HomeMy WebLinkAboutMinutes - City Council - Regular - 7/27/1989567
CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
JULY 27, 1989
The City Council of the City of Lubbock, Texas met in regular session
on the 27th day of July, 1989 in the City Council Chambers, first
floor, City Hall, 1625 13th Street, Lubbock, Texas at lO:OO A.M.
Present: Mayor B. C. McMinn, Mayor Pro Tem Joan Baker" Councilman T-
J. Patterson, Councilman Gary Phillips, Councilman Bill Maloy,
Councilman George Carpenter, Councilwoman Maggie Tr ^o, City Manager
Larry J. Cunningham, City Attorney John C. Ross, Jr', and City
Secretary Ranette Boyd.
Mayor McMinn called the meeting to order at 10:00 A.M.
( l'� The Invocation was given by Deputy City Manager
Bob Cass.
( 2'1 The Pledge of Allegiance was given in unison by
those in the Council Chambers.
� 3') Motion was made by Councilman Patterson, seconded
by Councilman Phillips to approve the Minutes of
the July 13, 1989 Regular City Council meeting as
written. Motion carried: 7 Yeas; O Nays.
( 4') Board Appointments
88-488-587-438
� 5'\ Certificate of Appreciation will be presented
Gerald Myers for his efforts on behalf of the
Basketball Conqress International.
The Mayor presented a Certificate of Appreciation
to Gerald Myers for his outstanding leadership
and efforts in obtaining the required support for
providing air conditioning for the Lubbock
Municipal Coliseum.
Mr. Myers solicited and obtained donations
exceeding $17,000, offsetting the cost of 14
evaporative air conditioning units which were
installed at the Coliseum. The results of his
efforts have not only enhanced the Basketball
Congress International Tournaments but will also
benefit patrons of events for years to come'
The City of Lubbock has agreed to install an
additional five units, bringing the total to 19
i] units. These units have been able to reduce
temperatures 15-20 degrees-
( 6^\ Laurin Prather, President of the Board of City
uu|y --/, 1-du�j
Page 568
89-488-558-439
� 7-\ Consider Resolution #3160 confirming the
commitment of the City of Lubbock to provide
infrastructure for a Texas State Prison.
RESOLUTION #3160
WHEREAS, the City of Lubbock is making application to the Texas
Department of Corrections for the construction of a new prison
facility to be located within the City; and
WHEREAS, the construction of such a facility will greatly
enhance the capabilities of the Criminal justice system operated
within the City; and
WHEREAS, the existence of such a facility will also act as a
deterrent for crime within the City; and
WHEREAS, the construction of such a facility will further
benefit the City of Lubbock by providing and enhancing economic
opportunities for the City and its citizens; and
WHEREAS, the construction of such a facility will also provide
additional jobs within the community; and
WHEREAS, the City Council finds that it is a public purpose and
in the best interest of the citizens of this community that such
facility be constructed; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION l' THAT the City hereby commits up to $633,000-00 of
available funds currently on hand for the construction and establish-
ment of water, sewer and electric utility lines for the purpose of
providing such public services to the Texas Department of Corrections
in connection the construction, operation and maintenance of the new
prison facility to be located within the City.
SECTION 2' THAT the City as owner of one half /1/2\ of the
mineral interests on 510'085 acres of ]and out of Section 41, Block
8, Lubbock County, Texas, agrees that if the Texas Department of
Corrections constructs a prison facility upon the East 310 acres out
of Section 41, Block 8, Lubbock County, Texas, which acreage has been
identified as a possible prison site, that City will not engage in or
undertake any surface development on the 3I0 acres nor shall City
undertake the drilling of any oil, gay well or water well upon the
310 acres above described.
Passed by the City Council this 27th day of July, 1989.
B. C. McMINN, MAYOR
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
/s/ Robert_Massengale /s/ John C. Ross, Jr.
J. Robert Massengale, Assistant City Attorney
City Manager for Financial Services
Laurin Prather, President of the Board of City
Development, appeared to present this request and
stated that, upon the advice of the Texas
Department of Corrections, a resolution by the
City Council committing to the installation of
the infrastructure for water, sewer, and electric
Uuiy ci, lvov
Page 569
service at the prison site would be necessary.
He advised that other cities have run into
problems because the commitments that were made
to provide certain facilities or services were
not substantially documented in the application.
Staff recommended that since the Resolution does
not specify where the funds would come from, a
plan be developed to provide funding from the
infrastructure fund established by LP&L, the BCD,
and other sources.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Maloy to authorize Resolution #3160
as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
89-48B-569- 440
( 8.) ORDINANCE #9269--Abandoning and closing two
Underground Utility Easements located in Tract B
Caprock Addition to the City of Lubbock
ORDINANCE #9269
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF TWO UNDERGROUND
UTILITY EASEMENTS AND TWO GARBAGE COLLECTION EASEMENTS LOCATED NORTH
OF 52ND STREET IN LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY
DESCRIBED HEREINAFTER IN THIS ORDINANCE; DIRECTING THE CITY ENGINEER
TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID
ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING
FOR PUBLICATION.
Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo to pass on second and final
reading Ordinance #9269 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
89-48B-569- 441
( 9.) ORDINANCE #9290--Amending Subsection 16-175(a) of
Section 16-175 of the Code of Ordinances of the
City of Lubbock to better conform with State law
regarding speed limits for motor vehicles.
13 . �
AN ORDINANCE AMENDING SUBSECTION 16-175(a) OF SECTION 16-175 OF
THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK TO REVISE SAID
SUBSECTION TO BETTER CONFORM WITH STATE LAW AS REGARDS SPEED LIMITS
FOR MOTOR VEHICLES IN THE CITY OF LUBBOCK PARTICULARLY
TEX.REV.CIV.STAT.ANN. ART. 6701d, §166; PROVIDING A PENALTY;
PROVIDING FOR PUBLICATION AND EFFECTIVE DATE HEREOF.
Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo to pass on second and final
reading Ordinance #9290 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
89-48B-569- 442
(10.) ORDINANCE #9291--Authorizing a traffic signal at
the intersection of 19th Street and Inler Avenue.
ORDINANCE #9291
AN ORDINANCE AUTHORIZING A TRAFFIC SIGNAL AT THE INTERSECTION
OF 19TH STREET AND INLER AVENUE; AND PROVIDING FOR PUBLICATION.
%Jul y 41, I-joj
Page 570
89-48B-570-"443
(11.)
Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo to pass on second and final
reading Ordinance #9291 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
ORDINANCE #9292--Authorizing the issuance of
"City of Lubbock, Texas, General Obligation
Bonds, Series 1989"; specifying the terms and
features of said bonds; levying a continuing
direct annual ad valorem tax for the payment of
said bonds; and resolving other matters inciden
and related to the issuance, sale, payment and
delivery of said bonds, including the approval
and distribution of an Official Statement
pertaining thereto; and providing an effective
date.
ORDINANCE #9292
AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF LUBBOCK,
TEXAS, GENERAL OBLIGATION BONDS, SERIES 1989"; SPECIFYING THE TERMS
AND FEATURES OF SAID BONDS; LEVYING A CONTINUING DIRECT ANNUAL AD
VALOREM TAX FOR THE PAYMENT OF SAID BONDS; AND RESOLVING OTHER
MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, PAYMENT AND
DELIVERY OF SAID BONDS, INCLUDING THE APPROVAL AND DISTRIBUTION OF AN
OFFICIAL STATEMENT PERTAINING THERETO; AND PROVIDING AN EFFECTIVE
DATE.
Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo to pass on second and final
reading Ordinance #9292 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
(12.) ORDINANCE #9293--Authorizing the issuance of
"City of Lubbock, Texas, Certificates of
Obligation, Series 1989"; levying an ad valorem
tax upon all taxable property in the City for tl
payment of said Certificates; specifying the
terms and features of such Certificates and
resolving other matters incident and related to
the issuance, sale, security, payment and
delivery of said Certificates, including the
approval and distribution of an Official
Statement relating thereto; and providing an
effective date.
ORDINANCE #9293
AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF
LUBBOCK, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 198911; LEVYING AN
AD VALOREM TAX UPON ALL TAXABLE PROPERTY IN THE CITY FOR THE PAYMENT
OF SAID CERTIFICATES; SPECIFYING THE TERMS AND FEATURES OF SUCH
CERTIFICATES AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE
ISSUANCE, SALE, SECURITY, PAYMENT AND DELIVERY OF SAID CERTIFICATES,
INCLUDING THE APPROVAL OF AN OFFICIAL STATEMENT RELATING THERETO; AND
PROVIDING AN EFFECTIVE DATE.
Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo to pass on second and final
reading Ordinance #9293 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
%Ju/y L', lvpr
Page 571
89-48B-571-445
/22-\ Consider Resolution #3161 authorizing the Mayor
to execute a Partial Paving Release relating to
the 1988 Assessment Paving Program.
RESOLUTION #3161
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of
Lubbock a Partial Paving Release concerning certain paving units
which were deleted from the 1988 Assessment Paving Program, and also
to release certain abutting properties in which case no assessments
were needed, attached herewith, which shall be spread upon the
minutes of the Council and as spread upon the minutes of this Council
shall constitute and be a part of this Resolution as if fully copied
herein in detail.
Passed by the City Council this 27th day of July, 1989.
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry D. Hertel
Larry D. Hertel, City Engineer
STATE OF TEXAS
COUNTY OF LUBBOCK
B. C. McMINN, MAYOR
/s/ J. Worth Fullingim
J. Worth Fullingim,
Assistant City Attorney
PARTIAL PAVING RELEASE
WHEREAS, by Resolution passed by the City Council on January
determining the necessity for making Certain street
and alley improvements as therein designated, which Resolution was
filed as a matter of record to inform t he public in Volume 2998,
Pages 141-I43 (inclusive) of the Official Real Property Records of
the County Clerk of Lubbock County, Texas, reference to which record
is made for all pertinent purposes; and
WHEREAS, the City Council of the City of Lubbock finds and
determines that the liens and/or clouds against certain properties
created by the filing of such resolution should be released against
such abutting properties as are hereinafter described for the reasons
as hereinafter stated; NOW THEREFORE:
KNOW ALL MEN BY THESE PRESENTS:
kv
THAT Unit No. 8-46I-06, concerning alley improvements, was
deleted by the City,Council in its entirety after the public hearing
thereon, and is hereby released and quitclaimed in its entirety.
9
The following described properties are hereby released and
quitclaimed under Unit No. 2240-79 because no assessment was made
against such properties after the public hearing thereon because of
existing paving, to -wit:
Duly ci, lzmv
Page 572
(A) ADDITION - JAMES SUBDIVISION
LOT - NORTH 156.83 FEET OF LOT 1
(B) ADDITION - JAMES SUBDIVISION
LOT - SOUTH 133.17 FEET OF LOT 1
(C) ADDITION - JAMES SUBDIVISION
LOT - NORTH 25 FEET OF LOT 32
(D) ADDITION - JAMES SUBDIVISION
LOT - SOUTH 205 FEET OF LOT 32 AND THE SOUTH 70
FEET OF THE NORTH 95 FEET OF LOT 32
0
The following described property is hereby released and
quitclaimed under Unit No. 2240-79 because no assessment was made
against such property after the public hearing thereon because
existing and prepaid paving No. 322, to -wit:
ADDITION - BREEDLOVE
LOT - TRACT A
4.
The following described properties are hereby released and
quitclaimed under Unit No. 2240-79 because no assessment was made
against such properties after the public hearing thereon and because
such properties abutted the right-of-way of the Texas Department of
Highways and Public Transportation, to -wit:
(A) ADDITION - BARTOS
LOTS - 2 AND 4
(B) BEGINNING AT A POINT WHICH BEARS SOUTH 21 DEGREES 52
MINUTES 36 SECONDS WEST A DISTANCE OF 1197.21 FEET FROM
THE NORTHEAST CORNER OF SECTION 6, BLOCK E, LUBBOCK
COUNTY, TEXAS;
THENCE SOUTH 37 DEGREES 17 MINUTES 09 SECONDS WEST A
DISTANCE OF 251.99 FEET TO A POINT;
THENCE SOUTH 57 DEGREES 24 MINUTES 42 SECONDS WEST A
DISTANCE OF 79.87 FEET TO A POINT;
THENCE NORTH 79 DEGREES 48 MINUTES WEST A DISTANCE OF
93.29 FEET TO A POINT;
THENCE NORTH A DISTANCE OF 226.71 FEET TO A POINT;
THENCE NORTH 89 DEGREES 57 MINUTES EAST A DISTANCE OF
311.76 FEET TO THE POINT OF BEGINNING.
(C) ADDITION - BARTOS
LOT - 1
(D) BEGINNING AT A POINT WHICH BEARS SOUTH 09 DEGREES 49
MINUTES 05 SECONDS WEST A DISTANCE OF 873.80 FEET FROM
THE NORTHEAST CORNER OF SECTION 6, BLOCK E, LUBBOCK
COUNTY, TEXAS, SAID POINT BEING THE SOUTHWEST CORNER OF
LOT 1, BARTOS ADDITION;
THENCE EASTERLY ALONG THE SOUTH LINE OF LOT 1, BARTOS
ADDITION A DISTANCE OF 149 FEET TO THE SOUTHEAST CORNER
OF LOT 1, BARTOS ADDITION;
THENCE SOUTH A DISTANCE OF 125 FEET TO A POINT;
THENCE WEST A DISTANCE OF 236.36 FEET TO A POINT;
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Page 573
THENCE NORTH 34 DEGREES 57 MINUTES EAST A DISTANCE OF
152.60 FEET TO THE POINT OF BEGINNING.
(E) BEGINNING AT A POINT WHICH BEARS SOUTH 16 DEGREES 15
MINUTES 38 SECONDS WEST A DISTANCE OF 1157.29 FEET FROM
THE NORTHEAST CORNER OF SECTION 6, BLOCK E, LUBBOCK
COUNTY, TEXAS, SAID POINT BEING THE NORTHWEST CORNER OF
LOT 3, BARTOS ADDITION;
THENCE NORTH 34 DEGREES 57 MINUTES EAST A DISTANCE OF
152.60 FEET ALONG THE EAST ROW LINE OF QUIRT AVENUE TO A
POINT;
THENCE EAST A DISTANCE OF 150.00 FEET TO A POINT;
THENCE SOUTH A DISTANCE OF 125.00 FEET TO A POINT;
THENCE WEST A DISTANCE OF 237.36 FEET TO THE POINT OF
BEGINNING.
(F) ADDITION - BARTOS
LOT - NORTH 100 FEET OF LOT 3
(G) ADDITION - BARTOS
LOT - SOUTH 198.37 FEET OF LOT 3
R1
The following described properties are hereby released and
quitclaimed under Unit No. 2240-79 because no assessment was made
against such properties after the public hearing thereon and because
it was determined by the City Council that the proposed paving
improvements would not enhance the value of the abutting property as
much or more than the estimated cost for such improvements, to -wit:
(A) BEGINNING AT A POINT WHICH BEARS SOUTH 02 DEGREES 41
MINUTES 09 SECONDS WEST A DISTANCE OF 2093.59 FEET FROM
THE NORTHEAST CORNER OF SECTION 1, BLOCK E, LUBBOCK
COUNTY, TEXAS;
THENCE SOUTH 03 DEGREES 51 MINUTES 34 SECONDS WEST, ALONG
THE WEST ROW LINE OF QUIRT AVENUE, A DISTANCE OF 137.17
FEET TO A POINT;
THENCE NORTH 87 DEGREES 38 MINUTES 42 SECONDS WEST A
DISTANCE OF 52.91 FEET TO A POINT;
THENCE NORTHWESTERLY ALONG THE ARC OF A CURVE TO THE
RIGHT AN ARC DISTANCE OF 114.00 TO A POINT, SAID CURVE
HAVING A CENTRAL ANGLE OF 17 DEGREES 30 MINUTES 32
SECONDS AND A CHORD THAT BEARS NORTH 54 DEGREES 51
MINUTES 32 SECONDS WEST 113.56 FEET;
THENCE NORTH 03 DEGREES 51 MINUTES 34 SECONDS EAST A
DISTANCE OF 75.57 FEET TO A POINT;
THENCE SOUTH 87 DEGREES 40 MINUTES 11 SECONDS EAST A
DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING.
(B) BEGINNING AT A POINT IN THE WEST LINE OF THE S. I.
JOHNSTON SURVEY 23, BLOCK E, SAID POINT BEING ONE MILE
SOUTH OF THE NORTHWEST CORNER OF THE S. I. JOHNSTON
SURVEY 23, BLOCK E;
THENCE EAST 30 FEET TO THE SOUTHWEST CORNER OF THIS
TRACT;
THENCE NORTH 89 DEGREES 17 MINUTES EAST A DISTANCE OF
150.00 FEET TO A POINT;
Uuiy Ci, lyay
Page 574
THENCE NORTH A DISTANCE OF 315 FEET TO A POINT;
THENCE SOUTH 89 DEGREES 17 MINUTES WEST A DISTANCE OF
150.00 FEET TO A POINT;
THENCE SOUTH A DISTANCE OF 315.00 FEET TO THE SOUTHWEST
CORNER OF THIS TRACT AND THE POINT OF BEGINNING. FOOTAGE
IS MINUS 20 FEET FOR COUNTY ROAD.
The following described property is hereby released and
quitclaimed under Unit No. 2240-79 because no assessment was made
after the public hearing thereon and because the proposed paving
improvements are below the highwater mark of the lake in which such
paving improvements are located or to be located, to -wit:
BEGINNING AT A POINT WHICH BEARS SOUTH 02 DEGREES 52
MINUTES 47 SECONDS WEST A DISTANCE OF 2507.71 FEET FROM
THE NORTHEAST CORNER OF SECTION 1, BLOCK E, LUBBOCK
COUNTY, TEXAS;
THENCE SOUTH 03 DEGREES 51 MINUTES 34 SECONDS WEST ALONG
THE WEST ROW LINE OF QUIRT AVENUE A DISTANCE OF 136.46
FEET TO A POINT;
THENCE NORTH 87 DEGREES 38 MINUTES 42 SECONDS WEST A
DISTANCE OF 150.00 FEET TO A POINT;
THENCE NORTH 03 DEGREES 51 MINUTES 19 SECONDS EAST A
DISTANCE OF 136.86 FEET TO A POINT;
THENCE SOUTH 87 DEGREES 29 MINUTES 34 SECONDS EAST A
DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING.
7.
All of the property to which this partial release is applicable
as hereinabove described is located within the corporate limits of
the City of Lubbock, Lubbock County, Texas, and this release is only
applicable to the properties hereinabove specifically described. All
interests and/or liens not specifically herein released are hereby
retained by the City of Lubbock.
Executed this 27th day of July, 1989.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry D. Hertel
Larry D. Hertel, City Engineer
STATE OF TEXAS §
COUNTY OF LUBBOCK §
CITY OF LUBBOCK
BY:/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
BEFORE ME, the undersigned authority, a Notary Public in and
for said County, Texas, on this day personally appeared B. C. McMINN,
Mayor, known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same
uu/y 4/, 1r0�1
Page 575
as the act and deed of the CITY OF LUBBOCK and as Mayor, for the
purposes and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 27th day of July,
/s/ Olivia R. Solis
Notary Public in and for
Lubbock County, Texas
My Commission Expires: 11-30-89
This Partial Paving Release is intended to
release liens and/or clouds on Certain properties
created by filing with the Real Property Records
of Lubbock County the Resolution passed by the
City Council January 12, I989, which declared the
necessity for improving certain streets and
alleys. Properties included in this Partial
Release are:
l'
Properties
adjacent to the alley
that were
deleted from the
project.
2.
Properties
that already have curb
and gutter
and paving adjacent to
them, or have
pre -paid paving.
3'
Properties
adjacent to State of
Texas rights
-of -way.
4.
Properties
where the enhancement
rate was determined
by the City
Council to
be zero.
5'
Properties
below the estimated
high water
mark of the lake'
Motion was made by Councilman Carpenter" seconded
by Councilman Phillips to authorize Resolution
#316I as recommended by 3taff. Motion carried:
7 Yeas; O Nays.
89-488-575-446
/23,1 Consider Resolution #3162 authorizing the Mayor
to sign an Agreement with Central Freight Lines,
RESOLUTION #3162
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 the City of
Lubbock and Central Freight Lines, Inc., a common carrier
corporation, said agreement attached hereto as Exhibit A and
incorporated herein being concerned with reconstruction and/or
construction of street improvements on 82nd Street from Ash Avenue to
U.S. 87 within the corporate limits of the City of Lubbock, which
shall be spread UpuD 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.
ou/X 6/, 1�20r
Page 578
Passed by the City Council this 27th day of July, 1989.
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry V. Hoffman
Larry V. Hoffman, Director of
Transportation
THE STATE OF TEXAS
COUNTY OF LUBBOCK
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Dennis W. McGill
Dennis W. McGill, Trial
Attorney
EXHIBIT 8
AGREEMENT FOR RECONSTRUCTION
OF A PORTION OF 82NO STREET
This Agreement is entered into by and between the City of
Lubbock, a Home Rule Municipality located in Lubbock County, Texas
(herein called "City") and Central Freight Lines, Inc', a common
carrier corporation (herein called "Central"), this 27th day of July,
1989.
KNOW ALL MEN BY THESE PRESENTS:
THAT City and Central in consideration of the mutual agreements
and obligations herein respectively undertaken by each of them, as
hereinafter set forth, do hereby contract and agree as follows:
I'
City and Central agree to pay for the reconstruction and/or
construction of street improvements on 82nd Street from Ash Avenue to
U.S. 87 within the corporate City limits of City (herein called
xpro'actu or "the project"). It is estimated that the project will
cost approximately ONE HUNDRED FORTY THOUSAND AND NO/100 DOLLARS
'�� 14O,OOO,UO\. Central shall pay FORTY THOUSAND AND NO/100 DOLLARS
'$40,000.001 toward the cost of the project, and its liability for
such Coats `s specifically limited to FORTH THOUSAND AND NO/I00
DOLLARS ($40,000.00). Central shall deposit with the City f Lubbock
the sum of FORTY THOUSAND AND NO/lOO DULLARD ($40,000'00) within
seven (7) days of receipt of notice from the City that it plans to
advertise the project for bids within fifteen (I5) days, to assure to
City the funds to be furnished by Central are available for
expenditure on the project.
Il'
As soon as practicable after execution of this Agreement, City
shall prepare proposed Contract documents, notice and invitation for
bids, and shall consider such bids, if any, which are received for
construction On the prO'ect. If it is determined that a satisfactory
bid is found and determined by the City Council of the City, the
construction contract shall be awarded to such satisfactory bidder;
then if all contract requirements of the City are met by the
successful bidding contractor, than the City will enter into the
contract by its execution thereof, if the successful bidder also
executes the contract' The City specifically reserves the right to
reject any or all bids, and the City reserves the right not to
execute any construction contract which, in the C\ty/s sole
discretion, d085 not meet the contract requirements of the City, or
any of the requirements of the laws of the State of Texas, or the
ordinances, regulations, and Charter of the City with respect hereto,
%Ju/y c', lvov
Page 577
and if the City so determines not to execute the construction
contract, it shall have the option in its discretion of terminating
this Agreement for all purposes. The City shall use its best efforts
to execute the construction contract (within the limitations imposed
on such execution set forth herein) within six (6) months from the
date of this Agreement.
aff
The deposit of FORTY THOUSAND AND NO/IOO DOLLARS ($40,000'00)
by Central with the City of Lubbock as above set forth shall not bear
interest'
IV'
If the City does not receive any bids for the project which are
satisfactory to the City, the City may at its sole option terminate
this Agreement for all purposes or re -advertise for bids again. If a
second advertising for bids occurs, and such bids are still
unsatisfactory (in the sole discretion of the City), then City shall
have the right to terminate this Contract for all purposes.
V.
After the construction begins, if it does so begin, the City
may use the FORTY THOUSAND AND NO/lOO DOLLARS ($40,000'00) deposit to
pay the contractor for part of the work done on the project.
Vi.
City shall be the sole judge as to whether the contractor has
completed the project in accordance with the plans and specifications
of the contract documents, and acceptance of such project
improvements by the City.
VIi'
City shall maintain the portion of 82nd Street so constructed
in accordance with the policies and regulations of the City, and
customary and usual practices of the City in such maintenance.
VIII'
This Agreement shall not become effective until its execution
by both City and Central, and the deposit by Central of the sum of
FORTY THOUSAND AND NO/IOO DOLLARS ($40,000.00) with the City as
hereinabove provided.
If the construction contract is not awarded to a bidder by the
City, or if the construction contract is not executed by the City,
within six (0) months from the data of this Agreement, the City
and/or Central have the right to terminate this Agreement and upon
termination, Central shall be entitled to a refund of its FORTY
THOUSAND AND NO/lOU DOLLARS /$40,000-00\ deposit from the City.
EXECUTED as of the date first above written in the City of
Lubbock, Lubbock County, Texas in duplicate, each duplicate copy
having the dignity of an original, and being performable in the City
of Lubbock, Lubbock County, Texas'
uuly c/, 1�20tq
Page 578
CITY OF LUBBOCK
8Y:
B. C. McMINN, MAYOR
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry V. Hoffman
Larry V. Hoffman, Director of
Transportation
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
CENTRAL FREIGHT LINES, INC-
TITLE: President
DuriDg the Spring and Summer of 1988, the City
received several complaints regarding the poor
condition of the pavement on 82nd Street between
U.S. 87 and Quirt Avenue. A review of the PAVER
Output revealed that this 1-I/2 mile section of
82nd Street had a pavement condition index (PCI)
of ten' (A PCI of O to 30 in indicative of
pavement that is very poor to failed and in need
of reconstruction.)
Due to the volume of trucks that travel this
section of 82nd Street, it was determined that a
pavement with a 6" caliche sub -base, 3" asphalt
stabilized base, and 2" of hot mix would be
required to provide a ten-year life for the
rebuilt street- It was estimated that the con-
struction of this pavement structure from the
Tahoka Highway to Quirt Avenue would cost
approximately $441,000'00'
In Summer, 1988, no funds were allocated for this
project, and in an attempt to secure partial
funding, Staff solicited funds from Central
Freight Lines, Lubbock County, and two
construction companies that frequently run heavy
trucks over 82nd Street. Central Freight Linea
agreed to provide $40,000 for reconstruction of
the portion of 82nd Street between U.S. 87 and
Ash Avenue, if the City could provide the
remainder of the funding. These funds were not
available until several projects were closed out
and additional funds were put in the Permanent
Street Maintenance Fund.
The only requirement imposed by Central Freight
Lines on the use of the funds is that they be
used on the reconstruction of 82nd Street from
U.S. 87 to Ash Avenue only and no special mainte-
nance requirements are Contained in the
Agreement.
Approval of this agreement would authorize Staff
to proceed with the design and construction of
the project; and City funds in the approximate
amount of $401,000 would be committed to the
project from the fund balances in the Street
Capital Projects Fund and the Permanent Street
Maintenance Fund'
July 61, 1"ol
Page 579
Motion was made by Mayor Pro Tem Baker, seconded
by Councilwoman Trejo to authorize Resolution
#3162 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
89-48B-579- 447
(24.) Consider request of Texland Petroleum for a bond
reduction for Lif-Lubheirs No. 7.
This is a routine request as provided in Section
24-128(a) of the City of Lubbock Code of
Ordinances. When a well is completed, the
permittee is entitled to a reduction in the Bond
or Letter of Credit from $25,000 to $10,000. A
letter requesting this reduction was submitted to
the Planning Department on July 3, 1989.
Drilling operations have been completed. Staff
recommended approval of this reduction.
Motion was made by Councilman Carpenter, seconded
by Councilman Phillips to approve request of
Texland Petroleum for a bond reduction for Lif-
Lubheirs No. 7 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
(25.) Consider Resolution #3163 authorizing the sale o
a parcel of land by the City Council and
authorizing the Mayor to execute for and on
behalf of the City of Lubbock a Quitclaim Deed i
favor of Consolidated Federal Savings Bank.
RESOLUTION #3163
WHEREAS, a parcel of land located in Section 10, Block E-2 to
the City of Lubbock is hereby determined to be surplus to the needs
of the City of Lubbock and can be sold, due to its size and shape,
without bid procedures or publication to an abutting owner for its
fair market value pursuant to Section 272.001 of Vernon's Texas Codes
Annotated Local Government Code; and
WHEREAS, said land has an appraised fair market value of
$3,038.27 and an abutting owner, Consolidated Federal Savings Bank,
has offered to purchase said land, and this City Council hereby
determined that it would be to the public interest to sell said land
to said abutting owner at said purchase price; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT said sale as hereinabove set forth in the
preamble hereof is hereby approved.
SECTION 2. THAT the Mayor of the City of Lubbock is hereby
authorized and directed to execute a Quitclaim Deed from the City of
Lubbock unto the said Consolidated Federal Saving Bank, as Grantee,
for a consideration of $3,038.27 in cash paid to the City of Lubbock
by said Grantee, a copy of which deed is attached hereto and shall be
spread upon the minutes of this Council, and as so spread upon said
minutes shall constitute and be a part hereof as if fully copied
herein in detail.
uu/y 4/° 1zo,j
Page 580
Passed by the City Council this 27th day of July, 1989.
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Ed Bucy, Right -of -Way Agent Harold Willard, Assistant City
Attorney
QUITCLAIM DEED
THE STATE OF TEXAS 8
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
THAT the CITY OF LUBBOCK, a Home Rule Municipality in the
County of Lubbock, State of Texas, hereinafter called "GRANTOR",for
and in consideration of the sum of TEN AND NO/IOO ($lO.00) DOLLARS
and other good and valuable consideration to GRANTOR in hand paid by
CONSOLIDATED FEDERAL SAVINGS BANK, of Lubbock, Texas, hereinafter
called "GRANTEE", the receipt of which is hereby acknowledged" does
by these presents ABANDON, DISCLAIM, RELEASE AND FOREVER QUITCLAIM
unto the said GRANTEE, all of GRANTOR'S rights, title and interest in
and to that certain tract or parcel of land lying and being situated
in the County of Lubbock, State of Texas, described as follows, to-
wit:
A tract of land located in Section IO, Block E-2, Lubbock
County, Texas, being further described as follows:
BEGINNING at a point in the East line of said Section 10 which
bears S. 00102/48x West a distance of 30'00 feet from the
Southeast corner of the Northeast Quarter of Section IU, Block
E-2, Lubbock County, Texas;
THENCE S. 00002/48x West along said Section ling a distance of
112.83 feet to a point on a curve;
THENCE Northwesterly along a curve to the left, said curve
having a radius of 820 feet, a central angle of 2116/33x,
tangent lengths of I6.29 feet, and a chord distance of 32.57
feet to a point of tangency;
THENCE N. 26057/14x West along a line parallel to and I05 feet
distance from, measured at right angles to the Southwest right-
of-way ]iDG of Quaker 8VeOUg, a distance Of 91.95 feet to a
point on a curve;
THENCE Northeasterly along a curve to the right, said curve
having a radius of 15.00 feet, a central angle of 27000o30o,
tangent length of 3'60 feat, and a chord distance of 7.01 feet
to a point of tangency;
THENCE S. 89054/44« East a distance of 49.02 feet to the POINT
OF BEGINNING.
TO HAVE AND TO HOLD the same premises together with all and singular
the rights, privileges and appurtenances thereto in any manner
belonging unto the said GRANTEE, its successors and assigns forever,
so that neither the GRANTOR, its successors or assigns, nor any
persons claiming under GRANTOR, shall at any time hereinafter have,
claim or demand any right to the title to the aforesaid premises or
appurtenances or any part thereof.
uu/y L/, lrov
Page 581
WITNESS MY HAND AT LUBBOCK, TEXAS, this 27th day of July, 1989.
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right -of -Way Agent
THE STATE OF TEXAS
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant
City Attorney
BEFORE ME, the undersigned authority, a Notary Public in and
for said County, Texas, on this day personally appeared B. C. McMINN,
known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same
as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the
purposes and consideration therein expressed and in the capacity
herein stated -
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 27th day of July,
/s/ Olivia R. Solis
Notary Public in and for
Lubbock County, Texas
M» Commission Expires
November 30, 1989.
This Resolution by Council authorizes approval of
sale of a tract of land at the southeast corner
of Quaker Avenue and 74th Street to the abutting
property owner, and it also authorizes the Mayor
to sign a Quitclaim Deed from the City of Lubbock
to Consolidated Federal Savings Bank (formerly
Sentry Savings). This piece of property was
purchased for the widening of Quaker Avenue in
April, 1982' The total size of the property is
5,2I1'20 square feet (or 0'I20 acres), and was
acquired for $5,000 (or $0.96 per square foot).
The City will retain the west I5/ of this tract
for Quaker Avenue right-of-way and sell the
remaining 3,I66'6I square feat (or 0.073 acres).
The Right -of -Way Department values this 3,166'6I
square feet at 0'8 per square feet for a sale
price to Consolidated of $3,038'27'
The Public Lands Article 5421 C-12, Section 2A
states that small slivers of land may be sold to
the adjoining property owner, who in this case is
Consolldated.
Motion was made by Councilman Phillips, seconded
by Councilman Patterson to authorize Resolution
#3163 as recommended by Staff. Motion carried:
7 Yeas; 0 Nayo.
uu|y 6/, vruz
Page 582
(28') Consider Resolution #3164 authorizing
to sign the Cover Sheet of the Plans prepared by
the Texas Department of Highways and Public
Transportation for a traffic signal installation
at 34th Street and West Loop 289.
RESOLUTION #3164
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 Cover Sheet for the plans and specifications as furnished
by the Texas State Department of Highways and Public Transportation
for traffic signal installation at 34th Street and West Loop 289-
Passed by the City Council this 27th day of July, 1989.
ATTEST:
Ranette Boyd, City Secretary
/s/ David E. Woosley_
David E. Woosley, Traffic Engineer
COVER SHEET FILED WITH RESOLUTION #3164
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim,
Assistant City Attorney
These traffic signals are being installed by the
State at their cost of an estimated $95,000. The
City will then be responsible for maintenance of
these traffic signals. The State plans on
bidding this project this fall, and construction
should be completed by next spring.
Motion was made by Councilman Carpenter, seconded
by Councilwoman Tre^o to authorize Resolution
#3I64 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays'
(27') Consider Resolution #3165 authorizing the Mayor
to sign the Cover Sheet of the Plans prepared b
the Texas Department of Highways and Public
Transportation for a traffic signal installatio
at Quaker Avenue and North Loop 289.
RESOLUTION #3165
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 Cover Sheet for the plans and specifications as furnished
by the Texas State Department of Highways and Public Transportation
for traffic signal installation at Quaker Avenue and North Loop 288.
ou/y 4/, lruz
Page 583
Passed by the City Council this 27th day of July, 1989.
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ David E. Woosley
David E. Woosley, Traffic Engineer
COVER SHEET FILED WITH RESOLUTION #3165
B. C. McMINN, MAYOR
/s/ J. Worth Fullingim
J. Worth Fullingim,
Assistant City Attorney
These traffic signals are being installed by the
State at their cost of an estimated $105,000-
The City will then be responsible for maintenance
of those traffic signals. The State plans to bid
the project this fall, and construction should be
complete by next spring.
Motion was made by Councilwoman Tr 'o, seconded
by Councilman Patterson to authorize Resolution
#3I65 as recommended by Staff' Motion Carried:
7 Yeas; O Nays'
(28-) Consider Resolution #3166 authorizing the Mayor
to sign a Lease Agreement with the U. S.
Department of Commerce for the National Weather
Service for space at Lubbock International
RESOLUTION #3166
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 [ease Agreement with the United States Department of
Commerce, National Weather Service for office apace in the Executive
Terminal at Lubbock International Airport, 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 27th day of July, 1989.
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Marvin Coffee
Marvin Coffee, Director of Aviation
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
LEASE AGREEMENT FILED WITH RESOLUTION #3166
uu/y C / , Iron
Page 584
The National Weather Service has for many years
leased space in the Executive Terminal at the
Lubbock International Airport, and their Lease is
up for renewal.
Negotiationshave continued to have some changes
made which would reduce the airport expenses
associated with the space. These changes were
included in a cover letter with proposed [ease
No. 06-7-02I-61I94 as follow:
Term - 5 years --October l, I988 through
September 30, 1993
Rental - 3,664 square feet at $2'723
per square foot per year �
t9,977'76/vear
Utilities - Department of Commerce pays
utilities
Miscellaneous - Department of Commerce
provides for its own custodial service,
supplies, removal of trash and garbage
and is responsible for pest control,
lawn and grounds maintenance as well as
snow and ice control.
Causing the delay in renewing this Lease, in
addition to the inclusion of the above, was the
requirement of certification of the absence of
asbestos in the leased facilities. Duping the
delay, the Lease has been allowed to carry over
and rentals are current.
TheAirport Board reviewed the proposed Lease
renewal, with the inclusion of the provisions
outlined in the referenced cover letter and
recommended approval.
Motion was made by Councilman Phillips, seconded
by Councilman Patterson to authorize Resolution
#3160 as recommended by Staff. Motion carried:
7 Yeas: U Nays'
(29.) Consider Resolution #3167 authorizing accepting
water and sewer improvements in Tract B, Caprock
RESOLUTION #3167
RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR
TRACT B, CAPROCK ADDITION.
WHEREAS, the developer of Tract 8, CaorOck Addition has
complied with the provision of the City of Lubbock Code, Chapter 28,
Article IV, by providing the water and sewer improvements for said
addition in accordance with paragraph 156 of said Chapter 28; and
WHEREAS, the total utility cost to the developer is $14,09I.87
with the improvements constructed by Utilities Contractors of
America, Inc., having a value of $I2,361-90 as determined by the unit
prices established by said Chapter 28, and $1,729.87 cash paid to the
City, with Sun Builders Company, the developer, to receive a refund
of $O'OO in accordance with Chapter 28 of the Code of Ordinances of
the City of Lubbock and a refund of deposit in the amount of $0.00;
and
uu/y c/, lzm=
Page 585
WHEREAS, the construction of the said water and sewer
improvements was performed under the supervision of the Water
Utilities Engineer and completed in accordance with the City of
Lubbock's plans and specifications; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION l. THAT the improvements be and the same are hereby
accepted as an integral part of the water and sewer system of the
( 1 City Of Lubbock.
SECTION 2' THAT this Resolution shall take effect and be in
force from and after its passage'
Passed by the City Council this 27th day of July, 1989.
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Wilford D. Watson /s/ J. Worth Fullingim
Wilford D. Watson, Chief Water J. Worth Fullingim,
Utilities Engineer Assistant City Attorney
This is a routine acceptance of water and sewer
improvements constructed in accordance with the
subdivision regulations and is in conjunction
with the Cap7pck Shopping -Center improvement
activity. The total cost of the improvements is
$14,091'87" including value of construction costs
of $12,361'90 and $1,729.97 cash paid to the
City' These improvements will provide the
relocation of existing facilities, and there are
no City costs involved. The developer has
provided new easements to accommodate the new
imprnvmnents. Staff recommended approval.
Motion was made by Councilman Patterson, seconded
by Councilwoman Tre'o to authorize Resolution
#3167 as recommended by Staff' Motion carried:
7 Yeas; O Nays.
89-48B-585-453
(3O-) Consider Ordinance #9294 amending Chapter 28 of
the Code of Ordinances of the City of Lubbock,
Texas with regard to wastewater regulations.
ORDINANCE #9294
AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF
THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO WASTE WATER REGULATIONS BY
| | ENACTING A NEW ARTICLE III THERETO; PROVIDING A PENALTY; PROVIDING A
- SAVINGS CLAUSE' AND PROVIDING FOR PUBLICATION.
During the July 13 City Council work session,
Staff presented proposed revision of Article 3 of
the Lubbock Sewer Ordinance that will enable the
City of Lubbock to comply with State and Federal
regulations concerning wastewater collection.
vu`Y L/, 1VoV
Page 586
The objectives of the article revisions are as
follow: TO prevent pollutants that will
interfere or contaminate the wastewater system,
to improve the opportunity to recycle and reclaim
wastewater and sludges, to provide for equitable
distribution of the costs of the wastewater
system, and to protect the health and safety of
wastewater personnel.
Sewer service charges, including residential,
commercial and industrial, will be determined by
the same rate currently in effect, with an
additional charge for effluent that has excessive
grease. All industrial and Commercial users will
be required to monitor sewage discharge with a
metering device s0 the quantity Of sewage
discharged can be determined and a correct
surcharge assessed.
In general, discharge that will be prohibited
will include items that will interfere with the
operation and performance of the Wastewater
Collection and Treatment System, and also any
discharge that will prevent the Wastewater Plant
From meeting Texas Water Commission permit
requirements.
Industrial users will be required to obtain a
Wastewater Contribution Permit from the City in
order to connect or discharge into the Wastewater
Collection System. The Permit will include
pertinent information about the industry and the
type of pollutants discharged. Violations of
conditions of this Permit, conditions of the
sewer ordinance, or State and Federal regulations
will result in penalty including revocation of
Permit.
Some industries that are not able to meet
discharge limits may be required to install
pretreatment facilities' Companies that do
install pretreatment facilities will also be
asked to obtain a Wastewater Contribution Permit
and will be subject to the same discharge limits
as are those without pretreatment facilities.
Disposal at the sewer plant will also be
monitored. Discharge prohibitions will be the
same for septic tank haulers as for industrial
VSepS. Samples of septic tank waste will be
taken and analyzed and those found to be high in
8DD or total suspended solids will be surcharged.
A minimum dump fee will be charged each time a
septic hauler empties at the Wastewater
Reclamation Plant according to the volume
emptied.
ID the event there is a discharge which may cause
substantial endangerment to the health of
persons, or the treatment plant process or
facility, the City may suspend wastewater
treatment service or the Wastewater Contribution
Permit' Any user notified will be asked to
immediately stop discharging into the wastewater
system, and if compliance is not maintained, the
City will be prepared to take three steps:
uu/y L/, lvov
Page 587
l' Issuance of a "warning notice";
2. Issuance of a "violation notice"
after thirty days of non-
compliance;
3. Issuance of a "final violation
notice" followed by a compliance
meeting after thirty days with
the industry to mgg why
compliance has not been met. If
non-compliance continues, the
City will have the option of
taking legal action against the
user by charging a fine up to
$1,000 a day per offense.
Staffrecommended revision of this article to
ensure the health and safety of Lubbock citizens,
Wastewater Treatment personnel and Wastewater
Treatment Plant equipment and processes.
Improvement in monitoring of discharge wastewater
pollutants will help ensure a high quality and
more efficient wastewater facility.
Motion was made by Councilman Carpenter, seconded
by Mayor Pro Tgm Baker to pass on first reading
Ordinance #9294 as recommended by Staff. Motion
carried: 7 Yeas; O Nays.
88-488-587- 454
(31') Consider Resolution #3168 authorizing the Mayor
to sign Change Order No. 1 to Contract with ABB
Electric on the Texas Tech Cogeneration Sub -
RESOLUTION #3168
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of
Lubbock a Change Order No. I to Bid No. 9889, Texas Tech Cogeneration
Substation, by and between the City of Lubbock and AB8 Electric,
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 27th day of July, 1989.
ATTEST:
Ranette Ru«6, City Secretary
APPROVED AS TO CONTENT:
/s/ Carroll McDonald
Carroll McDonald, Assistant City
Manager of Utilities
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
uw`Y C', 1VOV
Page 688
CHANGE ORDER NO. l TO BID NO. 9999
TEXAS TECH COGENERATION SUBSTATION
TO: AB8 Electric
400 South Prairie Ave'
Waukesha, Wisconsin 53I86-5937
Gentlemen:
WHEREAS, it is desirable to make changes in the contract for
this project, being namely the following:
Provide controls, metering and protective relays for all
maintenance position circuit breaker cubicles.
WHEREAS, the Contractor herein agrees to the following change:
Add one circuit breaker control switch (52C3) to each
sNitchQear building to control the maintenance position
breakers in each building.
Add one three phase and ground nvercurrent relay per switch
gear building for uvercurrent protection of all maintenance
position circuit breakers'
Add one digital ammeter and ammeter switch to each switch gear
building to monitor all maintenance position circuit breakers.
Delete the recording ammeter and ammeter switch for the 15KV
tie breaker.
Add one set of 1200:5 MR, C400 current transformers to each of
the two 09KV line breakers'
Add a single phase digital ammeter on the 12KV side of each of
the two transformers.
Add a single phase current transformer in the test position of
each of the two I2KV main breakers for metering.
Add an AVR relay in each active breaker position and one AVR
relay and one amber light for all test positions in each
switChgear building.
Delete the phase distance fault detectors from the two 69KV
line breaker relay schemes.
Delete the separate lockout relays for the 69KV breaker failure
scheme (86BF) and 68KV VVerVVltage scheme /86-59\.
The contract amount will be increased $8690'00 resulting in a
new contract amount of $2,364,690'00
THE AGREEMENT WI3NESSETH: The Owner and the Contractor agree
to the change shown herein. The Contractor agrees to proceed with
the addition of the required controls, metering and protective
relays. Furthermore, the parties agree that the original contract
between the Owner and the Contractor shall be modified to the extent
herein indicated.
IN WITNESS WHEREOF, the Owner and the Contractor have hereto
set the hands this 2Iat day of July, 1989'
A8B ELECTRIC
(Contractor)
July G/, 1y8y
Page 589
By:/s/ B. C. McMinn
B. C. McMINN, MAYOR
RECOMMENDED FOR APPROVAL:
CITY OF LUBBOCK
(Owner)
Attest:/s/ Ranette Boyd
Ranette Boyd, City Secretary
/s/ Carroll McDonald /s/ Donald G. Vandiver
Carroll McDonald, Assistant Donald G. Vandiver, First
City Manager of Utilities Assistant City Attorney
Under the Texas Tech Cogeneration Substation
Contract, the vendor is responsible for
furnishing all equipment and the detailed plans
and design for the project. The Contract
documents contain basic system layouts and
detailed equipment and performance
specifications. As the detailed electrical
control and wiring diagrams have developed, it
has become apparent that some additional controls
and devices are required. The changes and
amounts to be considered are as follows:
1. Add one control switch in each
switchgear building to operate
the maintenance bypass circuit
breakers at a cost of $120 per
building.
Add $ 240
2. Add one set of three phase and
ground overcurrent relays to each
switchgear building to provide
overcurrent protection for the
maintenance bypass circuit
breaker positions. The relay
cost per building is $2,930.
Add $5,860
3. Add one ammeter and ammeter
switch for each switchgear
building to monitor currents in
the maintenance bypass circuit
breaker cubicles. The cost per
building is $400.
4. The contract documents indicated
a recording ammeter was required
for all active circuit breakers.
The bus tie circuit breaker
between the two switchgear
buildings will not need a
recording ammeter.
Deduct $1,600
5. The contract documents did not
indicate separate current
transformers on the 69KV line
breaker for telemetering of 69KV
line currents and did not
indicate ammeters and CT's for
metering of the 15KV main and
generator breakers both normal
and test positions. The contract
uu/y 4/, 1".j
Page 590
documents also did not include
provisions for remote alarming of
gas insulated circuit breaker gas
pressures.
Add $7,040
G' The contract documents specified
a fault detector to supervise the
operation of phase distance
relays and indicated separate
lockout relays for breaker
failure schemes and 68KV
overvo]tage schemes. It has been
determined that these relays are
not required.
DeductTotal Add $8,690
The reasons for these changes are as follows:
l' Each substation high voltage
circuit breaker cubicle is
divided into two sub -cubicles,
one for the active circuit
breaker and one for a spare or
maintenance 6xnaos circuit
breaker' The contract drawings
did not show a control switch
(52C3) for these maintenance
circuit breaker positions. A
control switch is necessary to
operate the circuit breaker. To
reduce the coat of this change,
Staff propose to use a single
control switch to operate all
maintenance position breakers in
a single building- It is
anticipated that only one circuit
breaker would ever be bypassed at
any one time.
2' The contract drawings did not
show protective relays for the
maintenance bypass circuit
breaker positions. Should a
short circuit occur in the
distribution system while a
circuit breaker is bypassed for
maintenance or testing, severe
damage and a total outage to the
substation could result'
Protection must be provided for
these circuit breakers. To
reduce the cost of this change,
Staff propose to use a single set
of relays to protect all
maintenance bypass circuit
breaker positions. It is
anticipated that only one circuit
breaker would ever be bypassed at
any one time.
3, The contract drawings did not
show an ammeter for the
maintenance bypass circuit
breaker position' As an
operational procedure it will be
uu/y 4/, I-Joz
Page 591
necessary to confirm that the
bypass circuit breaker is closed
and is carrying the bypassed load
prior to opening the circuit
breaker under teat' This
confirmation can only be given by
an ammeter in the maintenance
bypass position. To reduce the
coat of this change, Staff
proposed using a single set of
ammeters to monitor all
maintenance bypass circuit
breaker positions. It is
anticipated that only one circuit
breaker would ever be bypassed at
any one time.
4. The bum tie circuit breaker will
only be used during transformer
maintenance or emergency con-
ditions. The recording ammeter
shown on the drawings would be
redundant since its load can
readily be determined by summing
the values shown on up -stream and
down -stream recording ammeters.
To help offset the cost of other
changes, Staff proposed to
eliminate this meter'
5. Separate metering CT/s are
required for 69KV line currents
to assure that an equipment
failure in a metering circuit
will not jeopardize the
performance or operation of a
protective relay scheme. Digital
ammeters must be provided for all
circuit breakers in both the
normal and maintenance 6«paaa
positions. Configuring the
normal and maintenance bypass
circuit breaker condition
monitors to give separate alarms
as well as provide remote
signalling of abnormal conditions
will require auxiliary relays.
These functions were not
addressed in the contract
dncumenty-
6' The requirement for fault
detector supervision of the phase
distance scheme and the separate
lockout relays resulted in the
control system design being
overly complex- The improvement,
if any, in system reliability
appeared to be reduced or
compromised by the increase in
wiring and loss of control panel
apace' It was therefore
determined that omission of these
devices would not drastically
impact the quality or capability
of the system.
According to Staff memo, the proposed changes are
necessary to assure safe and reliable operation
of this major generation and distribution
ou/Y C/, lvov
Page 592
substation. Contractual obligations with Texas
Tech University demand that this Substation have
high reliability and be capable of being
maintained without shutdown of the generating
plant.
It was 8taff/s recommendation that these costs
are reasonable and that Council should authorize
these changes to the original contract documents.
Motion was made by Councilman Phillips, seconded
by Councilman Patterson to authorize Resolution
#3168 as recommended by Staff' Motion carried:
7 Yeas; O Nays'
(32') Consider Resolution #3169 authorizing the Mayor
to sign Change Order No. 1 to Contract with Fru-
Con Construction Corporation on the Texas Tech
Cogeneration Project.
RESOLUTION #3169
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of
Lubbock a Change Order No. 1 to 8\d No. 9905 by and between the City
of Lubbock and Fru-Con Construction Corporation for a 21 Megawatt
Cogeneration Project at Texas Tech University, 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 an if fully copied herein in detail'
Passed by the City Council this 27th day of July, 1989.
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Carroll McDonald
Carroll McDonald, Assistant City
Manager for Utilities
B. C. McMINN, MAYOR
"Mila "If
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
CHANGE ORDER NO. 1 TO BID NO. 9905
21 MEGAWATT COGENERATION PROJECT
TO: FRU-CON Construction Corp.
15933 Clayton Road -West
Ballwin, M0 630I1
Gentlemen:
WHEREAS, it is desirable to make changes in the Contract for
this project, being namely the following:
Provide a potential transformer in the Stewart and Stevenson
generation package to interface with those supplied by the
substation manufacturer.
uuly 4/, 1ron
Page 593
WHEREAS, expend necessary resources to complete engineering,
procurement and installation of potential transformer.
Completion of theme items will make the project compatible for
synchronization'
The Contract amount will be increased $5,658-00 resulting in a
now Contract amount of $I4"855,553'00'
THIS AGREEMENT WITNES3ETH: The Owner and the Contractor agree
|-� to the change shown herein' The Contractor agrees to proceed with
expedited fabrication of the equipment in accordance with the plans
and specifications. Furthermore, the parties agree that the original
Contract between the Owner and the Contractor shall be modified to
the extent herein indicated.
IN WITNESS WHEREOF, the Owner and the Contractor have hereto
set their hands this 27th 6a« of July, 1989.
FRU-CON CONSTRUCTION CORPORATION
(Contractor)
CITY OF LUBBOCK
8»: B. C. McMINN, MAYOR
APPROVED AS TO CONTENT:
/s/ Carroll McDonald
Carroll McDonald, Assistant
City Manager for Utilities
FRU-CON
15933 Clayton Road West
Ballwin, Missouri 630I1
314-39I-6700 Telex 193168
CLIENT: City of Lubbock
PROJECT: 21 MW Cogeneration
Project
LOCATION: Texas Tech Campus,
Lubbock, Texas
Ranette Boyd, City Secretary
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
PROJECT NO. L-9905 - 408491
DATE: July 7, 1989
Change Order Request No. 01 covers the following change in contract
Add one line side Potential Transformer (PT) to the line side
of the Main Generator 8reaker, This Potential Transformer will
be included inside the Main Generator Breaker.
The PT that will be provided is a G. E. model 765X3OG5I, single
Bushing Potential Transformer with a 7200/I20 VKatio.
The price reduction for the synch -check relay has been taken
into account in establishing the total price'
This change will delay the Mechanical Completion of this project by O
days. Individual minor modifications may appear to have no impact on
the completion schedule, manpower peak, etc,, but collectively
several such changes would' Contractor reserves the right to
periodically review the cumulative effect of minor modifications and
to make request for price or schedule adjustments.
It is hereby agreed the price for the above work will be:
uu/y 6/, ltmzl
Page 594
The lump sum of $5,658.
Client to sign below as authorization to proceed with the Wmyk and
adjust the contract price. Signed copy to be returned to Fru-Con's
Project Manager'
ISSUED BY: Date: July 11, 1989
Fru-Con's Project Manager
AUTHORIZED BY: /s/ B. C. McMinn Date: July 27, 1989
MAYOR
Specifications by Power Projects and those used
to purchase adjacent substations have resulted in
noncompat1ble systems- Power Projects specified
a phase -to -phase potential transformer for
synchronizing, which is the normal method for gas
and steam generation.
The Citv/o system uses a phase -to -ground
potential transformer that is standard for diesel
engine generators. Evolution from diesel
generators to steam turbine generators required
keeping the old synchronizing scheme.
Thischange order in the amount of $6,658 will
cover the cost to purchase an additional
potential transformer, including engineering and
installation and will make the two synchronizing
systems compatible'
Motion was made by Councilman Phillips, seconded
by Councilman Patterson to authorize Resolution
#3168 as recommended by Staff' Motion carried:
7 Yeas; O Nays'
88-488-594'456
(33-) BID #10265--Insecticides (Health Department).
Reeves Exterminating Equipment, Carrollton--I,100
gl- Cxthion, 91%; 30 gl. Ind -Sol ULV 422
Rgamethrin.
Public Health Equipment Supply, San AnLonio--200
gl' Bacillus ThupiDgieDsis, Stereotype H-14'
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter to authorize low bids
meeting specifications. Motion carried: 7 Yeas;
0 Nays,
/34,\ BID #10253--34th and Quaker concrete
intersection, and authorize same (Streets
RESOLUTION #3170
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 Rhode
Construction Company for the 34th Street and Quaker Avenue concrete
intersection, attached herewith, which shall be spread upon the
minutes of the Council and as spread upon the minutes of this Council
uu/y c/, lzmv
Page 595
shall constitute and be a part of this Resolution as if fully copied
herein in detai7-
Passed by the City Council this 27th day of July, 1989.
ATTE3T:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Gene Eads, Purchasing Manager
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
THIS AGREEMENT, made and entered into this 25th day of Max,
1988 by and between the City of Lubbock, County of Lubbock, State of
Texas, acting by and through B.C. McMinn, Mayor, thereUntu authorized
to do so, hereinafter referred to as OWNER, and Rhode Construction
Company of the City of Lubbock, County of Lubbock, and the State of
Texas, hereinafter termed CONTRACTOR-
WITNES3ETH: 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. 10253 - 34th STREET AND QUAKER AVENUE CONCRETE
INTERSECTION FOR THE AMOUNT OF $3I6,767'I8
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.
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.
vu/y c', lvov
Page 596
ATTEST:
Secretary
APPROVED AS TO CONTENT:
/s/ Jerry Smith
Secretary
COMPLETE ADDRESS:
RHUDE CONSTRUCTION COMPANY, Inc'
8207 Ithaca, Box 53370
Lubbock, Texas 79453
CITY OF LUBBOCK, TEXAS (OWNER)
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Harold Willard
RHODE CONSTRUCTION COMPANY
CONTRACTOR
By: TITLE: President
Rhode Construction Co'
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter to authorize Resolution
#3I70 as recommended by Staff. Motion carried:
7 Yeas; O Nays'
89-488-596-458
(3g') BID #10229--Annual tool bid (Central Warehouse).
Amarillo Hardware Co.--I,000 12u-18T hacksaw
blades; 80 6" slim taper files; 60 7» extra slim
taper files; 60 8" extra slim taper files; hO 6"
mill bastard file; 60 8" mill bastard file; 80
lOx mill bastard file; 00 12" mill bastard file;
50 14" mill bastard file; GU 16» mill bastard
file~` 00 8" round bastard file; lO« yOUDd bastard file; 12u round ���t8y� file; 50 l4u round bastard file; OO 14" horse shoe rasp; 60 3"
Philips screwdriver; 200 long handle round
shovel'" 60 3 lb' double face slg6oe; 60 4 lb'
double face sledge; 100 36n -�
pick handle; 80 5 lb'
railroad pick leas handle; OO 5 lb' Pick Matok
w/o handle; 60 sledge hammer handle; IOO 6" #3
Philips screwdriver; 50 drain spade shovel; IOO
12" machine hammer handle; 100 5/ rake handle;
lOO garden rake; 100 16 oz. Claw hammer
w/fiber8laao handle; 100 0"/ straight pipe wrench;
100 6" standard screwdriver; |OO 10x adjustable
WreOch^,IOO 12" adjustable wrench; GO I5»
adjustable wrench;6O scoop shovel; I00 #lO
aluminum scoop; 100 Go combination pliers; IUO 8"
AC crescent wrench; 6" Crescent T wrench; 60 12"
hacksaw frame; 60 8" standard screwdriver; 48 14"
rigid pipe wrench; 48 12o rigid pipe wrench; 48
14o offset pipe wrench; 48 7-I/2n needle nose
pliers; 48 8-1/2o linemen's pliers; 48 10x
adjustable pliers; 48 I/2X8/16 ratCheting wrench;
48 10" standard screwdriver; 48 12u chain wrench;
48 #26 weed cutter; 48 24" pipe wrench; 48 lBo
pipe wrench; 60 lG" tongue & groove pliers; hU 4/
handle for post hole digger; 24 1-1/6 x 1-I/4
ratcheting wrench; 24 lOx vise grip; 48 10x pipe
wyeOCh~, 48 snow shove]; 60 27" shovel handle; 48 15" chain wrench; 48 14" chain wrench; 48 IO "
cabinet tip screwdriver; 48 6" cabinet tip
screwdriVer', 48 8" cabinet screwdriver; 38 3-I/2
'
uu/y 4/, InOV
Page 597
lb' single bit axe; 36 double bit axe; 60 36" axe
handle -single bit; 60 36" axe handle -double bit;
36 metal handle for post hula digger; 48 concrete
saw blade; 145 l8u standard screwdriver; 48 8/ O.D. tape; 48 20x measuring tape; 48 16'
measuring tape; 60 lO/ measuring tape; 36 IOO'
measuring tape'
Hoster/s Hardware--60 6" round bastard file; 48
post hole diggers w/wuud handler.
Mac Austin Co'" Inc.--100 24 oz' ball pein
hammer; I00 32 oz' ball pein hammer; 48 7"
diagonal pliers; 24 36^ aluminum pipe wrench; 36
I/2x drill index.
Cummins Supply, 8marillo--60 curved look blade
�/
knife', hO cant hooky; 48 3/8 u 16 ratrhetinQ
' '
wrench'" ~
48 �/8 X 3/4 ratchetin wrench; 48 7/8 x
13/I6 ratcheting wrench; 48 IIIG x 3/4
ratchet\ng wrench; 145 Klein skinning knife; 48
6/ folding rule.
Payless Caahwaxu--1,000 12o-24T hacksaw blades;
60 8" half round bastard file; 60 10u half round
bastard file; 60 12" half round bastard film: 00
14n half round bastard file; OO curved non -
folding knife; 60 8 lb' double face hammer; 80 16
lb' double face sledge; hO 10 lb. double face
sledge; 200 14o machine hammer handle; 200 IGx
machine hammer handle; hO cant hook handle; 60 5/
weeding hoe handle; lOO weeding hoe; 60 #2 square
point shovel; 100 4" standard screwdriver; IOO
long handle square shovel; IOO 48" shovel handle;
IOO 8" straight pipe wrench; IOO sweep broom
rake; 38 heavy duty weed cutter; 60 3" standard
screwdriver; 24 18x chain wrench; 48 I-1/2u fire
hydrant wrench; 24 18" '
adjustable wrench: 48 long
handle hay fork; 18 48" aluminum pipe wrench; WO
nut driver sat^, 60 13 oz. claw hammer handle; 00
I411 claw hammer handle~
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter to authorize low bids
meeting specifications. Motion carried: 7 Yeas;
O Nays'
89-488-587-459
/36.\ BID #10257--For Sale - Houses and improvements to
be moved (Right of Way).
Robert Glasscock, 3hallowater--2902 Duke; 2902
Emory; 2901 Emory'
J. L. Daxis--2902 Erskine; 2902 Grinnell; 290I
Grinnell --tie bid awarded on this item (NV' 9)'
C & W House Movers, Inc'--2901 Dartmouth; 2902
Fordham'
Tony Mota, Jr'--2902 Fordham'
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter to authorize low bids
meeting specifications and after a drawing,
awarding to J. L. Davis tie bid on Item #9--290I
Grinnell' Motion carried: 7 Yeas; 0 Nays'
^uw a'" lvov
Page 598
89-48B-598-460
(37.) BID #10268--Boom-truck conversion (Garage
Department) -
American Equip. & Trailer --Truck conversion --boom
truck to truck cab and chassis.
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter to authorize low bid
meeting specifications. Motion carried: 7 Yeas;
O Nays.
89-48B-598-461
(3B') BID #10261--Protective clothing (Fire
Waxest Safety, Dallas--5 aluminized turnout
coats' 30 Numgn turnout coat'
Casco Industries, Channelview--6 aluminized Nomeu
fire hoods; 8 aluminized Nomox turnout pants; 6
aluminized Nomen gauntlet gloves --tie bid awarded
on this item (No. 3\; 72 service gloves.
Halprin Fire Equipment Co., Los Angeles, CA--30
Nomex turnout pants; 80 service knee boots; 40
service hip boots; 30 fire helmet.
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter to authorize low bids
meeting specifications and after a drawing"
awarding the tie bid to Casco Industries on Item
#3--5 aluminized NomeX gauntlet gloves. Motion
carried: 7 Yeas; O Nays'
(l3.)
44th Street) --Hold a Public Hearing to consider
request of M & M Auto Sales for zoning change
from R-2 to C-4 on Lot 2C, Block 5, Syfrett
ORDINANCE #9295
AN ORDINANCE AMENDING ZONING ORDINANCE NO, 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE NO. 2632; 8 ZONING CHANGE FROM R-2 TO C-4 ZONING ON LOT 2C,
BLOCK 5, SYFRETT SUBDIVISION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS;
PROVIDING A PENALTY` PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Harold Massey, owner of M & M 8UtV Sales,
presented request to rezone to C-4 a lot zoned R-
2 (located directly west of his existing C-4 used
car lot). A small house that is deteriorated
will be removed, and a new cinder block security
fence will create an area for storage of
additional Vehicles with View from the public
right-of-way. An area adjacent to 44th Street
will remain outside the fence for off-street
employee parking. The proponent has submitted a
simple Site Plan with the request.
No one appeared in opposition to this request'
Mayor McMinn closed the public hearing at 10:31
UUly 41, lvo7
Page 599
Assistant City Manager Jim Bertram gave the
adjacent land uses as follows:
North - Single family and commercial
South - Commercial
East - Commercial
West - A duplex
Owner of the duplex located west of this lot
attended the P&Z hearing and had no objections to
the proposal.
According to Staff memo, the area along Avenue Q
is commercial on the 1986 Comprehensive Land Use
Plan. By fencing the property into the existing
lot, any increased effect of expanding the
commercial zoning should be minimal.
The single neighborhood objection on file prior
to the hearing noted an on -street parking problem
caused by the used car lots, and this request is
specifically aimed at increasing off-street
parking spaces. The area across the alley to the
south is zoned C-4 and this re -zoning would
create a straight boundary on that block.
The Planning and Zoning Commission and City Staff
recommended approval.
Motion was made by Councilman Patterson, seconded
by Councilman Maloy to pass on first reading
Ordinance #9295 as recommended by P&Z and Staff.
Motion carried: 7 Yeas; 0 Nays.
89-48B-599-463
(15.) ORDINANCE #9296--Zone Case #2634 (located 5124
oycn -)ti.reet., near, anu D1G0 oyILII 3LreeL, Kear)--
Hold a Public Hearing to consider request of John
D. Abney for zoning change from C-4 to C-4
Specific Use (for a 250' radio tower) on a
portion of Tract 0, Fiesta Autoland Addition.
ORDINANCE #9296
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE NO. 2634; A ZONING CHANGE FROM C-4 TO C-4 SPECIFIC USE
PERMIT FOR A 250' RADIO TOWER ON A PORTION OF TRACT Q, FIESTA
AUTOLAND ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
John Abney and John Ward appeared on behalf of
Cellular One to present this request for zone
change.
No one appeared in opposition to this request.
Mayor McMinn closed the public hearing at 10:34
a.m.
Assistant City Manager Jim Bertram stated that
adjacent uses are commercial in all directions.
The area is commercial on the 1986 Comprehensive
Land Use Plan. No opposition was expressed by
adjacent owners at the Planning and Zoning
Commission hearing.
uu/y 4/, 1"r
Page 600
The Planning and Zoning Commission and City Staff
recommended approval'
Radio and television aerials, because of height,
are placed in the Specific Use Section of the
Code which provides a public hearing on a case -
by -case basis. The aerial request by Cellular
One is approximately 250' tall with no guy wires'
Engineering and construction requirements are
controlled by the FCC. The proponent assured the
P&Z Commission that the wind rating and other
engineering specifications are more than adequate
for Lubbock. As a comparison, the tower used for
City communications at the 79th Street and Slide
Road fire station is similar in height'
Motion was made by Councilman Carpenter, seconded
by Mayor Pro Tem Baker to pass on first reading
Ordinance #9296 as recommended by P&Z and Staff.
Motion carried: 7 Yeas; O Nays.
89-48B-600-464
(I6') ORDINANCE #9297--Zone Case #2261-B (located south
of Southwest Loop 289 and Chicago Avenue) --Hold a
Public hearing to consider request of Henry L.
Huneke (for H. A. Sessions) for zoning change
from A-1 to GO and C-2A to C-2 on tracts out of
Section 28. Block E-2.
ORDINANCE #9297
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE NO. 226I-8; 8 ZONING CHANGE FROM A-1 TO GO AND C-2K TO C-2
ZONING ON TRACTS OUT OF SECTION 28, BLOCK E-2, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS: PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
Henry Huneke appeared on behalf of H. A. Sessions
to present this request for zone change- The
proponent wishes to upgrade the existing C-2A to
C-2 and the existing A -I to GO.
No one appeared in opposition to this request'
Mayor McMinn closed the public hearing at 10:38
Assistant City Manager Jim Bertram gave the
adjacent land uses as follows:
North - Loup 288 and South Plains Mall
South - Apartments and vacant R-2
East - Apartments
West - Vacant R-2
According to Staff, the request is compatible
with the 1986 Comprehensive Land Use Plan, and
with the condition recommended by the P&Z
Commission, it is also compatible with zoning
policies- The tract at Loop 289 and the west
side of Chicago is in contract for a furniture
store, which requires C-2' Mr' Huneke stated the
propoDeDt/s desire to adjust all the z0DiUA
within one request.
uu/y C/, lvow
Page GOI
The vacant K-2 to the south and west is owned by
Mr' Sessions" and the apartment tract to the
south and east is fully developed.
The Planning and Zoning Commission and City Staff
recommended approval.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilwoman Tr 'o to pass on first reading
\`1 Ordinance #9297 as recommended 6« P&Z and Staff'
|� -^
^—~ Motion carried: 7 Yeas; U Nays.
(I7') ORDINANCE #9298--Zone Case #922-B (located
southeast corner of 50th Street and Avenue Q)--
Hold a Public Hearing to consider request of
Henry L. Huneke (for H. A. Sessions and Double H
Corporation) for zoning change from R-1 Specific
Use to C-4 on Lots 1 and 2, Huneke Addition.
ORDINANCE #9298
ANORDINANCE AMENDING ZONING ORDINANCE NO. 7O84AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE ',
NO 9�2-B` 8 ZONING CHANGE FROM R-1 SPECIFIC USE TO C-4
ZONING ON --
LOTS I & 2, HUNEKE ADDITION, LUBBOCK, TEXAS: SUBJECT TO
CONDITIONS; PROVIDING A PENALTY-` PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Henry
Hungkg appeared on behalf of H.A. Sessions
and Double H Corporation to present this request
for zone change'
According to Staff memo, for the past several
months, they have discussed with the proponent
what zoning request would be appropriate at this
corner of 50th Street and Avenue Q. The 1962
zoning for R-I Specific Use limited the tract to
"motel and associated uses." Over the years, the
interpretation of "associated uses" has resulted
in some spirited discussions; therefore, Staff
encouraged Mr' HVneke to file a new zone case to
bring the property under jurisdiction of an
identified zone district.
No one appeared in opposition to this request.
Mayor McMinn closed the public hearing at 10:40
Assistant City Manager Jim Bertram gave the
adjacent land use relationships as follows:
North -
Commercial
South -
Commercial
East -
Commercial
West -
Commercial
According to Staff memo, the I986 Comprehensive
[and Use Plan indicates this area is for
commercial use. Since the zone request is C-4,
and the 50th Street and Avenue O location will
maintain a high profile as I-27 is complete, Mr'
Huneke presented a "strike list" of
C-4 permitted uses which includes the following:
uu/y e:/, 1-inf
Page 602
l' Agriculture implement sales
2' Automobile body shops
3. Billboards
4' Canvas goods shop, tents
5' Commercial private clubs and teen clubs
8. Dairy supply deal
7. Electric equipment repairs
8- Feed store
9' Frozen food locker
lO' Used furniture store
lI' Game room, pool hall, billiards
12. Golf driving range
13. Greenhouse and plant nursery
14' Hot tamale plant
15. Lumber yard
16. Mobile home sales
17. Monument sales
18. Motorcycle shop
19. Night clubs, bars
20' Portable building sales
21. Rental store
22- Rental store, heavy equipment and
trailers only
23' Road machinery sales and service
24. Second hand goods, pawnshop
25. Trailer and truck sales, rental
26' Utility trailer and truck rental.
Mr' Hunehe advised that the buildings are going
to require major upgrade in the future, and the
intent is to enhance the permitted uses at the
site through rezoning as the character of the
center changes. He further advised that the
owner has every intent of maintaining a quality
development.
3taff'm concern is that any major remodeling or
new buildings outside the existing uses requires
Site Plan approval by the Planning and Zoning
Commission prior to issuance of a building
permit. With the exclusions removed, the
permitted uses would be subject to the following
conditions recommended by the Planning and Zoning
Commission:
A. That a Site Plan, including
building elevations showing
materials, color and texture
shall be submitted and approved
by the Planning and Zoning
Commission prior to the issuance
of a Building Permit for any new
or redevelopment of the property.
ou/Y r-', L VU=
Page 603
B. Limited to the following
permitted uses:
(1) Any use conditionally or
unconditionally permitted in the
oC-2A», oC-2u or xC-3x districts;
/2\
Ambulance
service;
(3)
Automobile
brake shop;
/4\
Automobile
glass shop;
(5)
Automobile
seat cover and
upholstery
shop;
(6) Automobile transmission shop;
(7) Automobile and recreational
vehicle sales and service (may
include body and paint shop, as
accessory use);
(8) Barber and beauty shop supply
dealer;
/9\ Boat and boat trailer sales and
service;
(10) Builders supply - All materials
must be in a building;
station;
�u�
�ll\
` ' ,
(I2) Cafe supply dealer, fixtures;
(I3) Candy plant;
/I4\ Dance hall (no mixed alcoholic
beverage sales permitted);
(I5) Garage, public, repair - (Outside
storage of customer automobiles
authorized) All work and
separate parts shall be inside a
building;
(16) Garden center;
(17) Gasoline service station -
(Business permitted outside of
building and outside displays of
products permitted within three
feet of the building);
,
/l81 Hotel or m���l'
. ,
/I91 Janitorial or cleaning service;
(20) Job printing and lithographing;
(2I) Laboratory, chemical, general
analysis;
(22) Laundry, commercial;
(23) Linen and towel supply service;
(24) Magazine agency;
UUIY L/, Ivov
Page 604
(25) Muffler shop;
(26) Nonprofit training centers with
retail sales;
(27) Pest control service;
(28) Print shop;
(29) Produce market;
(30) Public kennel (totally within a
building);
(31) Restaurants (Business permitted
outside of building);
(32) Restaurants, with the sale of
alcoholic beverages as an
incidental use, except that no
mixed alcoholic beverage sales
shall be made or delivered to
occupants in motor vehicles.
(33) Secondhand or used car sales lot,
not including wrecking and
repairing, but including minor
tuning;
(34) Sign shops, limited to window
lettering, painted wall signs,
banners and desk signs;
(35) Store fixtures sales (no
manufacturing permitted);
(36) Swimming pool, commercial or
sales (Business permitted outside
building);
(37) Upholstery shop - Furniture;
(38) Veterinary hospital (totally
within a building);
(39) Wholesale house, sales office and
storage - No cotton storage;
Motion was made by Councilwoman Trejo, seconded
by Councilman Phillips to pass on first reading
Ordinance #9298, stipulating Conditions A & B
above, as recommended by P&Z and Staff. Motion
carried: 7 Yeas; 0 Nays.
(14.) ORDINANCE #9299--Zone Case #1172-A (located 202
Avenue S)--Hold a Public Hearing to consider
request of Troy and Nelma Bowers (for Gabriel
Nunez and James Tokar) for zoning change from R-
and C-3 to C-4 on Lot 1 and the north 30' of Lot
2. Block 28. Beck Subdivision.
ORDINANCE #9299
ou/y c/, luov
Page 605
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE NO. , ll�2-A^ A ZONING CHANGE FROM R-I AND C-3 TO C-4 ZONING
ON LOT 1 AND THE NORTH 30/ OF LOT 2, BLOCK 28, BECK SUBDIVISION,
LUBBOCK, , TEXAS' PROVIDING 8 PENALTY', PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
No one appeared to present this request for zone
change; however, Council agreed to hold this
hearing.
Staff memo indicated the City participated with
Mrs. Bowers in filing this request to help
eliminate a miscommunication about the allowed
Uses on the property. The transmission service
facility currently in operation is not an allowed
use in the existing C-3 zone, and the surrounding
area is developed with Many diverse heavy uses.
No one appeared in opposition to this request.
Mayor McMinn closed the public hearing at 10:43
a.m.
Assistant City Manager Jim Bertram gave the
adjacent land use relationships as follows:
North - Commercial
South - Apartments
East - Apartments
West - Duplex or single-family - zoned
R-2
According to Staff, the area along the Clovis
Road is recognized as commercial by the 1986
Comprehensive Land Use Plan' The transition from
C-3 to C-4 does add a number of heavier uses, but
they are not out of context with adjacent
commercial' The tract remains buffered from
adjacent R-1 by R-2, R-3 and A-2, suggesting that
Plan policy for buffering remains in effect at
this location'
The Planning and Zoning Commission and City Staff
recommended approval'
Motion was made by Councilman Patterson, seconded
by Councilwoman Tpe'o to pass on first reading
Ordinance #9299 as recommended by P&Z and Staff.
Motion carried: 7 Yeas; 0 Nays.
(18') ORDINANCE #9300--Zone Case #1658-B (located south
side of Main Street, Avenue X to University
Avenue) --Hold a Public Hearing to continue
request of Planning and Zoning Commission for
zoning change from C-4 to C-2 on Lots 1-12, Bloc
99, Overton Addition.
ORDINANCE #9300
AN ORDINANCE AMENDING ZONING ORDINANCE NO, 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE NO. ' lh58-8' A ZONING CHANGE FROM C-4 TO C-2 ZONING ON LOTS
I-I2, BLOCK 99, OVERTON ADDITION, LUBBOCK, TEXAS; PROVIDING A
PENALTY' PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
UUIY C/, Ivou
Page 606
Councilman Carpenter asked approval of the City
Council to abstain from discussion and voting on
this item due to perceived conflict of interest.
A. B. Watkins, President of North Overton
Neighborhood Association, urged Council support
for P&Z recommendation.
No one appeared in opposition to this request.
Mayor McMinn closed the public hearing at 10:47
a.m.
Assistant City Manager Jim Bertram gave the
adjacent land use relationships as follows:
North -
Apartments
South -
Commercial
East -
Single-family
West -
Texas Tech
According to Staff memo, several owners of
property within the half block strongly objected
to the process of removing leasing options
available under C-4 that do not exist under C-2.
Lots 1 and 2, owned by Mr. Kallas, were in Zone
Case 1649-A on the June 8 City Council agenda.
That zone case, a Specific Use Permit request for
Adult Entertainment, was denied and resulted in
this case being filed on behalf of the Planning
and Zoning Commission.
Staff reviewed the background of zoning in the
area. The area between the alleys south and
north of Broadway was zoned C-4 for a long time
and was zoned C-2 in 1975. The property in this
case along Main, between University and Avenue X,
was rezoned from C-3 to C-4 in two zone cases in
1970. The objective for the C-4 zoning in 1970
was correct zoning for two private clubs, and
presently, three bars and a blood plasma center
exist on this half block.
There is not adequate off-street parking for any
of the businesses in this half block. A request
filed by the Staff in 1984 (from C-4 to C-2) was
continued by the Planning and Zoning Commission
in December, 1983 and denied in January, 1984.
The case was not appealed to the City Council.
The basis of the 1984 Staff request for a zone
change was at the direction of the Overton North
Neighborhood Analysis. The City Council
appointed the Overton North Committee, which made
a direct reference for downzoning the C-4 in
question to C-2. The objective is to phase out
the C-4 tenants along this strip and promote a
less intense use of the property than is allowed
in the C-4 District. A quote from the purpose
section of the C-4 District accents why the land
should not be zoned C-4: "Because of the heavy
commercial nature of the permitted uses,
compatibility with adjacent residential areas
should be carefully considered."
uu/y L', 1Vqr
Page 607
The half -block is commercial on the 1985
Comprehensive Land Use Plan. Another item
relevant from the current plan, which was not in
effect in I870, is #3 under Commercial and
Industrial: "Commercial land uses which servo a
city-wide Or regional market (C-4) shall be
located on regional thoroughfares or
expressways."
C-4 is not compatible with the area. Several of
the opponents have contended that the effort to
clean up Overton is being started on this block
and will deny rental opportunities without
furthering the cause.
Itwas 8taff/o opinion that this zone case is a
positive move in the Citv/s intervention in the
deterioration of Overton' From the Police
Department to Codes Enforcement, with the
assistance of two active neighborhood
associations and the new Lubbock Center Corp" a
large amount of resources have been committed to
the area. Additionally, the recently adopted
RTKL Downtown Study, which looked at Overton as
an important side issue to the health of
downtown, also supports the lessening of zone
districts as a means to reduce deterioration.
The PR Commission was reminded that the existing
businesses are to remain as legal non -conforming
if the zoning is changed, and to become illegal,
the use must lapse for one year or be destroyed
by 75% or more.
Staff received 20% written opposition to the zone
case: therefore, a 6/7 vote of the Council was
required to uphold the Planning and Zoning
Commission. Staff recommended Council approval.
Mayor Pro Tgm Baker stated that Mike Klein had
written a letter advising that Lots II and 12,
Block 99 should not have been included in the
zone case, and requesting that Council exclude
them at this hearing' She read a portion of the
latter from Mr' Klein as follows: "Previously in
January, 1984 when the request for the zoning
change had been made, I was informed that Lots II
and 12, Block 99 (lIOI and 1I09 University
Avenue) were incorrectly included with the Main
Street properties' On Monday, May 22, I989, I
was again informed that my property was not an
issue with the C-4 Co C-2 zoning change;
therefore would you please make this correction?"
Assistant City Manager Jim Bertram said he
concurred that changing zoning on these lots is
not as big an issue as on other property in this
Case, because it is adjacent to University Avenue
which is a major thoroughfare. Mr' Bertram then
pointed out that this is the only C-4 zoning in
that stretch, so it therefore is a logical part
of this case.
Mayor McMinn asked if P&Z included these lots in
their ruling and recommendation, and Mr. Bertram
replied that they did'
Mayor Pro Tem Baker then asked if it was possible
to leave Lots II and 12 as C-4 with the
restrictions included, and down Zone the
remaining property to C-2. Mr. Bertram said that
uu/Y c', IVOV
Page 608
once there is an active case, Council has
authority to make that concession.
Mayor McMinn pointed out that that would be the
only C-4 along University, and Mr' Bertram
concurred saying that the other properties are
zoned C-2 or C-3'
Mayor McMinn restated Mayor Pro Te0 Baker's
question, and Councilman Patterson asked City
Attorney John Rosa to comment.
Mr' Rosa said that the Came is referred to
Council by the P&Z Commission after following
procedure set by State Law' Mr' Bertram said
that the ruling in the past has been that once a
case has been filed, the existing ZVDiDg may be
made more restrictive, but not leas restrictive,
and mince in this case, the property is open C-4,
Council would be making it more restrictive by
limiting the C-4 uses on those tracts. He
commented further that it is within Council'n
authority to honor Mr. Klein's request, if it is
desired to du so.
MayorMcMinn addressed Mika Klein, who was in the
audience, advising him of the options before
Council, and asked whether or not he had been
advised that these two lots were included in the
case. Mr' Klein replied that he had been
notified.
Mayor Pro Tmm Baker made a motion, seconded by
Councilman Maluy to uphold the recommendation of
the Planning and Zoning Commission, deleting Lots
11 and 12, Block 99 from the zone case and
leaving them C-4 with restrictions agreed to by
Mike Klein.
Councilman Phillips asked if the other owners had
expressed the concern voiced by Mr. Klein. Mr.
Bertramreplied that at least 20% had expressed
those concerns. Councilman Phillips then stated
his concern that Council action to delete these
two lots would be inconsistent, and said he was
also concerned that down -zoning all the property
might be unfair to the owners- He went on to say
that he was of the opinion that the property
needs to be down -zoned, but that it is unfair to
take this action over their objections. He went
on to say that Council Deeds to be consistent and
zone all of it C-2 or leave it all C-4.
Councilman Me\oy stated his agreement with
Councilman Phillips, but pointed out that the
vote Of Council must be unanimous or the zoning
will remain C-4. He went on to say that if a
compromise cannot be reached to leave the
property at C-4 with restricted uses, then he
favors down -zoning to C-2 on all the property,
because keeping the zoning at C-4 is not in the
bast interest of the neighborhood. Councilman
Phillips concurred.
Mayor McMinn asked if the restrictions agreed to
by Mr. Klein are basically C-2 uses and Mr.
Bertram replied that the effect Of Mr' Klein's
agreement to restricted C-4 uses would mean that
all C-2, C-3, and the restricted C-4 uses would
be allowed.
ou/y ::/, 1r0�1
Page 609
Mayor Pro Tem Baker suggested refining the
strike -list to more closely tie it to C-2 uses'
Mr' Bertram said that if Council wishes to do
this between first and second reading, it may
take considerable time. After brief discussion,
Council decided not to create its own strike -
list.
Mayor McMinn pointed out that the intent of the
|-1 zone case is to clean up the area. Councilman
Maloy pointed out that if Council is not in
accord in its action on this motion, then the C-4
zoning remains' City Attorney John Ross stated
that as long as the matter is before the Council,
another motion can be made.
Mayor McMinn advised that in light of comments by
Councilman Phillips, 6 affirmative votes on the
motion were unlikely, and then Mayor Pro Tem
Baker withdrew her previous motion and moved that
Council uphold the Planning and Zoning Commission
recommendation.
Mayor McMinn asked Councilman Maloy if he wished
to withdraw his second to the original motion and
second the new motion' At this point, Councilman
Phillips indicated that Council may have
misunderstood his earlier comments and that he
was not saying that Council Deeds to change the
zoning to C-2, but rather that Council needs to
be consistent in the action it takes.
Councilman Maloy then commented that he could not
support the Planning and Zoning Commission
recommendation as it is written" and that his
opinion was that Council should leave the zoning
C-4 with extreme restrictions to the degree of
accomplishing what Council intends, and said
further that he has a problem with down -zoning
property because in his opinion this is unfair to
the property owners.
Mayor Pro Tem Baker commented that down -zoning
may not be fair to the property owners, but it is
also not fair to property owners in the area to
leave the zoning C-4, and that in her opinion the
original C-4 zoning was to accommodate bars in
the area, but now the opinion is that bars are
not the highest and best uses, as far as the
neighborhood is concerned. She went on to say
that even though changing the zoning to C-2 is
termed to be down -zoning, in her opinion it would
actually be up -zoning since the C-2 uses are more
compatible with the neighborhood than the C-4
uses' Councilwoman Tre'o concurred'
Councilman Maloy pointed out that Council has
three options: (I) Uphold P&Z and change all the
zoning to C-2; (2) zone it C-4 restricted; or (3)
!- leave it as it is. He then asked if any of the
Council favored leaving it C-4 restricted, and
stated that if no one favored that, he would
second Mayor Pro Tem Baker's motion because the
zoning has to change' Councilman Phillips said
he would not have a problem with leaving it C-4
with restrictions, but has a problem choosing the
restrictions to be placed on it. Councilman
Maloy suggested that restrictions could be
addressed between first and second readings of
the ordinance'
Duly ci, lvov
Page 610
Councilwoman Trejo said that in light of the
deterioration of the neighborhood, it is time for
Council to take action to clean it up.
Mayor McMinn said that it seemed to him, from
listening to the discussion, that the only
affirmative vote on this matter will be on a
motion to uphold P&Z. Mayor Pro Tem Baker said
that leaving the property C-4 is not what Council
wants to do, and the remaining alternatives are
either to uphold P&Z or draw Lots 11 and 12 off
of the case. She pointed out that Mr. Klein had
offered a list of restrictions to which he could
agree, and that his situation is a little
different because his property is on the corner.
She then asked if Council upholds P&Z, could
Council come back in two weeks and drop Mr.
Klein's property.
At this point, Mr. Bertram said that back-up
information contains the strike -list from Mr.
Klein and City Manager Larry Cunningham said that
other property owners had provided information
regarding strike -list items, and Councilman Maloy
affirmed that such information from John Kallas
was in the back-up.
Mayor McMinn restated the motion by Mayor Pro Tem
Baker to uphold the Planning & Zoning Commission
recommendation, and Councilman Maloy seconded the
motion.
Motion to uphold the Planning and Zoning
Commission recommendation and to pass on first
reading Ordinance #9300 carried: 6 Yeas; 0 Nays;
1 Abstention --Councilman Carpenter abstained due
to perceived conflict of interest.
(19.) Hold a Public Hearing on the proposed 1989-90
Budget.
89-48B-610- 468
(20.) Consider Ordinance #9301 adopting the proposed
1989-90 Budget.
ORDINANCE #9301
AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR FISCAL YEAR
1989-90; APPROVING REVISED BUDGET FIGURES FOR FISCAL YEAR 1988-89;
PROVIDING FOR NECESSARY TRANSFERS OF FUNDS BETWEEN ACCOUNTS AND
DEPARTMENTS, IF REQUIRED; PROVIDING INCREASED REVENUES AS REFLECTED
IN SAID BUDGET BY REVISING MINIMUM WATER RATES AS CONTAINED IN
SECTIONS 28-52 AND 28-53 OF THE CODE OF ORDINANCES OF THE CITY OF
LUBBOCK; PROVIDING INCREASED REVENUES AS REFLECTED IN SAID BUDGET BY
REVISING SECTION 23-66(A)(1) AND (2) OF THE CODE OF ORDINANCES OF THE
CITY OF LUBBOCK INCREASING CERTAIN RATES FOR GARBAGE AND TRASH
COLLECTION AS SET FORTH IN SAID SECTION; PROVIDING INCREASED REVENUES
AS REFLECTED IN SAID BUDGET BY REVISING DUMPING RATES AT THE CITY
SANITARY LANDFILL BY REVISING SECTION 23-21(b) OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK; AND APPROPRIATING FUNDS FOR THE
1989-90 FISCAL YEAR BUDGET OF THE CITY OF LUBBOCK; AND PROVIDING A
SAVINGS CLAUSE.
Mayor McMinn opened the Public Hearing at 11:00
a.m. and set out procedures to be followed during
the hearing and then called for City Manager
Larry Cunningham's to give an overview of the
Proposed Budget.
uu/y 4/, lzuv
Page 611
Mr' Cunningham stated that the
have been reviewed by the City
filed with the City Secretary
In addition, the Legal Notices
the Public Hearing was placed
Avalanche Journal.
proposedbudgets
Council and were
as required by law.
Publication for
in the Lubbock
The second reading and final adoption of the
Budget Ordinance is scheduled for August IO, and
second reading and final adoption of the Tax
|�
�-~ Ordinance will be on September 14'
According to Mr- Cunningham, the Budget Ordinance
as submitted incorporates rate increases for
water base and flow rates on October l, 1889 and
October I, 1890; and rate increases in sanitation
collection charges and dumping fees on October I,
1989 and January 1, 1990.
The Proposed Budget for I989-90 also includes the
Voluntary Agreement by both Southwestern Public
Service and Lubbock Power & Light to remit 3% of
gross receipts in franchise fee payments.
Mr' Cunningham said that Staff was recently
informed that the Appraisal District Board of
Review had removed another $54,092,289 in value
from the projected taxable value in the City of
Lubbock since the time the City Council reviewed
the budgets in June. Staff had already excluded
some of the projected increased value from the
estimates provided to City Council budgets were
reviewed in Jung; however, this additional amount
was deducted from protests on multi -family and
medical areas and Staff is awaiting an analysis
of this from the District. This means that the
General Fund revenue will be reduced somewhat and
will also affect the Undesignated Fund balance
for the General Fund'
In further discussions with the Appraisal
District, it was Staff/o opinion that it would be
realistic for the Council to consider 97-3/4
percent collection rate and, by using this
percent of collection rate and also reducing the
interest and sinking fund balance to zero, the
General Fund revenue would need to be reduced for
tax collections by «45,470' This will provide a
remaining balance in the General Fund of
$257,822. It was also Staff/s opinion that this
remaining balance, along with the Contingency
Reserve, should still be adequate to cover
unanticipated expenses during the year or any
other revenue reductions that might occur. Staff
did not recommend further reduction to the ending
balance.
By Staff memo, Council was apprised of the
following information regarding special interest
groups requests:
(l) Dr- Rafael Garcia of the C.A.R,E. Center and
representative of the Lubbock Junior League
had indicated additional funding needs at the
C'A'R'E' Center. The City Council approved
D29,600 during the Council Budget Work
Session, to include medical examination and
Police Department consultation, expert
testimony, and on the job training for three
Lubbock Police Officers' The C'A-R-E' Center
uu1Y 4/, 1z0z
Page 612
has submitted the following list of
additional services provided by the Center
that will result in request for additional
funding for the Center: Forensic Evaluation,
both out -patient and in the hospital,
Victim/Family Counseling and Preventive
Education, Multidisciplinary Case Review
Team, Telephone Consultation, face-to-face
disCU3SiVDS with the Police Department,
Medical Testimony, Lectures/Presentations,
and Community Action'
These additional services discussed with Dr'
Garcia to determine the costs, which amount
to an additional t7,200. Trent Petty,
Assistant to the City Manager and Tom
Nichols, Chief of Police, basically concur
with all but $2,000 of the additional $7,200
in funds. Staff recommended the $29,600, but
would have no major concern if the contract
amount with C.8.R.E. were increased by an
additional $5,200--from $29,600 to $34,800'
Determining the amount of money that was
appropriate for the City of Lubbock to pay
the C.A.K'E. Center was based on the services
the C'A'R'E- Center provided directly to the
Lubbock Police Department. These services
included an estimated 50 cases submitted by
the Police Department which included medical
examination of the child as well as
consultation with the Police Department. It
is estimated each case will cost
approximately $400.
In addition, the C.A,R.E' Center agreed to
provide expert testimony, when necessary, to
support Lubbock Police Department arrests.
AM estimated 20 cases will require expert
testimony at $450 each, totalling $9,000-
Further° the C'A.R'E. Center agreed to
provide the Lubbock Police Department with
on-the-job training regarding Child abuse
cases. Staff agrees to a $600-figure for
this training based on the equivalent time a
structured 12-hour course in child abuse
investigation would cost the Lubbock Police
Department.
The C.A.K'E. Center originally requested
funding in the amount of approximately
$80,000 from the City of Lubbock to fund
C.8.R'E' Center activities. It was City
Staff/s opinion that funding could only be
justified for services provided directly to
the Lubbock Police Department' These
services would not include victim/family
counseling, research or medical costs which
extend beyond the initial examination
necessary to determine probable cause for the
Police Department'
In summary, the figures Council approved for
C.A,R.E. Center funding are based on
estimated police numbers of C.A.R.E' Center
referrals. Funding over and above the
original Council approved figure would Deed
to either be justified in terms of additional
cases or additional services that would
uu/y 4/° 1"z
Page 613
directly benefit the Lubbock Police
Department.
(2) People for Animal Welfare (PAWS) indicated
they had a petition signed by 1,000 people
who desire increased animal control services.
Staffmet with PAWS Friday morning, July 21,
I988 to determine the specific issues.
Staff advised that the Health Board is
forming a group to review the Animal Control
Ordinance and some changes may have a
budgetary impact. Recommendations of the
Review Committee will be forwarded to the
Board of Health and subsequently to the City
Council' Staff recommended that any requests
submitted by PAWS be referred bark to the
Health Department for evaluation.
(3) The West Texas AIDS Foundation (WE3TAF),
which provides counseling and support
services for HIV positive and AIDS victims
and their families, presented a budget
proposal to the Steering Committee of the
AIDS Planning Group which is an entity
separate from the City. WE3TAF is interested
in establishing a funded centralized office
for HIV positive and AIDS victims to obtain
services. The State of Texas has
appropriated funds through the Texas
Department of Health for AIDS -related health
services. An ad hoc group from the Steering
Committee was to convene with the State
Department of Health to review available
funding, and WESTAF was to be included in
that discussion.
Additionally, WEDTAF indicated a need that
Staff conduct AIDS testing and counseling'
The City of Lubbock Health Department
conducted 1,328 AIDS/HIV tests in FY 1987-88
and for each case, pre- and post -counseling
was also conducted. However, the Health
Department dogs not provide ongoing
counseling to victims and their families'
WESTAF indicated they have a need for
funding, but according to Staff comments,
those requests should be referred to the
Board of Health to be reviewed with the other
priorities identified by the Board.
(4) On April 13, 1989, the Board of Health
presented the Five -Year Health Plan for
personal health services, which identifies
four major issues addressed as follows:
I. Ensure that program objectives
are met within the community.
a- Provide adequate dental care
to the indigent population -
- includes increased edu-
cation and Child :are
facilities, increased
advertising and promotion of
oral hygiene, and expands
the number of children,
adults, and elderly patients
uu/Y L/, 1VOV
Page 614
in the dental clinic to
reduce the waiting list.
b. Reduce the rate of teen
pregnancy -- includes
increased educational
efforts to teens through
community outreach programs
and school educational pro-
grams.
C. Reduce the rate of sexually
transmitted diseases --
includes monitoring the
number of diseases,
increased educational out-
reach program, increased
tracing of sexual partners,
and provides follow-up
interviewing with treated
patients.
d. Evaluate and implement
applicable recommendations
of the Lubbock AIDS Health
Care Plan -- Includes
support of the recommen-
dations of the AIDS Planning
Group; however, the Board of
Health felt that resources
for AIDS cannot be taken
away from funding of
existing programs.
2' Develop Community Nursing
Outreach Services to needy
patients and expand the Community
Outreach Program which includes
home Visits related to
communicable disease inves-
tigation, maternity patients,
pediatric patient visits, and
family planning patient visits.
3. Develop a Community -Wide Public
Health Services Coordinating
Board -- Develop a coordinating
board to examine various public
health services provided,
problems with various agencies
and delivering services, possible
joint ventures, and possible
grant applications by public
health providers.
4. Provide integrated computer
system -- Develop a computerized
medical records system for the
44,000 patient visits per year
and a data base to identify
public health problems, plan
future programs based on
community needs, project unmet
needs, and analyze the health
status of the community.
Ofthe major issues listed above, the Health
Department has been able to address the Community
Outreach Nursing Program through a grant that was
received in April. It provides for three
uuly L/, IVor
Page 615
positions whose primary objective is to provide
community outreach service, home visits for
maternity and child care, family planning to
increase the number of women receiving prenatal
care in the first trimester, and to reduce the
number of unwanted pregnancies'
In addition, the Health Department received
funding from the State for an HIV Counselor whose
|'l primary purpose is testing` counseling, and
~-- surveillance for AIDS prevention and investiga-
tion. The State -paid position helps meet the
needs in the STD Clinic by not diluting STD
resources to provide additional AIDS resources'
In reference to the proposal from the West Texas
AIDS Foundation for a separately funded AIDS
agency, the Board of Health has not seen this
specific proposal and the Board has expressed
concerns that there needs to be a consolidated
approach for providing public health services.
The proposal from the West Texas AIDS Foundation
appears to create a separate staffing, a Director
and Administrative Assistant who would be hired
by the board of the West Texas AIDS Foundation
and would be a separate autonomous group from the
City of Lubbock. Some of the services provided
such as testing, counseling and education would
be an expansion of current programs provided by
the Health Department; however, some of the
programs such as the social services,
psychological and special counseling to patients
and family members, and the 3hanti Buddy System
on services not provided by the Health
Department.
Mr' Cunningham then gave the following budget
analysis of General Fund for FY 1989-90 Revenues:
Total revenues for Fiscal Year 1988-90 are
estimated to be 10'3% higher than approved FY
1988-88 budgeted revenues. Major sources of
these increased revenues include the following:
higher tax revenues, particularly City Sales Tan
and Franchise Tax Revenues; Intergovernmental
Revenue, due for the most part to a change in
accounting for revenue for the Senior Nutrition
Program from the South Plains Association of
Government; Health Department revenues due to the
Health Department becoming a Medicaid care
provider; fines and Forfeiture revenue, due to
higher Municipal Court fine revenue caused by
additional patrol strength and new procedures
implemented by the Municipal Court Judge; and
improved earnings on investments.
Sales tax revenue through Max, 1988 is 10'7%
higher than the same period last year, and total
sales tax revenue for I989-90 is projected to be
approximately 6% higher than the revised total
for the current fiscal year.
The strong influence of two consecutive years of
billion dollar Cotton crops continues to
influence sales and purchases throughout the
Lubbock community' The revenue of this activity
is expected to continua at a slightly slower pace
during 1988-90'
Uu/Y c/, IVoV
Page 616
Property values are estimated to be approximately
$IO2,081,711 higher for the I989 tau year
compared to 1988, due to valuation of new con-
struction and higher valuation placed on some
commercial properties that had not been re-
assessed in several years. The General Fund
portion of property tax revenues is projected to
be $14,820,778" a 5'5% increase over 1988-89
budgeted revenue.
Electric Utility Franchise tax revenues for 1989-
90 are estimated to increase by approximately
$800,000 over 1988-89 due to Southwestern Public
Service and LP&L agreeing to a 3% Franchise fee,
compared to the current 2% Franchise fee on gross
receipts. This agreement by the two major
franchise tax contributors will go far in
assisting the City to address major improvements
during the next fiscal year.
Licenses and permits are estimated to decrease by
approximately 7%, due primarily to the continued
slow rate of construction and growth within the
City limits'
Building permits, electrical permits, and
plumbing permits are estimated to decrease by I0-
25%, compared to budgeted yeVeMUem for 1988-88,
while alcoholic beverage and miscellaneous
revenues will increase slightly in 1989-90.
Intergovernmental revenue will increase to $I'I
million due to a slightly higher contribution to
Teen Court and a change in the City/a accounting
procedures for a Federal Grant' The federally -
funded Senior Nutrition Program provided by the
City through a Contract with the South Plains
Association of Governments will be shown as an
Intergovernmental Revenue to the General Fund,
while in previous years it had been shown in a
separate grant fund' The associated expenditure
for Senior Nutrition is found in General Fund
expenditures for the Parks Department.
Chargesfor Services for 1889-80 show a alight
increase over currant budgeted revenues due to a
higher VO]W0g of citations and court fees in the
Municipal Court and revised procedures which have
been implemented'
Health revenues will increase significantly in
clinical and laboratory testing categories, due
to the Lubbock Health Department becoming a Med-
icaid provider' Some additional expenditures for
the Health Department are offset by the increased
revenues associated with this new status'
Culture and Recreation fees are increasing
slightly due to an increased interest in party
houses and a higher number of reservations, and
increased revenues from fees, memberships and
instructions at the Tennis Center'
Fines and Forfeitures revenues for 1989-90 are
estimated to be $2°832,000 due to the increased
'the number of citations issued by Police and the
number of individuals paying fines at the
Municipal Court'
uu/y 6/, IVoV
Page 817
Interest earnings are projected to be somewhat
higher for 1989-80 based on the Citv/s experience
this year in securing better interest rates on
our General Fund investments.
At this point, Mr. Cunningham recapped
expenditures for the coming year.
Total I989-90 General Fund expenditures are
budgeted at $57,543,740, and that amount includes
�-~
$1' 362" 263 which is attributable to mandates
imposed by other levels of government, to various
changes in accounting procedures, or to the
effect of a full year of funding for programs
approved by the City Council in the I988-89
Budget. A summary of those costs is as follows:
Increases for Mandates/Accounting Purposes:
HUD - Codes Administration $ lUO"OOO
HUD - Legal Reimbursement Reduction 30,000
Workers Compensation Charges I80°000
Parks -Senior Nutrition Programs 321,717
Reduction in Police Grants I03,546
TCLEO3E In -Service Training
Requirements 1I5,000
Health Department Medicaid Services 50°000
Increases for Expanded Programs from I988-89:
Full Year Staffing -Police I50,000
Full Year Staffing -Fire 302,000
Total $1,362,263
Recent changes in HUD regulations have required
transfer of demolition and code enforcement
expenditures from the Community Development Fund
to the General Fund, causing an increase of
$100,000 in the Codes Administration budget. In
addition, Staff is no longer able to secure CO
reimbursement for various legal services, which
has caused an increase of $30,000, While the
Texas Legislature continues to work on the
workers compensation problem, expenditures for
workers compensation continues to increase.
Staff projected that next year the General Fund
will show an increase of $190,000. Two programs
-- Parks Senior Nutrition programs and Health
Department's Medicaid services -- show increases
in the General Fund budget, but these expenses
are offset by matching revenues.
Grantfunding for several Police programs
continues to decline as originally anticipated,
and in order to pick Up support for these
programs, the General Fund will increase by
approximately «103°000. Also, recent changes by
TCLEO3E have required additional hours of in-
service training for Police personnel at a coat
of approximately $II5,000'
Substantial numbers of personnel have been added
in the 1988-89 budget for both Police and Fire
operations, and due to the fact that a number of
these personnel were brought on ling late in this
Fiscal Year, there will be an impact of a full -
year's funding for those services in next year's
budget.
uu\y e�/, I�Iul
Page 618
Excluding increases for mandated services,
accounting Changes, or expanded programs, General
Fund operations represent an increase of 5.45%
over the I988-89 budget. General trends are as
follows:
In the General Government area,
expenditures have increased by
approximately 10%, due to the transfer
of funding for 1/2 an Attorney from
Community Development to the General
Fund, and an increase in election
expenditures projected for the City
Secretary's Office.
Management Services expenditures have
increased approximately 4'95% due to a
transfer of one position from Finance to
Budget and Research, an increase in the
General Fund share of Community Services
expenditures, and an increase in the
Communications Center budget due to a
full year of the 911 System.
Financial Services expenditures
increased 1'44% dug primarily to a
slight increase in charges for data
processing services.
Development Services increased 6'84% due
primarily to the transfer of demolition
expenditures from Community Development
to the General Fund in the Codes
Administration Department'
Public Safety and Services expenditures
increased 9'2I% due primarily to full -
year staffing of approved positions for
I989-90 in the Fire Department and to
previously mentioned accounting changes.
Fire Department expenditures have
increased 8-8I% primarily due to full -
year staffing for the Fire Station at
Milwaukee and 25th Street, enhanced
equipment maintenance, and firefighter
training in hazardous materials and
other specialized procedures.
Police Department expenditures for 1889-
90 increased 9'98% due primarily to
full -year staffing for positions added
in I988-89, and reduction in grant funds
which had been received in prior years
to offset Police Department
expenditures.
Staff recommended the following proposed
enhancements for FY I988-80 in the General Fund:
Recent trends in environmental law will
dramatically impact the manner in which Staff
delivers many services to citizens- Specific
examples, described in more detail in the
Enterprise Fundy Budget Message, include EPA
mandated changes in landfill regulations and
continued Updates to the Safe Drinking Water Act'
Another area of concern is infrastructure/
capital needs. The City has a substantial
investment in its streets, in its buildings, and
uu/Y 6/° 1VoV
Page 619
in its parks facilities. While the following
information will indicate that 8taff's intent to
improve the Citv/a status in this regard, it is
believed that substantially more needs to be
accomplished.
The City Council has indicated that it places a
top priority on a variety of areas including
various recreational services, training, and
|� public relations efforts -
Following are explanations of budget proposals
designed to meet these needs.
Recreational Outreach Pruoram
Next year's budget proposes to expand the concept
of outreach services to neighborhoods that are
remote from established recreational and cultural
programs. Last year, the Council authorized
Community Development Funds for a Recreational
Outreach Program to serve residents in the area
of Butler Park' It proved quite popular, and
this year it was expanded to take recreational
services to residents of the Yelluwhouae Canyon
and Jackson Elementary School neighborhoods. The
Parks Department proposes to give even more
emphasis to such programs.
Inaddition to the established Outreach Programs,
the department has received requests from the
Lubbock United Neighborhood Association to
provide summer programs in Various areas'
The Proposed Budget includes funds to establish a
Recreation Outreach Program which will evaluate
the need for enhanced recreational programs and
services in various segments of the population.
The Program will identify funding sources from
the public and the private sector to establish or
expand recreational programs.
The coot for the Recreation Outreach Program is
t24,166; however, Staff believes grants,
sponsorships and program revenue might bring in
$31,000 next year.
"ProjectLibrary - Partners"
A cooperative program between the Library and the
Parks Departments will allow an outreach program
to provide Library services to populations having
limited access to a public library'
The new program, called "Project Partners", will
establish limited book collections at Mae Simmons
and Rodgers Community Centers and would be easy
to service similar collections at the adjacent
Senior Citizens Centers at both locations. A
collection will also be placed at Maxey Community
Center, which serves an area somewhat removed
from the Mahon and Godeke Library facilities.
The book collections at the three community
centers would cater to children and young adults
to include cultural heritage; and weekly
children/s programs would be provided to all
three community Centero. In addition, monthly
programs would be offered at the two Senior
uu/Y L', /VOV
Page 620
Citizens Centers and at four Retirement Centers
in Lubbock.
The salary and benefits for two librarians, plus
related supplies and equipment is budgeted at
$54,700.
Extended Service Hours at Libraries
Library focus groups conducted earlier this year
by the Long -Range Planning Committee of the
Library Board identified "Open More Hours" in
their priority listing of ways to improve library
service. Extended hours Of operation (t0 begin
September 1, I889) will expand to 70 hours weekly
at both the Mahon Library (currently open 66
hours per week) and Godeka Library [currently
open 60 hours per week). The cost for full -year
programming is budgeted at $35,964 for Mahon/a
extended hours and $30,227 for Godgke/a extended
hours.
Police - C.A.R.E. Center
For some time, the Police Department has utilized
services provided by the Texas Tech Health
Sciences Center in its attempt to deal with
children victimized by crime. The C'A'R.E.
program provides both physical and psychological
care for those children, and at the same time
assists the Police Department in the development
of information necessary for the successful
prosecution of those crimes- In the forthcoming
year, Staff proposed to budget $29,600 to provide
for the continuation of this valuable program'
PublicStaff Development and
Employee training, an important element in the
quality of service provided to citizens, is
presently provided through the individual
departments' budgets. The Personnel Department
coordinates Citizen Relations Training for all
new employees and also provides limited training
in other areas such as supervisory training.
Job -related training is conducted by several
departments such as the Police Department, the
Fire Department, the Water and Electric
Utilities'
The complexity of job performance standards and
the diversity of work force requires enhancement
of the Citv's Training Program'
Staff recommended establishing a Staff
Development and Public Relations Program, to be
coordinated by the Personnel Department, which
would include annual training needs assessments,
monthly training sessions designed to meet those
needs, and centralizing the public relations
function of the City. This would result in
increased citizen awareness as well as access to
City services; and enable funding of activities
such as newsletters to citizens, development of a
speakers bureau and periodic citizen surveys.
The Proposed Budget includes $64,474 for the
training supplies, equipment and project funding
needed for this Program'
ou/y 4/, 1roV
Page 622
Personnel - DruA Free Workplace
Recent activities at the Federal level --
including both Federal court decisions and the
requirements for provision of a Drug Free
Workplace -- have provided the impetus for this
initiative in an attempt to safeguard both City
employees and the public' This Program would
provide for pre -employment drug testing for new
hires and would also authorize testing for
"cause",to be handled on a non-discriminatory
basis. Total estimated costs are $19,000 per
yeGr-
Enhanced Park Maintenance
Semeral years ago, maintenance efforts on Class A
and Class B Parks were reduced, as a result of
revenue shortfalls. The revenues projected for
I989-90 would enable the City to begin
reinstating a portion of those maintenance
efforts, including four frozen positions, 200 new
irrigation replacement heady, one acre inch of
water on I,598 acres of parkland, three 1/2-ton
pickups with radios, and related supply and
maintenance costa. Three of the new positions -
Irrigation Technicians - will be assigned to
Mackenzie, Maxey and Clapp Maintenance Districts
to improve maintenance of irrigation systems.
The fourth position, an Equipment Operator I,
will be assigned to the Urban Forestry area to
assist with watering new trees, maintaining color
beds, and other duties' The budgeted coot of
Enhanced Park Maintenance is $202,828'
Personnel - Secretarial/Clerical Pool
This proposal will provide funding for three
part-time temporary secretarial/clerical workers
in the Personnel Department, to be available to
other City departments as needed, rather than
hiring private firms/ temporary service
personnel. The Program will be a cooperative
effort between the City and Estacado High
School's Business Education Department' Budgeted
cont for the Program is $6,030'
Purchasing - Buyer
Increased State and Federal purchasing
regulations and additional workloads created by
the operation of the Sewer Farm and Co -generation
Plant have had a significant impact on the
Purchasing Department and its employees. Three
Buyers have been working approximately 90 hours
overtime each month during the present fiscal
year, and an even greater impact is anticipated
in I988-90- Staff proposed adding one Buyer to
assist the department in meeting these new
requirements to improve productivity and reduce
overtime' Budgeted costa for salary, benefits
and associated supplies for the position are
$30,569.
Police - Radar Equipment
The Traffic Motorcycle Section consists of eight
Officers (on motorcycles) that provide traffic
enforcement VO the Citx/s streets and
thoroughfares. The Proposed Budget includes
ou/y C/, 1Von
Page 622
three additional hand-held moving radars, in
order to fully outfit this Section and enhance
traffic safety. Cost of the equipment is $8,760'
Infrastructure/Capital Needs
The proposed 1989-90 budget includes increases in
a variety of Infrastructure and Capital Funds as
The first is a recommended increase in the
General Permanent Capital Maintenance Fund of
approximately $2I5°000, which would raise total
I989-90 funding to $I,750,000' This is a
substantial increase in that fund, but according
to Staff, it would enable the City to meet only
slightly more than 50% of theoretical needs
identified by the database model for replacement
and renovation.
ID addition, $275,000 Staff recommended the Parks
Equipment/Facilities Maintenance Reserve to
enable upgrading of two parks (playground,
CuUytg° picnic tables, fencing), replacing an
additional two playgrounds, repairing or
replacement of three lighting systems, changing
out I,000 sprinkler heads, replacing lO time -
clocks, and generally to begin a more systematic
upgrading of existing parka facilities.
Staff also recommended an allocation of $838,000
in the Permanent Street Maintenance Fund. Staff
traditionally expended monies from this account
to enhance seal coating efforts, but have been
unable to do anything on an annual basis in the
area of street reconstruction. On the average,
Staff calculated an average reconstruction of
approximately 4% of the Citv/s entire street
system in any given year, and the annual costs
for that program would be approximately
$II,400,000 per year. The proposed budget
includes funding to begin reconstruction of two
intersections on major thoroughfares in the City
or to extend the Seal Coating Program on
collector streets'" and coat is far less than the
need but in future years, funding would be
available for further enhancements along these
lines'
Finally, the proposed budget includes $100,000 in
the General Permanent Capital Projects Fund,
which could serve a variety of purposes,
including "seed" money for such projects as the
Kingsgate Park development.
Debt Service Fund
Staff currently estimates total revenues for this
fund to be $13,670,604, which is 2% higher than
the approved Fiscal Year I988-88 revenue
estimate. Expenditures for the fund are budgeted
at $14,092,123, an increase of 3%. The primary
increase comes in the area of new Water and Sewer
Bonds (up from $155°419 to a proposed $509,194\'
Proceeds from these funds will finance the
acquisition of water rights and wastewater
improvements related to the pending permit'
At this time, My' Cunningham gave a budget
analysis for Enterprise Funds for FY 1989-80
uu/y C/, lzov
Page 623
Water Revenue Fund
Projected I989-90 Water Revenues are estimated at
$19,076,499, based on the first of a two-step
increase in water rates, and the increase is due
to the construction of the Citv'a third major
water source - Lake Alan Henry. This estimate
anticipates a $-55 increase in the water base
rate and a $,15 in the flow rate beginning
October I, 1989- Revenue from General Consumers
Metered is estimated at $I7,784,189, an increase
of I5'85% over revised 1988-88 budget; municipal
sales are projected to increase slightly, by
$4,000; and other revenues are projected to stay
fairly constant.
Totaloperating expenditures are proposed at
$I0,192,I06 (or 7,3% above approved 1988-89
budget). This increase includes additional
funding for laboratory services to provide
personnel and equipment necessary to comply with
additional regulations required by the Safe
Drinking Water Act' In addition, chemical
supplies necessary for safe water treatment are
expected to increase in cost and equipment main-
tenance costs also have increased due to the
focus on equipment maintenance within the Water
Fund. In previous years, much of the equipment
maintenance expenditures have been billed against
the Sower Fund to make necessary Water
Reclamation Plant repairs. Until the Water
Reclamation plant evaluation has been completed,
equipment maintenance efforts will be mainly
focused on water fund -related projects;
therefore, reimbursements from the Sewer Fund
will be down. In addition, $2I5,000 was added to
pay for the additional water from Pampa'
No contribution was made in the Water Fund for
rate stabilization reserve in Fiscal Year 1888-
89' In order to continue building rate sta-
bilization reserves to lessen the impact of rate
increases caused by Lake Alan Henry, $190,726 is
budgeted for I989-90. Water Permanent Capital
Maintenance Fund and Water System Improvements
contributions, which significantly increased by
$618,582 over Fiscal Year I988-89, will fund new
and on -going capital projects such as Water
Treatment plant repairs, and major capital
equipment replacement.
Water Fund ,Other Expenditures" are also
increasing to $973,388 for I989-90, and include a
$745,000 payment to Brazos River Authority for
debt service, operation and maintenance for Lake
Alan Henry, the addition of a Line Location Crew
in the Distribution and Maintenance Section,
installation of a Work Order Management System in
equipment maintenance, miscellaneous water system
maintenance, laser alignment and grade system,
water treatment equipment and the upgrading of a
Foreman position in the Distribution and
Maintenance Section to assist the supervisor in
crew supervision and project tracking.
Sewer Revenue Fund
Sewer Revenue Fund revenues are budgeted at
8,013,600 for 1988-90, an increase of 30'0%,
(and an increase of $1,728,644, or 29.2%, over
uu/y c/, 1Vor
Page 624
approved 1988-89\, based on a full year of the
increase in the sewer rate made in January, 1989.
Land Application revenues will increase 58-3% to
$897,000 due to improved grazing and farming
procedures and interest on investments is
projected to decrease $186,000 from approved
1988-89 budget primarily due to reduction in
available bond funds for investment.
TotalSewer Revenue Fund expenditures are
budgeted at t9,0I3,600, with the operating
expenditures accounting for 47-6% of total
expenditures. Operating expenses in the Sewer
Department are budgeted at $4,288,716, a decrease
of 3.3%, primarily because of reduced costa in
Water Reclamation due to the anticipated
conclusion of the permitting process'
Increased Sewer Fund revenues anticipated in
I989-90 will allow for $475,882 to be added to
Sewer System Improvements, t488,510 to Sewer
Permanent Capital Maintenance, and $217,808 to
Rate Stabilization Reserves. Revenues will also
be used to add a Supervisor at the Water
Reclamation Plant to improve instrument
monitoring and quality control at the Plant.
Current Debt Service for Sewer Operations is
2"310,94I- Proposed new debt service of
$750,000 in added to the "Other Expenditures"
Section as a result of anticipated new Debt
Service related to completion of the State
Revolving Fund application process.
Solid Waste Management Revenue Fund
The proposed 1989-90 Solid Waste Management
Budget includes recommended increases in the
residential rate and the landfill rate. Over a
three-year period, new EPA regulations will
require the City to accumulate a reserve of
approximately $2 million to upgrade operating
capital and prepare for the new lined trenches
that will be required at that time. To generate
those reserves, Staff anticipates a required
raise in rates over the next three years. In
Phase I, it was recommended to increase the
current $6'50 monthly residential rate by $'25 in
October, I488 and an additional $'25 in January,
I990 to increase landfill fees by $I effective
January 1, 1990.
Assuming implementation of the recommended rate
increases, total revenues for I889-80 are
estimated to be $5,541,148, and total
expenditures for Solid Waste Management are
budgeted at «5,541,148. Commercial collections
are expected to decline, due primarily to the
loss of the Lubbock Independent School District
Contract. $206,000 is allocated to complete
permitting of an additional 70 acres at the
landfill, and $164,561 is budgeted to begin the
reserve necessary for compliance with EPA
regulations as noted above.
uu/y 4/, 1Voz
Page 625
Airport Revenue Fund
Airport revenues for I989-90 will be $4,068,963,
an lI'I% increase over approved I988-89 revenues,
and this includes a $208,2I2 beginning balance
from year end 1888-80.
Revenues are projected to increase in the
following areas over the approved 1088-89 budget:
Landing area revenues increased by ` �87,O48, due
to increase in landing fees resulting from
renegotiation of Contracts; terminal area
revenues increased by $256,897 dug to budgeting
for a full year of newly negotiated Lease
Contracts; parking area revenues increased by
$190,946 due to anticipated increase in
enplanements and parking market share; and
miscellaneous revenues increased by $6,800,
Airport Revenue Fund total expenditures are
expected to be $4,088,983 with $3°344,127 or 82%
budgeted for operating expenditures' Operating
expenditures have increased by 7'2% over the
approved 1888-89 budget due to inclusion of the
Airport Marketing Contract and repainting of
runway striping. "Other Expenditures", include
debt service and indirect coat allocation, total
$516,824' In order to renew funding to the
Airport Permanent Capital Maintenance Fund,
$208,212 is budgeted for Fiscal Year I988-80;
however, it is possible that projects required by
the FAA, such as Security and Fencing and addi-
tional 24-hour personnel security requirements,
may necessitate devoting some or all of this
money for those requirements.
Golf Revenue Fund
Golf Fund revenues for 1989-90 are projected to
be $925°68I, which is 3-2% below the 1988-89
approved budget' Actual revenues for I988-89
have been lower than anticipated due to a
reduction in the number of players caused by
construction of the course improvements and a
reduction in the number of players choosing to
ride in golf carts. Slight increases are
projected in pro shop and concession sales for
Fiscal Year I989-90' Revised I988-89 and
proposed I989-90 revenues are budgeted as gross
amounts, with expenditures for the operations
budgeted in golf course operations' Green fees
and memberships, which account for 48'8% of the
budget" are projected at $433,032, a decrease of
$6,358 from approved I988-88.
Golf Revenue Fund operating expenditures are
budgeted at $835,197, a decrease of $28,252 from
the 1988-89 approved budget, due primarily to
reductions in maintenance expenditures and
reduced payment on inVeOtury.
Total fund expenditures are budgeted at $925,68I,
a decrease of $29,534 (or 3'1% from approved
I988-89), and include a contribution of $85"602
to Debt Service and $3,900 to Golf Permanent
Capital Maintenance.
Staff memo set out the following proposed
enhancements for FY I989-90 in the Enterprise
uu/y c/, lwo�l
Page 626
Increased revenues for I989-90 would enable
several enhancements to improve the efficiency of
Enterprise Fund operations.
Pipeline Maintenance Senior Foreman
In the Pipeline Maintenance section, Staff
recommended adding a position of Senior Foreman
whose responsibility it will be to provide
increased level of training and supervision
necessary to expand the Large Meter Replacement
Program and to increase maintenance activities
for other departments by 25%. The budget
includes $27,156 for salary and benefits of the
position and associated supplies'
Work Management System
This improvement involves filling a vacant
position of Engineering Technician to computerize
the work management system and help double
preventive maintenance productivity. Cost
associated with this package is $19,427'
Water Treatment Equipment
This project will fund a series of miscellaneous
water equipment needs including ammonia
monitoring equipment to warn employees in the
event of ammonia leaks at the Water Treatment
Plant totalling $5,000; two flammable liquid
storage cabinets for safe storage of liquids and
paints totalling $1,400; a coagulant control
device which will provide continuous monitoring
of coagulant dosage and automatic coagulant feed
based on this monitoring totalling $10,000.
Laser Alignment and Grade System
This will fund the purchase of equipment that
accurately measures pipe alignment thus
increasing production by reducing time necessary
to lay pipe. Total coat is estimated at $7,000.
Water System Maintenance Equipment
This equipment will enhance water system
maintenance, and will include mechanical
equipment totalling $2,886; equipment to allow
proper alignment of motors and pumps totalling
$3,900; and a portable vibration analysis
instrument for diagnostic testing totalling
$18,214. Total project cost is $25,000.
Water Line Location Crew
Finally, the Proposed Budget includes the
addition of a Line Location Craw in the Customer
Service Section of Water Utilities. This two -
member crew (and vehicle) will accurately locate
public water and wastewater mains in areas to be
excavated to prevent damage to City pipelines,
reduce the amount of lost water, and prevent
possible health hazards if undetected sewer lines
were to be damaged' Customer service crews
presently respond to an average of four calls per
day to locate water and sewer mains, and with the
new pipeline crews, existing service workers can
spend more time responding to customer requests,
to check and maintain water meters, and to ensure
ou/y 4/, 1VuV
Page 627
proper billing. The budgeted cost for the crew
is $57,054-
Water Toxicity Program
Another testing device will enhance the Citv/ o
ability to protect the Water Reclamation Plant
from toxic wastes placed in the sewer system.
Thisrapid toxicity testing equipment will be
} 1 used in the Expanded Industrial Waste Monitoring
[-� Program. The equipment coots $18,000, and will
help to discover and document toxic discharges
and provide test results within one hour.
Water Reclamation Plant Supervisor
Currently, the Water Utilities Process Control
Supervisor has direct supervision of the Water
Treatment Plant, as well as the Water Reclamation
Plant. Because of the attention required by the
Water Reclamation Plant and the need for on -site
management and technical expertise, Staff
recommended adding a Water Reclamation Plant
Supervisor in the I988-90 budget. This
Supervisor will oversee all Water Reclamation
Plant operations and will report directly to the
Superintendent of Water Utilities Operations.
This will also enable the Water Utilities Process
Control Supervisor to focus on Water Treatment
Plant issues that are becoming increasingly
important due to requirements of the Safe
Drinking Water Act' The Water Reclamation Plant
Supervisor package is anticipated to cost
$56,150.
According to Staff memo, the unanticipated
revenues reflected in the I988-80 revised budget,
and the optimistic approach to Enterprise Fund
revenues proposed in the 1988-90 Budget, allow
maintenance Of City services at an acceptable
level and protect the Citv/s investment in
capital equipment and facilities, with some
adjustments to Water and Sanitation rates and
other Enterprise Funds budgeted within the
current rate structures.
Thecurrent and proposed rates for services,
combined with other anticipated revenues, will
determine the level and quality of service Staff
can deliver to the citizens of Lubbock. City
employees will continue to find new ways to be
more productive and assure operational goals are
met within the current budget constraints'
Mr' Cunningham gave the following budget analysis
for the Electric Revenue Fund for FY I989-90:
Revenues
The revenue forecast for Fiscal Year 1988-90 of
$51,226,223 indicates an increase of 4'4% over
the original estimate for Fiscal Year I988-89;
general consumer revenue is up $2,828,343 over
approved 1900-89; and interest income shows a
significant decrease over the last year as fewer
bond funds are available for investment.
uu/y 6/, Izon
Page 628
Expenditures
Planned expenditures are anticipated to be
$51,226,223 with an increase of $2,517,929 in
operating expenditures over last year. Purchased
power costs increased $2,457,780 over last year,
partially offset by reducing the amount set aside
for gas reserves from $2 million to «l million,
to accommodate growth in customers serviced by
LP&L' LP&L increased contribution of $723°038 to
the General Fund is partially offset by decreases
in debt service and capital reserves. Worker's
Compensation also increased by $57,588'
Staff memo set out the I889-90 Thoroughfare
Street Lighting Program as follows:
Thoroughfare Lighting:
The second year of a 10-year Program to convert
the Overhead Series Mercury Vapor Street Lighting
System to an Underground Multiple High Pressure
Sodium Street Lighting System is proposed for
Fiscal Year 1988-90. An estimated total of 182
aeries lights will be converted to high pressure
sodium.
The thoroughfares completed in this first year's
portion of the project were:
I. Avenue A - Gth Street to 14th Street
2' SOth Street - Avenue A to Avenue H
3. Parkway Drive - Avenue A to Quirt
Avenue
4- Parkway Drive - Quirt Avenue to NE Loop
289
Thoroughfares involved in the second Year of the
project are:
I' 34th Street - University to Indiana
Avenue
2. 34th Street - Indiana to Quaker Avenue
3' 34th Street - Quaker Avenue to Slide
Road
This project will continue to improve the
appearance of thoroughfares in the City by
improving lighting conditions, removing lights
and poles not in use, and converting to
underground lines.
Thosespeaking at the hearing were as follows:
Karen Hodges favoring funding for the
West Texas Aide Foundation.
Joy Gottschalk favoring funding for
PAWS.
Jean Baker favoring funding for PAWS
educational program and spaying and
neutering program'
uu/Y C', 1roV
Page 629
Julieanne Durham favoring funding for
PAWS.
Nita Mason presented a check for $15,000
from PAWS to the City, along with a
petition signed by about 1,000 persons
who support increasing the number of
animal control staff'
W. L. Matheengy protesting increase in
garbage and sewer rates on behalf of his
mother who is a resident of the City.
Greg Garrison, Chairman of Board of
Health, requesting funding for dental
care for the indigent and needy.
Paul 8arlanga, Chairman of the Transit
Advisory Board, requesting funding of
all expanded level packages which had
been submitted in this budget.
Roger Settler requesting creation of an
advisory commission to study cutting
budget costs,
Dr' Rafael Garcia, Director of C'A'R'E'
Center, requesting $80,000 to continue
the Center's work.
Susie King, Junior League
representative, requesting funding for
C.A.R,E' funding'
Travis Ware, Criminal District Attorney,
spoke requesting the City to designate
t80,000 to the C'A-R'E' Program and
stating that the County will match
whatever amount the City contributes.
Dr' Duke Meyers, Aids Task Force Member,
requesting funding for WEST8F'
Victor Cargile regarding animal welfare
and opposing increases in fees.
DavidHoehno, WESTAF Member, regarding
funding for WESTAF'
Dr- Jose Garces, WE8TAF Member,
regarding funding for WESTAF'
Mayor McMinn closed the Public Hearing at 12:43
p.m, and opened the discussion to Council
regarding changes to the proposed budget which
they might wish to make in light of testimony
given during the hearing. He reminded Council of
their earlier consensus to refer the request from
the WESTAF group to the Health Department and
Staff who are to study the issue and make
recommendation within the next 30 days'
Councilman Patterson commented that he is aware
of the problem of AIDS and that this situation
must be looked at. Regarding the C.8.R.E.
program, Councilman Patterson said that the lives
of the children of this community must be
protacted.
ou|y e/, I-Jotl
Page 630
Mayor McMinn asked what Council/s feeling was
regarding the Health Board request for $I9,325 in
partial funding for emergency dental care for
indigent and needy individuals. Councilman
Carpenter asked for City Staff recommendation
regarding this, and Assistant City Manager Rita
Harmon responded that Staff recommended the
$19,325 in partial funding in this year's budget,
and further consideration during FY I990-91.
Motion was made by Councilman Carpenter, seconded
by Councilman Maloy to fund $19,325 for emergency
dental carp. Motion carried: 7 Yeas; O Nays.
Councilman Maloy pointed out the great need for
the services of the C'A'R.E' program, and stated
that he favors funding the full $80,000 by
whatever funding method and contract are
necessary. He went on to say that he favors
funding this amount even if it is necessary to go
through the budget items to which Council added
money" such as the increased parka maintenance,
and delete the amount if other funds are not
available. He recommended that this funding be
for one year to give the organization a chance to
get on its feet and obtain funding from another
source.
Councilwoman Tru'o concurred and stated further
that the program is vital to the City of Lubbock
and that it has helped the Police Department and
the District AttOrney/s Office, and even though
past rgcordskeepiDg may not have provided the
current desired justification, the need for these
services are still grgat, and this organization
has helped a great deal through the years'
,
Councilman Carpenter stated that even though he
agreed with Councilmembers Maloy and Tr 'o, he
feels that the City has done a good job in
funding its share, and he has a problem with the
City having to provide additional funds. He said
that this is a county -wide and a district
attorney/s office need for the prosecution of the
offenses' The police department has the
responsibility for investigating, taking to trial
and paying for the process to that point, and
Councilman Carpenter stated that when the City
and County contribute the same amount there is
double payment by City taxpayers. The City
taxpayers are paying both City and County taxes,
while those in the County paying only County
taxes. He advised that this Agency should be
funded and that the County should pay the entire
bill. He then stated that he would not be
opposed to the City paying a portion of the bill,
but that these major issues which are County -wide
must be addressed by the County officials and
that County taxes may need to be raised in order
to fund these.
CouncilmanMaloy stated his agreement with
Councilman Carpenter and said that his suggestion
is to fund the entire $80,000 this year. He
reminded Council that the County had pledged to
fund whatever the City funds, and with these
funds the program CaO continue for a year during
which time other funding methods can be pursued.
He reiterated that he was not proposing an
uw/Y a', IVOV
Page 631
ongoing contract, but was recommending funding
for one year.
Councilwoman Trejo agreed and commented that the
year's funding will assist the group as they seek
other sources for funding, as it will show
backing of the City and County.
Mayor McMinn pointed out that $34,800 in services
i l performed during FY 1988-89 had been documented,
�1
~'- and there is a legal problem with funding
agencies without documentation of services equal
to the value funding.
City Attorney John Ross stated that the City and
County both are governed by Art. 3, Sec' 52, of
the Constitution of the State of Texas, which
establishes that credit cannot be loaned and
things of value cannot be given to another
entity, individual, etc. However, the City may
contract for services, but there must be equal
value of services rendered for equal dollars
spent,
Councilman Carpenter asked if Councilman Ma7oy
had made a motion or if he had just made comments
and Councilman Maloy replied that he would make a
motion.
MayorPro Tem Baker stated her support of the
C.A.R.E' program, and informed that she had
served as a board member of that group. She
stated that she could not, however, support
funding the C-A'R'E- Program for services that
the City cannot justify and made the motion that
$34,800 in funds be allocated for the C.A.R.E.
Program" which can be justified as services
having been rendered to the City. Councilman
Carpenter seconded the motion'
Mayor McMinn yielded to Councilman Ma]oy in light
of the fact that he had indicated he was going to
make a motion'
Councilman Maloy stated his opinion that it is
unfair for the Council to require justification
of past services at this point, which is after
the fact- He reminded Council of testimony by
the Criminal District Attorney which said that it
is impossible to completely document the Program,
because many of the cases turn out to not have
been abuse cases, in which instances there is no
criminal case or police involvement. He want on
to say that he cannot support authorizing only
the $34,800, but would support a contract which
would authorize up to $80,000, subject to future
documentation of services during the year in
order to meet the legal requirements'
Mayor McMinn agreed that there were no previous
documentation requirements because the City was
not involved in funding of the program, and that
it is difficult to re-enact services previously
rendered, at this time.
Councilman Carpenter asked if 50 cases had been
documented, and Mr. Cunningham replied that the
$34,800 is based on the cases the police handled,
and the estimated value of the services.
ou/y 6/, 1".J
Page 632
Councilman Maloy pointed out that during the
cases no one was actually going through a cost
accounting process, because there was no need to,
but that in the future this can be done'
Councilwoman Tre'o said that this organization
has been in existence since I981 and has been
working for the City all this time.
Councilman Maloy offered an amendment to the
original motion that the City guarantee $34,800
in funding, with the further stipulation that
funding up to $80,000 be authorized" subject to
documentation of services equal to that value,
from the C'A'R'E' Center.
At this point Councilman Carpenter asked for
clarification by Councilman Maluy as to whether
or not he was suggesting that this money be set
aside from reserve funds as a contingency'
Councilman Carpenter stated that something will
have to be done to designate that money within
this budget, and staff will have to be instructed
to make whatever changes are necessary. He went
on to say that the money would need to be in
reserve, and then if only t34,800 can be
justified, the money could be released next year.
Councilman Maloy replied that his proposal is to
fund the $34,800 with an additional $45,000 if it
can be justified via contract, and that money
would be set aside from reserve dollars or from
some other source. He recommended if a cut must
be made, that it be made to the Parks Reserve'
Mayor McMinn stated his opinion that $46,000
could be taken from the remaining balance.
Mayor Pro Tem Baker pointed out staff
recommendation that the ending balance not be
reduced further than presently proposed, and
Mayor McMinn stated that Council may not be
reducing it. Councilman Carpenter stated it
might be necessary in this meeting to raise
taxes, and Mayor Pro Tem Baker agreed that this
will be necessary if Council Cries to address
every worthy cause which is presented.
Councilman Phillips made the point that City
Government cannot be all things to all people,
and that there are many worthy causes, but the
City cannot do them all. Mayor Pro Tem Baker
agreed and said that Council at some point Deeds
to decide what its mission is and decide whether
or not it is to be the panacea for every worthy
cause or provide protection to the lives and
safety of the citizens' Councilman Patterson
pointed out that this is going to coma out in the
retreat which Council has scheduled. Mayor Pro
Tem Baker then said that the individuals
protesting increases in fees need to understand
that the increases are mandated by federal and
state requirements, and that heavy fines would
result if the requirements are not met.
Councilman Carpenter recommended that those in
opposition to the rate increases, take their
complaints to Washington.
Mayor McMinn restated the motion to amend by
Councilman Maloy to fund the C'K'R'E' Program at
a minimum of t34,800, up to a maximum of $80,000,
uu/y �/, IzoV
Page 633
if that much case work can be documented.
Councilman Patterson seconded the motion to
amend' Motion to amend carried: 4 Yeas; 3 Nays-
-Mayor Pro Tem Baker, Councilman Phillips,
Councilman Carpenter'
Motion as amended carried: 5 Yeas; 2 Nays --Mayor
Pro TeN Baker, Councilman Phillips.
Councilman Carpenter asked, if once the study of
the animal control ordinance is completed and it
shows that additional personnel or extended
services are needed, how these needs will be
funded in light of the fact that Council will
have set the tax rate, and adopted the ordinance.
City Manager Larry Cunningham stated that if the
needs discovered are deemed to be emergency in
nature, staff would coma back to Council with an
emergency request to use contingency funds, and
if they are not emergencies, they would be
proposed for incorporation in next year's budget.
Mr' Cunningham went on to say that because of the
number of workers Compensation problems, fewer
people have been working the streets and that
Staff is hopeful that with increased safety
awareness and procedures, the injury experience
will decrease.
Councilman Carpenter asked why in Cases of
serious injury, are temporary people not hired'
He pointed out that the work must be carried on
and as the pay for workers compensation is not
coming from the original budget, money should be
available to fund a temporary for the position.
Assistant City Manager Rita Harmon replied that
after an initial injury there is a period of time
when an individual draws injury leave" and
payroll is not against the workers compensation
fund for about 80 days. Also, in light of the
fact that most injuries are not of long duration,
a replacement person would have to be selected,
have a physical examination, and then be trained,
and that by the time all this has been done, the
injured individual is back at work. Ms. Hap0VD
went on to say that last year, temporary over -
hiring of one individual was allowed to address
this problem.
CouncilmanCarpenter stated that since staff
knows from past experience that due to injuries a
certain number of employees will be unable to
work for periods of time, this should be
compensated for in hiring of employees. Ma'
Harmon answered that staff intends to look at the
entire issue of proper staffing, response times,
the ordinance, and the needed services and then
develop a comprehensive approach to addressing
these issues, rather than to deal with them
piecemeal.
Councilman Carpenter requested that staff come up
with a plan to continually maintain whatever is
the desired staff level, including allowances for
vacations, injuries, etc' He said he would
rather see the Council over -fund, but his opinion
was that that won't happen because of the amount
of animal control services necessary. He went on
to state his willingness to wait for the study,
and then take steps necessary to maintain the
services which are needed and pointed out that
Uuiy 4i, lyoy
Page 634
emergency services are provided by the fire,
police on an overtime basis, and that this needs
to be done in the animal control area as well.
Mr. Cunningham pointed out that this has been
done, but the problems experienced are due to the
unusual amount of severe injuries to personnel.
Councilman Carpenter asked about past experience
in this department, and Mr. Cunningham replied
that there had been some problems, but nothing
like this year.
A lengthy discussion ensued regarding workers
compensation charges and the rate of recovery
from the department and staff was asked make a
presentation on this issue at the next City
Council Work Session regarding this.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Maloy to adopt the 1989-90 budget
as amended.
Mayor McMinn called for discussion and Councilman
Phillips commented that from 1985-86 to 1986-87,
general fund expenditures went down approximately
1.4%; from 1986-87 into the actual 1987-88,
general fund expenditures increased approximately
12.9%; from that year to 1989--expenditures in
this fund increased 4.7%, but from the revised
1988-89 budget to the 1989-90 projections, there
is an increase of 8.7%. Also, this shows a 10.5%
increase over what was budgeted last year, making
over the last four years a 29% increase in
general fund expenditures alone. Councilman
Phillips then said that if the mandated programs
and the items added in the budget session, this
is 3.6%, so the increase is still over 5% and
from 1985-86 the population increase has been
less than 2%.
Mayor McMinn pointed out that a great number of
police and fire personnel have been added.
Councilman Carpenter mentioned the increased
workers compensation costs, additional insurance
costs, salary increases, and new services.
Mayor McMinn restated the motion to pass on first
reading Ordinance #9301, approving the 1989-90
budget as amended. Motion carried: 6 Yeas; 1
Nay --Councilman Phillips.
89-48B-634- 469
(21.) Consider Ordinance #9302 setting the tax ra
the 1989-90 Budget.
ORDINANCE #9302
AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX UPON ALL
PROPERTY SUBJECT TO TAXATION WITHIN THE CITY OF LUBBOCK, TEXAS FOR
THE YEAR 1989, APPORTIONING SAID LEVY AMONG THE VARIOUS FUNDS AND
ITEMS FOR WHICH REVENUE MUST BE RAISED; FIXING THE TIME IN WHICH SAID
TAXES BE PAID AND ASSESSING PENALTY AND INTEREST FOR NONPAYMENT OF
SUCH TAXES WITHIN THE TIME PROVIDED.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Maloy to pass on first reading
Ordinance #9302, setting the tax rate at 64 cents
for 1989-90. Motion carried: 7 Yeas; 0 Nays.
Duly c/' 1y0y
Page 635
Items 39 through 45 were held until the August 10, 1989 City Council
meeting.
There being no further business to come before Council, motion was
made by Councilman Patterson, seconded by Councilman Phillips to
adjourn the meeting at 1:30 p.m. Motion carried: 7 Yeas; 0 Nays.
B. C. McMINN, MAYOR
READ AND APPROVED THIS 10TH DAY OF AUGUST, 1989.
B. C. McMIN`N, Mayor
Ran;ett Boyd, City Secreti-ty