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HomeMy WebLinkAboutMinutes - City Council - Regular - 10/10/1985560 REGULAR CITY COUNCIL MEETING MINUTES OCTOBER 10, 1985 The City Council of the City of Lubbock, Texas met in regular session on the loth day of October, 1985 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 9:00 a.m. Present: Mayor Alan Henry, Mayor Pro Tem George Carpenter, Councilman T. J. Patterson, Councilman E. Jack Brown, Councilwoman Joan Baker, Councilwoman Maggie Trejo, Councilman Bob Nash, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr., and City Secretary Ranette Boyd. Mayor Henry called the meeting to order at 9:00 a.m. 85-44A-560-840 ( 1.) The Invocation was given by Bob Cass, Deputy City Manager. 85-44A-560-841 ( 2.) The Pledge of Allegiance to the Flag was given in unison by those in the Council Chambers. 85-44A-560-842 ( 3.) PROCLAMATIONS "4-H Week" October 6-12, 1985 "Grandmothers Day" October 12, 1985 "Twins Day" October 12, 1985 "Handicap Awareness Week" October 13-19, 1985 "School Lunch Week" October 13-19, 1985 "Foster Grandparents Day" October 17, 1985 "Business Women's Week" October 20-26, 1985 "Diabetes Month" November, 1985 85-44A-560-843 ( 4.) Motion was made by Councilwoman Trejo, seconded by Councilwoman Baker to approve the Minutes of the September 26, 1985 City Council Meeting as written. Motion carried: 7 Yeas; 0 Nays 85-44A-560-844 ( 5.) ORDINANCE #8822--Zone Case #2539 (northeast corner of 19th and Inler)--Request of R. T. Frederisken for chang of zoning from T to C-3 on tract of land out of Section 2, Block D-6. ORDINANCE #8822 ORDINANCE NO. 8822 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2539; A CHANGE OF ZONING FROM "T" TO C-3 UNDER PROVISIONS OF SECTION 29-29 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, ON A TRACT OF LAND OUT OF SECTION 2, BLOCK D-6, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 29-31(a) OF THE ZONING ORDINANCE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLI- CATION. 561 October 10, 1985 FWIKIEJ12:11>E ( 6.) ORDINANCE #8823--Zone Case #2540 (514 50th Street) -- Request of Robert M. Phillips for J. W. Wright, W. H. TDub Hicks, and Ethel Miller for a change of zoning from C-3 to C-4 on Lots 2, 3, and 4, Block 14 of the south 126 of the east 75 of Block 4, Suburban Homes Addition. ORDINANCE #8823 ORDINANCE N0. 8823 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2540; A CHANGE OF ZONING FROM C-3 TO C-4 UNDER PROVISIONS OF SECTION 29-29 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, ON LOTS 2, 3, AND 4, BLOCK 4, AND THE SOUTH 126- OF THE EAST 75- OF BLOCK 4, SUBURBAN HOMES ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 29-31(a) OF THE ZONING ORDINANCE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 85-44A-561-846 ( 7.) ORDINANCE #8825--Zone Case #2115-D (southeast corner of 87th Street and University Avenue) --Request of Mark Barron for Barron and Padgett for change of zoning from A-1 to C-2A on Lots 231-239, Bicentennial Estates Addition. ORDINANCE #8825 ORDINANCE NO. 8825 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2115-D ; A CHANGE OF ZONING FROM A-1 TO C-2A UNDER PROVISIONS OF SECTION 29-29 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK ON LOTS 231 THROUGH 239, BICENTENNIAL ESTATES ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 29-31(a) OF THE ZONING ORDINANCE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 85-44A-561-847 ( 8.) ORDINANCE #8826--Zone Case #1923-F (northwest corner of 58th Street and Chicago Avenue) --Request of Mark Barron for Barr-Wrig t Second Joint Venture for a change of zoning to delete conditions of Ordinance #8589 on Tract E, C. C. Knott Addition. ORDINANCE #8826 ORDINANCE NO. 8826 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 1923-F; CHANGE TRACT E, C. C. KNOTT ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, TO DELETE LIMITATIONS ON C-2 ZONING CONTAINED IN CONDITION "a" OF ORDINANCE NO. 8589 AND PROVIDE THAT IT BE SUBJECT TO FURTHER CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 29-31(a) OF THE ZONING ORDINANCE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 85-44A-561-848 ( 9.) ORDINANCE #8824--Zone Case #2541 (southwest corner of 19th Street and Alcove Avenue) --Request of Wes Hallmark for Glenn Maness for change of zoning from T to C-4 on a tract of land out of Section 41. Block A-K. ORDINANCE #8824 October 10, 1985 562 ORDINANCE NO. 8824 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2541; A CHANGE OF ZONING FROM "T" TO C-4 UNDER PROVISIONS OF SECTION 29-29 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, ON A TRACT OF LAND OUT OF SECTION 41, BLOCK AK, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 29-31(a) OF THE ZONING ORDINANCE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICA- TION. 85-44A-562-849 (10.) ORDINANCE #8827--Zone Case #2538--Request of City of Lubbock to change a tract of land described in the Ordinance, from T to R-1 Zoning District and RE Specific Use Permits for Residential Estates on areas located in — the Carlisle Annexation. ORDINANCE #8827 ORDINANCE NO. 8827 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2538; A CHANGE OF ZONING FROM "T" TO R-1 ZONING DISTRICT UNDER PROVISIONS OF SECTION 29-29 OF THE ZONING ORDINANCE AS CODIFIED, AND TO RE SPECIFIC USE PERMITS UNDER PROVISIONS OF SECTION 29-24(c)(3) OF THE ZONING ORDINANCE FOR RESIDENTIAL ESTATES ON A TRACT OF LAND COMMONLY KNOWN AS THE CARLISLE ANNEXATION AND MORE PARTICULARLY DESCRIBED HEREIN, SAVE AND EXCEPT CERTAIN AREAS WHICH HAVE BEEN PREVIOUSLY ZONED AND ARE TO BE EXCLUDED FROM THESE R-1 AND RE SPECIFIC USE DISTRICTS, AND SAVE AND EXCEPT CERTAIN AREAS WHICH ARE NOT TO BE REZONED AND ARE TO REMAIN "T" TRANSITION DISTRICT; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 85-44A-562-850 (11.) ORDINANCE #8829--Amending Ordinance #7084 by increasing the penalty for violation of any provision of that Ordinance. ORDINANCE #8829 ORDINANCE NO. 8829 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 BY INCREASING THE PENALTY FOR VIOLATION OF ANY OF THE PROVISIONS OF ORDINANCE NO. 7084; PROVIDING A SAVINGS CLAUSE; AND PROVIDING A PENALTY. 85-44A-562-851 (13.) ORDINANCE #8819-A-Amending the Junk Vehicle Ordinance. ORDINANCE #8819-A ORDINANCE NO. 8819-A AN ORDINANCE AMENDING SECTIONS 16-368, 16-376 AND 16-377 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, AND ADDING A NEW SECTION 16-380 TO ART. XIII OF SAID CODE; PROVIDING FOR DEFINITIONS; PROVIDING FOR A PUBLIC HEARING FOR REMOVAL; PROVIDING FOR NOTICE PROCEDURES FOR PUBLIC HEARINGS; PROVIDING PROCEDURES FOR THE ZONING AND ENVIRONMENTAL OFFICE OF THE CITY TO FOLLOW AT PUBLIC HEARINGS; AUTHORIZING THE BOARD OF ADJUSTMENT OR OTHER DESIGNATED BOARD TO ADOPT RULES FOR THE CONDUCT OF PUBLIC HEARINGS; PROVIDING FOR A PENALTY AS SET FORTH IN SECTION 16-369 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK; PROVIDING FOR A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 85-44A-562-852 (14.) ORDINANCE #8743--Amending the Urban Renewal Plan for the LUDDOCK weignDornooa Development Program TEX. A-14(c) 4th Action Year, Phase Two. ORDINANCE #8743 563 October 10, 1985 ORDINANCE NO. 8743 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LUBBOCK APPROVING AND ADOPTING AN AMENDMENT TO THE URBAN RENEWAL PLAN FOR LUBBOCK NEIGHBORHOOD DEVELOPMENT PROGRAM, NO. TEX. A-14(C), FOURTH ACTION YEAR, PHASE I. 85-44A-563-853 (15.) ORDINANCE #8744--Amending Chapter 6 of Code of Ordinances concerning the Uniform Building Code and the Uniform Mechanical Code by changing Section 32 c regarding fire wall regulations for zero lot line dwellings and regarding requirements for plans. ORDINANCE #8744 [0 ITUMBI]WIRCM AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, ENTITLED "BUILDINGS AND BUILDING REGULATION," BY AMENDING SECTION 6-22 BY CHANGING SECTION 302(c) OF CHAPTER 3 OF THE UNIFORM BUILDING CODE TO REFLECT CHANGED REQUIREMENTS FOR PLANS; AND BY ADDING A NEW SECTION 6-31.2 REVISING TABLE 5-A OF THE UNIFORM BUILDING CODE CONCERNING FIRE WALL REQUIREMENTS FOR ZERO LOT LINE DWELLINGS; AND BY RENUMBERING SECTION 6-103.1 TO 6-103.2; AND BY ADDING A NEW SECTION 6-103.1 AMENDING SECTION 302(c) OF CHAPTER 3 OF THE UNIFORM MECHANICAL CODE TO REFLECT CHANGED REQUIREMENTS FOR PLANS; PROVIDING FOR A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 85-44A-563-854 (16.) ORDINANCE #8835--Changing various penalties pertaining to fire safety, public health and sanitation. ORDINANCE #8835 ORDINANCE NO. 8835 AN ORDINANCE AMENDING THE GENERAL PENALTY PROVISION OF THE LUBBOCK CODE OF ORDINANCES TO PROVIDE FOR MAXIMUM FINES NOT EXCEEDING ONE THOUSAND DOLLARS FOR VIOLATION OF SPECIFIED PROVISIONS OF SAID CODE OF ORDINANCES; SPECIFYING THAT CERTAIN PENALTY PROVISIONS WITHIN THE LUBBOCK CODE OF ORDINANCES BE AMENDED TO PROVIDE FOR MAXIMUM FINES NOT EXCEEDING ONE THOUSAND DOLLARS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICA- TION. Motion was made by Councilman Patterson, seconded by Councilman Nash passing on second and final reading Ordinance #'s 8822 (Item #5), 8823 (Item #6), 8825 (Item #7), 8826 (Item #8), 8824 (Item #9), 8827 (Item #10), 8829 (Item #11), 8819 (Item #13), 8743 (Item #14), 8744 (Item #15), 8835 (Item #16). Motion carried: 7 Yeas; 0 Nays. 85-44A-563-855 (12.) ORDINANCE #8832--Amending Ordinance #8190 authorizing removal of traffic signals at 9th Street and Avenue J and Broadway and Avenue N. ORDINANCE #8832 ORDINANCE NO. 8832 AN ORDINANCE CANCELLING AUTHORITY AND APPROVAL FOR TRAFFIC SIGNALS AT BROADWAY AND AVENUE N AND 9TH STREET AND AVENUE J AND AUTHORIZING THE REMOVAL OF SAID TRAFFIC SIGNALS AS OPERATIVE TRAFFIC SIGNALS. Motion was made by Councilman Nash, seconded by Councilwoman Baker passing on second and final reading Ordinance #8832. Motion carried: 7 Yeas; 0 Nays. October 10, 1985 85-44A-564-856 (17.) ORDINANCE #8707--Amending the Urban Renewal Plan for the Memorial Center Complex Urban Renewal Project #TEX. R-138 c . ORDINANCE #8707 ORDINANCE NO. 8707 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LUBBOCK APPROVING AND ADOPTING AN AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE MEMORIAL CENTER COMPLEX URBAN RENEWAL PROJECT, NO. TEX.R-138(C). City Council approved this Ordinance on first reading January 24, 1985. This Plan Change expands the Memorial Center Plan, but not to the extent originally proposed at the first hearing. The proposed change enlarges the Memorial Center area by adding a triangular shaped property with boun- daries of the Panhandle and Santa Fe Railroads, the alley between Paris Avenue and Avenue P and 4th Street. Restrictions and requirements are similar to the existing Plan. This revised Plan Change was reviewed by the Urban Renewal Board at their September 17 meeting. Motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Carpenter passing on second and final reading Ordinance #8707 as recommended by the Urban Renewal Board and City Staff. Motion carried: 7 Yeas; 0 Nays. 85-44A-564-857 (18.) ORDINANCE #8708--Amending the Urban Renewal Plan for the Lubbock Neighborhood Development Program, Project #TEX. A-14 c . ORDINANCE #8708 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LUBBOCK APPROVING AND ADOPTING AN AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE LUBBOCK NEIGHBOR- HOOD DEVELOPMENT PROGRAM, PROJECT NO. TEX.A-14(C). This Amendment consists of a boundary revision to the Neighborhood Development Plan, and deletes the revised area of the Memorial Center area. This Ordinance was considered on first reading January 24, 1985. Motion was made by Councilman Brown, seconded by Council- woman Trejo passing on second and final reading Ordinance #8708. Motion carried: 7 Yeas; 0 Nays. 85-44A-564-858 (19•) Consider Resolution #2159 authorizing the Mayor to sign an Agreement with the Atchison, Topeka and Santa Fe Rai way Company concerning improvements in Santa Fe Park. RESOLUTION #2159 565 October 10, 1985 RESOLUTION #2159 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 r �n . '~f0 d on 0f the City Of Lubbock an Agreement hv and between the City of Lubbock and Atchison, Topeka and Santa Fe by ��0�dDy for t�~ construction, u3� and maintenance Of a drainage '`~ t�minutes 0f th8 channel, , attached� herewith, which shall be spreadV�OO � 'the �DUt�S Of this COU0C�� shall �O�StitUtg �n� Council and dS spread U�OD p 0 d | be a part of this Resolution as if fully copied herein in detail. � Passed by the City Council this 10th day of October, 1985. ATTEST: d Ranett�--Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry V. Hoffman DirectorLarry Hottman, Of Transportation /s/ Laura J. Monroe Laura J. Monroe, Assistant City Attorney RESOLUTION #2160 Alan Henry ! �N 2l60 � RESOLUTION ' 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 agreement to be entered into by and between said City and the Atchison, Topeka, and Santa Fe Railway -C00'dny for right of way purposes for 45th Street, related "' � to the Plains Yi5i~D'[8h0dO District, DUUd Tract NO. 4, Engineering � Survey Station -& 9,AGM~EDgineering File NO. 233221-7 of said railway C0mpany, attached herewith which shall be spread upon the minutes of the Council and as spread Up0O 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 10th day Of October, 1985. ATTEST: /s/ Alan Henry d Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry V. Hoffman Larry Hottman, Director of Trans- portation APpR0VED AS TO FORM: Worth F lli i Assistant City In order to provide storm water drainage for the area east Of the McCoy Spur and north of the Lehman Spur, it is necessary to either lower the tracks at One point or Street Or construct a drainage Channel at another point. Completion Of this transaction will involve two Con- tracts: D]uncil's consideration of a contract between the City and the railway; and a Separate contract between the railway and the developer, represented by Henry HUD8ke. The railroad was not in agreement to lowering the tracks. Motion was made by COUDcil0dD Brown, seconded by Councilwoman Tr '0 authorizing Resolution #'s 2I59 and 2160 as recommended by City Staff and requested by Henry HUnehe. Motion carried: 7 Yeas; 0 Nays. 85-44A-566-859 /20.\ Consider Resolution #2authorizing the execution of a Change Order for the Broadway Brick Project and alloca__ tion of Community Development funds. RESOLUTION #2I61 RESOLUTION #2161 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 OO behalf of the City of Lubbock d Change order No. I adding brick cleaning activity to existing contract, C.D. #068552, for paving improvements between said City and Kerr Construction Company, attached herewith which Shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be d part Of this Resolution as if fully copied herein in detail. Passed by the City Council this 10th day of October, 1985. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Sandy Ogletree Sandy Ogletree, Community Develop- ment Administrator /s/ Michele Hart Michele Hart, Assistant City Attorney TO: Kerr Construction Company P.U. 8VX 888 Lubbock, Texas 79408 /s/ Alan Henry ALAN HENRY, MAYOR Change Order No. 1 to CD #068552 WHEREAS, it is desirable to make changes in the plan and specifications for this project, being Change Order NO. 1^ The addition of brick cleaning at the original bid price of 346 per brick for the first 55,425 bricks. Beyond this 0UfDt the Contractor agrees to clean a 0aXi00V Of 65,000 bricks at a Unit price which will not exceed a total lump sum CUVt of $21,6I5.00. Contract completion date for this Change Order is extended to December 15, I985. 567 October 10, 1985 THIS AGREEMENT WITNGSSETH: In consideration of the mutual advantages gained, the Owner and the Contractor agree to the change shown herein and in the revised plans, the Owner agrees to pay the Contractor the amount of increase in cash. The Con- tractor agrees to proceed with construction and to adhere to applicable specifications, under the direction of the Engineer. Furthermore, the parties agree that the original contract between the Owner and the Contractor shall be modified to the extent herein indicated, including one /1\ attachment. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this 10th day of October, 1985. KERR CONSTRUCTION COMPANY (Contractor) BY: k TITLE: President Ken Hancock Kerr Construction Company CITY OF LUBBOCK BY: Alan Henry ATTEST: Ogletree The Broadway Brick project (the brick paving Of Broadway from Avenue T to Avenue U\ approved by the City Council August 8, 1985 is nearing completion. It was funded by a combination Of Jobs Bill and CD88 funds. This Change Order is proposed to add cleaning, sorting, and stacking the remaining bricks now stored OD Airport property. AS rebrickfOg progressed, the stockpiled bricks were cleaned and utilized along Broadway and for patching Of utility cuts, using to date an estimated 300,000 bricks. The exact number Of bricks originally purchased is not known, therefore, the number of remaining stockpiled bricks is not known. An estimated 50,000 to 65,000 bricks remain which is 8OOUgh to rgbriCk approximately i 1/2 blocks. By cleaning, sorting, and stacking the remaining bricks, Staff can more accurately estimate how much more rebrickf0g can be completed. The Change Order is for d maximum of $21,6I5 Or 25% of the original Contract. To insure that the City does not pay more than 394 per brick for the cleaning activity, the costs will be tied to 39� for the actual number Of bricks cleaned to approximately 55,424. From 55,424 to 65,000 bricks cleaned, the Contract is tied to d lump sum total Of $2I,615. This trdM5ldt83 to a cost of 394 to 33� per brick. A contingency fund allocation of $21,6I5 was requested to fund this Change Order. This will decrease the C0Otingency fund balance from $381,053.41 to $359,438.41. - MOtiOD was made by Mayor Pro Tem Carpenter, seconded by Councilwoman Baker authorizing Resolution #2}6} BS recommended by City Staff. Motion carried: 7 Yeas; 8 Nays. 85-44A-507-860 /21,\ Consider Resolution2162 authorizing the execution f October 1,0,1985 568 ' RESOLUTION #2162 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 f Lubbock Change Order #0 to T8nR1Odl Expansion Contract between the City Of Lubbock and Lee Lewis for the relocation of the airport maintenance workshop, attached herewith, which shall be spread upon the minutes Of the Council and as spread UpOO the 0iOUt8S Of this Council Shall constitute and be a part of this Reso- lution as if fully C00i8d herein in detail. Passed by the City Council this 10th day of October, 1985. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Marvin Coffee Marvin Coffee, Director Of Aviation APPROVED AS TO FORM: /s/ Michele Hart Michele Hart, Assistant City Attorney The approved budget for the Tgr0iOd\ Expansion capital project is $I0,029,000. In bidding the general construction phase of this project, it was estimated that this phase would be $7,912°530. The bid by Lee Lewis was $6,976,775, which is $935,755 below the estimate. The existing maintenance workshop has been lost to building equipment (mechanical r000\. Change Order #6 provides that the new maintenance workshop be relocated to the apron level of the east side expansion beneath the public space leading to gate #l. This provides for approximately 4,000/ of space which is 'USt under $25 per square foot. Change Order #6 for $98,701 will r8dUC8 the remaining available contingency allowance to $I81,836. The Airport Board reviewed this Change Order and recommended it to City Council. M0t}UD was made by Councilman Nash, seconded by Council- man Brown authorizing Resolution #2IO2 as recommended hv the Airport Board and City Staff. Motion carried: 7 ' Yeas; 0 Nays. /22.\ Consider Resolution #2I03 authorizing the execution f Change Order #7 to Terminal Expansion Contract with Lee Lewis for relocation of Airport Security Office. RESOLUTION #2I63 569 OCtVber lO, 1985 RESOLUTION #2163 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 OA behalf of the City �f LubbockChange Order | � #7 to Terminal Expansion Contract between the City of Lubbock and Lee Lewis for the relocation Of the airport security office, attached herewith, which shall be spread Up0O 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^ H | | | Passed by the City Council this 10th day of October, 1985. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Marvin APPROVED AS TO FORM: Michele Hart Michele Hart, Assistant City Attorney The Airport Security Office needs to be relocated because of access. The relocated area will be on the east end of the relocated rent -a -car area in the center section of the Terminal on the street side. This area will provide for d Hold or Detention Room, d First Aid Room, and an Office for the Supervisor. \ | The Security Area is used as d nerve center for the Airport and considerable communications (alarm systems, TV monitoring equipment, etc.) are involved. This ChdO0g Order provides everything except the CVnS0l8 which will be part of the furnishing bid. Change Order #7 for $44,697 will reduce the remaining available contingency allowance to $I37,139. U The Airport Board reviewed this Change Order and recommended it to City Council. Motion was made by COUDCfl0aO Nash, seconded by Council- man Brown authorizing Resolution #2163 DS recommended by the Airport Board and City Staff. Motion carried: 7 Yeas; O Nays. 85-44A_569-862 /23,\ Consider Resolution #2I64 authorizing the execution Of Change Order #8 to TerminYl -Expansion Contract with Lee Lewis for Firestairs. RESOLUTION #2164 Q | | | | October TO, 1985 570 RESOLUTION #2164 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 Change Order #8 to Terminal Expansion Contract between the C1..~ of Lubbock and Lee Lewis for the installation of a fireStair, attached herewith, which shall be spread upon the minutes Of the Council and as spread UpOO the minutes of this Council shall constitute and be d part of this Resolution as if fully copied herein in detail. Passed by the City Council this 10th day of October, 1985. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Marvin Coffee Marvin Coffee, Director of Aviation APPROVED AS TO FORM: /s/ Michele Hart Michele Hart, Assistant City Attorney 85-44A-570-863 /s/ Alan Henry ALAN HENRY, MAYOR This item of work is for the installation of Firestair on the east end of the new east end Baggage Room. /A revolving door is not considered adequate to serve as a fire door.) Change Order #8 for $29,699 will reduce the r80dfOiMg available contingency allowance to $107,440. The Airport Board reviewed this Change Order and recom- mended to City Council. Motion was made by Councilman Nash, seconded by C0VOCil- 0dD Brown authorizing Resolution #2164 as recommended by the Airport Board and City Staff. Motion carried; 7 Yeas; 0 Nays. /24.\ Consider Resolution #216 Change Order #9 to Terminal Expansion Contract with Lee Lewis fo__F�revisions to restroom and stairs. RESOLUTION #2I65 October 10, 1985 571 RESOLUTION #2105 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 Change Order #9 to Terminal Expansion Contract between the City Of Lubbock and Lee Lewis for reYj5i0AS to restroV0 and stairs, attached herewith, which Shall be Spread upon the minutes of the Council and as spread UpVO the 0iDUt8S of this Council Shall constitute and be a part Of this R8SUlUtƒOO as if fully Copied herein in detail. Passed by the City Council this 10th day of October, 1985. Alan Henry ALAN HENRY, MAYOR ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Marvin Coffee Marvin Coffee-, Director of Aviation APPROVED AS TO FORM: Michele Hart Michele Hart, Assistant City Attorney This item of work is for the restoration Of the area modified for Southwest Airlines when they expanded their previous Space, reducing d public reStrUOm and modifying a Stairway. Change Order #q for $21,333 will reduce the remaining available contingency allowance to $86,I07. The Airport Board reviewed this Change Order and recom- mended it to City Council. MVt1OO was made by OJUncil0dO Nash, seconded by Council- man Brown authorizing Resolution #2165 as recommended by the Airport Board and City Staff. Motion carried: 7 Yeas; O Nays. 85-44A-571-864 /25,\ Consider Resolution #2166 authorizing the gX8cVtiUO of Change Order #10 to Terminal - Expansion Contract with Lee Lewis for revising finishes and deletion of some work. RESOLUTION #2I66 October IO, 1985 572 RESOLUTION #2166 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 OO behalf of the City of Lubbock Change Order #I0 to Terminal Expansion Contract between the City of Lubbock and [e8 Lewis, revising finishes and deletion of some work, attached herewith, which shall be spread UpOD the minutes Of the Council and as spread VpVO the minutes of this Council shall constitute and be a part of this Reso- lution as if fully copied herein in detail. Passed by the City Council this 10th day of October, 1985. /s/ Alan Henry ATTEST� ALAN HENRY, MAYOR |� RdOett8 Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Marvin Coffee Marvin Coffee, —Director Of Aviation APPROVED AS TO FORM: /s/ Michele Hart Michele Hart, Assistant City Attorney This Change Order provides for the use of wood panels to match existing finish instead Of perforated metal panels which previously specified, and also deletes mill work and finish in the rent -a -car area since the rent -a -car tenants Will now provide this at their cost. This Change Order also provides for revision Of the women toilet area by adding changing tables and more -- U use of tile. (Additional $2,837) The original Contract with Lee Lewis had d contingency allowance of $410,000° The previous nine Change Orders totaling $323,893 reduced this contingency allowance to $80,I07. Change Order #10, for a net addition Of $21,128, will reduce the remaining available contingency allowance to $64,074. The Airport Board reviewed this Change Order and recommended it to City Council. Motion was made by Councilman Nash, seconded by Council- man Brown authorizing Resolution #2106 as recommended by the Airport Board and City Staff. Motion carried: 7 Yeas; 0 Nays. 85-44A~572-805 /20.\ Consider Resolution #2167 authorizing the execute a Subconcession Agreement for development and operation of reE-r—eational facilities. RESOLUTION #2167 573 October 10, 1985 RESOLUTION #2161 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 Subconses- sion Agreement by and between FantaSea Isle of North America and the City of Lubbock, for development and operation of recreational facilities at MacKenzie State Park, 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 10th day of October, 1985. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Jim Weston Jim Weston, Director of Community Facilities APPROVED AS TO FORM: /s/ Michele Hart Michele Hart, Assistant City Attorney Deputy City Manager Bob Cass gave a history of the development of Mackenzie Park an overview of past action on this item. He stated that on August 22, 1985, Council approved a Letter of Intent which indicated the City's interest in developing a "water theme park" with FantaSea Isle of North America. At that time, the Staff and developers had indicated it would be necessary to come back to Council with a formal Subconcession Agreement. Following is an explanation of that Agreement, along with two other items related to the development of the proposed park. SUBCONCESSION AGREEMENT Major provisions include the following: 1. Section 1, Term of Contract and Renewal Rights --The Contract is for a term of 20 years. Provision is made for a performance evaluation during the 15th year of the Contract and for two 5-year renewal periods. 2. Section 3, Land and Improvements --Generally speaking, this section of the Contract des- cribes the land and facilities which will be leased to the concessionaire. The land leased is a 25-acre tract lying north of East Broadway in Mackenzie Park. The tract includes the area immediately surrounding the Terrace Party House and running east down into the Canyon adjacent to the shoreline. The City is to be respon- sible for delivering utilities to the property line of the leased premises, with the conces- sionaire responsible for the cost of extension and installation of utility services. The con- cessionaire is to comply with Sign Ordinances, Lubbock Fire Code requirements, Building Code requirements, and Health Code requirements. 3. Section 4, Accommodations, Facilities, and Services Authorized --Facilities to be construc- ted are described in Exhibit B of the contract. Of those items, the City will tentatively be responsible for site work, the Park entry, the activity pool, children's play area, bathhouse, group picnic area, shoreline area improvements, beaches, park circulation, amphitheater deck, mini qolf building, signage and train depot. October IO, 1985 574 4. Section 6, Concessionaire's Improvements --This section addresses disposition of any improve- ments in the event Of Contract termination. 5. Section 8, Payments to City --This section describes the application Of net revenues generated by the project. These revenues g0, first, to the indebtedness arranged by the concessionaire and, second, to indebtedness arranged by the City. Any remaining funds are split between the concessionaire and the City on an 80%/20% basis. This is d change from the 40%/00% arrangement that was originally pro- posed. The 40%/60% split was after a 25% management fee flowing to the concessionaire. The 80%/20% split begins as s0VD as debt service has been met. The City is more likely to participate in the net earnings under the 80%/20% split. (It appears that the Certifi- cates of Obligation issued for this purpose are going to be taxable because Of recent Internal Revenue Service rulings. If this turns out to be true, the concessionaire has agreed to a 75%/25% split.) b. Section 9, Financing and Liens --This section describes the methods Of financing which are deemed appropriate for the project. The City is given d lien On all assets of the concessions within the park, with that lien being second to that Of the concessionaire's lenders. (In many cases the improvements do not lend themselves to removal and will therefore be of value primarily to the City.) Mr~ Cass advised that this Agreement must be approved hv the Texas Parks and Wildlife Commission before it is ~ valid. Provision has also been 0dd2 which requires the concessionaire to secure adequate off street parking (with either South Plains Fair or the City) before the Contract is valid, and it was also pointed out that the ~ sale of alcoholic beverages would need to be approved by i�~ the TcXdS Parks and Wildlife Commission. -^ Mr. Cass said that because Of concern expressed by-, Council at its August 22 meeting regarding pUblic'p.1VOte joint ventures, a telephone Survey of other Texas cities was made to inquire as to their experience in this regard. Also, he listed joint private/public ventures in which the City is already working and some of which are as follows: J0yland Amusement Park, VdriOU3 park land leases, rent-d-car space l8dS8S at the Airport, and pro shop lease at the Golf Course. Dr. Dan Kamp reported OD the 1883 Plan which was devised by the firm of Fernandez, Frazier, White and Associates for the development of Mackenzie Park. He stated that 0UCh restoration work has already been accomplished and some remains to be completed, as well as some planting of trees needing to be done. Mr. Bill Lynch, representative of FantaSea° stated that their firm has projected park usage Of I30,000 patrons at the beginning and an eventual growth to I50,000 patrons. He reported that Fdnta3gd has decided not to use Industrial Development Bonds as d portion of their financing mechanism, and that these bonds could be used by the City for its financing, if the Council desired. Assistant City Manager Robert Massengale said gave an overview Of the financing aspects, and requested permission from Council to pursue using of Industrial Development Bonds for the Citv/S share Of the financing. Mayor Pro Tem Carpenter asked what FaOtaS8d would mean to the tax rolls annually. Mr. Massengale stated that it is estimated that the City would receive $44,000 annually from property taxes, $26,000 OOMUdlly from sales tax. Councilwoman Baker asked whether or not the City Of Lubbock has ever issued Certificates Of Obligation. Mr. Massengale stated that the City has not, but that the usage Of Certificates of Obligation by cities is widespread. 575 October 10 1985 Councilwoman Baker stated that she was opposed to issuing Certificates of Obligation as a financing mechanism for this project, and that it was her opinion that this item should be given to the Citizens Advisory Committee for inclusion in their recommendations, if they support such a project. Councilman Brown stated that he was opposed to using public funds for private ventures, but that this is a special situation and is, in his opinion, the only way that a project of this magnitude can be possible. Mr. Brown pointed to the declining usage and continuing decay of the investments in this park. Tim Hatch, representing the 35 investors in Water Rampage, a newly -developing water park in Lubbock, appeared to express that group's opposition to the City's participation in FantaSea. He stated that it is the group's opinion that FantaSea should have to purchasethe parkland and put up all the capital for its development. Councilman Brown explained that this land cannot be sold because it is a State Park, and that the reason such improvements have not been previously made on this property is because private investors are not willing,to invest the total funds it would take to bring about such a development. Staff recommended approval of this Subconcession Agreement. Motion was made by Councilwoman Baker not to authorize Resolution #'s 2167, 2168, and 2169. Motion died for lack of a second. Robert Massengale stated that if the'Council approves this, it would be helpful to also have a consensus of Council to instruct the Staff to research the advantages of using Industrial Development Bonds: According to Massengale there could be a considerable savings in interests costs, and the bonds would become tax exempt rather than taxable. Councilman Brown stated that the Ordinance before Council allows Council to make the choice regarding methods of financing, and if Council finds it's less expensive to go with Industrial Revenue Bonds rather than Certifi- cates of Obligation, this Ordinance provides for that. Councilman Brown said further that if Council can use Tax Free Bonds, that would definitely be the way to finance the project. Motion was made by Councilman Brown, seconded by Councilman Patterson authorizing Resolution #2167 as recommended by Staff. Motion carried: 5 Yeas; 2 Nays --Mayor Henry and Councilwoman Baker. 85-44A-575-866 Secretary (27.) Consider Resolution #2168 authorizing the City to publish notice of proposed issuance of Certificates of Obligation for park improvements. RESOLUTION #2168 A RESOLUTION approving and authorizing the publication of notice of intention to issue certificates of obligation WHEREAS, the city Council of the City of Lubbock, Texas, has determined that certificates of obligation should be issued under and pursuant to the provisions of Article 236a.1, V.A.T.C.S., for the purpose of paying contractual obligations to be incurred for the construction of public works, to wit; park improvements and to pay contracts for professional services; and WHEREAS, prior to the issuance of such certificates, the City Council is required to publish notice of its intention to issue the same in a newspaper of general circulation in the City, said notice stating (i) the time and place this Council tentatively proposes to pass the ordinance authorizing the issuance of the certificates, (ii) the maximum amount proposed to be issued, (iii) the purposes for which the certificates are to be issued and (iv) the manner in which the Council proposes to pay the certificates; now, therefore, October 10, 1985 576 , 71 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1: That the City Secretary is hereby authorized and directed to cause notice to be published of this Council's intention to issue certificates of obligation, in an amount not to exceed $2,500,000 for the purpose of paying contractual obligations to be incurred for the construction of public works, to wit: park improvements and to pay contract for professional services, such certificates to be payable from ad valorem taxes and a limited lien on and pledge of the net revenues of the City's combined Waterworks and Sanitary Sewer System. The notice hereby approved and authorized to be published shall read substantially in the form and content of Exhibit A hereto attached and incorporated herein by reference as a part of this resolution for all purposes. SECTION 2: That the City Secretary shall cause the aforesaid notice to be published in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication to be at least fourteen (14) days prior to the date stated therein for the passage of the ordinance authorizing the issuance of the certificates of obligation. PASSED AND ADOPTED, this the 10th day of October, 1985. /s/ Alan Henry MAYOR City of Lubbock, Texas ATTEST: /s/ Ranette Boyd City Secretary, City of Lubbock, Texas (City Seal) APPROVED AS TO CONTENT: /s/ J. Robert Massengale J. Robert Massengale, Asst. City Manager for Financial Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Asst. City Attorney According to State Law, a Notice of Intent to issue Certificates of Obligation must be published at least thirty days prior to passing the Ordinance issuing the Certificates. The Notice and the Ordinance will read "up to $2.5 million" because of the possibility of other sources of funding that are not definite at this time. The date suggested for considering the Ordinance issuing Certi- ficates of Obligation is November 14, 1985. (If new IRS regulations cause these CO's to be taxable, thereby making the interest erest rate higher than the City's normal tax exempt interest est rate. In this case, the conces- sionaire has agreed to a 75%/25% split rather than an 80%/20% to allow the City to be compensated for the additional interest cost.) Motion was made by Councilman Brown, seconded by Councilman Patterson authorizing Resolution #2168 as recommended by Staff. Motion carried: 5 Yeas; 2 Nays --Mayor Henry and Councilwoman Baker., 85-44A-576-867 (28.) Consider Resolution #2169 authorizing Grant Application to Texas Parks and Wildlife for matching funds for development of park improvements. RESOLUTION #2169 577 October 10, 1985 RESOLUTION #2169 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 apply to Texas Parks and Wildlife for matching grant funds in connection with a joint venture between FantaSea Isle of North America and the City of Lubbock, 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 10th day of October, 1985. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Jim Weston Jim Weston, Director of Community Facilities /s/ Michele Hart Michele Hart, Assistant City Attorney A substantial portion of the City's financial commitment to the project could be handled by a grant from the Texas Parks and Wildlife Commission (if the Commission has adequate funds), which would be similar to other grants received by the City enabling it to develop parks and to acquire land for the McAlister Park. Affirmative action by Council on this item would enable the Staff to submit a Grant Application to the Commission at the appropriate time. Staff recommended approval of these items. Motion was made by Councilman Brown, seconded by Councilman Patterson authorizing Resolution #2169 as recommended by Staff. Motion carried: 5 Yeas; 2 Nays --Mayor Henry and Councilwoman Baker., 85-44A-577-868 (29.) Consider Resolution #2170 authorizing the Mayor to execute Interlocal Cooperation Agreements for Mutual Aid between theCityof Lubbock Police Department and other governmental entities for law enforcement purposes. RESOLUTION #2170 578 October 10, 1985 RESOLUTION #2170 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 any and all Interlocal Cooperation Agreements For Mutual Aid by and between the City of Lubbock and any and all other political subdivisions of the State of Texas for the purpose of assisting each other in the investigation and prevention of criminal activity, and to enforce the laws of this State, and to provide additional law enforcement assistance and mutual aid to protect health, life, and property, and to offer police protection and services as allowed pursuant to such agreements, and to increase the ability to preserve the safety and welfare of the areas enforced pursuant to such agreements, and to secure the benefits of interlocal cooperation for mutual aid, a copy of such agreement attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of the Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 10th day of October, 1985. /s/ Alan Henry ALAN HENRY. MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Thomas J. Nichols Thomas J. Nichols, Chief of Police APPROVED AS TO FORM: /s/ Ken Johnson Ken Johnson, Assistant City Attorney Staff stated that on an average of about once a week, the Lubbock Police Department receives a request from other law enforcement agencies to assist them in law enforce- ment matters in their jurisdiction. Such requests are usually for a City officer to assist in calls such as family fights, disturbances, and traffic accidents, and also, requests are made for a police officer and a canine to facilitate search and apprehension of a suspect. Even though the Police Department responds to out -of - jurisdiction requests in the spirit of cooperative law enforcement efforts, it was recommended that the City obtain Mutual Aid Agreements with requesting agencies to provide for clear responsibilities, authority and liability. This Resolution authorizes the Police Department and other appropriate City offices to obtain signed Mutual Aid Agreements with other governmental entities, or terminate police responses that would normally be covered by a Mutual Aid Agreement. State Law, Article 4413 (32c) provides for Interlocal Cooperation Acts for the purposes of improving the efficiency and effectiveness of local governments by authorizing the fullest possible range of intergovern- mental contracting authority at the local level including contracts between cities and counties, between and among counties, between and among cities, between and among school districts, and between and among counties, cities, school districts, and other political subdivisions of the State and agencies of the State. Staff recommended approval of this Resolution. Motion was made by Councilwoman Trejo, seconded by Councilman Patterson authorizing Resolution #2170 as recommended by City Staff. Motion carried: 7 Yeas; 0 Nays. 579 October 10, 1985 85-44A-579-869 (30.) Consider Resolution #2171 authorizing the Mayor to sign Library Services Contract with Lubbock County for 1985-86. RESOLUTION #2171 RESOLUTION #2171 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 Library Services Contract by and between Lubbock County and the City of Lubbock, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 10th day of October, 1985. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Jim Weston Jim Weston, Director of Community Facilities APPROVED AS TO FORM: /s/ Michele Hart Michere -Hart, Assistant City Attorney Last June the City Council approved a Resolution autho- rizing the Mayor to execute a Letter of Intent to contract with Lubbock County for library services in 1985-86. At that time, the County Auditor provided a tentative figure of $506,257 as the distribution to the City of Lubbock. It was noted that this amount could go up or down, depending on the total assessed value of the county tax rolls, the tax rate, and the number of political subdivisions within Lubbock County that chose to participate in the program. The proposed Contract for 1985-86 provides for a distribution of $524,019 to the City of Lubbock. This represents 94.64% of the $553,700 total County funds made available for library services this fiscal year. The City of Lubbock's share was calculated by averaging the percent of population and the percent of assessed value within the City limits. The $524,019 allocated by Lubbock County is $38,509 more than the $485,510 provided to the City of Lubbock for library service last fiscal year, or an increase of 7.93%. The current proposed amount is $17,762, or 3.5%, more than the tentative amount provided by the County Auditor last spring. The 1985-86 Library Department budget is based on an anticipated County contribution of $506,257. If the City Council wishes to increase the Library budget by the $17,762 of additional County funds, it was recommended that these additional funds be used for increased book and library materials acquisition. This would raise the amount for library materials acquisition from $210,000 to $227,762. With the exception of the funding amount, the proposed 1985-86 Library Service Contract is identical to the 1984-85 Contract with the County. Councilman Nash requested the $17,762 be used to fund opening the Mahon Library for some time on Sundays. October 10, 1485 580 MVtf00 was made by Councilman Nash, seconded by Council- woman Baker authorizing RRSOlUtiOO #8171, stipulating that the $17,762 in additional funds be used to open the Mahon Library some on Sundays, and that Staff investigate how these funds can be used toward that end. Motion carried: 7 Yeas; 0 Nays. 85-44A-580-870 /31.\ Consider R8SV7utiVO #2172 nominating members to the Lubbock County Appraisal Board. RESOLUTION #2I72 RESOLUTION #2172 WHEREAS, there has been enacted in the State Of Texas OM Act relating to ad valorem taxation Of property (8~8^ 621) and this Act applies to and is controlling On the City of Lubbock, Texas, as a taxing unit; and WHEREAS, there is created Under the provisions Of this Act, a Board of Directors to govern the Appraisal District established by the Act, the City of Lubbock is desirous Of nominating candidates to be placed on the ballot for election to this Board of Directors upon the next election as provided by this Act. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the following persons are nominated by the governing body Of the City Of Lubbock as candidates for positions VO the Board of Directors of the Appraisal District created for the CVUDtv of Lubbock and that the names of these candidates be submitted to the COUDtv Clerk of Lubbock County by the Mayor to be placed on the ballot for election to such positions at the next election for such purpose: Gene Ehler P. O. BOX 1121 Lubbock. Texas 79408 Passed by the City Council this 10th day of October, 1985. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: Ranette Boyd, City Secretary APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney B8CdVSe each taxing entity in Lubbock C0UOtv^ except for special districts, is permitted to elect the Board of Directors for the Lubbock COUDtv Appraisal District, and because the voting is according to tax levy, the City of Lubbock gets the second largest number of votes for the candidates for the Appraisal District Board. The Lubbock Independent School District has the largest number of VOteS° The Board of Directors for the Appraisal District are elected for two-year terms, commencing in January each two years, and all five board members' terms come Up at the same time --January, I986. The State Law establishes a fairly extensive process in nominating and electing the board members for the district. These nominations NUSt be by NeSVlVti0O of the City Council Or Other governing boards in the COUMtv and must be submitted to the County Clerk before October Ih. After the nominations are made, the County Clerk then puts these on a ballot and returns them to each taxing entity that is eligible to vote and the entity CaO CdSt YOt8S for the candidates of its choice. (The ballot will be returned to the taxing entities about the middle of 581 October 10, 1985 November for the vote.) After that, the County Clerk will tally the results and notify each of entity of the results. The City of Lubbock previously nominated John Wilkerson, but Mr. Wilkerson indicated that he does not wish to serve again. In light of Mr. Wilkerson's wishes to not be reappointed, Mr. Eugene Ehler (he has served for two years on the Appraisal Review Board and was it Chairman the last year) was suggested as the City of Lubbock nominee. It was Staff's recommendation that Council nominate Mr. Eugene Ehler. Motion was made by Mayor Pro Tem Carpenter, seconded by Councilwoman Baker to place in nomination for membership to the Tax Appraisal District Board the name of Eugene Ehler, as recommended by City Staff. Motion carried: 7 Yeas; 0 Nays. 85-44A-581-871 (32.) Consider Ordinance #8836 amending City voting precinct descriptions. ORDINANCE #8836 ORDINANCE NO. 8836 AN ORDINANCE AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO CITY VOTING PRECINCT CHANGES REQUIRED AS A RESULT OF POPULATION INCREASES, NEW ANNEXATIONS AND CHANGES IN COUNTY VOTING PRECINCTS; PROVIDING FOR CREATION OF NEW CITY VOTING PRECINCTS; DELETION OF CITY VOTING PRECINCT DISTRICTS NO LONGER REQUIRED; ALTERING CERTAIN POLLING PLACES; ALTERING CERTAIN CITY VOTING PRECINCT BOUNDARY DESCRIPTIONS; PROVIDING NEW DESCRIPTIONS OF THE PRECINCTS CONTAINED IN THE VARIOUS CITY VOTING DISTRICTS; PROVIDING A MAP OF CITY VOTING PRECINCTS AND CITY VOTING DISTRICTS; PROVIDING THAT ALL PORTIONS OF CHAPTER 8 NOT HEREIN AMENDED SHALL REMAIN THE SAME; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Because of revisions to the Texas Election Code during the last legislative session, it has been necessary for the governmental entities within Lubbock County to work together in planning changes which each entity will have to implement. The Lubbock County Commissioners, in their August 26, 1985 meeting, took action to update the County Election Precincts located within the City limits. The new Election Code requires City/County cooperation on polling places and precincts, and further mandates that City voting precincts must conform to County voting precincts, unless the City precinct line follows the City limits. Fairly extensive changes to existing voting precincts were necessary for several reasons: 1. Some precincts have 3,000 or more registered voter population. Texas Election Code states that registered voter population within a precinct may not be greater than 3000. 2. Some precincts are approaching the 3,000 registered voter population limit. 3. Recent annexations call for changes in precincts and polling places. 4. In some instances, City and County polling places differ, and the Texas Election Code requires City/County cooperation in such instances. 5. Some boundaries formerly described as following the City limits no longer follow the City limits because of recent annexations. Clarifi- cation of boundary descriptions is necessary in these instances. October 10, 1985 582 Staff advised that even though there were extensive changes, only one boundary clarification involved moving voters from one district to another, and in that instance only three voters were affected. A summary of the recommended Precinct changes in the Ordinance is as follows: Section 1: Creation of nine new City Voting Precincts, because of voter population approaching or exceeding 3,000 regis- tered voters --New Precincts #'s 70, 71, 72, 73, 74, 75, 78, 79 and 80 were recommended. Section 2: Deletion of four old Precinct numbers no longer needed within the City --Precinct #'s 31, 32, 56 and 65 were recommended for deletion. Section 3: Changes to four City Polling Places to conform better with County Polling Places --Changes were recommended to Precinct #'s 49, 50, 66 and 67. Section 4: Changes to 13 Precinct boundary descrip- tions necessitated by the creation of the new Precincts named in Section 1 above --Precinct boundaries recommended for change are #'s 2, 6, 9, 11, 52, 54, 57, 59, 60, 61, 62, 66, and 67. Section 5: Changes in eight Precinct boundary descriptions for increased clarity -- Changes were recommended in Precincts #'s 3, 4, 5, 20, 27, 40, 55 and 58. Section 6: Changes to name of 2 Precincts to conform to County designation --Changes recommended to names of Precinct #'s 31 and 76. Section 7: Changes to listing of Precincts included in the various Voting Districts to reflect the new descriptions. Staff contacted representatives of suggested polling places in new precincts and received permission from appropriate officials to use the following polling locations where changes or additions are necessary: Precinct # Name of Polling Place 49 Texas Tech School of Law 57 Town West Baptist Chapel 70 Parkway Elementary School 71 Broadview Baptist Church 72 Frenship Elementary School 73 South Plains Church of Christ 74 Godeke Library 75 Cumberland Presbyterian Church Staff has also received permission from the Texas Tech School of Law to use space in their lobby for elections which the City holds on Saturday; however, they are not able to allow the use of this space for Tuesday elec- tions because the Law School lacks guest parking near their facility. (On advice of the City's attorney, this will not be formally designated as a polling place, but will likely be used for all Saturday elections.) Town West Baptist Chapel has granted permission for the City to use their facility for a polling place with the stipulation that no cigarette smoking be allowed in any part of their building. Also, they have some questions regarding the church's liability for injuries or property damage during an election. (The City Attorney's Office will advise with officials of the church to see if they have a problem with what the City can or cannot promise.) Also, according to the Texas Election Code, each polling place must be handicapped -accessible and, except for the Town West Baptist Chapel, all suggested places meet those requirements. There are not many public -type buildings in Precinct #57, and therefore Staff will recommends use of this facility with the addition of temporary ramps for the election. 583 October IO, 1985 85-44A-583-872 /33.\ 85-44A-583-873 /34.\ 85-44A-583-874 /35.\ 85-44A-583-875 /30.\ These changes will be submitted to the Justice Department for approval following passage by the City Council, with the intention Of having them become effective January l, 1986. The City AttOrMey/s office does not anticipate any Justice Department objections since the impact OO the Voting District by the proposed changes is insigni- ficant. Motion was made by Councilman Nash, S2C00d8d by Council- man Brown passing OM first reading Ordinance #9836 as recommended O' by ��tv Staff. Motion carried: 7 YpdS^ ~ Nays. BID #8723--Remote terminal unit (Electric Distribution). Advanced Control Systems --I S^C.A.D.A. System remote terminal Unit and accessories. Motion was made by Councilman Nash, seconded by Council- woman Tr 'O authorizing low bid meeting specifications. Motion carried: 7 Yeas: 0 Nays. BID #8734--Sideloading containers (Sanitation). Scott and Hill Steel CVrVVratiUA--500 3-cubic yard sidSlOdding containers. Motion was made by Councilman Nash, 58C0Oded by Council- woman Tr 'o authorizing low bid meeting specifications. Motion carried: 7 Yeas; O Nays. Consider Office nents (Administrative H011OO/S Business Interiors--1 Haworth Office System components --Urban Renewal and Engineering Departments. Motion was made by Councilman Nash, seconded by Council- woman Tr 'o authorizing low bid meeting specifications. Motion carried: 7 Yeas; A Nays. BID #8692--Repair and replacement of Auditorium -Coliseum insulation and piping repair and replacement, and authorize same (Auditorium _ Coliseumy. RESOLUTION #2173 RESOLUTION #2I73 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 UD behalf of the City of Lubbock d Contract by and between the City of Lubbock and Young Sales Insulation for the insul- ation and repair of the Auditorium/Coliseum, attached herewith, which shall be spread upon the minutes of the Council and as spread Up0D the minutes of this COUhcil shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 10th day of October, 1985. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Alan Henry ALAN HENRY, MAYOR /s/ Jim Weston Jim Weston, Director of Community Facilities Attorney /s/ Michele Hart Michele Hart, Assistant City October 10^ 1985 Young Sales Insulation--Auditorium-Coliseum insulation and piping repair/replacement. Motion was made by Councilman Nash, seconded by Council- woman Tr '0 authorizing Resolution #2173. Motion carried: 7 Yeas; O Nays. 85-44A-584-876 /37.\ Consider board appointment to the Citizens Traffic Commission to fill the unexpired term of Clyde James who is unable to serve. Motion was made by Councilwoman Baker, 3eC0Dd8d by Councilwoman Tr 'o appointing Amanda Spikes to fill the unexpired term Of Clyde James 00 the Citizens Traffic Commission. Motion carried: O Yeas; 0 Nays; Councilman Brown absent. 85-44A-584-877 (38.) Consider one appointment to the Community Development Advisory Committee to fill the unexpired term of D. C. Kinner (Sector 2) who has resigned. Motion was made by Councilwoman Baker, seconded by COUOCilwU0dD Trejo appointing Rev. Kato Lang to fill the unexpired term of D.C. KinOer on the Community Development Advisory Committee --Representative from Sector 2. Motion carried: b , YeaS`, 0 Nays; Councilman -. Brown absent. 85-44A-584-878 (39.) Consider appointments f 46 members to the Citizens Advisory Committee. As agreed by City Council, the Citizens Advisory Committee would be composed Of a chairman, appointed by the Mayor, and 45 members appointed by the City Council. The membership Of the Citizens Advisory Committee shall be organized as follows: 1. The Citizens Advisory Committee Shall be divided into five subcommittees to study the ' Cdpital improvements indicated. , 8. Transportation (Streets, Transit, Airport, Traffic Signals, and Street Lighting) b. Community and Municipal Facilities (Parks and Recreation, Golf, Library~ Civic Center, and Municipal Buildings) C. Public Health and Safety (Fire, Police, Health, Animal Shelter, and Sanitation) d. Utilities (Electric, Water, and Sewer) e. Finance 2. Each Council member shall appoint one member to each 5UhCOm0itt2p. 3. By C0OSeM8U5, the City Council shall select two additional members to each committee. The Resolution creating this committee was passed at the last Council session and it establishes an Executive Committee Of the Citizens Advisory Committee to be composed of the Chairman of the CAC and the Chairman of each of the five subcommittees. Each subcommittee will be responsible for selecting one Of its members to Chair the committee. The Executive Committee will review reports from the subcommittees, establish rules and procedures for the committee and SUbCV00itt8g5 with the approval of the City Council, and make a report to City Council. The CAC or any of its SUbc000ƒtt8eS may invite interested citizens, elected Or appointed offi- cials from the City of Lubbock to participate in their discussions. The CAC shall be activated for the period Of time required to complete the study and make their reCO002Odati0DS to the City Council. The City Manager Shall appoint d member of his staff to act as Secretary Of the Citizens Advisory Committee and other Staff to act as liaisons for the subcommittees, and shall provide all possible assistance to the committee. 685 October 10, 1985 ATTEST: R(ane4tteoyd, City Secretary Motion as made by Councilwoman Baker, seconded by Councilwoman Trejo appointing the following members to the Citizens Advisory Committee and to serve on the Subcommittees as designated below: Transportation Alan Rosen Nita Kiesling Jim Schiermeyer Sam Ogletree Dr. Ray Santos Jack Strong, Jr. Gordon Wilkerson Mavis Miller Charley Pope Community/Municipal Facilities Nancy Neil David Miller Bob Greenhill Maria Luisa Mercado John Braun Denise Harris Eddie Richardson Dan Law Lou Diekemper Utilities Martin Waters Lonnie Hollingsworth Don Curry Mason Sommerville Eddie Maddox Dale Bradley Jack Powers Joe Stevenson Kyle Fulton Public Health & Safety Stephanie Hill Dr. Rudy Arredondo Doug Sanford Dr. Henan Johnson Ted Hogan Mary Dee Hammon Nicki Stanlee Dr. Thomas Scheffer Earlene Garland Finance Randy Wright Jesus Upez Floyd Honey W.R. Collier Billie Caviel Roy Milddleton Dr. Carl Stem Josh Silva Carl Webb Motion carried: 6 Yeas; 0 Nays; Councilman Brown absent. There being no further business, Mayor Henry adjourned the meeting at 2:10 p.m. READ AND APPROVED THIS 24TH DAY OF OCTOBER, 1985.