HomeMy WebLinkAboutMinutes - City Council - Regular - 8/14/1986352
71
REGULAR CITY COUNCIL MEETING
MINUTES
AUGUST 14, 1986
The City Council of the City of Lubbock, Texas met in regular session on the 14th day
of August, 1986 in the City Council Chambers, first floor, City Hall, 1625 13th
Street, Lubbock, Texas at 9:00 a.m.
Present: Mayor B. C. McMinn, Mayor Pro Tem Joan Baker, Councilman T. J. Patterson,
Councilman Gary Phillips, Councilwoman Maggie Trejo, Councilman Bob Nash, Councilman
George Carpenter, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr.,
and City Secretary Ranette Boyd.
Mayor McMinn called the meeting to order at 9:00 a.m.
86-45A-352-517
( 1.) The Invocation was given by Councilman T. J. Patterson.
86-45A-352-518
( 2.) The Pledge of Allegiance was given in unison by those in the Council
Chambers.
86-45A-352-519
( 3.) Motion was made by Councilman Carpenter, seconded by Councilwoman
Trejo to approve the Minutes of the July 24, 1986 Regular City
Council meeting and the Special City Council meetings of July 25,
1986 and July 31, 1986, as written. Motion carried: 7 Yeas; 0 Nays
86-45A-352-520
( 4.) Citizen Appearances
86-45A-352-521
( 5.) Representative of the Board of City Development will appear to
present 1986-87 BCD Budget.
Lee Stafford, Interim Executive Director of the Board of City
Development, presented the 1986-87 BCD Budget to Council.
Staff advised that it is necessary to approve the Board of City
Development Budget in the City's budget process, and those Board of
City Development allocation figures and broad category expenditure
figures are included in the General Fund budget summaries.
The Staff recommended approval of the Board of City Development
budget.
Motion was made by Mayor Pro Tem Baker, seconded by Councilman
Patterson to approve the 1986-87 Board of City Development Budget as
recommended by City Staff. Motion carried: 7 Yeas; 0 Nays.
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me Glenda Raseo a Notary Public in and for Lubbock C
personally appeared Twi I a Aufi I 1 f Acct. Manager of th
pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, E,
being by me duly sworn did depose and say that said newspaper has been publishe
than fifty-two weeks prior to the first insertion of this Legal Notice
No. 755613 at Lubbock County, Texa
ed copy of the Le 0 a I N o t i e e is a true copy of the original and wa
Avalanche -.Journal on the following dates: July 259 1986
Account Manager
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this 25 t hday of
GLENDA RASCD
Notary PaNte. In And For e he St:
nay Commission Exp
July 19 86
M2320-R242
353
August 14, 1986.,�
86-45A-353-522
(I6.)
86-45A-353-523
(17.)
Hold a Public Hearing related to the designation of Development
Consider Resolution #2387 designating certain Development Areas.
RESOLUTION #2387
QFq0i[TTON
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS, DESIGNATING
CERTAIN DEVELOPMENT AREAS UNDER THE DEVELOPMENT CORPORATION ACT OF 1979, AS AMENDED,
AND THE RULES AND REGULATIONS ADOPTED BY THE TEXAS ECONOMIC DEVELOPMENT COMMISSION, TO
BE UTILIZED IN CONJUNCTION WITH THE ISSUANCE OF INDUSTRIAL DEVELOPMENT BONDS FOR
COMMERCIAL ENTERPRI8E3`, MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH; AND PROVIDING
AN EFFECTIVE DATE'
WHEREAS" this City Council, acting for and VD behalf of the City of Lubbock,
Texas (the oCitvn)° desires to reap the full benefit Of the creation of a public
nonprofit corporation under the provisions of the Development Corporation Act of 1979,
as amended (the "Act"), under the name of "Lubbock Industrial Development Corporation"
(the "Corporation") which has filed its Articles of Incorporation with the Secretary
of State of the State of Texas (the "State"), and has fully organized; and
WHEREAS, the Corporation is authorized by the Act to issue revenue bonds on
behalf of the City, for the purpose of paying all or part of the costs of a "project"
as defined in Section 2(I0) of the Act and together with the Texas Economic
Development Commission General Rules, Chapter IU Texas Administrative Code Section I07
("Rules"), and to lease or sell the project or to loan the proceeds of the bonds to
finance all or part of the costs of a project; and
WHEREAS, the definition of "project" in the Act includes the land, buildings,
equipment, facilities, and improvements (one or more) found by the board of directors
of the Corporation to be required or suitable for the promotion of commercial
development and expansion and in furtherance of the public purposes of the Act, or for
use by commercial enterprises, all as defined in the rules of the Texas Economic
Development Commission (the "Commission"), irrespective of whether in existence or
required to be acquired or constructed thereafter, if such project is located in a
development area; and
WHEREAS, as used in the Act, the term "development area" means those areas that a
city finds and determines, after a public hearing, should be developed in order to
meet the development objectives of the City; and
WHEREAS, the Rules of the Commission set forth special procedures for approval of
commercial projects in development areas; and
WHEREAS, this City Council desires to authorize the financing of certain projects
for commercial uses as provided in the Act and the Rules by establishing areas that
qualify as development areas; and
WHEREAS, the Act requires that notice of a public hearing at which the City
considers establishment of a development area shall be given by (i) posting at the
City Hall, /ii\ notification to the Commission, and (iii) publication in a newspaper
to general circulation in the City; and
WHEREAS, notice of a public hearing was mailed, first class mail, to the
Commission on , 1986, and notice of such public hearing was
published once a week for two consecutive weeks in a newspaper of general circulation
in the City and notice of the public hearing was posted at the City Hall on
WHEREAS, the notice provided to the Commission and an published and posted
included both a description of the areas proposed by the City to be designated as
development areas, and the date, time, and location of the public hearing concerning
such designation; and
WHEREAS, a public hearing Was held at the date, time, and location specified in
such notice, pursuant to the Act and the Rules of the Commission for the purposes of
establishing certain development areas, all as set forth in the Rules; and
WHEREAS, this City Council has concluded it is to the best interest of the City
and its inhabitants to request the Commission to approve projects for commercial uses
and therefore desires to adopt this resolution in compliance with the requirements of
the Act and the Rules;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS,
THAT;
SECTION l' The public hearing on the question of whether the areas described in
Exhibit A attached hereto should be declared to be development areas for the purpose
of issuing industrial development bonds for commercial purposes is hereby Closed; that
August 14, 1.986 354
the evidence before this City Council, both in the form of testimony and
documentation, it is now found and determined that:
(a) in reliance upon the Act and Rules of the Commission the areas described in
Exhibit A (and shown on the map attached as Exhibit B) are development areas
(hereinafter, the "Development Areas") by reason that these areas should be
developed in order to meet the development objectives of the City described in
Exhibit C; and
(b) the availability of the financing of projects for commercial uses under the
Act will contribute significantly to said development of the Development Areas.
SECTION 2. In addition to the specific objectives listed in Exhibit C, the
overall objectives of the City for development of the Development areas are as
follows:
A. To promote the present and prospective health, safety, rights to gainful
employment, and general welfare of the people of the City and the State.
B. To promote the continued existence, development, and expansion of commerce
and industry essential to the economic growth of the City and the full
employment, welfare, and prosperity of its citizens.
C. To encourage the economic growth and stability of the City by increasing and
stabilizing employment opportunities, significantly increasing and stabilizing
the property tax base, and promoting commerce within the City and the State.
SECTION 3. This City Council hereby finds, determines, declares, and represents
to the Commission that the City's best estimates at the time of adoption of this
resolution do not indicate that any public improvements need to be made in the
Development Areas.
SECTION 4. This City Council, in order to enhance its development efforts, and
authorizes all commercial projects in the Development Areas that constitute, or that
are functionally related and subordinate to, hotels, motels, retail sales and service
establishments, office buildings, and other "commercial" activities.
SECTION 5. This City Council will not approve any projects for commercial uses
in the Development Areas unless the applicant desiring approval of such project
demonstrates to the satisfaction of this City Council that:
A. The project conforms with the authorization and limitations provided in
Section 4 of this resolution;
B. The project will significantly contribute to the fulfillment of the overall
development objectives of the City in the Development Areas;
C. The project conforms to the project approval standards of the Rules and this
resolution by increasing or stabilizing employment opportunities, significantly
increasing or stabilizing the property tax base, and promoting commerce within
the City and the State; and
D. The project is in furtherance of the public purposes of the Act.
SECTION 6. This City Council hereby covenants and represents that it will review
all descriptions of projects to be located within the Development Areas and to be
financed with revenue bonds pursuant to the Act in order to determine whether such
projects are consistent with the City's objectives for development of the Development
Areas.
SECTION 7. The City Secretary is hereby directed to provide a certified copy of
this resolution, including exhibits, to the Executive Director of the Commission as
required by the Rules. Unless the City shall be notified by the Commission to the
contrary in writing within 30 days from the date of receipt of such certified copy of
this resolution, the Development Areas shall be deemed accepted by the Commission, and
the City and the Corporation may thereafter approve projects for commercial uses in
the Development Areas in compliance with the Act, the Rules, and this resolution.
SECTION 8. This resolution is adopted for the purposes of satisfying the
conditions and requirements of the Act and the Rules, and for the benefit of the
Corporation, the City, the City Council, the residents of the City, and all other
interested persons.
SECTION 9. This City Council has considered evidence of the posting of notice of
this meeting pursuant to Article 6252-17, Vernon's Annotated Texas Civil Statutes, as
amended (the "Open Meeting Law"), and officially finds, determines, recites, and
declares that a sufficient written notice of the date, hours, and place of this
meeting and of the subject of this resolution was posted at a place convenient to the
public in the City Hall of the City of Lubbock, Texas, for at least 72 hours preceding
the scheduled time of such meeting; such place of posting was readily accessible to
355 August 14, 1986
the general public at all times from such time of posting until the scheduled time of
such meeting; and such meeting was open to the public as required by law at all times
during which this resolution and the subject matter thereof were discussed,
considered, and formally acted upon, all as required by the Open Meetings Law.
PASSED AND APPROVED this 14th day of August, 1986.
/s/ B. C. McMinn
B.C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Laurin W. Prather
Laurin W. Prather, Business
Laison Officer
Ils1TiIr«il.��i7: uTia
/s/ John C. Ross
John C. Ross, Jr., City
Attorney
Laurin Prather presented the request that Council designate certain
areas of the City as development areas. He stated that one of the
property owners in the area (Mrs. Webb) had requested that all
parcels he owns in that area be deleted from the request for
designation. Mr. Prather advised that Staff had no objection to this
request for deletion. He stated further that all needed utilities
would have to be handled by following the normal platting procedures.
Jay Eagan, representing the Lubbock Chamber of Commerce and John
Wilkerson, representing the BCD, spoke in favor of this action. No
one appeared in opposition.
Motion was made by Councilman Nash, seconded by Councilman Patterson
to authorize Resolution #2387 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
86-45A-355-524
( 9.) ORDINANCE #8945--Zone Case #2567 (2502 Globe Avenue) --Request of
Wilma Johnson (for NaNa's Day Care) for zone change from R-1 to A -
on Lot 12 and the south ° of Out Lot 41, Block 40, Wheelock 2nd
Addition.
ORDINANCE #8945
ORDINANCE NO. 8945
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY
OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2567; A ZONING CHANGE FROM R-1
TO A-2 ZONING, LIMITED TO A DAY CARE CENTER, ON LOT 12 AND SOUTH HALF OF OUT LOT 41,
BLOCK 40, WHEELOCK 2ND ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Motion was made by Councilman Patterson, seconded by Councilman
Phillips to pass on second reading Ordinance #8945 as recommended by
Staff. Motion carried: 7 Yeas; 0 Nays.
86-45A-355-525
(10.) ORDINANCE #8946--Zone Case #2570 (southwest corner of 84th and Avenue
P)--Request of Bobby Griffith (for Venture Enterprises) for a zone
chanqe from T to M-1 n a tract out of Section 9. Block E.
ORDINANCE #8946
ORDINANCE NO. 8946
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY
OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2570; A ZONING CHANGE FROM T
TO M-1 ZONING ON A TRACT OUT OF SECTION 9, BLOCK E, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Motion was made by Councilman Patterson, seconded by Councilman
Phillips to pass on second reading Ordinance #8946 as recommended by
August 14, 1986
356
Staff. Motion carried: 7 Yeas; 0 Nays.
86-45A-356-526
(11.) ORDINANCE #8948--Zone Case #2460-C (southeast corner of Loop 289 and
Quaker Avenue) --Request of Burl Masters (for Walter Fagan, et al) for
zone change from R-1 Specific Use, C-2A, C-2A Specific Use, C-2, C-2
Specific Use, and C-3 Specific Use to R-1, R-1 Specific Use, C-2, C-2
limited to professional offices, C-3, and GO on a tract of land out
of Section 11, Block E-2.
ORDINANCE #8948
1:R_►.► _ ��
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY
OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2460-C; A ZONING CHANGE FROM
R-1 SPECIFIC USE, C-2A, C-2A SPECIFIC USE, C-2, C-2 SPECIFIC USE, AND C-3 SPECIFIC USE
TO R-1, C-2, C-2 LIMITED TO PROFESSIONAL OFFICES, C-3 AND GO ZONES AND R-1 SPECIFIC
USE PERMIT FOR TOWNHOUSES/GARDENHOMES ON A TRACT OUT OF SECTION 11, BLOCK E-2,
LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
86-45A-356-527
(12.)
Motion was made by Councilman Patterson, seconded by Councilman
Phillips to pass on second reading Ordinance #8948 as recommended by
Staff. Motion carried: 7 Yeas; 0 Nays.
ORDINANCE #8943--Authorizing traffic signal at the inter
Quaker Avenue and 58th Street.
ORDINANCE #8943
ORDINANCE NO. 8943
AN ORDINANCE AUTHORIZING A NEW TRAFFIC SIGNAL AT THE INTERSECTION OF QUAKER
AVENUE AND 58TH STREET IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; AND PROVIDING
FOR PUBLICATION.
Motion was made by Councilman Patterson, seconded by Councilman
Phillips to pass on second reading Ordinance #8943 as recommended by
Staff. Motion carried: 7 Yeas; 0 Nays.
86-45A-356-528
(13.) ORDINANCE #8944--Removing school sign speed zone on Quaker Avenue
between 58th and 60th Street.
ORDINANCE #8944
ORDINANCE NO. 8944
AN ORDINANCE AMENDING ORDINANCE NO. 8225 OF THE CITY OF LUBBOCK BY DELETING
SUBDIVISION F OF SECTION 1 OF SAID ORDINANCE SO AS TO REMOVE THE REDUCED 20 MPH SCHOOL
SPEED ZONE ON BOTH SIDES OF QUAKER AVENUE BEGINNING AT A POINT 108 FEET NORTH OF 61ST
STREET AND EXTENDING NORTH TO A POINT 125 FEET SOUTH OF 57TH STREET; AUTHORIZING THE
REMOVAL OF ANY TRAFFIC SIGNALS OR SIGNS PRESENT IN CONNECTION WITH SUCH REDUCED SCHOOL
SPEED ZONE, AND PROVIDING FOR PUBLICATION.
86-45A-356-529
(14.)
Motion was made by Councilman Patterson, seconded by Councilman
Phillips to pass on second reading Ordinance #8944 as recommended by
Staff. Motion carried: 7 Yeas; 0 Nays.
ORDINANCE #8942--Abandoning and clo
Easement out of Lot 170_,Rai ntree A
ORDINANCE #8942
ORDINANCE NO. 8942
on.
' Underaround Street Liaht
AN ORDINANCE ABANDONING AND CLOSING AN UNDERGROUND STREET LIGHT EASEMENT LOCATED
IN THE RAINTREE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE
PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO
MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
357 August 14, 1986
86-45A-357-530
/1S.\
Motion was made by Councilman Patterson, seconded by Councilman
Phillips to pass on second reading Ordinance #8942 as recommended by
Staff. Motion carried: 7 Yeas; O Nays.
ORDINANCE #8947--Zone Case #2565 (IH 27 Corridor) --Request for a
zoning change from R-1, AM, C-3, C-4, M-1, and M-2 to IHC (Interstate
Highway Commercial) and IHI (Interstate Highway Industrial) on tracts
along the IH-27 Corridor.
ORDINANCE #8947
ORDINANCE NO. 8947
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY
OF LUBBOCK MAKING THE FOLLOWING CHANGES` ZONE CASE NO. 2585' A ZONING CHANGE FROM C-
' ,
4, C-3, M-I, AND M-2 TO IHC AND IHI ZONING ON TRACTS ALONG THE IH 27 CORRIDOR,
LUBBOCK, , , TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
On first reading, there was considerable discussion about revising
the zoning in the vicinity of IH 27 at the Broadway overpass. The
Planning Staff prepared some alternate Land Use Plans, revising the
industrial and commercial zoning layouts.
Motion was made by Mayor Pro Tem Baker, seconded by Councilman
Carpenter to pass on second reading Ordinance #8947 with amendment
recommended by Staff. Motion carried: 7 Yeas; 0 Nays'
86-45A-357-531
(24') Consider Resolution #2388 accepting the improvements constructed by
Appian Corporation under 1983 Street Maintenance Contract C.
RESOLUTION #2388
RESOLUTION
RESOLUTION ACCEPTING STREET MAINTENANCE IMPROVEMENTS ON PORTIONS OF CITY STREETS
AS DESCRIBED BELOW:
WHEREAS, the City of Lubbock awarded a contract April 14, 1983, authorizing the
construction of street maintenance improvements by Appian Corporation, on the
1983 Maintenance Repair Program Contract xCx
Indiana Avenue
Indiana Avenue
E/2 Indiana Avenue
Part of Indiana
Indiana Avenue
Indiana Avenue
Indiana Avenue
Memphis Avenue
24th Street
21St Street
Im
SLL of 84th Street
NPL of 38th Street
NLL of 44th Street
SLL of 50th Street
Alley N of 58th St
I/2 8lk N of 02nd
3pL of 64th Street
NLL of 50th Street
WPL of Peoria Avenue
WLL of Indiana Ave'
TO:
8PL of 35th Street
NPL of 41st Street
NLL of 50th Street
3PL of 64th Street
Alley 8 of 58th 3t
I/2 Blk S of 62nd
SPL of 07th Street
NPL of 48th Street
V8 E of Peoria Ave
ELL of Memphis Ave
AND WHEREAS, the improvements upon the said portions of the City streets have
been inspected and found to have been constructed according to the approved plans and
specifications; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION l' THAT the improvements on said portions of the City streets BE and the
same are hereby accepted and the City Engineer BE and he is authorized to direct the
final payment to the Contractor in the amount of $49,03I'18.
AUg6st 14^ 1986
358
SECTION 2. THIS resolution shall take effect and be in force after this passage.
PASSED AND APPROVED this 14th day of August, 1986.
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry Hoffman
Larry Hoffman, City Engineer
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
This is a routine acceptance of the Street Maintenance work on the
1983 Maintenance Contract C and the Agreements thereto- Final
payment is due Appian Corporation in the amount Of $49,03I,18.
Motion was made by Councilman Patterson, seconded by Councilwoman
Tre'u to authorize Resolution #2388 as recommended by Staff. Motion
carried: 7 Yeas; O Nays'
86-45A-358-532
(28.) Consider the price and condition of sale of Parcel Numbers 16570-6-
and 16570-6-20 in the Lubbock NDP Urban Renewal Area.
This is a routine male of property by the Urban Renewal Agency to the
Trafalgar Corporation for $I,250' This property is to be redeveloped
as a single-family residence and is properly zoned for this. This
proposed male was approved by the Urban Renewal Board of
Commissioners on May 20, 1986. Staff recommended approval.
Motion was made by Councilman Carpenter, seconded by Councilman Nash
to approve sale of Parcel #'a 18570-5-10 and I6570-6-20 as
recommended by Staff. Motion carried: 7 Yeas; D Nays.
(23') Consider Resolution #2389 authorizing the Mayor to execute an
Amendment to Asphaltic Street Repair Compromise and Settlemen
Agreement with Appian Corporation.
RESOLUTION #2389
oErm/nrrom
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 an on behalf of the City of Lubbock an agreement entitled "Amendment to
Asphaltic Street Repair Compromise and Settlement Agreement" to be entered into by and
between said City and Appian Corporation of Hereford, Texas, attached herewith, which
shall be spread upon the minutes of the Council and as spread upon the minutes of this
Council shall constitute and be a part of this Resolution as if fully copied herein in
detail.
Passed by the City Council this 14th day of August, 1986.
ATTEST:
Ranettg Boyd, City Secretary
APPROVED 88 TO CONTENT:
/s/ Larry Hoffman
Larry Huffman, Director of
Transportation
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth FVlliDgi0, Assistant
City Attorney
359
86-45A-359-534
/25,\
This Amended Agreement reduces the Citv/s final payment from
«62,440.78 to $49,031.18, An Agreement for repair and warranty work
on 1983 Street Maintenance Contract xCo was entered into with Appian
Corporation on July 14, I985, and an Amended Agreement was executed
on May 8, 1885 which inadvertently included the amount of Estimate #7
and the rgtainage for Estimate #7 ($25°649-I8) twice; therefore, the
new Amended Agreement corrects the amount of City payment.
Motion was made by Councilman Patterson, seconded by Councilman
Carpenter to authorize Resolution #2389 as recommended by City Staff.
Motion carried: 7 Yeas; O Nays'
Consider Ordinance
allev in Block 58,
ORDINANCE #8950
ing and closing a portion of a /
runnmeno 8e
ORDINANCE NO. 8950
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A 20-FOUT ALLEY IN BLOCK 58,
McCRUMMEN3 SECOND ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE
PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO
MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
This alley closure is TuCated east of Avenue W between 22nd and 23rd
Streets. Michael 'Anderson, Architect for Redeemer Lutheran Church
requested that this alley be closed to allow the church to build over
this alley to connect buildings together' They will dedicate a new
north -south allay along the southeast side of their property. The
area to be closed is I80/ x 20/, or 3,600 square feet and the area to
be dedicated is IGO/ x 20/, or 3,200 square feet' 400' minus 50/ of
Lot 17 dedication equals 350/ to be charged for. Right -of -Way
appraised this property at 40per square foot for a total land
charge of 350/ times 40�, or $I40. This 40� per square foot was
calculated from a tau office front -foot price of $60 which is
accurate considering the neighborhood. Staff received a $150 ap-
plication fee and will require the $I40 payment before second
reading. Utility companies are in agreement with minimal relocation
charges. It is very important to have the IO X IO dedication from
Lot 17 before the final reading; otherwise, the corner will be too
narrow. The plat was reviewed by Planning and Zoning on August 8'
This closure and subsequent alley rededication will place a new alley
facing existing lots south of 23rd Street and abutting an existing
lot north of 23rd Street-
Motionwao made by Councilman Nash, seconded by Councilman Patterson
to pass on first reading Ordinance #8950 as recommended by Staff'
Motion carried: 7 Yeas; O Nays'
86-45A-359-535
(20') Consider Ordinance #8951 abandoning and closing three portions of
Electric Line Easements located in Section 15, Block A.
ORDINANCE #8951
ORDINANCE NO, 895I
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF AN ELECTRIC LINE EASEMENT LOCATED
IN SECTION 15, BLOCK A 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.
The Texas Department of Highways and Public Transportation is the
proponent of these three closures. They are located along the route
of I-27 north of Erskine Street and south of Loop 289' These
easements are utilized by LP&L for overhead lines and street lights.
Tract 1 (parcel 180\ is located along the east side of 1-27 between
Jarvis and Itasca Streets and contains 20,814.63/. Tract 2 (parcel
190) is located along the west side of I-27 between Adams Estate,
Block 1 and Western Ways Addition, Block I and contains 218,206'58/-
Tract 3 (parcel I97\ is located along the east side of I-27 between
Kemper Street and Lot 5, Hancock Addition and contains 270,425'25/'
The State prefers to purchase a piece of right-of-way free from all
Claims and easements' They have given the entire parcel description
to be Closed by metes and bounds description rather than just the
area taken up by the utility lines. Utilities have been relocated
and LP&L has received compensation for them. Staff recommended
approval.
Motion was made by Councilman Carpenter, seconded by Councilwoman
August 14, 1986
360
Staff. Motion carried: 7 Yeas; 0 Nays.
86-45A-360-536
(27.) Consider Resolution #2390 authorizing th
Aareement with the Urban Renewal Agency.
RESOLUTION #2390
���# igntiP►I
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
for to execute a Fundin,
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for an on behalf of the City of Lubbock a Community Development Funding
Agreement by and between the City of Lubbock and the Urban Renewal Agency of the City
of Lubbock, attached herewith, which shall be spread upon the minutes of the Council
and as spread upon the minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
Passed by the City Council this 14th day of August, 1986.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Sandy Ogletree
Sandy Ogletree, Community
Development Administrator
APPROVED AS TO FORM:
/s/ Laura J. Monroe
Laura J. Monroe, Assistant City
Attorney
Following the transition of the Urban Renewal Agency to a City
department in 1984, the City has contracted with the Urban Renewal
Agency to perform relocation and acquisition activities. The primary
reason for this is the power of eminent domain for private reuse
which is available to the Agency under the State Urban Renewal Law.
For this reason, the City annually executes a Funding Agreement which
stipulates the activity to be performed by the Urban Renewal Agency.
Activity included in the 1986-87 Agreement is:
Phyllis Wheatley Acquisition of 3 parcels $158,000
Arnett Benson I Acquisition of 4 parcels $146,000
Arnett Benson II Acquisition of 4 parcels $ 41,600
or portion of parcels
This is funded through the 1986-87 Community Development Block Grant
Program and the Community Development Field Staff will be utilized to
complete the project. The Urban Renewal Board considered this
Agreement at their August 19 Board meeting and Staff recommended
approval of this Agreement.
Motion was made by Mayor Pro Tem Baker, seconded by Councilman
Patterson authorizing Resolution #2390 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
86-45A-360-537
(29.) Consider Ordinance #8952 establishing a speed limit of 40 mph on Kent
Street between I-27 and Quirt Avenue.
ORDINANCE #8952
ORDINANCE NO. 8952
AN ORDINANCE TO AUTHORIZE THE ALTERING AND CHANGING OF THE PRIMA FACIE SPEED
LIMIT FOR ALL VEHICLES ON THE FOLLOWING STREET IN THE CORPORATE LIMITS OF THE CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS, TO -WIT: A PORTION OF KENT STREET AS HEREINAFTER
DESCRIBED IN THE BODY OF THIS ORDINANCE; AUTHORIZING THE PLACING OF SPEED LIMIT SIGNS,
PRESCRIBING A PENALTY; PROVIDING FOR PUBLICATION; REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH; PROVIDING THAT STREETS OR HIGHWAYS NOT SPECIFICALLY SET FORTH HEREIN SHALL
NOT BE AFFECTED BY THE PROVISIONS HEREOF AND THAT THIS ORDINANCE SHALL BE CUMULATIVE
OF ALL OTHER PRIMA FACIE SPEED LIMIT ORDINANCES EXCEPT THOSE WITH WHICH IT
SPECIFICALLY CONFLICTS; AND PROVIDING A SAVINGS CLAUSE.
361 August 14, 1986
85-45A-36I-538
(3O.)
This area is largely undeveloped, and therefore does not fit the
definition of an Urban District' As a result, the speed limit is 55
mph according to State law. A Speed Study was conducted by this
department which shows that the 85th percentile speed is 41 mph'
Therefore, it was recommended that a speed limit of 40 mph be
estab7ished.
Motion was made by Councilwoman Tr'o, seconded by Councilman
Patterson to pass on first reading Ordinance #8952 as recommended by
Staff' Motion carried: 7 Yeas; U Nays.
Consider Ordinance #8953 establishing a speed limit of 20 mph on all
park roads within any City park.
ORDINANCE #8953
AN ORDINANCE AMENDING THE LUBBOCK CITY CODE TO ADD A NEW SUBSECTION I9-1(8) SO AS
TO MAKE IT UNLAWFUL TO OPERATE OR DRIVE ANY VEHICLE WITHIN ANY CITY PARK AT A SPEED
GREATER THAN TWENTY /�U1 MILES PER HOUR UPON ANY PARK ROAD; . PRESCRIBING A PENALTY'
. , .
PROVIDING FOR PUBLICATION HEREOF; SETTING FORTH AN EFFECTIVE DATE OF THIS ORDINANCE;
AND AUTHORIZING THE PLACING OF SPEED LIMIT SIGNS'
In March of this year, it was brought to 8taff/a attention that the
City may have a liability problem in the Canyon Lakes area due to the
curvature of the roadways requiring a speed lower than that
established by law' Based upon information received from other
cities and discussions with the Park and Recreation Department, it
was recommended that a speed limit of 20 mph be established on all
park roads in City parka, Staff also considered the nature of parks
and their intended uses. This proposal was submitted to the Parka
and Recreation Board at their June 24 meeting, and was unanimously
approved.
Motion was made by Councilman Patterson, seconded by Councilman
Phillips to pass on first reading Ordinance #8953 as recommended by
Staff. Motion carried: 7 Yeas; O Nays.
86-45A-351-539
/3I'\ Consider Resolution #2391 to authorize Amendment #1 to Federal
Aviation Administration Grant Project #3-48-0138-06.
RESOLUTION #2391
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock an Amendment #1 to the Grant
Agreement for Airport Improvement Program Project #3-48-0I38-06, attached herewith,
which shall be spread upon the minutes of the Council and as spread upon the minutes
of this Council shall constitute and be a part of this Resolution as if fully copied
herein in detail.
Passed by the City Council this 14th day of August, 1986.
ATTEST:
Ranetta Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Marvin Coffee
Marvin Coffee, Director of Aviation
APPROVED AS TO FORM:
/s/ Laura J. Monroe
Laura J. Monroe, Assistant City
Attorney
August 14, 1.986
On April 24, 1986, the Lubbock City Council approved Resolution #230I
accepting a Federal Grant in the amount of $2,9I3,068 which will
provide a multi -year funding project for construction of an airport
maintenance and storage building, acquisition of a rapid intervention
vehicle and also for cleaning and sealing pavement joints in aircraft
movement areas and service roads' This is the 00% government funding
portion.
Since this is a multi -year funding project, using FY 1986 and 1987
enplanement allocations, it was specified in the original Grant that
the 1986 Fiscal Year maximum would be $I,58I,841- Staff just
received notice that FAA is amending the FY 1986 funding. This
amended Grant adds $82,193, making the FY 1986 funding $I,664,034'
The City/a share is available from existing bond funds for Airport
improvements.
This additional funding is also 90% federal, 10% local and will be
Used to extend the amount of pavement joint seal work in the taxiway,
apron, and runway system.
Motion was made by Councilman Carpenter, seconded by Councilman
Patterson authorizing Resolution #239I as recommended by Staff.
Motioncarried: 7 Yeas; O Nays-
(32') Consider Resolution #2392 authorizing the Mayor to sign a Lease
Agreement with Aspen Airways.
RESOLUTION #2392
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 lease agreement by and between the
City of Lubbock and Aspen Airways for airport terminal space for ticketing offices and
cargo, attached herewith, which shall be spread upon the minutes of the Council and as
spread upon the minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail'
Passed by the City Council this 14th day of August, 1986.
ATTEST:
RaDette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Marvin Coffee
Marvin Coffee, Director of
Aviation
APPROVED AS TO FORM:
/s/ Laura J. Monroe
Laura Monroe, Assistant City
Attorney
Aspen Airways has been operating through an arrangement with American
Airlines but has a new arrangement with United Airlines to operate
"United Express". Aspen wishes to operate from their own leased
space for ticketing offices and cargo. This Lease is for the
additional vacant airline lease apace previously occupied by
Southwest.
This Lease is for one year so that they will become part of the
upcoming airline lease renegotiating.
Lease Agreement:
/
Area: 2,904
Term: July 19, 1986 through July 18, 1987 (one year)
Tvoe� Standard airline lease
Rental Rate: $8.25 per square foot per year ($23,958)
Motion was made by Councilman Patterson, seconded by Councilwoman
Tre^o to authorize Resolution #2393 as recommended by Staff. Motion
363 August 14, 1986
86-45A-363-541
(33.) Consider Resolution
Expansion Project w
special anchor bolt
RESOLUTION #2393
Lee Lewis, Genera
oPnm/rrrnm
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
ge Order #15 to Terminal
Contractor, to provide
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. 15 to the Lubbock
International Airport Building Project -Phase II, by and between the City of Lubbock
and Leg Lewis General Contractor for installation of anchor bolts, attached herewith,
which shall be spread upon the minutes of the Council and as spread Upon the minutes
of this Council shall constitute and be a part of this Resolution as if fully copied
herein in detail.
Passed by the City Council this 14th day of August, 1986.
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Marvin Coffee
Marvin Coffee, Director of
Aviation
APPROVED AS TO FORM:
/s/ Laura J. Monroe
Laura Monroe, Assistant City
Attorney
86-45A-363-542
(34.)
MAYOR
B.C. McMINN,
This Change Order provides for the installation of 24 special anchor
bolts at the base of the rotunda column of the three new passenger
loading bridges.
The original Contract with Lee Lewis had a contingency allowance of
$4I0,000 and the previous 14 change orders totaling $38I,5I0 reduced
the available contingency allowance to $28,490. Change Order #15 of
3,000 will reduce the remaining available contingency allowance to
$25,490.
The Airport Board has reviewed this Change Order #I5 and recommended
it to the City Council.
Motion was made by Councilman Nash, seconded by Councilman Carpenter
authorizing Resolution #2393 on recommendation of the Airport Board
and City Staff. Motion carried: 7 Yeas; U Nays,
Consider Resolution
RESOLUTION #2394
Terminal
rovide
August 14, 1986
364
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 Change Order No. 16 to the Lubbock
International Airport Project -Phase II, by and between the City of Lubbock and Lee
Lewis General Contractor for installation of additional carpet, attached herewith,
which shall be spread upon the minutes of the Council and as spread upon the minutes
of this Council shall constitute and be a part of this Resolution as if fully copied
herein in detail.
Passed by the City Council this 14th day of August, 1986.
ATTEST:
Ranatte Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Marvin Coffee
Marvin Coffee, Director of
Aviation
APPROVED AS TO FORM:
/s/ Laura J. Monroe
Laura Monroe, Assistant City
Attorney
This change order provides for the installation of 2,060 square yards
of additional carpet in the existing terminal boarding area.
The original Contract with Lee Lewis called for providing new carpet
in the expanded area and replacing approximately one-half of the
existing carpet which would replace the most worn areas. At the
time, Staff did not know how close to the budget it would be for the
overall project.
During joint discussions with members of City Council, Airport Board,
and City Staff, color schemes were presented and this discussion
directed that the entire existing original carpeted area be re -
carpeted' To provide an appearance consistent with the new area.
The original Contract with Lee Lewis had a contingency allowance of
$410,000' The previous 15 change orders totaling $384,5I0 reduced
the available contingency allowance to $25,490 and this Change Order
#16 of $63,860 uses up the remainder of the contingency allowance
built into the Contract and requires an additional $38,370 from other
available funds in the project. This Change Order increases by
38,370 the Contract amount with Lee Lewis from $6,976,775 to
$7,015,145'
The amount of bond funds approved for the terminal expansion was
$10,629,000. In addition to the $410,000 built into the general
Contract for the terminal at the time of the terminal bid, the bid
was under the estimate by $1,0I3,755, These funds are available for
additional contingencies and other improvements.
The Airport Board has reviewed this Change Order #I0 and recommended
it to City Council.
Motion was made by Councilman Nash, seconded by Councilman Carpenter
authorizing Resolution #2394 on recommendation of the Airport Board
and City Staff. Motion carried: 7 Yeas; O Nays'
86-45A-364-543
(35') Consider Resolution #2395 authorizing the Mayor to sign a Lease
RESOLUTION #2395
365 August 14, 1986
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 Lease, No. DTFA07-86-L-0I131, by
and between the City of Lubbock and the United States of America for F88 facilities,
attached herewith, which shall be spread upon the minutes of the Council and as spread
upon the minutes of this Council shall constitute and be a part of this Resolution as
if fully copied herein in detail'
Passed by the City Council this 14th day of August, 1986.
ATTEST:
RaOette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Marvin Coffee
Marvin Coffee, Director of Aviation
APPROVED AS TO FORM:
/s/ Michele Hart
Michele Hart, Assistant
City Attorney
86-458-365-544
(36.)
The Flight Service Station has requested to renew its lease for space
at the Lubbock Airport. A comparison of the present lease and the
proposed new lease is as follows:
Tarm: 16 years, July l, I971 through June 30, 1986
Area under lease: 6,056'
Rental Rate: ,583'88 per year paid annually in arrears
($2.74 per square foot per year)
Special Conditions: Federal Government will pay their own
electric utilities -
New Lease:
Term: July I, 1986 through September 30, 1986 with an
annual renewal not to extend beyond September
30, 1989.
Area Under Lease: h,O5G/
Rental Rate:
,068'80 per year paid quarterly in arrears
($7,287.20). This is a 75% increase in rental
rate to $4.80 per square foot per year.
Special Conditions: Federal Government will continue to pay for
their own electric utilities
This is in line with recommendations of the Airport Consultant, it
has been reviewed by the Airport Board and was recommended to City
Council.
Motion was made by Councilman Nash, seconded by Councilman Carpenter
authorizing Resolution #2395 on recommendation of the Airport Board
and City Staff. Motion carried: 7 Yeas; O Nays.
ConsiderResolution
RESOLUTION #2396
RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS, AUTHORIZING
APPLICATIONS TO THE TEXAS WATER COMMISSION FOR EXTENSIONS OF TIME TO COMMENCE AND
COMPLETE CONSTRUCTION UNDER PERMIT NO. 4146'
WHEREAS, the City of Lubbock, Texas, holds Permit No. 4146 authorizing the
construction of the JUsticebUp0 Dam and Reservoir Project; and
WHEREAS, Permit No, 4145 requires construction to commence by September 25, 1986,
' ' ' -- '--- '
August 3.4, 3.986
366
WHEREAS, an extension of time under Permit No. 4146 is necessary because appeals
from the order of the Texas Water Commission granting Permit No. 4146 and the need for
a 404 construction permit from the United States Army Corps of Engineers has delayed
the project; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Mayor of the City of Lubbock is hereby authorized on
behalf of the City Council to sign such applications as necessary to be made to the
Texas Water Commission for extensions of time to Permit No. 4146 to commence and/or
complete construction of the Justiceburg Dam and Reservoir Project.
SECTION 2. THAT the Mayor of the City of Lubbock is hereby authorized and
directed on behalf of the City Council to file such applications with the Commission,
appear and arrange for the appearance of persons representing the City of Lubbock at
the hearing and other proceedings on applications before the Commission, and otherwise
direct prosecution of applications on behalf of the City.
Passed by the City Council this 14th day of August, 1986.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Samuel W. Wahl
Sam Wahl, Director of Water
Utilities
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
This Application is to seek an extension of two years, or until
September 25, 1988, to commence construction on the Justiceburg Water
Project. It leaves the completion date as originally provided for in
Permit #4146 for the Justiceburg Project of September 25, 1989. Even
though the project will not be complete by September 25, 1989,
Attorney Frank Booth has recommended this approach because with the
recommended dates, the City will avoid the notice and hearing
requirements. There will be filing and recording fees in the amount
of $102.50 and there may be an "additional use" fee of $1,000. Staff
recommended the approval of this item.
Motion was made by Councilman Nash, seconded by Councilwoman Trejo to
authorize Resolution #2396 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
86-45A-366-545
(37.) Consider as an emergency item, Ordinance #8954 amending Section 28-
151(a) authorizing provision of water and sewer service from the
street in cases of extremely unhealthful conditions.
ORDINANCE #8954
CO20111/51 kiIaa ki[11W:�1.7t,
AN ORDINANCE AMENDING SECTION 28-151 OF THE LUBBOCK CITY CODE TO PROVIDE FOR
WATER AND SEWER SERVICE FROM STREETS, WHERE THE CITY COUNCIL FINDS AN EXTREMELY
UNHEALTHFUL CONDITION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AND
DECLARING AN EMERGENCY.
This amendment to Section 28-151 of the Code is to allow water and
sewer service to be provided from the street if a serious health
problem exists. In order to limit service from the street to this
and similar areas, the Amendment proposes that service from the
street be allowed only when the Council finds that an extremely
unhealthful condition exists.
Staff recommended that Council pass this Ordinance.
Motion was made by Councilman Carpenter, seconded by Councilman
Patterson to pass on first reading Ordinance #8954 as recommended by
Staff. Motion carried: 7 Yeas; 0 Nays
367 August 14, 1986
86-45A-367-546
(38.)
Consider Resolution #2397 authorizing the extension of water and
sewer service without payment of deposit and provision of service
from the street due to an extremely unhealthful conditions in the
Carlisle area.
RESOLUTION #2397
RFC(11 11TTr)K1
WHEREAS, the City of Lubbock annexed an area west of the City, commonly known as
the "Carlisle Community" by Ordinance No. 8660, effective on December 27, 1984; and
WHEREAS, there was substantial existing development in that area at the time of
annexation; and
WHEREAS, many of the existing water and sewer systems in the area are
substandard; and
WHEREAS, these substandard or non -existing water and sewer systems have been
shown to constitute an extremely unhealthful condition to this densely populated area;
and
WHEREAS, the extension of water and sewer service is necessary to correct these
extremely unhealthful conditions; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT due to the extremely unhealthful conditions which we find to exist in the
densely populated area formerly known as the "Carlisle Community" and being further
described as follows:
BEGINNING at a point being the Northeast corner of Block AK, Section 42, Lubbock
County, Texas;
THENCE north 750 feet to a point;
THENCE west 2640 feet to a point;
THENCE south 750 feet to a point;
THENCE east 750 feet to a point;
THENCE south 2640 feet to a point;
THENCE east 1890 feet to a point;
THENCE north 2640 feet to the POINT OF BEGINNING.
we hereby authorize the use of all available means to address this condition, if funds
are available for such purpose, including the extension of water and sanitary sewer
mains into said area without a deposit being required from the requesting property
owner, pursuant to Sec. 28-163 of the Lubbock City Code, provided, however, that when
lines are extended the property owner shall be required to pay the pro rata charges
established when such property is connected to the water and sewer main, and including
the provision of water and sewer service from the street pursuant to Ordinance No.
Passed by the City Council this 14th day of August, 1986.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Samuel W. Wahl
Sam Wahl, Director of Water Utilities
APPROVED AS TO FORM:
/s/ Laura J. Monroe
Laura Monroe, Assistant
City Attorney
This Resolution identifies the Carlisle area as an area where
extremely unhealthful conditions exist. Water mains have recently
been installed in this area but there have been only a few requests
for water service. Three problems make service to the residents in
Carlisle difficult.
August 14, 1986
l' Much of the land is not platted and is impossible to plat'
West Texas Legal Services, worked with the residents and Hugo
Reed Company for almost a year in trying to develop a
platting program' They were unable to do so.
2' The cost of extensions from the mains is more than the
individual property owner can afford.
3' The unplatted property generally does not have alleys and the
Code does not allow water or sewer service from the street in
residential areas'
The problem of not being platted is one that has no solution with
respect to the State law which requires platting before property can
be served with water and sewer. Many cities are ignoring this law
and Staff feels that the only way water and sewer services will ever
be available is by serving the property in an unp|atted state. An
inquiry from the City Attorney/o Office has been sent to the General
Council of the Texas Department of Health to clarify this issue.
While no response has been received, Staff advised that the possible
health threats offset any repercussions from serving unplatted
property with water and sewer' (The only repercussions might be from
someone filing an injunction to prevent the City from serving utili-
ties to unplatted property.) The Code provides that when the Council
finds by Resolution that extreme health hazards exist, the Council
may authorize that service lines be extended prior to the payment of
pro-rata' This action dogs not waive the pro-rata payment' The
payment is delayed until the individual owners are ready to tie onto
the service line' This Resolution does not waive the pro-rata fee
which is due for each parcel, and the Water Department has in-
stallment payment provisions.
While water lines are not currently in every street in Carlisle, the
Utilities Department has sufficient funds to extend water lines in
Carlisle, upon request' Sewer lines should be available within about
one year.
Also, Community Development has agreed to consider on a case -by -case
basis, the payment of pro-rata and the payment for the installation
of the yard line from the Emergency Repair Program for very low
income home owners. Staff recommended approval of this Resolution.
Motion was made by Councilman Carpenter, seconded by Councilman
Patterson authorizing Resolution #2397 as recommended by City Staff.
Motion carried: 7 Yeas; O Nays.
/ O') Charley Pope, Chairman of Civic Lubbock, Inc. will make presentation
a. for
The Agreement between the City of Lubbock and Civic Lubbock, Inc'
provides that Civic Lubbock prepare and present to the City Council
each year, a budget for the Upcoming year. This budget is not
presented for City Council approval per se, but rather for
information, input, and direction from the City Council.
The I986-87 Civic Lubbock budget shows total combined concessions and
operating revenues of $910,6I3 and expenses of $626,082, or a differ-
ence of «284,53I. Out of this $284,531, $I50,000 is subtracted as
payment to the City of Lubbock for concession rights as per the
existing Agreement. From the $134,53I balance, $86,325 has been
budgeted as the net booking expense and $I9,400 has been included for
art and beautification' The $28,806 balance has been budgeted as a
General Reserve Fund'
The booking portion of the Civic Lubbock budget includes ten
activities with a total net cost of $86,325' These productions or
events include the following: Hispanic Womgn/s Conference, Arts
Festival, Summer Rep, Fiestas, Juneteenth Awards Banquet, Senior
Citizens Banquet, Guadalupe -Parkway Academy of Dance, Community
Christmas Party, Nutcracker, and a Symphony Pop Series. In addition
to the above, $I5,000 has been budgeted as a booking reserve'
b. Recommendation on rental rates for Civic Center and
The Civic Centers Board recommended that neither the Auditorium -
Coliseum nor the Civic Center building rental rates be changed at
this time. The Civic Centers Board proposes to review building
rental rates again in January, 1987 to determine if any changes are
warranted at that time. The rate surveys of other facilities were
updated, and it was determined that virtually none of the facilities
in the Lubbock market or within the State have made any changes the
past two years or propose to make any next year. The continued low
rate of inflation, coupled with the depressed Texas economy, have
served to maintain rental rate price stability. Civic Lubbock Inc.
continues to review its prices for food and beverage items, and some
369 August 14° 1986
86-45A-309-548
(39')
Motion was made by Mayor Pro Tem Baker, seconded by Councilman
Patterson to accept (a) I988-87 Budget for Civic Lubbock, Inc. and
/b\ rental rates for Civic Center and Auditorium/Coliseum as
recommended by Staff' Motion carried: 7 Yeas; O Nays.
Consider Resolution #2398 authorizing the Mayor to sign a Letter of
Agreement with Booth & Newsom for professional services necessary f
submitting the City of Lubbock's Water Discharge Permit Amendment an
related matters.
RESOLUTION 2398
oPQm/rrrOm
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
approve on behalf of said City a Letter Agreement dated July 25, I986, with Booth &
Newsom, a professional corporation, for legal services to be performed by said
professional corporation related to Water Discharge Amendment and Related Matters,
attached herewith, which shall be spread upon the minutes of the Council and as spread
upon the minutes of this Council shall constitute and be a part of this Resolution as
if fully copied herein in detail'
Passed by the City Council this 14th day of August, 1986.
ATTEST:
RaOette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Samuel W. Wahl
Sam Wahl, Director of Water
Utilities
/s/ Harold Willard
Harold Willard, Assistant
City Attorney
The City of Lubbock's Waste Water Discharge Permit will be up for
amending and renewal in November, 1986. Because this will be the
first time to submit under the new Texas Water Commission rules and
regulations, Staff is anticipating greater difficulty in acquiring
this renewal and are requesting assistance from the Austin Law Firm
of Booth & Newsom' The Staff will provide data and maps to Mr'
Booth.
Staff recommended the approval of this item'
Council briefly discussed the need for the Agreement to state a
maximum amount to be paid for this work or to contain an escape
clause'
Motion was made by Councilman Carpenter, seconded by Councilman
Patterson to authorize Resolution #2308 as recommended by Staff, and
stipulating that the City Attorney write an escape clause for
inclusion in the Agreement. Motion carried: 7 Yeas; 0 Nays.
86-45A-359-549
(40.) Consider Resolution #2399 authorizing the Mayor to sign a Grant Ap-
plication and related documents for 1986-87 Community Services Bloc
Grant fundina from the Texas Deoartment of Communitv Affairs.
RESOLUTION
August 14° 1986 370 �
|
nPQm|rrrnm
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 Grant Application and all related
documents. Said Grant Application to be submitted to the Texas Department of
Community Affairs and to be in the amount of One Hundred Sixty-five Thousand Twenty
and N0/100 Dollars ($185,020.00) for the purpose of administering programs under the
Community Services Block Grant to relieve the effects of pvertv in Lubbock County, a
copy of the Grant Application is attached herewith, which shall be spread upon the
minutes of the Council and as spread upon the of this Council shall constitute and be
a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 14th day of August, 1986.
ATTTE3T:
Ranette Boyd, City Secretary
Vaughn Hendrie, Director of
Community Relations
APPROVED AS TO FORM:
/s/ Laura J. Monroe
Laura J. Monroe, Assistant City
Attorney
Basic operating funds for the Community Services Department come from
the Community Services Block Grant, a Federal Grant administered by
the Texas Department of Community Affairs. This basic Grant provides
staffing and limited direct assistance to low-income families and the
scope of the program covers all of Lubbock County.
Assistance provided by personnel and funds under the Block Grant,
with activity measures for the currant year to date are:
I. Providing bus passes to I,20I persons needing transportation
to seek employment;
2. Providing funds to acquire food for two emergency fund
pantries operated by State welfare services which served 435
persons;
3' Sponsoring two neighborhood Health Markets which attracted
200 persons. This included health screening in which a
person was sent to the hospital after it was found his blood
pressure was at a critical level;
4' Presenting program information at 20 neighborhood meetings;
5. Providing Information and Referral assistance to 5,736
persons and updating information and distributing 503
Directories of Human Services;
O' Presenting information on City government activities and
social services on 18 semi-monthly radio programs;
7' Providing emergency assistance, including utilities, to 435
families.
In addition, the department receives State funding for WgatherizatioD
and Utility Assistance Programs and Community Development funding for
weatherization locks for the elderly and Home Paint Programs- Commu-
nity Development funded services are limited to the City of Lubbock.
The funds available for the 1986-87 Fiscal Year total $I65,025' Of
this amount, the City of Lubbock receives indirect costs totaling
$44"700' This amount is applied toward the Citv/s 20% matching share
of the program and its payment of salary and benefits for the
Information and Referral Specialist and 30% of the salary of the
Information and Referral Coordinator, who devotes 30% of her time as
Staff liaison to the Committee for Women.
The Block Grant proposed for next year is 4'5% lower than the
original Grant for 1985-86- However, a 4'5% cut was made at mid-
year' Next year's Grant will remain at that reduced level.
371 August 14, 1986
86-45A-37I-550
(4l.)
Motion was made by Councilman Carpenter" seconded by Councilman
Patterson to authorize Resolution #2399 as recommended by Staff'
Motion carried: 7 Yeas; 0 Nays'
Consider Resolution #2400 authorizing the Mayor to sign an Interlocal
Agreement for Insurance Services
RESOLUTION #2400
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock DE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock an intarlocal agreement between the
City of Lubbock, Texas, and the Texas Municipal League Joint Self -Insurance Fund,
attached herewith, which shall be spread upon the minutes of the Council and as spread
upon the minutes of this Council shall constitute and be a part of this Resolution as
if fully copied herein in detail.
Passed by the City Council this 14th day of August, 1986.
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Rod Bouffard, Assistant Director
of Finance
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
On March 27, 1986, the City Council awarded the bid for liability
insurance to the Texas Municipal League. The award in effect
established the insurance premium for Fiscal Year 1985-86 which the
City has paid' The Texas Municipal League has now completed the
}nter7ocal Agreement to replace the Agreement which expired on
October 1, 1985' A new provision in this Agreement makes it
continuous until canceled by either party with a 60-day notice.
Future premium changes would be submitted for approval as amendments
to the Inter7ocal Agreement. If the City does not accept new pates,
the Agreement terminates OD the date the new rates were to take
effect'
Since the Basic Interlocal Agreement does not generally change from
year to year, it was recommended that the City enter into this
Agreement with the continuous until -canceled clause'
Motion was made by Councilman Nash, seconded by Councilwoman Tr 'o
authorizing Resolution #2400' After discussion, motion was withdrawn
by Councilman Nash and Councilwoman Trp'o.
Motion was made by Councilman Carpenter, seconded by Mayor Pro Tem
Baker authorizing Resolution #2400, not to include provision for
continuous until canceled clause, and stipulating Council annual
review of the Agreement. Motion carried: 7 Yeas; O Nays'
86-45A-37I-551
(42.) Consider Ordinance #8955 Amending Ordinance regarding Board of City
ORDINANCE #8955
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE XVI OF THE CODE OF ORDINANCES OF THE
CITY OF LUBBOCK BY SPECIFICALLY AMENDING SECTION 2-4I2, SECTION I, SUBSECTIONS /f\,
(g), (h), AND REPEALING SUBSECTION (i) OF SAID CHAPTER; PROVIDING FOR STAFF PERSONNEL
FOR THE BOARD OF CITY DEVELOPMENT AND BY ADDING A NEW SECTION NUMBERED AS SECTION 2-
423 OF SAID CHAPTER, WHICH SECTION ESTABLISHES RELATIONS BETWEEN THE BOARD OF CITY
DEVELOPMENT AND ADMINISTRATIVE DEPARTMENTS OF THE CITY AND PROVIDING A SAVINGS CLAUSE.
An important factor in the new arrangement with the Board of City
Development concerns the relationship between the Director of
August 14, 1986
372
the Director would be generally responsible to the Board of City
Development but would, as a practical matter, be subject to the
authority of the City Manager. After a considerable amount of
research, the City Attorney has since determined that the Charter can
be logically construed so as to place the Director under the
authority of the Board of City Development rather than the City
Manager. As a result, hiring and firing decisions will be the
prerogative of the Board. This has been a major source of concern in
the search for a new Director.
Assuming that this line of reasoning is acceptable to the City
Council, it will be necessary to amend the Ordinance governing the
Board of City Development. Basically, the Amendment indicates that:
1. The Board may seek out and employ a Director of Economic
Development.
2. The Director of Economic Development, consistent with
Personnel Policies and Procedures adopted by the Board, may
arrange for employment of other personnel as may be necessary
in order to allow the Board to discharge its duties.
3. The Director of Economic Development shall serve at the
pleasure of the Board and may be removed on an affirmative
vote of three fourths of the members.
The Amendment also inserts new language further defining the Board's
relationship with the administrative departments of the City.
Basically, any Board request for services or assistance from the City
can be approved by the City Manager subject to reimbursement by the
Board of all costs incurred by the City.
After lengthy discussion of Council, motion was made by Councilman
Nash, seconded by Councilman Carpenter to pass on first reading
Ordinance #8955, as written. Mayor Pro Tem Baker requested that
Councilman Nash amend his motion to include that specific changes to
the Amendment be made. Mr. Nash declined to amend his motion.
Motion carried: 7 Yeas; 0 Nays.
M2320-R236
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Account Manager
LUBBOCK AVALANCHE -JOURNAL '
GIENDA ,Q
.ASCO
Southwestern Newspapers Corporation ; ''Notary Public in And For Tnt State Of TexaS
My Commission Expires Nov. 9, IS38
r;
Subscribed and sworn to before me this ?1 c5 i ay of 1 u i Y . 19.26_
FORM 58-10
86-45A-372-552
(18.) Hold a Public Hearing on the Proposed Budget for Fiscal Year 1986-87.
August 14, 1986
M2320-R236
373
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me G I end a Rase o a Notary Public in and for Lubbock County, T
personally appeared Twi I a Auf i I I . Account Mana e r of the South,
pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening a
being by me duly sworn did depose and say that said newspaper has been published contin
than fifty-two weeks prior to the first in e�Y9 %Sf this I e-da I No i rc
No. at Lubbock County, Texas and th,
ed copy of the Legal NOtiee is a true copy of the original and was printe(
Avalanche -.Journal on the followin dates: !►ugust 4, 1986
118 words (a 38t = $44. 4
Account Manager
LUBBOCK AVALANCHE -JOURNAL GLENDA RASCO
Notary Public In And For The State Of Texas
Southwestern Newspapers Corporation My Commission Expires Nov. 9, 1988
Subscribed and sworn to before me this 41h day of August lg 86
FORM 58-10
86-45A-373-553
(19.) Hold a Public Hearing for Proposed Budget Amendment to Federal
Revenue Sharing Entitlement Period 12 Funding and approve same.
86-45A-373-554
(20.) Consider Ordinance #8956 approving the Budget for the Fiscal Year
1986-87.
ORDINANCE #8956
ORDINANCE NO. 8956
AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR FISCAL YEAR 1986-87; APPROVING
REVISED BUDGET FIGURES FOR THE FISCAL 1985-86; PROVIDING FOR NECESSARY TRANSFERS OF
FUNDS BETWEEN ACCOUNTS AND DEPARTMENTS, IF REQUIRED; AND APPROPRIATING FUNDS FOR THE
1986-87 FISCAL YEAR BUDGET OF THE CITY OF LUBBOCK.
86-45A-373-555
(21.) Consider Ordinance #8957 establishing the 1986-87 Tax Rate.
ORDINANCE #8957
ORDINANCE NO. 8957
AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX UPON ALL PROPERTY SUBJECT TO
TAXATION WITHIN THE CITY OF LUBBOCK, TEXAS, FOR THE YEAR 1986 APPORTIONING SAID LEVY
AMONG THE VARIOUS FUNDS AND ITEMS FOR WHICH REVENUE MUST BE RAISED; FIXING THE TIME IN
WHICH SAID TAXES BE PAID AND ASSESSING PENALTY AND INTEREST FOR NONPAYMENT OF SUCH
TAXES WITHIN THE TIME PROVIDED.
City Manager Larry Cunningham gave a brief overview of the proposed
Budget for the Fiscal Year 1986-87, as follow: He stated that the
proposed budgets, which were reviewed by the City Council on July 7-
8, 1986, were filed with the City Secretary as required by law. In
addition, the Legal Notice publicizing the Public Hearing has been
advertised.
After budget work sessions with City Council, the Proposed 1986-87
General Fund expenditures were revised to reflect the addition of ten
Police Officers in the Detectives Division at a cost of $277,000. It
is anticipated that the Detectives will not be assigned until the
middle of the 1986-87 Fiscal Year. This addition resulted in a total
budgeted expenditure of $48,757,581. This figure includes $1,005,479
for the Permanent Maintenance Capital Fund and $348,750 for the
Permanent Street Maintenance Fund.
Mr. Cunningham reported that the Proposed 1986-87 General Fund
revenues have changed due to the City Council's desire to maintain
our present tax rate of 60�. In addition, since the last meeting
with the City Council, the Tax Appraisal District has supplied Staff
with a new estimated value of $4.4 billion, which is down from the
previous estimate of $4.6 billion. The tax value calculation that
Council reviewed at the July 7, 1986 Work Session reflected a 95%
collection rate on the previous estimate of $4.6 billion. Staff
based the percentage of collection on the fact that it was antic-
now reflects the Tax Appraisal District's certified value of $4'4
bi|lion and using an estimated collection rate of 97%' Based on the
60¢ tax, new values and Collection rate, the General Fund revenues
are now $49,347,445, up t458,603 from the preliminary budget- These
changes have also increased the funds going to the Board of City
Development to $I,284,137, up $1,637 from the preliminary budget.
Theproposed year-end balance is now $589,864, up $18I,I03 from the
preliminary budget. There is only a $31,103 variance when comparing
the differences based on changes in the tax valuation and tax
collections only.
In contrast to previous years, this budget does not include many
Expanded Level Programs. Due to the economic down -turn in the State
and C000Unitv, it was necessary to take a good look at City
operations and develop plans that hold the line on expendi-tures'
Described below are just a few of the budget reductions planned for
next year's level of service:
l- Freezing 30 positions -- Eleven of these positions are
located in the General Fund' The estimated savings from this
reduction is $202,400'
2' Parka Department Maintenance -- The Parks and Recreation
Department proposes to plant half as many bulbs for seasonal
color next year and utilize a cheaper fertilizer on park
property. In addition, by starting to irrigate park land a
month later and stopping irrigation a month sooner,
introducing well water into the Canyon Lakes at the waterfall
on weekends only, the department will realize additional
savings by reducing water consumption. The total savings
from these reductions will amount to approximately $90,000'
3' Street Department -- Contractors will apply a single Cnuyge
of gravel instead of the normal two courses during the annual
meal coat program. As a result, the life of the new surface
will last three to four years instead of six to eight years.
The total savings from this reduction will be $I94,000'
4' Civic Center -- Capital
damaged tables, chairs,
Center will be reduced'
$4O"OOO'
equipment necessary to replace
and other equipment at the Civic
This will result in a savings of
5' Library -- Plan to reduce the number of book acquisitions by
1,700 books- This will result in a savings of $22,500'
Staff did not recommend continuing with these present reductions in
service for very many years. However, to balance the demands of the
citizens and the resources available, Staff originally recommended
these reductions for the next Fiscal Year. Two Expanded Level
programs are proposed to be added to next year's level of uervice.
In the Police Department, 18 additional officers at a cost of
n505,500 are proposed. This will allow establishment of an eight -
officer special patrol that will be assigned to concentrate in the
various high crime areas of the city. Ten officers will be added to
next year's budget in the Detective Division. This will enable the
Police Department to provide a pawn shop detail and increase the
number of officers in the Person and Property Crime areas. The
Neighborhood Crime Watch Program will also obtain an additional
officer to assist in that effort.
The Debt Service Fund has a proposed expenditure level of
$I3,I32,297. This amount is up $288,255 from last year and the
increase is due primarily to the issuance of new sewer bonds in the
amount of t4,200,000 requiring an annual debt service of $984,952,
$15,048 less than was originally estimated in the preliminary budget.
The reason for the savings was from obtaining a lower interest rate
than anticipated. The savings was added to the Sewer Permanent
Capital Maintenance Fund.
Enterprise Funds consist of Airport, Water, Sewer, Sanitation, and
the Internal Service Funds. For the first time this year, the Golf
Department is being included as an Enterprise Fund, Staff is not
proposing any increases in fees or rates in any of the Enterprise
Funds next year, with the exception of sewer rates which become
effective August I, 1988'
The Electric Revenue Fund has a proposed budget of $47°385,3I8. This
figure is $2,849,186 less than the approved Fiscal Year I985-86
Budget. The Electric Utility Fund will also be paying for the
Residential Street and Thoroughfare Lighting Change -out Program.
Staff reviewed the proposed Capital Projects Budget last Council
meeting and is recommending approval of that also.
Mr' Cunningham said that reallocation of Revenue Sharing Entitlement
12 Funds will enable the Council to transfer $420,000 from that
Entitlement year. The proposed Staff recommendation was to remove
$420,000 of Entitlement 12 funds allocated to the purchase of new
water rights and reallocate it to General Fund for capital purchases
375 AUqUSt 14, 1986
85-45A-375-556
/ 7,\
recommended reallocating $00,000 from Entitlement Period 13 for a
total of «480,000. The Council was not required to hold a Public
Hearing on the $60,000 transfer from Entitlement Period 13 because it
did not meet the Federal Government's 25% Reallocation Formula'
Basically, the 25% Reallocation Formula states that if a Revenue
Sharing budget is amended by greater than 25% of the total
allocation, it must be rgadvertiSed and a Public Hearing on the
reallocation held' The t60,000 was originally allocated to the Water
Meter Change -out Program,
Staff recommended placing the $480,000 from the General Fund to the
Permanent Capital Maintenance Fund' Whether the tax rate was
adjusted or not, Staff recommended that the $480,000 be put in the
Permanent Capital Maintenance Fund Or the Permanent Street
Maintenance Fund. It was also 3taff/s recommendation that the Two
Course Seal Coat Program be reinstated for 1986-87 and that Council
consider using a portion of the above mentioned General Revenue
Sharing Funds to finance this. Of all the cuts originally
recommended, this one is believed to be highest priority to reinstate
if at all possible. As originally mentioned, the One Course Seal
Coat Program would be fine" but obviously, the Two Course is better
and Staff would recommend it if can be afforded.
Councilwas informed that if they adopted the budget based on 60� tax
rate this would provide for the following: 18 additional Police
Officers; $480,000 additional revenue from General Revenue Sharing;
restoring the Two Course Seal Coat Program in the amount of $I94,000;
and an ending balance of $845,713.
If they adopted the budget based on 58� tax rate, they could provide
for the following: 18 additional Police officers; $480,000 in Gen-
eral Revenue Sharing allocated to the Permanent Capital Maintenance
Fund; restoring of the two course meal coat program of $I94"000; and
an ending balance of $447,679.
Mr' Cunningham indicated that either approach could be taken and stay
within the goals and programs in which Council is interested. The
City can live within either proposition if the General Revenue Shar-
ing Funds are used for the Permanent Capital Maintenance Fund- If
not used, Staff recommended the 80� if the additional lO Police
Officers are provided.
Mr' Roger Settler and Ma' Mikel Ward appeared asking questions and
offering recommeDdatinDs. NO one else appeared to speak at the
Public Hearing.
After lengthy discussion motion was made by Councilman Carpenter,
seconded by Councilman Nash passing VM first reading Ordinance #8956
and authorizing reallocation of $480,000 additional Revenue Sharing
funds to Permanent Capital Maintenance Fund to be used for future
needs with no strings attached and that the demand on this year's
budget be reduced by the amount of this transfer.
Motion was made by Mayor Pro Tem Baker, seconded by Councilman
Phillips to set the tax rate at 591. Motion was then made by
Councilman Carpenter, seconded by Councilman Patterson to amend the
previous motion and set the tax rate at 601. Motion to amend
carried: 4 Yeas; 3 Nays --Mayor McMinn, Mayor Pro Tem Baker and
Councilman Phillips. Amended motion setting tax rate at 60, passed:
4 Yeas; 3 Nays --Mayor McMinn, Mayor Pro Tem Baker and Councilman
Phillips'
raisal District will
On July 8, the Citizens Traffic Commission voted 3-2 in support of a
request by Bill Cox OD behalf of the Lubbock County Tax Appraisal
District for recessed parking spaces in front of the district
offices.
According to the request, the district would contract to have the
existing curb line recessed 27/ to permit 18 parking spaces for
vehicles parked at 90-degree angles to the street.
The purpose of the request is to alleviate parking problems during
periods when citizens come to the district offices. There are 61
off-street parking spaces to the west and south of the building'
These spaces are used primarily by district vehicles and employee
parking. Buddy Forbes, Chairman of the Appraisal District, said
nearby property is not available to expand.
Bill Cox reported that the busiest times requiring additional parking
are in early October after tax notices are sent out, in late December
and in January during summer reappraisal hearings. Peak traffic is
between I0:30 a.m. and 4:30 p.m.
August 14, 1986 376
Traffic counts for the 1700 block of 26th Street showed 1,198 cars a
day in the east half of the block and 695 cars in the west half of
the block in May. A June count showed 800 cars a day in the east
half and 1,121 in the west half.
David Woosley, Traffic Engineer, stated that Staff did not recommend
the plan because of the lack of visible space for backing movements
and the danger caused by poor visibility during backing movements.
He went on to say that the width of 26th Street is 30' from curb to
17 curb and a backing movement from a 90-degree parking space requires
14' of that street width. The west bound lane and the existing
parking lane require 20 of street width, bringing the total to 34'.
In addition, with a 90-degree angle parking space, it would be
possible for a person to back out across the street and head west.
Motion was made by Councilman Nash, seconded by Mayor Pro Tem Baker
to approve request for construction of head -in parking spaces on the
south side of 26th Street and stipulating that the Tax Appraisal
"— District give the City of Lubbock a Hold Harmless Agreement before
issuance of any City permit if the District builds the head -in
I parking. Motion carried: 6 Yeas; 1 Nay --Councilman Carpenter.
Motion was made by Councilman Nash, seconded by Councilman Carpenter
to approve this request. Motion carried: 7 Yeas; 0 Nays.
86-45A-376-557
( 8.) Susie Moore, member of the Cultural Affairs Council, will make
presentation concerning recommendation for Maxey Art Project.
In the fall of 1984, the Arts in Public Places Committee of the
Lubbock Cultural Affairs Council, submitted a Grant Application, with
the assistance of an Art Consultant, to the National Endowment of the
Arts for a public work of art to be placed in the City of Lubbock.
LCAC received a $10,000 Planning Grant from the National Endowment of
the Arts which was matched with local funds to select an artist and
appropriate piece of work for the community.
Susie Moore, representing the Lubbock Cultural Affairs Council,
presented the recommendation to Council. She said that the Art in
Public Places Committee selected three artists who were invited to
submit a proposed model. The artist selected was Bruce Taylor from
Ft. Collins, Colorado. September 1, the Cultural Affairs Council
will submit an application to the National Endowment of the Arts for
the grant of $40,000. The estimated time of completion for
installation of the selected work in Maxey Park is the summer of
1988.
Motion was made by Mayor Pro Tem Baker, seconded by Councilman
Carpenter to approve recommendation for Maxey Art Project as
recommended by the Lubbock Cultural Affairs Council. Motion carried:
7 Yeas; 0 Nays.
I
i M2320-R253
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me Glenda Ra s c o a Notary Public in and for Lubbock County,
personally appeared Twi I a Alifi I I + Aeeount Manager of the South
pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening
being by me duly sworn did depose and say that said newspaper has been published contirrli� er w
than fifty-two weeks prior to the first insertion of this Legal alloticell
No 755938 at Lubbock County, Texas and
ed copy of the Legal Notice is a true copy of the original and was printer 1
Avalanche -.Journal on the following dates: Auslust 19 14R6
271 words (a 38a = $02.98 1a;
C&A&C
Account Manager
LUBBOCK AVALANCHE -JOURNAL GLENDA RASCO s
Southwestern Newspapers Corporation Notary Public In And For The State Of Texas
My Cpmmission Expires Nov. 9, 1988
i
Subscribed and sworn to before me this 1s t day of A u9 u s t 19 86 x
4 4
d
FORM 58-10 ...'
1
86-45A-376-558
(22.) Hold a Public Hearing for annexation of land at the northeast corner
of East 19th Street and Loop 289.
377 August 14, 1986
The Planning Commission approved a proposal for annexation of an
eight -acre tract on East 18th Street on Thursday, August 7, I986.
The proposal does meet each of the Municipal Annexation Policies as
outlined in the Comprehensive Land Use Plan' The proposed Service
Plan was presented and the railroad has been notified by mail. No
one appeared for or against this proposal'
Motion was made by Councilman Nash, seconded by Mayor Pro Tem Baker
to continue the annexation process for land at the northeast corner
of East 19Ch Street and Loop 289 as recommended by Staff. Motion
carried: 7 Yeas; O Nays'
88-45A-377-559
(43') Consider a request of Sexton Enterprises for the renewal of a Taxicab
The present Taxicab Permit for Sexton Enterprises expires on August
25, I986' Sexton Enterprises submitted to the City Secretary's
Office on August 1, 1986 a verified annual report required by Section
27-57 of the Code of Ordinances.
The Ordinance requires that the annual report contain the following
information:
I- All income of permit holder obtained from the business during
the permit year.
2- All business expenses of the permit holder incurred during
the ygar-
3' All capital equipment purchased by the permit holder in
connection with the permitted business during the year.
4' The average response time for the taxicab service during the
permit year.
5' The major maintenance cost of each taxicab incurred during
the permit year, together with the length of time these
taxicabs are out of service for repairm-
6. Total number of trips by each taxicab during the permit year.
The annual report submitted by Sexton Enterprises was reviewed by the
City Manager's Staff, City Secretary's Office" Internal Auditing and
the Garage Department Staff and it was the consensus of Staff that
Sexton Enterprises met the requirements of the annual report'
According to the information submitted, Sexton completed the
following requirements:
l' The check has been submitted for $720 to cover the permit
fees for 18 Vehicles'
2' A statement has been issued by the Lubbock County Tax
Appraisal District that all taxes for Sexton Enterprises are
current.
3' A list of drivers has been submitted and approved by the
Police Department.
4' Appropriate insurance documentation reflecting current
coverage has been filed-
5' A statement by the accounting firm Cannon and Payne
reflecting the required financial statement'
6. A list of fares has been submitted by Sexton Enterprises.
7' The Citv/s Garage Staff completed an inspection of the
vehicles that are being utilized in the taxicab operation'
Sexton Enterprises reported in the unaudited financial statement that
the total general revenues for the taxi operation was $742,667.83'
The net lDcmne for cab operations was $2I,228'1I in 1985, and
$19,377.94 in 1984, Salary expenses for 3eXt#D Enterprises in 1985
increased 2% with a total of $292,260'53 compared with $286,344'33 in
1884' Fuel expenses for Sexton Enterprises in 1985 was $IO2,584'42,
a decrease of I'1%' The operating ratio for Sexton Enterprises
taxicab operation for I985 was 97% compared with the same percentage
last year.
The Staff commended Sexton Enterprises for their cooperation in the
preparation of this report and recommended that the City Council
issue a Taxicab Permit to Sexton Enterprises.
Motion was made by Councilman Carpenter, seconded by Councilman
Patterson to approve request of Sexton Enterprises for renewal of a
Taxicab Business Permit as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
August 14* 1986
378
88-45A-378-560
(44') Consider Resolution #2401 endorsing recommendations of the Dallas
Criminal Justice Task Force.
RESOLUTION #2401
RESOLUTION
WHEREAS, crime is a major issue facing the State of Texas and every major city in
the State; and
WHEREAS, law enforcement officials are needlessly handicapped in protecting law-
abiding citizens because of antiquated and overly restrictive state laws; and
WHEREAS, A. Starke Taylor, Jr., mayor of the City of Dallas, created a Criminal
Justice Task Force, Chaired by Charles Terrell, in March, 1885, to study the problems
in Texas law enforcement; and
WHEREAS, the Criminal Justice Task Force has developed an "Anti -Crime Package"
for presentation to the Texas Legislature at its next session; and
WHEREAS, the City Council of the City of Lubbock believes that it would be in the
beat interest of the citizens of the City Of Lubbock, as well as all citizens of the
State of Texas, to endorse said "Anti -Crime Package" for passage by the Texas
Legislature; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION l' THAT the City Council of the City of Lubbock hereby endorses the
"Anti -Crime Package" of Starke Taylor's Criminal Justice Task Force and urges the
Texas Legislature to make the requested Changes to Texas criminal laws in order to
better protect the law-abiding citizens of Lubbock and the State of Texas; and
SECTION 2' THAT copies of this Resolution be provided to the Criminal Justice
Task Force and to members of the Texas Legislature representing the City of Lubbock.
Passed by the City Council this 14th day of August, 1986.
ATTEST:
Ranettg Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Bob Cass
Bob Cass, Deputy City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
At the last Council meeting, Councilwoman Tr 'o briefed the City
Council on the activities of the TML Legislative Policy Committee on
Public Safety. The major item discussed by that group was the
findings and recommendations of the Dallas Criminal Justice Task
Force' On the State level, those recommendations include a rather
lengthy package of reforms that will be presented to the 1987 State
Legislature.
Staffrecommended approval'
Motion was made by Mayor Pro Tgm Baker, seconded by Councilwoman
Tre'o to authorize Resolution #2401 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
86-458-378-55I
(45') Consider Resolution #2402 authorizing the Mayor to execute an
Agreement with the National Center for Municipal Development, Inc.
for federal representation services.
RESOLUTION #2402
oPnm/rrrnm
WHEREAS, the City of Lubbock, as well as other major Texas cities, has a need for
jointly sponsored representation in Washington, D.C.; and
WHEREAS, such representation would provide information about legislative and
executive action, transmit city positions to the Congress and the Administration and
other needed serxices-, NOW THEREFORE:
379
August 14, 1986
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock an agreement for representation in
Washington, D.C., by the National Center for Municipal Development, Inc., and
associated documents, attached herewith, which shall be spread upon the minutes of the
Council and as spread upon the minutes of the Council shall constitute and be a part
of this Resolution as if fully copied herein in detail
Passed by the City Council this I4th day of August, 1988-
R
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Bob/s/ Bob Cass
Cass, Deputy City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
Last Winter, the City Council was briefed on discussions among the
Association of Major Texas Cities regarding need for and feasibility
of establishing a Washington, D.C. based office to represent the
Association before Congress and Federal Agencies. Cities involved
with this Association include Dallas, Austin, El Paso, Houston, San
Antonio, Corpus Christi, Fort Worth, Plano and Lubbock.
During a previous Council Work Session, the situation with regard to
national issues was described as follows:
I' Texas cities are almost totally dependent upon the National
League of Cities for information on Federal activities of
importance to municipal governments and for representing the
interest of Texas Cities in Federal legislative and adminis-
trative matters.
2' Past problems between NLC and TML have inhibited the
responsiveness of NLC to the "Texas" perspective on various
issues.
3' Limited resources have made it impossible for the TML Staff
to conduct a comprehensive program of ongoing Federal
representation.
Council was informed that Tad Willis, acting as a coordinator of the
group, had received proposals from at least two groups interested in
providing representational services to the Association. These groups
included NLC and the National Center for Municipal Development, Inc.
TheStaff was instructed to cooperate with other Texas cities and to
seek an appropriate agreement. While Staff Was given no mandate, it
was clear that Council shared in Staff/s concerns about the viability
of the NLC option'
In the intervening months, Association members have reluctantly come
to the conclusion that the City will be unable to obtain unanimous
support for either of the two proposals. Staff has consequently
determined that, for the purposes of Federal representation, the
group members will be free to pursue agreements with the agency of
their Choice. Hopefully, after both groups have a degree of
experience with their respective agencies, Staff will reconvene,
xcompare notes", and possibly unite behind one or the other of the
agencies. For purposes of State representation, the Association will
continue to cooperate as it has in years past.
The cities of Lubbock, Plano, Houston, Dallas and Fort Worth have
agreed that best interests would be served by contracting with the
National Center for Municipal Development, Inc. Basically, the
City'o preference for this agency is based on the following:
l' The Staff retains a certain degree of skepticism regarding
the ability of the National League of Cities to provide the
City with a "Texas" perspective.
2' The National Center for Municipal Development, Inc. was set
up by the National League of Cities for the express purpose
of representing municipalities in Washington.
August 14, 1.986
o
86-45A-380-562
(47.)
86-45A-380-563
(48.)
86-45A-380-564
(49.)
3. The City of Fort Worth has a longstanding relationship with
the National Center and has been very pleased with the
results.
The proposed Agreement is for a period of 15 months and will cost
each city $25,500 ($19,600 annual cost). Major features of the
Contract include the following:
1. Provision of "Texas specific" information to member cities on
a regular basis.
2. Regular contact with Texas Senators and member cities'
delegations in the House of Representatives. The Center will
inform the Senate and House delegation members and their
Staffs of positions on legislations held by member cities and
will provide them with supplemental information necessary to
understand any effects of Federal actions on member cities.
3. The Center will also provide a limited amount of individual
service to each of the member cities to pursue issues of
interest to that city. Should a city require additional
services, it will be able to secure them at a cost of $80 per
hour.
The Center is prohibited from participating or intervening in
political campaigns, from representing the interests of local
constituents in the pursuit of Federal business, from representing
other local agencies within a city except those which are agencies of
the city, or from representing positions which clearly and directly
oppose national policies of the National League of Cities and the U.
S. Conference of Mayors.
At the end of this particular Agreement, members of the Association
have indicated a desire to discuss their satisfaction with the
Agreement and to determine whether or not an extension would be
warranted.
Staff recommended approval of this item.
Motion was made by Councilman Nash, seconded by Councilman Carpenter
to authorize Resolution #2402 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
4--Automated Fuel and Data Collection S
ervices).
stem (Administrative
A. J. Ward, Inc., San Antonio --Automated fuel and data collection
system.
Motion was made by Councilman Patterson, seconded by Councilman
Phillips authorizing low bid meeting specifications. Motion carried:
7 Yeas; 0 Nays.
#9044--Miscellaneous pi
artment).
and fittings (Water Utilities
Texas Independent Pipe Supply, Brownwood--Miscellaneous pipes and
fittings for SE Reclamation Plant.
Motion was made by Councilman Patterson, seconded by Councilman
Phillips authorizing low bid meeting specifications. Motion carried:
7 Yeas; 0 Nays.
BID #9056--Liquid chlorine, annual requi
Dixie Petro -Chem., Inc., Sweetwater--300 one -ton cylinders liquid
chlorine; 500-150 lb. cylinders liquid chlorine.
Motion was made by Councilman Patterson, seconded by Councilman
Phillips authorizing low bid meeting specifications. Motion carried:
7 Yeas; 0 Nays.
86-45A-380-565
(50.) BID #9059--Installation of furnishings at Lubbock International
Airport, and authorize same (Aviation Department).
RESOLUTION #2403
381 August 14, 1986
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Contract with Business Interiors
for public aeatings, accessories and miscellaneous office furniture for the Lubbock
International Airport, attached herewith, which shall be spread upon the minutes of
the Council and as spread upon the minutes of this Council shall constitute and be a
part of this Resolution as fully copied herein in detail.
Passed by the City Council this 14th day of August, 1986.
ATTEST:
Ranette Boyd, City Secretary
Gene Eads, Purchasing Manager
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
Business Interiors, Arlington --Public aeatings, accessories and misc'
furniture,
RESOLUTION #2404
01:vn|11Trnm
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Contract with Ho7lon/u Business
Interiors for office chairs" check -in podiums and fixtures for the Lubbock
International Airport, attached herewith, which shall be spread upon the minutes of
the Council and as spread upon the minutes of this Council shall constitute and be a
part of this Resolution as fully copied herein in dgtail-
Passed by the City Council this 14th day of August, 1986.
R
FlUNM
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Gene Eada, Purchasing Manager
APPROVED 83 TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
Hollon/s Business Interiors --Office Chairs, check -in podiums and
fixtures.
Motion was made by Councilman Patterson, seconded by Councilman
Phillips authorizing Resolution #/s 2403 and 2404. Motion carried:
7 Yeas; O Nays.
86-458-38I-566
(51.) BID #9066--Playground equipment (Parks and Recreation).
0J/s Park & Recreation Products, Friendswood--Playground equipment'
Motion was made by Councilman Patterson, seconded by Councilman
Phillips authorizing low bid meeting specifications. Motion carried:
August 14, 1.986 382
7 Yeas; O Nays'
86-45A-882-507
(52') BID #9072--Graphics and signage for Airport, and authorize same
(Aviation Department).
RESOLUTION #2405
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Contract with GF Associates, Inc.,
for graphics and aignage for the Lubbock International Airport, attached herewith,
which shall be spread upon the minutes of the Council and as spread upon the minutes
of this Council shall constitute and be a part of this Resolution as fully copied
herein in detail'
Passed by the City Council this 14th day of August, 1986.
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
GF Associates, Inc., South Lake --Graphics and mignaVe for Airport.
Motion was made by Councilman Patterson, seconded by Councilman
Phillips authorizing Resolution #2405' Motion carried: 7 Yeas; 0
Nays.
/53.\ BID #9073--Tennis Court preparation and construction, and authorize
RESOLUTIONsame (Parks and Recreation Department).
RESOLUTION #2406
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Contract with LDC Construction
Company, Inc., for tennis court preparation and construction, including fencing and
landscaping, 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 14th day of August, 1986.
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Gene Eads" Purchasing Manager
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
383 August 14, 1986
LDS Construction Co., Inc. --Tennis court preparation and
construction, including fencing and landscaping.
Motion was made by Councilman Patterson, seconded by Councilman
Phillips authorizing Resolution #2406. Motion carried: 7 Yeas; 0
Nays.
86-45A-383-569
(46.) Hold an Executive Session as authorized by Article 6252-17, Sec. 2
(e)(f), V.A.C.S. to discuss:
Contemplated or pending litigation concerning health matters, fire
safety matters and Airport services within the City; and
The value of City -owned land.
There being no further business to come before the Council, Mayor McMinn adjourned the
meeting at 2:00 p.m.
19. C.—McKINN, MAYOR
ATTEST:
C4ta Ranet e Boyd, City Secre \ry
READ AND APPROVED THIS 28TH DAY OF AUGUST, 1986.
C_
;f, (! - /";/ 1- 1111-1-4 W,
B. C. McMINN, MAYOR
ATTEST:
Ranette o d, City Secret y