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