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HomeMy WebLinkAboutMinutes - City Council - Regular - 3/22/1990179 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING MARCH 22, 1990 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 22nd day of March, 1990 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 10:00 A.M. Present: Mayor B. C. McMinn, Mayor Pro Tem Joan Baker, Councilman T. J. Patterson, Councilman Gary Phillips, Councilman Bill Maloy, 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 10:00 A.M. ( i.) The Invocation was given by Director of Water Utilities, Dan Hawkins. 2.] The Pledge of Allegiance was given in unison by those in the Council Chambers. 3.f Motion was made by Councilman Patterson, seconded by Councilwoman Trejo, to approve the Minutes of the March 8, 1990 City Council meeting as written. Motion carried: 7 Yeas; 0 Nays. PROCLAMATION "MHMR Substance Abuse Awareness Month -- April, 1990. ( 4.) Board Appointments Certificate Presentations 90-49A-. 179-151 ( 5.) Ken Sanderson requested that Council authorize issuance of a Loudspeaker Permit to Boot City, Inc. to stage a 90-minute outdoor concert at 6645 West 19th Street (free to the public) to benefit the Cowboy Crisis Fund. Mr. Sanderson noted that the original request was for April 2, 1990, but that due to circumstances regarding scheduling the band, his request now is for March 31, 1990. According to staff memo, the loudspeakers will face away from the residential areas. An on site inspection yielded ample off-street parking. 81 residents adjacent to Boot City indicated their approval on the loudspeaker petition and 6 residents indicated disapproval. Staff has submitted this particular request to the Lubbock City Council due to the fact that the concert is scheduled for a time after 5:00 p.m. on a weekday. March 22, 1990 Page 180 The memo stated further that Mr. Sanderson has met all requirements of the City's Loudspeaker Ordinance (Ordinance No. 8675). Motion was made by Councilman Carpenter, seconded by Councilman Maloy, to approve Loudspeaker Permit as requested. Motion carried: 7 Yeas; 0 Nays. 90-49A-•180-152 ( B.) ORDINANCE #9343-- streets and alleys. ORDINANCE #9343 Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker, to pass an second and final reading Ordinance #9343. Motion carried: 7 Yeas; 0 Nays. 90-49A 180-153 [ 9.) ORDINANCE #9337--Abandoning and closing a_5' Underground Utility Easement located West of Lot 849, Pleasant Ridge Addition in Tract A. Clawson Point Addition. ORDINANCE #9337 AN ORDINANCE ABANDONING AND CLOSING A FIVE FOOT UNDERGROUND UTILITY EASEMENT LOCATED JUST WEST OF THE PLEASANT RIDGE ADDITION TO THE CITY OF LUBBOCK, LOCATED IN TRACT "A", CLAWSON POINT, AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED HEREINAFTER IN OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker, to pass an second and final reading Ordinance #9337. Motion carried: 7 Yeas; 0 Nays. 90-49A-180-154 (10.) ORDINANCE--#9342--Establishing additional positions in Police Department. ORDINANCE #9342 AN ORDINANCE ESTABLISHING ONE ADDITIONAL CLASSIFIED POSITION IN THE POLICE DEPARTMENT OF THE CITY OF LUBBOCK, TEXAS, OF THE RANK AND TITLE OF "ASSISTANT POLICE CHIEF," THREE ADDITIONAL CLASSIFIED POSITIONS IN THE POLICE DEPARTMENT OF THE CITY OF LUBBOCK, TEXAS, OF THE RANK AND TITLE OF "POLICE: SERGEANT," AND ONE ADDITIONAL CLASSIFIED POSITION IN THE POLICE OEPARTFIENT OF THE CITY OF LUBBOCK, TEXAS, OF THE RANK ANO TITLE OF "POLICE CORPORAL;" DIRECTING THE CITY MANAGER OF THE CITY OF LUBBOCK, TEXAS, TO MAKE CHANGES IN THE APPROVED BUDGET OF THE CITY FOR FISCAL YEAR 1989-90 TO HEREAFTER REFLECT THE CREATION OF SUCH ADDITIONAL POSITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker, to pass on second and final reading Ordinance #9342. Motion carried: 7 Yeas; 0 Nays. March 22, 1990 Page 181 90-49A-181-155 (15.) RESOLUTION #3330 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Pheasant Run Addition, Lots 200 thru 230 made arrangements with Williams & Peters Construction Co., Inc. for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned addition including the following streets: 77th Street from its intersection with a line 7 feet west of alley west of Grover Avenue to its intersection with a line 15 feet west of west property line of Homestead Avenue known and designated as New Subdivision Sub -Unit Number 02 of Unit Number 2"u34. 78th Street from its intersection with the west lip line of Homestead Avenue to its intersection with a line 15 feet west of west property line of Hope Avenue known and designated as New Subdivision Sub -Unit Number 03 of Unit Number 2034. Homestead Avenue from its intersection with the south lip line of 77th Street to its intersection with a line 15 feet north of north property line of 79th Street known and designated as New !Subdivision Sub -Unit Number 04 of Unit Number 2034. Hope Avenue from its intersection with the south lip line of 78th Street to its intersection with the north lip line of 79th Street known and designated as New Subdivision Sub -Unit Number 05 of Unit Number 2034. Hope Avenue from its intersection with the north lip line of 78th Street to its intersection with a line 6.5 feet north of north property line of alley north of 78th Street known and designated as New Subdivision Sub -Unit Number 06 of Unit Number 2034. AND WHEREAS, the construction of the above improvements on the above - mentioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS. SECTION 1. That the improvements on said portions of the above - mentioned streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. This Resolution shall take effect and be in force from and after its passage. March 22, 1990 Page 182 PASSED AND APPROVED THIS 22nd DAY OF March, 1990. ATTEST: ZsZ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: ZsZ Lar-ry C1. Hertel Larry fl. Hertel, City Engineer s B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Is1 J. Worth Fullingim_ J. Worth Fullingim, Assistant City Attorney CONSOLIDATED FINAL QUANTITIES FILED WITH RESOLUTION This is a routine acceptance of paving improvements required at the time of platting. This new subdivision is situated at Homestead Avenue and 79th Street, north of the new Frenship School, and no City cost is due the contractor. Motion was made by Councilwoman Trejo, seconded by Councilman Patterson, to authorize Resolution 43330 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A-182-156 (16.) Consider Drdi ance 49344 abandoning and closing three ORDINANCE #9344 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A STORM WATER DRAINAGE AND STORAGE EASEMENT LOCATED IN SOUTHWEST COMMERCIAL PARK ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAYINGS CLAUSE; AND PROVIDING FOR PUBLICATION. These 3 areas of Stormwater Storage and Drainage Easement to be closed are located just east of Homestead Avenue, south of 50th Street and to the west of Frankford Avenue in the Southwest Commercial Park Addition. A cut -and -fill was completed on Lots 1, 2 and 3, Southwest Commercial Park, in June, 1982 and a portion of the east side of Lot 3 was not filled to high water and was granted as a Stormwater Storage and Drainage Easement. Then in December, 1983, a cut -and -fill was completed on Lots 4-16, Southwest Commercial Park, which filled the east portion of Lot 3, to high water. However, the Stormwater Storage and Drainage Easement was not abandoned at that time. Additionally, a February, 1990 improvement survey by Hugo Reed showed the encroachment of two metal buildings onto this Easement. This Ordinance will close these 3 Easements, and the areas of closure are 353.9 square feet on Lots 2 and 3, 71.9 square feet on Lot 3, and 11,689.7 square feet on Lot 3. When these lots were platted, a new Stormwater and Storage Easement was dedicated, which more than trades out for the areas being closed. The proponent March 22, 1990 Page 183 90-49A-183-157 (17.) of this closure is Hugo Reed for the Lubbock National Bank. Staff indicated that there are no problems with this closure, that the $150 application fee has been paid, and that they recommended approval. Motion was made by Councilman Carpenter, seconded by Councilwoman Trejo, to authorize Ordinance #9344 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. First United Methodist Church. RESOLUTION #3331 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 Street Use License Agreement with First United Methodist Church, 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 22nd day of March, 1990. s B. C. McMinn B. C. McMINN, MAYOR ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: s Ed Bucy Isj Harold Willard___ Ed Bucy, Right -of -Way Agent Harold Willard, Assistant City Attorney STREET USE LICENSE THE STATE Or TEXAS § COUNTY OF LUBBOCK § This indenture made this 22nd day of March, 1990, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and FIRST UNITED METHODIST CHURCH, Lubbock County, Texas, hereinafter called "LICENSEE." WITNESSETH: Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license to use a portion of dedicated street for an overhead commication cable for a satellite dish, to -wit: BEGINNING at a point 6.00 feet West of the Northeast corner of Lot 20, Block 145, Original Town to the City of Lubbock, Lubbock County, Texas; THENCE North, a distance of 75.00 feet to the South side of Lot 11, Block 129, Original Town to the City of Lubbock, Lubbock County, Texas; March 22, 1990 Page 184 THENCE West along the South line of Lot 11, Block 129, Original Town, a distance of 1.00 foot to a point; THENCE South, a distance of 75.00 feet to the North line of Lot 20, Block 145, Original Town to a paint; THENCE East, along the North line of Lot 20, Block 145, Original Town, a distance of 1.00 foot to the POINT OF BEGINNING. The term of this grant shall be for five (5) years from date hereof, and shall be automatically extended for successive five (5) year terms not to exceed twenty (20) years in any event unless either party shall give written notice of termination to the other party before the expiration of the first, second or third five (5) year term, as the case may be, and the CITY OF LUBBOCK retains the right at its election to cancel and revoke this license, with or without cause, upon notice to LICENSEE. Said notice shall be deemed properly served if deposited in the post office, postage paid, addressed to LICENSEE at 1411 Broadway, Lubbock, Texas, 79401, or the last known address of LICENSEE. Upon the expiration or cancellation and revocation of this license by the CITY OF LUBBOCK, or the abandonment of this license by the LICENSEE, the improvements that are permitted under this license shall be removed by the LICENSEE and the property shall be restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or refuses to remove such improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall take possession and remove or cause to be removed such improvements, and the expense incurred shall be assessed against LICENSEE, for which LICENSEE shall be liable. 1. LICENSEE shall pay to the CITY OF LUBBOCK as compensation for such grant the sum of TWO HUNDRED FIFTY AND NO/100 ($250.00) DOLLARS cash in advance contemporaneously with the acceptance and execution hereof by LICENSEE for the first five (5) year term of this license, and thereafter such rate of compensation may be changed for each succeeding five (5) year term by the CITY OF LUBBOCK to a rate of compensation which is based on procedures and policies as established by the City Council of the CITY OF LUBBOCK, based on an appraisal of the fair market value of such land by the Right -of -Way Department of the CITY OF LUBBOCK, as applied to the formula for determining such rate established by the City Council. if such rate is not changed by the CITY OF LUBBOCK, the rate for the preceding five (5) year term shall apply. The CITY OF LUBBOCK shall notify the LICENSEE of any change in rates in writing before the start of the five (5) year term to which such change in rate shall apply, and if such notification is not made, then the rate for the preceding five (5) year term shall apply. �'. The LICENSEE agrees to pay all costs arising out of the exercise of this license herein granted including, but not limited to, the replacement and repair of paving, sidewalks and utilities of any nature damaged as a result of the construction authorized by the license. 3. In the event the CITY OF LUBBOCK determines that the license herein granted interferes with or causes the rerouting or realignment of any public utility, franchised utility or sanitary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK or franchised utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK or such utility, as the case may be, for its expense in relocating or rerouting over and above the expense which would have been incurred except for LICENSEE'S use herein. 4. This license is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 5. This license is made subject to the condition that should the LICENSEE exercise any right under this license and prepare or begin or complete any part of the construction as herein contemplated across any or all of the above described property, then and in that event said LICENSEE, its successors and assigns will at all times defend, indemnify and otherwise hold the CITY OF LUBBOCK, its agents, servants and employees harmless from any and all claims, demands, actions, causes of action, suits March 22, 1990 Page 105 at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this license or the construction or use permitted herein. The CITY OF LUBBOCK, at its option, may require an agreement with any contractors hired by LICENSEE to perform the construction, repair or maintenance permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractors. The CITY OF LUBBOCK may further require any of said contractors, when engaged in the construction, repair or maintenance permitted herein, to furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond, in an amount and in a form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and conditions contained in said agreement, and a certified copy of a policy of public liability insurance assumed by said contractors in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to incurring any costs or expenses or the payment of any such claims or demands in order to give LICENSEE a reasonable opportunity to settle or adjust the same. 15. LICENSEE agrees and is required to furnish a policy of public liability and property damage insurance within limits specified by and in a form satisfactory to the City Attorney for the CITY OF LUBBOCK, and which names 'the CITY OF LUBBOCK as the insured, said policy covering the uses herein granted. 7. All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the successors, legal representatives, assigns and the duly authorized agents and contractors of the parties hereto to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the LICENSEE, its successors or assigns shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance, except as specified in numbered paragraph four (4). 13. LICENSEE, by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are intended or, implied except those expressly set forth herein, and LICENSEE waives any and all claims in and to the public way it is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this license. CITY OF LUBBOCK BY:Is1 B. C. McMinn B. C. McMINN, MAYOR ATTEST: s Ranette Boyd Ranette Boyd, City Secretary AGREED TO AND ACCEPTED this 27th day of March, 1990. FIRST UNITED METHODIST CHURCH BY:jsj Brian Bakeman BRIAN BAKEMAN EXECUTIVE DIRECTOR APPROVED AS TO CONTENT: Is1 Ed Buc Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: Is1 Ha -old Willard Harold Willard, Assistant City Attorney March 22, 1990 Page 186 THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared B. C. McMINN, MAYOR, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed and in the capacity therein stated. GIVENI UNDER MY HAND AND SEAL OF OFFICE this 22nd day of March, 1990. Is/ Olivia R. Solis Notary Public in and for the State of Texas Commission expires 11-30-93. THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County„ Texas, on this day personally appeared BRIAN BAKEMAN, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated as the act and deed of FIRST UNITED METHODIST CHURCH. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 27th day of March, 1990. Is1 Mary Lou Morris Notary Public in and for the State of Texas This Street Use License for First United Methodist Church is for a private communications cable which will cross 13th Street just west of Avenue M. This cable will connect the main building to a satellite dish receiver which is to be built on the parking lot south of the main building. A new pole will be erected on church property on the south side of 13th Street to carry this cable and will cross 13th Street northward to an existing pole. The term of this License is for 20 years and $50 will be the yearly fee. Staff indicated that the $150 application fee has been paid, that there are no problems related to utility issues, and that they recommend approval. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker, to authorize Resolution #3331 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A-188-158 (18.) Consider Resolution_#3332 authorizing the Right -Of -Way Department to make an offer to Harold Phelan for a 9.02 acre ._tract -of land located in Section 42, Block A-K. RESOLUTION #3332 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acgluisition of additional land for municipal public uses and purposes, to -wit: for public park purposes, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: March 22, 1990 Page 187 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT fee simple title to the following described tract of land located in Lubbock County, Texas be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: EIEGINTIING at 3/4" iron pipe, found for the Northwest and beginning corner of this tract, whence the Northeast corner of Section 42, Block A-K bears North, a distance of 594.50 feet and East, a distance of 18�90.00 feet; THENCE East, a distance of 1000.00 feet to a 1/2" iron rod, set in 'the West line of Urbana Place, for the Northeast corner of this 'tract; THENCE South along the West line of Urbana Place, a distance of 9.00 Feet to a 1/2" iron rod, set for a corner of this tract; 'THENCE West, a distance of 30.00 feet to a 1/2" iron rod, set for a corner of this tract; THENCE South, a distance of 30.00 feet to a 1/2" iron rod, set for a corner of this tract; 'THENCE East, a distance of 30.00 feet to a 1/2" iron rod, set in the West line of Urbana Place, for a corner of this tract; THENCE South along the West line of Urbana Place, a distance of 30.00 Feet to a 1/2" iron rod, set for a corner of this tract; 'THENCE West, a distance of 150.00 feet to a 1/2" iron rod, set for a corner of this tract; THENCE South, a distance of 450.50 feet to a 1/2" iron rod, set for a corner of this tract; THENCE East, a distance of 150.00 feet to a 1/2" iron rod, set in the West line of Urbana Place, for a corner of this tract; THENCE South along the West line of Urbana Place, a distance of 25.00 feet to a 1/2" iron rod, set for the Southeast corner of this tract; "THENCE West along the North line of 22nd Street, a distance of 600.00 feet to a 3/4" square tube, found for a corner of this tract; THENCE North, a distance of 208.00 feet to a 3/4" square tube, found for a corner of this tract; ,THENCE West, a distance of 400.00 feet to a 3/4" square tube, found for a corner of this tract; THENCE North, a distance of 336.50 feet to the POINT OF BEGINNING. SECTION 2. THAT the owner of said tract, being Harold Phelan, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $27,060, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. March 22, 1990 Page 1.88 Passed by the City Council this 22nd day of March, 1990. s B. C. McMinn B. C. McMINN, MAYOR ATTEST: Is/ Ranette Boyd_ Ranette Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: s Ed Bucy s Harold Willard Ed Bucy, Right -of -Way Agent Harold Willard, Assistant City Attorney This tract of land is located at 22nd Street, just west of Urbana Place in the Carlisle area of West Lubbock. It encompasses 9.02 acres and is being recommended for acquisition for a park by use of Community Development funds. Last summer, research into park sites and probable acquisition costs was begun in the Carlisle area and two initial sites were chosen. Site 1 at 19th and Urbana Place contains 2.5 acres and the property would have to be condemned at an estimated condemnation cost of $45,450 because the title is not clear and the asking price for the property is $100,000. Site 2 at 24th Street between Urbana Place and Urbana Avenue also had problems with titles and cost. This site contains 6 unofficially platted lots, with 4 owners, 3 of whom had title problems and absentee ownership. Estimated acquisition cost for these properties was $35,000. On September 18, 1989, a meeting was held with staff from the Parks Department, Community Development Department, Assistant City Manager Rita Harmon, Councilmembers Maggie Trejo and Gary Phillips and Right -Of -Way Agent Ed Bucy to discuss this park acquisition project. At this meeting, it was suggested that Staff pursue negotiations with Harold Phelan for his 9 acre site. Staff called Mr. Phelan, who was willing to sell at $3,000 per acre. He had earlier quoted that price to Mr. Weber on his south side, who was interested in buying additional land. Mr. Phelan bought this land in April 1985 at a trustee's sale for $25,000 or $2,118 per acre plus legal fees, and a recent M.R.I. appraiser valued this 9.02 acre tract of land at $11,000. The Appraisal District carries this property on the tax rolls at $22,893. Staff made this offer to Mr. Phelan, who is an attorney and practices law in Levelland. He refused the offer and countered back with his original sale price of $3,000 per acre since that was the amount per acre he had tied up in it. He also stated that the 2-acre tract to the north of his property was listed with a realtor for $60,000 or $3,000 per acre. Staff's recommended offer to Mr. Phelan is $3,000 per acre, or $27,060 which is less than the amount wanted for Site 1 and Site 2. No condemnation will be necessary, and the tract is larger than the other sites. Staff recommended approval. March 22, 1990 Page 189 90-49A-189-•159 (19.) Motion was made by Mayor Pro Tem Baker, seconded by Councilwoman Trejo, to authorize Resolution #3332 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. RESOLUTION #3333 WHEREAS, the City ❑f Council of the City of Lubbock finds that an easement title to land hereinafter described is needed by said City for municipal purposes and public purposes: a permanent easement over, upon, under, along, and across said land for the construction, reconstruction, operation, and maintenance of a sanitary sewer line as an integral part of the sewage system of the City of Lubbock, and ingress, regress and egress in and to said land for such purposes; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Right -of -Way Department of the City of Lubbock is hereby authorized and directed to make an offer on behalf of the City ❑f Lubbock in the amount of $15,000.00 to C. E. Holeman, W. A. Holeman a/k/a W. Alfred Holeman, and Clellie C. Holeman, as owners, for the purchase by the City of Lubbock of a permanent easement title to be used for municipal purposes and public purposes as set forth in the preamble hereof and described as follows: A Permanent Sanitary Sewer Line easement more particularly described as follows: Permanent easement thirty feet in width, being fifteen feet on each side of and parallel to the following described center 'line: 13EGININING at a point being 85.60 feet east of the Southwest corner of the Southeast 1/4 of Section 2, Block "B", Lubbock County, Texas; THENCE North 33*10' East, 293.60 feet to a point; 'THENCE North 86°25' East, 400.00 feet to a point; THENCE South 56°55' East, 137.55 feet to a point; THENCE South 45*05' East, 277.73 feet to a point in the South section line of Section 2, Block "B". Said point bears East 956.76 feet from the Southwest corner of the Southeast 1/4 of Section 2, Block "B", Lubbock County, Texas. SECTION 2. THAT if said offer is not accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the permanent easement title to said land as hereinabove described for said municipal purposes and public purposes. March 22, 1990 Page 190 Passed by the City Council this 22nd day of March, 1990. ATTEST: ZsZ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Ed B_ucy Ed Bucy, Right -of -Way Agent /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: jsj J. Worth Fullingim_ J. Worth Fullingim, Assistant City Attorney This Sewer Line Easement is located west of the intersection of East Loop 289 and East 34th Street and is approximately 1,109' long, covering .76369 acres. Originally, the City of Lubbock's 36" sewer line running from the Water Treatment Plant to the Gray Farm ran across City -owned property and underneath an older effluent water storage pond. However, last summer, this line burst, flooding the pond with treated sewer water. Declared an emergency situation because of the time factor involved, a new line was laid to bypass the ruptured line and spliced at 2 points outside of the holding pond. In order to get on a firm surface, the new line was laid on the Holemans' property around the north side of a small runoff pond, north of the City property, and installation was done without an Easement. The only alternative would have been to drain the City holding pond, which would have taken days. Since that time, Staff has been working to obtain an Easement. In exchange for this Easement, they have decided that payment to them which would cover the costs of drilling and installing a water well near this Easement area would satisfy them. Before the City obtained its new Effluent Water License from the State of Texas, the Holemans were able to use the water from the City's holding pond for irrigation purposes. This runoff pond on the south edge of their property was connected via an underground pipe to allow the flow of water back and forth. With the issuance of the new License from the State, which restricted the use of effluent water by others, this pipe was removed. Therefore, for the last 2 years, the Holemans have not been able to irrigate as they have in the past. By installing this new well on their property, their irrigation capabilities will be back to normal. In January, the Holemans' attorney, Gordon Treadaway, submitted a list of proposed charges for water well drilling, irrigation costs, and electrical hookups totalling $17,972. Staff has been able to reduce this figure by $2,972, for an offering price to them of $15,000. Also included in this is payment for crop damages caused when the sewer line was installed. Staff recommended approval. Motion was made by Councilman Patterson, seconded by Councilman Carpenter, to authorize Resolution #3333 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. March 22, 1990 Page 191 90-49A-191-16O (20.) 90-49A--191-151 (21.) The Council requested at the March 8, 1990 work session that $34,000 in Community Development Contingency Funds be allocated for paving the 4000 block of East Bates. The Community Development Advisory Committee reviewed the request to pave East Bates during the annual allocation process and rated the project as medium priority without funding due to the high cost per unit assisted and the amount of funding previously expended for paving in the area. The cost of paving the 4000 block of East Bates is $34,000 with a per unit cost ❑f $4,857. Since 1985, $337,551 in CDBG funds has been expended on paving in the Chapel Hill area. A joint City -County effort provided strip -paving along Dlive Avenue. The City's share of the project was $96,779. In February 1988, 2 streets (East Auburn from the Loop to Mulberry and Mulberry from the Loop to East Auburn) were seal coated by the Streets Department at a cost of $2,100. The proposed allocation will decrease the contingency fund balance to $62,966.36. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo, to allocate a portion of Community Development Contingency Funds for paving the 4000 block of East Bates. Motion carried: 6 Yeas; 1 Nay -- Councilman Phillips. Consider Resolution #3334 creating a Keep Lubbock Beautiful Advisory Committee. RESOLUTION #3334 WHEREAS, the City Council of the City of Lubbock desires to support the philosophy and concept of Keep Lubbock Beautiful, Inc., and desires to have expert recommendation upon beautification within the City of Lubbock; and WHEREAS, the City Council believes that such advice may be secured by the creation of a Keep Lubbock Beautiful Committee as an advisory body to the City Council; and WHEREAS, the City Council believes the creation ❑f said Committee will be in the best interest of the citizens of the City of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT there be and is hereby created an advisory committee to be called the Keep Lubbock Beautiful Advisory Committee, which Committee shall serve as an advisory body to the City Council upon matters concerning the beautification of the City. SECTION 2. THAT such Committee shall be composed of fifteen (15) members, appointed by the City Council. Of the initial members appointed, eight (8) shall serve two (2) year terms and seven (7) shall serve one (1) year terms. Thereafter, all appointments shall be for two (2) year terms. The membership shall be composed of the following representation, if possible: March 22, 1990 Page 192 One (1) member shall be knowledgeable in recycling and recycling processes; Three (3) members shall be knowledgeable of solid waste issues and waste removal techniques; Five (5) members shall be knowledgeable of landscape architecture, horticulture, or a related field; Three (3) members shall be representatives of the education community including Lubbock Independent School District and Texas Tech University; and Three (3) members shall be appointed at large from within the corporate limits of the City of Lubbock. SECTION 3. THAT the Committee shall have the following duties: 1) beautification of entrance corridors into the City; 2) work cooperatively with the State Highway Department on beautification projects pertaining to state and federal highways; 3) encourage citizens to participate in recycling projects; 4) work with downtown businesses to promote beautification in the downtown business district; 5) work cooperatively with other agencies and organizations to reduce waste and litter in the community; 6) encourage and participate in community -wide beautification projects; 7) provide education of litter abatement, recycling, and beautification through schools and community organizations; 8) pursue all available funding sources, i.e., memberships, donations, and grants. SECTION 4. THAT the City Council shall, by resolution, designate such officers of the City as it deems advisable to be ex-officio members of the Committee, without voting privileges and who shall act in an advisory capacity; provided, however, that the Park and Recreation director and a person designated by the City Manager shall be included as ex-officio members. SECTION 5. THAT the Committee shall appoint one of its members as chairperson and one of its members as vice chairperson. It shall be the duty of the chairperson to preside at all meetings of the Committee at which hie or she is present and the vice chairperson shall preside in the absence of the chairperson. The Park and Recreation director shall be the secretary of the Committee and shall keep permanent records of all proceedlings of the Committee, which records shall be delivered to the City Secretary for retention purposes. SECTION 6. THAT the Committee shall meet as needed to consider recommendations to the City Council pertaining to matters of beautification within the City. SECTION 7. THAT any and all recommendations made by the Committee to the City Council shall be made by the concurring vote of at least eight (8) members of the Committee. A majority of the total membership of the Committee shall constitute a quorum for the transaction of all matters to be considered by the Committee. The Committee is authorized to establish subcommiittees for specific functions with a chairperson for each subcommiittee. The subcommittee chairpersons shall constitute the executive committee of the Committee to transact all routine and emergency business. March 22, 1990 Page 193 SECTION 8. THAT upon the death, resignation, removal or expiration of the term of office of any member of the Committee, the City Council shall appoint a successor to the Committee, who shall hold membership on the Committee for the unexpired term of the member he or she is appointed to succeed, or for the period of two (2) years when the appointment is made due to expiration of a member's term. In the event the best interests of the City require the removal of a member of the Committee, removal of such member shall be accomplished by appointment of a successor by the City Council. SECTION 9. THAT the officers of the Committee shall be composed of a president, vice-president, secretary and treasurer, each of whom shall be elected by majority vote of the committee members. Their duties shall be in accordance with the by-laws of Keep Lubbock Beautiful, Inc. Passed by the City Council this 22nd day of March, 1990. ATTEST:: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Rita Harmon Rita Harmon, Assistant City Manager IsZ B. C. McMinn B. C. MCMINN, MAYOR APPROVED AS TO FORM: Is1 Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Realizing the need for Keep Lubbock Beautiful, Inc. to continue in a vital role within the community, members of the KLB, the Parks and Recreation staff and Legal Department worked together on a proposal to establish an Advisory Committee to the Parks and Recreation Board which will be known as the Keep Lubbock Beautiful Advisory Committee. This proposal was presented to City Council at its work session on February 8, 1990. at which time Council consensus was to have staff prepare a resolution establishing the Keep Lubbock Beautiful Advisory Committee. The proposed resolution establishes a 15-member Advisory Committee to be appointed by the Council and sets out duties for the Committee, such as beautification of entrance corridors into the City, encouraging citizens to participate in recycling projects, and pursuing all available funding sources, i.e., memberships, donations and grants. It is intent of the City Staff that this Keep Lubbock Beautiful Advisory Committee represent all facets of interests in beautification, recycling and education thereof within the City of Lubbock. The City of Lubbock has had a service agreement with Keep Lubbock Beautiful for the past eighteen months in the amount of $15,000 per year. Although KLB has been successful in obtaining in -kind contributions, they have not been able to raise sufficient funds to pay a part-time coordinator and maintain the expenses of a separate office. The office of KLB will be relocated to the Parks and Recreation Office and funds currently allocated to KLB will be transferred to the Parks and Recreation Department to hire a part-time coordinator who will be under the supervision of the Parks and Recreation Director. The part-time coordinator will provide the staff support to the Committee and coordinate their activities. March 22, 1990 Page 194 90-49A-194-162 (22.) Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker, to authorize Resolution #3334 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. for an antenna site. RESOLUTION #3335 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 Land Use License by and between the City of Lubbock (as Licensor) and Motorola Communications & Electronics, Inc. (as Licensee) for a Radio Tower use in a 3.865 acre tract of land out of Section 4, Block "S", Lubbock County, Texas, as described in said Land Use License, 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 22nd day of March, 1990. ATTEST: /s/ tanette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: }an A. Hawkins Dan A. Hawkins, Director of Water Utilities LAND USE LICENSE THE STATE OF TEXAS COUNTY OF LUBBOCK Isj B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Zsl J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney THIS License Agreement is entered into this 22nd day of March, 1990, by the CITY of Lubbock, a Texas Home Rule Municipality located in Lubbock County, Texas, acting by and through its Mayor hereunto duly authorized, hereinafter called "CITY", and Motorola Communications and Electronics, Inc.,, a corporation acting through its undersigned officer hereunto authorized to so act in its behalf, hereinafter called "LICENSEE", to accomplish the matters hereinafter set forth in consideration of the mutual covenants and agreements to be kept and performed by the parties hereto do hereby contract and agree as follows: I. CITY, in consideration of the sum of an annual amount of $1,200.00 paid by LICENSEE to CITY in advance in Lubbock, Texas, the first annual Payment being made on April 1, 1990, and succeeding annual payments of $1,200.00 each to be made on the first day of April of each subsequent year during the life of this license, does hereby grant to LICENSEE the right to construct and maintain a radio tower, guy wires and necessary appurtenances thereto, a small building to service said radio tower and its appurtenances, and such fencing as is hereinafter set forth as required and permitted, in and upon the following described tract of land owned by the CITY and described as follows: March 22, 1990 Page 195 3.865 acre tract of land out of Section 4, Block "S", Lubbock County, Texas, being more particularly described by metes and bounds as follows: BEGINNING at a point which bears S 89017' W 1756.20 feet and North 242.50 feet from the Northeast corner of Section 4, Block "S", Lubbock County, Texas; THENCE South 30*43' East a distance of 623.54 feet to a point; THENCE South 89*17' West a distance of 623.54 feet to a point; THENCE North 29016' East a distance of 623.54 feet to the POINT OF BEGINNING. II. This License shall be for a primary term of ten (10) years, beginning April l., 1919O, and ending March 31, 2000. LICENSEE shall have the option to renew this license for an additional term of ten (10) years by giving the CITY written notice at least sixty (6O) days before the expiration of said primary term by certified or registered United States Mail of LICENSEE'S intention to so renew this license addressed to the City Manager, City of Lubbock, P. 0. Box 2000, Lubbock, Texas 79457, or to the last known address for said City Manager. The land hereinabove described must be kept available by the CITY for public use, and if the CITY determines there is a subsequent need for said land for public usage, the CITY retains the right to cancel this license at any time during the primary term or subsequent term of this license by giving LICENSEE thirty (30) days written notice of cancellation by certified or registered mail, executed by the City's Mayor and addressed to LICENSEE at P. 0. Box 819049, Dallas, Texas 75381, or the last known address of LICENSEE. LICENSEE shall make all necessary soil and ground investigations as shall :satisfy LICENSEE of the suitability of the site for the construction of its facilities and the maintenance thereof in a safe and proper manner for the safety and welfare of LICENSEE, its employees, CITY, its employees or representatives, and members of the general public as well. If LICENSEE determines that the land hereinabove described is not suitable for construction or maintenance of its facilities as a result of any such tests it has made or had made for its account, LICENSEE retains the right to cancel this, license at any time during the first year of the life of this license by giving written notice of such cancellation and describing the tests made and the results thereof as determined by LICENSEE, such written notice shall be by certified or registered mail addressed to City Manager, City of Lubbock, P. 0. Box 2000, Lubbock, Texas 79457, or the last known address; for, said City Manager. LICENSEE shall be entitled to a pro-rata refund on its first annual payment of $1,200.00 for the balance of the first year of this License if this license is cancelled by LICENSEE during the first year of the life of this license for the reason hereinabove stated,. IV. LICENSEE, at its own expense, shall erect a chain link fence six feet high around the radio tower service building, the radio tower, and the anchor base of each and all of the guy wires to the radio tower. V. Said radio tower is to be constructed at the expense of LICENSEE, and shall be constructed, operated, and maintained in accordance with height, warning systems, and all applicable regulations with respect to said tower as promulgated and enforced by the Federal Communications Commission and the Federal Aviation Administration of the United States Government. March 22, 1990 Page 1gr VI. LICENSEE after construction, shall, at its cost, restore the surface of the premises to its original condition. LICENSEE shall be responsible for the maintenance of the radio tower improvements and all other improvements including, but not limited to, all buildings, fences, guys, anchors, and other similar improvements and surrounding grounds included within the tract of land hereinabove described in suitable condition for public purposes, including park purposes and in keeping with surrounding land. LICENSEE shall maintain the premises and grounds in an attractive and orderly manner, free of trash, rubbish, debris, and free of any matter which -is unisightly or unsanitary. VII. LICENSEE agrees that at all times it will indemnify and save harmless the CITY against all claims, demands, actions or causes of action, arising or growing out of any damage to property or injury to or death of persons which may be due in any manner to the construction, use, maintenance, state of repair or presence of the radio tower and appurtenances thereto and to pay the CITY the full amount of any loss or damage which it may sustain, incur or become liable for on account thereof. VIII. This License is given by the CITY and accepted by LICENSEE upon the express condition that the same is, and at all times shall be cancelled upon thirty, (30) days written notice as provided in Section II above at the will of the CITY; and whenever requested so to do by the CITY, LICENSEE agrees at LICENSEE's expense to remove said radio tower and appurtenances and fencing from the property of the CITY and restore said property to the same condition in which it was prior to the placing of said radio tower and appurtenances thereon. In case LICENSEE shall fail to restore the CITY's premises as aforesaid within sixty (60) days, CITY may proceed with such work at the expense of LICENSEE. No termination hereof shall release LICENSEE from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or such later date when the improvements placed on the licensed premises by LICENSEE are removed and said premises are restored to, its original condition as hereinabove required Ix. LICENSEE shall permit the CITY to use a portion of LICENSEE's radio tower without charge to the CITY in those instances where the radio frequency used by the CITY is compatible with LICENSEE's use of the radio tower. x. LICENSEE, by the acceptance of the license herein, understands and agrees that no interest, title or rights of possession are intended or implies[ except those expressly set forth herein, and LICENSEE waives any and all claims in and to the property it is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this License. March 22, 1990 Page 197 IN WITNESS WHEREOF, the parties hereto have executed this instrument, in duplicate, the day and year first above written. ATTEST: s Rariette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Dari A. Hawkins Dan A. Hawkins, Director of Water Utilities APPROVED AS TO FORM: s J. :North Fullin im J. Worth Fullingim, Assistant City Attorney CITY OF LUBBOCK BY: s B. C. McMinn B. C. McMINN, MAYOR MOTOROLA COMMUNICATIONS & ELECTRONICS, INC. BY:Is/ Wayne Foret WAYNE FORET Area Vice President Jim Bertram, Assistant City Manager for Development Services, stated that this item is related to Zone Case No. 2544 and is a request of the City of Lubbock (for Motorola) for a zoning change from M-2 to M-2 Specific Use for a 480' guyed antenna on a tract of land just east of Southeast Drive at approximately East 56th Street. According to Mr. Bertram, last October 24, the City Council approved a request of Motorola Communications and Electronics, Inc. to enter into a Land Use Agreement with the City of Lubbock for an antenna site located just inside East Loop 289, approximately one mile north of East 50th Street. However, it was subsequently determined that this site could not be used since the land was once part of a landfill operation. Following this determination, Motorola worked with the Water Utilities staff to select a suitable alternate location and the site now recommended is located just outside East Loop 289 at approximately East 66th Street. The provisions of the Land Use License now proposed for Council consideration are essentially the same as those included in the Agreement approved by the City Council last October. The term of the Agreement would be 10 years, beginning April 1, 1990, and would be renewable for an additional 10-year period. The City of Lubbock would reserve the right to cancel the Agreement by giving a 30 day notice. The Land Use License calls for an annual payment of $1,200 to the City of Lubbock, beginning April 1, 1990. Motorola would be responsible for keeping the grounds free of weeds and debris and Motorola would permit the City of Lubbock to use the antenna without charge in instances where the radio frequencies used by the City would be compatible with those used by Motorola. March 22, 1990 Page 198 The Planning and Zoning Commission has recommended that M-2 Specific Use zoning for this site he approved by the City Council. Approval of the construction of this antenna has also been obtained from the Federal Aviation Administration. Staff recommended approval of this agreement. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to authorize Resolution #3335, subject to approval of Zone Case #2644. Motion carried: 7 Yeas; 0 Nays. 90-49A-•198-1.63 (23.) Consider Ordinance #9345 amending Chapter 28 of the Code of Ordinances of the City of Lubbock regarding water and sewer services. ORDINANCE #9345 AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY 017 LUBBOCK, TEXAS, BY AMENDING SECTION 28-164 WITH REGARD TO TIME PAYMENT OF WATER AND SEWER PRO RATA CHARGES; BY ADDING A NEW SECTION 28-167 PERTAINING TO FIXING OF LIENS AGAINST PROPERTY FOR ALL COSTS WHEN SEWER CONNECTION IS REQUIRED BUT HAS NOT BEEN ACCOMPLISHED; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. This proposed amended Ordinance is a follow-up to Council discussion to provide further assistance to low income residential property owners throughout the City to he connected to water and sewer services. The amendments also provide a mechanism to place liens on properties where the property owners refuse to pay their sewer costs when the sewer is tied on to the City system for purposes of public health reasons. This proposed amendment to the Ordinance speaks to 2 issues. 1. Section 28-164 with regard to time payment of water and sewer pro-rata charges will have a new paragraph which will allow an owner/occupant of a single-family dwelling to have available to them a new time payment program. When the owner/occupant meets certain criteria, as detailed in the new paragraph, they can pay 5% down and have 60 months to pay the remainder. The existing time payment program will still remain for use by others that do not meet the owner/occupied and income limits as set forth in the new paragraph. 2. Section 28-167 is a new section that will add provisions for a follow-up to the notification ❑f landowners that a connection to the City sewer system is required (Section 28-73) and the owner of such property fails to do so within the time provided. Section 28-167 will allow the Director of Water Utilities to have the connection made in the interest of public health and require a lien for all expenses of such connection, including the sewer pro -rats charge, to be fixed against such property. Staff advised that the proposed amendment will he manageable for Staff and will he a helpful program for those that need it. Staff recommended this item. March 22, 1990 Page 199, Motion was made by Councilman Carpenter, seconded by Councilwoman Trejo, to authorize Ordinance #9345 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A-199-164 (24.) Consider Resolution #3336 authorizing the Mayor t❑ sign contract with Maxim Engineering for air monitoring. RESOLUTION #3336 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 Professional Services Agreement between the City of Lubbock and Maxim Engineers, Inc. for professional services relating to air monitoring of asbestos abatement work, 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 oaf this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of March, 1990. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: /s/ Jay Wadsworth /s/ Donald O. Vandiver Jay Wadsworth, Production Donald G. Vandiver, First Superintendent Assistant City Attorney PROFESSIONAL SERVICES AGREEMENT This Agreement is made this the 22nd day of March, 1990. BETWEEN The City of Lubbock, Texas, the Owner, and Maxim Engineers, Inc., the Engineer. A. SCOPE OF THE WORK Abatement Project Inspection/Air Monitoring - Services to include 'Inspecting of the work performed by the abatement contractor. 1. Provide full-time, on -site Industrial Hygiene and laboratory services for inspection of contractor's work for compliance with specifications and regulations and to conduct Phase Contrast Microscopy (PCM) air monitoring during the abatement work. Personnel performing service will have requisite on - project experience and have completed training courses: NIOSH 582 - "Sampling and Evaluating Airborne Asbestos Dusts" and "Supervision of Asbestos Abatement Projects" at EPA sponsored training centers. 2. Hourly service rate includes collection and analysis of up to twenty (20) PCM air samples per 8-hour shift. General sampling scheme to include personal, inside work area, outside work area/inside building, decon entry, HEPA exhaust, and outside building air samples. Additional sampling will be conducted as required to provide a comprehensive air monitoring program. March 22, 1990 Page 200 3. Provide final clearance air testing by Phase Contrast Microscopy (PCM, on -site analysis) or Transmission Electron Microscopy (TEM, analysis in Maxim's Dallas laboratory) dependent upon project requirements and Owner's direction. 4. Review and approve contractor compliances including abatement licenses, worker registrations and qualifications; obtain acknowledgments and releases from contractor personnel on "owner's behalf. 5. Inspect abatement work continuously for compliance with contract documents, regulations, and recommended practices to include key inspections as follow: -- Inspection of Work Area and Containments Prior to Start of Removal: Removal operations will not be permitted to proceed until the Industrial Hygienist has completed inspection of the Work Area preparations and until all discrepancies noted have been corrected. -- Inspection During Removal_: Removal Work will not be permitted to proceed unless the Industrial Hygienist is on the Project site. Inspection of the Work Area and Work practices will be conducted continuously; upon discovery and report of a discrepancy the CONTRACTOR will be required to immediately stop Work and correct the discrepancy. A visual inspections of the Work site and/or Containment areas and removal surfaces will be conducted at this point by the Industrial Hygienist and lockdown encapsulation will not be permitted to proceed until discrepancies noted have been corrected. -- Final Clearance: After final clean-up of the Work Area, but prior to removal of Critical Barriers, the Industrial Hygienist will conduct a visual inspection followed by final air tests. Final air sampling for full containment areas will be conducted in accordance with project specifications, applicable regulations and guidelines. 6. Provide typed daily general report of work progress, discrepancies with corrective actions, and air monitoring data (mailed within three (3) days of the inspection date). :F. Provide final report to include copies of inspection reports, air monitoring data, and worker certifications and medicals. B. COMPENSATION AND PAYMENT The Owner agrees to pay the Engineer as compensation for the basic services lump sum of $34,750.00. 1. Payments for basic services may be made monthly in proportion to the service actually performed. C. ADDITIONAL SERVICES Services not included under the Basic Service article of this Agreement but requested by the City of Lubbock shall be considered Additional Services. Such Additional Services and related expenses shall be as mutually agreed upon in the Schedule of Fees attached hereto. Compensation for Additional Services shall be as follows: March 22, 1990 Page 201, IM 1. Direct Personnel Expense Reimbursement for direct personnel expense of those principals, associates and employees of the firm who are assigned to and are productively engaged on the project providing such services as research, designing, preparing drawings and writing specifications. Direct personnel expense shall be based on the Schedule of Fees attached hereto. Reimbursement Expenses Engineer shall be reimbursed for his direct cost of such expenses as reproduction, postage, travel and communications directly related to such agreed additional services. The cost of preparing change orders due to the Engineer's error or omission shall be the responsibility of the Engineer. ARBITRATION All questions of dispute under this Agreement shall be submitted to arbitration at the request of either party to the dispute. The parties may agree upon one arbitrator, otherwise, there shall be three; one named in writing by each party and the third chosen by the two arbiters selected; or if the arbiters fail to select a third within ten (10) days, he shall be chosen by the District Judge, 72nd District of Texas. Each arbiter shall be resident of the City of Lubbock. Should either party fail to choose an arbiter within ten (10) days, the Owner's Representative shall appoint such arbiter. :Should either party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the arbiters are empowered by both parties to take Ex Parte Proceedings. The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract, unless either or both parties shall appeal within ten (10) days from date of the award by the arbiters, and it 'is hereby agreed that each party shall have the right of appeal and all proceedings shall be according to and governed by Arbitration Statuites of Texas. The decision of the arbiters upon any question :submitted to arbitration under this contract shall be condition precedent to any right of legal action. The arbiters are authorized to award the party whose contention is sustained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The arbiters shall fix their own compensation, unless otherwise provided by agreement, and may assess the costs and charges of the arbitration upon either or both parties. The award of the arbiters must be made in writing and shall not be open to objection on account of the form of proceedings or award. E. SPECIAL PROVISIONS Special provisions applicable to this Agreement, if any, are as follows: See Attached Special Conditions. March 22, 1990 Page 202 THIS AGREEMENT executed the day and year first written above. OWNER CITY OFF LUBBOCK Is/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: 1 s/ Rane to Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is/ -Jay Wadsworth ?ay Wadsworth, Production Superintendent APPROVED AS TO FORM: 11s/ Donald G. Vandiver �ionald G. Vandiver, First Assistant City Attorney ENGINEER MAXIM ENGINEERS, INC. BY: /s/ Leonard T. Kern LEONARD T. KERN MANAGER ASBESTOS SERVICES SPECIAL PROVISIONS 1. Services to be Provided. Maxim, as an independent consultant, agrees to provide Client for its sole benefit and exclusive use consulting services set forth in our Proposal. 2. Definitions. When used herein, the terms "Maxim", "we", "us or "our" refer the Maxim Engineers, Inc. and the terms "you", "your", "he", "his", "it", and "its" refer to Client. 3. Right of Entry and Right to Proceed. Client grants a right of entry from time to time to Consultant, its agents, staff, consultants, and contractors or subcontractors, for the purpose of performing and with the right to perform all acts, studies, and research including without limitation the making of tests and evaluations, pursuant to the agreed services. Client represents that he possesses all necessary permits and licenses required for the continuation of its activities at the site. 4. Billing and Payment. Client agrees to pay invoice upon receipt. Should payment not be received within 30 days, the amount due shall bear a service charge of 1-1/2 percent per month or 18 percent per year and the cost of collection, including reasonable attorney's fees, if collected by law or through an attorney. If 1-1/2 percent per month exceeds the maximum allowed by law, the charge will automatically be reduced to the maximum legally allowed. If Client has any objections to any invoice or part thereof submitted by Consultant, he shall so advise us in writing giving his reasons within 14 days of receipt of such invoice. Client agrees it will not exercise any right of set-off it has under this Agreement, any continuing agreement with Consultant, or any right of set-off provided by law. No deduction shall be made from Consultant's invoice on account of penalty, liquidated damaged, or other sums withheld from payments to contractors or others. Payment of the invoice shall constitute final approval as to all aspects of the work performed to date as well as the necessity thereof. If the project is terminated in whole or in part then we shall be paid for services performed prior to our receiving or issuing written notice of such termination, in March 22, 1990 Page 203 addition to our reimbursable expenses and any shut down costs incurred. Shut down costs may, at our sole discretion, include completion of analysis and records necessary to document our files and protect our professional reputation. 5. Damage At Site. Client understands that our services covered by our proposal may require collection of material samples for laboratory analysis and testing. Client agrees and understands that such testing will cause minor superficial damage at the site and agrees that he will be responsible for affecting all repairs. Maxim may, at its option, affect temporary field repairs of sampling site. Client also understands that any investigation or survey does not include demolition for access to presently inaccessible spaces and areas and therefore that not all facility areas can or will be inspected. Maxim therefore cannot provide assurances that all asbestos - containing materials have been located during a survey. fi. Standard of Care and Warranty. Professional services provided by us will be performed, findings obtained, and recommendations prepared in accordance with generally accepted engineering principles and practices. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED. 7. Liability. Consultant maintains workers' compensation and employer's liability insurance for our employees as required by state laws. In addition, we maintain comprehensive general liability, professional liability, and auto liability insurance with limits of $1,000,000. A Certificate of Insurance can be supplied evidencing such coverage. We will not be liable or responsible for any loss, damage, or liability beyond the amounts, limits, coverage, or conditions of such insurance specified above. Within the limits and conditions of such insurance, Maxim agrees to indemnify and save Client harmless from and against any loss, damage, or liability arising from any negligent acts by Maxim, its agents, staff and consultants employed by it. Maxim shall not be responsible and Client shall indemnify Maxim for any loss, damage or liability arising from any negligent acts by Client, its agents, staff, and other consultants employed by it. 8. Unforeseen Occurrences. If, during the performance of services, any unforeseen hazardous substances or constituents or other unforeseen conditions or occurrences are encountered which, in our sole judgment significantly affect or may affect the services, the risk involved in providing the services, or the recommended scope of services, we will promptly notify Client thereof. Subsequent to that notification, Consultant may: a. If practicable, in our sole judgment, complete the original Scope of Services in accordance with the procedures originally intended in the Proposal; b. Agree with Client to modify the Scope of Services and the estimate of charges to include study of the previously unforeseen conditions or occurrences, such revision to be in writing and signed by the parties and incorporated herein; or; C. Terminate the services effective on the date specified by us in writing. 91. Documents. Client will furnish or cause to be furnished such reports, data, studies, plans, specifications, documents and other information deemed necessary by us for proper performance of our services. We may rely upon Client -provided documents in performing the services required under this Agreement; however, we assume no responsibility or liability for their accuracy. Client -provided documents will remain property of Client. All documents, including but not limited to, drawings, March 22, 1990 Page 204 specifications, reports, boring logs, field notes, laboratory test data, calculations and estimates, prepared by us as instruments of service pursuant to this Agreement, shall be our sole property. Client agrees that all documents of any nature furnished to Client or Client's agents or designees, if not paid for, will be returned upon demand and will not be used by Client for any purpose whatsoever. Client further agrees that under no circumstances shall any documents produced by us pursuant to this Agreement be used at any location or for any project not expressly provided for in this Agreement without our prior written permission. If Client uses all or any portion of our work on another project without our permission, Client shall to the maximum extent permitted by law save us harmless from any and all claims arising from such unauthorized reuse. Further, no part of any document we deliver to Client shall be reproduced or distributed, whether for advertising or distribution shall be at Client's sole risk and without liability or legal exposure to Consultant. 110. Field Representative. The presence of our field personnel either full or part-time will be for the purpose of providing observation and field testing of specific aspects of the project. Should a contractor be involved in the project, our work does not include supervision or direction of the actual work of the contractor, his employees or agents. The contractor will be so advised by the Client. The contractor will also be informed by the Client that the presence of our field representative nor the observation and testing by us shall excuse contractor in any way for defects discovered in contractor's work. It is agreed that we will not be responsible for job or site safety on the project and that we do not have the right to stop the work of the contractor unless such right is extended to us by the Client. II. Severability. In the event that any provision herein shall be deemed invalid or unenforceable, the other provisions hereof shall remain in full force and effect, and binding upon the parties hereto. 1.2. Survival. All obligations arising prior to the termination of the Agreement and all provisions of this Agreement allocating responsibility or liability between Client and Consultant shall survive the completion of the services and the termination of this Agreement. 13. Integration. This Agreement and the documents attached hereto and which are incorporated herein constitute the entire Agreement between the parties and cannot be changed except by a written instrument signed by both the parties. 14. Governing Law. This Agreement shall be governed in all respects by the laws of the State of Texas. ASBESTOS SCHEDULE OF FEES FOR The City of Lubbock I. Personnel Services: Industrial Hygiene Technician (building survey and bulk sample collection) ........... $ 45.00/hr. Industrial Hygiene Technician {on -site inspection and air monitoring during abatement, includes collection and on= site analysis of up to 20 PCM air filters per 8-hour shift)* ........................... $ 55.00/hr. Certified Industrial Hygienist ................. $ 90.00/hr. March 22, 1990 Page 20B Staff Professional ............................. $ 90.00/hr. ProjectManager ................................ $ 75.00/hr. Project Architect .............................. $ 75.00/hr. Environmental Scientist ........................ $ 50.00/hr. EPA Accredited Management Planner .............. $ 75.00/hr. EPA Accredited Inspector ....................... $ 55.00/hr. Environmental Engineer ......................... $ 50.00/hr. Industrial Hygienist ........................... $ 55.00/hr. Drafting ....................................... $ 23.00/hr. Secretarial .................................... $ 23.00/hr. - Long Distance & Mobile Communications .......... Cost - Reproduction expense, purchased services, etc . ............................... Cost * Additional samples in excess of 20 per 8-hour shift will be billed at the normal analytical rate for Phase Contrast Microscopy. These services are for projects in the Metropolitan Dallas, Fort Worth, Houston, and Austin/San Antonio areas. All hourly rates are portal to portal„ Projects outside of these areas will be additionally billed as follows: - Vehicle Mileage Charge ................. $0.40/mile -+ the hourly service rate - Per Diem (meals & lodging) ........... $75.00/day - Travel Expenses (airfare, auto rental, etc.) ........................ Cost II. 1lnalytical Services*: Laboratory standby time ........................ $125.00/hr. A. Optical Microscopy Polarized Light/Dispersion Staining Bulk Sample Analysis, PLM ............... $ 25.00 ea. Phase Contrast Michroscopy (NIOSH 7400), PCM .............................. $ 20.00 ea. Normal turnaround: 2 days after receipt. Same day or 24-hour turnaround: Add 100% surcharge. B. Scanning Electron Microscopy, SEM Normal turnaround: 2 working days. 24-hour turnaround: Add 100% surcharge. Scanning Electron/Energy Dispersive X-Ray Bulk or Dust Sample Analysis (polycarbonate filter) ............... $150.00/sample MCE filter analysis ...................... $125.00/filter Miscellaneous SEM Instrument time ........ $ioo.00/hour SEM Instrument time with operator ........ $150.00/hour Contact Lab Manager for Scheduling March 22, 1990 Page 2o6 C. Transmission Electron Microscopy, TEM Air Sample Analysis (AHERA final Clearance, Normal turnaround, 24-hour turnaround) .................. $170.00 Less than 24-hour turnaround ........... $500.00 Contact lab for rates on Prevalent Levels 13. Transmission Electron Microscopy Water Sample Analysis .................. $450.00 'k Contact for quotation for analyses not listed. Terms: Due on receipt of invoice. A finance charge of 1-1/2% per month will be added to past due accounts. Services are additionally subject to proposal and contract terms and conditions. Turnaround subject to availability. All electron microscopy provided in Maxim's in-house Dallas laboratory. At the last City Council work session, Council authorized Staff t❑ negotiate with Maxim Engineering to perform the air monitoring service for the Asbestos Abatement Project at LP&L Power Plant No. II. The negotiated contract amount was $34,750, a firm amount for air monitoring at Plant II. B & M Construction was contacted for coordination of work and this project should be complete by June I using a proposed work schedule of 6 ten-hour days per week for 10 weeks. Should B & M Construction go to 2 shifts or 1 days per week, Maxim will supply additional manpower as needed at no additional cost. Staff recommended approval of this contract. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson, to authorize Resolution #3336 as recommended by Staff. Motion carried: 1 Yeas; 0 Nays. 90-49A--206-165 (26.) Consider Resolution _#3337 adopting an _Econ_omic Development Plan. RESOLUTION #3337 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Lubbock Economic Development Plan attached herewith is hereby adopted as the official Economic Development Plan of the City of Lubbock, a copy of which has been filed in the office of the City Secretary, 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. March 22, 1990 Page 207 Passed by the City Council this 22nd day of March, 1990. s B. C. McMinn B. C. McMINN, MAYOR ATTEST: Is1 Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: s RDCI Ellis /s/ John C. Ross, Jr._ Rod Ellis, Business Liaison Officer John C. Ross, Jr., City Attorney Following the City Council work session on March 15, 1990 to discuss the Economic Development Plan with the Economic Development Service Providers, it was suggested that Council adopt the plan by Resolution. Staff suggested that Council consider making one change to the proposed Economic Development Plan that is to remove the last 2 columns in the plan to reflect only the priority of the item and then to place the 1990/91 Work Program and Responsibility in an action plan, or implementation plan, since it will be June ❑r July before these 2 columns will be ready for completion. By doing this, Staff felt that it would allow Council to have an economic development plan which would be more complete and then have an action or implementation plan that would follow-up for operations planning. It was consensus of Council to add a foot note to Page #13 of the Economic Development Plan to read: "* When feasible, the City Council desires to use the services of the Black Chamber of Entrepreneurs and COMA to provide small business resource programs to minority -owned businesses." The following Economic Development Plan was presented for adoption: March 22, 1990 PaT 208 LUBBOCK TEXAS Economic Development Plan March 22, 1990 Page 209 City Council Economic Development Philosophy "To the extent that Lubbock competes with other cities for economic development in a rapidly changingg global econ- omy, we must maintain an economic development plan which makes us more knowledgeable, more responsive, more creative and more flexible than our coTRetifors. We cannot and will not accept less than success . Lubbock City Council February S, 1990 March 22, 1990 Page 210 Lubbock Economic Development Plan March 22, 1990 Page 211 Lubbock Economic Development Vision "The vision of Lubbock's Economic Development Plan is to promote expanded, diversified jab opportunities which will assure a healthy tax base and an excellent quality of life for all citizens". Lubbock City Council February 8, 1990 March 22, 1990 Page 212 PREFACE As Lubbock competes with other cities for economic development and business prosperity in the rapidly changing global economy of the 1990's, civic and business leaders must work to- gether to promote our success and answer the challenges which lie ahead during this decade. This Five -Year Economic Development Plan must be embraced and implemented with a spirit of cooperation, teamwork and community pride if the specific action items are to achieve the stated goals. All Lubbock citizens must recognize the potential of our community, we must work together to promote our positive assets and support the changes necessary to bring about growth and prosperity in our community. The City Council's vision of this Economic Development Plan is to promote expanded, diversified job opportunities which will result in a healthy tax base and an excellent quality of life for all citizens. The plan elements must be reviewed annually by the Council to identify successes as well as setbacks and to re-evaluate the philosophy, vision and goals of this plan. Ongoing progress on the action items must be monitored closely and citizen input should be used to revise the plan when needed. The City's Economic Development Plan should be reviewed frequently to deter- mine the extent to which the assigned actions have achieved the related goals and the extent to which our "vision" has been accomplished. All economic development actions and expendi- tures must be measured against the specific goals in this plan. Each action should lead toward accomplishment of our goals. The activities of all economic development service providers must be mutually supportive. The Council must ensure through adequate monitoring and evaluation that the work of all economic development service providers is coordinated in order to accomplish the plan goals. Local economic development activities are changing rapidly and have evolved into a complex and sophisticated system involving many entities -- some well -established and some new to the scene. Rapid changes in the national and global economic environment threaten the economic well-being of many communities and often make local opportunities for growth difficult to identify. Competition for these opportunities has become intense as creation of new jobs and investment has become the number one priority for almost every community in America. To succeed in this environment, Lubbock must posture itself to maintain a flexible economic development plan and associated implementation strategy which will allow us to be more resourceful and responsive than our competitors. Effective implementation of this Economic Development Plan depends on the involvement and commitment of local public and private sector leaders. It is critical that strong community leaders serve its key players in our economic development programs and specifically in the implementation of this plan. Community leaders have access to the resources we need and can involve and motivate others in our community who will help promote our success. In summary, economic development for our community is a top priority which must be viewed as a proactive process between government and the private sector. To fully use all of Lubbock's many resources and assets, a true public/private partnership must be established which will allow us to quickly recognize positive growth opportunities and to pull together the resources needed to effectively compete for these opportunities. When a city develops a true entrepre- neurial economy} then prosperity occurs in unexpected ways! March 22, 1990 Page 213 Economic Development Plan TABLE OF CONTENTS Page Vision Statement --------------------------------- _ i Preface------------------------------------------ ii Overview----------------------------------------- 1 Legal Authority for Economic Development - - - - - - - - - - - - - - - 2 Lubbock Economic Development Planning Process - - - - - - - - - - 3 Economic Development Roles------------------------- 4-5 Organization Chart--------------------------------- 6 Definitions for Action Priorities------------------------ 7 City Council Economic Development Goals and Actions------------------------------------------8-22 - Business Retention and Expansion ................................. 8-11 - SmaIll Business Development ...................................... 12-13 - Industrial Attraction and Recruitment .............................. 14-15 - Vocational/Technical Training ..................................... 16 - Infrastructure and Public Services .................................. 17-18 - Financing and Incentives .......................................... 19 -Quality of Life ................................................... 20 - Marketing and Promotion.........................................21-22 March 22, 1990 Page 214 LUBBOCK ECONOMIC DEVELOPMENT PLAN An Overview The "Economic Development Plan" for Lubbock is similar to a "Business Plan" for a private business. It deals with terms and concepts, such as Economic Development, vision, and goats and actions (including timetables, responsibilities, and accountability). For the purpose of this plan, those terms are defined as follows: ECONOMIC DEVELOPMENT is a net increase of new jobs and/or investment within the Lubbock environs, while maintaining existing jobs and investment that other- wise appear destined to leave the City. Activities or enterprises which appear to simply shill jobs or investment from one sector of the local economy to another, will not typi- cally be viewed as economic development activities/initiatives insofar as this plan is con- cerned. VISION for economic development should inspire and set the tone for all future goals, strategies, actions and accountability for implementation. GOALS should express ideal ends to be achieved or to which we should aspire. They should guide specific actions/strategies. Total attainment of goals is meant to occur over a long time frame. ACTIONS are the critical, specific action -oriented elements of the plan. They should set timetables, responsibilities, funding and accountability for implementation. The organizations assigned responsibility for implementation should have flexibility to modify or expand these actions during the annual city budgeting process. The Economic Development Plan establishes specific action steps for economic development over a five -yeah period. It also includes a one-year, "work program" linked to the annual City Council budget and Capital Improvements Program. The one-year work program is updated annually. The overall plan should be analyzed each year with modifications or reaffirmations of the established philosophy, vision, goals and actions. The following pages describe in more detail the background leading up to the creation of this plan, its organization, and specific implementation plans. - 3 - March 22, 1990 Page 215 LEGAL AUTHORITY Recent changes in State Law have dramatically altered the manner in which Texas municipali- ties may function in the area of economic development. This is especially true in the City of Lubbock. Basically, the changes stem from three laws: 1. HB 3192 -- This particular statute grants new and previously unauthorized pow- ers to the governing body in the area of economic development. The law specifi- cally makes the Governing Body (in our case -- the City Council) accountable and responsible for its programs of economic development. in essence, it makes the governing body the major force in local economic development. Greater flexibil- ity is granted to the governing body in determining how it carries out its programs. 2. HB 28 -- This statute, passed in the 1989 special session of the Legislature, com- plements and clarifies the Council's authority in the area of real estate acquisi- tion. 3. SB 971-- This statute is a companion to HB 3192. SB 971 authorizes the Council to create a non-profit corporation which can exercise some, but not all, of the powers vested in the Council by HB 3192. Such a corporation is nevertheless subject to complete control by the Council. The primary source of funds for the operation of the corporation is the sales and use tax. This tax may only be imple- mented by a vote of the people. As one reads these statutes, it is clear that the intention of the Legislature is to place the Coun- cil in complete: control of its program or programs for economic development. The Council is required to be responsible and accountable for the expenditures of public monies for economic development. The Council is required to be responsible for its programs. While the Council has greater flexibility in administering its programs, certain duties are placed on the Council which may not; be delegated to others. Only the Council may make grants of public money for economic development purposes and, in the absence of the corporation authorized by SB 971, only the Council may make loans of public money for economic development purposes. While that portion of the City of Lubbock Charter which requires the Council to appoint a 15- member Board of City Development is not inconsistent with State Law and remains an oper- able part of the Charter, the new statutes noted above have altered the operations of the Board somewhat. For example, the provision in Chapter Three of the Charter requiring the mill tax allocation to the BCD is now determined to be inconsistent with State Law and does not con- tinue to be effective. Only the Council may now determine how to fund programs, to what extent they will be funded, and whether or not they shall be funded. While the Council is still able to assign certain duties to the BCD, the Council cannot delegate any of the non -delegable duties placed upon the Council by the State Law. The Council may use the BCD in an advisory capacity and/or assign specific tasks of work identified in its program or programs for economic development within the City. In summary, State Law has dramatically changed the role of the Council in economic develop- ment and has also impacted the Charter provisions regarding the BCD. - 2 - March 22, 1990 Page 215 LUBBOCK ECONOMIC DEVELOPMENT PLANNING PROCESS The Economic Development Plan for Lubbock is a guide for an on -going "process." It recognizes that change will occur and, therefore, is designed to adapt quickly. The following describes the Process followed in creating the plan, as well as the process for updating it in the future: ORGANIZING FOR PLANNING *Establish the Council's legal responsibility for economic development. *Obtain broad -based citizen input on issues. *Establish an economic development planning philosophy and adopt an economic development vision for the future. *Establish Economic Development Roles. *Establish an organization chart for implementation. IDENTIFY AND PRIORITIZE ECONOMIC DEVELOPMENT OPPORTUNITIES *Determine critical economic development issues. `Establish key economic development goals. DEVELOP WORK PLANS *Adopt strategic actions/initiatives. *Aeree on a 5-vear elan and one-year work ORGANIZE FOR IMPLEMENTATION *Establislilidentify the organizations to implement the plan. *Adopt the economic development plan by resolution. *Assign economic development responsibilities by contract. *Fund the; one-year work programs. *Monitor ongoing progress. *Evaluate successes and setbacks. *Annually re-evaluate philosophy, vision statement, goals and proposed five-year actions. - 3 - March 22, 1990 Page 217 ECONOMIC DEVELOPMENT ROLES In order for economic development actions to proceed in an orderly and efficient manner, it is essential that the roles of economic development participants be well defined. For the pur- poses of the Economic Development Plan, the following roles have been established by Coun- cil: CITY COUNCIL *Establish the philosophy, vision, and overall direction for economic development in Lubbock. *Create the overall economic development plan and program and function as the "Board of Directors" for the City corporate. *Set goals and approve annual work plan. *Approval and award of contracts with SERVICE PROVIDERS. *Provide budgeted funds for SERVICE PROVIDERS and require performance reports. * Establish reporting guidelines to measure effectiveness of economic development actions and develop methods of strict accountability for funds disbursed under the economic development plan. *Annually review the economic development program and modify the plan as needed. *Provide and administer capital project fund expenditures for economic development. *Maintain communications between economic development organizations to minimize overlap and duplication of services. *Set policy for city staff roles in economic development activities. *Set policy for economic development incentives (loans, grants, bonds, etc.). CITY STAFF *Provide administrative support to City Council, including drafting of overall program and annual plan in accordance with Council directive. *Prepare request for proposals for annual economic development work plan. *Assist in evaluation of proposals. *Contract monitoring and compliance. *Report to Council as needed/requested. * Maintain communications between economic development organizations to minimize overlap and duplication of services. - 4 - March 22, 1990 Page 218 BOARD OF CITY DEVELOPMENT *Advisor to Council on economic development programs, when requested. *Assist Council in evaluating requests for funding, when requested. *Recommend direct economic development assistance. *Provide economic development services as assigned by Council. *Report to Council as needed/requested on performance and goals attainment. * Maintain communications between economic development organizations to minimize overlap and duplication of services. SERVICE PROVIDERS *Respond to request for proposals. *Provide services, as required by contract. *Report to Council as needed/requested on performance and goals attainment. * Maintain communications between economic development organizations to minimize overlap and duplication of services. * The City Council may ask and seek advice from any service provider, as needed. - 5 - March '12, I990 Page 219 ECONOMIC DEVELOPMENT ORGANIZATION CHART The following chart shows, in graphic form, the roles to be assumed by the various Economic Development groups in the City: BCD --- ------------- City Council ---------------- City Staff BCD I Non Profit I INon Profit or Others j or Others Tasks Assigned (i.e. Chamber (i.e. Chamber by Council of Commerce, of Commerce VCB VCB COMA COMA Black Chamber Black Chamber Others) Others Tasks by Tasks by Contract Contract Non Profit lFed., State or Others other Gov. (i.e Chamber (i.e. Tech, of Commerce SPAG,SBDC, VCB PIC, COMA Etc.) Black Chamber Tasks by Others Contract Tasks by Contract Roles for Service Providers Respond to request for proposals. Report to Council on performance. Provide services as assigned or by contact. City Gov. (infrastructure & Public Serv.) Tasks Assigned by Council (Business Retention, Small Business Industrial Attraction, Training, Infrastructure, Incentives Quality of Life, Marketing, Etc.) March 22, 1990 Page 220 DEFINITIONS FOR ACTION PRIORITIES In the section immediately following this page, specific goals and actions are set forth. In order that the reader might fully understand the significance the priorities assigned to each, the fol- lowing definitions are provided: Definition For Top Priori On oin Aefi - Actions that show greatest, immediate to one-year, potential for increasing Jobs and a andin the tax base or improving quality of life factors. Some top priority action items should be ongoing from year to year. Def nition Far High Priori - Actions that show immediate to three-year potential for increasing Jobs and expanding the tax base or improving quality of life factors. Def nition For Moderate_ Priori - Actions that show three-year or longer potential for increasing. jots and gUanding the tax base or improving quality of life factors. - 7 - March 22, 1990 Page 221 City Council Economic Development Goals and Actions While Econornic Development "visions" and "goals" provide the basic direction for the economic plan, the essential elements of a plan that bridges the gap between plans and results are "actions" assigned to economic development service providers. The following; "actions" are linked to their associated goals and are prioritized. The top priority actions generally outline an "Annual Work Program" which assigns first -year actions to be carried out in the upcoming municipal fiscal year. All other actions are prioritized for subsequent action in the five-year plan period. Specific actions will be committed in the annual municipal budget, by formal agreement, or by contract with service providers. COUNCIL GOAL: ENSURE EXISTING BUSINESS THAT LUB- BOCK OFFERS THE BEST OPPORT[TNM FOR MAXIMUM PROFIT, SUPPORT AND EXPAN- SION. Actions: A. Conduct an annual personal survey of busi- nesses to determine problems, concerns or expansion opportunities: Link identified problem, concern or expansion opportunity with appropriate resource within 30 days. . Respond to every business within 60 days. B. Improve communications and cooperation between all economic development organi- zations. Establish monthly meetings be- tween heads of all city -funded economic development agencies, rotated between agencies. Discuss programs, projects and opportunities for our City. City Council to provide staff liaison between Council and economic development agencies. Staff economic development liaison to attend monthly meetings. City Council to be invited to monthly meetings. �11 Priorily Top Top March 22, 1990 Page 222 C. Coordinate closely with Centercorp and sup- port activities of their business plan for revi- talization of central Lubbock. Identify an"early action" project for central Lub- bock and structure a tax increment financing plan geared toward achieving these development is- sues. lExamples of projects are: Sports Arena for downtown. Specialty retail clus- ter . Convention Center Hotel D. Retain Reese Air Force Base and promote the expansion_ of its national security mis- sion. Complete airport zoning for Reese Air Force Base. Promote and expand the Host Family Program for Reese personnel. . Conduct a minimum of two marketing/expansion trips each year to visit legislative and military officials. Develop and maintain a program of complete community support for all Reese activities. E. Promote and expand Lubbock's medical/ health care industry. Conduct a survey of all medical/health care pro- viders to determine needs and opportunities for industry growth. Develop complete report on findings and recom- mendations. F. Expand the City's manufacturing base. . Maintain an active manufacturing task force. Communicate to Council and the public, manu- facturing expansion needs. Priority Top High M Top Top Top High Top Top Top Top Top Top March 22, 1990 Page 223 G. Maintain legislative support for Texas Tech University and its programs. Establish an on -going task force to actively sup- port and promote legislative needs and opportu- nities. H. Ensure that Lubbock remains a center for regional retail activities and grows as new goods and services are added. Develop specific marketing themes and materials (T.V., radio, newspaper and magazines to pro- mote and advertise our assets). Continue to promote the local wine industry. 1. Review tax abatement policies and other in- centive programs to determine if they apply favorably to expansion of existing indus- tries. Report to Council on findings. Keep businesses informed of growth incentive programs. J. Promote the development of agricultural industries,. K. Maintain abusiness liaison office in Cityhall to assist in delivery of city -related services on development issues. Continue other programs and informal efforts to strengthen relationships between the City of Lubbock and the business community. . Maintain business luncheons. Maintain monthly development group and busi- ness association meetings. City departments to assist industry in finding so- lutions to growth -related problems. L. Expand the tax base in all parts of the city with special emphasis to areas where the tax base is now eroding. Priori Top Top Top Top Top Top Top Top Top Top Top Top Top Top High March 22, 1990 Page 224 M. Create an innovative financing program to assist existing companies with expansion plans. 'Keep businesses informed of financ- ing opportunities. N. Develop new avenues of national and inter- national trade. . Evaluate Sister Cities program. Q. Carry out aggressive recognition and appre- ciation program for existing businesses. - 11 - Priori High High High High March 22, 1990 Page 225 COUNCIL GOAL: DEVELOP SUPPORT SYSTEMS FOR SMALL BUSINESSES TO BE ESTABLISHED AND TO SUCCEED OVIV71T,H SPECIAL ATTENTION TO `MINORITY- OWNED ENTERPRISES). Actions: A. Create innovative incentives to help existing companies expand. . Coordinate through Small Business Development Center. Identifying Funds -Continue program which acts as resource base to entrepreneurs. Estalblish risk capital plan to provide start-up and second stage financing for small companies. B. Continue and market SBDC counseling programs to benefit the long term growth of Lubbock. C. Conduct monthly education seminars through SBDC: for small business development. D. Maintain and promote export assistance program for small business. E. Maintain and market Bid Procurement Program to assist small companies to bid on government contracts (with emphasis on minority owned enterprises). F. Investigate establishing a system for disad- vantaged business certification. G. Continue Small Business Recognition Pro- gram. H. Improve communications and cooperation between all economic development organi- zations. Monthly meetings between heads of all City fund- ed economic development agencies. - 12 - Priori Top Top Top High Top Top Top Top Top Top Top Top March 22, 199D Page 226 I. J. K. Establish business incubator. Review other cities with successful projects. Identify alternative sites. Continue working with BCD and provide support for creation of Business Incubator Center. BCD implement based on control data study. (Develop and operate a business incubator in Lubbock) Provide technical assistance and product review to businesses using resources avail- able at Texas Tech University. To include: Cost effective manufacturing methods, prototype evaluation, quality assurance metha,ds and testing of new products. Develop a newsletter for small business regarding available resource information. * When feasible, the City Council desires to use the services of the Black Chamber of Entrepreneurs and COMA to provide small business resource programs to minority -owned enterprises. - 13 - Priori Top Top Top Top Top High High March 22, 1990 Page 227 COUNCIL GOAL: CREATE A HIGHLY AGGRESSWE INDUS- TRIAL ATTRACTION PROGRAM. Actions: A. Develop aggressive industrial attraction promotion program including advertising, direct mail and personal contact with tar- geted industries. Leverage all resources at Texas Tech University, Lubbock Christian University, South Plains Col- lege and Wayland Baptist College. B. Market and promote agricultural industry development. C. Market and expand Lubbock's medical industry. D. Market and expand Lubbock"s wholesale distribution industry. E. Market and expand City's manufacturing base. F. Build and maintain business recruitment contact team -- bringing together utilities, transportation, education, etc. G. Package total incentive programs for tar- geted industries (tax abatement, utilities, land, buildings, financing, start-up training programs, etc.) Packaging - Total unit would involve site, money tax, labor, education, quality of life. Packaged for specific industries. Function to be centralized. H. Maintain business attraction actions which focus on- . Promotion Personal prospecting . HandIing prospects on site . Servicing needs of prospects - 14 - Priori Top High Top Top Top Top Top Top Top Top Top Top Top March 22, 1990 Page 228 . Maintaining adequate research i. Improve communications and cooperation between all economic development organi- zations. Monthly mect:ngs between heads of all City funded economic development agencies. J. Develop an industrial research park. . Conduct feasibility study and market analysis. . Identify alternative sites. Identify infrastructure components (transporta- tion, utilities, rail, etc.) If feasible, provide capital funding and market incentives for development. K. Develop new avenues for national and in- ternational trade and foreign investment. L. M. N. Write targeted marketing plan. Establish Venture Capital Fund (A source of money to purchase and develop compa- nies as part of the infrastructure needs Investigate creating an enterprise zone (Purpose is to create jobs in distressed areas of Lubbock to encourage redevelopment, business retention, expansion, or start-up companies in this area. Develop workable Freeport Law. - 15 - Priori Top Top Top Moderate High High High Moderate High High High High High March 22, 1990 Page 229 .......... ............ ... ............ .... ................. COUNCIL GOAL: GUARANTEE EXISTING AND TARGETED INDUSTRIES THAT LOCAL TECHNICAL TRAINING PROGRAMS WILL MEET THEIR CURRENT AND FUTURE NEEDS.:;;:::;: Actions: A. Annually assess and project vocational train- ing needs by job skills. Coordinate closely with the manufacturers task force- . Keep City Council and public informed. Provide assistance to local companies needing or seeking assistance to recruit, screen, train or re- train employees. B. Provide educational support for jobs. Call for an election to establish a technical train- ing program. Determine training needs. Determine organization(s) to provide services. Develop vocational/technical training program for labor force- C. Improve communications and cooperation between all economic development organi- zations Establish monthly meetings between heads of all City -funded economic development agencies, rotated between agencies. Discuss programs, projects and opportunities for our City. D. Determine Texas Tech University's role and resources for technical training. E. Develop strong community education infra- structure. Priori Top Top Top Top Top Top Top Top Top Top ■y High High March 22, 1990 Page 230 COUNCIL GOAL: MAINTAIN PUBLIC INFRASTRUCTURE AND SERVICES WHICH ARE RF.ADILYAVAUMLE., OF HIGH QUALITY AND ARE COST -COM- PETITIVE FOR EXISTING AND TARGETED INDUSTRIES. Actions- A. City Council shall support the utility and infrastructure needs for Lubbock's future. B. Annually update surveys which compare cost of infrastructure and services to compe- tition cities. . Take follow-up actions to remain competitive. C. City staff shall perform basic services well, with customer oriented attitudes. D. City to take business -type approach to ex- penditures. . City to justify costs and provide accountability. E. Develop the East/West Freeway. F. Continue art aggressive highway develop- ment program to secure an extension of Interstate Highway 27 South to connect with Interstate Highway 10 and 20. G. Continue an aggressive highway develop- ment program to secure a four -lane highway between Lubbock and Dallas/ Ft. Worth as well as a four -lane highway connecting Lubbock with Austin and Houston. H. Enhance Lubbock International Airport Service/Development. Develop more hubbino operations. Attract more airlines to ensure adequate service to enhance business development. - 17 - Priori Top Top Top Top Top Top Top High High High High High March 2z, 1990 Page 231 I. J. K. L. M. Maintain modern, convenient airport facilities that establishes Lubbock as a leader in aviation services. Market and develop the airport's industrial de- velopment opportunities. Develop East Lubbock and other underde- veloped areas. Identify and market development opportunities. Develop incentives to offset low market de- mand. Minimize dividing effects of I-27 and East/ West ]Freeway. Develop Broadway streetscape linkage. Develop a public art display at Broadway and I-27, symbolizing unity. Develop regional solid waste program. Conduct Feasibility study and identify lead entity. Improve Mackenzie State Park. . Gain local control of the park - Investigate re-establishing a first-class RV park (develop and market). Review and update the master plan. Investigate vehicular and pedestrian pathway continuity between Mackenzie and Canyon Lakes system. Develop an outer loop for Lubbock. Priori High Top Moderate High High Top Top High Moderate Moderate High High High High High Moderate March 22, 1990 Page 232 ................. ESTABLISH AND MARIA VARIETY OF ECO- NOMIC Dn ELOPMENT INCENTIVES AND FINANCING OPTIONS WHICH MEET OR EXCEED THOSE OFFERED BY OUR COMPETI- TOR CITIES, Actions: A. Annually update survey which compares Lubbock's economic development incen- tives and financing options with competing cities. B. Provide clearinghouse for all economic development financial resources/incentives. C. Create venture capital/risk capital funds. . Implement BCD plans. D. Review tax abatement plan. Identify plan components needing modification. . Report. to City Council. 19 - Niority Top Top High High High High March 22, 1990 Page 233 Actions: A. Improve Lubbock"s image by cleaning up environment. Continue active code enforcement in all areas. Establish corridor and gateway beautification plan. Continue median and right-of-way cleaning. Encourage businesses and institutions to plant trees, flowers and Flowering shrubs. Support work of "Keep Lubbock Beautiful" program. Maintain a recognition program for individuals or businesses for outstanding contributions toward development of a positive image for Lubbock. B. Enhance Lubbock's cultural awareness. Encourage wide -spread participation in the Arts Festival and wine classic. Support performing arts programs (ballet, sym- phony and theater arts). . Investigate a Black Cultural Center. Encourage widespread participation in Fiestas Del Llano. Create an attractive brochure which emphasizes Lubbock's multi -ethnic population, and identifies cultural activities, facilities and offices. - 20 -- Priori Top Top High Top High Top High High High High High High High March 22, 1990 Page 234 COUNCIL GOAL: MAINTAIN AN ACTIVE AND CREATIVE MARKETING/ADVERTISING PROGRAM WHICH SETS LUBBOCK APART FROM. OTHER CITIES. Actions: A. Expand tourism and convention busi- ness in Lubbock. . Increase promotional activities. Review Convention Board structure and activities. Aggressively pursue new convention oppor- tunities for Lubbock . Expand bus tour program. . Review Convention Board funding. B. Maintain an aggressive legislative af- fairs program (State and National) to capitalize on funding opportunities for Lubbock. C. Data Base Research/Development. Maintain misting data base for economic indicators. . Develop targeted industry data base. Maintain inventory of all available indus- trial sites and buildings by size, owners, ierm:y, zoning, utility availability, develop- ment features, etc. Create and maintain complete data base on job growth, including payroll in all employment sectors. Prepare and provide monthly statistical reports and surveys necessary to imple- ment the economic development plan. Establish and maintain high quality infor- mation reports and packets on Lubbock comnnunity data. 21 - Priori Top Top High Top High High Top Top Top Top Top Top Top Top March 22, 1990 Page 235 D. Improve City's economic development marketing program. Develop regional marketing strategies which target: cities in our wholesale/retail trade areas. E. Improve local attitudes through internal promotions. - 22 - Priori High High High March 22, 1990 Page 236 Following the adoption of the plan, Council will need to implement the plan through the normal budget process used by the City. An economic development budget program is being prepared by the Budget and Research Department and will be submitted to Council during work session on March 22. Motion was made by Councilman Carpenter, seconded by Councilman Patterson, to authorize Resolution #3337, and to add a foot note to Page #13 of the Economic Development Plan to read: "*When feasible the City Council desires to use the services of the Black Chamber of Entrepreneurs and COMA to provide small business resource programs to minority -owned businesses.". Motion carried: 7 Yeas; 0 Nays. 90-49A.-236-166 (27.; BID #10580--Miscellaneous electrical _items _(Central Warehouse. Southwestern Electric Supply--50 ea 400 WHPS Luminaire; 10 ea 400 WHPS Luminaire Mounting Bracket. Cummins Supply Company--10 ea BBS-2 Fuses 600 V. Graybar Electric Co., Inc.--300 ea 1 1/4" Insulated Bushing; 1,500' 14-3 S-J Extension Cord Wire/ 3,000' 1/0 600 V. Wire. Westinghouse Electric Supply--150 ea 1/2" Rigid Conduit; 12,000' #4 Service Drop Wire. Temple, Inc -50 ea Polyphase Meter Enclosure; 30 ea Stand Off Plug 15KV; 100 ea PVC Guy Guard. Fields & Co.--100 ea Toggle Switch. Motion was made by Councilman Carpenter, seconded by Councilman Maloy, to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 90-49A-.236-167 (28.) BID #10615--Annual pricing for herbicides (Land Apglication). Hughes Fertilizer Inc.--250 gl Grain Sorghum Herbicide Metolachlor 86.4%. Kitten Fertilizer Inc.--500 gl Corn Herbicide Cyanazine 43%. Motion was made by Councilman Carpenter, seconded by Councilman Maloy, to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 90-49A-236-168 (29.) BID #10625--Auction for cattle grazing rights, and authorize same. March 22, 1990 Page 237 RESOLUTION #3338 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract by and between the City of Lubbock and Birdwell Cattle Company for auction cattle grazing rights, 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 22nd day of March, 1990. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /sZ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: s' Gene IEads /s/ Harold Willard Gene Eads, Purchasing Manager Harold Willard, Assistant City Attorney CATTLE GRAZING CONTRACT Each of the following parties set forth in Paragraph 1 below agree as follows: 1. Parties. 1.1 The City of Lubbock, Texas, a Municipal Corporation referred to as "City, 1.2 Birdwell Cattle Company, referred to as "Owner". 2. Recitals. 2.1 City conducts farming operations upon certain land owned by the City of Lubbock ("City Farms") where the primary purpose is the lawful disposition of sewage effluent. 2.2 City and Owner desire to enter into a written agreement to govern the grazing of cattle by Owner on the City Farms pursuant to the terms and conditions herein set forth. 3. Agreement. 3.1 Des.c.riRtion of Grazing: This contract governs cattle which are played for: Seasonal grazing shall consist of one or more of the following crops: corn, wheat alfalfa, jose wheat grass, forage, sorghum, and grain sorghum. The period for the grazing of the owner's cattle under this contract shall be approximately May, 1990 to May, 1993, it being understood that the exact dates for the placing and removal of cantle will be mutually agreed on by Owner and City. 3.2 Description of Cattle. The exact number of cattle to be grazed will be mutually agreed upon by Owner and City at the time the land is stocked; however, the cattle to be grazed are: March 22, 1990 Page 238 Yearlings --cattle generally weighing 300 lbs to 700 lbs at the time the land is stocked and which will be grazed on all crops identified in Section 3.1 above, provided, however, that owner may from time to time stock some cows on said land when agreed on by City and City shall designate Canyon or other selected locations for cows. Market price for cows will be determined as $3.00 per month per head above successful bid price. 3.3 Rental. Owner agrees to pay $12.50 per month per head for grazing, payable each 90 days. At the end of each 90 day period and the final removal of the cattle from the property, the cattle will be gathered and counted by the Owner, with the cooperation of the City and such account shall be the basis of payment by the Owner to the period since the last counting and payment. Without regard to the periodic counting provided in this paragraph, payment shall be due for any cattle removed from the premises during the term of the contract, at the time of such removal. Statements shall be presented reflecting payments due from the owner to the City and all statements are due and payable in full within ten days of the date of each 90 day statement. 3.4 Responsibilities of Owner. The owner is to provide all labor, medication, supplements and services necessary for the care of the cattle which are the subject of this contract and City has no responsibility for the care of the cattle. 3.5 Additional Feed. It is understood that if the City has available hay or other roughage which has been produced on the City Farms, then during periods of inclement weather or excessive damage by migratory birds or water foul which results in grazing being reduced or not available, the City shall, in its discretion, make such hay or roughage, to the extent of its reasonable availability to the City, for use by the Owner in feeding the cattle covered by this contract without additional charge to the Owner. 3.6 Availability of Water. The City shall be responsible for making available ground water of suitable drinking quality for the cattle of the Owner at locations in each pasture, the exact locations to be determined by the City. 3.7 Removal of Cattle. All amount due City under this grazing contract must be paid prior to the removal of the cattle by Owner. 3.8 Comoliance with Reaulatory Authorities. Owner understands that this grazing contract is subject to and is subordinate to disposal of sewage effluent at the City Farms, including requirements of the Texas Water Commission, the Environmental Protection Agency, the City of Lubbock and other state and federal regulatory authorities having jurisdiction. In the event of a conflict between the operation of the City Farms for disposal of sewage effluent and for cattle grazing, City will give priority to the requirements of sewage disposal. 3.9 Termination by City. In the event the City determines that the City Farms may be more appropriately utilized for purposes other than the grazing of cattle and the City elects to discontinue cattle grazing on the City Farms, then the City may, by giving four weeks prior notice to the Owner, terminate this contract. Owner shall have four weeks after receipt of written notice of termination under this subparagraph to remove the cattle remaining on the property. 3.10 Termination by Owner._ If the Owner wishes for any reason to terminate this Contract, the Owner may, by giving four weeks prior notice to the City, terminate this contract. Owner shall four weeks after sending notice of termination under this subparagraph to remove the cattle remaining on the property. March 22, 1990 Page 239. 3.11 Indemnity and Liability. City shall not have any responsibility for the condition of or care of the cattle of the Owner which are the subject of this contract. The Owner agrees to indemnify and hold the City harmless from liability for injury or death to the Owner's cattle during the term of this contract, provided, however, City shall be liable to Owner for actual damages arising out of injury or death to the Owner's cattle occasioned by the negligence of City or City's agents, officers or employees. City is not liable to owner for floss of cattle occasioned by disease or natural causes. 3.12 Insurance. Each of the parties shall be responsible for maintaining liability insurance against loss, liability or expense to third parties, including personal injury and property damage, arising out of conduct pursuant to this contract. City agrees to indemnify and hold Owner harmless from consequences of negligence of the agents and employees of City resulting in loss or injury to third parties. Owner agrees to indemnify and mold City harmless from consequences of negligence of agents and employees of Owner resulting in loss or inquiry to third parties. 3.13 Term. Unless renewed or extended in accordance with the terms hereof, this contract small terminate at the end of the winter grazing season in the spring of 1993. 3.14 Fences. City shall maintain fences on the subject property during the term of this agreement. 3.15 Corrals - Pens_- Loading Facilities. The City, in cooperation with the Owner shall provide reasonable corrals, working pens and loading facilities to accommodate the needs of the Owners at locations mutually approved by the parties. 3.15 Binding Effect. This greement small be binding on the parties hereto, the heirs, legal representatives, successors and assigns. 11.17 Venue. This contract is performable in Lubbock County, Texas, where venue lies for any dispute arising under this agreement. :6.1B Rejection of Bids. Bidder understand that the City has the right to reject any bids including the right to reject bids on failure to establish financial responsiblity and to waive any formality in the bidding. 21.19 Approval of City Council. Bidder is notified that any and all actions, decisions and provisions of this agreement made herein are subject to City Council action and approval. March 22, 1990 Page 240 SIGNED AND EXECUTED this 22nd day of March, 1990. ATTEST: /sl Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Car -roll McDonald Carroll McDonald, Assistant City Manager of Utilities APPROVED AS TO FORM: lsL_Daruald G. andiver Donald G. Vandiver, First Assistant City Attorney /s/ B. C. McMinn B. C. McMINN, MAYOR OWNER - BIRDWELL CATTLE COMPANY BY:Is1 J. E. Birdwell J. E. Birdwell Birdwell Cattle Co., Lubbock, Tx --Contract for Annual Cattle Grazing Rights. Motion was made by Councilman Carpenter, seconded by Councilman Maloy, to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 90-49A.-240F169 (30.) BID #10555--Fertilizer (Parks and Recreation)_ Chemical Turf & Specialty Co--230 bag 20-5-10, 50% SCU; 162 bag 21-3-16 Greens Grade; 88 Tn Granulated Gypsum To Be Applied April 2-5, 1990; 108 Tn Granulated Sulfur To Be Applied April 2-5, 1990; 50 Tn 21-0-0 Ammonium Sulfate To Be Applied June 11-13,1990; 108 Tn Granulated Sulfur To Be Applied Sept 17-20, 1990; 15 Tn 21-0-0 Ammonium Sulfate To Be Applied May 15, 1990; 15 Tn 21-0-0 Ammonium Sulfate To Be Applied June 13, 1990. Kitten Fertilizer Inc--160 Bag 16-4-10 +5% Iron/ 21 Tn 16-4-12 60% SCU + 3% Iron To Be Applied April 3, 1990; 21 Tn 16-4-12 60% SCU + 3% Iron To Be Applied August 21, 1990. Farmers Corner--3,400 Bag Granulated Gypsum. Helena Chemical Co--160 Bag Sul-Po-Mag; 120 Bag 10-52-8 Mono -Ammonium Phosphate (MAP); 174 Bag 25-0-25 Plant Marvel Nutriculture. Esco Distributors--30 gl 15-0-0 Liquid Iron Complex. Motion was made by Councilman Carpenter, seconded by Councilman Maloy, to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. March 22, 1990 Page 241 90-49A- 241 •-170 (31.) Western Industrial Supply--400' 12" DI Class 50 Pipe; 40' 18" DI Class 50 Pipe; 2 ea 24" Bell Joint Clamp; 25 ea 4x7 1/2" Full Circle Repair Clamp; 48 ea 8x3/4cc Service Saddle; 2 ea 6x6 MJ Tapping Sleeve. Oberkampf of Lubbock--40 ea 1x3 Brass Gee Coupling; 40 ea 1-1/2" Brass Met Flange. Clowe & Cowan--5,000' 8" SPR 35 Sewer Pipe; 400 ea 1" Curb Stop. Morrison Supply Co--16 ea 6" Clay Adapter; 24 ea 6" Clay x Cl Adapter; 8 ea 8" Pepsi & Peps Adapter; 10 ea 8" Pepsi x C1 Adapter; 4 ea 10" Clay x Cl Adapter. Moore Supply Co--96 ea 2" Dresser Coupling; 10 ea 6" RT Dresser Coupling; 5 ea 6" 11 1/4 deg Cl Wm. Bend; 50 ea 2" SE Gate Valves; 10 ea 10" MJ Gate Valves. Motion was made by Councilman Carpenter, seconded by Councilman Maloy, to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 90-49A- 241-171 (31A.) BII)-#10543--Helen Hodges concession stand facility renovation, and authorize same (Parks and Recreation). RESOLUTION #3339 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract by and between the City of Lubbock and All Texas Builders, Inc. for Helen Hodges Concession Stand Facilities Renovation, 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 22nd day of March, 1990. ATTEST:. s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO COKTENT: s erie Gene Eads, Purchasing Manager STATE OF TEXAS COUNTY OF LUBBOCK Is/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s1 Harold Willard Harold Willard, Assistant City Attorney CONTRACT THIS AGREEMENT, made and entered into this 8th day of March, 1990 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and All Texas Builders, Inc. of the City March 22, 1990 Page 242 of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 1LO543 - HELEN HODGES CONCESSION STAND FACILITY RENOVATION FOR THE AMOUNT OF $47,934.00 and ail extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice t❑ do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: CITY OF LUBBOCK, TEXAS (OWNER) s Rariette Boyd City Secretary APPROVED AS TO CONTENT: Is/ Carlos D. Vigil Development Supervisor COMPLETE ADDRESS:: All Texas Builders, Inc. P.O. Box 3486 Lubbock, Texas 79452 s B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Donald G. Vandiver First Assistant City Attorney ALL TEXAS BUILDERS, INC. CONTRACTOR By: /s/ Tony Ratliff TITLE: President ATTEST: /s/ Mitchell Britton Secretary All Texas Builders, Inc. --Total Bid, $47,934.00 Motion was made by Councilman Carpenter, seconded by Councilman Maloy, to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. March 22, 1990 Page 243 (13.) 289 and west of North Quirt. 90-49A -243-172 (14.) Consider approval of an Oil and Gas Drilling Permit for North Loop Unit #1. 90-49A.- 243-173 (11.) Dub Bratcher, Attorney for Texland Petroleum, and J. R. Blumrosen, Attorney for Arnett & Crossland, advised that their clients are not in agreement on this issue and that there isn't sufficient time to hear both sides at the time allotted for the item during this meeting. They requested a continuance of the Hearing until the April 12, 1990 City Council Meeting. Mayor McMinn instructed both parties to work toward an Agreement before the hearing. This hearing was continued from a previous City Council meeting at the request of the proponent. Motion was made by Councilman Maioy, seconded by Councilman Carpenter, to continue the hearing until 10:45 a.m., April 12, 1990. Motion carried: 7 Yeas; 0 Nays. Use (for a 480' guyed antenna tower) on a tract of land out of Section 4, Block S and Section 1, Block S. ORDINANCE #9345 AN ORDNANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP DF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2644; A ZONING CHANGE FROM M-2 TO M-2 SPECIFIC USE PERMIT FOR A 480' GUYED ANTENNA TOWER ON A TRACT OF LAND OUT OF SECTIONS 1 & 4, BLOCK S, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Assistant City Manager Jim Bertram presented the City's request for this zone change on City -owned property which was purchased from Frank Gray. According to Mr. Bertram, Radio towers are listed as a Specific Use, requiring a zone case for any location. He advised that there was no public comment at the P&Z hearing. No one appeared in opposition. Mayor McMinn closed the hearing at 10:32 a.m. The adjacent land use relationships are as follows: North - Range land, no farming at present South - Range land, no farming at present East - Range land, no farming at present West - Range land, no farming at present The request is consistent with both Zoning Policy and the Comprehensive Land Use Plan, and the area is currently zoned M-2 (heavy industrial). The style of tower is a traditional guyed structure as opposed to March 22, 1990 Page 244 90-49A-- 244. 174 (12.) the new guyless towers south of Loop 289 and east of Slide Road. The Planning and Zoning Commission and City Council approved a similar request several months ago adjacent to East Loop 289, but technical constraints for the site did not allow utilization of the property. The land use requested within this zone case should have no effect on traffic in the area. Staff recommended approval. Motion was made by Councilman Maloy, seconded by Councilman Patterson, to authorize Ordinance 49346 as recommended by P&Z Commission and City Staff. Motion carried: 7 Yeas; 0 Nays. Addition. ORDINANCE #9347 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2643; A ZONING CHANGE FROM R-1 TO A-2 ZONING, LIMITED TO CHURCH USES, ON LOTS 16 & 17, KE14 BOZEMAN ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Reverend William J. Watson presented this request for zone change, and Jim Stevens, Associate Director of Missions of the Lubbock Baptist Convention, spoke in favor of the request. No one appeared in opposition. Mayor McMinn closed the Public Hearing at 10:35 a.m. Mr. Bertram stated that this request is develop a church on 2 lots that front on the Idalou Highway is for lots now zoned single-family which remained undeveloped since the area was annexed. No opposition was voiced at the P & Z public hearing. The adjacent land use relationships are as follows: North - Vacant, Idalou Road South - Single family East - R-1, undeveloped West - R-1, undeveloped The area is zoned as single family, but the location also meets the Planning and Zoning policy of churches being located on thoroughfares and on the edge of neighborhoods. The proposed condition for fencing should solve the adjacent owners' concern about traffic and dust on East 3rd. Any "A" zone is required to be fenced from any adjacent "R" zone unless that requirement is waived by the Planning and Zoning Commission during the zone hearing. The Commission considered a request to not require the full surrounding fence which would be expensive. To provide a fence buffer adjacent to single family developed property and prevent access to East 3rd Street, but reduce the expense of full fencing, the March 22, 1990 Page .245 Commission recommended the condition noted below. With no access to East 3rd, and all traffic from the Idalou Highway, the church development should have little effect on traffic in the area. The Planning and Zoning Commission recommended approval of'this request subject to the following conditions: 1. The screening fence shall be required along the alley, along the East 3rd Street property line, and along the east 138' of the southwestern property line (northern -most lot line of Lot 18). Staff recommended approval of the P&Z Commission recommendation. Motion was made by Councilman Patterson, seconded by Councilman Carpenter, to authorize Ordinance #9347 with Condition recommended by P&Z and City Staff. Motion carried: 7 Yeas; 0 Nays. 90-4'1A- 245--175 ( 6.) Although members of the Board of Directors of the Garden and Arts Center, Inc. have met with members of the Parks Board, the Parks staff, and Legal Department staff for the past 10 months, several members of the GAC, Inc. Board are adamant that GAC, Inc. should retain its operating authority over the Center. Richard Ladd, attorney representing the Board, appeared before the City Council requesting that the Board status remain unchanged expressed his opinion that there is some latitude within the law for the City Council to grant GAC, Inc. Board continued control over the Center. Roland Roberts, Director of the Lubbock GAC Board, presented to the City Council the history, role and functions that the Board has performed over the years. 90-49A-- 245-1 76 [ 7.) A representative of the Parks and Recreation Board will present a recommendation concerning the creation of a Garden and Arts Center Advisory Committee, and consider Ordinance. ORDINANCE #9348 AN ORDINANCE AMENDMG CHAPTER 2, ARTICLE X OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING THERETO SECTIONS 2-270 THROUGH 2-272 WHICH CREATE AND ESTABLISH AN ADVISORY COMMITTEE TO THE PARK AND RECREATION BOARD OF THE CITY OF LUB80CK AND OUTLINE THE DUTIES AND COMPOSITION OF SUCH COMMITTEE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Alice Kerr, Parks & Recreation Board Member, stated that the Municipal Garden and Arts Center, built with bond funds in the early 1960's, is owned, staffed and maintained by the City of Lubbock. It is estimated the annual operating expenses of the Center range between W ,000 485,000 per year, which is funded from the General Fund. However, the administration has been handled jointly by a non-profit organization, the Garden and Arts Center, Inc., and the City of Lubbock since it was built. GAC, Inc. has operated under March 22, 1990 Page 246 general policies and procedures which were approved by the Parks and Recreation Board in 1967 but were never presented to nor approved by the City Council. Staff memo stated that the present policy reads that "The Board of directors of Lubbock Garden and Arts Center, Inc.... shall serve as the Board of directors of the Municipal Garden and Arts Center and shall function in this capacity as a subsidiary board to the Parks and Recreation Board". It states that the Board of Directors shall "approve scheduling of the activities at the Municipal Garden and Arts Center". The GAC, Inc., according to the policies, has the final authority to decide which organizations fulfill the mission of the Center and ultimately be permitted to use the facility. These organizations also have priority scheduling privileges. The general policies further identify fund-raising privileges of GAC, Inc. These fund-raising privileges include: (1) renting of equipment that was either donated to the Center or purchased by GAC, Inc.; (2) the commissions of all sale items and art from the Center; (3) vending machine profits, etc. Over the years, the GAC, Inc. Board has donated many hours helping at the Center and promoting the Center. The annual Fiesta, the predominant fund-raising event, has required many volunteer hours of the GAC Board, the Center users, and Center staff. The Board has purchased furniture and equipment and has financed several small renovation projects. The total contribution has been between $51,000 to $100,000 in the last 27 years (the amount has varied according to the reports received). The volunteer time and financial support provided by GAC, Inc. in the past is appreciated and the City staff hopes that the relationship between the City and GAC, Inc. will continue. LEGAL CONCERNS: However, some of the privileges extended to GAC, Inc. over the last 27 years will have to be eliminated. This does not mean that those individuals actually using the Center and attending events will be impacted. According to the Legal department, a municipality has no authority to surrender, delegate, or barter away its governmental or legislative function and may not surrender control over its property. Neither the City Council nor the Parks Board can surrender control of the Garden and Arts Center to a non-profit corporation, such as GAC, Inc. GAC, Inc. can no longer be given the power to make policies or decide who can and cannot use the facility nor can it collect funds for the use of the Center, equipment rentals, the commission of the sale of art work or display items, the vending/coffee machine sales, foundation donations, etc. The City of Lubbock is ultimately responsible for all activities, operations and decisions affecting the Center. Changing the role of GAC, Inc. is a preventive measure to avoid potential future problems. The Garden and Arts Center, Inc. has had very liberal use of the facility to raise funds for their organization and has had total discretion on how those funds were used. According to GAC, Inc., all the net profits from the funds raised have been used to promote the Center. In 1960, GAC, Inc. was to receive the privilege of having its rent waived until the rent March 22, 1990 Page 247 equalled the amount of the furnishings that were donated. However, ❑nce the practice was started, it was never changed and has been expanded to subsequent organizations that are now members of GAC, Inc. Ms. Kerr presented the following Parks and Recreation Board recommendation: That an Advisory Committee, comprised of members of the GAC, Inc. Board and other organizations meeting at the Center, be created. The Advisory Committee would make recommendations t❑ the Parks and Recreation Board as follows: a) The Advisory Committee shall have the authority to matte recommendations to the Parks and Recreation Board related to the operations and activities of the Center. b) The Advisory Committee shall promote the maximum use of the Center, permitting all citizens to benefit from the fullest realization of Lubbock's cultural and educational resources. c) The Committee shall review guidelines relative to the operation ❑f the Center. d) The Advisory Committee shall review, at least annually, the rental rates for the use of the Center. e) The Advisory Committee shall review a long-range capital improvement program (major construction renovation) for the Center. f) The Advisory Committee shall review a policy for fund-raising activities to be conducted at the Center. g) The Advisory Committee shall review a policy for exhibits to be held at the Center. The members of the Advisory Committee would be appointed by the Parks and Recreation Board and approved by the City Council. The members of GAC, Inc. have expressed concerns that they are the "Professionals" on Garden and Arts activities and therefore, should not be selected by the Parks Board. The Council may wish to change the Ordinance to eliminate the Parks Board's role in the selection of the Committee members. Ms. Kerr said that it is the intent of the Parks and Recreation Board and Staff that the Municipal Garden and Arts Center Advisory Committee would represent the entire group of users at the Center and would make recommendations to the Parks Board. The current user groups of the Center would be minimally affected by changing GAC, Inc. from an ❑perating board over the Center to an Advisory Committee of the Parks and Recreation Board. Further, it is the desire ❑f the City t❑ use the facility in the same manner for which it has been used in the past - for predominantly cultural and educational purposes. It has been and will be the intent of the City to work with the Garden and Arts Center, Inc. and all the member organizations in a March 22, 1990 Page 248 positive manner in order to maintain the high quality of services and programs provided by the Garden and Arts Center. Mayor McMinn then called for Council questions or comments. Councilman Phillips asked if the uses were limited when the building was built or when the City began using the facility, and if not, when limiting the uses began and how they came about. Rita Harmon, Assistant City Manager for Public Safety and Services, replied that the Garden and Arts Center facility was built with bond funds and there were no legal covenants in the warranty deed purchasing the land or building the building, but that since 1960 the allowed uses have been for cultural and educational purposes. She then pointed out that decisions regarding the use of the facility rest with the City Council. Councilman Phillips asked if Council has ever adopted a resolution specifying or limiting the uses, and Ms. Harmon advised that no resolution or ordinance has been approved by Council establishing or limiting this facility's usage. Councilman Carpenter said that the statement was made earlier in this meeting that the Parks and Recreation Board at one time set up the guidelines which are now used. He then asked if the Garden and Arts Center Board has been allowed to operate, (not with Council approval) under the guidance of the Parks and Recreation Board, which was also an operating board at that time. Ms. Harmon indicated that that is correct and she went on to say that the last revisions of the policies and procedures were presented to and approved by the Parks and Recreation Board in 1967. Those policies and procedures enumerate the duties and responsibilities of the Garden and Arts Center, Inc., and list procedural information. She stated that those policies grant the Garden and Arts Center Inc. Board greater authority than the Parks and Recreation Board had to give away and greater authority than the City Council has to give away. Councilman Carpenter then asked why this matter was not brought to the City Council, and related that someone had indicated that it had been. Mr. Carpenter went on to say that according to staff research this matter was not considered by Council, and stated his opinion that it appears that Council has approved these guidelines through the Parks Board and that, in his opinion, that was not Council intent. Ms. Harmon answered that she did not know why the matter had not been presented to Council, but reported that Parks Board minutes of the meeting when the guidelines were approved, read that the board was told by someone that the procedures could be approved by the Park Board and did not have to come to the City Council. Councilman Carpenter then commented that this facility has been well staffed, and has operated efficiently due to the work of not only the center volunteers, but also the City Staff. He stated further that since he has been on the Council, there has been no discussion of problems regarding the center. March 22, 1990 Page 249 Ms. Harmon answered that the Center has historically operated without major problems, and that the action being suggested at this time is a preventative measure which will address issues of liability, etc. She then pointed out, in response to a question from Councilman Carpenter regarding the Center's use and attendance, that the daily attendance is good attendance and the facility is well used, but that other park facilities have equal to or better attendance. Councilman Carpenter then asked if there is any way that the City Council can legally allow the Garden and Arts Center Board to continue to operate under the sanctions of the Park Board and the City Council, taking into consideration the legal and money issues, but leaving them as much authority and autonomy as possible without just making the decision to put the GAC Board under the Parks and Recreation Board. He reminded the Center Board representatives in the audience that Council has previously stated to them and to the Park Board that liquor wasn't going to be sold at this facility. In reply to a statement made by Roland Roberts that Parks and Recreation Director Lee Osborn was responsible for placing the Center on the list of Parks facilities named in the Ordinance allowing sale and serving of alcoholic beverages, Councilmember Carpenter stated that neither Mr. Osborn nor the Parks Board were responsible for that. Councilman Carpenter then advised Mayor McMinn that he would like to ask the Staff to work out an arrangement which would leave the basis of the GAC Board as an advisory board which would be allowed to totally operate the center, under the Parks and Recreation Board, and with City Council approval. He mentioned that he was not requesting to approve daily operational matters, but rather the guidelines for operation. Mayor McMinn referred the question to City Attorney John Ross, who stated that the issue is not the use of the building, but rather is that the City Charter places the exclusive of control for the parks on the City Council, and according to Mr. Ross this is not a delegable function. He pointed out that the Parks Board is set out by Charter, and is tasked with making recommendations to Council for policies or instances that are applicable to the parks. Mr. Ross then cautioned the Council that all policies must be uniform because of civil rights exposure. He went on to say that he knows of no non-profit corporations that are advisory boards and that advisory boards are created by the,City Council; however, the Garden and Arts Center Inc. Board is created by charter issued by the Secretary of State. Councilman Phillips then said that his understanding from the testimony of Mr. Roberts and Mr. Ladd is there are two basic concerns: 1) They would like to have the uses of that building limited; and 2) They would like to prohibit alcohol from being served in the Garden and Arts Center facility. March 22, 1990 Page 250 Councilman Phillips suggested that Council: 1] Limit the uses of the facility to the uses presented during the meeting; 2) Take the Center facility out of the alcohol ordinance; and 3) Create an advisory board made up of the members of the different organizations that use that facility. Mayor McMinn asked if the makeup of the advisory board would be as written in the proposed ordinance, and Councilmember Phillips stated that was his intent. Mayor Pr❑ Tem Baker stated that her concern for limiting the use of this building, because the building was paid for with bonds sold by the City, and it belongs to the entire City. Councilman Patterson asked about the makeup of the membership of the present board, and Mr. Roberts replied that there are 12 members. Councilman Patterson requested to know if any of the members are Black or Hispanic, and Mr. Roberts replied that they are not. Mr. Patterson then asked if and when ethnic minorities have been members ❑f the board, and Ms. Jean Nichols stated that some have been in the past, but that she did not remember who they were or when that had been. Councilwoman Trejo then recounted three telephone conversations with Ms. Nichols during which Ms. Nichols had been patronizing regarding the issue of minority use of the facility and representation ❑n the board. She reprimanded Ms. Nichols and stated her belief that all citizens in the City of Lubbock should respect each other and work together. Councilwoman Trejo then pointed out that there were no minority individuals in the audience, and challenged the group to reach ❑ut to all of the citizens of Lubbock instead of waiting for them to come to the group. Councilman Maloy advised that he does not favor an advisory committee, but would concede on that point if such a committee were comprised ❑f a multifaceted group of people that are currently ❑perating. He went on t❑ say that he was not referring t❑ the present 12-member board, but rather t❑ a committee which would be established by City Council for a one-year trial period, with Council review at the end of the year to determine whether ❑r not to continue the committee. Motion was made by Councilman Maloy that Council create an advisory committee, to include representation ❑f all citizens, for the Garden and Arts Center for a ❑ne-year period, and that the Parks and Recreation Board, as set ❑ut in the Charter and the current ordinance, continue to function as the ❑verall advisory board for the Garden and Arts Center with input from this new advisory committee to be set up by Council. He stipulated further that the Garden and Arts Center, Inc. will not continue to function as the facility board of directors. Mayor Pr❑ Tem Baker seconded the motion with the understanding that the advisory committee to be created by Council be the one referenced in the proposed ordinance in the back-up information for this item. Councilman Maloy agreed. March 22, 1990 Page 251' At this point, Councilman Carpenter made a motion to amend the motion to include a list of approved uses for the facility based on the present permitted uses, making appropriate revisions, and that the use of alcoholic beverages in the facility be specifically banned. Motion was seconded by Councilman Phillips. Ms. Harmon stated her understanding that Council intent is to -pass the proposed ordinance on first reading at this meeting, and that the suggested list of permitted uses will be set out in a separate policy to be developed by the Parks and Recreation Board with input from the newly -created Garden and Arts Center Advisory Committee, and that these guidelines will not be submitted with the second reading of the proposed ordinance. Ms. Harmon then commented that the issue of banning alcohol from the facility might need to be handled in a separate ordinance. It was consensus of Council to handle the alcohol issue in a separate ordinance. Mayor Pro Tem Baker requested clarification regarding the life of the advisory committee as to whether it will be limited to one year, or if it will come back t❑ the Council in a year for determination as to whether or not it will be continued. Councilman Maloy stated his intention that it be limited initially to a one- year life, and if it is functioning well, Council will continue it. Mayor McMinn restated the motion to amend to: 1) Limit the use of the facility to guidelines to be drawn up by the Parks and Recreation Board with input from the Garden and Arts Center Advisory Committee, and that these guidelines be based on the current list of uses and brought back for Council approval; and 2] Ban the use of alcohol at the Garden and Arts Center Facility, and that this be done in a separate ordinance. Motion to amend passed on a vote of 7 Yeas; 0 Nays. Motion as amended passed on a vote of 7 Yeas; 0 Nays. (32.) Hold an Executive Session on personnel matters to discuss appointments to: Lubbock Citizens Traffic Commission Permit and License Appeal Board Parks and Recreation Board March 22, 1990 Page 252 90-49A- 252-177 (33.) 1990. Motion was made by Councilman Phillips, seconded by Councilman Patterson, to appoint Dan Gomez to the Lubbock Citizens Traffic Commission. Motion carried: 6 Yeas; 0 Nays --Councilwoman Trejo absent from Council Chambers. 90-49A- 252-178 (34.) Motion was made by Councilman Phillips, seconded by Councilman Carpenter, to reappoint Dorothy Phea and Tom Ingram to the Permit and License Appeal Board. Motion carried: 6 Yeas; 0 Nays --Councilwoman Trejo absent from Council Chambers. 90-49A-252w179 (35.) Motion was made by Councilman Carpenter, seconded by Councilman Phillips, to hold appointment to the Parks and Recreation Board until the April 12, 1990 Council Meeting. Motion carried: 6 Yeas; 0 Nays-- Councilmember Trejo absent from Council Chambers. (25.) There beings no further business to come before the Council, motion was made by Councilman Patterson, seconded by Councilman Maloy to adjourn the meeting at 12:21 P.M. Motion carried: 6 Yeas; 0 Nays --Councilwoman Trejo absent from Council Chambers. B. C. McM N,- MAYOR q : Boyd, City S cretary READ AND APPROVED THIS 12TH DAY OF APRIL, 1990. Jr � B. C. McMfNN, MAYOR qc ;y Boyd, City Se eat ,�3treaxy 4d c ' x�3M xxrorn v dam sr c -r x „ n N 3 2t a 3 �yym OS��' Ao R-381 CE OF PUS ICIHEARING i• TEXAS t LIUBBOCK r Frances Hernandez a Notary Publi in and for Lubbock County, Texas on this day r appeared i. J. A u f i i I t Account h� a n a g e r of the Southwestern Newspa- �(srporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who by me ,duly sworn did depose and say that said newspaper has bee blished continuously for more an fifty-tw❑ weeks prior to the first insertion of this Le r? a l �I g i c e No. 823756 at Lubbock County. Texas and the attached print- ed copy of the Legal Notice is a true copy of the original and was printed i the Lubbock Avalanche -.Journal on the following dates; March 6, 19'90 _. 167 words (a _.46 = $76..82 -� - — Account Manager LUBBOCK AVALANCHE -.JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 2 day of FORM W10 A)61__a_ �Sr a`a FRANCES HERNANDEZ Notary PUb:ic, $fate r:l 7r ,ilS MY Caroni scion Fxjwes 7.6.91 \' stif iLy Avril 1990 SECO'. J READING GROINA':­�Ea OROINANCE NC-P33% AN ORDINAti CE ING AND CLOSING A FIVE F:f'- UNDERGROUND L'TIL1" EA5E7AENT LOCATED !:=" WEST OF THE PLF-SA'.- RIDGE AUDITION TOTHE1 ' OF LUBBOCK, LGCA'IE: TRACT ",A.r"�' C-'Y'SON P'.' - F.N AODITQ4 TO 4F4E C"7 LUB8OCK. LLraBOCK CC..'• TEXAS. is NOR FLPTIC'._ LY DESCRIBED HEnEI•.. -= IN OF THIS ORDI•I-'J:E. - RECTIHG THE CI T" e'<uO- TO MARK THE OFF IC'.:L OF THE CITY 7C SAID A0ANDON,1. _%T CLOSING; PROVIDING A 5.:. 1 NGS CLAUSE; AN D P RGVI� FOR PUBLICATION. DRDIHANCE N,0.5;�: AN ORDINf —LICE ESTL 3_ LISHING ONE AODITICti-L CLASSIFIE❑ POSITIO]' IN T _ LI, POCE DEPARTr.:ENT OF --E CITY OF LU 66OCK. 7EX-S. =� THE RANK AND TITLE OF "A$,! SISTANT POLICE CHIEF,'' THREE ADDITIONAL CL' FIED POSIT IONIS IN THE - LICE DEPARTMENT OF CITY OF LUBOOCK, TEXAS THE RANK AND TITLE OF LICE SERGEANT." AND C?~` ADDITIONAL CLASSIFIED tom• TION IN THE POLICE OEPA'- ' IAENT OF TFiE CITY OF :tee BOCK. TEXAS. Or THE R.:tir AND TITLE OF "POLICE CCz- PDRAL;" OIRECTINGTHE CI'YJ MANAGER OF THE CITY LUBBOCK. TEXA5, TO N%A-.E1 CHANGES IN THE APPRG:,L; HUOGET OF THE CI7Y FOR G'S CAL YEAR 1009.90 TO HER -- TER REFLECT THE CREA'IO•. OF SUCH ADDITIONAL PCS'.• TiDNS; PROVIOING A SAVOIG$1 CLAUSE AND PROVIDING Fca;' fPOSLICATION. H- 396 .'ERAS isocx n y R Henry a Notary Public in and for Lubbock County, Texas on this day •ed T.j �wR u l i ip Account Manager of the Southwestern Newspa- publishers of the Lubbock Avalanche -Journal - Morning, and Sunday, who being by me duly and say that said newspaper ha been published continuously for more than fifty-two weeks pri- rtion of this legal n v t c e ❑. ����' at Lubbock County, Texas and the attached print- s a nv Ce is a true copy of thhe original and was printed in the Lubbock 11 on the following dates: March 249 319 14 90 M a n a g r NOTARY PURL My Commission ANCHE-JOURNAL vspaper Corporation vorn to before me this 29day and for the State of Texas TQNYA HENRY motaYy Public STATE OF TEXAS my Comm Exp Nov 19 1"4