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HomeMy WebLinkAboutMinutes - City Council - Regular - 5/22/1986ffl REGULAR CITY COUNCIL MEETING MINUTES MAY 22, 1986 The City Council of the City of Lubbock, Texas met in regular 5eS5i0D OD the 22nd day of May, 1986 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 9:00 d°0° Present: Mayor B. C. McMinn, Mayor Pro Te0 JUdD Baker, COUOCilmdO T. J. Patterson, C0UDcil0dO Gary Phillips, Councilman George Carpenter, Councilwoman Maggie Tr '8, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr", and City Secretary RaOPtte Boyd. Absent: CUUDCi]mdD Bob Nash. Mayor McMinn called the meeting to order at 9:00 a.m. 80-45-228-347 ( I°) 86-45-228-348 / 2.\ 86-45-228-349 / 3.\ 86-45-228-350 / 4^\ 86-45-228-35I / 5^\ Notice Of Intention to Establish Reinvestment Zone.as Authorized by Art. 10668 & 1.066f, V.A.C.S. in Files The %Dv0CdtiOn was given by Jim Bertram, Assistant City Manager, The Pledge of Allegiance to the Flag was given in UDiSoD by those in the Council Chambers. .BOARD APPOINTMENTS Motion was made by Councilman Patterson, seconded by Councilman Carpenter to approve the Minutes Of the May 8, 1986 Regular City Council Meeting as written. Motion carried: 6 Yeas; 0 Nays Representatives of the Lubbock Chamber of Commerce will appear to request the following: A. Consider Resolution #2316 declaring th intent of the City Council to create a Reinvestment Zone and authorize proper notices according to State Law. RESOLUTION #2316 DcqmnTT0N WHEREAS, the City Council Of the City of Lubbock declares its intent to consider the establishment of d reinvestment zone within the City Of Lubbock which zone is more fully described in its "Notice of Intent" which notice is attached to this Resolution as Exhibit «Aw and made d part hereof for all purposes, and WHEREAS, the City Council is authorized to create a reinvestment zOO2 under the Property Redevelopment and Tax Abatement Act (Art. 1066f, V~A.C,5.) by following the procedures for establishment of such zone as set forth in the Texas Tax Increment Financing Act of 1981 (Art. 1066e, V~A.C~S.\, and WHEREAS, the Texas Tax Increment Financing Act of 1981 requires d notice be sent to the governing body Of each taxing unit that levies real property taxes of the property described in Exhibit "A", and WHEREAS, the Notice of Intent as Set forth in Exhibit "Au C0Dtdi0s all of the requirements Of notice as Set forth in Art. 1060e, 5eC^ 4(a)^ and WHEREAS, the City Council is desirous of sending said notice as required by law, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: l~ THAT the Notice attached hereto as Exhibit ,Ao be sent to the governing body of all taxing units levying real property taxes On the property described in Exhibit "A"" 2. THAT the City Manager be authorized to 58DU said notice to all of the above -mentioned taxing units. 229 3, THAT the City Manager, OD behalf Of the City Council, requests O waiver of 60 days notice requirement from the COU0tv Of Lubbock and all School Districts levying taxes on the real property described in Exhibit "A". 4~ THAT the City Manager, on behalf Of the City Council, requests consent from the Commissioners Court Of Lubbock C0UOtv and all 3ChO0l districts levying tdXgS OD the property described in Exhibit "Ax to a single formal presentation OO the creation Of the proposed reinvestment zone by the City Council of the City of Lubbock. Passed by the City Council this 22nd day of May, 1986. B.C. McMINN, MAYOR ATTEST: RdOStt8 Boyd, City Secretary APPROVED AS TO FORM: John C. Ross, Jr., City Attorney B. Set a date and time for d Public Hearing to consider the establishment of a Reinvestment Rufus Grisham, Chairman of the Board of Directors of the Lubbock Chamber of CU008rCe presented a request that the City Council establish d Reinvestment ZOD8 for the purpose of abating taxes. The property is located at the northeast corner of the intersection Of Loop 289 and East 19th Street. The purpose of establishing this Reinvestment Zone is to allow the CdX abatement Of property to be built in this zone for the purpose of housing a new industry in the City of Lubbock which will employ 150 employees and create an aODUdl payroll of $2~5 million. The proposed building that will be built in the Reinvestment Zone will have d taxable YDlU8 Of $0 million with an additional $5 million in inventory and equipment. Assistant City Manager Robert Massengale stated that on November 21, 1985, the City Council adopted B policy by which it would allow tax abatement. This policy provided d method of evaluating a prospective industry for the purpose Of determining the possible impact on the economy of the City Of Lubbock. Based OD the information that the Chamber of Commerce has provided on this industry, it will evaluate at between 90 and 100 points. According to the policy passed by the City Council, this evaluation calls for the highest participation available by the City C0UDCil" Mr, Massengale stated that it would be necessary for all taxing jurisdictions to enter into an Agreement with the prospective industry for the abatement of $770,000 in taxes over a period of no more than ten years. The $770^000 is approximately the COSt Of the land, streets, utilities and permits necessary to allow the industry to begin construction. Also, presented for consideration was d Resolution estab- lishing the fOt8Dt of the City Council to create the Reinvestment Zone; to request waiver of notice from the other taxing jurisdictions involved; and to establish that one formal presentation will be made to 8dCiSfv the requirements of the law. It was also necessary for Council to Set the date and time for the public hearing. Based on the information provided to by the Chamber of Commerce, this prospective industry qualifies for incentive support by the City Council, in this case tax abatement, as established in the Policy for Economic Development and, therefore, approval of the 0850lutl0n was recommended by Staff. Mr. Massengale indicated that he had talked informally with representatives Of the Other taxing entities and had encountered support. 230 May 22, 1986 Motion was made by Councilman Patterson, seconded by Councilman Carpenter setting the formal presentation for 8:00 a.m., May 30, 1986, with the Public Hearing to follow the presentation, and authorizing Resolution #2316 as recommended by City Staff. Motion carried: 6 Yeas; 0 Nays. 86-45-230-352 (6.) ORDINANCE #8867--Levying assessments for paving im- rovements on North Quaker Avenue from Clovis Road to Loop 289 (GWO 11686). ORDINANCE #8867 ORDINANCE NO. 8867 AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF THE FOLLOWING STREET: NORTH QUAKER AVENUE FROM CLOVIS ROAD TO LOOP 289, 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, ALLOCATING FUNDS. Bids were received on this project May 8, 1986. The assessment rates shown on the assessment rolls will not require changes with the unit bid prices received. The final assessment rates are the same as set by the City Council at the Public Hearing on December 12, 1985. Motion was made by Councilman Patterson, seconded by Councilman Phillips, passing Ordinance #8867 on third and final reading. Motion carried: 5 Yeas; 1 Nay --Councilman Carpenter. 86-45-230-353 (14.) Consider Resolution #2317 amending the Overton Land Use Plan. Amendment in Files RESOLUTION #2317 WHEREAS, the City Council of the City of Lubbock in 1974 adopted a Comprehensive Land Use Plan for the City of Lubbock, which has been updated; and WHEREAS, a redevelopment study and plan of the Overton area was commissioned by the Lubbock Redevelopment Association to reflect future land use changes in the Overton area; and WHEREAS, such study was prepared and has been favorably reviewed by many groups prior to the receipt of such study by the Planning and Zoning Commission; and WHEREAS, the Planning and Zoning Commission has approved changes to the Comprehensive Plan which reflect revisions of the Plan for the Overton area on April 17, 1986; and WHEREAS, the Lubbock Redevelopment Association, the North Overton Neighborhood Association, and the Overton South Neighborhood Association have endorsed the plan recommended by the Planning and Zoning Commission; and WHEREAS, the proposed amendment is in the best interest of the citizens of the City of Lubbock, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the said Lubbock Comprehensive Land Use Plan, as amended, BE and is hereby adopted by the City Council of the City of Lubbock as a guide for short-range and long-range community development within the City of Lubbock; and May 22, 1986 231 THAT a copy of said amendment to said Comprehensive Land Use Plan shall be attached hereto as Exhibit A, which shall be a part of the resolution as if fully copied herein. Passed by City Council this 22nd day of May, 1986. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Jim Bertram Jim Bertram, Assistant City Manager THE, STATE OF TEXAS COUNTY OF' Lt1BBOCK /s/ B. C. McMinn B.C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Laura J. Monroe Laura Monroe, Asst. City Attorney Mr. W.R. Collier, on behalf of the Lubbock Redevelopment Association, had written City Council a letter indicating that a need to clarify his and the LRA's position regarding financial commitments for the Overton Land Use Plan as recommended by the Planning and Zoning Commis- sion. In his letter, Mr. Collier indicated that the LRA was not actually asking the City Council to commit funding at this time for the public improvements in conjunction with the Overton Land Use Plan, but they were asking the Council's approval of the Plan so that as private development becomes available, Council would be in a position to take the public improvement projects to the voters for their consideration. Mr. Collier also indicated in his letter that the LRA sees the Land Use Plan as a concept only and understands that it may not be implemented exactly as it is shown. In his letter, Mr. Collier requested Council to take into consideration these points and discuss further the proposed Land Use Plan for Overton. By consensus Council agreed that at the proper times Council will fund necessary improvements, and will consider each request on a case -by -case basis. Following discussion by Council, motion was made by Mayor Pro Tem Baker, seconded by Councilman Phillips to (1) amend the recently approved Plan and accept the Overton Land Use Plan as recommended by the Planning and Zoning Commission, with the understanding that the Plan is a concept only and may need to be modified as implementa- tion occurs, (2) that the Council is not presently committing public funds, but would consider this as private commitments are made, and (3) that the Plan be reviewed in two years to see what has been developed and what is on the drawing board at that time. Motion carried: 6 Yeas; 0 Nays Before me Do r o t h y Russell a Notary Public in and for Lubboc personally appeared Twi_I a Aufi 1 1 + Account Manager pens Corporation, publishers of the Lubbock Avalanche -.Journal — Morning, being by me duly sworn did depose and say that said newspaper has been puW than fifty-two weeks prior to the first insertion of this — Leda I N° No. 755349 at Lubbock County, ed copy of the Legal Notice is a true copy of the original a A Avalanche -.Journal on the following dates: May 79 1986 327 words @ 381_ ve rwo rd= $124.26 r ' Account Manager LIJBBOCK AVALANCHE-.JOtJRNAL Southwestern Newspapers Corporation day , spa - who more print- bbock Subscribed and sworn to before me this 12 day of May 232 JMayl 22, 1986 86-45-232-364 / 7°) ORDINANCE #8921--ZONE CASE #2562--(east side of Slide Hearing on the request of John D. Abney for a change of zoning from R-1 to C-2A under provisions of Section 29-29 of the Code of Ordinances on Lots 15 through 22, Lots 51 through 56, and Tract E, Western Meadows Addition. ORDINANCE #8921 ORDINANCE NO. 8921 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2562; A ZONING CHANGE FROM R-1 TO C~2A ZONING, ON LOTS 15-22, LOTS 51-56, AND TRACT E» WESTERN MEADOWS ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICA- TION. John Abney appeared to present this request for Open C-2A zoning under the approved Slide Road Redevelopment Plan. He stated that the applicant d02S not have any specific land Use in mind at this time and is seeking allowable zoning under the Plan. Assistant City Manger Jim Bertram stated that this Cd58 represents the last two development units identified in the Slide Road Plan remaining to be Z0Ded» and could be considered to be a routine case leaving only development standards to be worked out On the required Site Plan, Since the applicant does not have d use in mind at this time, he is asking to be tied to the Citv/s Policy Site Plan Statement rather than having the Council and Commission consider d Site Plan at the time of zoning. That procedure is acceptable to the City and should not CaVS8 any problems. Mr. Bertram #2Dt OO to Say that at the Planning Commis- sion hearing, One individual spoke in opposition This persUn/S lot was left out of the development Unit that corresponded to the zone case. She and John Abney had apparently not been able to agree VD a buy -sell position Or the fact that She wanted to be in the zone case. She told the Commission that if she could be 1OClUd8d in the Z0Ue Case and get the C-2A zoning, that she would be in favor of the case. Since her lot was included in the caption that was at the top of the mail -out notices, the Legal Department said that the City could have d lawful hearing OO her property. The Planning CO00iSSiO0 approved the case subject to the following conditions: I^ That the zoning be C-2A" 2. That a Site Plan, including building eleva- tions, showing materials, color, and texture, be submitted and approved by the Planning Com- mission OD the entire tract Under this Z0D1Dg Ordinance prior to the issuance Of d building permit. The Staff recommended that the City Council uphold the Planning Commission. No one appeared to speak in opposition to the r2qUgSt~ Motion was made by Councilman Carpenter, seconded by CVUOCil0aD Patterson passing On first reading Ordinance #8921 as recommended by the Planning and Zoning Commission and City Staff. Motion Carried: 0 Yeas; U 86-45~232-355 ( 8°\ ORDINANCE #8922--ZONE CASE #2216-B--(82nd Street and 400' ORDINANCE #8922 233 May' 1,1, 1986 ORDINANCE NO. 8922 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2216~D; A ZONING CHANGE FROM R-I SPECIFIC USE TO C-3 ZONING, ON LOT l-A AND PART OF LOT 2-A, KFYO ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Jan Fouts appeared on behalf of the proponent to present d request for Z008 Chdnge.This CdSe was filed as open C-3 zoning VD land area that is basically lake area adjacent to 82Od Street. Mr~ Fouts informed Council that the prVp0O8DtS have d problem with the C0Oditf0A imposed by P&Z to require development as D "shopping center." He stated that the proponent has no problem with d require- ment to develop this uniformly as an entire tract by one developer, and would ask that the words "shopping C80t8r» be deleted from the conditions. The proponent does not want to be tied to having to develop this under d single roof. Mayor McMinn asked Mr. Fouts about limiting curb CVtS for the frontage Of this tract. Mr- Fouts Stated that the developer would want to work this out with Staff. Mayor McMinn indicated that the possibility of 5 sets Of curb CUtS would be d problem because of the heavy traffic on 820d Street. Mr~ Fouts replied that the proponent is prepared to live with the consequences of the total unit deVe]Up08Ot° Mr. Fouts stated that all but less than one acre of the }l.I acres requested to be zoned is currently under high water and will require a Cut -And -Fill Plan before development can occur. (The CdSg was continued from last month due to the uncertainty Of the price to be paid to the City for a narrow Strip Of right-of-way adjacent to 82Dd Street" That issue has since been settled by the City Council). Assistant City Manager Jim Bertram stated the adjacent land use relationships are as follows: North - Existing retail South - Existing retail East - Playa lake West - Existing retail center and playa lake center /UDd8r construction) center The CdSe is consistent with the Comprehensive Plan and had it not been for the existing radio facility at this lOCdti0D» it would have been developed a long time ago. The other three corners of the intersection contain collectively 27.7 acres of commercial zoning. This CdSe adds ll~I acres to the intersection and brings the total zoning to 38.8 acres which is l2SS than the policy allotment of 40. Mr. Bertram set out the primary question as to the appropriateness of the specific district requested and not whether or not it should be developed as commercial. Given the fact that nearly all the tract will have to be reclaimed to be used, any development should be required to meet d Site Plan. The purpose of the Site Plan would be to insure appropriate placement of curb cuts, appro- priate on -site traffic flow and orderly ingress and egress to the thoroughfare. This is important to insure the hest signal sequence on the thoroughfare because of the "stripped" nature of the zone case along 82Od Street. All other things being equal, C-3 being limited to 8 shopping center is appropriate here since it exists across 82nd Street. At P&Z, there was a very long diSCu38iUO about the pros and CU0S of Site pld0DlDS this development along this thoroughfare. Some remarks were made about separate free-standing buildings on separate parcels along 82Od Street not being very appropriate, but rather d more unified Op0r0dCh such as a shopping center style building where Staff could control the AU0b8r Of curb cuts as well as their location was more desirable. The Planning C0m0iSSfVD approved the CdSe with the following C0Odfti0O3: l^ That the zoning be C-3 limited to shopping center. May 22, 1986 OU 2. That a Site Plan, including building eleva- tions, showing materials, color, and texture, be submitted and approved by the Planning Com- mission on the entire tract under this Ordi- nance, prior to the issuance of a Building Permit. The Staff recommended that the City Council uphold the Planning Commission, and indicated that the issue of curb cuts and development of the entire tract can be addressed in the Site Plan Review. No one appeared to speak in opposition to this request. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson passing on first reading Ordinance #8923, with the deletion of reference to "shopping center" in condition #1, as recommended by the Planning and Zoning Commission and City Staff. Motion carried: 6 Yes; 0 Nays. ( 9.) ORDINANCE #8923--ZONE CASE #2559--(98th Street and Canton Avenue) --Hold a Public Hearing on request of John A. Martin for Lubbock Baptist Association for a change of zoning from R-1 to A-2 for a church and related uses under provisions of Section 29-29 of the Code of Ordinan- ces on a tract of land in Section 20, Block E-2. ORDINANCE #8923 ORDINANCE NO. 8923 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2559; A ZONING CHANGE FROM R-1 TO A-2 ZONING, LIMITED TO CHURCH USES, ON A TRACT IN SECTION 20, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. The Reverend John Martin appeared to request a change in zoning to allow for a new church in the vicinity of 98th Street and Canton Avenue. Assistant City Manager Jim Bertram noted the following land use relationships: North - Existing single-family development South - Vacant R-1 and T zoning East - Vacant R-1 zoning West - Vacant R-1 zoning He stated that this case is considered to be consistent with the City's Comprehensive Plan and consistent with the previously approved Development Plan approved by the Planning Commission in 1983. The request meets the requirements for locating a church since it is on a major thoroughfare, on the fringe of a neighborhood and is on a tract large enough to accom- modate some expansion. The Planning Commission agreed that the case was routine and approved the case as A-2 limited to church and church related uses. The Staff recommended that the City Council uphold the Planning Commission. No one appeared to speak in opposition to this request. Motion was made by Councilman Carpenter, seconded by Councilwoman Trejo passing on first reading Ordinance #8923 as recommended by the Planning and Zoning Commis- sion and City Staff. Motion carried: 6 Yeas; 0 Nays. 86-45-234-357 (10.) ORDINANCE #8924--ZONE CASE #2563--(3400 21st Street) -- Hold a Public Hearing on the request of James C. Bearden for various property owners for a change of zoning from R-1 to A-M under provisions of Section 29-29 of the Code of Ordinances on Lots 14 through 20, Westlawn Addition, and Lots 7 and 8, Bloc 1, Squyres Addition. ORDINANCE #8924 235 Clay. 22, 1986 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2563; A ZONING CHANGE FROM R-1 TO AM ZONING, ON LOTS 14-20, WESTLAWN ADDITON, AND LOTS 7-8, BLOCK 1, SQUYRES ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Chris White appeared, representing James C. Bearden, speaking in favor of this request for AM zoning in the "AM policy zone". Assistant City Manager Jim Bertram stated that the AM policy zone is one of long-standing, having been approved by both the P&Z Commission and the City Council, and that this case is routine and is subject to the development standards in the AM District. The Planning Commission approved the case and the Staff recommended that the City Council uphold the Commission. No one appeared to speak in opposition to this request. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson passing on first reading Ordinance #8924 as recommended by the Planning and Zoning Commission and City Staff. Motion carried: 6 Yeas; 0 Nays. 86-45-235-358 (11.) ORDINANCE #8925--ZONE CASE #2564 (southwest corner of 34th Street and Avenue H)--Hold a Public Hearing on the request of Lester Shaver for Estates Trust Company for a change of zoning from C-3 to C-4 under provisions of Section 29-29 of the Code of Ordinances on Lots 6 through 19, Family Park Addition. ORDINANCE #8925 ORDINANCE NO. 8925 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2564; A ZONING CHANGE FROM C-3 to IHC AND C-4 ZONING, LIMITED TO CERTAIN LISTED USES ON LOTS 6-19, FAMILY PARK ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDI- TIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Lester Shaver presented this request for open C-4 zoning on what will remain of an existing shopping center after the State completes acquisition for I-27 in this loca- tion. Assistant City Manager Jim Bertram pointed out that the adjacent land use relationships are as follows: North - Existing commercial South - Vacant commercial East - Existing commercial West - Existing high density residential He said that the existing shopping center, zoned C-3 in the late '50's, will soon have a non -conforming use status by virtue of I-27 taking in terms of parking and setback standards. The case is consistent with the Land Use Plan. The IH-C zoning more or less contains most all of the more popular land uses out of the C-4 district plus all C-3 uses and more restrictive commercial zone classification. Mr. Bertram reported that the applicant would have been willing to accept that recommendation except for one use. There seems to be some kind of franchise used clothing operation that is willing to lease a large part of the floor space in the shopping center which would not be allowed in the IH-C District. As the Commission consi- dered the remaining tract, they recognized that any use that goes into that shopping center is going to have difficulty meeting the parking standards. The Commission indicated that some additional uses in C-4 zoning that would have been considered undesirable in the IH-C District might be appropriate in this location since the remaining parcel is going to be so limited on space. May 22, 1986 P&Z directed the applicant to take all the land uses in the C-4 District and make d list Of those not contained in the IH-C District that he would want in this zone cd52 and present that list to the CO00iSsiOO~ Those U5eS are as follows: I. Automobile glass shop 2° Automobile Seat cover and upholstery shop 3, Builders supply 4. Used furniture store 5° Pest control service |�l -- 6. Rental store 7. Second hand goods store or pdNO shop P&Z recommend these Vs23 in this location, and approved the Cd6e 5Uhf2Ct to the following conditions: I° That the zoning be C-4 limited to the above listed U5e5 and all other uses from the IH-C district. 2° That the two small tracts south of 30th Drive be zoned IH-C. The Staff recommended that the City Council uphold the Planning and Z0OYOQ Commission. NV one appeared to speak in opposition to this request. Motion was made by Councilwoman Tr 'O, SecUOd2U by Mayor Pro Te0 Baker passing UO first reading Ordinance #8925 as recommended by the Planning and Zoning CO0miSSiOD and City Staff. Motion carried: d Yeas; 0 Nays. 80-45-236-359 /12.\ ORDINANCE #8926--ZONE CASE 2508 A (northeast corner of 107th Street and Indiana Avenue) --Hold a Public Hearing . on request of J.D. Hinson (for Living Word Foursquare Church) for a change of zoning from R-2 to A-2 for a church and related uses under provisions of Section 29-29 of the Code of Ordinances on a tract of land in Section �- ORDINANCE #8926 ORDINANCE NO. 8926 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2508-A; A ZONING CHANGE FROM R-2 TO A-2 ZONING, LIMITED TO CHURCH USES, ON A TRACT IN SECTION 19, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. J. D. Henson presented this request for a church in the vicinity Of I06th Street and Indiana Avenue. Assistant City Manager Jim Bertram indicated that the dd'aC8Dt land use relationships are as follows: North - T zoning South - T zoning East - Vacant R-2 zoning West - Existing scattered single-family development He Said that the case is consistent with the Comprehen- sive Land Use Plan and with the lOCdtiOV requirements for L� -~ churches and is considered a routine case. The Planning Commission approved the case subject to the following CUMd1t10O5: That the ZOOiDg be A-2 limited to church and church related U52S. The Staff recommended that the City Council uphold the Planning CO00i8Si0D^ No one appeared to speak in opposition to this request. Motion was made by Councilman Carpenter, seconded by C0UDc1lmdD Patterson passing OD first reading Ordinance #8926 as reC000pDdgd by the Planning and Zoning Commis- sion and City Staff. Motion carried: 6 Yeas; 0 Nays. 237 May 22, 1986 86-45-237-360 (13.) ZONE CASE #2560--(southeast corner of 22nd Street and Avenue Q)--Hold a Public Hearing on the request of Alzada Malone for Magnum Motors for a change of zoning from C-3 to C-4 Specific Use for automobile sales under provisions of Section 29-24 23 of the Code of Ordinances on the west half of Lot 10, all of Lots 11 and 12, and the east 21 and 12/13t5s feet of Lot 13, Block 15, McCrummen Second Addition. Proponent had requested that this item be held until a later Council meeting when the full contingent of Council would be in attendance. Motion was made by Councilwoman Trejo, seconded by Councilman Patterson to continue this request to a future Council meeting. Motion carried: 6 Yeas; 0 Nays. 86-45-237-361 (15.) Consider ORDINANCE #8927 to abandon and close a portion of 6th Street between University Avenue and the west right-of-way line of a private street known as Boston Avenue. AN ORDINANCE ABANDONING AND CLOSING A PORTION OF NORTH QUAKER AVENUE 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 Robert L. Bray, Director of Planning for Texas Tech University has requested this closure for the purpose of creating a mall -type area between the two athletic areas. The first reading was February 13, 1986. Mr. Bray requested the closure of 6th Street from University Avenue to the west right-of-way line of Boston. To do so, the Ordinance description of February 13 had to be revised, and Ordinance #8895 had to be cancelled and started anew. This Ordinance reflects Texas Tech's current request. City Manager Larry Cunningham indicated that Staff is concerned that the public have access to the Auditorium -Coliseum through the 8th Street entrance, and recommended that Council pass the Ordinance on first reading, and before second reading, that they receive a letter from Tech specifying access by the public to the Auditorium -Coliseum through the 8th Street entrance. Motion was made by Councilman Carpenter, seconded by Councilman Phillips that Council honor the request of Texas Tech to close 6th Street, with the understanding that the public will have access to the Auditorium - Coliseum through the 8th Street Entrance, and that assurance of this will be in the form of a letter from Texas Tech to the City Council, and be received before second reading. Councilman Carpenter went on to state that "My motion is that if we do have access whether it be in letter form or otherwise, my motion stands; if we don't have access then this motion doesn't even carry." Motion carried: 6 Yeas; 0 Nays. 86-45-237-362 (16.) Consider Resolution #2318 authorizing the Mayor to Community Development Funding Agreement execute a Funding Agreement and Quitclaim deed with the in Files Guadalupe -Parkway Neighborhood Centers, Inc., to convey Parkway Neighborhood Center building 405 North Quirt). Quit Claim Deed in Files RESOLUTION #2318 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 O Funding Agreement and Quitclaim Deed by and between the City of Lubbock and Guadalupe -Parkway Neighborhood Centers, Inc. for funding and ownership of Parkway Neighborhood Center, attached herewith, which shall be Spread UpOD 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 L�J detail. Passed by the City Council this 22Od day Of May, 1986. McMinn B. C. MCMINN, MAYOR ATTEST: RdO8tte Boyd, City Secretary APPROVED AS TO CONTENT: Ogletree/s/ Sandy Sandy Ogletree, Community Development Administrator APPROVED AS TO FORM: /s/ Laura J. Monroe Laura J. Monroe, Assistant City Attorney QUITCLAIM DEED THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS COUNTY OF LUBBOCK § -�' That the CITY OF LUBBOCK, an Home Rule Municipality in the County Of Lubbock,State of Texas, for and in consideration of the 6U0 of ONE AND N0/100 $I°00\ DOLLARS and other good and valuable CODSid8rdtiOO to it in hand paid by GUADA[UPE-PARKWAY NEIGHBORHOOD CENTERS, INC., a nonprofit corporation, of Lubbock, Texas hereinafter called "Grantee", the receipt of which is hereby acknowledged, does hereby by these presents ABANDON, DIS- CLAIM, RELEASE and FOREVER QUITCLAIM unto the said GRANTEE, all its rights, title and interest in and to those certain tracts or parcels of land lying and being situated in the County Of Lubbock, State Of Texas, described as follows, to -wit: All Of Tract C, Mackenzie MdOprS Addition to the City of Lubbock, Lubbock County, Texas. TO HAVE AND TO HOLD the same premises together with all and singular the rights, privileges and appurtenances thereto in any manner belonging UDt0 the said GRANTEE, its successors and assigns forever, S0 that neither the GRANTOR, CITY OF LUBBOCK, its 3UCC8ssorS or dS3igD3^ nor any persons claiming under it shall at any time hereinafter, have, Claim or demand any right to the titl2 to the aforesaid premises Or appurtenances or any part thereof. WITNESS MY HAND AT LUBBOCK, TEXAS, this 22nd day of May, 1980~ B. C. MCMlNN, MAYOR ATTEST: RdOette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Sandy Ogletree Sandy Ogletree, Community Development Administrator APPROVED AS TO FORM: U Michele �� i"+""+ r*+., 239 May 22, 1986 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 B. C. McMINN, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 23rd day of May, 1986. /s/ Olivia R. Solis Notary Public, Lubbock County, Texas My Commission Expires: 11/30/89 As discussed with the City Council on March 27, 1986, the City of Lubbock currently owns six facilities which were acquired and/or renovated with Community Development Block Grant Funds. These neighborhood facilities are owned by the City but are operated by a non-profit agency. The current Community Development guidelines do not require the City to own the assisted facilities and also the guidelines allow the City to dispose of these facili- ties. In light of the ongoing questions concerning the responsibilities of the operating agencies on items such as maintenance and repair, insurance, and improvements, it is recommended that ownership of these facilities be transferred to the current operating agencies. The proposed Funding Agreement stipulates that the Agency must continue to operate and maintain the Parkway Neigh- borhood Center as it is currently for a five-year period. If the agency vacates the structure or changes the use of the structure before the end of five years, the Agency shall pay the fair market value of the structure or convey the structure back to the City. This clause assists in the City's compliance with the CDBG regula- tions and the State Statute by insuring adequate consider- ation is received by the City in the form of services. The Quitclaim Deed transfers all rights, title and interest in the property known as Parkway Neighborhood Center, located at 405 N. Quirt Avenue, from the City of Lubbock to the Guadalupe -Parkway Neighborhood Centers, Inc. These Agreements were considered by the Guadalupe -Parkway Neighborhood Centers, Inc. Board of Directors on May 15, 1986 and were approved by them. Staff recommended approval of this Resolution. Motion was made by Councilman Patterson, seconded by Councilman Phillips authorizing Resolution #2318 as recommended by City Staff. Motion carried: 6 Yeas; 0 Nays. 86-45-239-363 (17.) Consider Resolution #2319 authorizing the Mayor to sign a Lease Agreement with the Guadalupe -Parkway Neighborhood Lease Agreement in Files Centers, Inc., for facility and site improvements at Parkway Neighbor ood Center 405 North Quirt . RESOLUTION #2319 npoz0/|nrTnm 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 a Lease Agreement by and between the City of Lubbock and Guadalupe Neighborhood Center, Inc., attached herewith, which shall be spread UpOD the minutes Of the Council and as Spread upon the minutes Of this Council shall constitute and be a part of this ReSOlUtfOD as fully copied herein in detail. Passed by the City Council this 22nd day of May, 1986. McMinn B. C. McMINN, MAYOR ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Jim Weston Jim Weston, Director of Community Facilities APPROVED AS TO FORM: Michele Michele Hart, Assistant City Attorney LEASE AGREEMENT BETWEEN THE CITY OF LUBBOCK AND THE GUADALUPE NEIGHBORHOOD CENTER, INC. STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK 6 This agreement entered into this day between the City of Lubbock, D home rule municipal corporation, as Lessor and the Guadalupe Neighborhood Center, Inc., d non-profit corporation organized under the ldv8 Of the State Of Texas, hereinafter Called "Lessee." WITNES3ETH: WHEREAS, the objects Of Lessee's non-profit corporation is to promote the social welfare of the Guadalupe Neighborhood and their eOYir8OS by developing a program of recreational, educational, and public 52rVic88 to individuals, families, groups, and the neighborhoods to meet the basic O88Us of residents of the areas; and WHEREAS, the services provided by the Lessee benefit citizens of the City of Lubbock and constitute d valuable public service; and WHEREAS, the City Council Of the City Of Lubbock hereby declares the maintenance and operation Of the Guadalupe Neighborhood Center in the facilities herein leased to the Lessee to be d public purpose; and WHEREAS, the City Council Of the City of Lubbock hereby finds that Lessee has special expertise, knowledge, and experience UeC8SSdry for the operation of the Guadalupe Neighborhood Center and that the ends of the public good, health, safety, and welfare will be best served by leasing said facilities to Lessee to be used in furtherance Of such public purpose. I. NOW THEREFORE, the City of Lubbock, Lessor herein, acting by and through its Mayor, who is duly authorized hereunto, dO8S hereby lease U0tO the Guadalupe Neighborhood Center, Inc., the building located at 102 AVeBU8 P, City of Lubbock, Lubbock, Texas. Such lease is granted UpOD the terms and conditions which follow. II. l" The term Of this lease shall be for d period of five (5) years from the date of execution Of this agreement. ?^ This lease will be automatically extended beyond the primary term +..~ .... +. —1- ..1.,= ,,","1/,+;"° 1=,^ 4� ""","+"a 241 May 22, 1986 3. in consideration of the execution of this lease the Lessee agrees to pay to Lessor the sum of $10,080 per year for the term of this agreement less the value of contributions by the Lessee as described in Attachment A, attached and other valuable considerations to -wit: operating and maintain- ing a neighborhood center to serve the needs of residents of the Guadalupe Neighborhood, such residents being persons who are in need of such services and who are citizens of Lubbock; maintaining, upkeeping and insuring said property. Such rentals shall become due and payable at the end of the first year after the execution of this agreement and at the end of each year thereafter throughout the term of this lease. Payment should be made to the Parks and Recreation Director. 4. This lease is granted for the purpose of operating and maintaining a neighborhood center for the benefit of residents of the Guadalupe Neighbor- hood, and citizens of the City of Lubbock. This lease will be terminated upon the property being used for other purposes. Lessee shall report annually to the Parks and Recreation Director proof that property is being used for stated purposes. Such report shall be filed thirty (30) days following the end of the Lessee's fiscal year and shall, at a minimum, include hours of operation, a list of programming and services provided, the number of participants served, and the number of participant hours. 5. The Lessee agrees that it will adequately insure and pay the premiums on policies of insurance against fire, hail, windstorm, explosion and other hazards on said premises. At such time that the current insurance policy is renewed or November 1, 1986, whichever occurs first, such insurance shall be in an amount equal to the fair market value of such improvements and shall name the City of Lubbock as an insured party as its interests may appear. All policies and certificates of insurance shall contain a provision that written notice of cancellation or of any material change in said policy or policies shall be delivered to the City thirty (30) days in advance of the effective date thereof. Lessee shall deposit with Lessor certified copies of said policy or policies. Lessee will carry and maintain Public Liability insurance in companies licensed to do business in the State of Texas for the protection of the City of Lubbock and naming it as an additional insured, insuring against all claims, losses, costs or expenses arising out of injuries to persons whether or not employed by the Lessee, damage to property whether resulting from acts or omissions, negligence or otherwise of the Lessee or any of its agents, em- ployees, patrons or other persons, and growing out of the use of the said premises by Lessee, such policies to provide for a liability limit on account of each accident resulting in a bodily injury or death to one person of not less than Five Hundred Thousand Dollars ($500,000.00) and a liability limit of not less than One Hundred Thousand Dollars ($100,000.00) for each accident for property damage. Lessee shall furnish evidence to the City of Lubbock of continuance in force of said policies and said policies shall be so worded as to insure ten (10) days notice of cancellation or any modification of such policy to the City of Lubbock. Said policies shall be subject to the approval of the City of Lubbock. 6. The Lessee shall, at its own cost and expense, take good care of said property and fixtures, keeping and maintaining them in good repair during the term of this lease, and making all necessary repairs and replace- ments to said improvements, including all the routine maintenance, repair and replacement of the heating, air conditioning, plumbing, electrical systems and structure, except such repairs as may be covered as an insured loss under a policy of insurance provided in accordance with Paragraph 5 above. The Lessee shall make no improvements in or to the leased premises without the consent of the Lessor in writing. Any such improvements shall become the property of the Lessor. At the termination of this lease, Lessee shall deliver to Lessor the leased premises in as good condition as at the begin- ning of the term, natural deterioration, depreciation and damage by fire and the elements only excepted. 7. The Lessor shall, at its own cost and expense, take good care of the park land, including the sidewalks, driveways, and curbs adjoining the leased facility. The Lessor shall be responsible for the maintenance of the landscaping on said property. 8. At all times during the term of this lease, Lessor shall have the right, to enter upon the leased premises during reasonable business hours for the purpose of examining and inspecting the same and determining whether Lessee has complied with all of its obligations hereunder. 9. The Lessee shall comply with all ordinances of the City of Lubbock and laws of the State of Texas applicable to said premises and all orders and requirements imposed by the departments of Health, Zoning and Environmental Control, Sanitation, Police and Fire of the City, County and State. The Lessor may terminate this lease upon a determination by the Lessor that the operation of the Neighborhood Center no longer serves a public purpose or no longer provides a valuable public service to the citizens of the City of Lubbock. 10. The Lessee shall not assign or sublet the premises or any part thereof without the consent of the Lessor in writing or permit any other person or organization to occupy the premises other than the Lessee. 11 Tkn Inccnn eknl 1 not kn I; nkI n to +kn I nccnn nn +n +k- (nccnnIc May . 22, 1986 242 purposes for which the same are leased and agrees to hold the Lessor harmless from all Cldi0S for any damage to any person Or property in Or upon said property. 12^ In the event either party desires to terminate this agreement at the end of the primary term or any extension thereof, notice shall be given in writing, 90 days prior to the renewal date, stating that the (8DSe is to be terminated. ID the event the lease is terminated, the [2SSg2 shall, within the specified time period, re0nY8 its property from the leased premises. 13~ Any notice or DVCiC8S required or permitted to be given pursuant to this Lease may be personally served on the other Party by the Party giving such notice, Or may be served by certified mail, return receipt requested, to the Parks and Recreation Director, City of Lubbock, P.O. Box 2000, Lubbock, Texas, 74457, Or to EXeCVtfV8 Director, Guadalupe Neighborhood Center, Inc., 102 Avenue P, Lubbock, Texas, 79403^ 14. The Lessor shall pay the Utilities through October 30, 1986. Thereafter, the utilities incurred in the operation Of Said services are the sole responsibility Of the Lessee. All Other costs incurred in the operation of said services are the sole responsibility Of the Lessee as Of the acceptance of this agreement. 15. Lessee especially covenants and agrees to pay and discharge all reasonable costs, dttOrD2y's fees, and expenses that may be incurred by Lessor in enforcing the CVVeOdDt5, agreements, conditions and terms hereof, and all of the Same shall be payable to Lessor. Lessor may terminate lease upon the breach of conditions contained in the lease by giving ninety /90\ days written notice to the Lessee. EXECUTED this 22nd day of May, 1986. ATTEST: Ranette Boyd, City Secretary -Treasurer APPROVED AS TO CONTENT: Rita Rita P. H0UO, Assistant City Manager for Public Safety & Services /s/ Michele Hart ATTACHMENT A CITY OF LUBBOCK B.C. McMINN, MAYOR 8UADALUPE NEIGHBORHOOD CENTER, INC. /s/ Kathryn H. Quilliam PRESIDENT ATTEST: /s/ Deborah Bigness Secretary LEASE AGREEMENT BETWEEN THE CITY OF LUBBOCK AND THE GUADALUPE NEIGHBORHOOD CENTER, INC. The value of contributions made by the Lessee for operating and maintaining d neighborhood center to serve the needs Of residents Of the Guadalupe Neighborhood are as follows: Utilities $ 3,500 Maintenance 3,189 18,000 Participant AOUr3 X $ "30 The value of the contributions made by the Lessee are Used to offset the d00Vnt of rent for the terms of the agreement as specified in Section 2, subsection 3° 86-45-243-364 /I8^\ - Community D8V2lVpm.eDt Funding Agreement/ [0OtrdCt for Structure Modifications in Files As part of the I986-87 Block Grant Program, the City Council approved the allocation of $15,2I0 to the Guadalupe -Parkway Neighborhood Centers, Inc. to be Used for c00StrVCtiVD of a C0DCr8t2 Slab and for installation of basketball goals and volleyball equipment at the Parkway Neighborhood Center (located at 405 N. Quirt Avenue). This Funding Agreement states that Guadalupe - Parkway Neighborhood Centers, Inc. will be responsible for SgCUriOg the contractor by competitive bids and 0Vers821Dg the project. This project will begin on June 1. This Agreement has been reviewed by the GU8ddlup8-Parkway Neighborhood Centers Board of Directors at their May 15, 1986 meeting and was approved by them. Staff recommended 8ppr0Vd\ Of this Funding Agreement. Motion was made by Councilwoman Trejo, seconded by Councilman Patterson authorizing Resolution #2319 as r8C0008Od8d by City Staff. Motion Carried: 6 Yeas; O Mdy8~ Consider Resolution 232O authorizin execute a Funding Agreement with the RESOLUTION #2320 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: Or to THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and VO behalf of the City Of Lubbock d Funding Agreement by and between the City Of Lubbock and Guadalupe Neighborhood Centers, Inc. for construction Of basketball and volleyball facilities at Parkway Neighborhood Center, attached herewith, which shall be spread Up00 the minutes Of the Council and as spread Vp0O the minutes Of this Council shall constitute and be a part of this Resolution as fully CVp18d herein in detail~ Passed by the City Council this 22nd day of May, 1986. B. C. McMINN, MAYOR ATTEST: Ramptte Boyd, City Secretary APPROVED AS TO CONTENT: Ogletree/s/ Sandy Community Development Administrator APPROVED AS TO FORM: Monroe Laura J. ,�ASSistdnt City Attorney �nv �—~ 22, 1980 244 COMMUNITY DEVELOPMENT FUNDING AGREEMENT/ CONTRACT FOR STRUCTURE MODIFICATIONS BETWEEN THE CITY OF LUBBOCK AND THE GUADALUPE-PARKWAY NEIGHBORHOOD CENTERS, INC. STATE OF TEXAS 6 COUNTY OF LUBBOCK 6 This agreement is entered into this 22Od day of May, 1980 between the City of Lubbock, Texas, a home rule municipal corporation, hereinafter called "City" and the Guadalupe -Parkway Neighborhood Centers, Inc., d non-profit corporation hereinafter called "Corporation". WlTNESSETH: WHEREAS, the City is obligated to d0 and perform certain services in its undertaking of a Community Development Plan pUr5Ud0t to the Housing and Development Act Of 1974^ as amended; and L�J WHEREAS, the Corporation is d non-profit corporation and a neighborhood -based organization operating within the boundaries Of the Community Development Block Grant Target Area and 0ff8rlOQ d program Of 52rViCe3 to meet the basic needs of the residents of the area; and WHEREAS, the services provided by the Corporation benefit citizens of the City of Lubbock and C0DStitUt8 a valuable public service; and WHEREAS, the City Council of the City of Lubbock has declared the maintenance and operation of a neighborhood center by the Corporation to be O public purpose; and WHEREAS, the Corporation and the services it provides have been found to meet the Criteria for funding under provision 570~20I/C\ Of the Community Development R8gUldtf0O for Public Services; and WHEREAS, the accomplishment of the public purpose is the predominant purpose of the transaction; continuing supervision by the City together with statutory and contractual requirements provide sufficient assurance that the public purpose will be accomplished; the City Council has found that the Corporation has the special expertise, knowledge and experience necessary for the operation of a neighborhood center and that the City will receive adequate consideration in the form of SUbStdDt1dl public benefit; and |3 WHEREAS, the City desires to contract with the Corporation to make available assistance for the construction of d basketball/volleyball COUrt^ NOW THEREFORE, the City and the Corporation do hereby mutually agree as follows: l. The assistance made available through this contract shall be Used by the Corporation solely for the purpose of constructing a 60 foot by 100 foot concrete slab and purchase and installation of basketball goals, volleyball net and poles at the Parkway Neighborhood Center located at 405 N. Quirt Avenue and further being described as All of Tract C, Mackenzie Manors Addition to the City of Lubbock, Lubbock County, TeXa3^ for the Use by the Corporation as a recreational facility for the residents of the area. Assistance to be provided will be limited to that work which is required to construct the concrete slab and purchase and install the basket- ball goals, volleyball net and poles. The assistance shall also be Used to pay costs incurred by the Corporation for preparing plans and specifications, securing competitive bids and monitoring the progress of the project. This contract shall commence VD Or as Of June l, I986 and Shall terminate on May 31, 1987. --- 2. The City agrees to provide the Corporation assistance from Department Of Housing and Urban Development funds in an amount not to exceed $15,210" It is understood and hereby agreed that it shall be the responsibility of the Corporation to perform and do the activities set forth in this agreement as consideration for the funds secured and provided by the City hereunder. 3. Corporation agrees to solicit for construction work through the competitive bid process. The competitive bid process Shall include formal advertisement, acceptance Of sealed bids, and the public opening of those -`— bids. City retains the right to review all bids prior to contract award. Prior to award Of the C0DtrOCt to the lowest responsible bidder, City will obtain a contractors CledrdOC8 from the Department of Housing and Urban Development. In the event the low hid COOtrdCtOr is ineligible, the C0OtrdCC shall be awarded to the lowest eligible bidder. The Corporation agrees to secure prOf8S5f0nOl assistance as Deeded in the preparation Of plans and specifications for the work to be undertaken. Corporation will secure all professional 38rViC8S through d negotiation process. 245 ' , May 1986 City will provide Corporation with a copy of the current U.S. Act. 4. City agrees to conduct a pre -construction conference for the purpose of reviewing the Davis -Bacon Act, the Contract Work Hours and Safety Standards Act, and other applicable federal, state and local labor requirements with the contractor. 5. City agrees to pay Corporation based upon the receipt of request for funds and project expense summary up to $15,210 following Corporation's initial expense incurred for the above -mentioned project. Corporation will make payments in a timely manner to the Contractor as provided in the contract between owner and contractor upon receipt by the Corporation of acceptable certificates of payment previously approved by the Architect employed for this purpose or the project manager. In the event Corporation has not used the entire funded amount upon the completion of this project, Corporation shall refund City that unused portion within 30 days of the completion of this project. 6. During the period of construction the City agrees to assume respon- sibility for contractor's compliance with all labor standards provisions applicable to the Community Development Block Grant Program. City shall certify on each periodic request for payment that all labor standards pro- visions have been satisfied by contractor. 7. Corporation agrees to submit all documents relating to its ownership or right to occupy the hereinabove described structure for approval by the City within ten (10) days after the date of execution of this contract. 8. As soon as practical after execution of this agreement, Corporation agrees to consult with an Architect or other individual qualified to develop general constructions criteria prior to development of any plans or drawings. The construction drawings or specifications and all related documents shall be submitted to the City for approval prior to formal bidding of project. 9. It is expressly understood by Corporation that this assistance is made available as part of City's Community Development Block Grant Program, and as such, the activities undertaken must comply with all of the rules and regulations established by said program, including those assurances and conditions which are included as Part II of this contract and hereby adopted for all purposes. Such rules and regulations shall be made a part of the contract between the Corporation and the Contractor. Corporation agrees that use of this structure shall be devoted primarily to low and moderate income individuals. 10. Corporation further agrees to make its books and records available for inspection by any representative of the City that City may determine at any mutually convenient time. Corporation also agrees to provide City with such reports as the City may from time to time require as proof of Corpor- ation's compliance with any and all terms and conditions of the contract. All reports or other communications relative to this agreement shall be addressed to the Community Development Administrator or to a delegate expressly named by her. 11. The Corporation agrees to occupy and maintain the structure and grounds in good condition for a period of not less than five (5) years from the date of City acceptance of the construction work. The maintenance of the structure and grounds will be at the Corporation's expense and not at the expense of the City of Lubbock. The Corporation further agrees to maintain adequate insurance on the existing structure and additions for a period of not less than 5 years. 12. In the event that the Corporation vacates or abandons the structure or changes the use of the structure for any reason during this period, the Corporation shall reimburse the City that sum of money expended by the City in connection with the construction of the improvements provided for in the agreement, including but not limited to, payments for the preparation of plans and specifications, actual construction and supervision cost. The City's right to reimbursement shall be calculated on the basis of the aggregate cost amortized over a period of five (5) years. 13. Corporation agrees to indemnify and hold the City harmless from and against all liability for injuries or death to persons, or damage to property caused by Corporation's use or occupancy of said structure, or by the negli- gence of its agents or employees, and Corporation shall give to City prompt and timely written notice of any claim instituted which in any way, directly or indirectly, contingently or otherwise, affects or might affect City and City shall have the right to compromise and defend same to the extent of its own interests. 14. No officer or employee of the City; no member of its governing body; and no other public official of the governing body of the locality in which the project is situated or being carried out who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this project shall participate in any decision relating to this agreement which affects his or her personal interest or have any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. 15. No member of or delegate tq..,-�O� ;Pongress of the United States and no May 22, 1986 246 16. The Corporation shall not assign, sell or transfer any interest in this contract without the prior written consent of the City thereof. 17. For purposes of determining venue and the law governing this agree- ment, activities performed under this agreement are performed in the City and County of Lubbock, State of Texas. 18. This agreement contains the entire agreement of the parties. 19. None of the services covered by this agreement shall be subcontracted without the prior written consent of the City. IN WITNESS WHEREOF, the City and the Corporation have executed this agreement as of the first day above written. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Sandy Ogletree Sandy Ogletree, Community Development Administrator /s/ Michele Hart Michele Hart, Assistant City Attorney AFEAUTAKURRIT431 /s/ B. C. McMinn B. C. MCMINN, MAYOR GUADALUPE-PARKWAY NEIGHBORHOOD CENTERS, INC. /s/ Kathryn H. Quilliam Kathryn H. Quilliam President The 1986-87 Community Development Budget included $25,000 to renovate the Guadalupe Neighborhood Center which is a City -owned facility that houses a United Way agency. The agency has operated out of the building for at least 24 years with a "gentlemen's agreement" that held the City responsible for maintaining a facility even though it had no control over the operations of the center. Funding for the renovation was contingent on negotiating a Lease Agreement with the Guadalupe -Parkway Neighborhood Centers, Inc. which clearly outlines the responsi- bilities for operating and maintaining the facility. The Lease Agreement includes the following significant elements: 1. Lease payments --The City of Lubbock will charge a fair market value for the rent of the facilities; however, this rent will be offset by the programs and activities provided by the Center. In order to document the "public service" being provided, the Center will need to file an annual activity report as specified by the City of Lubbock. 2. Maintenance --All interior and exterior maintenance of the facility will be provided by the Guadalupe -Parkway Neighborhood Centers, Inc. Maintenance costs will be viewed as an in -kind contribution towards the payment of the rent. On an annual basis, the City will review the maintenance expenditures to ensure that the Center's in -kind costs are adequately off- setting the fair market value. 3. Utility payment --The Center will be respon- sible for the payment of all utility bills as of the beginning of their fiscal year. At the current time, the City of Lubbock is paying utilities at approximately $3,500 per year. The cost of the utilities will also be viewed as an in -kind match for the Center to offset the fair market rental. 4. Reporting procedures --Specific reporting procedures have been outlined that require the Center to provide the City of Lubbock with an Specified in the initial Agreement, and does provide the City the option of auditing records and h00hS to confirm this information. The Lease 4mr8e08Ot has been approved by the Guadalupe - Parkway Neighborhood Centers, Inc., the Board Of Directors for the Agency, who recommend the Agreement for signature by the Mayor" City Staff COnCUrS with this recommendation. Motion was 0dd8 by Councilwoman Tr 'V, GeCOOd8d by [0UDCilmaR Patterson authorizing Resolution #2320 OS recommended by the Board of Directors for the Agency and City Staff. Motion carried: 6 Yeas; 0 Nays. 85-45-247-365 (19.) Consider Resolution #2321 authorizingh Study of reversible lane on 34t Street between Avenue Q and Slide RESOLUTION #2321 0cq0|UTT0N WHEREAS, the public safety and welfare requires that the City of Lubbock periodically conduct YOrfOUs traffic engineering studies; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the study Of d reversible ldo2 on 34th Street between Avenue 0 and Slide Road is hereby authorized. Passed by the City Council this 22nd day of May, 1986. McMinn B. C. McMINN, MAYOR ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Davidl [amid E. W0OSley, Traffic Engineer APPROVED AS TO FORM: Michele Hart Michele Hart, Assistant City Attorney On May 8, 1986, the City Council approved the selection of Barton-AsCh0dD and Associates, Inc. to C0DdUCt a Study Of the feasibility of d reversible lane on 34th Street. This Study will be financed using Federal -Aid Highway Safety Funds, which requires d Contract between the City and the State Department Of Highways and Public Transpor- tation. The State has initiated the use Of a new Contract form which requires that the City approve an Ordinance or R8S0lUti0O authorizing d project prior to d Contract being written. In addition, the Contract between the City and the State 0USt be approved before d [OOtrdCt with the consultant can be prepared. Therefore, this Resolution is the first step required before this project CdO get under way. Staff recommended approval of this item. Motion was made by Councilman Carpenter, S8C0Od2d by Mayor Pro Tem Baker authorizing Resolution #2321 on recommendation of City Staff. Motion carried: d Yeas; 0 Nays. 86-45-247-366 (20°) Consider Resolution23h iing the Mayor to sign Change Order to the 98th Street Sanitary Sewer Contract. Change Order No. | in Files RESOLUTION #2322 May 22, 1986 mm PPIZ01 IITTf)N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock Change Order No. 1 to a contract heretofore entered into by and between said City and BRB Contractors, Inc. so as to extend the 98th Street Sanitary Main (which is presently Avenue P to Salisbury Avenue) to extend said main from Salisbury Avenue over to Slide Road for an additional cost of $543,649.00 (which additional cost increases the original contract price of $3,622,114.00 to a new contract price of $4,165.763.00), 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 Resolu- tion as fully copied herein in detail. Passed by the City Council this 22nd day of May, 1986. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Wilford D. Watson Wilford Watson, Chief Engineer, Water Utilities APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney Change Order No. 1 98th Street Sanitary Main Avenue "P" to Salisbury Avenue 36-0001-14800-012480 To: BRB Contractors, Inc. P. 0. Box 8128 Topeka, Kansas 66608 Original Amount of Contract $3,622,114.00 Net Amount this Change Order 543,649.00 Amended Amount of Contract $4,165,763.00 Original Completion Date December 16, 1986 Amended Completion Date February 28, 1987 Whereas, it is desirable to make changes in the plans and specifications for this project; THIS AGREEMENT WITNESSETH: In consideration of the mutual advantages gained, the Owner and the Contractor agree to the change shown herein and in the attached exhibits and data and the Owner and the Contractor agree that the original contract between them shall be modified and amended to the extent herein indicated. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this the 22nd day of May, 1986. BRB Contractors, Inc. By /s/ Byron R. Braymen Byron R. Braymen, President CITY OF LUBBOCK OWNER By /s/ B. C. McMinn B. C. McMinn, Mayor Attest: /s/ Ranette Boyd Ranette Boyd, City Secretary Approved as to form: /s/ J. Worth Fullingim Recommended for Approval /s/ Wilford D. Watson Explanation f Change Extension of 36" sanitary Sewer from Salisbury Avenue to Slide Road. Breakdown Of Chan 575/ of 36» /24-26\ Cut @ t137~00 = $ 78,775~00 1914/ Of 36" 20-28 cut @ $141~00 = 269,874~00 I250' of 36" (28~30) cut @ $156.00 = 195,000.00 TOTAL $543,649.00 This Change Order adds the C00strUCti00 of the 98th Street Sewer from Salisbury AVeDU8 to Slide Road at d CVSt of $543,649. (The C05t is based on the unit bid prices in the existing Contract and may vary Slightly, depending on the exact footage added and the depth Of cut necessary to install this line.) The Change Order also changes the time Of completion from December 10, 1986 to February 28, 1987. Staff recommended approval of this Change Order. Motion was made by Councilman Phillips, seconded by Councilwoman Trejo authorizing Resolution #2322 as recommended by City Staff. Motion carried: 6 Yeas; 0 Nays. 85-45-249-367 (21~) Consider Resolution #2323 authorizing an Engineering Service Agreement with Parkhill, Smith and Agreement in File Cooper, Inc. for the third phase of water and sanitary sewer relocations ahead of 1-27 construction. RESOLUTION #2323 ocI�01|nrr0m 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 d C0OtrdCt for professional consultant engineering 58rVic2S to be performed in C0nO2CtioM with the 3rd phase Of water and sanitary sewer utility relocation On I-27 State Highway Construction by the State of Texas to be done for the City Of Lubbock (as 0NDer) by Parkhill, Smith & Cooper, Inc. (as Engineers - Architects - Planners) said contract to be entered into by and between Said City and Parkhill, Smith & Cooper, Inc., attached herewith, which Shall be Spread Up0D the minutes of the Council and as spread upon the minutes Of this Council shall constitute and be d part Of this Resolution as fully copied herein in detail. Passed by the City Council this 22nd day of May, 1986. B. C. McMINN, MAYOR ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Wilford Wilford Watson, Chief Engineer, Water Utilities APPROVED AS TO FORM: Fullingim J. Worth Fu|{1Dglm» Assistant City Attorney The Highway Department requires that each segment Of construction have D separate Engineering Agreement for the water and sanitary sewer relocations ahead of I-27 construction. This is the third Contract and c0YSrS that portion Of I-27 from Itasca Street to 3rd Street and from 13th Street to 22Od Street. The COSt of the engineering is estimated at d fixed fee not to exceed $233,410. The 250 86-45-250-368 (22.) Consider Resolution #2324 authorizinghsign a Pipeline License Grant and Agreement in Files Company.-----=-- RESOLUTION 2324 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 UD behalf of the City Of Lubbock d letter in the nature of a letter of consent addressed to Mr. and Mrs. John Boren, Box 511» JUSticeburg, Texas 74330 as agents for Walter 8Or8D and his sister Mildred Boren Wood relative to the execution by the Said Walter Boren and Mildred Boren Wood of a License Grant and Agreement in favor Of the Mid -Plains Pipeline Company to which said letter of consent is to be attached, 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 22nd day of May, 1986. McMinn B. C. McMINN, MAYOR ATTEST: Secretary APPROVED AS TO CONTENT: Wilford Wilford Watson, Chi8f Engineer, Water Utilities Fullingim J. Worth FV||1Dgi0, Assistant City Attorney Mid -Plains Pipeline Company is constructing d pipeline in the JuStiCeburg area on property owned by Walter Boren and Mildred Boren Wood. Since the property is encumbered by the Agreement between the land owners and the City Of Lubbock, the Pipeline Company is requesting a Release on that property OD which the pipeline will be C0DStrUCted° Staff has looked at the Lease Agreement and the proposed route of the pipeline and do not see any problems with authorizing this release. Motion was made by Mayor Pro Te0 Baker, seconded by Councilman Phillips authorizing R83OlUt1UO #2324 as recommended by City Staff. Motion carried: d Yeas; O Mays. 86-45-250-369 /23.\ Consider Resolution #2325 authorizing thei standard form of Agreement with the engineering firm of Agreement in Files Roberts and Thoma, Consulting Engineers for engineering work to remove the concrete column in the Committee Room .in the Municipal Building at 1625 13th Street. RESOLUTION #2325 251 May 22, 1986 R0TAIgnw "Ak BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement between the City of Lubbock and Roberts and Th0Dd, Consulting Engineers, for d Standard F0Mn of Agreement Between Owner and Engineer for Profes- sional Services, attached herewith, which shall be spread UpOD the minutes Of the Council and as spread VpOD 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 22nd day of May, 1986. B. C. McMINN, MAYOR ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: William Bill Payne, Director of Administrative Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, St Assistant City Attorney Councilman George Carpenter and COVOCi|w00dO Joan Baker met with Evan Roberts, Engineer, Rita Harmon and Bill Payne OD May A, 1986 and reviewed plans for removal of the c0l0nO in the Committee RU0n~ Mr. Roberts indicated the cost would be approximately $30,000 to r20OYe this column, and the engineering fees would be in the amount of $3,500. Revenue Sharing is proposed as the source of funding for this project. Approximately $20,000 from savings in the Health Department remodel project and the bdlODC2 from ReY80U8 Sharing interest earnings will be available to fund this project. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Phillips authorizing Resolution #2325. Motion carried: 6 Yeas; 0 Nays. 86-45-251-370 /24~\ Consider Resolution #2325 authorizing execute a Contract with Reed P rnc. and Depository Agreement in MBank Austin to receive, collect, transmit and deposit Files Sales Tax Rebates on behalf of the City of Lubbock. RESOLUTION #2326 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor Of the City Of Lubbock BE and is hereby dUtkOriZeU and directed to execute for and on behalf of the City of Lubbock O Depository Agreement and associated d8CU0eDtS by and between the City Of Lubbock, Reed Municipal Services, Inc. and MBank Austin, N.A., attached herewith, which shall he spread UpOO the minutes of the Council and as Spread Up0D 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 22nd day of May, 1986. B. C. McMINN, MAYOR ATTEST: Ranette Boyd, City Secretary May 22, 1986 254 Exhibit "A" Disbursement to CITY as to its prorate portion of Texas' Limited Use (Sales) Tax ;m MBank Austin, N.A. 221 West Sixth Street P. 0. Box 2266 Austin, Texas DEPOSITORY BANK American State Bank P. 0. Box 1401 Lubbock, Texas 79408 DEPOSITORY ACCOUNT Account Holder: City of Lubbock Account Number: 008-7793 DESIGNATED OFFICIAL Name: Camelia Fisher Title: Investment Analyst Telephone Number: (806) 762-6411, Ext. 2022 PENALTY An amount equal to the daily accrual of the Federal Funds Rate as defined by MBank Austin, N.A. upon the amount of the warrant issued by the Comptroller of Public Accounts of the State of Texas for each following the date of disbursement of such warrant by the Comptroller that such funds are not transmitted to the Depository Account of CITY. XCIMME"'. The fees for the warrant collection operation are as follows: Monthly Receipts per City Fee Less than $100,000 $ 45.00 $ 100,000 to $ 199,999 $ 65.00 $ 200,000 to $ 299,999 75.00 $ 300,000 to $ 399,999 95.00 $ 400,000 to $ 499,999 100.00 $ 500,000 to $ 599,999 115.00 $ 600,000 to $ 699,999 135.00 $ 700,000 to $ 799,999 160.00 $ 800,000 to $ 899,999 175.00 $ 900,000 to $ 999,999 200.00 $1,000,000 to $1,099,999 225.00 $1,100,000 to $1,199,999 250.00 $1,200,000 to $1,299,999 260.00 $1,300,000 to $1,399,999 300.00 $1,400,000 to $1,499,999 325.00 $1,500,000 to $1,599,999 350.00 $1,600,000 to $1,699,999 410.00 $1,700,000 to $1,799,999 420.00 $1,800,000 to $1,899,999 430.00 $1,900,000 to $1,999,999 440.00 $2,000,000 and over 450.00 Exhibit "C" RESTRICTIVE ENDORSEMENT AUTHORITY City of Lubbock, Texas, a Municipal Corporation, chartered or existing under the laws and constitution of the State of Texas, herewith grants to MBank Austin, N.A. with principal business office at 221 West Sixth Street, Austin, Texas, the authority to endorse warrants payable to the order of City by the Comptroller of Public Accounts of the State of Texas as follows: "Pay to the Order of MBank Austin, N.A. to the credit of City of Lubbock, Texas." A copy of this Restrictive Endorsement Authority, when delivered to the Treasurer of the State of Texas, shall be deemed authority to the Treasurer to issue drafts upon the account of the State of Texas in exchange for warrants of the Comptroller of Public Accounts of the State of Texas endorsed as herein provided. 266 May 22, 1986 Until such Restrictive Endorsement Authority is withdrawn or modified as herein indicated, the City herein named absolves and holds harmless the Treasurer of the State of Texas for the issuance of drafts payable in conformity with endorsement to the Bank herein named. DATED: May 22, 1986 CITY: By: /s/ B. C. McMinn Mayor Telephone verification of the Restrictive Endorsement Authority herein granted may be obtained from: J. Robert Massengale, Assistant City Manager for Financial Services. The current arrangement for collection of City Sales Tax Rebates is with Texas Commerce Bank in Lubbock, and is to authorize Texas Commerce Bank Austin to pick up the warrant issued by the Comptroller, collect the monies for the City of Lubbock, and wire transfer those collected funds on the next business day to the City of Lubbock account at Texas Commerce Lubbock. The Depository Agreement with Texas Commerce Lubbock ends on May 31, 1986 and a new arrangement will have to be put into place. The method proposed for picking up the Sales Tax Warrant is by using Reed Municipal Services, Inc., which offers, for a fee, same -business -day transfer of funds. With the current interest rates, their fee is slightly higher than the interest which could be earned on the monies over- night. For example, April's rebate of $745,425 would have earned $141.73 and the fee would have been $160.00. The advantage to using this service is when the warrants are issued on Friday. The same -business -day transfer allows the monies to be invested over the weekend, and the interest earned for three (3) days more than offset the fee. The State Legislature, realizing the Texas cities' need for investable funds, has authorized a direct deposit system which would give the City same -business -day collectible funds. However, no funds were budgeted by the State Legislature for the implementation of the system, and it is unlikely that this system will be useable any time soon. Staff recommended approval of the Agreement with Reed Municipal Services, Inc. and MBank Austin. This Agree- ment is written with a 30-day cancellation clause which will give the City the option of switching to other services that become available in the future, while using the most cost effective services currently avail- able. Motion was made by Councilman Carpenter, seconded by Councilwoman Trejo authorizing Resolution #2327 on recommendation of the City Staff. Motion carried: 6 Yeas; 0 Nays. 86-45-255-371 (25.) Consider Resolution #2327 appointing a Charter Study rnmmittop- -RESOLUTION #2327 RESOLUTION WHEREAS, the City Council of the City of Lubbock desires to establish a Charter Study Committee to consider and recommend amendments to the City of Lubbock Charter; and WHEREAS, it is desired that such amendments be limited to the follow- ing general categories of potential changes: --conform the Charter to existing state and federal law in order to eliminate apparent conflicts; --correct grammatical and typographical errors contained in the Charter; and --recommend changes to expedite the handling of routine adminis- trative matters in order to provide greater efficiency in government; and --recommend any other appropriate changes to make our government �DEPOSITORY AGREEMENT This Agreement for depository services is made and entered into One the date hereinafter last written by and between REED MUNICIPAL SERVICES, INC., (hereinafter referred to as "RM3»\» with principal place of business at 1309 West LdV8Odar Lane in the City of Arlington, Tarrant County, Texas, the MUNICIPAL CORPORATION, d Texas political subdivision, (hereinafter referred to as "CITY"), designated and identified VD the signatory page hereof, whose principal bUsiO8S5 Office address is also shown thereon, and MBank Austin, N.A., a national banking association, (hereinafter referred to as "MBank"), with principal place of bUSi0e5S at 221 West Sixth Street, Austin, Travis County, Texas. WTTNFSSFTH- WHEREA3, CITY is the periodic payee Of certain funds collected and remitted OD behalf of CITY by the Texas Comptroller Of Public Accounts, (hereinafter referred to as "COMPTROLLER"); and WHEREAS, RM5, through this Depository Agreement, offers a service to CITY, available through MBank, which would greatly expedite the receipt, C0112CtiUO and deposit of such sums due S0 as to minimize Or dY0fd loss Of earnings with respect to such monies. NOW THEREFORE, for and in consideration of the premises herefOOb0Y2 stated and hereinafter set forth, RMS, CITY, and MBank agree as follows: I. CITY, by this Agreement, authorizes MBank, UpOO the terms and conditions hereof, to receive, collect, transmit and deposit those funds, periodically to be paid to CITY by COMPTROLLER, the "Source of Funds" being identified and more particularly described on Exhibit ,A" hereto, which Exhibit is incorporated herein by reference as through now set forth in full. II. CITY agrees to pay RMS a fee per trOOSaCt10D for the receipt, collection and deposit Of such funds, which "Transaction Fee" is also identified and set forth in Exhibit nBx hereto and incorporated herein as though now set forth in full. Such trdDS0CtiOO fee shall be based On actual sales taxes collected and rebated to the CITY each month. With respect to each transaction for which MBank is authorized to receive, collect and deposit funds payable to CITY from COMPTROLLER as to the Source of Funds identified OO Exhibit ,A", MBank shall perform the following 58rYiCeS for and on behalf of CITY. A. MBank shall, QD the date the COMPTROLLER iSSUe5 d warrant on the Treasury of the State of Texas as to each such transaction, arrange for the personal receipt Of such warrant, payable to the order of the CITY, by an authorized representative of MBank at the Office Of the Comptroller in the City of Austin, Texas. B. RM3 Shall further obtain on behalf of CITY d restrictive endorse- ment UpVD such warrant providing for the payment of the funds due thereunder to the order of MBank, d nationally chartered banking institution authorized to transact hUSiO2ss in the City of AU3t1D^ State Of Texas, which Bank is identified and named on Exhibit uAo hereto. C. MBank shall thereafter personally arrange, through a representa- tive Of MBank, for the presentment Of such warrant, SO endorsed, at the Office Of the Treasurer of the State of Texas and shall obtain, in exchange therefor, a draft in the d00uOt Of such warrant drawn upon an account of MBank from the State of Texas. D. MBank shall thereafter provide, for encashment of such draft at MBank to the credit of CITY" E. MBank shall thereafter provide for such funds to be deposited at MBank in an dCC0UDt for CITY and for the placement of such fUDdS^ S0 collected, VpVD the financial wire Of the Federal Reserve Bank for wire transfer to the "Depository Account" of CITY at the "Depository Bank" of CITY, which Depository ACC0VOt and Depository Bank are more particularly identified on Exhibit "An hereto as though now set forth in full" F. MBank shall telephonically advise O "Designated Official" Of CITY, which Designated Official is identified by Odmg with telephone number and extension OO Exhibit "A» hereto as though 5dNe were now set forth in full, Of the placement Of such funds Up0O the federal wire, to the Depository Account of CITY and the d0OuDt Of funds SV transmitted to the credit Of CITY. IV" 253 May 22, 1986 accomplishing the transactions required under this Depository Agreement by an act of God, an act of war, or a labor dispute; and the financial wire services of the Federal Reserve Bank are available and operable on such date, MBank subject only to the penalties set forth herein, shall arrange same banking day transmission of funds to CITY as herein set forth. Except upon the conditions herein set forth, should MBank be unable to transmit funds to the Depository Account of CITY at the designated Depository Bank on the date the warrant for same is issued and available from the Office of the Comptroller, MBank agrees to pay or credit to CITY the "Penalty" specified on Exhibit "A" hereto as though such penalty were now set forth herein in full. In the event any of the conditions precedent to such same day transaction, herein set forth, shall prevent MBank from effecting same day transmission of funds to the Depository Account of CITY at the designated Depository Bank, MBank shall, thereafter, complete the transaction services herein provided for on the next banking day after the date of issue of such draft from the Treasurer of the State of Texas. Should MBank determine that any delay or event has occurred which would prevent same day transmission of such funds to the account of CITY as herein provided, MBank shall telephon- ically advise the Designated Official of CITY of same and shall advise such Designated Official when such transaction and the services to be provided by MBank to CITY shall have been completed as to such transaction. V. CITY agrees, concurrent with the execution of this Agreement, to execute and deliver to RMS in favor of MBank a restrictive endorsement authority in the form provided by Exhibit "C" hereto. VI. This Agreement may be terminated by any party hereto upon thirty (30) days notice to the others. Such thirty (30) day period shall commence to run from the date of delivery of such notice of termination by the terminating party to the others. For purposes hereof such notice as to CITY shall be effective when delivered to the Designated Official, to RMS when delivered to Keith Reed c/o Reed Municipal Services, Inc., at the address herein stated, and to MBank when delivered to Susan Frapart at the address herein stated. Any party hereto shall be entitled to change the person to whom such notice shall be required to be given by notification to the others in writing thereof. Termination of this Agreement by RMS or MBank shall not prevent the other party from continuing to provide the services herein described to CITY. VII. Services provided by RMS and MBank hereunder shall be provided as independent contractors respectively and not as employees or agents of the other. VIII. The parties hereto acknowledge that the terms and provisions hereof constitute the entire and sole agreement of the parties hereto as to this Depository Agreement and that no alteration or other modification of this Depository Agreement shall be effective unless such modification shall be in writing and signed by the parties hereto. IX. The laws of the State of Texas shall control and govern the construction and enforcement of this Depository Agreement and venue for any litigation pertaining to same shall lie in Travis County, Texas. X. In the event any suit, controversy, claim or dispute occurs between parties hereto and arises out of or relating to this Depository Agreement or breach thereof, the prevailing party shall be entitled to recover reasonable expenses, attorneys' fees and costs. XI. This Depository Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their successors, heirs, executors and assigns. XII. EXECUTED in duplicate originals this the 22nd day of May, 1986. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary CITY: By: /s/ B. C. McMinn Title: B. C. McMinn, Mayor APPROVED AS TO CONTENT: /s/ Robert Massengale Robert Massengale, Assistant City Attorney REED MUNICIPAL SERVICES, INC. By: /s/ Keith Reed Keith Reed, President -May 22, 1986 256 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT there be established a City of Lubbock Charter Study Committee consisting of eleven members, which Committee shall consider and recommend amendments to the existing City of Lubbock Charter coming within the above -named general categories to the Lubbock City Council. Said recommend- ations shall be completed by one year from the date of passage of this Resolution and upon submission of such recommendations to the Lubbock City Council, the Charter Study Committee will have completed its task and will become inactive. Passed by the City Council this 22nd day of May, 1986. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Ted Barron Ted Barron, Assistant to the City Manager /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney At the May 8 Regular City Council meeting, the City Council instructed Staff to prepare a Resolution creating a Charter Study Committee. The Resolution proposed by Staff allowed the Charter Study Committee to recommend changes to the City Charter in three areas: 1. To conform the Charter to existing State and Federal law in order to eliminate apparent conflicts. 2. To correct grammatical and typographical errors contained in the Charter. 3. To recommend changes to expedite the handling of routine administrative matters in order to provide greater efficiency in government. The Resolution also stipulates that recommendations be completed by one year from the date of passage of the resolution and that the Charter Study Committee be disbanded once the recommendations are submitted to the City Council. After further discussion Council stipulated that the Charter Study Committee consist of 11 members and further stipulated that an Item #4 be added as follows: 4. "To recommend any other appropriate changes to make our government more effective and up to date." Motion was made by Mayor Pro Tem Baker, seconded by Councilman Carpenter authorizing Resolution #2327, stipulating that it consist of 11 members, and that Item 4 above be added to the charge in the Resolution. Motion carried: 6 Yeas; 0 Nays. 86-45-256-372 (26.) Hold an Executive Session to discuss land acquisition regarding the Sanitary Sewer Department. 86-45-256-373 (27.) BID #8940--Crushed caliche (Streets Department). Williams & Peters Construction: 1,000 c. y. crushed caliche delivered to City Yard, to Upland Avenue and 19th Street and to 84th Street and Avenue P. Motion was made by Councilman Patterson, seconded by MayorProTem Baker awardinglowbids meeting z57 May 22, 1986 Contract in Files RESOLUTION #2328 PPr,01 IITT()N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract by and between the City of Lubbock and Derr Construction Company for roof structure repairs for the Lubbock Municipal Coliseum, 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 Reso- lution as fully copied herein in detail. Passed by the City Council this 22nd day of May, 1986. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Jim Weston Jim Weston, Director of Community Facilities APPROVED AS TO FORM: /s/ Michele Hart Michele Hart, Assistant City Attorney CONTRACT STATE OF TEXAS THIS AGREEMENT, made and entered into this 22nd day of May, A.D. 1986, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B. C. McMinn, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Derr Construction Co., Inc., P. 0. Box 637 of the City of Euless, County of Tarrant and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: Roof structure repairs for Lubbock Municipal Coliseum as per City of Lubbock Bid No. 8985 for base bid @ $95,100.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superin- tendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the deductions, as provided in the contract documents and to make payment on account thereof as provided therein. }May. 22, I986 258 IN WITNESS WHEREOF, the parties to these presents have executed this agreement in in the year and day first above written. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Jim Weston ATTEST: /s/ Margaret Hayes Secretary 86-45-258-375 /29°\ Contract in Files CITY OF LUBBOCK, TEXAS (OWNER) By: i B. C. McMinn, Mayor /s/ Michele Hart Derr Construction CONTRACTOR BY: E. L. D8rr, Jr TITLE: President COMPLETE ADDRESS: Euless, Texas 76039 Kerr Construction, Inc: Roof structure repairs for Lubbock Municipal Coliseum. Motion was made by CUUDCil0dR Patterson, seconded by Mayor Pro Te0 Baker authorizing Resolution #2328. Motion carried: G Yeas; U Nays. BID 9005 N h Clovis Road to Lo RESOLUTION #2329 aker Avenue pavingimprovements from 289, and authorize same (Streets DPqm|[rT0N 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 d Contract with Kerr Construction Company for p8Y1Og improvements on North OUdkSr Avenue from Clovis Road to Loop 289m attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall C0O5t1tUte and be d part of this Resolution as fully copied herein in detail. Passed by the City Council this 22nd day of May, 1986. McMinn B. C. McMINN, MAYOR ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Gene Edds^ Purchasing Director APPROVED AS TO FORM: Willard/s/ Harold Harold Willard, Assistant City Attorney 259 May 22, 1986 86-45-259-376 (30.) Contract in Files Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker authorizing Resolution #2329. Motion carried: 6 Yeas; 0 Nays. RESOLUTION #2330 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 by and between the City of Lubbock and LDC Construction Company, Inc. for renovations of the playgrounds at Davis, Rodgers, Sedberry and Woods, 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 22nd day of May, 1986. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Jim Weston Jim Weston, Director of Community Facilities APPROVED AS TO FORM: /s/ Michele Hart Michele Hart, Assistant City Attorney CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 22nd day of May, A.D. 1986, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B. C. McMinn, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and LDC Construction Co., Inc., P. 0. Box 65251 of the City of Lubbock, County of Lubbock and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: Renovations of playgrounds at Davis, Rodgers, Sedberry, and Woods as per City of Lubbock Bid No. 9006 @ $33,578.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superin- tendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the deductions. as provided in IN WITNESS WHEREOF, the parties to these presents have executed this Contract in six (6) counterparts, each of which shall be deemed an original, in the year and day first ab0Y8-0eOtiO08d° CITY OF LUBBOCK, TEXAS (OWNER) By:McMinn B. C. McMinn, Mayor ATTEST: Ranette Boyd, City Secretary �-~ Q APPROVED AS TO CONTENT: Jim Weston APPROVED AS TO FORM: Michele |g [DC Construction CONTRACTOR BY: ATTEST: Secretary COMPLETE ADDRESS: P. U. Box 65251 Lubbock. Texas L.D.C. Construction Company, Inc.: Renovation of playgrounds at Davies, Rodgers, Sedb9rry and Woods Parks. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker authorizing Resolution #2330. Motion carried: 6 Yeas; 0 Nays. 86-45-260-377 (31") BID #9007--Construction of Playground at Carver Heights . Day Care Center, and authorize same (Parks and Recreation Contract in Files RESOLUTION #2331 nFwl|nTr0m 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 d Contract by and between the City of Lubbock and LDC Construction Company, Inc. for the construction Of d playground at Carver Heights Day Care Center, attached herewith, which Shall be spread Vp00 the minutes of the Council 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 22nd day of May, 1986. McMinn B. C. MCMINN, MAYOR ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Jim Weston Jim Weston, Director Of Community Facilities /s/ Michele Hart Michele Hart, Assistant City CONTRACT STATE OF TEXAS THIS AGREEMENT, made and entered into this 22nd day of May, A.D. 1986, by and between the City Of Lubbock, County of Lubbock, State Of Texas, acting by and through B. C. McMinn, Mayor, ther8uOt0 authorized to d0 S0, herein- after referred to as OWNER, and LDC Construction Co., Inc~, P. O. Box 65251 of the City of Lubbock, County of Lubbock and the State of Texas, hereinafter termed CONTRACTOR. WITNE33ETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing eV8O date herewith (if any) the CONTRACTOR hereby agrees with OWNER to cU00eDC2 and complete the construction of certain improvements described as follows: Construction of playground at Carver Heights Day Care Center as per City Of Lubbock Bid NO. 9007 @ $33,738.00 and all extra work in c0DDeCtiV8 therewith, under the terms as stated in the contract documents and at his (or their) Own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superin- tendence, labor, iD8UrdOCe and other aCC8Ss0ri8G and S8rViC2s necessary to complete the said construction in dCCOrddDce with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do SO shall have been given to him and to substan- tially complete same within the time specified in the C0otrdCt d0CU08DtS. The OWNER agrees to pay the CONTRACTOR in Current funds for the perform- ance of the contract in aCC0rdd0Ce with the deductions, as provided in the C00trdCt documents and to make payment 00 account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this Contract in 5fX /6\ counterparts, each Of which Shall be deemed an original, in the year and day first ah0Y8+neDtiOD8d. ATTEST: RdOette Boyd, City Secretary APPROVED AS TO CONTENT: Jim Weston APPROVED AS TO FORM: Michele ATTEST: CITY OF LUBBOCK, TEXAS (OWNER) By: B. C. rnn7nn» Mayor [DC Construction CONTRACTOR BY: TITLE: Vice President COMPLETE ADDRESS: [D[ Construction Company Lubbock, Texas 79464 L.D.C. Construction Company, Inc.: CODStrVc[fOD of playground at Carver Heights Day Care Center. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker authorizing Resolution #233I. Motion carried: d Yeas; O Nays. 80-45-261-378 (32.) BID #9004--Landfil| euuioment renafr (Sanitation 262 Motion was 0dd8 by CVVOC1l0dD Patterson, S8CVnd8d by Mayor Pro Te0 Baker authorizing low bid meeting speci- fications. Motion carried: 0 Yeas; U Nays. 80-45-252-379 /33.\ Consider 17 appointments to the Committee for W8m8D" M0t10D was made by Mayor Pro T80 Baker, seconded by Councilman Patterson appointing the following to the Committee for Women: Sharon Bass, Jewell Foster, Marjorie Kdst0Dn, Mary Rooker, Mary Nell Strong, Marta RUsaS, Carolyn Thomas, Clyd8Oe Thomas, Winifred VfgDe3S, Penny Morin, Pat Beck, Cathy RaDCk, Sara Blocher, Nettie Edwards, Karen Fulton, Edie Armstrong, and Dot Th00p3OD Motion carried: 6 Yeas; 0 Nays. 86-45-262-380 /34~\ Consider Resolution for 00D1Ddti0O to Lubbock Central Appraisal Board. RESOLUTION #2333 LJM:'S 0cqO|nTl0N WHEREAS, there has occurred O vacancy On the Board Of Directors Of the Lubbock Central Appraisal District; and WHEREAS, the City of Lubbock is a taxing unit entitled to vote on the Board of Directors Of the Lubbock Central Appraisal District; and WHEREAS, T[X~ TAX CODE ANN., 5eC° 6^03/h\ provides that each taxing unit entitled to YVt8 may D00iOdte d candidate to fill the YdC8OCy; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT Phil Pirkle be nominated as a candidate to fill the current YdCdAcy on the Board of Directors Of the Lubbock C0UOtv Appraisal District and that his Dd02 be promptly submitted as d nominee to the Lubbock County Clerk~ Passed by the City Council this 22nd day of May, 1986. McMinn B. C. McMINN, MAYOR ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Robert Massengale Robert Massengale, Assistant City Manager for Financial Services APPROVED AS TO FORM: /s/ Laura J. Monroe Laura J. Monroe, Assistant City Attorney Motion was made bvMayor Pro Tem Baker, seconded by CQUDCil0aO Carpenter authorizing Ke5UlUtfOO #2333 supporting Phil Pirkle as nominee to fill the unexpired term of J02 Minkley on the Lubbock County Tax Appraisal District Board, as recommended by the Lubbock Independent 263 May 22, 1986 By consensus, Council agreed to hold making appointments to the Charter Study Committee until the June 26, 1986 Council meeting when all Council Members will be present. There being no further business to come before the Council, motion was made by Councilman Carpenter, seconded by Councilman Patterson to adjourn the meeting at 11:50 a.m. MCMINN, MAYOR ATTEST: Ranet e Boyd, City Secretary READ AND APPROVED THIS 12TH DAY OF JUNE, 1986. ATTEST: Raneffe Boyd, City Secretary B. C. MCMINN-, MAYOR