HomeMy WebLinkAboutMinutes - City Council - Regular - 3/27/1986137
REGULAR CITY COUNCIL MEETING
MINUTES
MARCH 27, 1986
The City Council of the City of Lubbock, Texas met in regular session on the
27th day of March, 1986 in the City Council Chambers, first floor, City Hall,
1625 13th Street, Lubbock, Texas at 9:00 a.m.
Present: Mayor Alan Henry, Mayor Pro Tem George Carpenter, Councilman T. J.
Patterson, Councilman E. Jack Brown, Councilwoman Joan Baker, Councilwoman
Maggie Trejo, Councilman Bob Nash, City Manager Larry J. Cunningham, City
Attorney John C. Ross, Jr., and City Secretary Ranette Boyd.
Mayor Henry called the meeting to order at 9:00.
86-45-137-215
( 1.) The Invocation was given by Jim Bertram, Assistant City
Manager.
86-45-137-216
( 2.) The Pledge of Allegiance to the Flag was given in unison
by those in the Council Chambers.
86-45-137-217
( 3.) PROCLAMATIONS
"Doctor's Day"
March 30, 1986
"Good Health Week"
March 30 - April 5, 1986
"Language and Learning Disability Awareness Week"
March 30 - April 5, 1986
"Square and Round Dancers Week"
March 30 - April 5, 1986
"Child Abuse Prevention Month"
April, 1986
"Pets are Wonderful Month"
April, 1986
"Meals on Wheels Anniversary Week"
April 1-7, 1986
"Week of the Young Child"
April 6-12, 1986
"Former Prisoner of War Recognition Day"
April 9, 1986
86-45-137-218
( 4.) Motion was made by Councilman Patterson, seconded by
Councilwoman Trejo to approve the Minutes of the March
13, 1986 Regular City Council Meeting as written. Motion
carried: 7 Yeas; 0 Nays
In the Bids and Purchasing section of the March 11
meeting, Bid #8851, items 8 and 13, need to be corrected
to show that Gene Messer Ford was the low bid. Gene
Messer Ford's bid on item 8 should be $12,273.55 and item
13 should be $14,537.66.
86-45-137-219
( 5.) ORDINANCE #8890--Abandoning and closing a portion of 82nd
Street on the south side of Lot 1-A and 2-A, K.F.Y.O.
Addition.
ORDINANCE #8890
1.1 � 1 ::•1
AN ORDINANCE ABANDONING AND CLOSING A PORTIONS OF A FILL SLOPE ON THE
NORTH SIDE OF 82ND STREET, BETWEEN QUAKER AVENUE AND MEMPHIS AVENUE IN THE
CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN
THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE
OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND
CLOSING: PROVIDING A SAVINGS CLAUSF_ AND PROVTDTNG FOR PURR TCATTON_
WarliCk Carr, representing South Plains Broadcasting,
Inc., David Govette and Merle BlOG5er appeared to request
that the appraisal price for this property be lowered
allow the proponent to pay only the Fair Market Value
based on the utility of the property.
This action was originally requested by David Govett8 of
HUO0 Reed Surveyors for GRACO Real Estate Developers,
Inc. 0lAC0 is to purchase the K^F^Y.0. tract and will
fill an area along 82nd Street for C0m08rCidl develop-
ment, and K^F~Y°0. Radio Station will relocate. The
land in question was purchased for the 1-20 slope fill
area for the fill along 82Od Street through CODde0ndti00
proceeding. The City Of Lubbock has expended money On
the fVllVNƒOg;
Land Acquisition Cost $ I6,450.00
Borrow Acquisition Cost 3»600.00
Borrow Relocation Cost 38,385.00
Paving Cost @ $35.50 per
Linear Foot /8USi0es3 Rate) 47,720.88
This represents $I°34 8 square foot for the City/5 cost.
/79,510^15 square feet).
The land around this l0Cdti0O is and has been selling for
$5°50 per square foot, with a S0O}l tract OD the corner
of 82Dd and Quaker hdVfnO been sold three years ago for
$8.20 per square foot. The KFY0 land 15 immediately west
of the area in question.
Right -of -Way appraised the City land at $3.50 per SqUdr8
foot, which is $278,285°52" Staff did however, compute
the C0St of filling the land to curb level and subtracted
same from $3^50 /$4I^985"00\. Right -of -Way then recom-
mended $2.97 per square foot or $236.300°52^ The
proceeds from this land Sale have not been received.
Staff recommended that the closure be made contingent
Up00 the receipt Of these proceeds.
Mr. Carr stated that his clients disagree with Right-
Of-Wav's appraisal and are asking Council to authorize
this sale at d lesser amount.
City Manager Larry Cunningham stated that it would be
advisable for the City to try to recover the $100,000 it
has in this.
Assistant City Manager Jim Bertram stated that the City
does not generally have buyers pay for paving pro rdtd on
land that is below the high-water mark, and Staff could
g0 along with dropping the paving pro rdtd amounts.
Motion was made by Mayor Pro T20 Carpenter, seconded by
C0VOcil0dD Nash authorizing Sd{e of this property for
$58,430, forgiving the paving COstS° It was stipulated
that Staff re -check the figures regarding the fill
materials, and if less fill was actually used, that the
$58,430 be reduced accordingly. Motion carried: 7 Yeas;
0 Nays.
80-45-138-220
/ 5°\ ORDINANCE #8901--Amending Chapter
Ordinances pertaining to Food Processing Permit Fees.
ORDINANCE #8901
ORDINANCE NO. 8901
AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY
OF LUBBOCK, TEXAS, WITH REGARD TO PERMIT FEE AMOUNTS FOR FOOD PROCESSING
ESTABLISHMENTS SUBJECT TO DAILY FEDERAL OR STATE IN3PECTION^, PROVIDING A
PENALTY, ^ PROVIDING A SAVINGS CLAUSE` AND PROVIDING FOR PUBLICATION.
,
85-45-138-221
( 7.\ ORDINANCE #8902--Amending Chapters
ORDINANCE #8902
March 27, 1986
139
n
77
ORDINANCE NO. 8902
AN ORDINANCE AMENDING CHAPTERS 1 AND 23 OF THE CODE OF ORDINANCES OF
THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE SURCHARGE AMOUNT FOR HAULING
GARBAGE AND REFUSE IN AN UNCOVERED VEHICLE AND MAKING THE OWNER OR OPERATOR
OF SUCH UNCOVERED VEHICLE RESPONSIBLE FOR SUCH SURCHARGE AMOUNT; PROVIDING
A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
86-45-139-222
( 8.) ORDINANCE #8904--Amending Ordinance #7809 concerning the
City of Lubbock's Deferred Compensation P and.
ORDINANCE #8904
ORDINANCE NO. 8904
AN ORDINANCE AMENDING ORDINANCE NO. 7809 OF THE CITY OF LUBBOCK, WHICH
ORDINANCE PROVIDED THE PARTICULARS OF A DEFERRED COMPENSATION PLAN FOR CITY
EMPLOYEES, MODIFYING AND CHANGING SAID ORDINANCE TO CONFORM TO CHANGES IN IRS
REGULATIONS.
86-45-139-223
( 9.) ORDINANCE #8868--Levying assessments for paving
improvements on 82nd Street from Universit Avenue to
Avenue U (GWO 9063).
ORDINANCE #8868
ORDINANCE NO. 8868
G.W.O. 9063
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE
COST OF IMPROVING A PORTION OF THE FOLLOWING STREET: 82ND STREET FROM
UNIVERSITY AVENUE TO AVENUE "U", SUCH PORTION BEING MORE PARTICULARLY
DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO
AND MADE A PART HEREOF, SAID PORTION OF SAID STREET BEING IN THE CITY OF
LUBBOCK, TEXAS, AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND
FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATIONS IN EVIDENCE HEREOF, ALLOCAT-
ING FUNDS.
Motion was made by Councilman Patterson, seconded by
Mayor Pro Tem Carpenter passing on second and final
reading Ordinance #'s 8901, 8902, 8904, and 8868 on
recommendation of City Staff. Motion carried: 7 Yeas; 0
Nays.
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me Doaothy Russell
personally appeared Tw i l a A u f i l
pers Corporation, publishers of the Lt
being by me duly sworn did depose and
than fifty-two weeks prior to the first
N
ed copy of the L ega I N o i o
Avalanche -Journal on the following dat(
372 words @ 38t per wor
Account Manager
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me thi
M232OR137
n and for Lubbock County, Texas on this day
a g e r of the Southwestern Newspa-
rnal — Morning, Evening and Sunday, who
)er has been published continuously for more
Legal Notice
ubbock County, Texas and the attached print-
f the original and was printed in the Lubbock
1986
ch 1986
�DORO'!NY SSELL
�Noturq Public 1n A4id For The State Of Texf�
My Commission Expires Nov. 9, 198&
140 March 27, 1986
86-45-140-224
(12.) Zone Case #2458-B (Located at Itasca Street and North
Knoxville Avenue) --Hold a Public Hearing on the request
of P.L. Payne, Jr. and Stephen Payne for P.L. Payne
Producing Royalties, Inc. for a change of zoning from
R-1 to R-1 Specific Use for a Mobile Home Park
on a tract of land out of Section 18, Block A.
Mayor Henry announced that this case would not be heard
until a later meeting because of notification problems.
86-45-140-225
(10.) ORDINANCE #8905--Zone Case #2556--(2510-2618 81st
Street) --Hold a Public Hearing on the request of Roy
Middleton for Lois Alexander, T.J. Clanton, Roy and Mark
Middleton, Clyde R. Owens, and Chris White for a change
of zoning from R-1 and R-2 to GO Garden Offices on
Lots 51 - 58, and 106 - 114, Gatewood Addition.
ORDINANCE #8905
ORDINANCE NO. 8905
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP
OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO.
2556; A CHANGE OF ZONING FROM R-1 TO R-2 TO GO UNDER PROVISIONS OF SECTION
29-29 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, ON LOTS 51 THROUGH
58, AND 106 THROUGH 114, GATEWOOD ADDITION, CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 29-31(a)
OF THE ZONING ORDINANCE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
86-45-140-226
(11.)
Roy Middleton appeared to speak in favor of this request
for zone change to allow for Garden Offices across from
existing C-2 commercial zoning. by Lois Alexander, T.J.
Clanton Mark Middleton, Clyde Owens, Chris White and
himself.
No one appeared in opposition to the request.
Assistant City Manager Jim Bertram related that the
adjacent land use relationships are as follows:
North - Vacant R-1 zoning
South - Existing commercial service and retail, and
one apartment complex
East - Vacant C-2 zoning
West - Vacant R-2 zoning
Mr. Bertram said that in terms of the Comprehensive Plan,
the designation "GO" is appropriate in this location and
meets every aspect of the definition. The Garden Office
District was designed to be an alternative buffer to be
used in place of R-2, A-1, and A-2.
The Planning Commission approved the case and Staff
recommended that the Planning Commission be upheld.
Motion was made by Councilman Nash, seconded by
Councilwoman Baker passing on first reading Ordinance
#8905 as recommended by the Planning and Zoning
Commission and City Staff. Motion carried: 7 Yeas; 0
Nays.
ORDINANCE
ORDINANCE #8906
62nd Street and Slide
1'1 � i S•1.
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP
OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO.
2557; A SPECIFIC USE ZONE CHANGE FROM R-1 TO C-2 SPECIFIC USE PERMIT UNDER
PROVISIONS OF SECTION 29-24(c)(5)a. OF THE ZONING ORDINANCE, FOR A MOTEL ON
LOTS 1 THROUGH 20, BLOCK 16, PIEDMONT ADDITION, CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED
DnD Tnl cf:rTMKI 90-11(n) nr TWC 7nK[TN(r nDnTKiAKirr- DDnVTf1Th1G n covTmn(z rl L111CD
}4}
86-45-I41-227
/l5°\
Gerald Long appeared to Speak On behalf of Presley
Sh0fDer and himself regarding this request for d motel,
an allowable Use in a C-2 District by d virtue of d
Specific Use Permit.
Assistant City Manager Jim Bertram said that the adjacent
land use relationships are as follows:
North - FUrr/s Cafeteria
South - Cr03SrUddS Shopping Center
East - Single-family development
West - South Plains Mall
He indicated that the proposed land use is consistent
with the Slide Road Study and the Comprehensive Land Use
Plan. The required Site Plan is acceptable as per the
development standards in the Ordinance and the Slide Road
Land Use development standards.
Mr. Bertram went on to say that the large vacant tract
that fronts OOt0 Slide Road was the only element of the
Site Plan that came to the attention Of the Commission.
The proponents indicated that they did not have any
proposed land Use to 0cCUKy that site and asked the
CU00iss1OO to approve the Site Plan as presented, which
establishes the perimeter landscape, the building setback
lines, and access. They would Offer to bring back
another Site Plan OO that tract for approval when O use
was secured.
The Planning CO00isSiOO approved the Cds2 subject to the
following conditions:
1. That the closure of 62nd Street be completed .
2~ Meet all requirements of the Slide Road
Development Plan.
3. A Site Plan, including building elevations
showing materials, color and texture shall be
submitted and approved by the Planning and
Zoning C0DnniSsiUO on the entire tract prior to
the issuance of d Building Permit.
4" A Site Plan, including building elevations
showing materials, color and texture shall be
submitted and approved by the Planning and
Zoning Commission OV the western parcel
adjacent to Slide Road prior to the issuance Of
O Building Permit.
The Staff recommended that the Planning CO00isSiOD be
upheld.
No one appeared to speak in opposition to this request.
Motion was made by Councilwoman 8ah8r» seconded by
C0UOCilwVmQO Tr 'V passing UO first reading 0rdiDODC8
#8900 as recommended by the Planning and Zoning Commis-
sion in #/s l^ 2, 3, and 4 above. Motion Carried: 7
Yeas; U Nays.
Consider Resolution #2277 accepting
constructed by Hub My 'Pavers, Inc.
Club Estates Addition, Lots 665-690.
RESOLUTION #2277
mormonmom
ving improvements
WHEREAS, in conformance with the pdViDQ requirement provisions of City
Ordinance 1331, the subdivider Of Lakeridge Country Club Estates Addition,
Lots 665-690 made arrangements with Hub City Pavers, Inc., and Hugo Reed
and Associates, Inc. for the construction Of paving improvements OD certain
streets dedicated in said subdivision under the provisions of said Ordi-
nance prior to the recording Of the subdivision plat of the above -mentioned
addition including the following street:
91st Street from its intersection with a line 7.00 feet north of north
property line Of alley north of 92Od Street to its intersection with
the east property line of Lot 689, LOkeridge Country Club Estates
Addition kO0h0 and designated as New Subdivision Sub -Unit Number 98 Of
Unit Number 203I"
142 March 27, 1986
WHEREAS, the construct -ion of the above improvements on the above -
mentioned street was performed Under the supervision Of the City Engineer,
and Hugo Reed and Associates, Inc. and said improvements have been com-
pleted and have been inspected found to have been constructed in accordance
with City specifications and in accordance with the provisions Of City
Ordinance 1331; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION l" THAT the improvements on said portions of the above -
mentioned streets be and the 8a0g are hereby accepted.
SECTION 2. THAT this Resolution shall take effect and be in force and
effect after its passage.
Passed by the City Council this 27th day of March, 1086.
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Hoffman
Larry V. Hoffman, Director of
Transportation
86~45-142-228
MAYOR/s/ Alan Henry
ALAN HENRY,
John C. Ross, City Attorney
/I6~\ Consider Resolution2278 accepting pavingimprovements
constructed by Williams and Peters Construction compan
Avenue and Niter Avenue).
RESOLUTION #2278
o1:4Z0111r/om
RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES
AS LISTED BELOW AUTHORIZING PAYMENT OF CITY'5 PORTION OF COST.
WHEREAS, the City of Lubbock heretofore entered into contract with
Williams and Peters Construction Company /CDWO 38316 and 38408\ for the
making and COo5trUctiOO of street improvements on portions of Streets and
OYenU8S in Said City, Od087y the following:
Niter Avenue from the south end Of rdd5US Of East Bates Street to the
north raw edge of East 4th Street. Unit #2240-58.
East I9th Street from the east lip line of Quirt AVpOUe to the west
lip line of Spruce AV8DUe" Unit #2240-59°
Spruce 8VenUH and East 19th Street from the South lip line of U.S.
Highway 62-82 to the east end of radius Of Ute Avenue. Unit #2240-60.
WHEREAS, the improvements upon the said portions of the above -mentioned
streets and dVeOV8S have been inspected and found to have been constructed
in accordance with terms of said contract; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION l, THAT the improvements VO said portions of the above -
mentioned streets and dY8nUe3 be and the same are hereby accepted, and the
City Engineer be and he is hereby authorized to direct payment Of the
Citv'5 portion of the final cost in the amount of $20,463.10^
SECTION 2^ THAT this Resolution Shall take effect and be in force
from and after its pdSSdge~
Passed by the City Council this 27th day of March, 1986.
ATTEST:
Alan Henry
ALAN HENRY, MAYOR
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/./ /`~~. 11 u"pr~,^
APPROVED AS TO FORM:
/=/ A"h" r n"ec A,
March 27, 1986
143
Motion was made by Councilman Patterson, seconded by
Councilman Brown authorizing Resolution #'s 2277 and 2278
as recommended by City Staff. Motion carried: 7 Yeas; 0
Nays.
86-45-143-229
(17.) Consider Ordinance #8907 abandoning and closing a portion
of 62nd Street adjacent to Block 16, Piedmont Addition.
ORDINANCE #8907
ORDINANCE NO. 8907
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 62ND STREET ADJACENT
TO BLOCK 16, PIEDMONT ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY,
TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE;
DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF
LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR PUBLICATION.
This closure, located at 62nd Street and York Avenue,
was requested by Gerald Long and is part of a master
development plan for that area. The area to be closed
is 3627.71 square feet (0.083 acres). A preliminary plat
has been filed. There are quite a number of expensive
relocations to be accomplished which will be worked out
by the second reading. The total area to be closed will
be rededicated by plat as a drainage and utility ease-
ment; therefore, there will be no charge to the pro-
ponent.
Motion was made by Mayor Pro Tem Carpenter, seconded by
Councilman Patterson passing on first reading Ordinance
#8907 as recommended by City Staff. Motion carried: 7
Yeas; 0 Nays.
86-45-143-230
(18.) Consider the allocation of Community Development Con-
tingency funds for code enforcement.
During the 1985-86 Community Development Year, the City
Council approved the allocation of $363,665 for code
enforcement activities. Of the total allocation, it is
estimated that $213,000 will be expended on direct
activities. On June 1, 1986, the Community Development
allocation for 12th Year will become available.
The remaining project balance is approximately $25,000
which will not be sufficient to complete the activities
from March through May, and for this reason, a contin-
gency fund allocation of $50,000 was requested to
complete the currently planned activities.
Reasons given for the need to increase the
code enforcement budget are as follow:
1. The increased enforcement of the Minimum
Housing Code.
2. The execution of several large demolition
contracts including the Executive Theatre, Tex
Pac and Forrest Lumber.
3. The annexation of the Carlisle and West Lubbock
area.
4. The alley clean-up activity in Arnett Benson
and Overton neighborhoods.
5. A longer weed growing season this year.
6. Miscellaneous expenses such as collection fees
and Urban Renewal demolition and mowing.
Of the total $213,000, approximately $98,000 will be
spent on weed rubbish removal and $115,000 for demo-
lition.
To date, the code enforcement budget has averaged an
expenditure of $35,000 per month, and of this monthly
ovnonriifII"n d'iI nnn _i__..r.-'_--
144 March 27, 1986
The allocation of $50,000 will enable the code enforce-
ment activity to continue at its current rate to the end
of the C.D. year. Staff recommended approval.
Motion was made by Councilman Brown, seconded by
Councilman Patterson authorizing allocation requested
above. Motion carried: 7 Yeas; 0 Nays.
86-45-144-231
(19.) Consider Resolution #2279 endorsing a priority listing of
area highway improvements.
RESOLUTION #2279
RESOLUTION
A RESOLUTION ENDORSING THE HIGHWAY IMPROVEMENT PRIORITY LISTING AS
ESTABLISHED BY THE HIGHWAYS, STREETS, AND ROAD COMMITTEE OF THE LUBBOCK
CHAMBER OF COMMERCE.
WHEREAS, the Highways, Streets, and Road Committee of the Lubbock
Chamber of Commerce established a priority listing of area highway improve-
ments; and
WHEREAS, this recommended list of highway improvements was submitted
to the Lubbock Chamber of Commerce Board of Directors; and
WHEREAS, the City Council for the City of Lubbock after receiving the
recommendations desires to endorse this highway improvement priority
listing; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the following priority list of area highway improvements proposed
by the Highways, Streets, and Road Committee of the Lubbock Chamber of
Commerce be and is hereby endorsed by the City Council of the City of
Lubbock:
1. Improving and widening of the corridor from Southwest Loop 289
along U.S. 82 to I-27. Major interchanges would be constructed
at U.S. 62/82 and S.H. 114, at U.S. 82 and the 3rd Street/4th
Street corridor, and at U.S. 82 and I-27.
2. The widening of South Loop 289 between I-27 westward to Brown-
field Highway (U.S. 62/82).
3. Upgrading State Highway 114 from Dallas through Lubbock westward
to the New Mexico State line.
4. Endorse and designate a rural "Outer Loop" around Lubbock by
upgrading Farm to Market Highways 1585, 179, 2641 and 1729/835.
5. Funding the various highways necessary to complete the "Port to
Plains" direct route from the high plains to Houston.
Passed by the City Council this 27th day of March, 1986.
/s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Jim Bertram
Jim Bertram, Assistant City Manager
for Development Services
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
This Resolution endorses a priority listing of area
highway improvements as proposed and recommended by the
Highway, Streets and Roads Committee of the Lubbock
Chamber of Commerce. This Resolution 'is to be submitted
to the State Highway Commission at Austin, Texas on March
March 27, 1986
145
Motion was made by Councilwoman Baker, seconded by Mayor
Pro Tem Carpenter authorizing Resolution #2279 as
recommended by City Staff. Motion carried: 7 Yeas; 0
Nays.
86-45-145-232
(20.) Consider five year lease renewal for U.S. Customs Service
.at the Airport.
RESOLUTION #2280
PFqnl 11TTnN
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 Lease No. 86SWO685TX, for space at Lubbock Interna-
tional Airport by and between the United States of America and the City of
Lubbock, attached herewith, which shall be spread upon the minutes of the
Council and as spread upon the minutes of this Council shall constitute and
be a part of this Resolution as fully copied herein in detail.
Passed by the City Council this 27th day of March, 1986.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Marvin Coffee
Marvin Coffee,Directorof Aviation
APPROVED AS TO FORM:
/s/ Michele Hart
Michele Hart, Assistant City
Attorney
86-45-145-233
(21.)
Agreement for Professional
Services Display Advertising
in Files
/s/ Alan Henry
ALAN HENRY, MAYOR
The U.S. Customs Service has leased 648' of space in the
executive terminal at the Airport since July, 1980.
The City was required to provide this space, including
utilities, for a rental fee of $1.00 per year.
Custodial services and replacement of light bulbs is
provided by the lessee. This Agreement needs to be
renewed on a one year basis. The Staff has requested and
received a provision that will require the lessee to
provide any supplemental lighting, heating, or air
conditioning should they install special equipment and/or
modify the space.
The Airport Board has reviewed this Agreement and recom-
mended it to the City Council.
Motion was made by Councilman Nash, seconded by Council-
man Patterson authorizing renewal of the 5-year Lease
Agreement with the U.S. Customs Service at Lubbock
International Airport.
Consider Lease Agreement with Ackerly Airport Adver-
tising, Inc. for Airport display advertising.
RESOLUTION #2281
146 March 27, 1986
ncqNUTT0N
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 OD behalf Of the City of Lubbock an Agreement
for Professional Services Display Advertising by and between ACkerley
Airport Advertising, Inc. and the City Of Lubbock, attached herewith, which
shall be spread upon the minutes of the Council and as spread upon the
minutes Of this Council shall c0OSt1tUt2 and be O part Of this Resolution
as fully copied herein in detail.
Passed by the City Council this 27th day of March, 1986.
Alan Henry
ALAN HENRY, MAYOR
ATTEST:
Ranette Boyd,City Secretary
APPROVED AS TO CONTENT:
MarvinCoffee
Marvin Coffee, Director Of Aviation
APPROVED AS TO FORM:
Michele Hart
Hart,Michele Assistant City
Attorney
ACk2rly Airport Advertising has had the Airport Ad-
vertising Contract for d number of y8dr9~ The current
Contract rU0S until October l, 1987.
Because of the terminal expansion, Staff requested that
Acherly work with the City/s Architect and come Up with
a Plan to match the decor and treatment used in the
building.
The Airport Board has reviewed their plan and recommended
it to City Council.
The following is a summary of the primary Lease Agreement
information:
Party - Ackerly Airport Advertising, Inc.
Type of Agreement - Agreement for professional
services display advertising.
Term - F1Vg (5) years beginning October I, 1987
8Od1Dg OO October I» 1992.
Rental - 50% of gross reYeDU25^ (Based UO billing)
Guarantee - Minimum guarantee be increased from
$4s000 per year to $75,000 per year
after notice of terminal space available
for occupancy.
Special Conditions - A. City has the right to
approve or disapprove
advertising copy.
B. City retains book Of
business.
C. Hold harmless for City and
its agent~
TnSUrdOC2 - General liability combined single limit
$1,008,000"
Provisions of the Lease follow the recommendation Of the
Lease Policy Study.
Motion was made by Councilwoman Tr 'V, seconded by
C0VUcil030 Patterson authorizing a Lease Agreement with
Ack8rly Airport Advertising, Inc., such Lease Agreement
being in conformance with the Airport Lease Policy, and
further as recommended by the Airport Board and City
March 27, 1986 147
86-45-147-234
/22°\ Consider Resolution 2282A h i
execute an option for purchase of r al roperty and
Option Contract in Files consider
funds for the acquis-Ition. allocation of Community Development Contingen
RESOLUTION 228 A
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf Of the City of Lubbock an 0otiOO
Contract by and between MS~ N. D. Smith and the City of Lubbock, attached
herewith, which shall he spread UpOD the minutes oftheCouncil and as
spread UpOD the minutes of this Council shall constitute and be a part Of
this Resolution as fully copied herein in detail.
Passed by the City Council this 27th day of March, 1986.
/s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Jim Weston
Jim WestUD, D7rector of Community
Facilities
APPROVED AS TO FORM:
/s/ Michele Hart
Michele Hart, Assistant City Attorney
Last December, the City Council discussed the possible
purchase of a 5"4 acre tract Of land located northwest of
the intersection of Parkway Drive and Quirt, and UM08d by
Mrs. W.D. Smith. A portion of the Smith property /3°27
acres) was condemned during the Canyon Lakes acquisition
process in the 1970/s^ and d stipulation of the condemna-
tion settlement required the City to remove an old dirt
railroad trestle located on the 5°4 dCr9 tract; this dirt
work has not been d0D8 to date.
Approximately three years ago, the Staff began discus-
sions with Mrs" Smith regarding the possible purchase of
the 5.4 acre tract. Since the CVSt of the dirt removal
had been estimated at $30*000, the Staff thought it would
be wiser to purchase the property than to do the dirt
work if the land could be acquired for d reasonable
price. At that time, however, Mrs. Smith advised that
her selling price would be $60,000° Over the last three
years, Mrs. Smith's asking price has CO0e down. Prior to
the December 12 discussion, Jim Weston understood
Mrs. Smith to state she would be willing to Sell the
property for $40»000 if the City would pay all closing
costs. The Council authorized the Staff to offer
Mrs. Smith $40,000° Following Council action, Mrs. Smith
advised that She would be willing to sell the property
immediately for $42,500 or would Sell for $40,000 if he
date of the Sdl2 is Jan-- 1987. The sale next January
would enable Mrs. Smith to collect revenues Of $3,900
from the land during 1986.
A Purchase 0oti0D Agreement was prepared for Council
consideration. This Agreement provides for an initial
payment Of $250, with d balance Of $39,750 to be paid
next January, for d total purchase price Of $40,000m plus
the ClO91Dg costs, which would be the responsibility of
the City. The property would be purchased for general
public use, not for park purposes, which would allow the
City to use the property for whatever public purpose it
deemed appropriate, and to sell it without an election,
if Sale was needed.
Upon approval, it was recommended that $45,000 in
Communftv DovolommPo+ rontfnna"r" *."a" k. -11.-,4.4 4._
148 March 27, 1986
Staff recommended that the City Council allocate $45,000
from the CD8G contingency fund and that the Purchase
Option Agreement be approved.
Motion was made by C0UOCilmdD Brown, seconded by Mayor
Pro Tem Carpenter, authorizing Resolution #2282Aas
recommended by City Staff~ Motion carried: 6 Yeas; l
Nay --Councilwoman Baker.
86-49-148-235
/23~\ Consider Resolution #2283 authorizingi
Contract for proposal to the State Health Deeartment for
primary health care service program for dental care
Contract in Files qprvices.
RESOLUTION #2283
oFIZ01|[rr0m
WHEREAS, the City Council of the City of Lubbock wants to ensure
efficient primary health care for low iOc002 -individuals pursuant to
available funding; and,
WHEREAS, primary health care for low income individuals is made
available by the State of Texas pUr5UdDt CO House Bill 1844 by providing
funding fordentalcare for low iDC0Oe individuals between the ages of
nineteen /|Q\ and fifty-five /55\; and,
WHEREAS, the Lubbock City Health Department provides dental health
Care only to low income individuals Under the age Of nineteen /lg\ and over
the age of fifty-five /55\; and,
WHEREAS, the Lubbock City Health Department is the only d0e0Cy within
the Lubbock City limits providing dental care to l04 iOc00p individuals;
WHEREAS, the State of Texas Health Department is seeking grant
proposals from VdriVVS local health agencies to provide primary care for
low income individuals; NOW THEREFORE:
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 submit d proposal to the State of Texas Health Department for d
primary health care service program pursuant to funding available under
House Bill 1844, providing dental care services for low income individuals
between the ages of nineteen (19) and fifty-five (55).
BE IT FURTHER RESOLVED THAT the Lubbock City Health Department shall
implement and administer such dental service program in the event the City
of Lubbock's proposal is accepted and adopted by the State Of Texas Health
Department.
BE IT FURTHER RESOLVED THAT the Mayor Of the City of Lubbock be
authorized to sign an agreement if such dental proposal is approved and
adopted.
BE IT FURTHER RESOLVED THAT a copy of this resolution and any and all
proposals submitted to the State Of Texas Health Department for the purpose
stated h8rewithin shall be spread upon the minutes of the City Council and
as spread upon the minutes Of this Council shall constitute and be a part
of this resolution together with all related documents executed in accor-
dance therewith"
Passed by the City Council this 27th day of March, 1986.
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Rita Harmon
Rita Harmon, Assistant City Manager
Alan Henry
ALAN HENRY, MAYOR
APPROVED 85 TO FORM:
March 27, 1986
149
The State Health Department is seeking grant proposals
from various local health agencies to provide primary
care, which traditionally include maternal, infant, and
indigent care. If these services are provided in the
local community by existing agencies, proposals can be
submitted for other services not met.
The Lubbock City Health Department is the only agency
within the Lubbock City limits providing dental care to
the medically indigent. In fiscal year 1984-85, the
dental clinic saw 2,173 patients and turned away an
additional 383 requesting appointments. The current
program is restricted to (1) children who meet specific
financial guidelines and who are under the age of 18 and
(2) low income elderly patients.
The proposal would pay for salaries equivalent to a
full-time Dentist, a part-time Dental Hygienist, and all
the supplies necessary to treat individuals between the
ages of 19 and 55. The Health Department would hire
local Dentists to perform these services. Currently,
there is no agency providing dental services to the
medically -indigent in this age group. In a community -
wide needs assessment conducted last year by the various
emergency services agencies in Lubbock, dental services
was identified as a primary unmet need. The proposal is
requesting $92,923 to pay for salaries and supplies. The
proposal would not require any additional money from the
City.
The proposal did require letters of support from various
community agencies. There were letters from the Catholic
Family Services, the Presbyterian Center, the Texas
Department of Health Regional Office, and the Well Baby
Clinic. The Dental Society has also indicated an
interest and supports the Health Department in its grant
proposal.
Staff recommended that the proposal be submitted as
prepared and that the Mayor be authorized to sign a
Contract if the proposal is approved.
Motion was made by Councilman Nash, seconded by
Councilwoman Baker authorizing Resolution #2283 as
recommended by City Staff. Motion carried: 7 Yeas; 0
Nays.
86-45-149-236
(24.) Consider Resolution #2284 accepting water and sewer
improvements for Lots 665-690, Lakeridge Country Club
Addition.
RESOLUTION #2284
RESOLUTION
RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 665
THROUGH 1,90, LAKERIDGE COUNTRY CLUB ESTATES ADDITION.
WHEREAS, the developer of Lots 665 through 690, Lakeridge Country Club
Estates Addition have complied with the provision of the City of Lubbock
Code, Chapter 28, Article IV, by providing the water and sewer improvements
for said addition in accordance with paragraph 156 of said Chapter 28, and
WHEREAS, the total utility cost to the developer is $33,530.42 with the
improvements constructed by Lane Contracting Company having a value of
$33,305.42 as determined by the unit prices established by said Chapter 28,
and $225.00 cash paid to the City, with Lakeridge County Club Estates, the
developer to receive no refund in accordance with Chapter 28 of the Code of
the City of Lubbock,
WHEREAS, the construction of the said water and sewer improvements was
performed under the supervision of the Water Utilities Engineer and completed
in accordance with the City of Lubbock's plans and specifications,
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
1. That the improvements be and the same are hereby accepted as an
integral part of the water and sewer system of the City of Lubbock.
150 March 27, 1986
2. This resolution shall take effect and be in force from and after its
passage.
Passed and approved this 27th day of March, 1986.
/s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Wilford D. Watson
Wilford D. Watson, Chief Water
Utilities Engineer
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Assistant City Attorney
Motion was made by Councilman Patterson, seconded by
Councilman Brown authorizing Resolution #2284 as
recommended by City Staff. Motion carried: 7 Yeas; 0
Nays.
86-45-150-237
(25.) Consider Ordinance #8908 allowing a 1% collection fee on
Hotel/Motel Tax.
ORDINANCE #8908
ORDINANCE NO. 8908
AN ORDINANCE AMENDING SECTION 26-23 OF THE CODE OF ORDINANCES OF THE
CITY OF LUBBOCK BY AUTHORIZING A PERSON COLLECTING A TAX IMPOSED BY SECTION
26-22 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK TO DEDUCT AND RETAIN
ONE PERCENT (1%) OF THE TAX COLLECTED AS REIMBURSEMENT FOR THE COST OF
COLLECTING SAID TAX; PROVIDING FOR A FORFEITURE OF SAID ONE PERCENT
WITHHELD; PROVIDING AN EFFECTIVE DATE AND PROVIDING A SAVINGS CLAUSE.
The State law authorizing the Hotel/Motel Tax also
allows the City to permit the person required to collect
the tax to deduct and withhold from his payment to the
City, as reimbursement for the cost of collecting the
tax, an amount not to exceed 1% of the tax collected and
required to be reported to the City.
Bill D'Allessandro, Executive Director of the Hotel/Motel
Association, has requested that the City permit hotels/
motels within the City of Lubbock to retain this 1%.
The Hotel/Motel Owners' Association made this same
request in March, 1982, but at that time Staff was
unable to find other cities that had adopted the policy
of allowing the 1% retainage. The City Council denied
the request in March, 1982, until such time as the
retainage became the general rule around the State.
Staff has contacted several cities concerning this
question and has found that it is now the general rule
rather than the exception.
The budgeted amount of revenue from the Hotel/Motel Tax
for the current fiscal year is $1,222,515 and a 1%
retainage would amount to $12,225 on this budgeted
amount.
The various programs would be affected by the following
approximate amounts:
March 27, 1986 151
Reserve for arts and related items $ 873
Debt service 3,929
Convention and tour -ism 4,803
General Fund 698
Special Projects 176
Reserve for Capital Projects 1,746
Staff recommended approval of the request; however in
order not to affect the current established budget,
Staff recommended that the effective date of the Ordi-
nance be October 1, 1986.
Motion was made by Councilman Brown, seconded by Mayor
Pro Tem Carpenter passing on first reading Ordinance
#8908 with the effective date of the Ordinance being
October 1, 1986, as recommended by City Staff. Motion
carried: 7 Yeas; 0 Nays.
86-45-151-238
(27.) Consider Resolution #2285 regarding Tax Exempt Bonds.
Letters to and from Delegation RESOLUTION #2285
in Files
PFq01 11TTnN
WHEREAS, the issuance of tax-exempt bonds is essential for the City of
Lubbock to finance badly needed capital facilities for use by both the
public and government; and
WHEREAS, the House of Representatives on December 17, 1985, passed
H.R. 3838, the "Tax Reform Act of 1985," which includes amendments to the
provisions of the Internal Revenue Code pertaining to the tax-exempt status
of bonds issued by or on behalf of the states and their political subdivi-
sions; and
WHEREAS, H.R. 3838, if finally passed in its present form, will have
the following detrimental effects upon local governments:
(1) the costs of borrowing will be increased, which will result in
higher taxes, higher utility rates and higher user fees;
(2) the volume limitations will unnecessarily ration the ability of
local governments to borrow money for legitimate projects that
will benefit local citizens; and
(3) many traditional public purpose bonds will no longer be issued
because of restrictions on the use of bond financed facilities by
non -governmental entities or persons; and
WHEREAS, S.B. 2166, the "Durenberger Proposal," would be much less
destructive of the ability of states and local governments to issue
tax-exempt bonds to finance needed capital facilities for the benefit of
the public and government; and
WHEREAS, the City Council of the City of Lubbock supports S.B. 2166,
it also urges that should S.B. 2166 fail, then the City Council of the City
of Lubbock urges that modifications be made to H.R. 3838 to ease its
adverse impact upon local government financing; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the City of Lubbock strongly opposes H.R. 3838 in its
current form and substance as it relates to the issuance of tax-exempt
bonds by states and governmental subdivisions; and
SECTION 2. THAT the City of Lubbock strongly supports S.B. 2166 for
its more reasonable treatment of tax-exempt bond issuance by states and
governmental subdivisions; and
SECTION 3. THAT should S.B. 2166 fail, the City of Lubbock strongly
urges that the Congress consider the following with regard to H.R. 3838:
(1) Remove all provisions providing for retroactive taxability of
municipal bonds to the date of their issuance;
(2) Continue to permit historic and essential public functions to be
financed on a tax-exempt basis outside state cap limitations;
(3) Permit the advance refunding of state and local public debt on
the basis now permitted by law;
(4) Remove all provisions that impose artificial constraints on
governmental decision making or that will violate state law, such
as:
152 March 27, 1986
(b) the provision requiring that all proceeds must be spent
within 3 years of the date of issue.
(5) Remove all provisions which require payment of interest earned on
investments to the federal treasury; and
SECTION 4. THAT a certified copy of this Resolution be forwarded to
all members of the Congress from Texas, to the Chairman of the House Ways
and Means Committee, the Chairman of the Senate Finance Committee, the
Majority and Minority Leaders of the House and Senate, and the Secretary of
the Treasury.
PASSED by the City Council on this 27th day of March, 1986.
/s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Bob Cass
Bob Cass, Deputy City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, FTrst Assistant
City Attorney
City Manager Larry Cunningham advised that the Tax Reform
Act of 1985 continues to cast significant shadows on the
future cost of financing local public facilities. New
developments occur in the Senate daily and current
estimates are that as much as 20% increase in the cost of
capital improvements for local public purposes will be
added by this new legislation.
Even though City Council has already passed a Resolution
expressing their concern on this matter to the Senate and
the House of Representatives, it was recommended by Staff
that Council pass another Resolution expressing concern
regarding the renewed activity on the Tax Reform Act and
the possibility of a near resolution of the issues.
Motion was made by Councilwoman Baker, seconded by Coun-
cilman Brown authorizing Resolution #2285 as recommended
by City Staff. Motion carried: 7 Yeas; 0 Nays.
86-45-152-239
(26.) Consider Staff recommendation for liability insurance.
Bids on the City's liability insurance were opened on
Monday, March 10, 1986. Two proposals were received:
(I)Texas Municipal League Insurance Fund and (2) Texas
Employers. TML offered the same arrangement which was
recently accepted by the City which called for $3,000,000
coverage, a $500,000 deductible, and a premium of
$620,052.
Employers' proposal had limits of only $2,000,000 and a
premium of $598,519 and also required the City to place
its Workmen's Compensation Program with them effective
October 1, 1986.
Assistant City Manager Robert Massengale explained that
the City of Lubbock Public Officials Liability coverage
is $500,000 under the TML arrangement, with a $500,000
deductible, which means that the City is in effect
self -insured on the public officials liability portion.
Staff recommended that the City stay with what it has and
that it take the premium savings (the difference between
the amount that we budgeted this year and our actual
premium --approximately $220,000) and apply that to
increase our reserve which currently stands at $688,000.
Motion was made by Councilman Brown, seconded by Council-
woman Trejo authorizing the City to stay with TML
Insurance Fund and increase the City's Reserve (to be
used for self-insurance)b v the $220.000 budgeted for
March 27, 1986
153
\
86-45-153-240
/28^\ Consider Resolution 228b establishing terms for the
Council appointees to the Grants Review Committee of the
Lubbock Cultural Affairs Council.
RESOLUTION #2286
RESOLUTION
WHEREAS, the City Of Lubbock appoints two members to the Grants Review
Committee of the Lubbock Cultural Affairs Council; and
WHEREAS, there has never been a Specific term of appointment for such
City representative on the Grants Review Committee; and
WHEREAS, the City Council Of the City Of Lubbock deems it to be in the
best interest of the citizens of the City Of Lubbock to establish definite
terms of appointment for such representatives; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City of Lubbock's two appointees to the Grants Review
Committee Of the Lubbock Cultural Affairs Council shall be appointed to
serve until January I, 1988, and thereafter all City of Lubbock appointees
Shall serve three /3\ year terms VO the Grants Review Committee.
Passed by the City Council on this 27th day of March, 1986.
/s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ David Hughes
David Hughes, Assistant to the City
Manager
Donaldi
Donald G. Vandiver, First Assistant
City Attorney
The Lubbock Cultural Affairs Council /LCAC\ is a subsi-
diary of the Lubbock Chamber Of Commerce which was
created and incorporated by the Chamber in 1969 to help
promote, and otherwise develop cultural activities within
the City. It initially served as a clearinghouse or
coordinator until enabling legislation was passed in 1977
to increase the hotel OCCUpaDCy tax from 3% to 4%, with d
portion of this increase being allowed for a|l0cdtƒUD to
finance artistic and cultural activities within the City~
In 1979 the Grants Review Committee /GRC\ was created to
consider and to recommend grant allocations to organi-
zations seeking funding for cultural programs.
The GRC membership includes three at -large members of the
Board of Directors Of the LCAC appointed by the President
Of the LC8C, one member of the LCAC Board of Directors
appointed by the Chamber and two members appointed by the
City C0UDCil~ Initially, no terms of office were estab-
lished for the CU001ttp8° As part Of the 1981 Contract
between the City and the LCAC (Resolution No. 729);
hVW2Ypr, Council ratified proposed terms Of office. The
proposal called for the six members of the GRC to draw
lots for t8nn8 of I, 2, or 3 y8dr5" All subsequent
Opp0iOt82S would serve three-year terms. The Council
appointed Jim Bertram and Dr. Fran Scott, who have served
since the inception of the GRC^
Two Of the GRC members have terms expiring January l,
1987. Two other members have terms expiring January l,
1988. As incorporated in the proposed Resolution, the
Staff recommended the two City appointees be appointed to
serve Until January l, 1988. Thereafter, the City
appointees will serve three-year terms in conjunction
with the Chamber appointees.
154 March 27, 1986
Motion was made by C0UVCfl0aO Patterson, seconded by
Mayor Pro T8m Carpenter authorizing Resolution #2286 as
recommended by City Staff. Motion carried: 7 Yeas; O
Nays.
86-45-154-241
/29~\ Consider Ordinance #8909 amendingOrdinance 8
creating a Municipal Power Agency under Sections 4a and
4b of Article 1435a, Revised Civil Statutes of Texas,
1925 as amended, and declaring an emergency.
ORDINANCE #8909
ORDINANCE NO. 8009
AN ORDINANCE BY THE GOVERNING BODY OF THE CITY OF LUBBOCK, TEXAS,
AMENDING AN ORDINANCE PREVIOUSLY ADOPTED TO CREATE A MUNICIPAL POWER AGENCY
UNDER THE PROVISIONS OF SECTIONS 4a AND 4b OF ARTICLE I435d^ REVISED CIVIL
STATUTES OF TEXAS, 1925, AS AMENDED; ENACTING OTHER PROVISIONS INCIDENT AND
RELATED TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE; AND DECLARING AN
EMERGENCY.
In the final preparation for the filing Of the lawsuit to
Validate the creation and 0rgdOfzdtiU0 Of the West Texas
Municipal Power Agency (the "Agency"), it came to light
that although the City Of Plains had delivered for
publication a proper O0tfC2 of intention by the City
Council of the City of Plains to adopt d concurrent
ordinance providing for the creation of the Agency, the
newspaper did not ƒ0 fact publish the notice.
Thus, the City of Plains did not have the legislative
power to adopt the concurrent Ordinance. This has been
explained to the City of Plains and they were asked if
they would like to 'Oi0 the Agency by calling an election
to be held in April of 1986. Because of the changed
CirCU05ta0Ce5 and conditions, the City Of Plains has
determined that it would prefer to r80diD outside the
The matter has been reviewed with the City Attorney of
the City of Lubbock, the bond division Of the Attorney
General's office, and the attorneys in Elbert Morrow's
office. All are agreed that it would be proper for the
remaining cities to provide for an Amendment to the
original concurrent Ordinance.
The preamble of the Ordinance further explains the
actions which have been and are to be taken to cure the
failure of the City Of Plains effectively to participate
in the organization of the Agency.
Motion was made by Councilwoman Baker, seconded by
Councilman Patterson passing OD emergency reading
Ordinance #8909 as recommended by the Legal Staff and
Bond Attorneys. Motion carried: 7 Yeas; 0 Nays.
86-45-154-242
/30.\ Consider Resolution2287 authorizing the
execute a revised Power Sales Contract between the Cit,
of Lubbock and West Texas Municipal Power Agency, �-hic
also authorizes the City Attorney to undertake legal
proceedings to validate the creation and recreation of
the Agency.
RESOLUTION #2287
M. F*00RUMink
A RESOLUTION by the City Council of the City of Lubbock, Texas,
relating to d Power Sales Contract by and between the City of Lubbock and
West Texas Municipal Power Agency, authorizing the execution of such
Contract for and OD behalf Of the City of Lubbock, approving representation
in d legal action to validate certain proceedings, repealing conflicting
resolutions and declaring an emergency.
WHEREAS, this City Council has heretofore approved the execution of d
Power Sales [ODtrdCt with the West Texas Municipal Power Agency (the
"Agency") and the terms and provisions thereof have been reviewed by this
City C0VOCil: and
March 27, 1986
155
WHEREAS, the City of Plains, Texas, had also executed such Power Sales
Contract whereby it had agreed that its share of the expenses and obli-
gations would amount to 1.57%, and it now appears that the City of Plains
lacked the power to execute such contract and other cities which partici-
pated in the creation of the Agency are willing to assume a pro-rata
portion of such responsibility and thus the only change made in the
contract attached hereto is the adjustment of such percentages and the
deletion of the City of Plains, Texas, as a party signatory; and
WHEREAS, this City Council wishes to approve participation by this
City in legal proceedings to validate the creation and re-creation of the
Agency and certain related matters and authorize the City Attorney of
Lubbock, Texas, to act as its special counsel in such proceedings; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
SECTION 1. That the Power Sales Contract, the same being attached
hereto as Exhibit A, be and the same is hereby approved. The Mayor and
City Secretary of the City of Lubbock are hereby authorized to execute the
said contract for and on behalf of the City of Lubbock and as the act and
deed of this City and governing body.
SECTION 2. That the participation of this City in legal proceedings
to validate the creation and re-creation of the Agency and certain related
matters is hereby approved and the City Attorney of Lubbock, Texas, or his
designee, is authorized to represent this City in such legal proceedings,
and that this governing body approves representation by such City Attorney,
or his designee, of this City as its special counsel for such proceedings,
it being hereby found that the Agency and this City have a commonality of
interest and the issues to be determined in such action are identical with
respect to this City and the Agency.
SECTION 3. That all resolutions heretofore adopted which are or may
be contrary to the provisions hereof are hereby repealed.
SECTION 4. The appointment of Joan Baker as a director with a term
ending December 8, 1984 and Leona Maxwell as a director with a term ending
December 8, 1985 is hereby ratified and confirmed, and the following
appointments are hereby made or ratified and confirmed, as of the date
indicated, to the Board of Directors of the Agency for the term of off -ice
herein designated:
Director Term Commences
Joan Baker 12-9-84
Leona Maxwell 12-9-85
Term Expires
I
SECTION 5. That the public importance of this measure and the fact
that it is to the best interest of the City to execute and deliver the
Power Sales Contract and initiate such proceedings at the earliest possible
date constitutes and creates an emergency and an urgent public necessity,
requiring that any rule providing for resolutions to be read more than one
time or at more than one meeting of the City Council be suspended, and
requiring that this resolution be passed as an emergency measure, and any
such rules or provisions are accordingly suspended and this resolution is
passed as an emergency measure, and shall take effect and be in full force
as provided herein.
SECTION 6. This Resolution shall become effective from and after the
date of its passage.
PASSED AND APPROVED this the 27th day of March, 1986.
/s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
This Resolution provides for the approval by the City of
the Power Sales Contract. Passage of this resolution is
required since the City of Plains has been deleted as a
party and directors appointed by the City of Plains
participated in prior actions of the Board of Directors.
The interest of the City of Plains in the Power Sales
Contract has been divided among the four cities that will
rAmAin ac mPmhArz nn tho nrn rAtA hAczic of thpir nrininAl
156 March 27, 1986
Section 2 of the Resolution reaffirms the City's partici-
pation in the legal proceedings to validate the creation
and re-creation of the Agency, and provides for John
Ross, City Attorney, to represent the City of Lubbock as
its attorney during those proceedings. The Council first
approved this action on June 28, 1985 through Resolution
#2073.
Section 4 provides confirmation of two directors to
represent Lubbock on the Board of the Agency. One will
serve until December 8, 1986 and the other until December
8, 1987. Joan Baker and Leona Maxwell have been serving
in those positions since December, 1983.
Staff recommended approval of this Resolution.
Motion was made by Mayor Pro Tem Carpenter, seconded by
Councilwoman Baker authorizing Resolution #2287, and
further appointing Councilwoman Joan Baker, and Leona
Maxwell, Assistant Director of Electric Utilities, to
represent the City of Lubbock on the Agency Board.
Motion carried: 7 Yeas; 0 Nays.
86-45-156-243
(31.) BID #8870--Turf equipment (Parks and Recreation
DepartmentT.
Goldthwaites of Texas--3 reel mowers; I greens mower; 9
push mowers; 1 hedge trimmer; 1 brush clipper.
Bryant Farm Supply--5 diesel powered outfront mowers.
Soil, The Specialty Company--(1) 3-gang turf aerifier.
Colonial Motors--(1) 14" push mower -commercial; 21 string
trimmers; 4 commercial turf edgers;l rear tine tiller.
E-Z Go Textron--1 turf maintenance vehicle.
Motion was made by Councilman Patterson, seconded by
Councilman Brown authorizing low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
86-45-156-244
(32.) BID #8888--Uninterruptible power supply (Information
S e r v i-c—e �s.
Power Support Systems--Uninterruptible power supply for
Computer Mainframe, Computer Aided Dispatch System and
other Public Safety Equipment located in Municipal
Square.
Motion was made by Councilman Patterson, seconded by
Councilman Brown authorizing low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
86-45-156-245
(33.) BID #8901--Miscellaneous valves (Warehouse Stock).
The Rohan Company--(4) 8" flange -to -flange gate valves;
(4) 10" flange -to -flange gate valves; (2) 10" flange -to -
flange swing check valves;
Trans -Tex Supply Company--(6) 6" flange -to -flange
eccentric plug valves;(4) 8" mechanical joint and flange
eccentric plug valves; (2) 8" flange -to -flange swing
check valves.
C & C Municipal Supply--6" flange -to -flange 3-way
eccentric plug valves.
Motion was made by Councilman Patterson, seconded by
Councilman Brown authorizing low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
86-45-156-246
(34.) BID #8915--Miscellaneous street lighting items
(Warehouse Stock T_.
Fields and Company--100 luminaire-vertical burn 100 watt
high pressure sodium vapor, 120 volt reactor ballast.
C.B. Anderson Electric Company--6 oil switch, remote
- - - .- - - I - . - --I - - - 1 -
March 27, 1986
157
7
L
Nunn Electric Supply Company--10,000 feet cable.
Temple Inc--(100) 400 watt luminaires; (50) 400 watt
luminaires; (800) photo electric control.
Nelson Electric Supply Company--(300) 250 watt
luminaires.
Motion was made by Councilman Patterson, seconded by
Councilman Brown authorizing low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
86-45-157-247
(35.) Bid #8927--Drilling/constructing waterwells and test
hole, and authorize same (Water -Utilities Engineering).
Contract in Files
RESOLUTION #2288
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a contract
with Hi -Plains Drilling Company, Inc., for the drilling and construction of
two water wells and one test hole in City parks, 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 fully copied herein in detail.
Passed by the City Council this 27th day of March, 1986.
/s/ Alan Henry
ALAN HENRY, 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 WT1 lard, Assistant City Attorney
Hi -Plains Drilling, Inc.--Drilling/constructing two water
wells and one test hole in certain City parks.
Motion was made by Councilman Patterson, seconded by
Councilman Brown authorizing low bid meeting specifi-
cations and authorizing Resolution #2288 as recommended
by City Staff. Motion carried: 7 Yeas; 0 Nays.
86-45-157-248
(36.) Bid #8930--Liquid asphalt (Streets Department).
Fina Oil and Chemical--50,000 gallons RC-250 asphalt. A-5
asphalt, AC-10 asphalt AC-5 asphalt with 3% latex, Ac-10
asphalt with 3% latex.
Riffe Petroleum Company--100,000 gallons MS-1 emulsion
with 3% latex, MS-2 emulsion with 3% latex, RS-2 emulsion
with 3% latex, MS-1 emulsion, MS-2 emulsion, RS-2
emulsion.
Motion was made by Councilman Patterson, seconded by
Councilman Brown authorizing low bid meeting specifi-
cations. Motion carried: 7 Yeas; 0 Nays.
86-45-157-249
(37.) BID #8937--Vacuum switch assembly (Electric
Production).
Nelson Electric Supply Company--(4) 3-phase vacuum
- - -I--- - - - - -- L I f A I " -1- - - - ___
158 March 27, 1986
Motion was made by Councilman Patterson, seconded by
Councilman Brown authorizing low bid meeting specifi-
cations. Motion carried: 7 Yeas; 0 Nays.
o" tea" cc°
THE STATE OF TEXAS M232OR126 Ttie �eQ ov G; of��Ec
AN
AMENPtD 'URSAN�SRENCOUNTY OF LUBBOCK PLA1� FOR the CbRO6o,
Dorothy Russel la Notar Public 1n an �� 6"LwPRQT_.. Texas on this day
Before me Y PRbJEC�NOx Rom=
n�tfiI I Account Manager ;P,ursusnfNt°,ftle,0,941a'o"shwesternNews Newspa-
pers appearedT urparr teneweitaw,at�bpstatns3t:. P
pers Corporation, publishers of the Lubbock Avalanche -Journal `heaG,tWtWncl4,bt,-tWCI f ub and Sunday, who
being by me duly sworn did depose and say that said newspaper h<<: n:itar`zst�t>, 5treetWrt�,,;g nuously for more
than fifty-two weeks prior to the first insertion of this eta I
731722 '°��k"A"` GST a;w�"`"".e he attached rint-
No. at Lubbo(ta* v►it , ,,e c«,nc�kr wnt 2ar+" P
L e a l N o t i c e .duct a bllc hearia5 oe tiro sues ,
ed copy of the is a true copy of the rtn°t °a vrir� c°°�iaer ft ep:,; ed in the Lubbock
F e b r u a r y 14 a�oav�lmt an ama�dmertt to thq ur
Avalanche -.Journal on the following dates: mRenewa�eie"tor�tneeai°aa
201 Words (a 1.14 Per word= $229.14
Account Manager
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
sublect.
Subscribed and sworn to before me this 28 day of Fe b r u a r Y
FORM 58-10
19 86
t�
DOROTHY RUSSELL
Notary Public In And For The Slate Of Texas
My Commission Expires NOV. 9, 19a8
86-45-158-250
(13.) Hold a Public Hearing on the proposed amended Urban
Renewal Plan for the Coronado Urban Renewal Project TEX.
R-33.
Jim Bertram, Assistant City Manager, stated that on
January 9, 1986, the City Council approved the sale of
Lots 1, 2, 3, 4, 5, 6 and 7, Block 4, Coronado Addition,
to Watson Foods, Inc. Prior to the approval of the sale,
the Zoning Board of Adjustment approved on December 17,
1985, a zoning variance from R-1 to commercial, limited
to parking only.
Following the approval of the sale, the proposed re-
development was forwarded to HUD for their concurrence.
These parcels included in the Coronado Urban Renewal
Project are administered by the City, but all proceeds
from the sale must be sent to HUD. HUD has responded
that the Urban Renewal Plan must be changed to reflect
the parking lot use prior to issuing their concurrence on
the sale. For this reason, the Urban Renewal Board
approved this change on January 21, 1986 and the Planning
and Zoning Commission approved the change on February 6,
1986.
Publication of the notice of the proposed change and
public hearing was published on February 14, 21, and 28,
1986.
The following individuals spoke in opposition to the Plan
Change request: D. C. Kenner, Rev. James Ford, Rosa
Hill, Manny Williams and Robert Gardner.
Mike Davis, President of Watson Foods spoke favoring the
Plan Change and stating that they would park the trucks
in the portion of the lot nearest Avenue A leaving the
greatest distance possible between the trucks and the
other portion of the neighborhood, that they will place a
6-8' brick wall on the north and east sides of the lot,
that they will landscape the area and install a sprinkler
system, and that they will be good neighbors.
86-45-158-251
(14.) Consider Ordinance #8910 amending the Urban Renewal Plan
for the Coronado Urban Renewal Project, TEX. R-33.
March 27, 1986
we
\
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LUBBOCK APPROVING AND
ADOPTING AN AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE CORONADO URBAN
RENEWAL PROJECT, AS REVISED APRIL 12, 1984, AND AS SUBSEQUENTLY AMENDED.
Staff recommended that this Ordinance be approved
reflecting the parking lot use.
Motion was made by CUuOC1lwU0dD Baker, seconded by
[VUDcil0aO Brown passing OO first reading Ordinance #89I0
as recommended by the City Staff. Motion Carried: 5
Yeas; 2 Nays --Councilman Patterson and Councilwoman
80-45-I59-252
(38.) Consider two appointments to the Grants Review Committee
of the Lubbock Cultural Affair�'-Council.
Motion was made by Councilwoman Baker, seconded by Mayor
Pro Tem Carpenter appointing Rita'Harmon and reappointing
Dr. Fran Scott to 3-year terms OO the Grants Review
C0001tt82 Of the Lubbock Cultural Affairs Council.
Motion carried: 6 Yeas; 0 Nays --Councilwoman Tr 'U
absent.
85-45-I59-253
/39.\ Consider five itm tto the Community Services
Motion was made by Councilwoman Baker, seconded by
Councilman Patterson appointing Jeri Rieken (United Way),
Esther de HuvQs (Berry Park Neighborhood A5s0Cidt1OO\,
W.B. Cochran(Carlisle), Renettd Howard /N~8°A°C"P"\, and
A.B. Watkins (Overton North) to the Community Services
CU00fSS1OD~ Motion carried: 0 Yeas; O Nays --Councilwoman
Tr 'O absent from Council Chambers.
There being MV further business to come before the Council, Mayor Henry
adjourned the meeting at 3:03 p.m.
ATTEST:
Ranette Boyd, City Secretalry
READ AND APPROVED THIS IOTH DAY OF APRIL, 1986.
ATTEST:
Ranet.te Boyd, City Secretary