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
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�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