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HomeMy WebLinkAboutMinutes - City Council - Regular - 6/24/1993CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING JUNE 24, 1993 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 24th day of June, 1993 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 10:00 a.m. Present: Mayor David Langston, Councilmember T. J. Patterson, Councilmember M. J. Aderton, Councilmember Randy Neugebauer, Councilmember Max Ince, Councilmember Alex Cooke, Acting City Manager Bob Cass, City Attorney John C. Ross, Jr., and City Secretary Betty Johnson. Mayor Langston called the meeting to order at 10:32 A.M. ( 1.) The Invocation was given by Dan Hawkins, Director of Water Utilities. ( 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. ( 3.) Board Appointments 93-52A-535-438 ( 4.) Dan Griffis, President of Civic Lubbock, Inc., will present Civic Lubbock, Inc.'s 1993-94 Budget for review. Dan Griffis, President of Civic Lubbock, Inc., presented Civic Lubbock, Inc.'s 1993-94 budget for information, input and direction from the City Council. According to Mr. Griffis, the 1993-94 Civic Lubbock, Inc. budget reflects combined revenues of $1,236,749 and direct expenses of $783,771. General operating expenses were estimated at $70,182 for a total expense of $853,953, before depreciation. The combined revenues reflected an estimated 11.21 percent increase over the current year in anticipation of a 4.95 percent increase in concession revenues at Meadowbrook, and a 9.31 percent increase at the Civic Center for both the Auditorium -Coliseum and Select -a -Seat. The increase at Select -a -Seat was attributed to a recently approved increase in charge. Direct expenses reflected an anticipated increase of 4.82 percent and 4.77 percent in administrative operating expenses. These increases in expenses are primarily due to overall personnel expenses. The amount estimated to be paid to the City is $157,077 which is an increase of 6.07 percent over the current year. An additional amount of $9,374 will be paid to the Parks and Recreation Department, and this will include the Civic Center, Auditorium - Coliseum, and Meadowbrook Golf Course concessions operations. This budget also includes $12,150 in capital expenditures. June 24, 1993 Page 536 93-52A-536-439 ( 5.) 93-52A-536-440 ( 6.) The Booking budget provides for $101,015 for specific allocation for 24 events, $50,000 for Civic Lubbock, Inc. Promotions, and an additional $5,000 in Booking Reserves for a total of $156,015. This amount includes allocations for two events not previously funded by Civic Lubbock, Inc. and other events such as Walk of Fame, Holiday Happening, Community Christmas Party, Arts Festival, Fiestas, Lubbock Symphony, and Ballet Lubbock. The two new events are the Southwest Conference Women's Volleyball Tournament and the ABC Rodeo. Allocation for art and beautification totals $9,175 with an additional $7,500 Reserve for a total of $16,675. For the most part, expenditures in this budget are for maintenance of the plant tree and various planters located around and in the plaza of the Civic Center. Civic Lubbock, Inc. fulfills its chartered purpose by returning all profits to the community through the sponsorships or co -sponsorships of educational and cultural programs, attractions and entertainment events. During the past three years alone, the Booking budget has expended over $529,000 for the general moral, intellectual and physical improvement and welfare of the people of the City of Lubbock and the surrounding area. Mr. Griffis said that by combining all expenditures, including money paid to the City, local vendors and labor, Civic Lubbock, Inc. will have a direct impact of more than $1,102,000 on the local economy. Mikel Ward will appear to address the Council regarding concerns about the principal and interest on revenue bonds. Mikel Ward and Keith Potts raised concerns regarding alleged discrepancies in the figures given to the Lubbock Central Appraisal District for calculation of the tax rate. They requested that the U.S. Attorney be asked to investigate the allegations. Mayor Langston assured them that the allegations would be addressed during the FY 1993-94 budget work sessions beginning June 29, 1993, but that the Council would not request an investigation by the U.S. Attorney's Office. George Jackson, Executive Officer of West Texas Home Builders Association, will appear to address the Council regarding recommended amendment to Chapter 6 of the Code of Ordinances, Buildings and Building Regulations, for providing for bonds. George Jackson, Executive Officer of West Texas Home Builders Association, appeared to request an amendment to Chapter 6 of the Code of Ordinances. June 24, 1993 Page 537 93-52A-537-441 ( 7.) ORDINANCE #9622 AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO BUILDINGS AND BUILDING REGULATIONS BY ADDING A NEW SECTION 6-12; WHICH PROVIDES FOR A SURETY BOND AS AN ALTERNATIVE TO INSURANCE FOR CONTRACTORS; PROVIDING FOR A BUILDING TRADES REGISTRATION AND REGISTRATION FEE; ADDING A NEW SECTION 6-17, WHICH PROVIDES FOR REGISTRATION OF BUILDING CONTRACTORS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Councilmember Neugebauer recused and excused himself from discussion and voting on this item. According to staff memo, the building industry, through the West Texas Home Builders Association, for some time has been studying alternatives to local insurance requirements as a prerequisite for building permit. Currently, the code requires contractors requesting a permit to have a $100,000 Comprehensive General liability insurance policy, including bodily injury, property damage, product liability, and completed operations coverage. Builders and other contractors generally agree that in today's market this requirement is too much of a financial burden and continues to escalate the cost of the finished product to the home buyer. Representatives of the West Texas Home Builders Association appointed a study committee over a year ago to find possible alternatives to the insurance requirements. 6.• On February 17, 1993, Ken Flagg, spokesperson for the study group, appeared before the Building Board of Appeals to present the group's findings. The request was that the City consider a proposition that would allow either a surety bond or insurance to meet the security requirement. The group recommended a bond in the amount of $10,000, and the Board of Appeals voted unanimously to pursue this request. Raymond Powell, Chairman of the Board of Appeals, appointed himself, Stan Angelley and Max Garza to consider the matter further. In a subsequent board meeting Mr. Powell, with consensus of the Board, requested that staff prepare an amendment to the Code of Ordinances to accommodate the proposal. June 24, 1993 Page 538 At their June 7 meeting the board considered the proposed amendment. David Tate, Study Committee Chairman, presented written support from the Home Builders Association with only one recommended change, and that was for a reduction in cost of a registration free from $50 to $35. The board unanimously approved the proposed amendment, specifically worded as follows: 1. Section 6-12 amends a previously reserved section by providing that a good and sufficient corporate surety bond in the amount $10,000 payable to the City of Lubbock or any person damaged by neglect of the principal, his or her agents or employees, defective workmanship or materials is an allowable substitute for the comprehensive liability insurance requirement for obtaining a building permit. The $100,000 insurance requirement is in Section 6-26. 2. Section 6-13 amends a previously reserved section by providing a registration requirement with an annual fee of $50 for any person engaged in any construction occupation regulated by Chapter 6 who is not otherwise required to be licensed or registered by the City or State of Texas. The effect of this registration is that it creates a method of accountability for the fact that bond or insurance is current and in force. The registration is on an annual basis and requires proof of bond or insurance. 3. Lastly, Section 6-17 amends a third previously reserved section by simply detailing the steps of the registration procedure for contractors. The Building Board of Appeals recommended this amendment to the City Council and staff upheld the recommendation. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass on first reading Ordinance #9622 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays; 1 Recused--Councilmember Neugebauer. ( 8.) Motion was made by Councilmember Cooke, seconded by Councilmember Aderton to approve the minutes of the June 10, 1993 Regular City Council meeting as written. Motion carried: 6 Yeas; 0 Nays. June 24, 1993 Page 539 93-52A-539-442 ( 9.) Consider Resolution #4179 authorizing the Mayor to sign the cover sheet to Texas Department of Transportation (TxDOT) plans for traffic signals at Interstate Highway 27 and 66th Street (Project #MCSP 68-1-42). RESOLUTION #4179 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 the Cover (Title) Sheeet of the Texas Department of Transportation plans to install a traffic signal at Interstate Highway 27 and 66th Street, Project MCSP 68-1-42. Passed by the City Council this 24th day of June, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Van Cook Van Cook, Acting City Traffic Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney According to staff memo, TxDOT has prepared the plan sheets in response to public requests and engineering data that warrant the installation of the traffic signals. The Mayor routinely signs the cover sheets of TxDOT projects within the city limits of Lubbock. Staff recommended approval of this resolution. Motion was made by Councilmember Cooke, seconded by Councilmember Aderton to authorize Resolution #4179 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 93-52A-539-443 (10.) BID #12489--Portable tub grinder (Solid Waste). Goldthwaite's of Texas, Fort Worth--1 ea. portable tub grinder Spec 966. Motion was made by Councilmember Cooke, seconded by Councilmember Aderton to authorize low bid meeting specifications. Motion carried: 6 Yeas; 0 Nays. June 24, 1993 Page 540 93-52A-540-444 (11.) BID #12556--High voltage cable (Central Warehouse). Cummins Supply, Amarillo--50,000 lb. #477 ACSR bare wire. Cablec Co., Grand Prairie--20,000 ft. #1/0 single, 15KV, alum. 19 strand cable. Motion was made by Councilmember Cooke, seconded by Councilmember Aderton to authorize low bids meeting specifications. Motion carried: 6 Yeas; 0 Nays. 93-52A-540-445 (12.) BID #12595--Computer hardware and software financing, and authorize same (Finance). This item was deleted from the agenda. 93-52A-540-446 (13.) BID #12597--Pumps (Water Reclamation). Bullen Pump & Equipment, Houston--1 ea. Robbins & Meyers Moyno 2000 progressing cavity pump Model #2H115G1-CDQ-ARA. Southern Engine & Pump Co., Irving--2 ea. Fairbanks Morse sewage pump 12" standard. Motion was made by Councilmember Cooke, seconded by Councilmember Aderton to authorize low bids meeting specifications. Motion carried: 6 Yeas; 0 Nays. June 24, 1993 Page 541 93-52A-541-447 (14.) BID #12598--Community Development office renovation, and authorize same (Community Development). RESOLUTION #4180 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 Pharr and Company for the renovation of the Housing and Community Development Office, 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 24th day of June, 1993. ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § /s/ David R. Langston DAVID R. LANGSTON, MAYOR THIS AGREEMENT, made and entered into this 24th day of June, 1993 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Pharr and Company 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. 12598--Community Development Office Renovation (Community Development) in the amount of $19,679.00 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. June 24, 1993 Page 542 The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: CITY OF LUBBOCK, TEXAS (OWNER) /s/ Betty M. Johnson /s/ David R. Langston Secretary Mayor APPROVED AS TO CONTENT: APPROVED AS TO FORM: ATTEST: Pharr and Company CONTRACTOR Secretary By: TITLE: COMPLETE ADDRESS: Pharr and Company P.O. Box 2791 Lubbock, Texas 79408 Motion was made by Councilmember Cooke, seconded by Councilmember Aderton to authorize Resolution #4180 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. June 24, 1993 Page 543 93-52A-543-448 (15.) BID #12608--Civic Center waterproofing, and authorize same (Civic Center). RESOLUTION #4181 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 Century Weatherproofing, Incorporated for the Civic Center Waterproofing, 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 24th day of June, 1993. ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § /s/ David R. Langston DAVID R. LANGSTON, MAYOR THIS AGREEMENT, made and entered into this 24th day of June, 1993 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Century Weatherproofing, Incorporated of the City of Rosston, County of Cooke, 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. 12608--Civic Center Waterproofing (Civic Center) in the amount of $37,773.00 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. June 24, 1993 Page 544 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) /s1 Betty M. Johnson /s/ David R. Langston Secretary Mayor APPROVED AS TO CONTENT: APPROVED AS TO FORM: ATTEST: Secretary Century Weatherproofing, Inc. CONTRACTOR By: TITLE: COMPLETE ADDRESS: Century Weatherproofing, Inc., Rosston P.O. Box 26 Rosston, Texas 76263 Motion was made by Councilmember Cooke, seconded by Councilmember Aderton to authorize Resolution #4181 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. June 24, 1993 Page 545 93-52A-545-449 (16.) BID #12614--Electronic Mail System, and authorize same (Information Services). RESOLUTION #4182 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 Fischer International Systems for an Electronic Mail System, 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 24th day of June, 1993. ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § /s/ David R. Langston DAVID R. LANGSTON, MAYOR THIS AGREEMENT, made and entered into this 24th day of June, 1993 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Fischer International Systems Corporation of the City of Naples, and the State of Florida, 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. 12614--Ecectronic Mail System (Information Services) in the amount of $25,000.00 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. June 24, 1993 Page 546 The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: CITY OF LUBBOCK, TEXAS (OWNER) /s/ Betty M. Johnson /s/ David R. Langston Secretary Mayor APPROVED AS TO CONTENT: APPROVED AS TO FORM: ATTEST: Secretary Fischer International Systems CONTRACTOR By: TITLE: COMPLETE ADDRESS: Fischer International Systems P.O. Box 9107 4073 Merchantile Avenue Naples, FL 33942-9981 Motion was made by Councilmember Cooke, seconded by Councilmember Aderton to authorize Resolution #4182 as recommended by Staff. Motion carried: 6 Yeas; Nays. 93-52A-546-450 (17.) ORDINANCE #9574--Zone Case #1490-M (located at the southeast corner of Slide Road and Loop 289)-- Request of David Goyette for Maclay Properties for a zoning change from C-4 with conditions to C-4 with conditions. ORDINANCE #9574 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1708-A; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE FOR GARDEN HOMES ON LOT 76, BOBALET HEIGHTS ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. According to staff memo, on December 10, 1992, the City Council approved Zone Case 1490-M on first reading for a shopping center. The proponent requested a delay of the second reading pending property acquisition. June 24, 1993 Page 547 The proponent has acquired only the previous Crow Chevrolet parcel and not the Alexis Park Shopping Center. The request for second reading is to amend the ordinance to include the north half of the original planned shopping center. Mr. Goyette presented a site plan detailing building locations, one out parcel, and curb cut locations. Subject to maintaining only two curb cuts on the Slide Road portion of the center, staff supported the request. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass on second and final reading Ordinance #9574 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 93-52A-547-451 (18.) ORDINANCE #9623--Zone Case #2692-A LO1 50th prefabricated structures on the parking lot on Lot D. Block 8. Lvndale Acres Addition. ORDINANCE #9623 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2692-A; A ZONING CHANGE FROM C-4 SPECIFIC USE TO C-4 SPECIFIC USE ZONING TO ALLOW DISPLAY OF PREFABRICATED STRUCTURES ON LOT D, BLOCK 8, LYNDALE ACRES ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 11:36 a.m. Dick Perrone appeared on behalf of McCoy Building Supply to present this request for zone change from C-4 Specific Use to C-4 Specific Use to amend the site plan. No one appeared in opposition. Mayor Langston closed the hearing at 11:38 a.m. David Jones, Director of Planning, stated that the McCoy Building Center on 50th Street at Avenue A was approved as C-4 with a Specific Use Permit several months ago. As C-4, no outside storage is permitted other than the yard storage noted on the original site plan. Mr. Perrone and the local manager were not informed that the finished buildings and/or deck displays are included in the definition "outside storage". Also, the existing McCoys on the West Loop is in an M-1 District, and the competition at Payless across Avenue A is in M-1 where the outside storage is permitted. Since the zoning is specific use, any provision made at this location would not set a precedent in terms of enforcement elsewhere. June 24, 1993 Page 548 93-52A-548-452 (19.) According to staff memo, for the last several years, the City staff has had a series of discussions with a number of Lubbock retailers in C-2, C-3 and C-4 Districts about outside storage. Staff anticipates a work session of the Planning and Zoning Commission in the near future regarding public hearings on current feelings in Lubbock about outside stack of goods, usually seasonal, at many of the large retail outlets. The objective is to gather opinions for the City Council to consider either relaxing the current prohibition for outside storage of goods in commercial districts or to intensify enforcement in conformance with the existing prohibition. No one appeared at the P&Z hearing and since this is Specific Use, the staff was comfortable with an approval. The P&Z Commission recommended approval by a vote of 6-0, subject to the following conditions: 1. The outside display shall be limited to the first six parking spaces east of the yard gate and parallel to 50th Street and the first three spaces west of the yard gate. 2. Should a parking shortage on the property be verified in writing by the Director of Planning, the operator of the facility shall remove all display items and make available the nine parking spaces. 3. Display items shall be complete storage sheds, green houses or decks. Staff supported the recommendation. Motion was made by Councilmember Neugebauer, seconded by Councilmember Patterson to pass on first reading Ordinance #9623 with conditions recommended by P&Z and City staff. Motion carried: 6 Yeas; 0 Nays. (for a branch bank) on a portion of Tract A-2, Farrar Estates Addition. ORDINANCE #9624 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2468-B; A ZONING CHANGE FROM GO TO C-2A SPECIFIC USE ZONING FOR A BRANCH BANK ON A PORTION OF TRACT A-2, FARRAR ESTATES ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 11:41 a.m. Ed Stiles appeared on behalf of Plains National Bank to present this request for zone change from GO to C-2A Specific Use. June 24, 1993 Page 549 No one appeared in opposition. Mayor Langston closed the hearing at 11:44 a.m. David Jones, Director of Planning, stated that following two cases in the previous months, the P&Z Commission was asked to include a branch bank on a vacant Garden Office piece of property. Mr. Jones gave the adjacent land use relationships as follow: North - Garden Office - vacant South - public park East - single family West - Garden Office and A-1 apt. According to staff memo, the area south of the alley to 75th Street is noted as high density residential on the Comprehensive Land Use Plan. When the Garden Office District was created several years ago, the intention was to serve as a buffer district. Discussion since creation of the GO has pondered whether or not "branch bank" should have been made a permitted use in GO since the services are more closely related to professional offices than local retail which is the heading of C2A. Nonetheless, the use is not GO and the proponents have requested a Specific Use Permit. A portion of the lot behind the town homes (north of the proposed bank) will remain GO. With regard to zoning policy, staff approved the proposed site plan, noting that the least desirable portion of branch banks is the drive thru. According to the proposed site plan, the bank building will face Slide. The drive thru facility will operate west of the building and direct most traffic to and from 75th Street rather than Slide Road. Regarding traffic, this proposed site plan places the least possible load on curb returns to Slide, causing most traffic to use 75th and enter Slide on. a public street. Several of the neighbors were concerned about the increase in traffic, and although an increase is anticipated, with the property already zoned GO and the existing adjacent apartments, traffic in this area is normally heavy. The proponent is using Specific Use to allow a 30-foot (versus 43-foot) setback on 75th. Under the GO guidelines, when no parking is proposed between the building and the property line, a 25 foot minimum is required. The proponent is requesting approval of the reduced setback within the flexibility contained in the Specific Use District. The Planning and Zoning Commission recommended approval of this request by a vote of 6-0, subject to the following conditions: 1. Limited to a branch bank; and 2. All unconditionally permitted GO uses Staff supported the recommendation of the Planning and Zoning Commission. June 24, 1993 Page 550 93-52A-550-453 (20.) Motion was made by Councilmember Ince, seconded by Councilmember Patterson to pass on first reading Ordinance #9624 with conditions recommended by P&Z and City staff. Motion carried: 6 Yeas; 0 Nays. ORDINANCE #9625--Zone Case #1123-D (5110 29th ORDINANCE #9625 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1123-D; A ZONING CHANGE FROM R-1 TO C-4 SPECIFIC USE ZONING FOR A FORMULA K RACEWAY ON A TRACT OUT OF SECTION 17, BLOCK B, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 11:47 a.m. Charley Zeni, Manager of Putt -Putt Golf and Games, appeared to request a zone change from R-1 to C-4 Specific Use, to adjust the site plan from a case approved several months ago. No one appeared in opposition. Mayor Langston closed the hearing at 11:49 a.m. David Jones, Director of Planning, gave the adjacent land use relationships as follow: North - vacant commercial South - water storage tank East - playa lake West - commercial According to staff memo, this land is commercial within the Comprehensive Land Use Plan. The current approval for the Grand Prix track is east of the golf course with a long parking lot north of the existing development. The scheme is not working because of a drainage ditch improvement. The batting cage and water bumper boats have already been constructed as approved by the existing site plan. During the last hearing, some opposition from the townhome owners to the north surfaced that resulted in a requirement for a fence along the entire north side either along the north lot line or along the alley. Within this request, Putt -Putt is re -orienting the track to the east and will have no parking north of existing development. They are requesting to fence only the portion of the north lot line from the golf course to the east limit of the new track. Since the parcel to the north is zoned C-3, no fencing would be required under normal conditions. With the amended location of the track and parking, the overall proposal is preferable. The proposal will have no effect on traffic. The Planning and Zoning Commission recommended approval of this request by a vote of 6-0. Staff supported the recommendation. June 24, 1993 Page 551 Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on first reading Ordinance #9625 as recommended by P&Z and City staff. Motion carried: 6 Yeas; 0 Nays. 93-52A-551-454 (21.) ORDINANCE #9626--Zone Case #2704 (west of Guava Avnnnn hn+wnnn I nnn 9QO nnA Cnc+ rr,,th C+rnntl -- Use (for a wrecking yard) on a 12 acre tract out of Section 3. Block S. Johnson Subdivision. ORDINANCE #9626 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2704; A ZONING CHANGE FROM M-2 TO M-2 SPECIFIC USE ZONING FOR A WRECKING YARD ON A 12 ACRE TRACT OUT OF SECTION 3, BLOCK S, JOHNSON SUBDIVISION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 11:54 a.m. Stephen Warren appeared to request a zone change from M-2 to M-2 Specific Use. No one appeared in opposition. Mayor Langston closed the hearing at 12:03 p.m. David Jones, Director of Planning, presented staff comments. The zoning code requires a Specific Use Permit for any "junkyards, salvage yards, or automobile wrecking yards". Mr. Jones gave the adjacent land use relationships as follow: North - zoned M-1 South - Loop 289 East - vacant, zoned M-2 West - vacant, zoned M-2 According to staff memo, the site plan and brochure submitted by the proponent indicates a new concept in part sales. The vehicles are stored in a rear yard until they are completely dismantled and taken to the building that specializes in particular vehicle parts. There is no long term debris left in the compound to scavenge parts and anything not stocked for sale is moved out as scrap. The existing zoning on the property is M-2. The Comprehensive Land Use Plan notes this area along the Loop as IDP. As noted in the site plan, the proponent responded to the eight Code guidelines for wrecking yards as follows: A. The operator will be licensed. B. The site plan notes an eight foot perimeter fence except where gates and buildings exist. No display area is proposed outside the fence. C. No stack will exceed the fence. D. The salvaged merchandise will be orderly. June 24, 1993 Page 552 E. Procedural - OK F. Procedural - OK G. Procedural - OK H. No advertising on the fencing. The project will have minimum effect on traffic. No objections were expressed from neighbors. The Planning and Zoning Commission recommended approval of this request by a vote of 6-0. Staff recommended approval. Motion was made by Councilmember Aderton, seconded by Councilmember Ince to pass on first reading Ordinance #9626 as recommended by P&Z and City staff. Motion carried: 5 Yeas; 1 Nay-- Councilmember Patterson. 93-52A-552-455 (22.) ORDINANCE #9627--Zone of T-97 and Trinitvl-- Robert Bryer) for a zoning change from R-1 to IHI on a tract out of Section 9, Block A. ORDINANCE #9627 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2705; A ZONING CHANGE FROM R-1 TO IHI ZONING ON A TRACT OUT OF SECTION 9, BLOCK A, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 12:09 p.m. A.L. Mangum appeared on behalf of Robert Bryer to present this request to zone a parcel north of Regis (FM 2641) from the status of R-1, inherited when the property was annexed, to Interstate Industrial. No one appeared in opposition. Mayor Langston closed the hearing at 12:14 p.m. David Jones presented staff comments and gave the adjacent land use relationships as follow: North - vacant South - single East - I-27 West - vacant and single family family and residential According to staff memo, the Comprehensive Land Use Plan indicates IDP approximately 1200 feet west from the centerline of I-27. This parcel is approximately 900 feet deep, and IHI zoning is compatible with the IDP policy. The zoning policy issues for this parcel are more complex. Several residential uses exist in the immediate area, and an RV storage and mini -warehouse facility was recently zoned approximately 1100 feet to the north. One property owner immediately south of this parcel, residing in the Lucille Addition just north of the Country Club, presented an objection to the proposed zoning. June 24, 1993 Page 553 Mr. Mangum advised that his prospective buyer is aware of the development standards for structures in IHI and the requirement for screening any outside storage from the Interstate. In addition, since the adjacent zoning is R-1, a screening fence will be required of any commercial development. The P&Z Commission expressed some concern at not knowing exactly what was being proposed on the property. The proposal should have little effect on traffic since it is on the service road of the Interstate. The request is within the policy as established by the Comprehensive Plan. The Planning and Zoning Commission and staff realize that this area of Lubbock has been slow to develop and that existing residential may be disrupted by progress. The ultimate use of this stretch of I-27 will be commercial and/or IDP/IHI. In order to allow the home noted on the application, it would require that a condition be attached by the Planning and Zoning Commission. The Planning and Zoning Commission recommended approval of this request by a vote of 6-0, subject to the following condition: 1. A resident manager/owner, mobile home or residence shall be permitted. Staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Neugebauer, seconded by Councilmember Ince to pass on first reading Ordinance #9627 with the condition recommended by P&Z and City staff and with the addition of the following two conditions: 2. Use of the property involving more than two commercial vehicles and the 5th wheel/mobile home or home noted in #1 shall require compliance with development standards for the Interstate Industrial District and #3 below. 3. A site plan for proposed structures and screening from both the Interstate and adjacent R-1 zoned property shall be reviewed by the Planning and Zoning Commission prior to issuance of a construction permit. Motion carried: 6 Yeas; 0 Nays. June 24, 1993 Page 554 �t-1: (23.) ORDINANCE #9628--Zone Case #2622-A (between Elgin and Boston Avenues on the north side of 81st Street) --Hold a public hearing to consider request of R. K. Alburtis for a zoning change from GO to R-1 on Lots 220 through 240, Gatewood Addition. ORDINANCE #9628 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2622-A; A ZONING CHANGE FROM GO TO R-1 ZONING ON LOTS 220 THROUGH 240, GATEWOOD ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 12:25 p.m. Mrs. R.K. Alburtis appeared to request this zone change from GO to R-1. No one appeared in opposition. Mayor Langston closed the hearing at 12:29 p.m. David Jones, Director of Planning, stated that as a downzone, the request is routine. This portion of 81st Street was rezoned to GO several years ago in anticipation of a market for professional offices that has not matured. Mr. Jones gave the adjacent land use relationships as follow: North - residential South - GO - vacant East - residential West - GO - vacant According to staff memo, the deed restrictions in this subdivision lapsed several years ago, and a much smaller home with no brick face has been built on 80th Street. As a result, a number of the property owners have banded together to refile the restrictions. Several residents west of Elgin also expressed concern for what restrictions would exist on the lots. While the City does not enforce deed restrictions, Mrs. Alburtis stated that a new set of restrictions is being signed by the owners of these 21 lots. The proposal is compatible with the Comprehensive Land Use Plan and zoning policy and should have a minimal effect on traffic. The Planning and Zoning Commission recommended approval of this request by vote of 6-0. Staff supported the recommendation. Motion was made by Councilmember Neugebauer, seconded by Councilmember Patterson to pass on first reading Ordinance #9628 as recommended by P&Z and City staff. Motion carried: 6 Yeas; 0 Nays. June 24, 1993 Page 555 93-52A-555-457 (24.) Continue a public hearing considering_ a rate change for South Plains Electric Cooperative, and take appropriate action. RESOLUTION #4183 ORDER WHEREAS, a notice of intent to change electric rates within the City of Lubbock was heretofore filed with the City Secretary of the City of Lubbock by South Plains Electric Cooperative; and WHEREAS, it has been determined that such rate change is a major change within the meaning of Vernon's Ann.Civ.St., Article 1446c; and WHEREAS, the City Council, sitting as a regulatory authority, is required to conduct a hearing with regard to major rate changes within the City of Lubbock; and WHEREAS, such hearing was commenced on May 13, 1993, and continued through June 24, 1993, at the request of South Plains Electric Cooperative; and WHEREAS, revised tariffs have been filed by South Plains Electric Cooperative with the City Secretary on May 25, 1993, to incorporate changes recommended by the Public Utility Commission staff; NOW THEREFORE: BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock, sitting as a regulatory authority under applicable provisions of the Public Utility Regulatory Act, Vernon's Ann.Civ.St., Art. 1446c, after due consideration of the evidence and testimony presented in a regulatory hearing conducted in this matter, hereby approves the implementation of the revised tariffs filed by South Plains Electric Cooperative immediately or as soon hereafter as shall be deemed practicable by the company. Ordered by the City Council as a regulatory authority this 24th day of June, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ J. Robert Massengale Robert Massengale, Assistant City Manager/Financial Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney June 24, 1993 Page 556 The City Council recessed the regular Council meeting at 12:25 p.m. and convened as a regulatory body to consider this item. Campbell McGinnis, Attorney for South Plains Electric Cooperative, indicated that the Public Utilities Commission (PUC) approved the SPEC requested rate schedule, with the exception of two pages of tariff rates that were left out of the request package as a result of a clerical error. Mr. McGinnis said he is certain that these tariff rates will be approved. Mr. McGinnis requested Council approval of the rate schedule that was approved by the PUC as well as the tariff rates that the PUC failed to approve due to the clerical error. Mr. McGinnis requested that approval be effective as of June 17, 1993. According to staff memo, this is the third continuance on this hearing because SPEC was coordinating this rate request with the one before the Public Utilities Commission. Staff was advised by SPEC that the Public Utilities Commission has approved their rate change request, and SPEC is now requesting final action by the City Council. Staff recommended approval of this request. An analysis of the request indicated that the net overall increase is 4.51 percent and it will produce approximately $924,052 in additional revenues for South Plains Electric Cooperative. Motion was made by Councilmember Aderton, seconded by Councilmember Cooke to authorize Resolution #4183 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. The Council reconvened their meeting, then recessed to continue the work session. 93-52A-556-458 (25.) Consider Resolution #4184 granting a Water Line Easement from the Airport to the Water Utilities Department. RESOLUTION #4184 WHEREAS, the Airport Board for the City of Lubbock, Texas, has voted to recommend to the City Council of the City of Lubbock that certain Airport premises hereinafter described be utilized by the Water Utilities Department of the City for a water line easement; and WHEREAS, the City Council herein finds that usage of such Airport premises hereinafter described is in the best interest of the citizens of the City of Lubbock and that there is no legal impediment which would prevent the Water Utilities Department from using the property as recommended; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Airport premises described in Exhibit A, attached to this Resolution and made a part hereof for all purposes, shall henceforth be utilized by the Water Utilities Department as a water line easement. June 24, 1993 Page 557 SECTION 2. THAT if the runway(s) and/or any other Airport improvements at the Lubbock International Airport are ever constructed or extended in an eastward direction, the Water Utilities Department will pay for the lowering and/or encasement of the water line described in Exhibit A. Passed by the City Council this 24th day of June, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Bern E. Case Bern E. Case, Director of Aviation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney Copies of the Exhibits are filed with Resolution No. 4184. According to staff memo, this resolution allows the Water Utilities Department to cross airport property at the east end of the East-West runway with an underground water line, and grants them an easement for such purpose. However, if the runway or any airport improvement such as a road is constructed or extended over the easement, the Water Utilities Department will pay for the lowering and/or encasement of their water line. The Right -of -Way Department recommended approval. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to authorize Resolution #4184 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. June 24, 1993 Page 558 93-52A-558-459 (26.) Consider Resolution #4185 authorizing the Mayor to RESOLUTION #4185 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal purposes and public purposes, to -wit: for the construction of 69th Street from Slide Road Westward to 66th Street; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described tract of land located in Lubbock County, Texas, be acquired for municipal purposes and public purposes as set forth in the preamble hereof, to -wit: Lot 1, Gilbert Addition to the City of Lubbock, Lubbock County, Texas. SECTION 2. THAT the Mayor of the City of Lubbock is hereby authorized to execute a Contract of Sale, attached to this Resolution and incorporated herein by this reference, for the purchase of the above described real property and improvements thereon for the sum of $96,000.00. SECTION 3. THAT if the above Contract of Sale is not executed by July 1, 1993, by all of the Owners of the above described property, such Owners being LEWIS LEE GILBERT and his wife, FRANCIS PAULINE GILBERT, the City Attorney of the City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said property for the municipal purposes and public purposes as aforesaid. SECTION 4. THAT funding for the acquisition by the City of Lubbock of the above -described property and improvements shall be from the Street Capital Projects Fund, Unreserved-Undesignated Account, which shall be reimbursed from funds collected as a result of the October 1993 bond sale. Passed by the City Council this 24th day of June, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Department APPROVED AS TO FORM: Harold Willard, Assistant City Attorney A copy of the Sales Contract between the City of Lubbock and Lewis Lee Gilbert and his wife, Francis Pauline Gilbert is filed with Resolution No. 4185. June 24, 1993 Page 559 According to staff memo, this contract of sale is to purchase right-of-way needed for the connection of 69th Street and Slide Road to 66th Street and Chicago Avenue, approved in the last bond election. This property to be purchased is the only tract of land with a residence on it for this project and the Gilberts have approached the City about selling it. Acquisition price of this house and one acre lot is $96,000. The Gilberts were asking $99,000 for this property, and this acquisition price is well within the budgeted amount. The Gilberts need to move to their business and have agreed to sell to the City rather than to investors. The Central Appraisal District shows the property valued at $93,026 and have not reappraised it for 1993. This resolution also approves the use of interim funds from the undesignated/unreserved street capital projects fund to purchase this house; when the bonds are sold in October, 1993, this account will be reimbursed. Staff will place a resolution on the July 8, 1993 City Council agenda to authorize the reimbursement of this expenditure with bond funds. Staff hopes to close on this property by the end of July, 1993. The Right -of -Way Department recommended approval. Motion was made by Councilmember Aderton, seconded by Councilmember Ince to authorize Resolution #4185 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 93-52A-559-460 (27.) Consider Ordinance #9629 abandoning and closing a L. portion of Weber Drive, East 25th Street, East 26 Street_ yak Avenue_ Fact 97th Street_ Fact 9Rth Coronado Addition to the City of Lubbock (2601 Weber Drive). ORDINANCE #9629 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF STREETS AND AN ALLEY LOCATED IN SECTION 5, BLOCK B OF THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. According to staff memo, this ordinance abandons and closes all the streets, avenues, and one alley located adjacent to the Greenfair Manor Apartments along Weber Drive south of East 24th Street for security purposes. Oscar Sharpe, the Director of the Lubbock Housing Authority, has been working with the Community Development Department on these closures. This apartment complex will be fenced in with gates to provide security for the residents. The total area of these closures is 3.835 acres, and they will remain as utility and drainage easements. The Community Development Department was the original dedicator of these street areas and will therefore not be charged for their closures. All utilities are in agreement and the preliminary plat has been approved. The Right -of -Way Department recommended approval. June 24, 1993 Page 560 93-52A-560-461 (28.) Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass on first reading Ordinance #9629 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. ORDINANCE #9630 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A 20 FOOT ALLEY AND A PORTION OF A 30 FOOT DRAINAGE EASEMENT LOCATED IN SECTION 17, BLOCK B, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFELCT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. According to staff memo, these two closures are located north of the Putt -Putt Golf Course and are being closed for platting purposes by Putt -Putt to expand northward. The drainage easement being closed will be replaced by a new drainage easement along the north side of the property. The alley area being closed will remain as a utility easement to satisfy utilities. The preliminary plat has been submitted and the $150 application fee has been paid. The Right -of -Way Department recommended approval. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to pass on first reading Ordinance #9630 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. June 24, 1993 Page 561 41%t'a.11-1-11 IM,1-IN (29.) Consider Resolution #4186 authorizing the Mayor to sign a contract with R/W Acquisition Associates (Indiana Avenue widening). RESOLUTION #4186 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 for Relocation Assistance Services by and between the City of Lubbock and R/W Acquisition Associates, 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 24th day of June, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney CONTRACT FOR RELOCATION ASSISTANCE SERVICES THE STATE OF TEXAS § LUBBOCK COUNTY § CITY OF LUBBOCK § THIS AGREEMENT, entered into this 24th day of June, 1993, by and between the City of Lubbock, Texas, hereinafter called "City," and R/W Acquisition Associates, hereinafter called "Associates." WITNESSETH: WHEREAS, the City proposed to move ten homes situated adjacent to Indiana Avenue and desires that Associates furnish the City certain professional services with regard to implementation of a relocation assistance program; and WHEREAS, such services are to be provided in complete conformity with the rules and regulations of the Texas Department of Transportation and the rules and regulations issued in response to the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. NOW, THEREFORE, the City and Associates, for the considerations and under the conditions hereinafter set forth, do hereby agree as follows: June 24, 1993 Page 562 SCOPE OF SERVICES Associates shall perform those services listed in its Proposal of June 9, 1993, a Copy of which is attached hereto as Exhibit A and made a part hereof for all intents and purposes. Such services shall include project review, displacee interviews, computation of relocation benefits, relocation assistance, application for benefits assistance and periodic status reports. SCHEDULE OF ACTIVITIES Associates shall have three months from the date of notification to proceed in which to complete the services outlined in Exhibit A above. COST OF SERVICES Total cost shall not exceed $16,000.00 for the performance of all services indicated in Exhibit A hereto. The City shall pay on the basis of monthly invoices provided by Associates and supported by time sheets, receipts and other documentation as needed. TERMINATION This contract may be terminated by either party upon thirty (30) days written notice to the other party. In such event, all finished or unfinished documents, data studies and reports shall, at the option of the City, become the property of the City and the Contractor shall be entitled to receive compensation for any satisfactory work completed prior to termination. PERSONNEL Associates represents that it has or will secure at its own expense all personnel required in the performance of services under this contract. Associates shall be an independent contractors, and its employees shall not be employees of the City. ASSIGNMENT This contract shall not be assigned by Associates without the express written consent of the City. LAW This contract shall be governed by the laws of the State of Texas. June 24, 1993 Page 563 ENTIRE AGREEMENT This contract and its Exhibit A contain the entire agreement of the parties hereto and it may not be altered or modified except in writing by agreement of both parties. THIS AGREEMENT is executed at Lubbock, Texas, on the date first above written. R/W ACQUISITION ASSOCIATES: Robert L. Ferguson, Vice President ATTEST: Secretary Agent CITY OF LUBBOCK /s/ David R. Langston David R. Langston, Mayor ATTEST: /s/ Betty M. Johnson Betty M. Johnson City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucv Ed Bucy, Right -of -Way APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of Exhibit "A" is filed with Resolution No. 4186. This contract is for relocation services to conform to federal policies and procedures necessary for the City to qualify for federal funds participation in the Indiana Avenue Widening Project from 34th Street southward to 50th Street. In this widening project, there are 26 houses and one business involved in order to begin construction. Two of these 26 houses were purchased over 20 years ago and federal regulations do not apply. In 1988, the voters approved $1 million in bond money to acquire 17 additional houses, and at that time, staff had no intention of using anything other than local funds for the project. Staff has since learned that the City is qualified for federal funds if federal regulations in a variety of areas, including land acquisition, are followed properly. Presently, there remain seven houses and one business to be acquired. The total cost of the Indiana Avenue Widening Project is $4,300,000, higher than originally estimated due entirely to federal R.O.W. regulations. However, compliance with these regulations will allow the City the opportunity to obtain $2,000,000 in federal funds towards the construction costs of the project. When the Intermodal Surface Transportation Efficiency Act (ISTEA) passed, the City of Lubbock became eligible to obtain federal funds towards the widening project. In order to be eligible for these federal funds, the city will need to comply with property acquisition regulations. The regulations also apply to those properties which the City of Lubbock has already acquired, except for the two houses which were purchased over 20 years ago. June 24, 1993 Page 564 In April, 1993, the City staff met with State and federal right-of-way representatives, who determined that for the City to obtain federal funds for the Indiana Avenue project, it would need to offer the 17 owners and/or tenants both appraisal and/or relocation services. This particular contract is just for relocation services for nine houses, including paypignt for moving expenses, rental assistance payments, and other eligible benefits. The appraisal procedure requirements will be handled by City staff. This contract is for relocation assistance on only 10 of the 24 properties. These 10 houses have been selected sine they are part of a Community Development program which intends to move the houses by September 15, 1993; therefore, the services of a relocation company are needed immediately. Relocation services for the remaining eight of 17 houses and the seven houses still to be acquired will be performed after the City receives bond money in October, at which time staff will again solicit bids. Funding for this work will come from the Undesignated/ Unreserved Street Capital Projects Fund which will be reimbursed when the bonds are sold in October. Five firms were contacted about bids on this work, all of them were from Texas or Oklahoma, and two of them declined because of time constraints. Staff recommended a contract with R/W Acquisition Associates for $14,400, or $1,600 per unit, who propose to begin in early July and provide all relocation services necessary to conform to the Federal Relocation Act. At the time that the bidding process was initiated, there were only nine houses for which relocation assistance was required and there are now 10 houses to be included in relocation. The R/W Acquisition Associates bid price is now $16,000 for 10 houses. The Right -of -Way Department recommended approval. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution #4186 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. June 24, 1993 Page 565 93-52A-565-463 (30.) Consider Resolution #4187 authorizing the Mayor to execute a Funding Agreement with Lubbock Regional Mental Health and Mental Retardation Center -Jim Kimmel Center. RESOLUTION #4187 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 Emergency Shelter Funding Agreement between the City of Lubbock and Lubbock Mental Health and Mental Retardation Center. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 24th day of June, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Sandy Ogletree Sandy Ogletree, Housing & Community Development Administrator APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney A copy of the Emergency Shleter Funding Agreement between the City of Lubbock and Lubbock Mental Health and Mental Retardation Center is filed with Resolution No. 4187. On February 11, 1993, the Lubbock City Council approved the City of Lubbock's application to the U. S. Department of Housing and Urban Development for a $38,000 Emergency Shelter Grant. On April 22, 1993, the City Council approved the funding recommendations of the Emergency Shelter Grant Program Subcommittee. The primary emphasis of the Emergency Shelter Grant Program is the renovation of facilities and prevention of homelessness. June 24, 1993 Page 566 The approved allocation for the Lubbock Regional Mental Health and Mental Retardation Center - Jim Kimmel Center is for $25,500. The Funding Agreement is for the replacement of a grease trap and re -roofing of their facility at 1202 Main Street. The Jim Kimmel Center is a three -wing converted hotel located in downtown Lubbock, which is structurally sound and well maintained. The Emergency Shelter funding would allow badly needed roof repairs and replace a defective grease trap in the kitchen. The allocated funds will replace the roofs of all three wings of the facility. The roof leaks on all wings, with the most severe damage occurring on the fifth floor which houses the medical detoxification unit. The original grease trap, which was installed prior to the purchase of the facility, is inadequate in size and was installed backwards; the replacement of the trap will bring it up to City standards. Staff recommended approval. Motion was made by Councilmember Neugebauer, seconded by Councilmember Patterson to authorize Resolution #4187 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 93-52A-566-464 (31.) Consider Resolution #4188 authorizing the Mayor to execute a Funding Agreement with Women's Protective Services of Lubbock. Inc. RESOLUTION #4188 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 Emergency Shelter Funding Agreement between the City of Lubbock and Women's Protective Services. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 24th day of June, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Sandy Ogletree Sandy Ogletree, Housing & Community Development Administrator APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney A copy of the Shelter Funding Agreement between the City of Lubbock and Women's Protective Services is filed with Resolution No. 4188. June 24, 1993 Page 567 The City Council approved Emergency Shelter Grant Subcommittee recommendation on April 22, 1993 to Women's Protective Services (WPS) for $10,600. The allocated funds will provide rehabilitation of the WPS facility and essential services and operating assistance for the shelter. In 1992 Women's Protective Services, Inc. sheltered 2,065 women and children. Services were provided to 678 non-resident women and 2,728 hotline calls were received for a total of 5,472 clients. From 1988 to 1992, WPS has experienced a 10 percent increase every year in total clients served. In 1992, WPS experienced a reduction of clients by one percent due to a lack of shelter capacity and personnel. The Women's Protective Services will utilize these funds for the installation of additional security, exhaust fans, and partial funding of a support services advocate. The Social Services Advocate is also partially funded by the State. Staff recommended approval. Motion was made by Councilmember Ince, seconded by Councilmember Cooke to authorize Resolution #4188 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 93-52A-567-465 (32.) Elect Mayor Pro Tempore to fill the vacancy created by the resignation of Maggie Tre.io. RESOLUTION #4189 WHEREAS, the members of the City Council of the City of Lubbock are required by the Charter of the City of Lubbock to elect a mayor pro tem from among the members of the City Council; and WHEREAS, the resignation of Mayor Pro Tem Maggie Trejo has created a vacancy in such office; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT Randy Neugebauer is elected mayor pro tem of the Lubbock City Council until such time as a successor may be elected and qualified. Passed by the City Council this 24th day of June, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney June 24, 1993 Page 568 The City Charter requires that every two years at the meeting following the seating of the City Council members, the Council select a Mayor Pro Tempore to serve a two-year term. With the recent resignation of Councilwoman Maggie Trejo, the City Council is required to elect a Mayor Pro Tempore to fill her term which will expire in May, 1994. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution #4189, electing Randy Neugebauer as Mayor Pro Tempore through May, 1994. Motion carried: 5 Yeas; 0 Nays. (33.) Consider Resolution #4190 authorizing the Mayor to execute a royalty pooling agreement with Texland Petroleum, Inc. RESOLUTION #4190 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 Royalty Pooling Agreement by and between the City of Lubbock and Texland Petroleum, Inc., attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 24th day of June, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ J. Robert Massengale Robert Massengale, Assistant City Manager/Financial Services APPROVED AS TO FORM: /s/ Jean E. Shotts, Jr. Jean E. Shotts, Jr., Trial Attorney June 24, 1993 Page 569 ROYALTY POOLING AGREEMENT SECTION 5, BLOCK A LUBBOCK COUNTY, TEXAS STATE OF TEXAS § COUNTY OF LUBBOCK § WHEREAS Texland Petroleum, Inc. (hereinafter called TEXLAND) of 500 Throckmorton, Suite 3100, Fort Worth, Texas 76102 is the current operator and a leasehold owner of the following described Oil and Gas Leases covering lands in Section 5, Block A, Lubbock County, Texas: L# 1749-B - The Citv Lease Date: December 13, 1984 Lessor: The City of Lubbock, Texas Lessee: Texland Petroleum, Inc. Recording: Volume 55, Page 685, Oil Gas and Mineral Records Lubbock County, Texas Description: All of Section 5, Block A, Lubbock County, Texas, LESS AND EXCEPT that certain 8.4 acre tract of land described as Lot 1, Allen Industrial Park Addition to the City of Lubbock. L# 1749-C - The Grinnell Lease Date: April 19, 1989 Lessor: Grinnell Corporation Lessee: Texland Petroleum, Inc. Recording: Volume 3086, Page 218, Official Real Property Records, Lubbock County, Texas Description: All of Lot 1, Allen Industrial Park Addition to the City of Lubbock, containing 8.4 acres. WHEREAS TEXLAND has drilled and completed fifteen (15) oil wells in the Clearfork Formation under Section 5, Block A, Lubbock County, Texas (hereinafter called Section 5). WHEREAS pursuant to the authority granted in the City Lease and the Grinnell Lease, TEXLAND did pool and combine all of the 8.4 acres in the Grinnell Lease with 31.6 acres of the City Lease to form a single forty (40) acre pooled unit being more particularly described in that certain Declaration of Pooled Unit dated June 12, 1989 and recorded in Volume 3102, page 193 of the Real Property Records of Lubbock County, Texas, reference to which is hereby made for a metes and bounds description of said Pooled Unit. WHEREAS the CITY OF LUBBOCK, whose mailing address is P.O. Box 2000, Lubbock, Texas 79457, was the owner of one-half of the oil and gas estate under all of Section 5 except Lot 1 of the Allen Industrial Park Addition to the City of Lubbock, when it executed the City Lease; WHEREAS the GRINNELL CORPORATION, whose mailing address is 1 Tyco Park, Exeter, New Hampshire 03833, was the owner of one-half of the oil and gas estate under all of Lot 1, Allen Industrial Park Addition to the City of Lubbock when it executed the Grinnell Lease; WHEREAS TEXLAND desires to conduct certain additional development operations in the Clearfork Formation under Section 5 which will involve drilling one or more wells in and/or around the LIF - Lubheirs Unit #7 in Section 5 and converting certain existing wells to water injection wells to increase the ultimate recovery of oil from the Clearfork Formation under all of Section 5. WHEREAS in order to protect the rights of the City of Lubbock and the Grinnell Corporation in the oil and gas under Section 5, it is deemed necessary and desirable to pool and combine their respective royalty interests in the Clearfork Formation under all of Section 5. June 24, 1993 Page 570 NOW THEREFORE, in consideration of the above stated premises and the mutual agreements contained herein, it is agreed as follows: Section 1. Definitions As used in this agreement: A. Pooled Area - means all of Section 5, Block A, Lubbock County, Texas. B. Pooled Formation - means all that subsurface interval commonly known as the Clearfork Formation and more specifically herein defined as the stratigraphic equivalent of the depths from 4850' to 5250' under Section 5 as found in the Texland-Rector & Schumacher Lif-Lubheirs #1 well located 1980' FSL and 660' FEL of Section 5, Block A, Lubbock County, Texas. C. Pooled Substances - means all oil, gas, gaseous substances, sulphur contained in gas, condensate, distillate and all associated liquid hydrocarbons within or produced from the Pooled Formation. D. Tract refers to either of the two following parts of Section 5. Tract 1 - All of Section 5 LESS AND EXCEPT the forty (40) acre Pooled Unit for the LIF-Lubheirs #7 described by metes and bounds in the Declaration of Pooled Unit dated June 12, 1989 and recorded in Volume 3102, Page 193 of the Real Property Records of Lubbock County, Texas. Tract 2 - The forty (40) acre Pooled Unit for the LIF-Lubheirs #7 Unit which is referenced hereinabove. E. Tract Participation - means the percentage shown below for allocating pooled substances to each Tract: Tract 1 Lubheirs #1-6, 8-15 88% Tract 2 Lubheirs #7 12% 100% F. Oil and Gas Rights - means the rights to explore, develop and operate lands within the Pooled Area for the production of Pooled Substances, or to share in the production of oil and gas from the Pooled Formation or the proceeds of such production. G. Royalty Owner - means the owner of a royalty interest in the Oil and Gas Rights in the Pooled Formation. H. Effective Date - means April 1, 1993, at 7:00 A.M. local time. Section 2. Implementation of Pooling Agreement All Oil and Gas Rights of Royalty Owners in and to the Pooled Formation under the Pooled Area are hereby pooled and combined so that operations may be conducted with respect to the Pooled Formation as if the Pooled Area had been included in a single lease executed by all Royalty Owners and as if the lease contained all the provisions of this Agreement. The City Lease and the Grinnell Lease and all other instruments pertaining to the Tracts herein described or production therefrom are hereby amended to the extent necessary to make them conform to the provisions of this Agreement, but otherwise shall remain in effect. Production of Pooled Substances from any part of the Pooled Formation, except for the purpose of determining payments to Royalty Owners, or other operations shall be considered production from or operations upon each Tract described herein, and such production or operations shall continue in effect each lease as to all the lands and formations covered thereby just as if such production was from or operations were conducted on each Tract. June 24, 1993 Page 571 Nothing herein shall be construed to result in the transfer of title to Oil and Gas Rights by any party hereto to any other party. Royalty Owners hereby grant TEXLAND the right to inject into the Pooled Formation any substance in whatever amounts TEXLAND deems expedient for recovery of oil and/or gas from the Pooled Formation; together with the right to drill, use, and maintain injection wells on the Pooled Area and to use for injection purposes any non -producing wells, dry holes, and any producing wells completed in the Pooled Formation subject only to all local, state, and federal rules and/or regulations governing such operations; provided, however, that none of the operations described in this paragraph shall be conducted on the surface of either Tract without the prior written consent of the surface owners thereof. Section 3. Allocation of Pooled Substances All Pooled Substances produced and saved from the Pooled Formation shall be allocated to the two Tracts in accordance with the respective Tract Participations. The amount of Pooled Substances allocated to each Tract, regardless of whether the amount is more or less than the actual production of Pooled Substances from the well or wells, if any, on such Tract, shall be deemed for all purposes to have been produced from such Tract. The Pooled Substances allocated to each Tract shall be distributed among, or accounted for to, the parties entitled to share in production from such Tract in the same manner, in the same proportions, and upon the same conditions as they would have participated and shared in actual production from such Tract, or in the proceeds thereof, had this Agreement not been entered into, and with the same legal effect. Section 4. Transfer of Title Any conveyance of all or any part of any Royalty Interest owned by either party hereto with respect to any Tract shall be made expressly subject to this Agreement. If any Oil and Gas Rights in a Tract hereafter become divided and owned in severalty as to different parts of the Tract, the owners of the divided interests, in the absence of an agreement providing for a different division, shall share in the Pooled Substances allocated to the Tract, or in the proceeds thereof, in proportion to the surface acreage of their respective parts of the Tract. Each party hereto agrees that, during the existence of this Agreement, it will not resort to any action to partition the Pooled Formation, and to that extent waives the benefits of all laws authorizing such partition. Section 5. Relationship of Parties The duties, obligations, and liabilities of the parties hereto are intended to be several and not joint or collective. This Agreement is not intended to create, and shall not be construed to create, an association or trust, or to impose a partnership duty, obligation, or liability with regard to any party hereto. Each party shall be individually responsible for its own obligations. This Agreement is not intended to impose, and shall not be construed impose, upon any Royalty Owner any obligation to pay any expense associated with producing Pooled Substances unless such Royalty Owner otherwise obligated to do so. Section 6. Laws and Regulations to is This Agreement shall be subject to all applicable federal, state, and municipal laws, rules, regualations and orders including, but not limited to, the Oil and Gas Drilling Ordinances of the City of Lubbock. June 24, 1993 Page 572 Section 7. Effective Date This Agreement shall be effective for all purposes on April 1, 1993, at 7:00 A.M. local time. Section 8, Term The term of this Agreement shall be for the time that Pooled Substances are produced in paying quantities or other operations with respect to the Pooled Formation are conducted on the Pooled Area without a cessation of more than sixty (60) consecutive days. Upon termination of this Agreement, each Oil and Gas Lease covering lands in the Pooled area shall remain in force for thirty (30) days after the date on which the Agreement terminates, and for such further period as is provided by the specific lease terms. Section 9. Execution A Royalty Owner may become a party to this Agreement by signing the original of this Agreement, a counterpart thereof, or other instrument agreeing to become a party hereto. The signing of any such instruments shall have the same effect as if all parties had signed the same instrument. Execution by any party shall commit all Oil and Gas Rights owned or controlled by such party. Section 10, Successors and Assigns This Agreement shall extend to, be binding upon, and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns, and shall constitute a covenant running with the lands, leases, and interests covered hereby. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the dates opposite their respective signatures. June 24, 1993 Date May 3, 1993 Date Date STATE OF TEXAS § COUNTY OF LUBBOCK § CITY OF LUBBOCK /s/ David R. Langston By: David R. Langston, Mayor GRINNELL CORPORATION /s/ Name Not Legible By: Vice President TEXLAND PETROLEUM, INC. Lease Operator By: R. J. Schumacher Title: President ACKNOWLEDGEMENTS This instrument was acknowledged before me this 28th day of June, 1993, by David R. Langston as Mayor for the City of Lubbock. /s/ Beatrice Cervantez Notary Public for the State of Texas June 24, 1993 Page 573 STATE OF NEW HAMPSHIRE § COUNTY OF ROCKINGHAM § This instrument was acknowledged before me this 4th day of May, 1993 by Bernard J. Doherty, Vice President of Grinnell Corporation, A Delware corporation, on behalf of said corporation. Ls/ Theresa M. Hann Notary Public for the State of New Hampshire STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me this day of April, 1993, by R. J. Schumacher, President of Texland Petroleum, Inc., a Texas corporation, on behalf of said corporation. Notary Public for the State of Texas The City of Lubbock owns a one-half mineral interest under all of Section 5, Block A, Lubbock County, Texas, except for 8.4 acres owned by Grinnell Corporation. The other one-half interest is owned by Lubheirs, Inc. Texland Petroleum secured leases from Grinnell Corporation, Lubheirs, Inc., and the City of Lubbock, and those leases were pooled and a 40-acre unit formed. Since its formation, 15 wells have been drilled in Section 5. A water injection program has been instituted by Texland Petroleum, with the anticipated result being an increase in the amount of oil recovered from the Clearfork formation. A number of wells in Section 5 will be converted to injection and ultimately additional in -field drilling will be required. To ensure as successful a water injection program as possible, Texland Petroleum requested that the City of Lubbock and Grinnell Corporation pool their royalty interests in Section 5, with each sharing in the production derived from all wells in that section. Pooling of the Grinnell Corporation interest with the City of Lubbock interest would result in a sharing of royalty income form all wells within Section 5. The ownership of the respective royalty interests in all production under Section 5 would be as follows: Current Proposed Royalty Royalty Interest Interest City of Lubbock 12 % of .0987500 + 88% of .125 or .1218500 Grinnell Corp. 12% of .0196875 or .0023625 According to staff memo, pooling agreements of this kind are common, especially when the lessee is attempting secondary recovery activities. Staff recommended approval. June 24, 1993 Page 574 93-52A-574-467 (34.) 93-52A-574-468 (35.) 93-52A-574-469 (36.) 93-52A-574-470 (37.) 93-52A-574-471 (38.) 93-52A-574'-472 (39.) Motion was made by Councilmember Cooke, seconded by Councilmember Ince to authorize Resolution #4190 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. Hold an executive session, in accordance with Article 6252-17, Sec. 2(_g), VATS, to discuss personnel matters (City Secretary). This item was held. Hold an executive session, in accordance with Article 6252-17, Sec. 2(e), VATS, to discuss pending litigation (Planning Department). Hold an executive session, in accordance with Article 6252-17, Sec. 2(g), VATS, to discuss personnel matters regarding duties, responsibilities and/or appointments to: Board of Health Civic Centers Board Community Development Advisory Commission Boards and Commissions Advisory Board Canadian River Municipal Water Authority Consider one appointment to the Board of Health. Kye Lear declined reappointment. Motion was made by Councilmember Cooke, seconded by Mayor Pro Tem Neugebauer to appoint Vernon Farthing to the Board of Health. Motion carried: 6 Yeas; 0 Nays. Consider two appointments to the Civic Centers Board to replace Charley Pope and Bob Nash. Motion was made by Councilmember Cooke, seconded by Mayor Pro Tem Neugebauer to appoint Shirley Christian and Mitzi Jordan to the Civic Centers Board. Motion carried: 6 Yeas; 0 Nays. Consider two appointments to the Community Development Advisory Commission to replace Sharon Bennett whose term has expired and Blondell Lewis who declined appointment. Motion was made by Councilmember Cooke, seconded by Mayor Pro Tem Neugebauer to hold appointments to the Community Development Advisory Commission. Motion carried: 6 Yeas; 0 Nays. June 24, 1993 Page 575 93-52A-575-473 (40.) Consider one appointment to the Boards and Commissions Advisory Board. The term of Owen McWhorter, Jr. will expire July 23, 1993. Motion was made by Councilmember Cooke, seconded by Mayor Pro Tem Neugebauer to reappoint Owen McWhorter, Jr. to the Boards and Commissions Advisory Board. Motion carried: 6 Yeas; 0 Nays. 93-52A-575-474 (41.) Consider one appointment to the Canadian River Municipal Water Authority. The term of Warlick Carr will expire July 31, 1993. Motion was made by Councilmember Cooke, seconded by Mayor Pro Tem Neugebauer to appoint James Collins on the Canadian River Municipal Water Authority. Motion carried: 6 Yeas; 0 Nays. There being no further business to co efore Council, motion was made by Councilmember Ince, seconded by(oCouncil—mleRber Patterson to adjourn the meeting at 3:47 p.m. Motion c rried: 6 as; s. I. ATTEST: etty M. Joh on, City Secretary Read and approved this the 8th day ATTEST: (�' a 0"L BettyM. JohnAn, City Secretary