HomeMy WebLinkAboutMinutes - City Council - Regular - 8/27/1992CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
AUGUST 27, 1992
10:00 A.M.
The City Council of the City of Lubbock, Texas met in regular session on
the 27th day of August, 1992 in the City Council Chambers, first floor,
City Hall, 1625 13th Street, Lubbock, Texas at 10:00 a.m.
Present: Mayor David Langston, Mayor Pro Tem Maggie Trejo, Councilman
T.J. Patterson, Councilman M. J. Aderton, Councilman Randy Neugebauer,
Councilman Max Ince, Councilman Alex Cooke, City Manager Larry J.
Cunningham, City Attorney John C. Ross, Jr., and Deputy City Secretary
Beatrice Cervantes.
Absent: Ranette Boyd, City Secretary.
Mayor Langston called the meeting to order at 10:00 A.M.
( l.) The Invocation was given by Robert Massengale,
Assistant City Manager for Financial Services.
( 2.) The Pledge of Allegiance was given in unison by
those in the Council Chambers.
92-51B-687-463
( 3.)
Light.
Greg Jones, Chairman of the Electric Utility Board,
presented a recommendation of the Electric Utility
Board for approval of a senior citizen residential
rate.
According to Staff memo, on August 18, 1992 the
Electric Utility Board recommended a change in
Lubbock Power and Light's rates to create a "Senior
Citizen Residential Rate." This new rate which
would result in a 10% reduction in electric costs
would be available to qualifying heads of households
who are at least 65 years of age and was recommended
to go into effect October 1, 1992.
The qualifying requirements would be set to keep
electric bills from being placed in the name of a
person living in the household just to lower the
electricity costs for non -qualifying members. (LP&L
will develop a screening system to determine
qualifying heads of household.) Items considered
would include persons whose dwelling is either
deeded or rented in their name; persons living with
spouse or alone. Other situations would require
more investigation, and identification will be
flexible (to include requiring birth certificates,
drivers licenses, social security documents, etc.).
August 27, 1992
Page 688
The 1990 census indicated that 18,299 or 9.8% of
City population are 65 or older. Staff estimated
that 40% live in a nursing home, retirement home,
with family, or with a spouse and the remaining 60%
are assumed to have meters. The projection is that
5,490 of these meters (or 1/2) are on LP&L service.
The average residential consumption in Lubbock is
600 KWH and under the proposed rate, this usage
amounts to $4.18 per month savings.
5,490 meters; $4.18 per month; 12 months = $275,378
If all qualified for the new rate, LP&L's yearly
revenue would be reduced by approximately $275,378
and any customers gained would offset this loss.
Any qualifying customer 65 or over could get a 13%
discount if they allowed bank account draft.
Proposed savings including costs for franchise,
surcharge, and 1% tax are as follows:
WH Present Proposed Rate Percent
Used Cost Cost Reduction Saved
400
$ 29.44
$26.48
$ 2.96
10.050%
600
41.79
37.61
4.18
10.010%
800
54.13
48.73
5.41
9.988%
1,000
66.48
59.85
6.63
9.975%
1,200
78.83
70.97
7.86
9.965%
1,400
91.17
82.09
9.08
9.958%
1,600
103.52
93.21
10.30
9.953%
Tariffs 1.1 through 1.3 would be amended and the new
Tariff 1.4 (Senior Citizen Residential Rate) would
be added.
Mr. Jones then presented an alternate plan which
would allow this discount only if the customer uses
600 KWH or less.
Dub Rogers and Rev. G.A. Blocker spoke in favor of
the Electric Utility Board recommendation.
Cecil Puryear spoke in opposition to this request.
There was discussion among Council to look at
alternative plans which would address the needs of
more groups including, but not limited to, senior
citizens.
Motion was made by Councilman Ince, seconded by
Mayor Pro Tem Trejo to hold Council action on this
item until the September 10, 1992 Regular City
Council meeting to enable Staff to research
alternative plans which would include special rates
for more groups and not limiting them to just one
group. Motion carried: 6 Yeas; 1 Nay --Councilman
Patterson.
August 27, 1992
Page 689
92-51B-689-464
(12.) ORDINANCE #9544--Zone Case #1123-
Liu I vt I -- Flu I U a FUU I I %- I IK;Q 1 11-1 w , Wllll- . -M---
Putt -Putt Golf Courses of America, Inc. for a zoning
change from C-3 to C-4 to C-4 Specific Use (for a
,4- �+,+4— kn++inn pnnal nn In+ Ing-A MidwAv Park
Addition.
ORDINANCE #9544
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.
1123-B; A ZONING CHANGE FROM C-3 TO C-4 SPECIFIC USE FOR A SIX STATION
BATTING CAGE ON LOT 306-A, MIDWAY PARK ADDITION, LUBBOCK, TEXAS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Mayor Langston recused himself from voting on this
item due to a perceived conflict of interest.
Mayor Pro Tem Trejo opened the public hearing at
11:07 a.m.
Charlie Zeni appeared on behalf of Putt Putt Golf
Courses of America, Inc. to present this request for
zone change.
There was no opposition. Mayor Pro Tem Trejo closed
the hearing at 11:09 a.m.
David Jones, Director of Planning, stated that the
Specific Use section of the Zoning Ordinance has
been used in the past for batting cage requests
since this is not a listed "permitted use" in the
C-4 zone, and none of the requests previously
approved have been installed.
Mr. Jones gave the adjacent land uses as follow:
North - undeveloped C-3
South - City water storage facility
East - playa lake
West - commercial
According to Staff memo, the request is consistent
with both zoning policy and the Comprehensive Land
Use Plan, and the massiveness of the cages will have
limited visibility because of their location at the
rear of the property. The east course will be
removed and replaced with the batting cages.
The proposal should have little effect on traffic in
the area. The Planning and Zoning Commission
recommended approval of this request and Staff
supported their recommendation.
Motion was made by Councilman Patterson, seconded by
Councilman Aderton to pass on first reading
Ordinance #9544 as recommended by P&Z and City
Staff. Motion carried: 6 Yeas; 0 Nays;
1 Recused--Mayor Langston.
August 27, 1992
Page 698
92-51B-698-472
9.) Consider Resolution #3947 approving plans and
specifications for paving improvements in portions
of alleys.
RESOLUTION #3947
WHEREAS, the City Council July 9, 1992, passed Resolution No. 3924
providing for the improvements of portions of alleys in the City of
Lubbock, Texas, and along the boundaries of said City, and directing
preparation of plans and specifications covering the alleys as named in
said Resolution; and
WHEREAS, the City Engineer has prepared and filed with the City
plans and specifications for such improvements, and same have been
examined; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the plans and specifications submitted by the City Engineer
covering improvements contemplated by said Resolutions BE and the same
are hereby approved.
Passed by the City Council this 27th day of August, 1992.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
IsZ Larry D. Hertel
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
This Resolution is the second of five resolutions
required for an Assessment Paving Program. The
first Resolution #3924 directing the preparation of
plans and specifications for these alleys was passed
by City Council on July 9, 1992. Two alleys
(described in Resolution #3924) were petitioned to
be paved.
On assessment paving programs, the City is required
by State Law to participate in a minimum of 10% of
the costs associated with these improvements, and in
order for the process to move forward, Staff
recommended approval of this Resolution.
Motion was made by Mayor Pro Tem Trejo, seconded by
Councilman Aderton to authorize Resolution #3947 as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
August 27, 1992
Page 699
92-51B-699-473
(10.)
RESOLUTION #3948
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
Alley Use License Agreement between the City of Lubbock and Bell Dairy
Products, Inc., attached herewith, which shall be spread upon the
minutes of the Council and as spread upon the minutes of this Council
shall constitute and be a part of this Resolution as if fully copied
herein in detail.
Passed by the City Council this 27th day of August, 1992.
/s/ David R. Langston
DAVID R. LANGSTON, 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/ Harold Willard
Harold Willard, Assistant City
Attorney
August 27, 1992
Page 700
ALLEY USE LICENSE
THE STATE OF TEXAS
COUNTY OF LUBBOCK•
This indenture made this 27th day of August, 1992, being the date
of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule
Municipal Corporation, and BELL DAIRY PRODUCTS, INC., of Lubbock County,
Texas, hereinafter called "LICENSEE."
WITNESSETH:
Subject to the terms, conditions and provisions herein, the CITY
OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and
license to use a portion of dedicated alley for an overhead truss and
pipelines, to -wit:
A portion of a 20 foot alley located in Block 1, Perkins
Subdivision of Blocks 17, 18, 19, 20 and 21, Roberts and
McWhorter Addition to the City of Lubbock, Lubbock County,
Texas, being further described as follows:
BEGINNING at a point in the North line of a 20 foot alley
which bears West a distance of 267.20 feet from the
Southeast corner of Lot 8, Block 1, Perkins Subdivision of
Blocks 17, 18, 19, 20 and 21, Roberts and McWhorter Addition
to the City of Lubbock, Lubbock County, Texas;
THENCE East, along the North line of said alley, a distance of
20.00 feet;
THENCE South, a distance of 20.00 feet to a point in the South
line of said alley;
THENCE West, along the South line of said alley, a distance
of 20.00 feet;
THENCE North, a distance of 20.00 feet to the POINT OF
BEGINNING.
The term of this grant shall be for five (5) years from date
hereof, and shall be automatically extended for successive five (5) year
terms not to exceed twenty (20) years in any event unless either party
shall give written notice of termination to the other party before the
expiration of the first, second or third five (5) year term, as the case
may be, and the CITY OF LUBBOCK retains the right at its election to
cancel and revoke this license, with or without cause, upon notice to
LICENSEE. Said notice shall be deemed properly served if deposited in
the post office, postage paid, addressed to LICENSEE at 201 University
Avenue, Lubbock, Texas, 79415, or the last known address of LICENSEE.
Upon the expiration or cancellation and revocation of this license
by the CITY OF LUBBOCK, or the abandonment of this license by the
LICENSEE, the improvements that are permitted under this license shall
be removed by the LICENSEE and the property shall be restored to its
original condition at no cost or expense to the CITY OF LUBBOCK. In the
event LICENSEE fails or refuses to remove such improvements after demand
by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall take possession and
remove or cause to be removed such improvements, and the expense
incurred shall be assessed against LICENSEE, for which LICENSEE shall be
liable. LL
August 27, 1992
Page 701
1. LICENSEE shall pay to the CITY OF LUBBOCK as compensation
for such grant the sum of TWO HUNDRED FIFTY AND NO/100 DOLLARS ($250.00)
cash in advance contemporaneously with the acceptance and execution
hereof by LICENSEE for the first five (5) year term of this license, and
thereafter such rate of compensation may be changed for each succeeding
five (5) year term by the CITY OF LUBBOCK to a rate of compensation
which is based on procedures and policies as established by the City
Council of the CITY OF LUBBOCK, based on an appraisal of the fair market
value of such land by the Right -of -Way Department of the CITY OF
LUBBOCK, as applied to the formula for determining such rate established
by the City Council. If such rate is not changed by the CITY OF
LUBBOCK, the rate for the preceding five (5) year term shall apply. The
CITY OF LUBBOCK shall notify the LICENSEE of any change in rates in
writing before the start of the five (5) year term to which such change
in rate shall apply, and if such notification is not made, then the rate
for the preceding five (5) year term shall apply.
2. The LICENSEE agrees to pay all costs arising out of the
exercise of this license herein granted including, but not limited to,
the replacement and repair of paving, sidewalks and utilities of any
nature damaged as a result of the construction authorized by the
license.
3. In the event the CITY OF LUBBOCK determines that the license
herein granted interferes with or causes the rerouting or realignment of
any public utility, franchised utility or sanitary or storm sewer line
constructed or to be constructed by the CITY OF LUBBOCK or franchised
utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK or such
utility, as the case may be, for its expense in relocating or rerouting
due to LICENSEE'S use herein.
4. This license is not transferable by the LICENSEE without
first receiving the written consent of the City Manager of the CITY OF
LUBBOCK.
5. This license is made subject to the condition that should
the LICENSEE exercise any right under this license and prepare or begin
or complete any part of the construction as herein contemplated across
any or all of the above described property, then and in that event said
LICENSEE, its successors and assigns will at all times defend, indemnify
and otherwise hold the CITY OF LUBBOCK, its agents, servants and
employees harmless from any and all claims, demands, actions, causes of
action, suits at law or in equity of whatsoever kind or nature which may
grow out of or be related to the making of this license or the
construction or use permitted herein. The CITY OF LUBBOCK, at its
option, may require an agreement with any contractors hired by LICENSEE
to perform the construction, repair or maintenance permitted herein,
which agreement will indemnify the CITY OF LUBBOCK from and against all
claims, liability, cost and expense growing out of the performance of
the work to be done by such contractors. The CITY OF LUBBOCK may
further require any of said contractors, when engaged in the
construction, repair or maintenance permitted herein, to furnish,
without expense to the CITY OF LUBBOCK, a reliable surety bond, in an
amount and in a form satisfactory to the said CITY OF LUBBOCK,
guaranteeing the faithful performance of all the terms, covenants and
conditions contained in said agreement, and a certified copy of a policy
of public liability insurance assumed by said contractors in said
agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give
notice to LICENSEE prior to incurring any costs or expenses or the
payment of any such claims or demands in order to give LICENSEE a
reasonable opportunity to settle or adjust the same.
6. LICENSEE agrees and is required to furnish a policy of
public liability and property damage insurance within limits specified
by, and in a form satisfactory to, the City Attorney for the CITY OF
LUBBOCK, and which names the CITY OF LUBBOCK as the insured, said policy
covering the uses herein granted.
August 27, 1992
Page 702
7. All of the covenants and provisions of this license shall be
binding upon and inure to the benefit of the successors, legal
representatives, assigns and the duly authorized agents and contractors
of the parties hereto to the same extent and effect as the same are
binding upon and inure to the benefit of the parties hereto, but no
assignment hereof by the LICENSEE, its successors or assigns shall be
binding upon the CITY OF LUBBOCK without the consent of the CITY OF
LUBBOCK in each instance, except as specified in numbered paragraph four
(4).
8. LICENSEE, by the acceptance of the uses permitted herein,
understands and agrees that no interest, title or rights of possession
are intended or implied except those expressly set forth herein, and
LICENSEE waives any and all claims in and to the public way it is
permitted to use hereby and agrees to give peaceful possession of said
property covered herein upon termination or cancellation of this
license.
BY:/s/ David R. Langston
DAVID R. LANGSTON, 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/ Harold Willard
Harold Willard, Assistant City
Attorney
AGREED TO AND ACCEPTED this 17th day of September, 1992.
BELL DAIRY PRODUCTS, INC.
BY:/s/ Walter Kohl
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for
said County, Texas, on this day personally appeared DAVID R. LANGSTON,
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 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 1st day of September,
1992.
/s/ Olivia R. Solis
Notary Public in and for
the State of Texas
August 27, 1992
Page 703
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and for
said County, Texas, on this day personally appeared Walter Kohl known to
me to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that he executed the same for the purposes and
consideration therein expressed and in the capacity therein stated as
the act and deed of BELL DAIRY PRODUCTS, INC.
1992. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 17th day of September,
/s/ Joan C. Seal
Notary Public in and for
the State of Texas
This License is necessary for the use of the alley
between 2nd Street and 2nd Place, east of University
Avenue. Bell Dairy plans to build an overhead truss
across this alley which will support several pipes
for their dairy food production business, and the
area of the alley needed is 20' by 20' for a total
of 400 square feet. This property has been valued
by the Lubbock Central Appraisal District at 75¢ per
square foot and using the alley -use valuation
formula for an aerial encroachment, Staff obtained a
value of: 75¢ X 400 sq. ft. _ $300, 10% of 75% of
$300 = $22.50. The minimum yearly fee for an Alley
Use License is $50, so Bell Dairy will be charged
the minimum fee of $50 per year, $250 for each
5-year term in advance and length of the License is
for 20 years.
Staff recommended approval of this License.
Motion was made by Mayor Pro Tem Trejo, seconded by
Councilman Aderton to authorize Resolution #3948 as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
92-51B-703-474
(11.) ORDINANCE #9543--Off-Airport User Fee Ordinance for
Off -Airport Ground Transportation Services
ORDINANCE #9543
AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF THE ORDINANCES OF
THE CITY OF LUBBOCK, TEXAS, BY ADDING THERETO A NEW ARTICLE III,
ENTITLED "AIRPORT GROUND TRANSPORTATION SERVICES," WHICH DEFINES WORDS
AND PHRASES; PROHIBITS CERTAIN INDIVIDUALS AND BUSINESSES FROM PROVIDING
SUCH SERVICES WITHOUT A PERMIT; DESCRIBES THE PROCEDURE AND REQUIREMENTS
FOR OBTAINING A PERMIT; REQUIRES PERMIT HOLDERS TO INDEMNIFY THE CITY,
MAINTAIN RECORDS, AND IN SOME CASES TO PAY USER FEES FOR THE PRIVILEGE
OF UTILIZING AIRPORT FACILITIES FOR BUSINESS PURPOSES; PROVIDES
PROCEDURES FOR REVOCATION OF PERMITS; PROVIDES FOR A SAVINGS CLAUSE;
PROVIDES FOR PUBLICATION; AND PROVIDES A PENALTY FOR VIOLATION OF THE
TERMS OF THE ARTICLE.
August 27, 1992
Page 704
On August 13, the City Council approved the
Off -Airport Fees Ordinance with the following
amendments for second reading.
1. That Off -Airport rent -a -car
companies be exempt from the fee on
the first $25,000 of gross receipts
each year.
2. That hotel/motel shuttle operators
pay $200 annually as a permit fee,
to be adjusted annually by the CPI,
and no user fee.
According to Staff memo, these changes were
incorporated into the ordinance as follow:
Paragraph page 6 Sec. 5-52 (b) which now reads
as revised:
"The annual fee for a permit for off -airport
operators classified in accordance with Secs.
5-55(a)(1) and (a)(2) of this Article will be
Fifty Dollars ($50.00), payable upon
submission of an application for such permit.
The annual fee for a permit for off -airport
operators classified in accordance with Sec.
5-55(a)(3) of this Article will be Two Hundred
and No/100 Dollars ($200.00) payable upon
submission of an application for such permit
and will automatically be revised upward or
downward beginning on January 1, 1993, and on
January 1 of each ensuing year in accordance
with the percentage increase or decrease for
the previous twelve (12) months in the
Consumer Price Index published by the United
States Department of Labor. All permit fees
will be non-refundable."
Sec. 5-55(1)&(3) which now reads, as revised:
"(1) Car or Truck Rental Companies - Nine
Percent (9%) of gross receipts from
airport -generated business which exceed
$25,000 in any calendar year.
(3) Hotels/Motels - No additional fee."
Larry Cunningham, City Manager, stated that the
above changes have been incorporated in the
ordinance.
Subject to the changes by City Council on the first
reading ordinance, Staff recommended approval of
this ordinance on second reading.
Motion was made by Mayor Pro Tem Trejo, seconded by
Councilman Aderton to pass on second and final
reading Ordinance #9543, with changes noted above.
Motion carried: 7 Yeas; 0 Nays.
Mayor Langston announced that Special Public Hearing Item Vs 16-20
would be considered at the scheduled time of 5:30 p.m.
August 27, 1992
Page 705
92-51B-705-475 - 4,
(21.) Consider acceptance of 1.424 acres of land in the
Gifford -Hill Replat Addition.
Larry Cunningham, City Manager, stated that the
Canyon Lakes Residential Treatment Center has
executed a Warranty Deed from the Canyon Lakes
Residential Treatment Center to the City of Lubbock
for land containing 1.424 acres. SBA, Plains
National Bank, and the Board of Directors of the
Canyon Lakes Residential Treatment Center have
executed all the appropriate documents to consummate
the dedication of land to the City of Lubbock.
Staff has reviewed all relevant deeds and received
approval from TP&W to proceed with the transfer of
the property to the City of Lubbock and recommended
approval.
Motion was made by Councilman Neugebauer, seconded
by Councilman Cooke to accept 1.424 acres of land in
the Gifford -Hill Replat Addition as recommended by
Staff. Motion carried: 6 Yeas; 0 Nays --Councilman
Ince absent from the Council Chambers.
uzpflmffi�' 0,
(22.) Consider Ordinance #9548 authorizing an Access
Easement at the Canyon Lakes Residential Treatment
Center in the Gifford -Hill replat Addition to the
City of Lubbock (2402 Canyon Lakes Drive).
ORDINANCE #9548
AN ORDINANCE AUTHORIZING RATIFICATION AND CONFIRMATION OF ACCESS
EASEMENT IN GIFFORD-HILL ADDITION REPLAT BY CITY OF LUBBOCK IN EXCHANGE
FOR CONVEYANCE TO CITY OF LUBBOCK OF CERTAIN PROPERTY.
According to Staff memo, the Canyon Lakes Treatment
Center applied for a permit in 1987 to construct the
building on property overlooking the Canyon Lakes
just east of University. The Treatment Center was
constructed with the primary access crossing park
land from the Canyon Lakes Drive. The Planning
Department approved the construction of the facility
and the access based on the past experience with the
State of Texas, Texas Parks & Wildlife Department,
which traditionally would approve easements across
park land in exchange for additional land to be
dedicated for park usage, which was similar in size.
In 1988, the owners of the Treatment Center
dedicated additional land comparable to the square
footage of the Easement. However, the dedication of
the additional square footage was not accepted by
Texas Parks & Wildlife Department and the City of
Lubbock and the Board of Directors for the Treatment
Center began an immediate mitigation process. This
process took several years and a plan was submitted
and approved by TP&W and the National Parks Service.
August 27, 1992
Page 706
The Board of Directors of Canyon Lakes Treatment
Center have agreed to the mitigation program
proposed by Texas Parks & Wildlife. The Treatment
Center will deed over to the City of Lubbock 1.4
acres of property that is acceptable to TP&W for
park use in exchange for dedication of an Access
Easement to their facility from the Canyon Lakes
Road to ensure that the Canyon Lakes Treatment
Center access through the park land. In addition,
the City of Lubbock will provide landscape
improvements on the 1.4 acres during the next two
years.
The Canyon Lakes Residential Treatment Center has
executed a Warranty Deed from the Canyon Lakes
Residential Treatment Center to the City of Lubbock
for land containing 1.424 acres; SBA has executed a
partial release of Deed of Trust covering the
property; Plains National Bank is scheduled to
execute a partial release of Deed of Trust covering
the property; and the Board of the Canyon Lakes
Residential Treatment Center has executed a
Resolution approving the dedication of this property
to the City of Lubbock. These documents will
consummate the dedication and thereby satisfying
TP&W concerns.
Recently, Texas Parks & Wildlife Department rejected
a grant application submitted by the Water Utilities
Department for a boat ramp at Lake Alan Henry
because park land was taken out of service and the
Easement was not in compliance with TP&W standards.
Staff was informed that these actions will bring
this parcel of land into compliance and TP&W will
reconsider the grant application submitted by the
Water Utilities Department.
Staff has reviewed all documents and recommended
passage of the Ordinance that would authorize and
dedicate the Access Easement to the Canyon Lakes
Residential Treatment Center.
Motion was made by Councilman Neugebauer, seconded
by Councilman Cooke to pass on first reading
Ordinance #9548 as recommended by Staff. Motion
carried: 6 Yeas; 0 Nays --Councilman Ince absent
from the Chambers.
August 27, 1992
Page 707
92-51B-707-477
(23.)
RESOLUTION #3949
WHEREAS, the Texas Industries for the Blind and Handicapped is a
private non-profit corporation which helps provide employment through
the State Use Program for Texans who are blind and/or severely disabled;
and
WHEREAS, marketing the products and services of these exceptional
Texans, the Texas Industries for the Blind and Handicapped serves as the
interface between the vocational rehabilitation and the purchasing
system of the State, and of cities, counties and school districts
located within the State; and
WHEREAS, the City of Lubbock has been advised of the products and
services produced and offered by the blind and disabled citizens of
Texas; and
WHEREAS, the City of Lubbock has utilitized products and services
provided by these exceptional Texans; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
THAT the City of Lubbock will explore with the Texas Industries
for the Blind and Handicapped new areas of business endeavors for the
purpose of determining how best to utilize the products and services of
these exceptional Texans who are blind and/or severely disabled.
Passed by the City Council this 27th day of August, 1992.
/s/ David R. Langston
David R. Langston, 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/ Harold Willard
Harold Willard
Assistant City Attorney
Charles Hastings, Executive Director of the Texas
Industries for the Blind and Handicapped, made a
presentation to the City Council in Work Session
promoting support of the products and services
produced by the Texas Industries for the Blind and
Handicapped as well as other work centers, such as
the MHMR, Goodwill Industries, and the Lighthouse
for the Blind. The City of Lubbock has participated
and purchased services and goods from these
organizations for several years.
August 27, 1992
Page 708
According to Staff memo, the City of Lubbock may do
business with these organizations without taking
bids. The City has been doing that for some time
and will continue to support this effort and utilize
those products and services provided through this
organization as long as it can benefit the City of
Lubbock.
This Resolution is to recognize and support this
organization and Staff recommended approval.
Motion was made by Councilman Patterson, seconded by
Councilman Aderton to authorize Resolution #3949 as
recommended by Staff. Motion carried: 6 Yeas; 0
Nays --Councilman Ince absent from the Chambers.
The City Council recessed at 11:40 a.m.
92-51B-708-478
(25.) Hold an Executive Session to discuss personnel
matters regarding duties, responsibilities, and/or
appointments to:
92-51B-708-479
(24.)
Canadian River Municipal Water Authority
Lubbock Industrial Development Corporation
MHMR Board of Trustees
MHMR Public Responsibility Committee
Keep Lubbock Beautiful Advisory Board
Human Relations Commission
Permit and License Appeal Board
Municipal Garden and Arts Center Advisory Board
Stormwater Advisory Committee
Community Services Commission
Electric Utility Board
Urban Design and Historical Preservation
Commission
City Manager, City Attorney and City Secretary.
August 27, 1992
Page 709
92-51B-709-480
(26.) Consider one appointment to the Canadian River
Municipal Water Authority. The term of George C.
Wilson expired July 31, 1992.
RESOLUTION #3950
THE STATE OF TEXAS §
CITY OF LUBBOCK §
COUNTY OF LUBBOCK §
ON THIS, the 27th day of August, 1992, the City Council of the
City of Lubbock, Texas, met in regular session with 7 members present,
when among other business transacted, the following action was taken:
The Mayor introduced the following resolution:
WHEREAS, the City Council of this City heretofore elected Leroy
Montoya as a member of the Board of Directors of the Canadian River
Municipal Water Authority for the term ending August, 1992, pursuant to
the provisions of Chapter 243 of the laws passed by the Regular Session
of the Texas Legislature in 1953, and,
WHEREAS, such office has now become vacant by reason of Term
Expiration, and
WHEREAS, in the performance of its duty to do so under said law,
this City Council desires to officially elect a person qualified to fill
the vacancy occasioned as aforesaid, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
1. That Leroy Montoya, a qualified voter and a property owning
taxpayer of the City of Lubbock who is not a member of the governing
body or an employee of said City, be and is hereby elected to the Board
of Directors of the Canadian River Municipal Water Authority for the
term beginning August 27, 1992 and ending July 31, 1994.
2. The director elected as aforesaid shall be certified to the
Board of Directors of the Canadian River Municipal Water Authority by
the Mayor of this City and shall otherwise qualify in the manner
prescribed by the above mentioned law relating to said Authority.
The above resolution having been read, the motion of T. J.
Patterson for its passage was duly seconded by Randy Neugebauer.
Thereupon, the Mayor put the motion to a vote by the City Council and
the motion carried by the following vote: "AYE" (7) "NO" (0).
The Mayor declared the motion carried and the resolution adopted.
PASSED AND APPROVED, this the 27th day of August, 1992.
/s/ David R. Langston.
David R. Langston, Mayor
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
August 27, 1992
Page 710
THE STATE OF TEXAS §
CITY OF LUBBOCK §
COUNTY OF LUBBOCK §
I, the undersigned, City Secretary of the City of Lubbock, Texas,
DO HEREBY CERTIFY that the above and foregoing is a true and correct
copy of a resolution of the City Council of said City passed and adopted
on the 27th day of August, 1992, as same appears of record in Book 51B,
Page et seq., of the Minutes of said City Council.
WITNESS MY HAND AND SEAL OF THE CITY OF LUBBOCK, TEXAS, this the
27th day of August, 1992.
/s/ Ranette Boyd
Ranette Boyd, City Secretary
Motion was made by Councilman Patterson, seconded by
Councilman Neugebauer to appoint Leroy Montoya to
the Canadian River Municipal Water Authority.
Motion carried: 7 Yeas; 0 Nays.
92-51B-710-481
(27.) Consider four appointments to the Lubbock Industrial
Development Corporation. The terms of Alan Henry.
Moises Perez, George Scott, Jr., and David Seim
expired July 24, 1992.
Motion was made by Councilman Patterson, seconded by
Councilman Neugebauer to reappoint David Seim and to
appoint R.J. Givens, Sr., John Cervantez, and Nancy
Patton to the Lubbock Industrial Development
Corporation. Motion carried: 7 Yeas; 0 Nays.
92-51B-710-482
(28.) Consider three appointments to the MHMR Board of
Trustees. The terms of Jan R. Rigsby and Brian
Shannon will expire August 31, 1992, and Jim Kimmel
is deceased.
Motion was made by Councilman Patterson, seconded by
Councilman Neugebauer to reappoint Brian Shannon and
to appoint Windy Sitton and Harold Chapman to the
MHMR Board of Trustees. Motion carried: 7 Yeas; 0
Nays.
92-51B-710-483
(29.) Consider two appointments to the MHMR Public
Responsibility Committee. The terms of Louise
Cummins and Jim Bertram will expire August 31, 1992.
Motion was made by Councilman Patterson, seconded by
Councilman Neugebauer to reappoint Jim Bertram and
to appoint Gloria Galey to the MHMR Public
Responsibility Committee. Motion carried: 7 Yeas;
0 Nays.
August 27, 1992
Page 711
92-51B-711-484
(30.) Consider seven appointments to the Keep Lubbock
Beautiful Advisory Board. The terms of Denny Graham,
92-51B-711-485
(31.)
92-51B-711-486
(32.)
92-51B-711-487
(33.)
92-51B-711-488
(34.)
April 12, 1992.
Motion was made by Councilman Patterson, seconded by
Councilman Neugebauer to reappoint Denny Graham,
Nancy Badley, Art Hollingsworth, Melanie Barnes,
Matt Malouf, and Martha Edwards and to appoint
Charles Johnson to the Keep Lubbock Beautiful
Advisory Board. Motion carried: 7 Yeas; 0 Nays.
Consider seven appointments to the Human Relations
Quirino resigned.
Motion was made by Councilman Patterson, seconded by
Councilman Neugebauer to reappoint Betty Wheeler and
Beatrice Narvaiz and to appoint Victor Hernandez,
Eddie Anaya, Bennie Brito, Carmen Neely, and Dwight
Pierce to the Human Relations Commission. Motion
carried: 7 Yeas; 0 Nays.
Consider two appointments to the Permit and License
Appeal Board. The terms of Dorothy Phea and Chuck
Key expired April 27, 1992.
Motion was made by Councilman Patterson, seconded by
Councilman Neugebauer to reappoint Chuck Key and to
appoint D.C. Kinner to the Permit and License Appeal
Board. Motion carried: 7 Yeas; 0 Nays.
Consider nine appointments to the Municipal Garden
Motion was made by Councilman Patterson, seconded by
Councilman Neugebauer to hold appointments to this
board. Motion carried: 7 Yeas; 0 Nays.
Consider fifteen appointments to the Stormwater
Advisory Committee.
Motion was made by Councilman Patterson, seconded by
Councilman Neugebauer to appoint Larry Elliott and
Carlos Thornton (Playa Lakes Study Committee),
Delbert McDougal (Realtors), Gary Rothwell
(Developers), Vic Hines and Charley Trimble (Owners
of Large Property), R.B. Terrell and Melanie Barnes
(General Public), Quincy White, Robert Dominguez,
and John Zwaicher (Chambers of Commerce), Eddie
Moreno and Stan Weaver (Civic Groups), Rev. G.E.
O'Neal (Churches), and Dr. Steven Lemley (Schools)
to the Stormwater Advisory Committee. Motion
carried: 7 Yeas; 0 Nays.
August 27, 1992
Page 712
92-51B-712-489
(35.)
92-51B-712-490
(36.)
92-51B-712-491
(37.)
Consider three appointments to the Community
Motion was made by Councilman Patterson, seconded by
Councilman Neugebauer to appoint Stanley Chatman
(Schools-LISD), Dr. Robert Ewalt (Schools-TTU), and
Christine Carrizales (Neighborhood Association) to
the Community Services Commission. Motion carried:
7 Yeas; 0 Nays.
Consider one appointment to the Electric Utility
Board. The term of Marta Rosas, who declined
appointment, will expire June 30, 1994.
Motion was made by Councilman Patterson, seconded by
Councilman Neugebauer to appoint Marjorie Kastman to
the Electric Utility Board. Motion carried: 7
Yeas; 0 Nays.
Consider six appointments to the Urban Design and
Lady Brown, and Dr. Joseph King will expire
September 14, 1992.
Motion was made by Councilman Patterson, seconded by
Councilman Neugebauer to reappoint David Miller and
to appoint Michael Peters, Jim Shearer, Eddie Dixon,
David Driskill, and Camilo Martinez to the Urban
Design and Historical Preservation Commission.
Motion carried: 7 Yeas; 0 Nays.
Mayor Langston reported that in Executive Session Council agreed on an
Evaluation Procedure for City Manager, City Attorney and City Secretary
which would culminate in formal review at the September 10, 1992
Executive Session.
92-51B-712-492
(16.) Hold a public hearing on the Proposed 1992-93
Budget.
The Proposed Budget was filed, as required by State
law, with the City Secretary on August 7, 1992, and
notices regarding the Public Hearing were printed in
the Lubbock Avalanche Journal and the West Texas
Hispanic News.
According to Staff memo, MHMR will be asking the
City to provide financial help for a portion of the
match monies required by the Agency to obtain
General Revenue Sharing Funds from the State of
Texas, They are searching for a total match of
$577,932 and also plan on approaching four adjoining
counties (Lynn, Crosby, Cochran and Hockley),
Lubbock County and Lubbock Independent School
District. The letter indicates that the Lubbock
County Hospital District is providing some local
funding.
August 27, 1992
Page 713
Mayor Langston opened the public hearing at 5:39
p.m. and asked that City Manager Larry Cunningham
give an overview of the proposed budget for 1992-93.
Mr. Cunningham stated that the proposed budget is
for October 1, 1992 - September 30, 1993, inclusive,
and consists of five parts.
(1) General Fund/Debt Service Budget --
Tax supported. According to Mr.
Cunningham, the proposed General
Fund Budget is based on the existing
tax rate of $.64 per $100 valuation,
which has been in effect since 1988-
89, when it was raised from $.61 to
increase public safety operations.
Mr. Cunningham pointed out that the
City has been notified by the
Central Appraisal District that the
City will receive $492,828 less in
property taxes than in the current
year. This is due to the decline in
property tax valuations for the City
and County of Lubbock, and is the
first time in 20-25 years the City
has experienced a decrease of this
magnitude. Mr. Cunningham stated
that property taxes make up 29.2% of
the revenue for the General Fund;
sales taxes provide 25.6%; and other
taxes, i.e. franchise, etc.
represent 8.6%; and licenses and
permits represent 1.3%.
Mr. Cunningham related that two expanded
level programs are recommended in the
General Fund: a part-time plumbing
inspector--$10,000; an enhanced building
permit system which will allow upgrading
current system to the central computer and
will provide a one -stop service for the
public--$7,000.
According to Mr. Cunningham, the proposed
budget includes a 2% salary increase for
non -civil service and civil service
employees and capital maintenance reserves
will remain at the current level. He
pointed out additional revenue decreases
from interest income, fine revenues and
bank franchise taxes, and noted the net
result in proposed general fund
expenditures for the coming year is a 1.4%
increase over the current $62,910,913.
Mr. Cunningham noted that 52.3% of the
general fund operations is for public
safety: Fire and Police services. The
next largest expenditures are in the areas
of recreation and culture which include
libraries, and civic center, and represent
16.4% of the operations. Transportation --
Streets and Traffic Engineering represent
8.8%; and public health, 4.4%.
August 27, 1992
Page 714
Mr. Cunningham went on to say that of the
$.64 tax rate, $.40.45 is for General Fund
operations, $.20 is dedicated to pay
bonded indebtedness for the City of
Lubbock general fund operations, and
$.0355 provides for economic development
activities. He advised that the General
Fund presently has fewer employees than a
decade ago.
(2) Enterprise Funds Budget--Self-
supported by fees, rates, or service
charges which cover the cost of
operations. These include water,
sewer, solid waste, golf, airport
and internal service funds.
The Water budget will increase by 3.4% and
will provide for second year funding for
Lake Alan Henry construction and costs
associated with upgrade of the Water
Treatment Plant, and is required for debt
service and capital reserves. Operating
expenditures are projected to decrease.
Mr. Cunningham noted the requirement for
an additional chemist at the Water
Laboratory to perform analysis required by
the Safe Water Drinking Act. The costs
for this position are $30,266.
To fund the budget increases, Staff
recommended a 5% increase in water rates
during the coming year. Total
expenditures for operations and debt
service are $28,089,557.
The Sewer Revenue Fund expenditures are
projected at $12,017,546, which is a less
than 1% increase. The Land Application
Site expenditures will decrease because of
conversion of crop acreage to grazing
operations which will require less
staffing, capital and supplies. The major
cost increase is result of debt service
increase of $2.4 million to upgrade/expand
the Water Reclamation Plant, and in
addition, 5 positions must be added to
operate the new treatment plant: 3
operators and 2 mechanics. This is in
response to federally mandated
requirements.
August 27, 1992
Page 715
The Solid Waste Fund expenditures are
projected at $8,585,769 and the primary
cost increases related to the Landfill
cells which must be lined, and a leachate
collection system and water and gas
monitoring wells, in compliance with EPA
requirements. The cost is estimated at $1
million per year. In addition, State Law
requires that the City investigate a
recycling program to reduce Landfill
deposits through recycling by 40%. Mr.
Cunningham noted this program has begun
and will continue to be phased in
throughout the coming year. Operating
expenses will increase about 1.2%, with
the major increase needed for capital debt
service. This will require an increase of
$2.00 per month in the residential rate,
and $4.00 per ton in landfill fees for
commercial haulers.
The Airport Fund is estimated to be
$4,623,178 which includes a 2% increase in
operating expenditures over the current
year. The increase is in response to FAA
requirements for a new security system
which is monitored 24 hours per day. This
is currently be installed and will mean
adding 3 dispatchers at a total cost of
$60,048 annually.
The Golf Revenue Fund proposed
expenditures are $1,132,000.
(3) Electric Revenue Fund Budget--Self-
supported by sale of electricity by
LP&L. This Fund projected increases
of 1/2 of 1% over current
expenditures and the proposed total
is $52,883,164. Mr. Cunningham
advised that LP&L will assume full
cost of street lighting operations
and will provide $175,000 to the
Park Facilities Reserve to assist
with replacement of playground
irrigation systems.
(4) Economic Development Budget --
Supported by ad valorem taxes and
hotel -motel taxes. The portion of
this fund financed by property tax
is $1,618,771 which includes funding
for business development support
services of $151,000, Texas Tech
Small Business Development Center
Programs of $102,225, Bid
Procurement and Government Contracts
Program of $40,000; debt service for
the psychiatric hospital of
$443,750; industrial development
reserves of $882,796.
Mr. Cunningham noted a $253,000 increase
of the $.03 allocation in this budget.
The Lubbock Convention and Visitors Bureau
is funded through hotel/motel tax and
their projected budget is $696,429, which
is a 1.3% increase over the current
funding.
August 27, 1992
Page 716
(5) Capital Projects Budget --Financed by
bond funds, certificates of
obligation, state/federal grants, or
from the Permanent Capital
Maintenance Fund. This budget
contains capital improvements and
major capital equipment purchases.
Mayor Langston then instructed those present
regarding the format for the hearing and asked that
presentations be held to 5-7 minutes.
The following persons presented testimony:
The following spoke in favor of a 4% pay
increase for City employees:
Ralph Bowen, Lubbock Professional Police
Association
Chuck Alexander (also requested consideration of
allowing association dues check -off).
Ronnie Sowell, Lubbock Police Officers
Association (and reminded Council of the
consideration offered by the Lubbock
Professional Firefighters Association and the
Lubbock Professional Police Association to relax
the overtime requirements).
Pete Garza, representing the American GI Forum
John Hye, Firefighter
Dirk Parks, citizen
Dennis Hilliard, Firefighter, (and praised the
good work of City employees).
Floyd Price, Police Officer
Jeff Hilner, LP&L employee (and questioned
privatization).
Richard Lopez, Guadalupe Neighborhood Services
Vivian Hye, wife of Firefighter
Elaine Moncrief, daughter of Firefighter
Linda DeLeon, for 4% increase and against the
contracting of services now provided by the
City.
At this point, assurance was given by Council
that even though City Staff has been directed to
look at privatization of services, nothing will
be done without formal approval by Council.
Discussion regarding the Fair Labor Standards
Act requirements ensued and City Attorney John
Ross and City Manager Larry Cunningham advised
that the current policy is in accordance with
the FLSA rules. Mr. Sowell and Mr. Alexander
pointed out that the current policy reflects the
minimum allowed, but that Council could
authorize an enhancement.
August 27, 1992
Page 717
Dr. S.M. Kennedy, Treasurer of the MHMR Board of
Trustees, requested funding from the City to be used
as a match for state funding received by MHMR and
noted that if funding is not received from the
governmental entities which appoint members to their
board, that state funds may be lost.
Sam Medina, attorney, opposed any reduction in
benefits to City employees.
Cecil Puryear alleged attack by Council on the value
of property and requested the following budget
reductions: Legal Department $150,000; Building
Services $200,000; Tax Appraisal District, $100,000;
Planning Department $200,000; Code Enforcement
$300,000, Parks and Recreation $2,000,000; and
General Multipurpose $456,000.
Kirk Williams, representing SPARTAN, questioned
allocation for Public Information/Customer Service
programs and urged Council to fund at the 90-91
level; questioned outside legal fees and requested
reduction in 1992-93; urged changes in the benefits
package to City Employees by reducing match in
retirement contributions from 2-1 to 1 1/2 - 1, and
closed by asking that study be made of this. He
also questioned updated service credits.
W. B. Matheny protested the increase in garbage
collection rates.
Helen Otkin, Chair of the Libraries Board, expressed
appreciation for past funding.
Sharon Zapata, wife of City employee, requested that
Council not cut benefits to employees.
Dr. Heenen Johnson submitted written testimony
citing Parks Department activities.
Marlene Moore, citizen, spoke against pay increases
for City employees.
Mikel Ward, SPARTAN representative, commented
generally on the budget and asked for Council
consideration of the negative effect of economic
conditions on the private sector.
There being no one else to testify, Mayor Langston
recessed the Council at 8:05 p.m.
Mayor Langston reconvened Council at 8:30 p.m. and
closed the public hearing.
At this point the Mayor and each of the
Councilmembers praised the work of the City
Employees, spoke about their lengthy budget
examination process, commented regarding their
concerns about employee morale and pledged that no
benefit changes were included in this year's budget.
Staff was instructed to investigate and report to
Council regarding changing the policy for overtime
to more than the minimum allowed by the FLSA.
August 27, 1992
Page 718
92-51B-718-493
(17.) Consider Ordinance #9549 adopting the Proposed
1992-93 Budget.
ORDINANCE #9549
AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR FISCAL YEAR
1992-93; APPROVING REVISED BUDGET FIGURES FOR FISCAL YEAR 1991-1992;
PROVIDING FOR NECESSARY TRANSFERS OF FUNDS BETWEEN ACCOUNTS AND
DEPARTMENTS, IF REQUIRED; APPROPRIATING FUNDS FOR THE 1991-92 FISCAL
YEAR BUDGET OF THE CITY OF LUBBOCK; ESTABLISHING CIVIL SERVICE
CLASSIFICATIONS; AND PROVIDING FOR A SAVINGS CLAUSE.
According to Staff memo, adoption of the Budget
Ordinance must precede adoption of a tax rate and
must be considered as a separate item.
Staff written comments further advised that the
budgets for the General, Enterprise and Electric
Funds were 'amended to incorporate changes requested
by Council during the Budget Work Sessions. The
major change was adjustment of the salary increase
amounts from 4 percent to 2 percent. Other changes
in the General Fund include: Reallocating $250,000
in property tax from the General Fund to the
Economic Development Fund; establishing a Special
Projects reserve of $300,000 from 1991-92 and
$160,000 from 1992-93; the Revised Budget for the
Codes department was increased $120,000 to cover
increase demolition and weed violation enforcement;
final general obligation debt service figures
required $85,642 less than anticipated and debt
service for the State Psychiatric Hospital package
will be $31,393 less than projected. The General
Fund savings was placed in the projected ending
balance. The Economic Development savings was
placed in the Industrial Attraction Reserve.
There are also a few changes in the Enterprise
Funds. Solid Waste debt service was lowered by
$88,397 increasing the Rate Stabilization Reserve by
a corresponding amount. Sewer debt service was
increased by $165,393 based on the issuance of State
Revolving Fund bonds for the new wastewater facility
earlier than anticipated. In addition, Land
Application reserves were lowered $111,000 and
revenues were lowered $73,110 based on a further
review of the first year impact of going from a
grain crop to a grazing operation. The new farming
plan will still produce a sizeable savings this year
and a larger increase in future years. The net
result is a decrease in the Sewer Rate Stabilization
reserve from $741,581 to $553,450.
Beyond these changes, the Proposed Budget remains
the same as reviewed and amended by Council during
the Budget Work Sessions held in June and July.
With the exception of changes resulting from the
public hearing, the Budget can be adopted as
proposed.
Motion was made by Councilman Aderton, seconded by
Councilman Cooke to pass on first reading Ordinance
#9549. Motion carried: 7 Yeas; 0 Nays.
August 27, 1992
Page 719
92-51B-719-494
(18.) Consider Ordinance #9550 setting the tax rate for
1992-93.
ORDINANCE #9550
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 1992, 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.
92-51B-719-495
(19.)
The property tax rate for 1992-93 is proposed to
remain at $.64 per $100 of assessed valuation with
$.20 allocated to the Interest and Sinking Fund;
$.4045 allocated to the General Fund; and $.0355
allocated to the Economic Development Fund. This
will be the fifth year for property taxes to remain
at the current rate.
The Proposed Budget shows an increase of $1,039,456
in General Fund property tax revenue due to a change
in the method of paying for enterprise fund general
obligation bonds. The increase displayed in
property tax revenue is offset by a corresponding
decrease in transfers to the General Fund from the
Enterprise Funds. This change is recommended by our
Bond Counsel and does not constitute a revenue
increase to the General Fund.
For the first time in recent history the City will
actually receive less property tax revenue than last
year. Property tax values decreased 1.7 percent,
resulting in a revenue decrease of $492,828. In
addition, Council will recall that $250,000 in
property tax was reallocated from the General Fund
to the Economic Development Fund in order to enhance
the Industrial Development Reserve.
Motion was made by Councilman Neugebauer, seconded
by Councilman Patterson to pass on first reading
Ordinance #9550 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
charges.
ORDINANCE #9551
AN ORDINANCE AMENDING SECTIONS 28-52, 28-53, 28-54, 28-55, 28-56
AND 28-59(d) OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY
REVISING WATER RATES AS CONTAINED IN SECTIONS 28-52 AND 28-53 OF SAID
CODE; ADJUSTING THE WATER RATES CHARGED UNDER SECTION 28-54 APPLICABLE
TO TEXAS TECH UNIVERSITY TO CONFORM WITH NEW SCHOOL RATES APPLICABLE TO
ALL SCHOOLS; AND BY REVISING THE RATES SET FORTH IN SECTION 28-59(d) BY
ESTABLISHING THE COMMERCIAL RATE AS THE RATE TO BE USED IN SAID SECTION
IN COMPUTING THE WHOLESALE WATER RATE (81.17%) TO BE CHARGED TO THE TOWN
OF RANSOM CANYON AND TO LUBBOCK COUNTY WATER CONTROL AND IMPROVEMENT
DISTRICT NO. 1; REQUIRING PUBLICATION AND PROVIDING FOR A SAVINGS
CLAUSE.
August 27, 1992
Page 720
Staff memo noted that the proposed Enterprise Fund
Budget includes a water rate increase averaging 5%
each year for the next three years. The first rate
increase will be effective October 1, 1992, with
following increases on October 1, 1993 and October
1, 1994.
A rate increase is required to meet debt service
payments for Lake Alan Henry construction and
improvements to the Water Treatment Plant in order
to meet current and future environmental
regulations. The proposed water rate structure has
been adjusted to produce "cost of service" rates as
required by the Texas Water Development Board.
One of the requirements of the City's use of the
Texas Water Development Board's State Revolving Fund
(SRF) loan for construction of the new wastewater
facility was ensuring that Staff have a fair and
equitable rate structure. The City engaged the firm
of Ernst & Young to complete a "cost of service"
study and recommend any necessary adjustments.
Ernst & Young classified and segregated costs
associated with various water and wastewater
functions and customers and based on their analysis,
a rate structure was proposed.
There are two primary components to a water rate
structure. The first component is the base rate or
meter charge which is assessed to each customer
regardless of their level of usage. The second is
the flow rate which is the charge assessed per unit
of consumption (1,000 gallons) by the customer.
Lubbock's current water rate assigns the same meter
charge for each size of meter. The current flow
rate has a volume discount rate or declining block
rate which reduces the charge per unit as
consumption increases. Since volume discount rates
discourage water conservation they are highly
discouraged by the Texas Water Development Board.
The rate structure recommended by Ernst & Young was
based on a demand/commodity approach. In this
method a portion of the capital costs is included in
the monthly fixed charge (base rate), which varies
by meter size. The consumption (flow) rate varies
between classes of customers but remains the same
regardless of the amount of water consumed. Since
some capital costs are included in the base rate,
this structure is relatively revenue stable.
Larger water meters have a capability to place more
demand on the water system. Water systems must be
designed and built to provide for peak water demand.
Designing a system for average water consumption
would provide for a shortfall during periods of peak
demand. This increased consumption capability
increases the capital costs for treatment plants,
storage facilities and water mains necessary to
provide this peak demand. Therefore, it is more
equitable to assess a higher meter charge to those
meters which have the capability of producing much
more demand on the system.
August 27, 1992
Page 721
92-51B-721-496
(20.)
The second component in the water rate is the flow
rate which varies with each type or class of
customers. Currently, there are five types or
classes of customers: commercial, single-family
residential,, multi -family residential, school, and
sprinkler systems. Cost of service requirements for
each customer class was based on the average water
use projections and estimates for each customer
class peak demand and metering and billing
requirements. Since the cost of service to
different customer classes varies, the cost per unit
also varies among customer classes.
The proposed rate structure will be favorable to
customers with higher levels of consumption, but
less favorable to those with lower consumption. The
groups which will be affected the most are the
schools, commercial accounts, and sprinkler meters.
The group which will be treated the most favorably
is single-family residences which compose about 80
percent of all water customers. In addition, due to
the higher base rate, customers may see a higher
increase during months of low consumption when
compared to the previous year. However, the
increase will be lower during periods of higher
consumption, making the year-to-year comparison more
favorable when the whole year is considered.
Motion was made by Councilman Neugebauer, seconded
by Mayor Pro Tem Trejo to pass on first reading
Ordinance #9551 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
ORDINANCE #9552
AN ORDINANCE AMENDING CHAPTER 23 OF THE CODE OF ORDINANCES OF THE
CITY OF LUBBOCK WITH REGARD TO FEES FOR SOLID WASTE COLLECTION AND
DUMPING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
The Proposed Enterprise Fund Budget for 1992-93
includes a proposed increase in the residential
solid waste rate and the landfill fees.
The residential collection rate is proposed to
increase from $9 per month to $11 per month
beginning October 1, 1992. In addition, landfill
fees are proposed to increase from $8.50 per ton to
$12.50 per ton beginning October 1, 1992. A rate
increase is required to meet federal and state
environmental requirements at the Landfill, a State
recommended recycling program and the initial costs
of permitting a new landfill site. The landfill
requirements include installation of a water -tight
liner in each landfill cell, a leachate collection
system, water and gas monitoring wells, an
impervious cover and erosion control. Annual costs
for these requirements are projected to be
approximately $1 million.
Approval of the proposed Solid Waste rate increase
is recommended in order to provide the necessary
funding for compliance with federal and state
environmental regulations.
August 27, 1992
Page 722
Motion was made by Councilman Patterson, seconded by
Councilman Aderton to pass on first reading
Ordinance #9552 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
-.1 ..
There being no further business to me befo Counc 'on was made
by Councilman Patterson, seconded b Mayor Pr Tem 'rejo adjourn
meeting at 9:14 p.m. Motion carried 7 Yea i Nays , n
. L-nljy,�IWIA�
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
Read and approved this the 10th day of S e 2.
!A]VID R.19L9ANGSTM, t
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary