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