said note. Upon payment of the
entire remaining balance of the note, Assignors and Assignee will take
all necessary action to release any and all claims they may have against
the property covered by the Leases described on "Schedule A".
March 26, 1992
Page 220
18. Assignors warrant that they:
(a) Have not executed any prior assignment of any rights under
any lease listed in "Schedule A".
(b) Have not done anything that might prevent Assignee from or
limit Assignee in operating under any of the provisions of this
Assignment.
(c) Have not accepted rent under any lease listed in "Schedule
A" more than thirty (30) days in advance of its due date.
(d) Know of no present default by any lessee under any lease
listed in "Schedule A".
(e) Know that each lease is in full force and effect, unmodified
except as set: forth in "Schedule A".
Indemnification
19. Assignee shall not be obligated to perform or discharge any
obligation under any lease by reason of this Assignment, and Assignors
hereby agree to indemnify Assignee against and hold it harmless from all
liability, loss, or damage that it may incur under any lease or by
reason of this Assignment. This indemnity provision expressly includes,
but is niot limited to, any obligation to defend and hold Assignee
harmless from all claims and demands that may be asserted against it by
reason of any alleged obligations or undertaking on its part to perform
or discharge any of the terms of any lease regardless of the merits of
any asserted claim or demand. Should Assignee incur any such liablity,
loss, or damage under any lease, or under or by reason of this
Assignment, or in defense against any such claims or demands, the amount
of any such liability, loss, or damage, plus any costs, expenses, and
reasonable attorney's fees, together with interest on these at six (6)
percent per annum, shall be secured by this Assignment unless Assignors
shall immediately upon demand reimburse Assignee the total sum due under
this provision.
Election of Remedies
20. Simultaneously with the execution of this Assigment,
Assignors have executed a deed of trust, security agreement, financing
statement and other agreements relating to the Real Estate Lien Note
described above. Assignors agree that in the case of default of payments
of the note secured by these various agreements or in the performance of
the obligations contained in these agreements, Assignee, at its option
and without limiting or affecting any rights or remedies conferred upon
Assignee by said agreements, may exercise any and/or all of the rights
and remedies conferred by said agreements, either concurrently or in the
order as it may determine in its sole discretion.
Successors and Assigns
21. This Assignment shall inure to the benefit of the sucessors
and assigns of Assignee and shall bind Assignors legal representatives,
successors, and assigns.
March 26, 1992
Page 221
Notices
22. The parties agree that all notice, demands, or documents
that are required ❑r permitted to be given ❑r served under this
Assignment shall be in writing and shall be deemed given when sent by
certified mail addressed as follows:
Assignors: G. Greenstreet, Inc.
7606 University Avenue
Lubbock, Texas 79423
Gary Greenstreet, Tom
and David Wood
7606 University Avenue
Lubbock, Texas 79423
Assignee: Lubbock National Bank
P.Q. Box 6100
Lubbock, Texas 79493
City: City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
Brown, Don Denton
Duration of Assignment
23�. This Assignment shall become void and of no effect when
Assignors have paid in full all indebtedness to Assignee secured by the
Real Estate Lien Note and secured by the mortgage or deed of trust
referred to in Paragraph 3(a), above. At that time, Assignee will
execute documents prepared and presented t❑ it by Assignors for
recording or filing to show full satisfaction or full release of this
Assignment as well as the mortgage or deed of trust referred to in
Paragraph 3(a) above.
Miscellaneous
24. 'This Agreement is executed in conjunction with other loan
documents of even date herewith and shall be construed in accordance
with said agreements.
25. In the event that attorney's fees or other costs are
incurred) to secure performance of any of the obligations herein provided
for, or to establish damages for the breach thereof, or to obtain any
other appropriate relief, whether by way of prosecution or defense,
prevailing party shall be entitled to recover reasonable attorney's fees
and costs incurred therein.
26. 'This Agreement may be executed in ❑ne or more counterparts
for the convenience of the parties hereto, all of which together shall
constitute one and the same instrument.
27. This Agreement shall be governed by, and construed in
accordance with the laws of the State of Texas (without regard t❑
principles of conflict of laws), and this Agreement is performable in
Lubbock, Lubbock County, Texas.
28. This Agreement shall be binding on, and inure to the benefit
of the parties hereto and their respective representatives, successors
and permitted assigns, but neither this Agreement nor any of the rights,
interests or obligations hereunder shall be assigned by any of the
parties hereto, whether by operation of law or otherwise, without the
prior written consent of the other parties.
29. All exhibits attached heret❑ are incorporated herein by
reference.
March 26, 1992
Page 222
30. All pronouns and any variations thereof shall be deemed to
refer to the masculine, feminine, neuter, singular or plural, as the
identity of the entities or persons referred may require.
31. In the event that any provision contained herein shall be
held to be invalid, illegal or unenforceable for any reason, suh
invalidity, illegality or unenforceability shall not affect any other
provision hereof, and this Agreement shall be construed as if such
invalid, illegal or unenforceable provision had never been contained
herein.
32. The recitals contained in this contract are not mere
recitations of fact, but are part of this Agreement.
The parties have duly executed this Assignment at Lubbock, Texas,
on March 18, 1992.
ASSIGNORS
G. GREENSTREET, INC.
By:/s/ Gary Greenstreet
Gary Greenstreet, President
7606 University Avenue
Lubbock, Texas 79423
/s/ Gary Greenstreet
Gary Greenstreet
/s/ Tom Brown
Tom Brown
/s/ Don Denton
Don Denton
/s/_David Wood
David Wood
7606 University Avenue
Lubbock, Texas 79423
ASSIGNEE
Lubbock National Bank
By:/sL_Qavid M. Harmon
David M. Harmon
Senior Vice President
P.O. Box 6100
Lubbock, Texas 79493
CITY
City of Lubbock, Texas
By:/s/ B. C. McMinn
B. C. McMinn, Mayor
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
March 26, 1992
Page 223
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This instrument was acknowledged before me ❑n the 18th day ❑f
March, 1992, by Gary Greenstreet, President of G. Greenstreet, Inc., a
Texas corporation, on behalf ❑f said corporation.
/s/_David Wood
Notary Public, State of Texas
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This instrument was acknowledged before me on the 18th day ❑f
March, 1992, by Gary Greenstreet.
/s/ David Wood
Notary Public, State ❑f Texas
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This instrument was acknowledged before me ❑n the 18th day ❑f
March, 1992, by Tom Brown.
/s/ David Wood
Notary Public, State of Texas
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This instrument was acknowledged before me ❑n the 18th day of
March, 1992, by Don Denton
/s/ David Wood
Notary Public, State of Texas
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This instrument was acknowledged before me ❑n the 18th day of
March, 1992, by David Wood.
LsL_Nita Perkins
Notary Public, State of Texas
THE STATE OF TEXAS §
COUNTY OAF LUBBOCK §
This instrument was acknowledged before me ❑n the 18th day of
March, 1992, by David Harmon, Senior Vice President of Lubbock National
Bank, a Texas corporation, ❑n behalf of said corporation.
js/ Jan Brownd
Notary Public, State ❑f Texas
March 25, 1992
Page 224
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This instrument was acknowledged before me on the 25th day of
March, 1992, by B. C. McMinn, as Mayor of the City of Lubbock.
Is1 Olivia R. Solis
Notary Public, State of Texas
SCHEDULE "A"
All the Leasehold Estate as described in that one certain Lease
and Sublease Agreement entered into by and between the City of Lubbock
and G. Greenstreet, Inc., dated the 27th day of September, 1991, and as
amended by Amendment No. 1 to Lease and Sublease Agreement dated January
27, 1992, and as amended by Supplemental Agreement No. 1 dated February
13, 1992, coverning the following described tract of land, to -wit:
A 2.79 acre tract of land out of Section 28, Block A, Lubbock
County., Texas, and being more particularly described by metes and
bounds as follows, to -wit:
BEGINNING at a 1/2" iron rod, set for the Southwest and beginning
corner of this tract, whence the Southwest corner of Section 24
bears South 00002'00" East, 537.34 feet and South 89059'30" West,
895.20 feet;
THENCE 11:orth, 347.50 feet to a 1/2" iron rod, set for the
Northwest corner of this tract;
THENCE East, 350.00 feet to a 1/2" iron rod, set for the Northeast
corner of this tract;
THENCE South, 347.50 feet to a 1/2" iron rod, set for the
Southeast corner of this tract;
THENCE West, 350.00 feet to the point of beginning.
Containing 2.79 acres.
The City's Lease Agreement with G. Greenstreet on
the new FAA hangar at Lubbock International Airport
provides that the Agreement may be assigned by
Greenstreet. Item #15 above is for approval of a
Resolution for such assignment by Greenstreet.
This item is for approval of a Resolution
authorizing the Mayor to sign an Agreement with
Lubbock National Bank providing for the City to pay
rent directly to the bank.
Motion was made by Councilwoman Baker, seconded by
Mayor Pro Tem Patterson to authorize Resolution
*3842 as recommended by Staff. Motion carried: 5
Yeas; 0 Nays.
March 26, 1992
Page 225
92-51A-225-160
(18.)
RESOLUTION #3843
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 (as
Owner) a contract to be entered into by and between said City and Texas
Tech University Mammology Department (as Investigators) related to
endangered and threatened species baseline data collection made in
connection with the Lake Alan Henry Wildlife Mitigation Area, 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 part of
this Resolution as if fully copied herein in detail.
Passed by the City Council this 26th day of March, 1992.
Zsl B. C. McMinn
B.C. McMinn, Mayor
ATTEST:
IsZ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Is/ Qan A. Hawkins
Dan A. Hawkins, Director of
Water Utilities
APPROVED AS TO FORM:
s Do gild G. Vandiver
Donald G. Van Ai ver, First
Assistant City Attorney
AGREEMENT
FOR
ENDANGERED/THREATENED SPECIES INVESTIGATION
WHEREAS, the City of Lubbock (hereinafter called "City") has
purchased 3005 acres of wildlife mitigation property toward fulfilling a
requirerrient of the U.S. Army Corps of Engineers permit under Section 404
of the Clean Water Act; and
WHIEREAS, this same Corps of Engineers 404 permit requires that the
wildlife mitigation property be managed in accordance with the
"Strategic Management Plan for the Justiceburg Mitigation Area, Texas
Parks and'Wildlife Department", for consumptive and nonconsumptive
wildlife resource uses of this property; and
WHEREAS, this Strategic Plan states the need to "contract for
baseline data on endangered, threatened or rare species" in order to
identify, quantify and protect unique/sensitive resources and
enhancement of their well-being to be considered in any habitat
management planning and implementation (in order to avoid inadvertent
violation of the Endangered Species Act and the Threatened Species Act);
and
March 26, 1992
Page 226
WHEREAS, the City desires to obtain the expertise of professional
mammologists to direct and conduct a "Biodiversity Study" of the
mitigation tract in order to positively identify any threatened,
endangered or rare mammals, amphibians or reptiles, said expertise to be
provided by Texas Tech University, Lubbock, Texas (hereinafter called
"Contractor").
NOW THEREFORE, City and Contractor in consideration of the mutual
covenants set forth herein contract and mutually agreed as follows:
1
The scope of work prepared for "Biodiversity Study" at the request
of City and research design thereto prepared by Contractor and accepted
by the City are hereby annexed hereto as Exhibit A and made a part
hereof as if fully copied herein in detail in this place.
2
For and in consideration of services to be rendered by the
Contractor, the City agrees to pay based on the rates shown on the
attached preliminary cost estimate with total fee not to exceed $22,910.
Partial payment to the Contractor will be made on the basis of monthly
statemenits, and work progress reports rendered to and approved by the
City; however, under no circumstances shall any monthly statement for
services exceed the value of work performed at the time a statement is
rendered.
3
The total compensation to be paid to Contractor, by the City, for
this contract shall not exceed $22,910 in accordance with monthly
estimates furnished to City by the Contractor as the work progresses,
provided, however, that such monthly estimates shall be based on a
detailed cost estimate which accompanies the research design. This
contract addresses the work to be accomplished over a 17 month period.
City shall pay monthly from current revenues on such estimates to the
Contractor after being billed by the Contractor by the fifteenth (15th)
day of each month for the services of the previous month. Such bill
shall be sent: to the City of Lubbock at the following address: City of
Lubbock, Parks and Recreation Department, Attn: Diane Locknane, P.O. Box
2000, Lubbock, Texas 79457. Such $22,910 amount may not be exceeded if
the scope of work is enlarged; in such case, further contractual
agreement will be sought.
4
In the performance of work or services hereunder, Contractor shall
be deemed an independent contractor, and any of its employees performing
work required hereunder shall be deemed solely employees of the
Contractor or its subcontractors except those employees of the City who
may be assigned to assist Contractor.
5
Before the Contractor begins any work under this Agreement,
Contractor agrees to furnish a certificate of insurance reflecting their
coverage by workman's compensation insurance, amounts and with carriers
satisfactory to City, and agrees that such coverages shall be maintained
during the term of this Agreement. Contractor shall be responsible for
determining that its subcontractors, where required, likewise carry and
maintain adequate insurance coverage. City shall provide self insurance
for any City employees and for equipment assigned to the project and
will indemnify the Contractor with regard to the activities of employees
so assigned.
March 26, 1992
Page 227
6
At any time during normal business hours, Contractor shall make
available to representatives of the City for examination of its records
with respect to all matters covered by this Agreement, and will permit
representatives of the City to audit, examine, and make excerpts or
transcripts from such records and to make audits of all contracts,
invoices, materials, payrolls, records, or personnel conditions of
employment and other data relating to all matters covered by this
Agreement, for a period consisting of the duration of the contract and
continuing for one (1) year thereafter. The City reserves the right to
restrict Texas Tech from releasing to the general public, any
information they accumulate or acquire prior to completion of the study
unless such release is specifically authorized in writing by the
Director, of Water Utilities.
7
The Contractor shall not discriminate against any employee or
applicant for employment because of race, color, religion, sex or
national origin. Contractor shall take affirmative action to ensure that
applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex or
national origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotions, or transfers, recruitment
or recruitment advertising; layoffs or termination; selection for
training, including apprenticeships; and participation in recreational
activities. Contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices setting forth the
provisions of this nondiscrimination clause. Contractor will, in all
solicitations or advertisements for employees placed by or on behalf of
Contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion,
sex or national origin. Contractor will cause the foregoing provisions
to be inserted in all subcontracts for any work covered by this
Agreement so that such provisions will be binding upon each
subcontractor, excepting that the foregoing provisions shall not apply
to contracts or subcontracts for standard commercial supplies or raw
materials. Contractor shall keep such records and submit reports
concerning the racial and ethnic origin(s) of applicants for employment
and employees as the law may require. Contractor agrees to comply with
such rules, regulations or guidelines as may be issued to implement
these requirements.
0
The parties hereto, without invalidating this Agreement, may alter
or amend this Agreement only upon written mutual agreement of the
parties as attested by the signatures of the principals to this
Agreement.
9
Contractor shall, to the extent allowable by the laws and
Constitution of the State of Texas, hold the City harmless from and
shall promptly pay and defend for the City all claims, demands,
lawsuits, awards, and judgements in any manner growing out of the
negligence or any manner of torts arising out of the conduct of the
services performed by the Contractor, its agents, servants, or
representatives under and pursuant to this agreement.
10
Contractor will commence work on the project within five (5)
working days following receipt of notice to proceed. The contractor
shall complete the work in accordance with the schedule defined in the
scope of work and research design. All fieldwork will be completed and
an interim letter report of findings shall be submitted to the technical
representative of the City by 1 October 1993.
March 26, 1992
Page 228
11
The obligations to provide services under this agreement may be
terminated by either party upon 30 days written notice to the other
party. In the event of any termination, Contractor will be paid for all
services rendered and reimbursable expenses incurred to the date of
termination and, in addition, all reimbursable expenses directly
attributable to termination. Any noncancelable obligations incurred by
Contractor shall be allowable costs. All documents produced by
Contractor up to time of termination shall become property of the City.
Contractor may retain and use copies of such documents.
12
Originals of all notes, calculations, correspondence, and similar
materials will be filed by the Contractor and made available to City on
request. With respect to documents related to work performed under the
terms of this agreement, Contractor agrees not to assert any right, and
not to establish any claims under design patent or copyright law.
Contractor shall have the right to retain and use copies of its work
product.
13
The Contractor, prior to written or verbal disclosure of project
information to the media or any public or private entity, shall obtain
written permission from the City for disclosure of such information.
The City retains the right to review and edit all written statements
prepared by the Contractor concerning the project prior to disclosure of
such statements.
EXECUTED this 26th day of March, 1992.
CITY OF LUBBOCK:
BY:Is1 B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
IsZ Dan A. Hawkins
Dan A. Hawkins, Director of
Water Utilities
APPROVED AS TO FORM:
s Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
March 26, 1992
Page 229
CONTRACTOR:
/s/ DonaldR._ Haragan
Donald R. Haragan,
Executive Vice President
and Provost
Texas Tech University
/s/ J. Knox Jones, Jr.
J. Knox Jones, Jr.
Principal Investigator
s Clyde Jones
Clyde Jones,
Co -Principal Investigator
A Copy of the Proposal is filed with Resolution No. 3843.
In order to construct Lake Alan Henry as a future
water supply, the U.S. Army Corps of Engineers,
through Section 404 of the Clean Water Act, requires
a suitable property to be purchased and managed as a
wildlife mitigation tract to fully compensate for
wildlife habitat loss due to dam construction and
reservoir filling. This mitigation area, consisting
of approximately 3,000 acres north of the dam site,
is to be managed in accordance with the "Strategic
Plan for Justiceburg Mitigation Area", written by
the Texas Parks and Wildlife Department.
Proper wildlife management, including any habitat
manipulations, must be based upon an accurate
inventory of existing flora and fauna. Of
particular concern are the several species of
mammals, amphibians, reptiles, birds, and plants
currently listed on the Federal and State lists of
threatened or endangered species which may occur in
Garza/Kent Counties which include the Justiceburg
Wildlife Mitigation Area. Any threatened or
endangered species of plant or animal must be given
distinct consideration in habitat management
planning and implementation to avoid violation of
federal laws (the Endangered Species Act and the
Threatened Species Act) and various state laws
concerning the well-being of threatened and
endangered species. The management entity (in this
case, the City of Lubbock) will be held liable for
any activity which negatively impacts the existence
of a threatened or endangered plant or animal.
In accordance with recommendations by the U.S. Army
Corps of Engineers and the Texas Parks and Wildlife
Department, the City hired a full-time wildlife
biologist, Diane Locknane, who will plan and
implement management activities designed to mitigate
this area. Ms. Locknane recommended that the
"Biodiversity Study" proposed by Texas Tech
University is necessary to locate and identify
existing threatened/endangered/rare species.
The museum of Texas Tech University is best suited
to conduct this study because of its vast array of
specialized equipment as well as the expertise of
Dr. Knox Jones, Curator.
March 26, 1992
Page 230
92-51A-2.30-161
(19.)
For scheduling purposes, the total study project is
divided into two phases, as follows:
Phase 1: Collection of (by established means)
and observation of mammals,
amphibians, reptiles and their
existing habitats, recorded in field
notes and on film. The presence of
any threatened, endangered or
environmentally sensitive species
will be carefully documented.
Phase 2: Grids of live traps established over
a calendar year will be tended and
results calculated for population
dynamics, home ranges, and critical
habitat requirements of various
mammal study species.
Compensation for the proposed 17-month study, to
begin on or around the first of April, 1992 with
completion at or around the end of August, 1993, is
proposed as follows:
A. The total of professional services
is $22,910.
B. Texas Tech University will bill the
City for monthly reimbursement of
expenses.
C. A six-month extension may be
requested at no added cost to the
City if needed to finish details of
field operations, with any budgeted
but unexpended funds carried forward
for that purpose.
Staff recommended approval.
Motion was made by Councilwoman Baker, seconded by
Councilwoman Trejo to authorize Resolution #3B43 as
recommended by Staff. Motion carried: 6 Yeas; 0
Nays.
This item was deleted.
March 26, 1992
Page 231
92-51A-231-162
(20.)
THE STATE OF TEXAS
COUNTY OF LUBBOCK
CITY OF LUBBOCK
RESOLUTION #3844
CERTIFICATE OF CITY SECRETARY
0
0
I, the undersigned, City Secretary of the City of Lubbock, Texas,
DO HEREBY CERTIFY as follows:
1. That on the 26th day of March, 1992, the City Council of the
City of Lubbock, Texas, convened in regular session at its regular
meeting place in the City Hall of said City; the duly constituted
members of the Council being as follows:
B. C. McMinn
T. J. Patterson
Bill Maloy
Joan Baker
Maggie Trejo
M. J. Aderton
Mayor
Mayor Pro Tem
Councilmember
Councilmember
Councilmember
Councilmember
all of said persons were present at said meeting, except the following:
Gary Phillips, who resigned. Among other business considered at said
meeting, the attached resolution entitled:
"A. RESOLUTION by the City Council of the City of Lubbock, Texas,
approving and authorizing publication of notice of intention
to issue certificates of obligation."
was introduced and submitted to the Council for passage and adoption.
After presentation and due consideration of the resolution, and upon a
motion made by Councilmember Joan Baker and seconded by Councilmember
Maggie Trejo the resolution was finally passed and adopted by the
Council by the following vote:
6_ Voted "For" _0_ Voted "Against" _0_ "Abstained"
all as shown in the official Minutes of the Council for the meeting held
on the aforesaid date.
2. That the attached resolution is a true and correct copy of
the original on file in the official records of the City; the duly
qualified and acting members of the City Council of the City on the date
of the aforesaid meeting are those persons shown above and, according to
the records of my office, each member ❑f the Council was given actual
notice of time, place and purpose of the meeting and had actual notice
that the matter would be considered; and that said meeting, and
deliberation of the aforesaid public business, was open to the public
and written notice of said meeting, including the subject of the
entitled resolution, was posted and given in advance thereof in
compliance with the provisions of Article 6252-17, Section 3A,
V.A.T.C.S.
March 26, 1992
Page 232
IN WITNESS WHEREOF, I have hereunto signed my name officially and
affixed the seal of said City, this the 26th day of March, 1992.
Is1 Ranette Boyd
Ranette Boyd, City Secretary
City of Lubbock, Texas
RESOLUTION
A RESOLUTION by the City Council of the City of Lubbock, Texas,
approving and authorizing publication of notice of intention
to issue certificates of obligation.
WHEREAS, the City Council of the City of Lubbock, Texas, has
determined that certificates of obligation should be issued in
accordance with the provisions of V.T.C.A., Local Government Code,
Subchapter C of Chapter 271, for the purpose of paying contractual
obligations to be incurred for (i) constructing improvements and
extensions to the City's Wastewater Treatment System, to wit: one new
activated sludge treatment plant; headworks facilities, solids handling
facilities digester rehabilitation; administration maintenance building,
and (ii) professional services rendered in connection therewith; and
WHEREAS, prior to the issuance of said certificates of obligation,
this Council is required to give notice of its intention to issue the
same: in the manner and time provided by law; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
Section 1: That the City Secretary is hereby authorized and
directed to cause notice to be published of this Council's intention to
issue certificates of obligation in the principal amount not to exceed
$34,520,000 for the purpose of paying contractual obligations to be
incurred for (i) constructing improvements and extensions to the City's
Wastewater Treatment System, to wit: one new activated sludge treatment
plant; headworks facilities, solids handling facilities digester
rehabilitation; administration maintenance building, and (ii)
professional services rendered in connection therewith, such
certificates to be payable from ad valorem taxes and a lien on and a
pledge of the net revenues of the City's Sewer System. The notice hereby
approved and authorized to be given shall read substantially in the form
and content of Exhibit A hereto attached and incorporated herein by
reference as a part of this resolution for all purposes.
Section_ That such notice shall be published once a week for two
consecutive weeks in a newspaper having general circulation in the City
of Lul;bock, Texas, the date of the first publication of such notice to
be at least fifteen (15) days prior to the date stated therein for the
passage of the ordinance authorizing the issuance of the certificates of
obligation.
PASSED AND APPROVED, this the 26th day of March, 1992.
Is1 B. C. McMinn
B. C. McMinn, Mayor
City of Lubbock, Texas
ATTEST:
Zsl Ranette Boyd
Ranette Boyd, City Secretary
March 26, 1992
Page 233
This action is part of the process of issuing
Certificates of Obligation for the major
construction of the Wastewater Treatment Plant.
Financing for this project is a loan from the State,
which takes the form of Certificates of Obligation.
These Certificates will be issued at 5.5% and this
action simply gives notice of intention to issue
Certificates. Staff recommended approval.
Motion was made by Councilwoman Baker, seconded by
Councilwoman Trej❑ to authorize Resolution #3844 as
recommended by Staff. Motion carried: 5 Yeas; 0
Nays.
92-51A-233-163
(21.) Consider Resolution #3845 authorizing „the Mayor to
sign a Certificate regarding Drainage Easement for
Escondido Oil, Inc.
RESOLUTION #3845
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 said City an instrument
entitled, "Certificate Regarding Exhibit to Drainage Easement" dated
January 29, 1992, which is entered into by and between the City of
Lubbock and Escondido Oil, Inc., attached herewith, which shall he
spread upon the minutes of the Council and as spread upon the minutes of
this Council shall constitute and he a part of this Resolution as if
fully copied herein in detail.
Passed by the City Council this 26th day of March, 1992.
IsL_B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
IsZ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/sZ Rita, Harmon
Rita Harmon, Assistant City Manager
Public Safety & Services
APPROVED AS TO FORM:
s J. Worth Fullingim
J. Worth Fullingim, Assistant City
Attorney
March 26, 1992
Page 234
CERTIFICATE REGARDING EXHIBIT TO DRAINAGE EASEMENT
THIS INSTRUMENT is executed this 29th day of January, 1992,
between the CITY OF LUBBOCK, TEXAS, a home rule municipal corporation
("City") and ESCONDIDO OIL, INC., a Texas corporation ("Escondido").
BACKGROUND TO THE AGREEMENT
By that: certain Drainage Easement dated October 7, 1987 (the
"Agreement"), executed by SENTRY SAVINGS ASSOCIATION ("Sentry") and
City, recorded in Volume 2655, Page 59, Real Property Records of Lubbock
County, Texas, Sentry granted unto City, its legal representatives,
successors and assigns, for the use of the public as a perpetual and
permanent drainage easement, the free and uninterrupted use, liberty of
passage in, on, along, over, upon, under and across all of that certain
property, lying and situated in Lubbock County, Texas, and being more
particularly described in Exhibit "A" attached hereto and made a part
hereof for all purposes (the "Property"). Subsequent to the date of the
agreement, Escondido has succeeded to ownership of the Property, By
Addendum to Drainage Easement dated August 15, 1991 (the "Addendum"),
and recorded in Volume 3680, Page 33, Real Property Records of Lubbock
County, Texas, City and Escondido amended the Agreement in certain
respects. Paragraph 1 of the Agreement provides that certain funds are
escrowed to be used exclusively for the development of a park area,
which park area is described as being all of that property contained
within the yellow boundary drawn on an Exhibit "A" attached to and made
a part of the Agreement. However, when the Agreement was filed for
record in the office of the County Clerk of Lubbock County, Texas, the
referenced exhibit was not attached. Accordingly, there has been and is
confusion and ambiguity regarding the area designated as the park area
referred to in Paragraph 1 of the Agreement. In order to remove such
confusion and ambiguity, City and Escondido, as the owners of all of the
property, subject to the terms of the Agreement, desire to place of
record a, copy of the exhibit.
TERMS OF THE AGREEMENT
Attached to this certificate as Exhibit "A" and made a part hereof
for all purposes is a copy of the preliminary plat of Lots 1 through 124
of West Chase, an Addition to the City of Lubbock, Lubbock County,
Texas, said preliminary plat being a true and correct copy of the same
preliminary plat referenced as Exhibit "A" in Paragraph 1 of the
Agreement. The property designated in said Paragraph 1 as the designated
site for the park area is outlined and cross -hatched on the attached
exhibit, and City and Escondido hereby certify and affirm that the area
so outlined and cross -hatched is the same area contained within the
yellow boundary drawn on the Exhibit "A" attached to the Agreement.
March 26, 1992
Page 235
It is understood and agreed that nothing contained herein shall be
deemed to alter, amend or in any way modify the terms of the Agreement,
as amended by the Addendum, and that the sole purpose of this instrument
is to place of record a copy of the Exhibit "A" referenced in Paragraph
I of the agreement and to clearly delineate thereon the area designed
for park development.
EXECUTED the day and date first above written.
CITY OF LUBBOCK, TEXAS
By:Is1 B. C. McMinn
B. C. McMinn, Mayor
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ J. Robert Massengale
J. Robert Massengale
Assistant City Manager for
Financial Services
APPROVED AS TO FORM:
s Join C. Ross, Jr.
John C. Ross, Jr., City Attorney
s J. Worth Fullin im
J. Worth Full ingim
Assistant City Attorney
ESCONDIDO OIL, INC.
/s/ H. A. Sessions
H. A. Sessions, President
THE STATE OF TEXAS §
COUNTY OF L'JBBOCK §
This instrument was acknowledged before me on the 26th day of
March, 1992, by B. C. McMinn, Mayor of the City of Lubbock, a municipal
corporation, on behalf of said corporation.
/s/ Olivia R. Solis
Notary Public, State of Texas
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This instrument was acknowledged before me on the 29th day of
January, 1992, by H. A. Sessions, President of Escondido Oil, Inc., a
Texas corporation, on behalf of said corporation.
/s/ Kathleen Weaver
Notary Public, State of Texas
A copy of Exhibit "A" is filed with Resolution No. 3845.
March 26, 1992
Page 236
Mark Thompson requested, on behalf of Escondido Oil,
Inc., that the City of Lubbock sign a Certificate
regarding an Exhibit to Orainage Easement for the
property located at 82nd and Memphis. Escondido is
encountering a recurring title problem in connection
with the development of the adjacent property. The
title problem surfaced when the original Orainage
Easement was recorded with Lubbock County without
the attachment of Exhibit "A".
The Drainage Easements refer to a "Park area" which
is specifically addressed in Exhibit "A" and because
the exhibit is not attached to the recorded copy,
various title companies have shown an exception on
their title commitments related to the possible
dedication of the property for park east.
It was requested that something which will show the
park location be placed on record. The Certificate
was reviewed by the City Legal Staff and was
recommended for approval. No other portions of the
Drainage Easement or its amendments were altered.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to authorize Resolution #3845
as recommended by Staff. Motion carried: 6 Yeas; 0
Hays.
92-51A-236-164
(22.) Hold an Executive Session to discuss land
acquisition (Right -Of -Way).
Executive Session was not held.
92-51A-236-165
(23.) BID #11852--C900 PVC pipe Central Warehouse),.
Morrison Supply Co.--13,620' 12" C900 PVC pipe.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to authorize low bid meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
92-51A-236-166
(24.) 8ID #11741--Pharmaceuticals (Health Department).
Ortho Pharmaceutical Corp.--6 cs. Contraceptive
(Diaphragm) Jelly 3.8 ox. refill tubes 12/cs.; 46
cs. contraceptive foam 20GM w/applicator, NDC-313304
36/cs.; 2 cs. Ortho-Novum 1/50, 28-day cycle, 48
cycles/carton, 6 carton/cs. no product substitute;
32 ea. Terconazole (Terazol 7), vaginal cream 0.4%,
45Gm/tube, w/applicator 3 doz/cs.
March 26, 1992
Page 237
Ide Interstate, Amityville, NY--50 bl. Ampicillin,
500 MG tablet, 500/B1.; 1 ea. Drisma APH Compute
refills 30 @ .25Gm EA DG, 813-8810; 1 ea. Drisma APH
Compule refills 30 @ .25Gm EA DY, 813-8812; 1 ea.
Drisma APH Compule refills 30 @ .25 Gm EA L, 813-
8805; 1 ea. Drisma APH Compule refills 30 @ .25Gm EA
LG, 813-8807; 1 ea. Drisma APH Compule refills 30 @
.25Gm EA LY, 813-8806; 1 ea. Erythromycin Sterrate
tablets 250 Mg, 420-0505; 1 ea. Erythromycin
Stearate Tabs -Schein 250Mg, 420-0501; 240 B1. Iron
Tablet 65 Mg, Ferrouse Sulfate 100/bl.; 264 bl.
Metronidazole, 500 Mg. tablets, State 250 tabs/bl.;
24 cs. Ortho-Novum 1/35, 28 day cycle, 48
cycles/carton, G carton/cs. no product substitute;
80 cs. Ortho-Novum 7/7/7, 28 day cycle, 48
cycles/carton, G carton/cs, no product substitute.
Taylor Medical, Inc., Odessa--390 ea. Lindane USP 1%
lotion, 2 oz. bottle; 394 ea. Lindane USP 1%
shampoo, 2 oz. bottle.
Goldline Laboratories, Ft. Lauderdale, FL--1 bl.
Ampicillin, 500MG, 100/bl.; I ea. Erythromycin Base,
250 MG 500/btl #14102; 44 cs. Prenatal Multivitamin
W/Folic Acid/Iron, 100/B1, 48B1/Cs, 44600; 13 cs.
Pyrinyl Lice Treatment, 4 oz./B1, 72B1/Cs.; 1 ea. G-
Well Lotion, 2 oz. #60497; 1 ea. G-Well Lotion, 2
oz. #60500; 1 B1. Metronidzole 100/bl., 15430; 1 ea.
Triple Sulfa Vaginal Cream 2.75 oz. 36/cs. 50411.
Lederle Laboratories, Wayne, NJ--1 bl. Penicillin V
Potassium, 25OMg., 1000/bottle; 1 bl. Penicillin V
Potassium, 500 Mg., 1000/bottle.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to authorize low bids meeting
specifications. Motion carried: G Yeas; 0 Nays.
92-51A-237-167
(25.) BID #11679--Water Reclamation Plant and Solids
Handling Facilities and authorize same Water
Utilities).
March 26, 1992
Page 238
RESOLUTION #3846
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock a
Contract by and between the City of Lubbock and M. A. Mortenson Company
for construction of the Southeast water reclamation plant and solids
handling facilities, 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 26th day of March, 1992.
ATTEST:
s Ranette Boyd
Ranette Boyd,, City Secretary
APPROVED AS TO CONTENT:
s Gene Eads
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
s Donald G,' Vandiver
Donald Gi. Vandiver, First Assistant
City Attorney
CONTRACT
STATE OF TEXAS
�*PRWffQM111H0ffl4
,Ls/ B. C . McMinn
B. C. McMINN, MAYOR
THIS AGREEMENT, made and entered into this 26th day of March, 1992
by and between the City of Lubbock, County of Lubbock, State of Texas,
acting by and through B.C. McMinn, Mayor, thereunto authorized to do so,
hereinafter referred to as OWNER, and M. A. Mortenson Company of the
City of Minneapolis, County of Hennepin, and the State of Minnesota,
hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the OWNER
and under the conditions expressed in the bond bearing even date
herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence
and complete the construction of certain improvements described as
follows:
BID NO. 11679 Water Reclamation Plant and Solids Handling Facilities
(Water Utilities) in the amount of $29,688,504.00
and all extra work in connection therewith, under the terms as stated in
the contract documents and at his (or their) own proper cost and expense
to furnish all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance and other accessories and services
necessary to complete the said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
March 26, 1992
Page 239
The CONTRACTOR hereby agrees to commence work within ten days
after the date written notice to do so shall have been given to him and
to substantially complete same within the time specified in the contract
documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment an account thereof as provided
therein.
IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in Lubbock, Lubbock County, Texas in the year and day
first above written.
ATTEST: CITY OF LUBBOCK, TEXAS (OWNER)
s Rane�tte Boyd Is1 B. C. McMinn
Secretary Mayor
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
ATTEST:
CONTRACTOR
Secretary
By:
TITLE:
COMPLETE: ADDRESS: M. A. Mortenson Company
700 Meadow Lane North
Minneapolis, MN 55422
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to authorize Resolution #3845
as recommended by Staff. Motion carried: 5 Yeas; 0
Nays.
March 26, 1992
Page 240
92-51A-240-168
(26.) BID #11828--Arnett Benson Sidewalk Project and
authorize same (Community Development).
RESOLUTION #3847
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock a
Contract by and between the City of Lubbock and Hub City Pavers, Inc.
for construction of sidewalks in the Arnett Benson district, 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 26th day of March, 1992.
ATTEST:
s Ranette Boyd
Ranette Boyd;, City Secretary
APPROVED AS TO CONTENT:
s Gene Eads
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
onald G.. Vandiver
Donald Gi. Vandiver, First Assistant
City Attorney
CONTRACT
STATE OF TEXAS
: Lfiluh ]01l0: IX1.4
/s/ B. C . McMinn
B. C. McMINN, MAYOR
THIS AGREEMENT, made and entered into this 26th day of March, 1992
by and between the City of Lubbock, County of Lubbock, State of Texas,
acting by and through B.C. McMinn, Mayor, thereunto authorized to do so,
hereinafter referred to as OWNER, and Hub City Pavers, Inc. of the City
of Lubbock, County of Lubbock, and the State of Texas, hereinafter
termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the OWNER
and under the conditions expressed in the bond bearing even date
herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence
and complete the construction of certain improvements described as
follows:
BID NO. 11828 Arnett Benson Sidewalk Project (Community Development) in
the amount of $34,795.00
and all extra work in connection therewith, under the terms as stated in
the contract documents and at his (or their) own proper cost and expense
to furnish all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance and other accessories and services
necessary to complete the said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
March 25, 1992
Page 241
The CONTRACTOR hereby agrees to commence work within ten days
after the date written notice to do so shall have been given to him and
to substantially complete same within the time specified in the contract
documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment on account thereof as provided
therein.
IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in Lubbock, Lubbock County, Texas in the year and day
first above written.
ATTEST: CITY OF LUBBOCK, TEXAS (OWNER)
LsL_Ranette Boyd Ls/ _B. _ C . McMinn
Secretary Mayor
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
s Sandly Ogletree (sl Don Vandiver
ATTEST:
Hub City Pavers, Inc.
s Rita, Rawls CONTRACTOR
Secretary
COMPLETE ADDRESS:
92-51A-241-150,
(27.)
92-51A-241-170
(28.)
By: L/Glen A. Sarten
TITLE: President
Hub City Pavers, Inc.
4214 50th Street
Lubbock, Texas 79413
Motion was made by Mayor
by Councilwoman Baker to
as recommended by Staff.
Nays.
Pro Tem Patterson, seconded
authorize Resolution #3847
Motion carried: 5 Yeas; 0
BID #11810--Yard Waste Hauling Service (Solid
Waste
Waste Management of Lubbock--9 ea. 30 cy. roll -off
container 5-month rental rate; 234 ea. hauling of 30
cy. roll -off container pull rate.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to authorize low bid meeting
specifications. Motion carried: 6 Yeas; O Nays.
BID #UT99= Composting Services (Solid Waste)_
South Plains Compost, Inc., Slaton--3,000 cy.
Aerobic Composting of Organic Yard Waste.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to authorize low bid meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
March 26, 1992
Page 242
92-51A-242-171
(29.) BID #11367--TemporaryEmployee Agency Services
(Personnel department).
1--Olsten; 2--Manpower; 3--Express Services:
Proposals were evaluated and rated on the basis of
hourly rates, testing procedures, capability to
perform drivers license checks, replacement
assistance, supply methods & emergency response, and
reference checks. due to the diversity and
availability of personnel required, Staff
recommended using the top three firms t❑ supply
qualified temporary employees as required.
Motion was made by Mayor Pro Tern Patterson, seconded
by Councilwoman Baker t❑ authorize the top three
firms (above) to supply qualified temporary
employees as required. Motion carried: 6 Yeas; 0
Nays.
92-51A-242-172
(30.) BID #11851--Six-month pricing for paper (Print
Shop).
Bancroft Paper Ca.--50 M. carbonless paper 20#, 2-
part, 8.5X11, reverse sequence; 50 M. carbonless
paper 20#, 3-part, 8.5X11, referse sequence; 15 M.
carbonless paper 20#, 4-part, 8.5X11, reverse
sequence.
Dixon Paper Co.--10 M. 24#, white Neenah paper,
bond, cockle, 8.5X11.
Carpenter Paper Co., Amarillo--3,000 M. copy paper,
white 8.5X11, 20#; 150 M. copy paper, white 8.5X14,
20#; 10 M. copy paper, assorted colors, 8.5X14, 20#;
100 M. 24#, winter white paper, Curtis Linen, 25%
cotton, 8.5X11; 500 M. 20#, white paper, 3-hole
drilled, 8.5X11.
Graphic Equipment & Supply--10 M. white, 20# paper,
11X17, 25% cotton paper.
Butler Paper--45 M. Index 110#, white, 8.5X11; 20 M.
Index 110#, assorted colors, 8.5X11; 3 M. 20#, white
paper, 25% cotton, 8.5X14; 375 M. computer paper,
20# white, continuous, clean perf. 9.5X11; 100 M.
fax paper, 8.5"X328'; 20 M. computer paper, 1-part,
18#, 14-1/8"X8-1/211, 1/2" greenbar; 20 M. computer
paper, 1-part, 12"X8.5", 1/2" microperf each side;
20 M. computer paper, 1 part, 18#, 14-1/8"X11".
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to authorize low bids meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
92-51A-2-42-113
(31.) BID #11134--Medical Supplies (Health Department).
This bid provides annual pricing for 563 different
medical supplies for the Health Department. Staff
recommended approval of the low bids meeting
specifications for each item. The tabulation sheet
(86 pages) is available for viewing in the
Purchasing Office and is ❑n file in the City
Secretary's Office.
March 26, 1992
Page 243
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to authorize low bids meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
92-51A-243-174
(32.) BID #11855--Field Cultivator -(Fleet Management).
Joe Thompson Implement, Abernathy--1 ea. Field
Cultivator, Spec 962.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to authorize low bid meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
92-51A-243-175
(33.) BID #11831--Traffic Signal Equipment (Traffic
Engineering).
Reid Sales Agency--1 ea. 30' Type B pole/arm
assembly; 1 ea. 35' Type B pole/arm assembly; 1 ea.
40' Type B pole/arm assembly; 1 ea. 40' pole/arm
assembly; 1 ea. 44' pole/arm assembly.
Traffic Signals, Inc., Edmond, OK--3 ea. Signal head
mounting bracket 5-section head; 16 ea. signal head
mounting bracket 3-section head.
Naztec, Sugarland--3 ea. vehicle signal head 5-
secton horizontal; 16 ea. vehicle signal head 3-
section.
ASI, Ft. Worth--2 ea. Traffic Control System.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to authorize low bids meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
92-51A-2'43-176
(34.) BID #11835--LaboratoryInstrumentation Health
Department).
MDT/Castle, Plano--1 ea. steam sterilizer.
Coulter Corp., Santa Ana, CA--1 ea. Hematology
System w/5 yr. warranty.
Scimetrics, Albuquerque, NM--1 ea. refrigerated
centrifuge & rotor; 1 ea. benchtop centrifuge &
rotor; 1 ea. safety cabinet.
Hemco Corp., Independence, MO--1 ea. fume hood &
cabinet.
Baxter Healthcare--1 ea. Semi-Microbalance.
Vitek Systems, Round Rack--1 ea. automated
Microbiology System w/interface w/4 yr. warranty.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to authorize low bids meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
March 26, 1992
Page 244
92-51A-244-177
(35.)
92-51A-2'44-178
( 7.)
BID #11763--Ail Terrain Vehicles (Fleet Management
Kawasaki/Suzuki/Good Times--2 ea. Four-wheel drive
all terrain vehicle Spec 994.
Panhandle Golf Cars --I ea. Gasoline powered utility
vehicle Spec 1060.
Honda of Lubbock --I ea. Four-wheel drive all terrain
vehicle Spec 965.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to authorize low bids meeting
specifications. Motion carried: 6 Yeas; 0 Nays.
ORDINANCE #9511--Tone Case #2683 (2702 Avenue Q)--
ORDINANCE #9511
AN ORDINANCE AMENDING TONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2682; A ZONING CHANGE FROM C-3 TO C-4 ZONING ON A 1.01 ACRE TRACT OUT OF
THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 3, BLOCK A, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
92-51A-244-179
( 4.)
Charles Bolton, proponent, requested a continuance
of this hearing to the April 23, 1992 City Council
Meeting.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Aderton to continue Zone Case #2683
hearing to 10:30 a.m. on April 23, 1992. Motion
carried: 5 Yeas; 0 Nays --Councilwoman Baker absent
from the Council Chambers.
ORDINANCE 49512
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
1893-H; .A ZONING CHANGE FROM A-2 SPECIFIC USE TO A-2 SPECIFIC USE PERMIT
TO AMEND THE SITE PLAN ON A TRACT OUT OF SECTION 2, BLOCK J-S, LUBBOCK,
TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
March 25, 1992
Page 245
92-51A-245-180
( 5.)
Johnny McDonald appeared to request a zone change
from C-3 to C-4 in order to use the lot for parking
for his transport business.
No one appeared in opposition. Mayor McMinn closed
the hearing at 10:34 a.m.
David Jones, Director of Planning, gave the adjacent
land use relationships as follows:
North - C-3
South - C-3
East - T or transitional that is vacant
West - C-3
According to Mr. Jones, the area is designated
commercial on the Comprehensive Land Use Plan, and
the proposed location is on a U.S. highway that is a
primary guideline for C-4 requests. There is no
zone policy issue outside enforcement of the 43'
setback requirement. A temporary building on the
lot does not meet required setback, and paving will
be required in the truck parking area. Several
neighborhood returns note muddy conditions in the
area, but the proponent's trucks caused only a part
of the problem. It was advised further that
approval of the request should have no effect on the
thoroughfare.
Staff recommended approval of the C-4 request, with
the following uses prohibited:
A.
Billboards;
B.
Dance Hall;
C.
Gameroom;
D.
Golf Driving Range;
E.
Mobile Home Sales;
F.
Night Clubs/Bars; and
G.
Swimming Pool Sales.
Staff supported the recommendations of the Planning
and Zoning Commission for Council approval.
Motion was made by Councilman Aderton, seconded by
Mayor Pro Tem Patterson to pass on first reading
Ordinance #9512 with restrictions recommended by P&Z
and City Staff. Motion carried: 5 Yeas; 0 hays --
Councilwoman Baker absent from the Council Chambers.
2, Block J-S.
ORDINANCE #9513
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBDCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2584; A ZONING CHANGE FROM C-2A TO C-3 ZONING ON LOT 1, VICTORY BAPTIST
CHURCH ADDITION AND LOT 4, TALLEY8URN ADDITION, LUBBOCK, TEXAS; SUBJECT
TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
March 26, 1992
Page 246
92-51A-246-181
( 6.)
David Goyette appeared on behalf of Cottage Village -
Land Wall, to present this request for zone change.
No one appeared in opposition. Mayor McMinn closed
the hearing at 10:39 a.m.
According to Staff memo, the request is for an
amended Site Plan. The proponent has contracted
with HUD to build a 40-unit apartment complex for
senior citizens to include a building for dining,
recreation and other facilities. The number of
units is reduced from the existing approved project.
Phase II will have cottages on the perimeter in
clusters from one to four units. The Site Plan
approved by the Planning and Zoning Commission has
five conditions:
1. Cottages shall be developed at one
unit per 3000 square feet or more.
2. Cottages may be free standing
structures with one -four units per
structure.
3. Access to cottages may be from
parking lot, access easement or
public street.
4. Parking for cottages shall be two
spaces per unit either at the
unit(s) or designated excess spaces
on the main facility.
5. Parking spaces on the main facility
may be covered by carports.
Staff supported the recommendation of the Planning
and Zoning Commission that Council approve this
request.
Motion was made by Councilwoman Trejo, seconded by
Mayor Pro Tem Patterson to pass on first reading
Ordinance #9513 with conditions recommended by P&Z
and City Staff. Motion carried: 5 Yeas; O Nays --
Councilwoman Baker absent from the Council Chambers.
ORDINANCE #9514
AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF LUBBOCK, TEXAS,
GENERAL OBLIGATION REFUNDING BONDS, SERIES 199211; SPECIFIYING THE TERMS
AND FEATURES OF SAID BONDS; LEVYING A CONTINUING DIRECT ANNUAL AD
VALOREM 'TAX FOR THE PAYMENT OF SAID BONDS; AND RESOLVING OTHER MATTERS
INCIDENT AND RELATED TO THE ISSUANCE, SALE, PAYMENT AND DELIVERY OF SAID
BONDS, INCLUDING THE APPROVAL AND EXECUTION OF A PAYING AGENT/REGISTRAR
AGREEMENT, A PURCHASE CONTRACT, AND A SPECIAL ESCROW AGREEMENT, CALLING
CERTAIN BONDS FOR REDEMPTION AND AUTHORIZING A NOTICE OF REDEMPTION, AND
THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING
THERETO; AND PROVIDING AN EFFECTIVE DATE.
March 26, 1992
Page 247
James Suter appeared to request this zone change.
No one appeared in opposition. Mayor McMinn closed
the hearing at 10:45 a.m.
David Jones, Director of Planning, gave the adjacent
land use relationships as follows:
North
- commercial
South
- residential
East
- commercial
West
- commercial
According to Mr. Jones, the center is designated
commercial on the Comprehensive Land Use Plan. With
the strike list proposed by Mr. Suter, Staff
supported the request and advised there would be
little or no change to traffic in the area. The
following C-3 uses were proposed as prohibited:
A. Car Wash;
B. Bowling Alley:
C. Gasoline Service Station;
D. Miniature Golf Course;
E. Quick Tune or Oil Change;
F. Skating Rink; and
G. Motion Picture Show.
Staff supported the recommendation of the Planning
and Zoning Commission for Council approval of this
request.
Motion was made by Councilman Maloy, seconded by
Mayor Pro Tem Patterson to pass on first reading
Ordinance #9514 with restrictions recommended by P&Z
and City Staff. Motion carried: 5 Yeas; 0 Nays --
Councilwoman Baker absent from the Council Chambers.
There being no further business to come before Council, motion was made
by Mayor, Pro Tem Patterson, seconded by Councilwoman Trejo to adjourn
the meeting at 10:46 a.m. Motion carried: 5 Yeas; 0 Nays --Councilwoman
Baker absent from the Council Chambers.
B. C. Mc inn, Mayor
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
Read and approved this the 9th day of April, 1992.
/s/ B.C. McMinn
B. C. McMinn, Mayor
ATTEST:
Isl Ranette Boyd
Ranette Boyd, City Secretary