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HomeMy WebLinkAboutMinutes - City Council - Regular - 12/11/1986514 REGULAR CITY COUNCIL MEETING MINUTES DECEM8ER II, I986 The City Council of the City of Lubbock, Texas met in regular session on the Ilth day of December, 1986 in the City Council Chambers, first floor, City Hall, 1625 I3th Street, Lubbock, Texas at 8:45 a.m. Present: Mayor B. C. McMinn, Mayor Pro Tem Joan Baker, Councilman T. J. Patterson, Councilman Gary Phillips, Councilwoman Maggie Tr 'o" 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 8:45 a.m. 85-45A-514-80I ( 1.) The Invocation was given by Rita Harmon, Assistant City Manager. 86-45A-514-802 / 2,\ The Pledge of Allegiance was given in unison by those in the Council Chambers' 86-45A-514-803 / 3.) Motion was made by Councilman Nash, seconded by Councilman Patterson to approve the Minutes of the November 20, 1988 Regular City Council meeting as written. Motion carried: 7 Yeas; O Nays. 80-458-5I4-804 ( 4') Citizen Appearances Board Appointments 86-45A-514-805 ( 5') Representatives from the Board of City Development will appear to request approval of a Letter of Agreement between Texas Tech University and Board of City Development for fundinq of the Small Business Development Center. Lee Stafford, representing the Board of City Development, reported to Council that at its regular meeting on May 30, 1986, the Board of Directors of the Lubbock Board of City Development unanimously approved a motion to contribute $25,000 toward the local share of a grant from the U.S. Small Business Administration to the Texas Tech University School of Business Administration, for the purpose of establishing a Small Business Development Center' The BCD Board felt that the resources which would be made available to the local business community through the establishment of this Center would be extremely beneficial and consistent with BCD's goals for economic development. He stated further that since that meeting, arrangements have been made to coordinate the activities of the Small Business Development Center very closely with the BCD's own small business program efforts. The Center will be located in the BCD's offices and the Staffs of both programs will work jointly in providing assistance to a variety of small businesses and new venture operations. As required by Ordinance #8859, the BCD is required to seek City Council approval of its Agreement to provide TTU with these funds. The Agreement was reviewed by City Attorney John Rosa and found one area of concern which appears on Page two, Item 4 of the Agreement, where one BCD Board member is allowed to serve on the Small Business Development Center's Board of Directors' Mr' Ross felt that this potentially could be a conflict' This is a similar position that Mr' Ross pointed out last year in stating potential conflicts of loyalties when the BCD and Chamber Boards were the same members, and therefore, he felt that Council would want to be apprised of this matter' Also, the BCD is indemnifying itself from any action by Texas Tech University. City Attorney John Ross offered an Amendment to the Agreement that Staff feels Council should be made aware of which reads as follows: "The BCD shall have the right to appoint members of the BCD to act as liaison to the Board of the Lubbock Sub -Center of the Northwest Texas Small Business Development Center, such members to be appointed by the BCD pursuant to its rules and by-laws." This would enable the BCD to still have input into the organization and structure of the Development Center, yet would allow the Center to function autonomously from the BCD' 515 December 11, 1986 The City Attorney advised City Council to amend the Letter Agreement so that Texas Tech University could proceed with the establishment of the Small Business Development Center on the premises of the BCD office. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to authorize the Letter of Agreement between the Board of City Development and Texas Tech for funding of the Small Business Development Center. Motion carried: 7 Yeas; 0 Nays. 86-45A-515-806 ( 5A.) Presentation of Employee Service Awards. City Council presented Service Awards to employees who have completed 25 years or more service to the City of Lubbock. 86-45A-515-807 ( 6.) ORDINANCE #8980--Granting a franchise to TTI. ORDINANCE #8980 ORDINANCE NO. 8980 AN ORDINANCE GRANTING TO TRANSAMERICA TELECOMMUNICATIONS, INC. THE RIGHT, PRIVILEGE AND FRANCHISE TO CONDUCT WITHIN THE CITY OF LUBBOCK, TEXAS, A TELEPHONE COMMUNICATIONS BUSINESS AND TO ENTER UPON, ERECT, CONSTRUCT, MAINTAIN, EXTEND, REPAIR, REPLACE AND REMOVE IN, UNDER, UPON, WITHIN, OVER, ABOVE, ACROSS AND ALONG ANY AND ALL OF THE PRESENT AND FUTURE PUBLIC ROADS, HIGHWAYS, STREETS, LANES AND ALLEYS OF THE CITY OF LUBBOCK, A SYSTEM OF POLES, ANCHORS, CABLES, WIRES, MANHOLES, CONDUITS, AND OTHER PLANT CONSTRUCTION AND APPURTENANCES NECESSARY OR PROPER FOR THE BUSINESS OF FURNISHING TELEPHONE SERVICES INTO, IN, WITHIN, FROM, ACROSS, AND THROUGH THE CITY OF LUBBOCK, AS NOW EXISTING, OR AS SAID CITY LIMITS MAY HERE- AFTER BE EXTENDED, AND GRANTING TRANSAMERICA TELECOMMUNICATIONS, INC., ITS SUCCESSORS AND ASSIGNS, THE AUTHORITY TO USE SUCH FOR THE PURPOSE OF FURNISHING TELEPHONE SERVICES TO THE INHABITANTS OF THE CITY, OR ANY OTHER PERSON OR PERSONS, FIRMS OR CORPORATIONS WITHIN THE CITY; PROVIDING THAT THIS FRANCHISE SHALL BE EFFECTIVE FOR A PERIOD OF TWENTY (20) YEARS COMMENCING UPON AND EXTENDING FROM THE EFFECTIVE DATE OF THIS ORDINANCE AFTER FINAL PASSAGE HEREOF; PROVIDING FOR THE TEMPORARY REMOVAL, RAISING OR LOWERING BY COMPANY OF ITS WIRES AND OTHER APPURTENANCES; PROVIDING FOR THE RIGHT TO, AND CONDITION OF, THE OPENING OF PAVEMENTS AND SIDEWALKS BY COMPANY; RETAINING ALL RIGHTS OF CITY TO REGULATE THE LOCATION OF COMPANY'S FACILITIES IN, UPON, ALONG, UNDER AND OVER THE STREETS, ALLEYS AND OTHER PUBLIC PLACES OF CITY, AS WELL AS TO REQUIRE THE RELOCATION OF SAME; PROVIDING FOR EFFICIENT TELEPHONE SERVICE AND THE MAINTAINING OF COMPANY'S FACILITIES; PROVIDING FOR THE USE BY CITY FOR THE PURPOSES SPECIFIED OF POLES AND CONDUITS OF COMPANY; PROVIDING COMPENSATION, AND METHOD OF PAYMENT OF SUCH, TO THE CITY FOR THE USE BY COMPANY OF THE STREETS, ALLEYS AND PUBLIC WAYS OF THE CITY; PROVIDING FOR THE MAINTAINING OF RECORDS BY COMPANY WITH RIGHT OF INSPECTION BY CITY RE- SERVING TO CITY ALL POWERS OF REGULATION; PROHIBITING ASSIGNMENT EXCEPT BY CONSENT BY CITY EXCEPT IN CERTAIN CASES; GIVING CITY'S CONSENT TO THE CUTTING AND TRIMMING BY COMPANY OF CON- FLICTING TREES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT THIS FRANCHISE SHALL NOT BE EXCLUSIVE; MAKING MISCELLANEOUS PROVISIONS RELATIVE TO THIS GRANT OF FRANCHISE; PROVIDING FOR THE PUBLICATION OF THIS FRANCHISE ORDINANCE AND ITS ACCEPTANCE BY COMPANY. Motion was made by Councilman Patterson, seconded by Councilman Carpenter to pass on second and final reading Ordinance #8980. Motion carried: 7 Yeas; 0 Nays. 86-45A-515-808 ( 7.) ORDINANCE #8989--Providing for the abatement of diseased trees. ORDINANCE #8989 ORDINANCE NO. 8989 AN ORDINANCE AMENDING CHAPTERS 2 & 19 OF THE LUBBOCK CITY CODE BY ADDING AN ARTICLE III ENTITLED "DISEASED TREES", WHICH DEFINES CERTAIN NUISANCES; PROVIDES NOTICE OF ABATEMENT AND APPEAL FROM SUCH NOTICE AND GIVES THE PARKS AND RECREATION BOARD POWER TO HEAR SUCH APPEALS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 86-45A-515-809 ( 8.) Councilman Nash asked how diseased trees are to be removed. Parks and Recreation Director Lee Osborn stated that the method for removal will be set by Parks personnel on a case -by -case basis. Motion was made by Councilman Nash, seconded by Councilwoman Trejo to pass on second and final reading Ordinance #8989. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #899 intersection o --Authorizing the removal of the tra 22nd Street and University Avenue. December II, 1986 516 AN ORDINANCE CANCELLING AUTHORITY AND APPROVAL FOR A TRAFFIC SIGNAL AT 22ND STREET AND UNIVERSITY AVENUE AND AUTHORIZING THE REMOVAL OF SAID TRAFFIC SIGNAL AS AN OPERATIVE TRAFFIC SIGNAL IN CONJUNCTION WITH THE CONSTRUCTION OF MEDIAN MODIFICATIONS AT THE INTERSECTION' Mayor McMinn announced that it was consensus of Council that no one be allowed to speak at this meeting regarding this item. Atthe November 20, 1986 City Council meeting, this Ordinance was amended to provide for removal of the signal in conjunction with median v modifications' Motion was made 6v Mayor Po Tem Baker, seconded 6v Councilman Nash to amend action ofCouncilO~ cil taken at the November 21986 meeting regarding Ordinance #8990 to stipulate as follows: " Statement by Mrs. Baker: "Insomuch as the City Council agreed in work session on November 20, 1886 to remove the traffic light at 22nd and University and to install atop signs at 22nd and Universi ty; and to l ook at the situation in the spring and study it between now and spring; andin the Spring determine if a median needed to be built, and, when thetraffic volume on 22nd was reduced to the proper amount, that parkingwnuld be restored on each side of the street, I would like to amend thisUrdinance to that affect." Motion carried' 7 Yeas; O Nays. Motion was made by Councilman Patterson, seconded b« Councilman Phillips passing on second and final reading Ordinance #B99D~ Motion carried' 7 Yeas; 0 Nays. Councilman Carpenter stated that Staff should monitor this very closely and if the situation warrants, Council may need to consider it again before springtime' Councilman Phillips stated that this area should be monitored for speed problems until the citizens are accustomed to the changes. Councilwoman Tr 'u suggested that Staff do notify publicity to the public of the changes. Motion carried: 7 Yeas; O Nays. -~ �^ 86-45A-5I6-8I0 (l5') -Consider Resolution #2474 ac Kerr Construction Company—i-n RESOLUTION #2474 RESOLUTION )ting paving imp iomas L. William rovements constructed s Addition, Tract T RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance N 1331, the subdivider of Thomas L. WilliamsAddition, Tract nAn m�� ~ oe »' Construction Company for the ' ` e arrangements with Kerr _-, ny r e construction of paving improvements in said subdivisiond the provisions of said Ordinance prior to the recording of the subdivision plat ofzhun er above - mentioned addition including the following street: e Weat 1/2 of Homestead Avenue from South raw edge of Spur 327 to 208 feet mouth of south property line of Spur 327 known as New Subdivision Number 203I-70; and WHEREAS, the construction of the above improvements on the above -mentioned streetwasperformed under the supervision of the City Engineer`and said improvements have beencnmpleted, inspected, and found to have been constructed in accordance with Cityapgcificationu and in accordance with the provisions of City Ordinance No. 1331; NOWTHERER}RE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: the SECTION I' THAT the improvements on said portions of the above -mentioned street be and e same are hereby accepted and the City Engineer be and he is hereby authorized to notify 517 December lI, 1986 SECTION 2' THAT this resolution shall take effect and be in force from and after its passage. Passed by the City Council this 11th day of December, 1986. ATTEST: Ranette Boyd, city Secretary APPROVED AS TO CONTENT: /s/ Larry V. Hoffman Larry V. ffman, City Engineer APPROVED AS TO FORM: J. Worth Fullingim, Assistant City Attorney Motion was made by Councilman Patterson, seconded by Councilman Carpenter to authorize Resolution #2474 as recommended by Staff' Motion carried: 7 Yeas; O Nays' 86-45A-5I7-81I (l6') Consider Resolution #2475 acce ting paving improvements constructed by Lee Lewis General Contractor, and Kerr Construction Company in King's Gate Addition, Iract G. RESOLUTION #2475 RESOLUTION #2475 RESOLUTION ACCEPTING DRAINAGE IMPROVEMENTS AS LISTED BELOW: WHEREAS, in conformanc e with the paving requirement provis ions of City Ordinance No ' 133I' the auodiVider of KinQ/s Gate Addition, Tract xGomado arrangements with Lee Lewis General Contractor, Inc.,for the construction of paving improvements in said subdivision under the provisions ofsaid Ordinance prior to the recording of the subdivision plat of the above-mentioned addition including the following construction' 84th Street from its intersection with a line 13'00 feet east of the east property line of Quaker Avenue to its intersection with a line 15'00 feet west of the west property line tv7ine of Orlando Avenue including drainage slab on north side of Tract "G known d designated as New Subdivision Sub -Unit Number 73 of Unit Number 2031; and WHEREASthe construction of the above improvements was performed under the supervision " i d said improvements have been completed and have been inspected and of the City Engineer, andfound to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance No. I331; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1 THAT the improvements be and the same are hereby accepted and the City - herebyauthorized to notif« tha developer of acceptance by the Lubbock Engineer b� and he i� here-~ �' City Council. SECTION 2' THAT this Resolution shall take effect and be in force from and after its passage' Passed by the City Council this 11th day of December, 1986. ATTEST: Ranette Boyd, City Secretary DR APPROVED AS TO CONTENT: /s/ Larry V. Hoffman Larry V. Hoftman, Lity Engineer APPROVED AS TO FORM: Worth Fullingim, istant December 11, 1986 518 Motion was made by Councilman Patterson, seconded by Councilman Carpenter to authorize Resolution #2475 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 86-45A-518-812 (17.) Consider Resolution #2476 directing the Engineer to prepare and file estimates and rolls for the 1986 Assessment Paving Program. RESOLUTION #2476 RESOLUTION #2476 RESOLUTION DIRECTING THE ENGINEER TO PREPARE AND FILE ESTIMATES, ROLLS, ETC., IN CONNECTION WITH THE PROPOSED 1986 ASSESSMENT PAVING IMPROVEMENTS ON PORTIONS OF STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN AND ALONG TH4E BOUNDARIES OF THE CITY OF LUBBOCK, TEXAS. WHEREAS, the Governing Body of the City of Lubbock has heretofore ordered and provided for th improvement of portions of sundry streets, highways, avenues and/or alleys in and along the boundaries of the City as designated below: UNIT AND SUB -UNIT ALLEYS (10' WIDE) FROM A-460-95 E-W alley between 116.5' W. of 33rd St. & 34th St. Avenue "W" A-460-96 E-W alley between 7th St. & 8th St. Salisbury Ave. A-460-97 E-W alley between 20th St. & 21st St. Elgin Ave. A-460-98 E-W alley between 42nd St. & 43rd St. Hartford Ave. UNIT AND SUB -UNIT 2240-61 2240-62 2240-63 2240-64 2240-65 2240-66 2240-67 2240-68 2240-69 UNIT AND SUB -UNIT 2241-3 2241-4 2241-5 2241-6 2241-7 UNIT AND SUB -UNIT 2242-3 UNIT AND SUB -UNIT 2243-2 2243-3 2243-4 STREETS (36' WIDE) 80th Street 80th Street 81st Street Akron Avenue Akron Avenue E. 75th Street 76th Street 77th Street 23rd Street STREET (42' WIDE) Boston Avenue Boston Avenue North 1/2 of Stanford Street Rice Street Queens Street STREET Ash Avenue STREET N. Avenue "X" N. Avenue "X" N. Avenue "X" FROM Akron Ave. Boston Ave. Boston Ave. 79th Street 80th Street Ash Avenue Ash Avenue Avenue "B" Juneau Avenue FROM 79th Street 80th Street N. University Avenue N. University Avenue N. University Avenue FROM 74th Street FROM Stanford Street Rice Street Queens Street TO 361' E. of Avenue "X" Salem Ave. Detroit Ave. Gary Ave. TO Boston Ave. Elgin Ave. Elgin Ave. 80th Street 81st Street Cedar Ave. Avenue "B" Avenue "D" Iola Avenue TO 80th Street 81st Street N. Avenue "X" N. Avenue "X" N. Avenue "X" TO 76th Street TO Loop 289 Stanford St. Rice Street 519 December 11, 1986 WHEREAS, it is proposed to make and levy assessments against abutting property and the owners thereof and others for a portion of the cost of such improvements; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Engineer of th City be, and he is hereby directed to prepare and file with the City estimates showing cost of improvements in each Unit, showing the description of the property abutting upon each unit with the names of the owners of such property and the amounts proposed to be assessed against each parcel of property showing other matters and things, it being specially provided, however, that any mistake in such estimates or in amounts and in the descriptions of property or names of owners shall in no wise affect, invalidate or impair any assessment which may be levied. SECTION 2. THAT such estimates, rolls and statements shall show all information required to be shown thereon by the proceedings of the City relating to such improvements and the law and charter with amendments in force in the City, and by the provisions of Article 1105B, Revised Civil Statutes of Texas as amended by Chapter 281, Acts of the 52nd Legislature. SECTION 3. THAT this resolution shall take effect and be in force from and after its passage. Passed by the City Council this 11th day of December, 1986. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry V. Hoffman Larry V. Hoffman, Director of Transportation APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney This is the fourth of five Resolutions in the assessment procedure. This project consists of 4 blocks of alley paving and 21 blocks of street paving that will be considered by the City Council in a Public Hearing. The Public Hearing has been tentatively scheduled for February 26, 1987. Motion was made by Councilman Patterson, seconded by Councilman Carpenter to authorize Resolution #2476 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 86-45A-519-813 (18.) Consider Ordinance #8991 authorizing the installation of a traffic signal at the intersection of 8th Street and University Avenue. ORDINANCE #8991 ORDINANCE NO. 8991 AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8190 OF THE CITY OF LUBBOCK SO AS TO AUTHORIZE A NEW TRAFFIC SIGNAL AT 8TH STREET AND UNIVERSITY AVENUE; AND PROVIDING FOR PUBLICATION. On September 25, 1986, the City Council awarded a contract for the installation of a traffic signal at the intersection of 8th Street and University Avenue. Contract, bond, and insurance documents have been executed and the Contractor will be ready to begin construction in the near future. Staff recommended approval. Motion was made by Mayor Pro Tem Baker, seconded by Councilwoman Trejo to pass on first reading Ordinance #8991 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 86-45A-519-814 (19.) Consider Ordinance #8992 authorizing the removal of the traffic signal at the intersection of 19th Street and Avenue G. ORDINANCE #8992 December 11, 1986 520 AN ORDINANCE CANCELLING AUTHORITY AND APPROVAL FOR A TRAFFIC SIGNAL AT 19TH STREET AND AVENUE G AND AUTHORIZING THE REMOVAL OF SAID TRAFFIC SIGNAL AS AN OPERATIVE TRAFFIC SIGNAL. This Ordinance will authorize the removal of the traffic signal at the intersection of 19th Street and Avenue G. Evaluation of the traffic volumes entering the intersection from all approaches was conducted and compared with the criteria as established in the Texas Manual on Uniform Traffic Control Devices for installation of traffic signals. The criteria was not met at this location and therefore the traffic signal should be removed in accordance with the manual. Motion was made by Councilman Nash, seconded by Councilman Patterson to pass on first reading Ordinance #8992 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. (20.) Consider Ordinance #8993 canceling authority for the traffic signal at the intersection of 6th Street and Boston Avenue. ORDINANCE #8993 ORDINANCE NO. 8993 AN ORDINANCE CANCELLING AUTHORITY FOR THE TRAFFIC SIGNAL AT 6TH STREET AND BOSTON AVENUE. On October 23, 1986, the City Council authorized the abandonment of a portion of 6th Street which includes the intersection of Boston Avenue. Therefore, a traffic signal is no longer needed for City purposes. Motion was made by Councilman Nash, seconded by Mayor Pro Tem Baker to pass on first reading Ordinance #8993 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 86-45A-520-816 (21.) Consider Resolution #2477 approving a Certificate of Substantial Completion for Terminal Expansion Project with Lee Lewis General Con- tractor. RESOLUTION #2477 RESOLUTION #2477 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 Certificate of Substantial Completion for the Lubbock International Airport Building Phase II, 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 part of this Resolution as if fully copied herein in detail. Passed by the City Council this 11th day of December, 1986. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette 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 CERTIFICATE OF Distribution to: SUBSTANTIAL OWNER COMPLETION _ ARCHITECT _ CONTRACTOR AIA DOCUMENT G704 _ FIELD OTHER 521 December 11, 1986 PROJECT: Lubbock International Airport ARCHITECT: Whitaker McQueen Jones (name, Terminal Building - Phase II & Associates address) Lubbock, Texas ARCHITECT'S PROJECT NUMBER: 82-07-01 TO (Owner): [ City of Lubbock ] Lubbock, Texas C ] DATE OF ISSUANCE: October 15, 1986 CONTRACTOR: Lee Lewis General Contractor CONTRACT FOR: General Construction CONTRACT DATE: June 14, 1984 PROJECT OF DESIGNATED PORTION SHALL INCLUDE: Total Project The work performed under this Contract has been reviewed and found to be substantially complete. The Date of Substantial Completion of the Project or portion thereof designated above is hereby established as September 10, 1986 which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. DEFINITION OF DATE OF SUBSTANTIAL COMPLETION The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by th4 Architect when construction is sufficiently complete, in accordance with the Contract Documents, so the Owner can occupy or utilize the Work or designated portion thereof for the use for which it is intended, as expressed in the Contract Documents. A list of items to be completed or corrected, prepared by the Contractor and verified and amended by the Architect, is attached hereto. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The date of commencement o warranties for items on the attached list will be the date of final payment unless otherwise agreed to in writing. Whitaker McQueen Jones & Associates /s/ Yancey L. Jones 10/16/86 ARCHITECT BY YANCEY L. JONES DATE The Contractor will complete or correct the Work on the list of items attached hereto within Sixty (60) days from the above Date of Substantial Completion. Lee Lewis General Contractor /s/ Tom E. Ferguson 10/28/86 CONTRACTOR BY DATE The Owner accepts the Work or designated portion therof as substantial complete and will assume full possession thereof at (time)on (date). APPROVED AS TO CONTENT: /s/ Marvin W. Coffee APPROVED AS TO FORM: /s/ Michele Hart City of Lubbock, Texas /s/ B. C. McMinn Dec. 11, 1986. OWNER BY MAYOR DATE ATTEST: /s/ Ranette Boyd The responsiblities of the Owner and the Contractor for security, maintenance, heat, utilities, damage to the Work and insurance shall be as follows: (Note -Owner's and Contractor's legal and insurance counsel should determine and review insurance requirements and coverage; Contractor shall secure consent of surety company, if any.) Owner shall assume responsibility for security, maintenance, heat, utilities, damage to the work and insurance as of 12:01 A.M., September 11, 1986. AIA DOCUMENT G704 . CERTIFICATE OF SUBSTANTIAL COMPLETION . APRIL 1978 EDITION . AIA 1978 THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 G704- 1978 The Airport Board, at its October regular meeting, had a walk-through and reviewed items on the punch list. There was considerable discussion on some items and a special meeting was called for November 25, 1986 so that these items could be discussed with the contractor and subcontractor. At the conclusion of this meeting, the Board recommended the approval of the Certificate of Substantial Completion with Lee Lewis General Contractor. This certificate does not authorize final payment, but does allow airport operations to occupy the newly constructed floor area. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Phillips to authorize Resolution #2477 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 86-45A-521-817 (22.) Consider Resolution #2478 authorizing the Mayor to sign an amendment to a Lease Agreement with PAWS. RESOLUTION #2478 December II, 1986 522 RESOLUTION #2478 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 Addendum to a Lease Agreement for the new cat adoption center at the Lubbock Animal Shelter entered into by and between the City of Lubbock and PAWS in Lubbock County, 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 11th day of December, 1986. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Rita Harmon Rita Harmon, Assistant City Manager /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney WHEREAS, the City of Lubbock, Texas, hereinafter called "City," and the People of Animal Welfare, Inc., hereinafter called "PAWS," have heretofore upon the 9th day of January, 1986 entered into a Lease Agreement by which the City of Lubbock leased to PAWS a portion of the premises of the City of Lubbock Animal Shelter, which was described in detail by Exhibit A to said Lease Agreement; and WHEREAS, a new cat adoption center of 600 square feat has been added to the Animal Shelter, which is valued at approximately $I4,000, by virtue of funds rained by PAWS; and WHEREAS, the City desires to lease such premises to PAWS on the same terms and conditions as are contained in the above described Lease Agreement; NOW THEREFORE: THAT, in consideration of the construction of this facility, the City hereby leases to PAWS the new cat adoption center at the Lubbock Animal Shelter, which area is further described upon the floor plan of the Lubbock Animal Shelter, which is attached hereto as Exhibit A and made a part hereof for all intents and purposes; and THAT such lease shall be upon the same terms and conditions as are net forth in the 523 December ll 1986 Executed this 11th day of December, 1986. PAWS: Keller PRESIDENT -Board of Directors /s/ Gail Findley TREASURER CITY OF LUBBOCK: ATTEST: CITY SECRETARY APPROVED AS TO CONTENT: /s/ Rita Harmon ASSISTANT CITY MANAGER FIRST /s/ Donald G. Vandiver ASSISTANT CITY ATTORNEY On Sunday, December 7th at 2:00 p.m', PAWS and the Animal Shelter hosted an open house to dedicate the new SOO/ Cat Adoption Center and to present the addition to the City of Lubbock' Earlier this year, PAWS deeded the I,200' Pet Adoption Center to the City of Lubbock and the Lease Agreement guaranteed PAWS the use of the building for a minimal fee of $I per year. The Animal Shelter provides maintenance and custodial services for the building, but the center is manned and operated by volunteers- The building of a room to house PAWS adoptable cats completes Phase 2 of the construction of the adoption center and cost approximately $I5,000' This effort was supported by public donations and volunteer activities. Staff recommended the Amendment to the Lease Agreement with PAWS to include the addition for the cat adoption activities. Motion was made by Councilman Carpenter, seconded by Councilwoman Tre'o to authorize Resolution #2478 as recommended by Staff. Motion carried: 7 Yeas; O Nays. 86-458-523-818 (23-) Consider with the South Plains Association of Governments for a Regional Crime Prevention Program. RESOLUTION #2479 RESOLUTION #2479 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 'n behalf of the City of Lubbock a Subcontract between South Plains Association of Governments and the City of Lubbock, Grant No. 3F 87-AOI-0858, attached herewith, which shall be spread upon the minutes of the C0UDCfl and as spread upon the minutes Of this Council shall constitute and be part of this Resolution as if fully copied herein in detail. Passed by the City Council this 11th day of December, 1986. B. C. McMINN, MAYOR ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Thomas Nichols Thomas Nichols, Chief of Police APPROVED AS TO FORM: /s/ Ken Johnson Ken Johnson, Assistant AGREEMENT BETWEEN SOUTH PLAINS ASSOCIATION OF GOVERNMENTS STATE OF TEXAS COUNTY OF LUBBOCK X I' This agreement is made and entered into by and between South Plains Association of Governments, acting a GRANTEE AGENCY, and the City of Lubbock, acting as a SERVICE PROVIDER, in aid of Criminal Justice Division grant number SF 87-8O1-0858, titled: Regional Crime Prevention Program/3, attached hereto as Exhibit A. 2' South Plains Association of Governments, as the GRANTEE AGENCY, shall be responsible for the administration of the regional crime prevention program and the coordination of crime prevention programs. The City of Lubbock, as the SERVICE PROVIDER, shall act as the sponsoring agency, providing vehicles and video equipment to be used by the officers in presenting crime prevention programs in the 15 county 3PAG region' 3' The GRANTEE AGENCY is responsible for closely monitoring the SERVICE PROVIDER and the exercise of reasonable care to enforce all terms and conditions of the grant' 4' Requirements of the Uniform Grant and Contract Management Standards (U8CM3) promulgated pursuant Texas Civil Statutes to Article 4413 (32g) are adopted by reference as Vart of this contract, including the contract provision as in Attachment O, item 14, of the above standards. The GRANTEE AGENCY shall keep all project records. Records shall be preserved for three (3) years for inspection by CJD, or any state of federal agency authorized to inspect the same' 5' The SERVICE PROVIDER shall furnish the services, facilities, equipment" material, etc' as cited in time 2 abuve- 6. Payment for the above shall be made as follows: A' The GRANTEE AGENCY shall reimburse the SERVICE PROVIDER for vehicle usage by police officers for crime prevention activities allowable under the grant on a quarterly basis at .I8 cents per mile' B. Police Officers or other police department personnel shall be independent contractors of the GRANTEE AGENCY and paid directly by the GRANTEE AGENCY' Only police officers or personnel from the City of Lubbock Police Department shall be employed and used in this Regional Crime Prevention Prugram/3- 7' Billing for the above shall be provided the same as would be provided to institutional purchasers in the absence of a grant and shall consist of a brief statement of the service or other time provided and the basis for the billing rate. `8' In the event of a default of the SERVICE PROVIDER, the GRANTEE AGENCY may cancel or suspend the contract and the SERVICE PROVIDER shall be entitled to recover for all services provided or materials delivered prior to the cancellation date (or unused materials may be returned) or shall repay any funds advanced for services not yet rendered. ' ' 9' All licenses, legal certifications, or inspections required for the services, facilities, equipment, or materials, and all applicable state and federal laws and local ordinances shall be complied with by the SERVICE PROVIDER- Failure to comply with this requirement shall be treated as a default' `IO' This contract shall become effective October I, 1986, and automatically terminate on the grant expiration date or any extension thereof granted by CJD' All services billed hereunder must be rendered with in the grant period' EXECUTED this 11th day of December, 1986. SOUTH PLAINS ASSOCIATION OF GOVERNMENTS Name of GRANTEE AGENCY BY: /s/ Jerry D. Casstevens Jerry D. Caastevens, Executive Director CITY OF LUBBOCK Name of SERVICE PROVIDER nn ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Tom Nichols Tom Nichols, Chief of Police APPROVED AS TO FORM: /s/ Ken Johnson Ken Johnson, Assistant City Attorney 525 Last year, the South Plains Association of Governments received a second year on a Criminal Justice Division Grant for regional crime prevention services. This grant expired September 30, 1986 and this is the third year of the program. The regional crime prevention grant began its third year of operation October l" I986' During the previous two years of this grant, the Crime Prevention Unit (employed by SPAG when off -duty) issued engravers and literature and made public presentations to numerous towns and cities in the 15-county area serviced by SP8G' Last year, due to the obstacles presented by the Fair Labor Standards Act, which would require the City to pay overtime, 3PAG paid the officer directly' This procedure relieves the City of Lubbock from paying overtime wages or being in violation of State Law' This plan worked well during the last year and would continue in a like 0aODgp in the new Contract, The Contract also stipulates that the City of Lubbock be the sole service provider for regional crime prevention' The remaining provisions of the Agreement are similar to last year's Agreement. The Staff recommended approval of the Agreement. Motion was made by Councilman Nash, seconded by Councilman Patterson to authorize Resolution #2479 as recommended by Staff- Motion carried: 7 Yeas; O Nays. 85-45A-525-819 (24') Consider Resolution #2480 accepting water and sewer utilities in Lots RESOLUTION #2480 RESOLUTION ACCEPTING WATER AND SEWER IMPROVEMENTS FOR LOTS 198 THROUGH 308, STONEGATE ADDITION. WHEREAS, the developer of Lots 196 through 308, 3tonegatg Addition have complied with the provision of the City of Lubbock Code, Chapter 28, Article IV, by providing the water and sewer improvements for said addition in accordance with the paragraph 156 of said Chapter 28; and WHEREAS, the total utility cost to the developer is $I04,887'55 with the improvements constructed by Panhandle Construction Company having a value of $89,268'38 as determined by the unit prices established by said Chapter 28, and $15,829'I7 cash paid to the City or credited for engineering, with Bassinger-Rothwell, Realtors, the developer to receive a refund of $10,I67.88 in accordance with the Chapter 28 of the Code of the City of Lubbock and a refund of deposit in the amount of $82'86; and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION I' THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock' SECTION 2' THAT the refundable coat in the amount of $I0,I67'88 be made in accordance with said Chapter 28' SECTION 3' THAT a refund of deposit be made in the amount of $82'66. SECTION 4' THAT this resolution shall take effect and be in force from and after its pasoage- Passed by the City Council this 11th day of December, 1986. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Wilford D. Watson Wilford D. Watson, Chief Water Utilities Engineer APPROVED AS TO FORM: R John C. Ross., City Attorney \ December 11, 1986 526 Motion was made by Councilman Patterson, seconded by Councilman Phillips to authorize Resolution #2480 as recommended by Staff. Motion carried: 7 Yeas; O Nays. 86-45A-526-820 (25-) Consider a Resolution authorizing the Mayor to sign a Software Sub - License This item was deleted. 85-45A-5%26-821 (25') Sitting as a regulatory authority, City Council will consider an Order and Resolution #2480-A adjusting tariffs for Southwestern Public Service RESOLUTION #2480-A ORDER AND RESOLUTION #2480-A WHEREAS, Southwestern Public Service Company has heretofore on November 21, 1986, filed a statement of intent to change rates with the City of Lubbock; and WHEREAS, the City Council has determined that such rate change is not a major change within the meaning of Vernon's Ann'Civ'3t-, Art' I446o; and WHEREAS, the City Council deems it to be in the best interest of the customers of Southwestern Public Service Company within the City of Lubbock to allow such proposed rate change to go into effect within the City of Lubbock; NOW THEREFORE: THAT the rate change requested by Southwestern Public Service Company in its application of November 21, 1986, is hereby established and may be implemented immediately by Southwestern Public Service Company pursuant to applicable provisions of Vernon's Ann'Cix'3t,, Art' 1446c' Passed by the City Council this 11th day of December, 1986. ATTEST: ^ Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Robert Massengale Robert Massengale, Assistant City Manager for Financial Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney On November 21, 1988, Southwestern Public Service Company filed a request with the City Secretary for adjustments in certain specific items in their tariff - Those adjustments are as follows: Return check charge from $8 to $16' Reconnect during business hours from «10 to $15. Reconnect during non -business hours from $15 to «25' The remaining miscellaneous charges of their tariff would remain the The above changes would make Southwestern Public Service Company charges the same as those approved by Council on November 13, 1986 for Lubbock Power and Light' Southwestern Public Service requested that this tariff change be effective immediately upon approval by the City Council. Since this change is not a major one, no hearing was required by State Law unless a complaint was received and from an affected person within thirty days of the effective date of the tariff change' 527 December 11, 1988 Staff advised that the requested change is reasonable, is not a major change under the law, and required no hearing' Staff recommended approval of the proposed order allowing the change to become effective immediately. Motion was made by Councilman Nash, seconded by Councilman Carpenter to authorize Resolution #2488-A as recommended by Staff' Motion carried: 7 Yeas; O Nays. 80-45A-527-822 /27'\ - RESOLUTION #2481 A RESOLUTION CREATING AND ESTABLISHING THE CITY OF LUBBOCK SELF INSURANCE FUND' , PROVIDING THE COVERAGE TO BE AFFORDED BY SUCH FUND AND PROVIDING FOR THE MAINTENANCE AND ADMINISTRATION OF SAID FUND. WHEREAS, the City of Lubbock has heretofore obtained liability insurance coverage through the Texas Municipal League Joint Self Insurance Fund; and WHEREAS, the cost of maintaining such liability insurance through the Texas Municipal League Joint Self Insurance Fund has dramatically risen over the past three years due to the unavailability �o said fund of reasonable reinsurance; and -~ , WHEREAS, the premium cost to the City of Lubbock to maintain liability insurance with the Texas Municipal League Joint Self Insurance Fund for the fiscal year 1986-I887 will be approximately one third of the coverage limit provided: and WHEREAS, the City Council of the City of Lubbock finds that it would be wise and expedient to establish a liability self insurance fund for the City of Lubbock and to set forth the coverage to be provided by such fund; and WHEREAS, the City Council finds that it would be in the beat interest of the citizens of the City of Lubbock to establish the City of Lubbock Self Insurance Fund, set forth the coverage to be provided by said fund, and to provide for the administration of said fund; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION l' THAT there is hereby created a fund within the City of Lubbock to be known as the City of Lubbock Self Insurance Fund' SECTION 2' THAT the City Manager is hereby directed to transfer the sum of Five Hundred Thousand Dollars ($500,000) from the City of Lubbock Insurance Fund to the City of Lubbock Self Insurance Fund here now Created to establish said fund' SECTION 3, THAT the City Manager shall, in preparing the annual budget for the City of Lubbock, recommend to the City Council an appropriation to be made to said fund in order that the fund shall be maintained and increased to an amount sufficient to provide an actuarily sound fund. SECTION 4' THAT the City Manager is further authorized to transfer additional funds from the City of Lubbock Insurance Fund to the City of Lubbock Self Insurance Fund to the extent such funds are not needed for other insurance coverage' SECTION 5' THAT the City of Lubbock Self Insurance Fund shall provide liability insurance coverage to the City, its employees, officers, Board members and volunteers upon the same terms and conditions an hereto afforded to said named individuals by the Texas Municipal League Joint Self Insurance Fund all as set forth in the Texas Municipal League Joint Self Insurance Fund Liability Coverage Document dated October I, 1985, a copy of which shall be deemed an official City document and filed with the City Secretary. SECTION 5' THAT the City of Lubbock Self Insurance Fund shall be authorized to pay for all necessary services to adjust and defend all liability claims made against the City of Lubbock for which no other policy of insurance exists and said fund is further authorized to, in the appropriate case, settle all such claims or to pay any judgments based upon such claims' SECTION 7' THAT the City Manager shall designate an officer or employee of the City of Lubbock to act as the administrator of the City of Lubbock Self Insurance Fund with the following powers and duties: I' To keep the City Manager fully informed as to all aspects of said Self Insurance Fund. 2- To make all disbursements from said fund for claims adjusting and legal defense coats- 3' To make disbursements from said fund in settlement of claims in the following manner: (a) In cases where the claim is ten thousand dollars or less he shall have full authority. December 11, 1986 528 (b) In cases where the claim is more than ten thousand dollars but less than twenty thousand the administrator shall secure the approval of the Assistant City Manager for Finance. (c) In cases where the claim is for twenty thousand dollars or more the administrator shall secure the approval of the City Manager' SECTION 8' THAT the City Manager is further authorized to issue requests for proposals to insurance consultants to review and update coverage to be extended by this plan as well as its actuarial soundness' SECTION 9' THAT the City Manager is further authorized to issue requests for proposals to secure claims adjusting and related services necessary for this fund' SECTION IO' THAT all claims handled under and through the City of Lubbock Self Insurance Fund shall be considered insured claims. Passed by the City Council this 11th day of December, 1986. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Robert Massengale Robert Massengale, Assistant City Manager for Financial Services APPROVED AS TO FORM: John C. Ross, Jr., City Attorney Prior to FY 81-82, the City carried only $300,000 of general liability and $500,000 of automobile liability insurance and with the FY 8I-82 renewal, the City added a $10,000,000 umbrella liability insurance policy. The combined premiums for these policies were approximately $402,000. As the result of an Attorney General's opinion, the City received bids for FY 82-83 liability insurance coverages, TML was awarded the bid and after year-end audit adjustments, the premium for the year was right at $450,000' However, included in the TML policy were substantial additions in coverages not previously on City policies. These additions included professional liability coverage, property damage coverage and the inclusion of employees and Board members on the policy. The premium rates for FY 82-83 carried over to FY 83-84 with no increase in premiums' During 1984, the municipal insurance market began experiencing significant changes and when policies came up for renewal, insurance companies were asking for huge increases in premiums. Because of the market, TML had difficulty acquiring their reinsurance and as a result could not inform cities of their FY 1984-85 premiums for several months after the beginning of the fiscal year. When cities were finally notified of their premiums, they also had received large increases in premiums. The City of Lubbock premium had increased by 87% to $841,816. For FY 85-86, TML again had difficulty acquiring reinsurances in an extremely bad municipal insurance market' As a result TML began charging an estimated premium at the beginning of the fiscal year to be adjusted when actual rates could be developed' When the City finally received its premium notice, the premium had increased by 82% to $I,359,761 with a reduction in coverage from $II,000,000 to $3,000-000' Unwilling to pay such a large premium, the City decided to raise the deductible on its coverage from $5,000 to t500,000 and this reduced the premium to t020,052 which the City paid. Total liability claims paid on behalf of the City of Lubbock for the fiscal years ending September 30, 1882 through September 30, 1985 amounted to $94I,000' This includes $550,000 on two claims paid as a result of the accident at the Health Department. During the first full fiscal year with the $500,000 deductible, the City paid $168,220 in claims that were underneath the $500,000 deductible and the premium for a $5,000 deductible policy would have been «700,000 more per year. Again for FY 86-87, TML was late in notifying the City of its liability insurance premium and this year, as a result of such drastic increases in December 111886 52g , previous years, the City avoided making an estimated premium payment Until TML informed the City of its premium. 3iDCa Staff still had not received premium notification, additional efforts were made to determine the Citv/s premium and this would be for «3,000,000 in coverage with a $500,000 deductible. Finally, on November 25, 1986, Staff was notified by telephone that the premium would be $945,812 and this was followed by written notification received on December 3, 1986. Since the City felt that this premium was unacceptable, the policy was canceled effective December 2, 1986. It was recommended that the City create a self-insurance fund' The purpose of this fund would be to provide for the accumulation of funds which would have gone for premium payments and the use of such funds for the payment of claims, litigation expenses and administrative costs. It was further recommended that the following be done in creating and setting up a City of Lubbock Self -Insurance Fund: I, That a Resolution be passed creating such a fund and that initially $500,000 be transferred from the Insurance Fund to provide funding. 2' That an RF9 be developed and sent out for a consultant to assist the City in developing a self-insurance coverage document and that in the interim the same coverages be provided as were in the TML coverage document' 3' That an RFP be developed and sent out to provide for adjusting services and that in the interim the City contract for such services on a claim -by -claim basis. Attorneys for litigation would be acquired by the adjusting agency with the concurrence of the City. 4. That the City pursue alternatives for providing additional reserves for catastrophic losses by the issuance of bonds or some Other form of fUDdiDg. Motion was made by Councilman Nash, seconded by Councilman Phillips to authorize Resolution #248I as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. (28') Consider ResolutionLubbock's participate in the establishment of an 9-1-1 emergency telephone system. RESOLUTION #2482 RESOLUTION #2482 WHEREAS, the voters within Lubbock County have approved the creation of a county -wide 9-1-1 Emergency Communication District in an election held for such purpose April 5, 1986; and WHEREAS, the City Council of the City of Lubbock believe that it would be in the best interest of the citizens for the City of Lubbock to participate in said 9-1-1 Emergency Communication District; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock desires to participate in the newly created 9-I-I Emergency Communications District encompassing Lubbock County and that all applicable service fees authorized by law may be applied within the City of Lubbock' Passed by the City Council this 11th day of December, 1986. FA61*19 Ranette Boyd Ranette Boyd, City Secretary Southwestern Bell and other telephone companies are requiring the Lubbock Emergency Communication District to provide resolutions from each city in the County who plan to participate in the E-9-1-I telephone network. The Resolution did not commit funds or resources. Motion was made by Councilman Carpenter, seconded by Mayor Pro Tem Baker to authorize Resolution #2482 as recommended by Staff' Motion carried: 7 Yeas; 0 Nays. December ll, 1986 530 86-45A-530-824 (29') Consider Resolution #2483 in support of maintaining as a major research university in the State of Texas. RESOLUTION #2483 RESOLUTION #2483 RESOLUTION IN SUPPORT OF MAINTAINING TEXAS TECH UNIVERSITY AS A MAJOR RESEARCH UNIVERSITY IN THE STATE OF TEXAS WHEREAS, Texas Tech University was established by a 1923 Act of the Legislature of the State of Texas; and WHEREAS, said Act is codified as Art' 2669 V'A'C'3'; and WHEREAS, said statute provides and charges the University to offer bachelor and all other degrees given by colleges of the first class; and WHEREAS, Texas Tech University consistent with its charge from the Legislature of the State of Texas has developed into one of the major Universities of the State of Texas; and WHEREAS, due to the development of Texas Tech as a major graduate and research oriented institution, students are attracted to said University throughout the State of Texas; and WHEREAS, Texas Tech University has developed exceptional research strengths in agriculture, biotechnology, chemistry, engineering, home economics, the natural and physical sciences and psychology and offers doctorial programs in some sixty different fields demonstrates its function as one of the major leading Universities in the State; and WHEREAS, Texas Tech University has a unique role and function in West Texas to furnish first class educational programs to residents who would otherwise be unable to obtain such education; and WHEREAS, Texas Tech University's strength and abilities have been recognized by the State Coordinating Board which designated Texas Tech University as one of the 3tate'o four major comprehensive Universities; and WHEREAS, due to the size of the State of Texas it is imperative that the State of Texas provide and maintain a major comprehensive University in West Texas so that quality education of the first class may be provided to the citizens of the State of Texas who reside in West Texas; and WHEREAS, Texas Tech University is such a University recognized as such by the State Coordinating Board as above mentioned; and WHEREAS, the chairman of the 8tatg's Select Committee on Higher Education has proposed that Texas Tech University be relegated to a second Tier University; and WHEREAS, such a status would destroy Texas Tech University's ability to provide a first class quality education to the residents of this State; and WHEREAS, the residents of West Texas, as well as other Texas residents who seek out such a quality education, should not be denied the ability to secure such an education in West Teuas', and WHEREAS, the State of Texas has the responsibility to advance higher education throughout the State so that its citizens may better prepare themselves to contribute to the quality of life enjoyed in this State; and WHEREAS, many residents of this State would be financially unable to obtain graduate level education and research if only two such Universities, both located in Central and East Texasare maintained b« the State; NOW THEREFORE: , -~ , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Select Committee on Higher Education recognize Texas Tech University as a First Class Comprehensive University providing necessary doctorial and research programs for the State of Texas. THAT in the event any tier system is recommended by the Select Committee on Higher Education that Texas Tech University be recognized as a Level One University within this State. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT this resolution be brought to the attention of the following: I. The Governor of the State of Texas 2. The Governor Elect of the State of Texas 3' The Lieutenant Governor of the State of Texas 4' The Speaker of the House of Representatives of the State of Texas 5' The Commissioner of Agriculture of the State of Texas 531 December ll, I986 G' Honorable John T. M0Dtf0rd, State Senator for District 28 7. Honorable Nolan "Buzz" Robnett 8, Honorable Run Givens 8' All Elected State Representatives in West Texas THAT the City Secretary be instructed to mail a copy of this resolution to all of the persons named above' Passed by the City Council of the City of Lubbock this 11th day of December, 1880' ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Ted Barron Ted Barron, Assistant to the City Manager APPROVED AS TO FORM: John C. Ross, Jr., City Attorney Motion was made by Mayor Pro Tam Baker, seconded by Councilman Nash to authorize Resolution #2483 as recommended by Staff. Motion carried: 7 Yeas; O Nays' 86-45A-531-�825 (3U') Hold an Executive Session to discuss acquisition and pending litigation of property for sewer systems. (32.) BID #9158--Miscellaneous street light materials (Warehouse Stock). Cummins Supply, AmGpillO--10 nil Switch; 300 photo electric control; 170 enclosures; 2,000/ 1-1/2o polyethylene duct 250/ coils. Graybar Electric Co., Amarillo--24 bracket arms. Westinghouse Electric Supply--200 bolt seta; 6 relays; 30 bases; 500 shorting caps; 50 bases aluminum frangible' Temple, Inc'--900 luminaire heads. Motion was made by Councilman Patterson, seconded by Councilman Carpenter authorizing low bids meeting specifications. Motion carried: 7 Yeas; O Nays. 88-45A-531�827 (33.) BID #9169--Renovate earthen dike at sewage effluent lagoon, and authorize same (Water Utilities Engineering). RESOLUTION #2484 Hub City Pavers, Inc. RESOLUTION #2484 DE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract by and between the City of Lubbock and Hub City Pavers, Inc. for the renovation of earthen dike at sewage effluent December II, 1986 532 lagoon, 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 11th day of December, 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 86-45/-532-828 \ g, ' MAYOR B.C. McMINN, Motion was made by Councilman Patterson, seconded by Councilman Carpenter to authorize Resolution #2484 and low bid meeting specifications' Motion carried: 7 Yeas; O Nays' ORDINANCE #8994--ZONE CASE #2577 (3003 Slide Road) --Hold a Public Hearing to consider request of Fred's Gun Emporium for zoning change from C-3 to C-4 Specific Use (for the pawning of firearms) on Lots 308 and 3092- Midwav Park Addition. ORDINANCE #8994 533 December 11, 1986 Kummmillawaaaa AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2577; A ZONING CHANGE FROM C-3 ZONE DISTRICT TO C-4 SPECIFIC USE PERMIT FOR THE PAWNING OF FIREARMS ON LOTS 308-309, MIDWAY PARK ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Burl Masters appeared to speak in favor of this request for C-4 Specific Use, allowing a pawn shop limited to pawning of firearms. No one appeared in opposition Assistant City Manager Jim Bertram stated that the sale of weapons is an allowed use in the existing C-3 zone; however, pawning requires "C-4" zoning. The adjacent land uses are as follows: North - Pizza Inn and a service station South - Service station East - Vacant lot and mini -warehouses West - General retail and loading alley He went on to say that since the entire adjacent area is now zoned "C", this request does not deviate from the Comprehensive Land Use Plan and the adjacent land uses should not be deteriorated by the proposed use. This business has operated at 4th Street and Toledo for more than a year with zoning similar to this request and no problems have been reported. The Planning Commission reviewed the Site Plan, along with the parking and landscape proposal, noting that any sign is subject to a separate permit and agreed with the request. The Planning Commission approved the request with the following conditions: 1. Approved per the site plan. 2. The pawn operation be limited to loans on firearms only. The Staff recommended that the City Council uphold the Planning and Zoning Commission. Mayor McMinn closed the Hearing. Motion was made by Councilman Patterson, seconded by Councilman Carpenter to pass on first reading Ordinance #8994 as recommended by Staff. Motion carried: 7 Yeas; 0 Nay 86-45A-533-829 (10.) ORDINANCE #8995--ZONE CASE #2118-L (south of 82nd Street and west of Vicksburg Avenue) --Hold a Public Hearing to consider request of Mike Myers, Architects & Planners, for zoning change from R-1 Specific Use to C-2 and Garden Offices on a tract out of Section 15, Block E-2. ORDINANCE #8995 ORDINANCE NO. 8995 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2118-L; A ZONING CHANGE FROM R-1 SPECIFIC USE to C-2 AND GO ZONING ON A TRACT OUT OF SECTION 15, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mr. Bob James, Attorney for the proponent, appeared to speak on behalf of this request. No one appeared in opposition. Assistant City Manager Jim Bertram stated that the adjacent land uses are as follows: North - C2 and single-family South - Golf course and single-family East - R1 Specific Use east of Vicksburg for housing West - C2 uses (site planned) in the original R1 Specific Use district. In 1979, the Planned Unit Development (Lakeridge) was zoned R1 Specific Use on 511 acres. The PUD Section of the Zoning Ordinance provides for a comprehensive Zoning that has more flexibility within the boundaries by pre -planning all the land relationships. Some of the public comment sheets expressed concern for a change "from the RI or residential zoning to commercial zoning." The I979 PUD came Zoned the land in the vicinity of this request as: l' A-2 -- high density apartments for 070' west of Vicksburg' 2- CA -- 400/ west of the 82. 3' C2 on the corner at Slide Road and 82nd Street. All the commercial area is subject to site plan approval and CA is a seldom used district that allows A -I and A-2 along with a commercial mixture. Notable CA uses are light retail sales stores, banks, churches, small grocery stores (no gas), offices, restaurants, etc. In April, 1884, the Planning and Zoning Commission and City Council approved new zoning with a Specific Use Permit for AM Specific Use L�J limited to professional facilities for the area zoned in 1979 as C and A- 2' Conditions of the case included: I' Limited to professional offices. 2. Tract D buildings be limited to one-story. 3' Site plan approval prior to a building permit' The changes, particularly on Tract D (the A-2 zoning), had strong public support in the last case. This Zoning has expired dug to the 30 month term of the Specific Use Permit' The zoning has reverted to the A-2 and CA uses as R-I Specific Use Zoning discussed above' This request does not involve a major change to the Comprehensive Land Use Plan nor is the zoning significantly different from the Specific Use which just lapsed. The request, when compared to the AM/CA zoning will aCC0Dpl1Sh the following: I. Provide garden offices rather than high density apartments on Tract D. 2' Locate C2 zoning an additional 100/ to the east of the existing CA, which is a parking lot VO the site plan. �-� 3' The proposed building is three stories, versus the five -story building indicated on the AM Specific Use site plan. 4' The lapsed AM Specific Use zoning limited the Tract D buildings to one story. Unrestricted GO would allow two story buildings but would prohibit windows above IO/ VD the south (towards Lakeridge). A drainage easement exists OO the property where the three story building is proposed' The entire east parking lot and motor bank are proposed in the easement, which is designed to handle approximately IOOO' of water per second during overflow conditions' During initial discussion with the proponent, Staff requested that the building and motor bank facility be moved 50/ to lOO' west to conflict leas with the drainage easement' The proponent indicated a clear understanding that motorbaOk operations would cease and the parking lot would be under several inches of water when a significant flow occurred. Thus, the conditions recommended by the Planning Commission place the burden of solutions to the site drainage and drainage easement on the proponent. Staff also made reference to the fact that future tenants of the building will most probably press the Engineering Department for a solution to the drainage problems when drainage problems VCCUr, The Planning and Zoning Co00iSSiOD approved the request with the following conditions: l. The proposed site plan Shall be Valid only if a solution to the drainage easement problem is approved by the Planning and Zoning Commission. 2' Drive entrances and sidewalks in the vicinity of the existing easement be designed as depressed and approved by the Engineering Department. 3' The Engineering Department shall review and approve any raised landscape or parking feature that remains in the ultimate drainage easement; 4' The west C-2 tract shall remain subject to site plan approval by the Planning and Zoning Commission prior to the issuance of a building permit; and December II I 5' Staff approval shall be required for a final site plan on the proposed bank tract prior to the issuance of a building permit' It was recommended to Council by Mr' Bertram that the following changes be made to this Ordinance: I' That Item C of the Conditions be deleCed- 2' That Item G be amended to require review of site plan by Planning and Zoning Commission rather than Staff' Mayor McMinn closed the Hearing. Motion was made by Councilman Phillips, seconded by Councilman Carpenter to pass on first reading Ordinance #8985 as recommended by Staff. Motion carried: 7 Yeas; O Nays. 86-45A-535-830 (ll') Consider Ordinance #8996 amending the Zoning Ordinance to regulate signs off of thoroughfares. ORDINANCE #8996 AN ORDINANCE AMENDING THE ZONING CHAPTER OF THE LUBBOCK CITY CODE BY PROVIDING REGULATIONS FOR FREESTANDING SIGNS IN THE "GO" DISTRICT AND IN COMMERCIAL ZONES WITH LOCATIONS OFF OF THOROUGHFARES; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Assistant City Manager Jim Bertram reported that in several areas of the City, c000gpcia] and industrial districts have developed that d¢ not have access to thoroughfare or expressway streets. Under existing zoning law, these parcels are not eligible for a freestanding sign. When commercial development policy created 5-I0 acre tracts at the intersection of thoroughfares and the older strip commercial areas all had thoroughfare exposure, few businesses had a lot or tract that was ineligible for a freestanding sign. There is a growing number of developments where lots and tracts are located on non -thoroughfare streets; however, the area is strictly commercial or industrial' To correct this, the Staff and the Planning Commission recommended an Amendment which will allow 5/ to lO' freestanding pedestal signs on non -thoroughfare or expressway lots or tracts. Following are the four standards proposed: l' One free-standing sign shall be permitted on a development lot' 2' Free-standing signs shall be of a pedestal or monument type with the entire structure built as one unit' Construction materials shall be compatible with other structural forms on the development lot' Elevation drawings shall be submitted for staff review prior to issuance of a building peMmit,a showing construction materials and detail' 3' The area, height and setback shall be as determined by the standards of Section 29-3(7), a'l (i), (ii), (iii)' The maximum height of any free-standing sign shall be lO/' 4. The sign shall be at least 25/ from any driveway curb cut, alley return, or driveway -alley combination; or on corner lots the permitted free-standing sign may be placed not he corner provided it is not within the visibility triangle' Mr' Duane Miller appeared to request that Council offer same sort of relief to the sign industry. Mayor McMinn closed the Hearing. Motion was made by Councilwoman Tr 'V, seconded by Mayor Pro Tem Baker to pass on first reading Ordinance #8996 as recommended by Staff' Motion carried: 7 Yeas; 0 Nays' December 11, 1986 536 R-44 THE STATE OF TEXAS COUNTY OF LUBBOCK s Before me Jane Roark a Notary Public in and for Lubbock County, 4a personally appeared T_wi Ia Aufi I I , Account Manager of the Soutla, E f 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 contin` than fifty-two weeks prior to the first insertion of this Legal Notice No. ?56542 at Lubbock County, Texas and t�� ed copy of the Legal Notice is' a true copy of the original and was printed Avalanche -Journal on the followin dates: 'neremhe r 89 1986 61 words @ 41t = $25.01 Account Manager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 8 t h day of 5-10 86-45A-536-831 (12.) Hold a Public Hearing to det limousine service and take a December JME ROARK N RY :PUBLIC',in and For The State of Texag MY Commission Expires Oct. 24, 19go 19 86 )ublic convenience and necessit riate act Ms. Armstrong requested that this Public Hearing be postponed due to family illness until February 27, 1987. February 26 is the date closest to this and Staff suggested that if the Hearing is continued, that it be set for February 26. The City Attorney advised that this can be continued with a motion of the Council without having to re -advertise. Motion was made by Councilman Nash, seconded by Councilman Phillips not to continue the Public Hearing until February 26, 1987. Councilman Nash withdrew the motion. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to continue the Public Hearing until February 26, 1986 at 11:00 a.m. Motion carried: 7 Yeas; 0 Nays. I L 537 December 11, 1986 Release Number R-44 THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Jane Roark a Notary Public in and for Lubbock County, Texas on this day personally appeared Tw i I a A u f i I 1+ A r r o lint M i n a d e r of the Southwestern Newspa- — pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more I� than fifty-two weeks prior to the first insertion of this Le d a i N n t , r a No. 7565 1 4 at Lubbock County, Texas and the attached print- ed copy of the Legal N o t re is a true copy of the original and was printed in the Lubbock Avalanche -Journal on the following dates: November 269 1986 '��� rNervs�a i3t Toxe�s'�t�bconsi Lions �t"1id' i"a n Account Man Qerr,no�ax� son't`��� sea ttwnc%X'wifi LUBBOCK AVALANCHE -JOURNAL dniroas Southwestern Newspapers Corporation M area � Subscribed and sworn to before me this 26 t h day of N o w e mb e r 86 v "+� 19is a�sr, �iida YOUNIE ROAfiK FORM 58-10 F46TR17i' RltBIIC yin and For The State of Texas O'a ni`nra , ra My Commission Expires Oct, 24, 1990 86-45A-537-832 (13.) Hold a Public Hearing on the proposed amended Urban Renewal Neighborhood Development Plan TEX. A-14. 86-45A-537- 833 (14.) Consider Ordinance #8997 amending the Urban Renewal Plan for the Urban Renewal Neighborhood Development Plan TEX. A-14. ORDINANCE #8997 ORDINANCE NO. 8997 AN ORDINANCE AMENDING THE URBAN RENEWAL PLAN FOR THE NEIGHBORHOOD DEVELOPMENT PROGRAM AREA PROVIDING FOR LAND USE CHANGES AND A TAX INCREMENT FINANCING DISTRICT. Assistant City Manager Jim Bertram gave a brief history of this issue as follows: On August 25 the City Council reviewed the concept of Tax Increment Financing and its possible applicability to the Overton and C.B.D. redevelopment efforts. It was determined that a district could be established as an Amendment to an existing Urban Renewal Plan. The original proposal was to establish a Tax Increment Financing District for the eastern portion of the Overton area and the Central Business District. Following the City Council discussion, a meeting was held with representatives of all of the taxing entities to review the proposed plan. From this meeting, Broadway corridor extending to University Avenue was included in the district. On September 30, the Urban Renewal Board approved the proposed Amendment to the Neighborhood Development Plan (NDP Plan). The proposal updates the land uses within the NDP area and establishes the Tax Increment Financing District. The proposed plan defines the boundaries of the entire NDP Plan which have not been changed. The Tax Increment Financing District which was approved by the Urban Renewal Board includes all of the Overton neighborhood, the Central Business District and the Broadway Corridor. The Urban Renewal Board included the entire Overton neighborhood after hearing discussions from the neighborhood representatives. December lI, I988 538 The PpDpVSSd Land Use Mao for the Tax Increment Financing District, URP- 3, specifically illustrates the land uses as adopted by the City Council in May, I986 and the only exception is the tract where Carroll Thompson Junior High is located. The City Council approved Plan shows the tract as a public use and the proposal is to change the use to light commercial/ residential. This Change was considered at the request of Mr' W. R. Collier, President of the Lubbock Redevelopment Association. A letter supporting that LRA request was received from the Lubbock Independent School District' The school property has been sold to m private redeveloper and it is |`1 unlikely that the tract will be redeveloped as a public Use. For this reason the Staff recommendation is to show the tract as light commer- cial/residential use. As a land use classification, light retail is probably marginally marketable at this location. Two elements of development would seem to be essential if the site is to be successful as a light retail center: I\ 77 the architectural design and site plan must CrgGt8 a unique environment With proper landscaping, and 2\ a physical and visual connection should be made to Broadway for identification and traffic circulation. In addition, site planning should address access to vehicular traffic on the street to the south next to the park. Althoughthis type of center would be most helpful in the Central Business District to aid initial revitalization, the project could work in this location subject to the two conditions mentioned. The Urban Renewal Board approved the Land Use Plan as submitted to them. On October 2 the proposal passed by the Urban Renewal Board was considered by the Planning and Zoning Commission. The recommendation of the Planning and Zoning Commission was to accept the Urban Renewal Plan as proposed by the Urban Renewal Board of Commissioners. As a summary, the Urban Renewal Board of Commissioners and the Planning and Zoning Commission approved the proposal to establish the Tau Increment Financing District to include all of the Overton neighborhood, the Central Business District and the Broadway Corridor' They also approved the land uses as proposed which include the change in the Thompson tract from public to light commercial/residential. On September 25 the City Council approved the execution of a Contract with Trkla, Pettigrew, Allen and Payne for a feasibility study and development of a Tax Increment Financing Revitalization Program' �-� Mr. Bob Harder of Trkla, Pettigrew, Allen and Payne, presented their T.I.F. feasibility analysis. Mr' Harder reported to Council that what has been proposed in the Overton C'D'B-G' area can be established under Urban Renewal Law and that all of the proposed boundaries are acceptable. The consultants have looked at the City proposals in terms of expenditures and found uses to be compatible with Texas Urban Renewal Law' They studied sources to generate the increment (private developments) and the pace at which the increments would coma out. Mr' Harder said no other Texas city has undertaken the approach of development of a T.I.F. District within an Urban Renewal Project. He stated that the preliminary report concluded that the TIF District should be established to include the eastern area of Overton, the Central Business District and the Broadway Corridor' the basis of this conclusion includes: a- the number and location of public improvements proposed to be financed by TIF funds, and b' the number of private improvements proposed which generate Tax Increment. The report includes a listing of approximately $17-I8 million of private |'| improvements to be located within the district over the next five years. The private investment could generate approximately $8 million in Tau Increment revenue between 1987 and 2007- Additionally, the report identifies public improvements which are estimated at $12 million and these public improvements are located within the district. 77 As a result of recommendations and discussion in the preliminary TIF | | Study dated November I986, the following changes to the Urban Renewal L� ~ - Plan were made prior to passage on second reading: l' Establish the TIF boundary as recommended in Exhibit 2 in the TIF Study. ("TIF District Proposal With Broadway Extension") 2' Expand the list of plan activities as stated in section D-3, page 8-9, to include item #I6 as follows: "Professional and administrative expenditures as allowed by the Urban Renewal law and as authorized by City CVUnCil=. 3' Amend section D-8, page 5, to add a paragraph as follows: "The Tax Increment Financing District shall be for a period not to exceed 15 years". This constraint is subject to future Urban Renewal Plan amendments. The City Council will establish the district through an Amendment to the existing NDP Urban Renewal Plan and this Amendment will be adopted by Ordinance. Additionally, the City Council will consider a RGS0lUtiVD which establishes the Tax Increment fund if the district is approved on December IO- If a public project is not included in the Plan, then an amendment to the Plan must be initiated to include the project. The amendment process allows public comment to the Urban Renewal Board, the Planning and Zoning Commission and the City Council' The Resolution, which establishes the TIF fund on December I8th, also states that "all taxing entities will be notified of Urban Renewal Board meetings where TIF matters are on the agenda", and subcommittees may be created to review and advise the Urban Renewal Board on issues related to the implementation of the TIF Plan' Others speaking at the Hearing were: John Wilkerson, Chairman of the Board of City Development, read a statement favoring creation of the T.I.F. District by the Board of City Development; Gary Boren, President of LISD Board of Trustees, read a statement indicating support of that Board and requesting that they be actively involved in the determination of projects to be funded by the Tax Increment District. Mr. Boren stated that the Board of Trustees feels strongly that the T.I.F. District should be limited to the District proposed in the Executive Summary of the Consultants' Report. Aoness Hicks, President of the Overton South Neighborhood Association, indicated support for creation of the T.I.F. District and urged Council to uphold action of the Urban Renewal Board and the Planning and Zoning Commission to include the entire Overton area in the T.I.F. District. W. R. Collier, representing the Lubbock Redevelopment Association, expressed the Association's support for the T.I.F. District creation and indicated support for boundaries recommended by Staff and Consultants. Grey Lewis, representing the Lubbock Chamber of Commerce, indicated the support of their Board for creation of the T.I.F. District and further stated that the boundaries establishment should be left to the City Council. Ken Hargiahiamer, Overton resident, requested that item #/s 2, 3 and G in Consultant Recommendation for expenditures, received a lower priorities than those recommended by the Consultants. Linda Hogan and Ha Song Norris, Overton residents, had some questions regarding the Consultant's study and urged Council to uphold recommendations of the Urban Renewal Board, Councilwoman Tr 'o reported that she has received numerous calls regarding the boundaries extension to University and that she supports this extension including the entire area in the district (19th Street to 4th Street and from University Avenue to Avenue Q). Mayor Pro Tam Baker expressed concern about the enlarged district because it would dilute the effect of the money created by the increment. Councilman Carpenter asked about creation of sub -zones. Mr' Harder replied that the net effect of sub -zones would be the same as enlarging the district. He stated further that the amounts generated would be small and sub -zones or additionally created districts would be administratively more complex. [8UDCilwV08O Tr'0 Stated that with regard to the dilution problem, the Urban Renewal Board would be able to look at the projects in the district and make the appropriate choices. Mayor McMinn stated that if a short -fall is experienced on the frozen tax for any reasVD� that money must be made Up out of the increment to bring the total back up, before any money could be designated for public use. This could have the effect of reducing the funds to the level where the program would be ineffective. Mayor McMinn closed the Hearing. Motion was made by Mayor Pro Tgm Baker to pass on first reading Ordinance #8997 and to amend the Urban Renewal Plan as follows: 1. Establish the T.I.F. boundary as recommended in Exhibit 2 in the T.I.F. Study. /xT.I.F. District Proposal with Broadway Extension") 2' Expand the list of plan activities as stated in section D-3, page 8-8, to include item #lG as follows: "Professional and administrative expenditures as allowed by the Urban Renewal law and as authorized by City Council". 3' Amend section D-3, page 6, to add a paragraph as follows: "The Tax Increment Financing District shall be for a period not to exceed 15 years". This constraint is subject to future Urban Renewal Plan amendments. Motion seconded by Councilman Carpenter' Motion carried: h Yeas; l Nay- -Councilwoman Tre'o' 86-45A-540-834 (31.) Consider Resolution #2485 authorizing the Mayor to sign a Contract to buy property for sewer systems. RESOLUTION #2485 RESOLUTION #2485 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 ans directed to execute for an on behalf of the City of Lubbock a Contract for the purchase of land to be entered into by and between the said City (as purchaser) and Ann Price Simmons, Barry Simmons Dueenan, and Betsy Simmons Brown (as vendors) concerning approximately 146-73 acres of land out of Sections 2 and 3, Block 8, Lubbock County, 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 Ilth day of December, 1986. R ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Samuel W. Wahl Sam Wahl, Director of Water Utilities APPROVED AS TO FORM: /s/ J. Worth Fullingim FJ. Worth FWlliDgim, Assistant City Attorney Staff presented the offer of the Price property and the Clark property for purchase and the proposed sales Contract with Ann Price Simmons and her two daughters is for t170,250 based on a cost of $1,135 an acre for 150 acres' The Agreement provides that one-half of the minerals owned by Ann Price Simmons will be conveyed to the City and part of the minerals which have been conveyed to others would be very difficult to convey to the City' The Price property has been used for sewage irrigation for a long period of time, the distribution system is in place, and the land has been bench level to accommodate flood irrigation' To determine the value of the location of this property to the sewer farm and the value of the distribution system and the bench leveling, Staff estimated the cost of a large scale development to the mast of the sewage lagoon' The hypothetical development was on approximately 2,700 acres of land' Staff used this figure because this acreage would accommodate an additional I0,000,000 gallon per day flow or the flow increase that is anticipated in the next 20 years. The coat of the distribution system for that number of acres was $256 per acre' This seemed excessively high so Staff checked with Lubbock Christian College to find out the cost of the distribution system at the Wilson project. Excluding the coot of the pipeline from Lubbock to the site and the pivot sprinkler irrigation system, the cost was $254 per acre for the pipelines and the valving system and this did not include any storage facilities. Staff further estimated that the cost of bench leveling the property to allow flood irrigation was $lOO per gross acre' In any future irrigation project, the City will be faced with either bench leveling for flood irrigation or installing a pivot sprinkler system. The cost of the pivot sprinkler system was in excess of $260 per acre at the Wilson site and Staff feels that the location, the distribution system, and the bench leveling have a value of approximately $350 per acre. The cost of this property is comparable to what the development of property to the east would cost' Staff recommended that this offer be accepted. 41 December II 1986 The nine -acre tract offered by the Clark Brothers at $1,500 per acre does not have this value for water disposal; however, with the frontage on 50th Street, this property has value to other potential buyers for uses that may be incompatible ith waste water irrigation' This property is surrounded on three sides by the sewer farm and faces land that is irrigated by sewage across 50th Street. This could be a very expensive buy-out if it is not owned h« the City and Staff recommended that this parcel be purchased. Staff by not have a Sales Contract for the Clark property but suggested that the Sales Contract be prepared for the second meeting in January. Motion was made by Councilman Nash, seconded by Mayor Pro Tem Baker to authorize Resolution #2485 as recommended by Staff. Motion carried: 7 Yeas; O Nays. (34') Consider two appointments to the Housing Authority Board_. The terms of Julian Simpson and Jane Bacon will expire December 27, 1986. Motion was made h« Councilman Patterson, seconded by Councilman Phillips reappointing Julian Simpson and Jane Bacon to the Housing Authority Board' Motion carried: 7 Yeas; U Nays' 86-45A_5417836 (35') Consider three ap ointments to the Plumbing Board. The terms of Garl Nvstel, Roger Battiston! and Bert Maze will expire December 31, 1986 Motion was made hx Mayor Pro Tem Baker, seconded by Councilman Phillips to reappoint Roger ' BatistVni and Bert Maze and to appoint Duane Agnew to the Plumbing Board. Motion carried: 7 Yeas; U Nays' ` 86-45A_541_837 (36') Consider two appointments to the Board of Electrical Examiners. The terms of Gerry_Averett and John R. Ragland will expire December 31, 198 Motion was made by Mayor Pro Tem Baker, seconded by Councilman Carpenter to appoint Jake Mxers-'Master Electrician, and Bill Burt, Electrical Engineer to the BoardofElectrical Examiners. Motion carried: 7 Yeas; U Nays. 86-45A-54-838 (37') Consider one appointment to the Board of Health to fill the unexpired term of Jean Arnett who has resigned. This term will expire February 21 1989. Motion was made o by Mayor Pro Tem Baker, seconded by Councilman Patterson to appoint Patsy ok- to the Board of Health. Motion carried: 7 Yeas; O Nays. 86-45A+54` 83B Consider seven a pointments to the Board of City Development. The terms (38.) of Tom Battin,___George Brewer, Bob Greenhill, Ethel McLeod, Marshall Tavlor. Alan White and John Wilkerson will expire December 31, 1986. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson reappointing George 8ewer, Bob Greenhill, Ethel McLeod, Marshall Taylor, Alan White and Jon Wilkerson and to appoint Morris Turner to replace Tom 8attin (who had requested not to be reappointed) to the Board of City Development. Motion carried: 7 Yeas; O Nays' \ 85-45A-541-840 The terms of (3g') Consider two appointments to the Lubbock Libraries Board. SteDhanie Hill and Nancy Neal will expire December 31, 1986. Motion was made b« Mayor Pro Tem Baker, seconded by Councilman Patterson to reappoint Nancy ^ Neal and to appoint Esther Moses to replace Stephanie Hill to the Lubbock Libraries Board' Motion carried: 7 Yeas; 0 Nays. 542 There being no further business to come before the Council, the motion was made by Councilman Patterson, seconded by Councilwoman Tr 'o to adjourn the meeting at 8:45 a.m. Motion carried: 7 Yeas; O Nays' ATTEST: UJUILEoMINN, MAYOR ATT Ranette Royd, City Secretary