HomeMy WebLinkAboutMinutes - City Council - Regular - 2/14/1991CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
FEBRUARY 14, 1991
10:00 A.M.
The City Council of the City of Lubbock, Texas met in regular session on
the 14th day of February, 1991 in the City Council Chambers, first
floor, City Hall, 1625 13th Street, Lubbock, Texas at 10:00 A.M.
Present: Mayor B. C. McMinn, Mayor Pro Tem T. J. Patterson, Councilman
Gary Phillips, Councilman Bill Maloy, Councilwoman Joan Baker,
Councilwoman Maggie Trejo, Councilman M. J. Aderton, City Manager Larry
J. Cunningham, City Attorney John C. Ross, Jr., and City Secretary
Ranette Boyd.
Mayor McMinn called the meeting to order at 10:00 A.M.
The Invocation was given by Assistant City Manager
Robert Massengale.
2.) The Pledge of Allegiance was given in unison by
those in the Council Chambers.
3.) Motion was made by Mayor Pro Tem Patterson, seconded
by Councilman Phillips to approve the Minutes of the
January 24, 1991 Regular City Council meeting as
written. Motion carried: 7 Yeas; 0 Nays.
( 4.)
91-50A-87-70
( 5.)
Board Appointments
ORDINANCE #9412--Zone Case #2662 (4201 Avenue J and
Estates.
ORDINANCE #9412
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2662; A ZONING CHANGE FROM A-1 TO A-2 ZONING, LIMITED TO CHURCH USES, ON
LOT I -A AND A PORTION OF LOT 3-A, BLOCK I, BUTLER ESTATES, LUBBOCK,
TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR PUBLICATION.
Motion was made by Councilwoman Trejo, seconded by
Mayor Pro Tem Patterson to pass on second and final
reading Ordinance #9412 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
91-50A-87-71
( 6.) ORDINANCE #9413--Zone Case #2663 (701 University)—
ws_.
• •
PAGE 88
ORDINANCE #9413
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2663; A ZONING CHANGE FROM C-3 TO C-3 SPECIFIC USE PERMIT FOR A
VETERINARY CLINIC ON LOTS 11 AND 12, BLOCK 130, OVERTON ADDITION,
LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Motion was made by Councilwoman Trejo, seconded by
Mayor Pro Tem Patterson to pass on second and final
reading Ordinance #9413 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
91-50A-88-72
( 7.) ORDINANCE #9414--Zone Case #1542-N (4417 S. Loop
289)--Request of First Hartford Realty Corporation
Block 1, Furr-Wolf Addition.
ORDINANCE #9414
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
1542-N; A ZONING CHANGE FROM C-3 TO C-4 SPECIFIC USE PERMIT FOR AN
AUTOMOBILE BRAKE SHOP ON A TRACT OUT OF LOT 1-A, BLOCK 1, FURR-WOLF
ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITION; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Motion was made by Councilwoman Trejo, seconded by
Mayor Pro Tem Patterson to pass on second and final
reading Ordinance #9414 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
91-50A-88-73
( 8.) ORDINANCE #9415--
Specific Use (for a golf course) on tract out of the
southeast 1/4 of Section 18, Block E-2.
ORDINANCE #9415
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
2664; A ZONING CHANGE FROM T TO R-1 SPECIFIC USE PERMIT FOR A GOLF
COURSE ON A TRACT OUT OF THE SOUTHEAST 1/4 OF SECTION 18, BLOCK E-2,
LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
Motion was made by Councilwoman Trejo, seconded by
Mayor Pro Tem Patterson to pass on second and final
reading Ordinance #9415 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
FEBRUARY 14, 1991
PAGE 89
9.) ORDINANCE #9411--Amending the Code of Ordinances
with regard to engineering for paving improvements,
subdivisions and water/sewer installation, and unit
prices.
ORDINANCE #9411
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
LUBBOCK, TEXAS, WITH REGARD TO ENGINEERING FOR PAVING IMPROVEMENTS,
SUBDIVISIONS AND WATER AND SEWER INSTALLATION; UNIT PRICES FOR WATER AND
SEWER EXTENSIONS; PROVIDING FOR CORRECTION OF TYPOGRAPHICAL AND OTHER
ERRORS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING
FOR PUBLICATION.
Motion was made by Councilwoman Trejo, seconded by
Mayor Pro Tem Patterson to pass on second and final
reading Ordinance #9411 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
91-50A-89-75
(10.) Consider Resolution #3538 accepting paving
improvements constructed by Williams and Peters
Construction Company, Inc., on the 1988 Assessment
Paving Program Project No. 9062.
RESOLUTION #3538
RESOLUTION ACCEPTING IMPROVEMENTS ON THE 1988 ASSESSMENT PAVING
PROGRAM AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN
EVIDENCE OF ASSESSMENTS LEVIED.
WHEREAS, the City of Lubbock heretofore passed various street
improvement Ordinances and Resolutions and entered into a Contract with
Williams & Peters Construction Company, Inc. (Project No. 9062) for the
making and construction of street improvements on a portion of Quirt
Avenue and 78th Street in said City including the following:
Quirt Avenue from its intersection with the South raw edge of East
50th Street to its intersection with the North raw edge of Slaton
Highway known and designated as Sub -Unit Number 79 of Unit Number
2240.
78th Street from 1-27 to the centerline of Avenue F known and
designated as Sub -Unit Number 77 of Unit Number 2240.
78th Street from the centerline of Avenue F to the East curb line
of Avenue D known and designated as Sub -Unit Number 78 of Unit
Number 2240.
WHEREAS, the improvements upon the said portion of the above -
mentioned streets have been inspected and found to have been constructed
in accordance with the terms of said Contract (Project No. 9062); NOW
THEREFORE:
BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements on said portions of the above -
mentioned streets and the same are hereby accepted and the City Engineer
BE and he is hereby authorized to direct payment of the one percent (1%)
retainage in the amount of $11,232.02.
FEBRUARY 14, 1991
PAGE 90
SECTION 2. THAT the Mayor and City Secretary BE and they are
instruct-ed to execute and deliver certificates in evidence of the
assessments levied against the parcels of property abutting upon the
said portion of Quirt Avenue and 78th Street listed above and against
the owners of such property in accordance with law and in the manner
provided in said Contract, and the proceedings with reference to said
improvements and assessments where such assessments were levied.
SECTION 3. THAT this Resolution shall take effect and be in force
from and after its passage.
Passed by the City Council this 14th day of February, 1991.
ATTEST:
IsZ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry D. Hertel
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
/s/ J. Worth Fullinqim
J. Worth Fullingim, Assistant City
Attorney
91-50A-90-76
(11.)
/s/ B. C. McMinn
B. C. McMINN, MAYOR
This is a routine acceptance of improvements
constructed by Williams and Peters Construction
Company, Inc., on the 1988 Assessment Paving
Program. These include Quirt Avenue from East 50th
Street to the Slaton Highway and two blocks of
residential street paving on 78th Street from 1-27
to Avenue D.
The original Contract amount was $1,024,190.15, and
Change Order No. I added an amount of $18,127.50 for
a total of $1,042,317.65 (cement stabilized caliche
over -ran the estimates). The final total cost is
$1,068,752.46 with the final payment of $11,232.02
due the contractor upon this acceptance. Staff
recommended approval.
Motion was made by Councilwoman Trejo, seconded by
Mayor Pro Tem Patterson to authorize Resolution
#3538 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
i rvwtr L I I I C.) L Ct I IU-uSu rerm I L
Agreement with Midwest Electric Cooperative, Inc.,
for Lake Alan Henry.
RESOLUTION #3539
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock an
Electrical Power Lines Land Use Permit Agreement with Midwest Electric
Cooperative, Inc., attached herewith, which shall be spread upon the
FEBRUARY 14, 1991
PAGE 91
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 14th day of February, 1991.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Assistant City
Attorney
This Land Use Permit allows Midwest Electric of
Roby, Texas, to cross City of Lubbock property in
Garza County for electrical power service at Lake
Alan Henry. This service is for the on -site
construction facilities and for possible future
service to the mitigation land and the public access
area. There is no charge for this permit since it's
for City property and Midwest is the only electrical
service in this area. Staff recommended approval.
Motion was made by Councilwoman Baker, seconded by
Councilwoman Trejo to authorize Resolution #3539 as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
91-50A-91-77
(12.) Consider Resolution #3540 authorizing the Mayor to
execute a Telephone Lines Land -Use Permit Agreement
with Cap Rock Telephone Company, Inc., for Lake Alan
Henry.
RESOLUTION #3540
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the
and directed to
Telephone Lines
Company, Inc.,
of the Council
constitute and
detail.
Mayor of the City of Lubbock BE and is hereby authorized
execute for and on behalf of the City of Lubbock a
Land Use Permit Agreement with Cap Rock Telephone
attached herewith, which shall be spread upon the minutes
and as spread upon the minutes of this Council shall
be a part of this Resolution as if fully copied herein in
FEBRUARY 14, 1991
PAGE 92
Passed by the City Council this 14th day of February, 1991.
/s/s B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Assistant City
Attorney
This Land Use Permit allows Cap Rock Telephone of
Spur, Texas, to cross City of Lubbock property in
Garza County for telephone service at Lake Alan
Henry. This permit will allow construction of
communication service to the dam construction area,
the Mitigation Land Site, and the public access
area. There is no charge for this permit since it
will serve City property and Cap Rock is the only
telephone company in the Garza and Kent County area.
Staff recommended approval.
Motion was made by Councilwoman Trejo, seconded by
Councilwoman Baker to authorize Resolution #3540 as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
91-50A-92-78
(13.) Consider setting the date and time for the Emergency
Shelter Grant Program Public Hearing on February 28,
1991.
The City of Lubbock is submitting an application to
the U.S. Department of Housing and Urban Development
for the Emergency Shelter Grant Program to assist
the homeless in Lubbock.
As part of the application process, the City Council
conducts one public hearing in order to receive
citizen comments on the proposed allocation of the
Emergency Shelter Grant funds. Staff recommended
setting the time and date of the public hearing for
February 28, 1991 at 3:30 p.m.
Motion was made by Mayor Pro Tem Patterson, seconded
by Councilwoman Baker to set the time and date of
the Emergency Shelter Grant Program Public Hearing
for February 28, 1991 at 3:30 p.m. as recommended by
Staff. Motion carried: 7 Yeas; 0 Nays.
FEBRUARY 14, 1991
PAGE 93
91-50A-93-79
(14.)
RESOLUTION #3541
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock an
Agreement for Consulting Services to be entered into by and between the
City of Lubbock (as Owner) and Edward J. Nichols & Associates, Inc. (as
Consultant), concerning a value engineering analysis in connection with
design of proposed improvements, wastewater treatment, and disposal
facilities of the City of Lubbock, attached herewith, which shall be
spread upon the minutes of the Council and as spread upon the minutes of
this Council shall constitute and be a part of this Resolution as if
fully copied herein in detail.
Passed by the City Council this 14th day of February, 1991.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Wilford D. Watson
Wilford D. Watson, Senior Water
Utilities Engineer
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
The City Council, at their January 24, 1991 Work
Session, authorized Staff to negotiate an Agreement
with the firm of Edward J. Nichols and Associates,
Inc. for value engineering analysis of the design
phase of the Wastewater Treatment facilities
upgrade.
According to Staff memo, the maximum billed for
these personnel services will not exceed (without
further written authorization):
Study #1
- $41,164
Study #2
- $31,374
Study #3
- $33,275
Study #4
- $23,187
This Contract is not based on the usual start and
completion dates, but will vary according to various
elements completed in this engineering work for
Wastewater Treatment facilities. The time for
review will be as each segment of the project
engineering is completed.
FEBRUARY 14, 1991
PAGE 94
91-50A-94-80
(15.)
91-50A-94-81
(16.)
Staff recommended approval.
Motion was made by Councilwoman Baker, seconded by
Mayor Pro Tem Patterson to authorize Resolution
#3541 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
Consider an Ordinance amending Chapter 10 of the
Code of Ordinances with regard to Emergency
Management Operations.
This item was deleted.
Consider Resolution #3542 amending a Resolution
adopted with respect to the redemption of certain
bonds issued by the City of Lubbock.
`RESOLUTION #3542
1 / ' / ::1
0411911=12*910 I a/ i' M' 1 ' ' 1
1 IN Fly 19 0 *Q 01111.11IN 1 i' 1: 1 ::1
WHEREAS, the City Council has heretofore caused money to be
deposited in a special escrow account adequate to pay the principal of
and interest on certain general obligation bonds to their respective
maturities (being Series 1981, bonds maturing February 1 in each of the
years 2000 and 2001 and Series 1984 maturing on February 15, in theyears
2002 through 2004) and a resolution heretofore adopted on the 21st day
of November, 1985, by the Counci indicated such bonds were to be called
for redmeption and such resolution should be corrected so as to conform
to other records of the City; now therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
SECTION 1: That Sections 1 and 3 of the resolution heretofore
adopted November 21, 1985 are hereby amended to read as follows:
SECTION 1: That the bonds of that series known as "City of
Lubbock, Texas, General Obligation Bonds, Series 1981: dated May
1, 1981, each in the denomination of $5,000, maturing on February
1 in each of the years 1992 through 1999, being bond numbers 1671
through 3014, and aggregating in principal amount $6,720,000,
shall be redeemed on February 1, 1991, at the price of par,
together with accrued interest to the date of redemption. The City
Secretary of the city is hereby authorized and directed to cause
this resolution to be filed with Citibank, N.A., New York, New
York and Texas Commerce Bank, National Association, Lubbock,
Texas, the "paying agents"; such notice of redemption to read
substantially as Exhibit A attached hereto and incorporated herein
by reference as a part of this resolution for all purposes.
SECTION 3: That the bonds of that series known as "City of
Lubbock, Texas, General Obligation Bonds, Series 1984" dated April
15, 1984, maturing on February 15 in each of the years 1995
through 2001 and aggregating in principal amount $4,900,000 shall
be redeemed on February 15, 1994, at the price of par, together
with accrued interest to the date of redemption. The City
Secretary of the City is hereby authorized and directed to cause
this resolution to be filed with Texas Commerce Bank, National
Association, Lubbock, Texas, the "paying agent" and make
irrevocable arrangements for a notice of redemption to be sent by
United States Mail, first class, postage prepaid, at least 30 days
February 14, 1991
Page 95
prior to the redemption date to each registered owner of the bonds
to be redeemed appearing on the registration books for said bonds;
such notice of redemption for ead substantially as Exhibit C
attached hereto and incorporated herein by reference as a part of
this resolution for all purposes.
SECTION 2: Exhibits A and C to the aforesaid resolution are amended
to read as Exhibits A and C to this Resolution.
SECTION 3: The actions of the Assistant City Manager - Finance and
the City Secretary in causing such notices to be exeucted and issued on
behalf of the City of Lubbock is hereby approved, accepted, ratified and
confirmed, and any action as has not been taken should be taken
forthwith.
SECTION 4: Other than the amendments as set forth in Sections 1 and
2 above, the Resolution as adopted on November 21, 1985, is hereby
ratified and confirmed.
SECTION 5: It is officially found, determined and declared that the
meeting at which this Resolution is adopted was open
to the public and notice of the time, place and
subject matter of the public business to be
considered at such meeting, including this
Resolution, was given, all as required by Article
6252-17, Vernon's Texas Civil Statutes, as amended.
PASSED AND APPROVED this the 14th day of February, 1991.
ATTEST:
/s/ B. C. McMinn
B. C. McMinn, Mayor
/s/ Ranette Boyd
Ranette Boyd, City Secretary
CERTIFICATE WITH RESPECT TO
CORRECTED NOTICE OF REDEMPTION
THE STATE OF TEXAS
::�
I, SHERRY D. BURGER, AS AVP AND TRUST OFFICER of the TEXAS
COMMERCE BANK NATIONAL ASSOCIATION, Lubbock, Texas, DO HEREBY CERTIFY
that:
(i) on the 21st day of February, 1991, said Bank received
a letter from the City of Lubbock, Texas, and an executed
copy of CORRECTED NOTICE OF BOND REDEMPTION with respect to
certain bonds of the City of Lubbock known as "City of
Lubbock, Texas, General Obligation Bonds, Series 1984" dated
April 15, 1984, a copy of said notice being attached hereto,
the same having been received at least thirty (30) days
prior to the date fixed for redemption of the Bonds therein
described, to wit: the FIFTEENTH DAY OF FEBRUARY, 1994.
(ii) as Registrar of said Series 1984 Bonds, I have caused
appropriate notations to be made so that all registered
holders of the Bonds so called for redemption as shown on
the Registration Books maintained by this Bank, as
Registrar, or otherwise on file as a holder who is to
receive otice (as permitted by Section 4(d) of the Ordinance
authorizing the issuance of such Series 1984 Bonds) will,
February 14, 1991
Page 96
within 30 days hereof, be mailed a copy of such corrected
notice of redemption or otherwise advised that such Bonds
have been called for redemption on the,Redemption Date
prescribed in such Corrected Notice;
(iii) that as such Registrar I have caused appropriate
notation to be made that in the event a Holder of any Bond
so called for redemption hereafter submits such Bond or
Bonds for registration or requests that notices be given him
(as permitted by Section 4(d) of Ordinance authorizing the
issuance of such Series 1984 Bonds) such Holder, at the time
such registration is effected is to be notified of such
notice of redemption and redemption date; and
(iv) if this Bank ceases to act as Registrar with respect
to said series of Bonds, the subsequent Registrar will be
supplied copies of the records of this Bank or such other
data as may be required to evidence such notice of
redemption.
ATTEST:
IsZ George L. Roberts
George L. Roberts
VP and Trust Officer
TEXAS COMMERCE BANK NATIONAL
ASSOCIATION
Lubbock, Texas
/s/ Sherry D. Burger
Sherry D. Burger
AVP and Trust Officer
CORRECTED NOTICE OF REDEMPTION
CITIBANK, N.A., New York, New York and TEXAS COMMERCE
NATIONAL ASSOCIATION, Lubbock, Texas, and ALL OTHER
INTERESTED PARTIES:
NOTICE IS HEREBY GIVEN that the City of Lubbock, Texas (the
"City"), has called for redemption certain outstanding bonds of that
series of bonds of the City described as follows:
"CITY OF LUBBOCK, TEXAS, GENERAL OBLIGATION BONDS, SERIES
1981" dated May 1, 1981, each in demoniation of $5,000
maturing on February 1 in each of the years 1992 through
1999, being bond numbers 1671 through 3014 inclusive and in
the principal amount of $6,720,000.
THE FIRST DAY OF FEBRUARY, 1991, is the date fixed for
redemption of said bonds, as prescribed in the aforesaid resolution, and
you are hereby notified that such bonds should be presented for
redemption at CITIBANK, N.A., New York, New York, or TEXAS COMMERCE BANK
NATIONAL ASSOCIATION, Lubbock, Texas, on or immediately before that
date, that interest on all such bonds shall cease to accrue from and
after such redemption date, and that on said date such interest will
become due and payable on each of such bonds together with the
redemption price of par thereof and accrued interest, if any, thereon.
THIS NOTICE is issued and given pursuant to the option of
redemption reserved to the City in the proceedings authorizing the
issuance of such bonds and in accordance with recitals and provisions of
each of said bonds.
"M
WITNESS MY OFFICIAL SIGNATURE, THIS THE 28TH DAY OF JANUARY,
/s/ Ranette Boyd
Ranette Boyd, City Secretary
FEBRUARY 14, 1991
PAGE 97
On November 21, 1985, the City Council refunded all
outstanding General Obligation Bond Issues (with the
exception of one issue) for the purpose of reducing
the interest rate, the cost and the annual debt
service for the City. The issue involved the
refinancing of 17 different bond issues from 1966
through 1984, and the total amount of the refunding
was $65,610,000.
Recently, it came to Staff's attention that an error
was made in the call date on the 1981 Issue. To
correct that error, the Bond Attorneys Fulbright and
Jaworski, prepared a Notice to bondholders and
paying agents (to prevent an erroneous call
situation), and the City Secretary, upon advice from
the Assistant City Manager for Financial Services,
immediately sent this Notice to the appropriate
paying agents.
The Resolution is to ratify and confirm action taken
by the City Secretary. According to Staff memo, the
City's Bond Attorneys have assured that the problem
has been corrected and that this Resolution will
authorize the action that was taken to correct the
problem. Staff recommended approval.
Motion was made by Councilwoman Trejo, seconded by
Mayor Pro Tem Patterson to authorize Resolution
#3542 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
91-50A-97-82
(17.) Consider Resolution #3543 authorizing the Lubbock
Central Appraisal District to purchase real
property.
RESOLUTION #3543
WHEREAS, Section 6.051 of the Texas Property Tax Code provides for
the purchase of real property by a central appraisal district, subject
to the approval of 3/4th's of the governing bodies of those taxing units
entitled to vote on the appointment of board members, and
WHEREAS, this governing body agrees that the negotiating position
of the Lubbock Central Appraisal District when attempting to acquire
real property is significantly impaired if exact prospective locations
are divulged; and
WHEREAS, in the interest of governmental efficiency, the City
Council of the City of Lubbock desires to authorize the Lubbock Central
Appraisal District to purchase real property located within 700 linear
feet of the existing Lubbock Central Appraisal District property; NOW
THEREFORE:
THAT the Lubbock Central Appraisal District is hereby authorized
to purchase real property located within 700 linear feet of the existing
Lubbock Central Appraisal District property for an amount such that the
City of Lubbock's allocated portion of the cost will not exceed $100,000
and the disbursement of the City's portion would be made over a period
of not less than two (2) years.
FEBRUARY 14, 1991
PAGE 98
Passed by the City Council this 14th day of February, 1991.
Zsl B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Robert Massengale
Robert Massengale, Assistant City
Manager/Financial Services
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
In 1987 State legislation was passed that required
the Central Appraisal District to obtain permission
from three -fourths of the entities it represents
before purchasing real property.
According to Staff comments, this new law placed
considerable burden on the Appraisal District by
requiring approval of 19 entities prior to being
able to purchase property. In an effort to improve
that situation, the Appraisal District is requesting
that the City Council give prior approval to the
purchase of property so that the Appraisal District
will know ahead of time if they can negotiate an
arrangement for the purchase of property.
The Appraisal District is in the process of looking
at its short-term and long-range facility needs and
would like the flexibility to negotiate for property
in the future near their present location. Staff
placed a "not to exceed" figure of $100,000 for the
City's portion of this purchase and also added a
restriction that the City's portion would not be
paid in a period of less than two years.
Staff have been advised by Dave Kimbrough, the Chief
Appraiser for the Appraisal District, that the
proposal is to purchase the property within the
existing budget through the retention of fund
balance rebates.
Staff recommended approval.
Motion was made by Councilwoman Baker, seconded by
Councilwoman Trejo to authorize Resolution #3543 as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
91-50A-98-83
(18.) Consider approving the write-off of various accounts
receivable and insufficient checks.
FEBRUARY 14, 1991
PAGE 99
Each year, the Accounting Department accumulates
accounts receivable and insufficient checks termed
to be uncollectible and requests Council approval to
write these accounts off the books. Collection
efforts continue even after the accounts are written
off the books.
The major portion of the write-off is for Electric,
Water, Sewer and Sanitation billings. The write-off
G. percentage for the calendar year 1990 from all
utility accounts was 1.05%, which compares to 1.22%
in 1989 and 1.25% in 1988. The total amount of
write-off for the utility bills is $892,236.85, and
the total gross sales relating to that figure is
$84,865,128.
Staff recommended approval of the write-offs through
minuted action.
Motion was made by Councilman Phillips, seconded by
Councilman Aderton to approve write-off of
uncollectible accounts receivable and insufficient
checks as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
91-50A-99-84
(19.) Consider Resolution #3544 authorizing the Mayor to
sign an Access Agreement and Release with Texas
Water Commission, Petroleum Storage Tank Division,
for State -led responsible party investment and
remediation (5th and J Fuel Facility).
RESOLUTION #3544
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
Remediation Access Agreement and Release by and between the City of
Lubbock and the Texas Water Commission, 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 14th day of February, 1991.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Gene Eads
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
FEBRUARY 14, 1991
PAGE 100
The Petroleum Storage Tank Division of the Texas
Water Commission has requested that the City execute
an Access Agreement and Release for State -Led
Corrective Action at the City of Lubbock LPST sites
listed below due to leaking underground storage
tanks owned by the City and Borden Company in the
immediate area of 5th Street and Avenue J.
Central Fire Station Fuel Facility (LPST ID#
93153)
5th St. & Avenue J Fuel Facility (LPST ID#
93157)
Lubbock Power & Light Plant #1 (LPST ID#
93557)
Because the City has three sites identified in the
area, it will be responsible for the first $30,000
and any cost in excess of $3,000,000. The City has
already exceeded the $30,000 cost and is seeking
reimbursement from the Petroleum Storage Tank
Remediation Fund.
Staff recommended approval of the Resolution.
Motion was made by Councilwoman Baker, seconded by
Mayor Pro Tem Patterson to authorize Resolution
#3544 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
91-50A-100-85
(20.) Consider Resolution #3545 amending the City of
Lubbock Board and Commission Attendance Policy.
RESOLUTION #3545
WHEREAS, the City Council of the City of Lubbock believes it to be
in the best interest of the citizens of the City of Lubbock to further
define the City of Lubbock's policy with regard to attendance of City
board and commission members; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Manager of the City of Lubbock is hereby authorized
and directed pursuant to Resolution No. 1610 (1984) to place the policy
attached hereto and incorporated herein for all intents and purposes
into Volume 1 and Volume 2 of the City of Lubbock's Policies and
Procedures Manual.
Passed by the City Council this 14th day of February, 1991.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
FEBRUARY 14, 1991
PAGE 101
This Resolution authorizes a change in the policy
for replacing board and commission members who
experience attendance problems. Suggested changes
to the current policy primarily reflect Council
discussion at the January 24, 1991 Work Session.
The proposed policy states that:
1. An appointee who has three
consecutive unexcused absences or
who for any reason is absent from
50% of the regular board/commission
meetings during a calendar year,
automatically forfeits his/her
appointment as of the date that the
50th percentile meeting is missed.
(The current policy allows for
consideration of replacement in
certain instances of unexcused
absences.)
2. Absences due to military assignment
shall be considered by Council on a
case -by -case basis. (The current
policy does not address absences due
to military assignment.)
3. Board and Commission records shall
be maintained in accordance with the
Local Government Records Act. (The
policy currently mandates
microfilming minutes and agendas of
all board and commission meetings at
the end of the calendar year.)
The suggested effective date is March 1, 1991, with
absences to be calculated on the basis of 50% of
remaining regular meetings during 1991 and
thereafter, on absences over the period of a
calendar year.
Because this policy has both external and internal
applications, the Resolution provides for inclusion
of the policy in Volumes 1 and 2 of the Policies and
Procedures Manual.
Motion was made by Councilwoman Baker, seconded by
Councilwoman Trejo to authorize Resolution #3545 as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
91-50A-101-86
(21.) Hold an Executive Session to discuss land
acc uisition (Streets).
91-50A-101-87
(22.) BID #11129--Electrical items (Central Warehouse
Techline, Inc., Amarillo--50 ea. 50 MCM Compression
End Terminal; 40 ea. bushing extension; 200 ea. 1/0
elbow 8.3 KV, 200amp connector; 250 ea. service
wedge clamp; 30 ea. 8' double dead end assemblies.
Cummins Supply, Amarillo--10 ea. multi crimp tool;
24 ea. 6' #146 diameter steel tape; 30 ea. fuses,
100 amp 250V; 100 ea. 3 wire ground caps; 100 ea. 3
wire grounding connector with cord grip; 25 ea.
faulted circuit indicator; 200 ea. silver duct tape,
FEBRUARY 14, 1991
PAGE 102
2"x60 yds; 100 ea. jacketing tape 111/2"X30 yds; 20
ea. wall lighter luminaire, HOW, 240V; 175 ea.
small "J" Box 12"X16"X21"; 18 ea. lamp quartz, 300W;
168 ea. Quartz Proj. Lamp, 45W, 6.6 amp.
Nelson Electric Supply--50 ea. 3/8" strandvise; 400
ea. 8' wood cross arm.
Temple, Inc.--50 ea. tension sleeve #1/0-61AS; 30
ea. 60" armor rods, #4 ACSR; 300 ea. Triplex neutral
splicing sleeve #4; 300 ea. double arm tie wire; 25
ea. copper sleeve, 1/0; 100 ea. Airport connection
kit; 200 ea. spool insulator; 50 ea. 5/16"X4'-1/2"
porcelain wireholder; 100 ea. 54" glass strain
insulator, 30,000 lb. strength; 40 ea. 24" conduit
support; 300 ea. transformer ground connector.
Westinghouse Electric Supply--24 ea. 10" light blade
cabinet tip screwdriver; 36 ea. 8" screwdriver
miller cabinet; 50 ea. service entrance sleeves; 50
ea. copper connector #2.
Graybar Electric Supply, Amarillo--100 ea. screw
sealing ring; 400 ea. solid copper sleeve #2; 2,0001
Type S-J, extension cord wire.
Southwestern Electric Supply--12 ea. curved non -
folding knife; 50 ea. in -line fuse holder; 300 ea.
5/8"X8' ground rod; 20 ea. mounting bracket.
Armstrong Electric Supply--48 ea. 48" Vitalite.
Motion was made by Councilman Aderton, seconded by
Councilman Maloy to authorize low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
91-50A-102-88
(23.) BID #11122--Vehicle sirens and light bars (Central
Garage).
Law Enforcement Equip. Co., Kansas City, KS--1 ea.
Utility light bar; 22 ea. emergency light bar.
G&G Police Supply, Garland--22 ea. vehicle siren/PA
System.
Motion was made by Councilman Aderton, seconded by
Councilman Maloy to authorize low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
91-50A-102-89
(24.) BID #11114--Janitorial supplies --annual prier
(Central Warehouse).
Marquis Supply--725 ea. scouring sponges; 5 cs. sure
wipe towels.
Dixon Paper Co.--300 cs. center fold paper towels;
225 cs. toilet tissue; 800 bx. disposable shop
towels; 180 cs. 6 oz. styrofoam cups; 340 cs.
selfold towel; 355 cs. 2-ply jumbo toilet paper
rolls.
Pollack Paper Co.--8 cs. single fold paper towels;
120 cs. turn towel; 2 cs. Maxi -Pads, indiv. wrapped;
30 cs. 4 oz. Dixie paper cups; 6 cs. Maxi -Pads for
vend. mach.; 3 cs. Tampons; 370 cs. towel paper
rolls.
FEBRUARY 14, 1991
PAGE 103
Motion was made by Councilman Aderton, seconded by
Councilman Maloy to authorize low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
91-50A-103-90
(25.) BID #10942--Municipal Building HVAC equipment
(Building Services).
Term Mech Sales--1 ea. 240 ton Chiller for Municipal
Building.
Motion was made by Councilman Aderton, seconded by
Councilman Maloy to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
91-50A-103-91
(26.) BID #11135--Chemical applications --annual pricing
Land
Application Site).
Gregg Aerial Service, Inc., Ropesville--Tie bid
awarded by drawing, for 5-gallon per acre rate -
aerial application.
Kitten Fertilizer, Slaton--Ground application.
Motion was made by Councilman Aderton, seconded by
Councilman Maloy to authorize low bids meeting
specifications, and in a drawing by Mayor McMinn,
awarding the tie bid item (#3) for aerial
application to Gregg Aerial Service, Inc. Motion
carried: 7 Yeas; 0 Nays.
91-50A-103-92
(27.) BID #11103--1991 Street Maintenance Program (Streets
Department).
RESOLUTION #3546
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 High Plains Pavers for
1991 Street Maintenance Program at various locations throughout the City
of Lubbock, attached herewith, which shall be spread upon the minutes of
the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein in
detail.
FEBRUARY 14, 1991
PAGE 104
Passed by the City Council this 14th day of February, 1991.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Gene Eads by Victor Kilman
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
High Plains Pavers
Motion was made by Councilman Aderton, seconded by
Councilman Maloy to authorize Resolution #3546 as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
91-50A-104-93
(28.) BID #11091--Electrical conduit (Central Warehouse).
Techline, Inc., Amarillo--100 ea. 2" insulated
conduit bushing; 50 ea. 1" entrance fittings; 200
ea. service wedge clamp #1/0 to #4 ACSR; 100 ea. PVC
guy guard.
Temple, Inc.--175 ea. 4" rigid conduit w/coupling
(10' lgths); 12 ea. 3 Phase Eq. Mount; 200 ea. 1/2"
guy grip; 300 ea. 3/8" guy grip; 200 ea. 4" Schedule
40 PVC, 90-deg. 16" radius; 50 ea. 4" PVC 90 deg.
24" radius Sched. 40 elbow; 150 ea. 2" 90-deg. ELL
12" radius Schedule 40 PVC; 200 ea. 2" PVC coupling
Schedule 40; 12 ea. 3" 90 deg. ELL 12" radius Sched.
40 PVC; 30 ea. 3" PVC coupling, Sched. 40 long.
Graybar Electric Supply, Amarillo--300 ea. 4" PVC
conduit coupling; 200' 3/4" flex. conduit; 50 ea. 4"
90 deg. PVC ELL; 150 ea. 1" 2 hole pipe strap;
10,000' 2" PVC Sched. 40 conduit.
Westinghouse Electric Supply--25 ea. 3/4" entrance
cap.
Southwestern Electric Supply--30 ea. electrical
shielding tape, 1"X15' Roll #24; 400 ea. 1' 1/4"
conduit lacknut.
Cummins Supply, Amarillo--12 ea. 4" conduit riser
cable ring; 300 ea. alum. dead end strain clamp #1/0
to 477 ACSR.
Fields & Company--150 ea. 1/2" EMT connector; 50 ea.
3/4" EMT connector.
FEBRUARY 14, 1991
PAGE 105
Motion was made by Councilman Aderton, seconded by
Councilman Maloy to authorize low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
91-50A-105-94
(29.) BID #11109--Radios (Communication Services).
Motorola Communications --LOT PRICE ITEM #'s 1-7: 7
ea. VHF Pager 582010001; 1 ea. UHF Pager 582010002;
8 ea. VHF Port. Radio 582020001; 21 ea. VHF Mobile
Radio 582020002; 42 ea. UHF Port. Radio 8 Channel
582020006; 3 ea. UHF Mobile Radio w/priority scan;
ea. VHF Repeater Station 582020016.
Motion was made by Councilman Aderton, seconded by
Councilman Maloy to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
91-50A-105-95
(30.) BID #11108--Radar units (Communication Services).
M.P.H. Industries, Inc., Chanute, KS--6 ea. Moving
(veh. mounted) Traffic Radar Unit 584010001; 3 ea.
handheld (port.) Traffic Radar Unit 584010002.
Motion was made by Councilman Aderton, seconded by
Councilman Maloy to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
17 i 91-50A-105-96
(31.) BID #10987--Municipal Square renovations, and
L authorize
same (Building Services).
RESOLUTION #3547
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 Knox, Gailey & Meador,
Inc. for renovations at Municipal Square, 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.
FEBRUARY 14, 1991
PAGE 106
Passed by the City Council this 14th day of February, 1991.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Gene Eads by Victor Kilman
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
Knox, Gailey & Meador, Inc.
Motion was made by Councilman Aderton, seconded by
Councilman Maloy to authorize Resolution #3546 as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
91-50A-106-97
(32.) BID #11090--Electrical wire and cable (Central
Warehouse).
Westinghouse Electric Supply--1,500' extension wire
#16-3, SJ; 7,000' Quad Service Drop Cable #4/0;
3,000' Wire #1/0 600v, 19 strand.
Fields & Co.--2,000' copper wire 7 strand #4, 600v;
3,000' wire #4/0, 600v.
Temple, Inc.--3,0001 Triplex Service Drop Cable 1/0.
Graybar Electric, Amarillo--1,500' Copper Wire #12,
THHN; 2,000' copper wire #6, THHN; 600 lb. copper
wire bare 19 strand 4/0; 6,000' Quad Service Drop
Cable 1/0; 9,000 lb. ACSR bare wire #4/0; 60 ea.
cable rock; 1,000' wire #6 THHN.
Motion was made by Councilman Aderton, seconded by
Councilman Maloy to authorize low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
91-50A-106-98
(33.) BID #11079--Fiberglass Wastewater Sampler (Water
Reclamation).
ISCO, Lincoln, NE--6 ea. Fiberglass Wastewater
Sampler.
Motion was made by Councilman Aderton, seconded by
Councilman Maloy to authorize low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
FEBRUARY 14, 1991
PAGE 107
91-50A-107-99
(34.)
91-50A-107-100
(35.)
91-50A-107-101
(36.)
91-50A-107-102
(37.)
91-50A-107-103
(38.)
Lubbock Housing Finance Corporation Board of
Directors.
Parks and Recreation Board
Zoning Board of Adjustment
Board of Health
Firemen's and Policemen's Civil Service
Commission
Consider two appointments to the Lubbock Housing
Finance Corporation Board of Directors. The term of
David Langston expired on December 23, 1990. The
term of Richard Lopez, who resigned from the board,
will expire on December 31, 1995.
Motion was made by Councilman Phillips, seconded by
Mayor Pro Tem Patterson to reappoint David Langston
and to appoint Tony Reyes to fill the unexpired term
of Richard Lopez on the Lubbock Housing Finance
Corporation Board of Directors. Motion carried: 7
Yeas; 0 Nays.
1992.
Motion was made by Councilman Phillips, seconded by
Councilman Maloy to reappoint John Farquhar and to
appoint Susie Moore to fill the unexpired term of
Kevin Rooker on the Parks and Recreation Board.
Motion carried: 7 Yeas; 0 Nays.
Consider three appointments to the Zoning Board of
Adjustment. The terms of Dr. Jim Mertes, Carolyn
Allison, and Kim H. Allen will expire on February
26, 1991.
Motion was made by Councilman Phillips, seconded by
Mayor Pro Tem Patterson to reappoint Jim Mertes and
Kim Allen and to move Bertell Jackson from Alternate
to Regular Member of the Zoning Board of Adjustment
to replace Carolyn Allison and to hold appointment
of Alternate until the next Council Meeting. Motion
carried: 7 Yeas; 0 Nays.
Consider one appointment to the Board of Health.
The term of Jack Rudd, DDS will expire on February
21, 1991.
FEBRUARY 14, 1991
PAGE 108
91-50A-108-104
(39.)
There being
by Mayor Pro
the meeting
ATTEST:
Motion was made by
Councilwoman Baker
Board of Health.
Councilman Phillips, seconded by
to reappoint Dr. Jack Rudd to the
Motion carried: 7 Yeas; 0 Nays.
Motion was made by Councilman Phillips, seconded by
Mayor Pro Tem Patterson to reappoint Robert Hurmence
to the Firemen's and Policemen's Civil Service
Commission. Motion carried: 7 Yeas; 0 Nays.
no further business to come before Council, motion was made
Tem Patterson, seconded by Councilman Phillips to adjourn
at 11:07 a.m. Motion carried: 7 Yeas; 0 Nays.
Rane to Boyd, City--S-ecretarr
Read and approved this 14th day of
ATTEST:
et e Boyd, City SecreWf
B. C. McMinn, Mayor
February, 1991
B. C. McMi6n, Mayor
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